Part 5 COMMERCIAL/OFFICE DISTRICTS

Any use by right permitted in the R-3 Multi-family Residential District, provided that such residential uses exist in conjunction with the commercial uses by right specified under Subsection 2A(2), (3), (4) and (5).

Retail stores or outlets for the sale of baked goods, beverages, flowers, food products, drugs, pharmaceuticals, sundries, paints, dry goods, notions, wearing apparel, footwear, appliances, hardware, plumbing supplies, paper products, books (excluding adult uses), photography equipment, professional supplies and equipment, office supplies, precut lumber supplies, furniture, jewelry, house furnishings, antiques, stationery, newspapers and magazines, tobacco products, gifts and novelties, optical supplies, sporting goods and similar retail uses.

Business, personal service or professional offices related to doctors, lawyers, dentists, architects, engineers, real estate, banking, finance and credit agencies, insurance, photography shops or studios, advertising, employment agencies, accounting, business management, printing, interior decorating, governmental offices, utility company offices and similar types of office use.

(4)

Other personal service uses such as hair styling, clothing repair, tailor shops, appliance repair, shoe repair, pickup and delivery shops for cleaning and dry cleaning, electrical repair shops, plumbing shops, bicycle repair, trade schools, personal recreation facilities such as bowling alleys, theaters or similar indoor recreation uses, and similar uses for personal services.

(5)

Restaurant, tavern, mortuary or funeral establishment, private clubs or lodges (nonprofit, member only), automated telephone and utility substation.

(6)

Branch postal services.

Conditional Uses (see Part 9).

Automotive and farm equipment sales requiring a showroom and office with repair or service facilities fully enclosed and meeting the physical performance requirements in Part 11. Such use or uses shall require a minimum lot area of 30,000 square feet and a minimum lot width of 150 feet at the street line.

Gasoline service stations limited to the sale of gasoline, oil products, tires, batteries, automotive service products, lubrication, engine repair, State inspection, interior washing. Such use shall require a minimum lot area of 40,000 square feet and a minimum lot width of 150 feet at the street line.

Motel, motor hotel and rooming house.

(4)

Shopping center, on a lot of at least five acres, subject to the regulations of § 27-503, Subsection 3C through E, I and J. The foregoing regulations shall apply in addition to all other applicable standards set forth in this chapter.

Use by Special Exception.

Commercial dry-cleaning and laundry plant, in accordance with the following criteria:

(a)

The facility or use shall not occupy a gross area larger than 2,500 square feet.

(b)

The facility shall be designed, used and occupied only when physically connected to a pickup and delivery store and shall be limited to the cleaning of garments, fabrics, etc., which are picked up and delivered from a store or outlet located within the confines of Northampton Township.

(c)

Outdoor venting of solvent vapors shall be prohibited except for the normal machine vent cycle.

(d)

The facility shall have an off-street loading area in accordance with § 27-1109.

(e)

Cleaning solvents must be of the nonflammable type and must be restricted to perchloroethylene or an equivalent nonpetroleum-based solvent. All toxic or hazardous chemicals used must be contained within the machinery equipment and/or storage tanks (a totally closed system).

(f)

Any applicant shall be required to submit the following:

A complete description of the business operation, including a list of the raw material utilized, materials identified as hazardous materials by either the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Protection, and the quantities of each such material stored before and during use and stored on site awaiting shipment.

A letter certifying the applicant's understanding that any alteration or change in the use and/or storage of the above-referenced materials, by-products or waste products must be approved by the granting of a special exception.

A description of the method used for on-site disposal of waste generated by the applicant, including any pretreatment and any waste product other than normal domestic sewage.

An environmental impact analysis for any hazardous material or waste product identified in 40 CFR 261, the United States Code, published by the Environmental Protection Agency, or in regulations published in 25 Pa. Code Chapter 261a of the Rules and Regulations for the Pennsylvania Department of Environmental Protection, which shall include, but not be limited to, the exact method of receiving, handling, storage, use and disposal of such product or products, the impact of such use upon the employees, nearby employees, the neighborhood and the physical area which might be affected including, but not limited to, odors and odor thresholds, air, groundwater pollution potential, fire and safety hazards, and accidental discharge remedies, all of which shall be prepared by persons with expertise related to the process.

(g)

Written records shall be kept on premises of the inventory of on-site chemicals and the stored quantity of hazardous waste and shall be available for inspection by Township officials during business hours.

§ 27-503 C-3 Planned Commercial District.

Municipal uses, per standards in § 27-1121.

Accessory Uses. Any use which is entirely incidental and subordinate to the above permitted uses and is located on the same lot or parcel.

Area and development regulations in the C-2 District shall be as follows:

Minimum lot area: 15,000 square feet.

Minimum lot width (at street): 75 feet.

Maximum building coverage: 35% of lot area.

Minimum front yard: 50 feet.

Minimum rear yard: 50 feet.

Minimum side yards, each/aggregate: 15/30 feet.

