[Ord. 2-1976, 2/3/1976, § 900]
1. Commercial Districts are intended to:
A. Provide sufficient space in appropriate locations for the types of
shopping, professional, and service establishments anticipated to
be needed in the Township.
B. Protect commercial development against intrusive uses which are incompatible
and against objectionable influences such as noise or glare, and from
hazards of fire.
C. Provide appropriate space for the requirements of commerce including
the provision of off-street parking spaces, safe circulation of pedestrian
and motor traffic in the zone and in nearby areas.
D. Promote the most desirable use of land and pattern of building development
in accord with a well considered plan for the district as a whole
and to protect the character of the area and nearby districts.
[Ord. 2-176, 2/3/1996, § 901; as amended by Ord.
1-1999, 2/24/1999, § 102; by Ord. 2-2004, 4/21/2004, §§ 1,
2; by Ord. No. 2-2018, 6/20/2018; and by Ord. No. 2-2022, 7/20/2022]
1. A building, separate or unified, may be erected or used and a lot
may be used or occupied for any one of the following uses and no other:
A. Retail store with a gross floor area not in excess of 10,000 square
feet.
D. Professional office, studio or medical clinic building.
E. Bank or similar financial institution.
F. Agricultural use, including tilling of the soil, nursery or greenhouses;
provided, that the keeping of livestock for commercial purposes shall
be prohibited.
G. Accessory use on the same lot with and customarily incidental to
any of the above permitted uses which may include the following:
(1)
Storage within a completely enclosed building in conjunction
with a permitted use.
(2)
Signs as permitted in Article 20 of this chapter.
(3)
Parking as required in Article 21 of this chapter.
(4)
Living accommodations or sleeping quarters for the proprietor
or a watchman.
H. Any use of the same general character as any of the uses specifically
permitted when authorized as a special exception by the Zoning Hearing
Board; provided, that such use does not adversely affect or interfere
with the health, safety and general welfare of the community.
I. I - Residential Cluster Design in accordance with §
27-1201 through §
27-1209.
J. Medical marijuana dispensary, subject to §
27-1003, Subsection
8.
K. Seasonal outdoor dining only in conjunction with the operation of a permitted indoor restaurant, when authorized as a conditional use by the Board of Supervisors, in accordance with this Article
10 and Chapters
22 and
27 of the Township Code.
L. No use shall be permitted which is in violation of the prohibited
uses and performance standards in Article 21 of this chapter.
[Ord. 2-1976, 2/3/1976, § 902; as amended by Ord.
9-1977, 8/8/1977, § 1]
1. Lot Area and Lot Width. Every lot shall have a lot area of not less
than 12,000 square feet and such lot shall be not less than 50 feet
in width at the building line, provided that if individual lot sewage
disposal is to be used, the lot shall have an area of 30,000 square
feet and a front building line width of 120 feet.
2. Building Area. Not more than 55% of the area of each lot may be occupied
by buildings, impervious parking areas or other impervious cover.
3. Front Yard. There shall be a setback on each street on which a lot
abuts which shall be not less than 40 feet in depth.
4. Side Yard. Side yards shall be provided on every lot as follows:
A. For every detached or unified building, there shall be two side yards,
neither of which shall be less than 12 feet in width.
5. Rear Yard. Where a rear yard is immediately contiguous to Residential
Districts 1 or 2, the depth of the rear yard shall be equal to the
minimum rear yard requirements in such Residential District.
6. Height. No building shall exceed three stories or 35 feet in height.
7. Special Regulations.
A. Every use other than parking facilities, and except as otherwise provided in this Article
10, shall be completely enclosed within a building.
[Amended by Ord. No. 2-2022, 7/20/2022]
B. No restaurant or similar use shall be conducted such as a drive-in
service establishment or refreshment stand (sometimes called a snack
bar, dairy bar, hamburger stand, or hot dog stand), where customers
and patrons are served food and/or drinks for immediate consumption
outside the building. All preparation, service and consumption of
food shall be within the building in which the business is conducted
except for food taken out for consumption off the premises.
C. Along each side or rear yard property line which directly abuts a Residence or Apartment District in the Township or a similar district in an adjoining municipality, a buffer planting strip as defined in §
27-201 of this chapter, not less than 15 feet in width shall be provided.
D. No permanent storage or merchandise, articles or equipment shall
be permitted outside of a building and no goods, articles or equipment
shall be stored, displayed or offered for sale beyond the front lines
of a building. No outdoor vending machine, self-service station or
similar use shall be allowed in any required yard abutting a street
or on a public sidewalk.
E. The off-street parking, off-street loading and special provisions
relating to highway frontage prescribed in Article 21 of this chapter
shall apply in Commercial Districts.
F. No use shall be permitted which is in violation of the prohibited
uses and performance standards in Article 21 of this chapter.
G. The greatest dimension in length or depth of a building shall not
exceed 160 feet.
H. A unified group of buildings may consist of separate uses permitted in §
27-1002 of this article provided all other requirements of this article are met.
8. The following provisions shall apply to medical marijuana dispensary operations in addition to any other provisions of this article, and Chapter
22 or Chapter
27 of the Township Code. In the event of a conflict between the terms of this subsection and Article
10, Chapter
22 or Chapter
27, the more restrictive provisions shall control.