Buffer area (see Part 11) for side and rear yards abutting any residential district: 20 feet.

Public sewer and public water connections shall be required, if available within 150 feet of the site.

Off-street loading for all developments shall be provided in accordance with § 27-1109.

Additional Design Standards for the C-2 District.

Lighting for Parking, Driveways and Loading Areas. All parking areas, driveways and loading areas shall be provided with a lighting system meeting the requirements of § 22-617 of the Township Subdivision and Land Development Ordinance [Chapter 22]. All lighting shall be shielded from traffic on any public right-of-way and from any residential district.

Outdoor Storage. No permanent storage or display for sale of merchandise, articles or equipment shall be permitted outside a building. All garbage, trash and rubbish shall be stored in airtight, vermin-proof containers and also shall be screened from public view. Any commercial use furnishing carts or mobile baskets as a service to shoppers shall provide areas within the required parking space areas for storage of said carts or mobile baskets. Such a defined storage area shall be clearly marked for storage of carts or mobile baskets.

Freestanding Structures. If a freestanding structure (such as a drive-in bank, photo pickup stand, etc.) is proposed and approved for use, such use or structure shall conform to all other requirements of this chapter as if such were a principal structure. Such use must be designed or located to be free from traffic hazards related to interior circulation and parking facilities required for other uses.

Village Overlay District.

Uses permitted by right within the underlying C-2 District shall be permitted by right within the Village Overly District.

Uses permitted by conditional use or by special exception within the underlying C-2 District shall be permitted by conditional use within the Village Overly District.

Uses not permitted by right, conditional use or special exception within the underlying C-2 District, but are permitted as a use by right, conditional use or special exception within the C-3, PO or IP Districts, shall be permitted by conditional use within the Village Overlay District.

All applications for subdivision and/or land development activity must develop under the Village Overlay District requirements and utilize the design criteria specified by the Village Overlay District. Compliance must be met with all ordinance provisions including those that are specified under § 27-1125 as well as § 22-619 and Appendix 22-A of the Subdivision and Land Development Ordinance [Chapter 22].

Where conflicts between the provisions of the C-2 Zoning District and Village Overlay District exist, the provisions of the Village Overlay District shall apply.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 289, 5/10/1989; by Ord. 307, 6/13/1990; by Ord. 389, 12/13/2000; by Ord. 415, 1/22/1997; by Ord. 428, 9/10/1997; by Ord. 460, 3/8/2000; by Ord. 470, 12/13/2000; by Ord. 497, 9/22/2004; by Ord. 535, 12/17/2008, § 2; and by Ord. 591, 5/24/2017]

Specific Purpose. The Planned Commercial District is intended to provide for a carefully designed community shopping center meeting the commercial needs of the residents of Northampton Township, as described in the Township Comprehensive Plan. Prerequisites for consideration of such a shopping center include the availability of both public water and sewer connections; adequate traffic capacity on all abutting and affected streets and highways; a proven or demonstrated need for such additional commercial uses by way of an economic feasibility study; and an environmental impact analysis showing conclusively that such use will be suited for location in Northampton Township.

Use Regulations.

Uses by Right. Shopping centers, containing any of the following uses, are permitted within the C-3 Planned Commercial District under an integrated design for the entire site being considered, provided that all such uses are within an enclosed structure:

Retail stores or outlets for the sale of baked goods, beverages, food products, drugs, pharmaceuticals, flowers, sundries, paints, dry goods, notions, wearing apparel, footwear, appliances, hardware, plumbing supplies, paper products, books (excluding adult bookstores and outlets for sales or viewing of pornographic literature or film strips), photography equipment, professional supplies and equipment, office supplies, precut lumber supplies, furniture, jewelry, house furnishings, antiques, stationery, newspapers and magazines, tobacco products, gifts and novelties, optical supplies, sporting goods and similar retail uses.

General merchandise stores, including department stores, specialty clothing shops, supermarkets, lunch counters, delicatessens or restaurants (each meeting the definition of "restaurant").

(4)

Other personal service uses such as hair styling, clothing repair, tailor shops, appliance repair, shoe repair, pickup and delivery shops for cleaning and dry cleaning, electrical repair shops, bicycle repair, trade schools, personal recreation facilities, such as bowling alleys, theaters or similar indoor recreation uses, and similar uses for personal services.

(5)

Branch or satellite library facilities, community center meeting rooms, automatic postal equipment and mail-order facilities.

Use by Special Exception. The following uses shall be permitted as special exceptions after approval by the Zoning Hearing Board:

Municipal uses, per standards in § 27-1121.

Commercial dry-cleaning and laundry plants shall be allowed as special exceptions, subject to the criteria, restrictions and requirements of § 27-502, Subsection 2C(1), of this chapter.

Accessory Uses. Any use which is entirely incidental and subordinate to the above permitted uses and is located on the same lot or parcel.

Area and development regulations in the C-3 District shall be as follows:

Minimum site area: 10 acres.

Maximum site area: 15 acres.

Maximum principal and accessory building coverage: 20% of lot area.

Floor area ratio maximum: 0.40.

Maximum impervious surface ratio: 70%.

Minimum buffer from an AR District or Residential District along all property lines (no building or structure permitted): 100 feet. Service or access drives may be permitted in the minimum buffer area, provided that such service or access drives are located no closer than 50 feet from the nearest property line.

Minimum distance of any principal or freestanding building from any street or property line shall be:

For a principal or freestanding building 3,000 square feet or less of gross floor area: 30 feet.

For a principal or freestanding building with greater than 3,000 square feet of gross floor area: 100 feet.

Minimum parking area set back from any street or property line is determined by the square footage of the structure used to calculate off-street parking requirements pursuant to § 27-503, Subsection 4H, as follows:

For structures with less than 3,000 square feet of gross floor area: 10 feet.

§ 27-504 PO Professional Office District.

For structures with greater than 20,000 square feet of gross floor area: 50 feet.

Minimum major street frontage: 500 feet.

Minimum distance between any building faces: 50 feet.

Additional Design Requirements. In addition to those requirements specified in § 27-502, Subsection 5, the following regulations for the C-3 Planned Commercial District shall apply:

Plans shall be submitted for full development at the time of completion (no phasing of plans even though construction may be phased).

All points of ingress and egress (two minimum) shall be fully curbed and channelized to a minimum depth of 100 feet inside the property line.

Interior drives shall be a minimum of 24 feet in width for two-way traffic movement and a minimum traffic lane of 18 feet for one-way traffic and shall have curbs, where required, for safe interior circulation.

All off-street loading (see Part 11) shall be located separately from parking areas.

Adequate capacity for public water and public sewer connections shall be available.

Fire safety lanes shall be provided around 100% of the perimeter of all buildings.

All area not used for buildings, parking or loading shall be fully landscaped. (See Part 11.)

A complete traffic impact study is required, including recommendations for traffic control, acceleration-deceleration lanes, complete peripheral curbing and street widening.

Additional requirements are contained in Part 11 for planned commercial uses. In addition to all of the above, the Board of Supervisors and the Planning Commission may require such other design criteria to assure safety, compatibility of the site and harmony with the character of the neighborhood.

Village Overlay District.

Uses permitted by right within the underlying C-3 District shall be permitted by right within the Village Overly District.

Uses permitted by conditional use or by special exception within the underlying C-3 District shall be permitted by conditional use within the Village Overly District.

Uses not permitted by right, conditional use or special exception within the underlying C-3 District, but are permitted as a use by right, conditional use or special exception within the C-2, PO or IP Districts, shall be permitted by conditional use within the Village Overlay District.

Where conflicts between the provisions of the C-3 Zoning District and Village Overlay District exist, the provisions of the Village Overlay District shall apply.

[Ord. 160, 4/6/1977; as added by Ord. 241, 9/24/1986; as amended by Ord. 289, 5/10/1989; by Ord. 307, 6/13/1990; by Ord. 370, 10/13/1993; by Ord. 470, 12/13/2000; by Ord. 488, 1/22/2003; by Ord. 535, 12/17/2008, § 3; and by Ord. 591, 5/24/2017]

Specific Purpose. The Professional Office District is intended to provide sufficient space within the Township for professional office use and is specifically designed to exclude other retail and commercial uses. Another specific purpose for this district is to provide a buffer or buffers between the existing General Commercial/Office Districts and any existing residential district. Prerequisites for consideration of such a Professional Office District include the availability of both public water and sewer connections and facilities; adequate and available existing highway traffic capacity on all abutting and affected streets and highways; and a demonstration by the occupants of this district that the impact on surrounding residential areas will be minimized by intended construction and use.

Use Regulations.

Uses by Right. The following uses are permitted as uses by right within the PO Professional Office District, and a building or buildings may be erected and/or used and a lot may be used or occupied for the following purposes and no others:

Business offices and professional offices, including but not limited to offices of a medical doctor and such uses as are customarily related thereto; offices for a dentist, chiropractor, optometrist, physical therapist and uses customarily related thereto; and offices related to other professions, such as lawyers, architects, engineers, real estate, banking, financial agencies, insurance, advertising, accounting, business management, personal professional services, governmental offices and similar types of office use.

Any related use of the same general character as any of the above permitted uses, provided that there shall be no retail sales uses except those which are incidental and accessory to, and customarily associated with, one of the above professional uses; and, further provided, that no display of merchandise is maintained in the main waiting room or is visible from the outside of the premises. Other commercial uses are specifically prohibited within this district.

No-impact home-based business, where such business is located in a dwelling and provided such use shall not supersede any deed restriction, covenant or agreement restricting the use of land, or any master deed, by-law or other document applicable to a common-interest-ownership community.

Use by Special Exception. The following uses shall be permitted as special exceptions after approval by the Zoning Hearing Board:

Municipal uses, per standards in § 27-1121.

Conditional Uses.