[Added by Ord. No. 2-2018, 6/20/2018]
A. Medical marijuana dispensaries must be licensed by the Commonwealth
of Pennsylvania pursuant to the Pennsylvania Medical Marijuana Act
(Act of April 17, 2016 (P.L. 84, No. 16, 35 P.S. §§ 10231.101
through 10231.2110), as the same may be amended from time to time)
to dispense marijuana certified for medical use as legally prescribed
by the Medical Marijuana Act.
B. A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent and secure building which includes
electronic systems, electronic surveillance and other features required
by the Medical Marijuana Act.
C. The medical marijuana dispensary shall not operate any closer than
1,000 feet from a day-care facility or a public, private, or parochial
school or 250 feet from a recreation center or playground; nor shall
it be located within 1,000 feet of another medical marijuana dispensary.
Such distance shall be measured in a straight line from the closest
exterior wall of the building or portion of thereof in which the dispensary
application is located, to the closest property line of the protected
district or use, regardless of the municipality in which it is located.
D. A visual buffer planting screen with perimeter fencing is required
where a medical marijuana dispensary adjoins a residential use.
E. Loading and off-loading areas shall be conducted within the building
to the greatest extent possible.
F. Medical marijuana dispensaries shall not:
(1)
Have outdoor seating or waiting areas;
(2)
Conduct sales or business transactions outside of the building;
or
(3)
Allow the administering of, or the consumption of, medical marijuana
on the premises.
9. Notwithstanding anything in this Article
10 to the contrary, where the Board of Supervisors permits seasonal outdoor dining as a conditional use, compliance with the following minimum standards shall be demonstrated by the applicant, in addition to any general conditional use or other applicable requirements contained in the Township Zoning Code:
[Added by Ord. No. 2-2022, 7/20/2022]
A. Seasonal
outdoor dining areas shall be limited in size to no more than 25%
of the interior floor space of the restaurant used for table seating
for food service to patrons.
B. Seasonal outdoor dining areas shall not be located in a front yard. The minimum depth of any side or rear yard where a seasonal outdoor dining area is proposed to be located shall be equal to the minimum side or rear yard requirements as set forth in §
27-1003, except when such side or rear yard is immediately contiguous to a residential district, where the depth of such side or rear yard shall be equal to the largest side or rear yard setback requirements of such residential district.
C. Seasonal
outdoor dining areas shall be primarily for the service of and consumption
of food. Patrons of a seasonal outdoor dining area shall be required
to order a meal(s) from a pre-established menu as a prerequisite to
use of the seasonal outdoor dining area.
D. Seasonal
outdoor dining may also include the service of beverages (including
alcoholic beverages pursuant to a valid liquor license) to patrons
seated at tables and chairs arranged in an orderly fashion in a designated
area outside and physically adjoining the permitted restaurant building,
who are consuming a meal(s) as set forth in this subsection. There
shall be no beverage service of any kind without accompanying food
service. The number of tables and chairs for patrons shall be in accordance
with Township codes.
E. There
shall be no separate bar or bar facilities for the service of alcohol
or other beverages in the seasonal outdoor dining area. All such bar
and beverage facilities shall be located within the restaurant building.
In addition, all food preparation shall take place within the restaurant
building.
F. Access
to and from the seasonal outdoor dining area shall be exclusively
through the restaurant building, except in the event of an emergency.
Doors from the restaurant building to the seasonal outdoor dining
areas shall have a mechanism to automatically close the doors when
not in use.
G. A suitable
enclosure (i.e., wall or fence) shall be required to be constructed
around the perimeter of any seasonal outdoor dining area at a minimum
height of 48 inches. Such enclosure shall be constructed prior to
the use or occupancy of the seasonal outdoor dining area; provided,
however, that where a seasonal outdoor dining area abuts a residential
district, a landscape buffer creating a year-round, opaque buffer
shall be installed between the seasonal outdoor dining area and the
abutting residential district, in addition to the seasonal outdoor
dining area enclosure.
H. The
seasonal outdoor dining area may be covered, partially or fully, by
means of umbrellas, an awning, canopy or similar temporary all-weather
cover, but in no instance shall said area be covered or fully enclosed
in any fashion to permit year-round occupancy.
I. The
seasonal outdoor dining area may not be in use at any time from November
1 through April 1. During the period from April 2 to October 31:
(1) Patrons shall not be seated and food and beverages shall not be served
in the seasonal outdoor dining area after 9:00 p.m.; and
(2) The seasonal outdoor dining area shall be closed and vacated between
the hours of 11:00 p.m. and 8:30 a.m.
J. The
design and construction of the seasonal outdoor dining area shall
be compatible with the restaurant building and its landscaping features
as determined by the Board of Supervisors.
K. Minimum
security lighting shall be provided for all seasonal outdoor seating
areas. Decorative or accent lighting may be used, provided that canopy/awning
lighting is directed downward. Exposed neon tube lighting shall be
prohibited. All lighting shall otherwise comply with the Township
Zoning Code and Township Subdivision and Land Development Code.
L. Signs,
banners and other forms of display shall not be permitted on the exterior
of the seasonal outdoor dining area, but shall otherwise be permitted
in accordance with Township Zoning Code.
M. The
following shall be prohibited:
(1) Live or other forms of entertainment.
(2) Speakers or other sound amplification.
(3) Activities unrelated to seasonal outdoor dining, such as, but not
limited to, horseshoe pits, bocce ball courts and putting greens.
N. The
following shall be prohibited except as approved by the Township Board
of Supervisors as part of the conditional use process:
(1) Televisions and similar video displays with audible volume.
(2) Outdoor fireplaces, fountains and any other similar items and structures.
(3) Equipment and furniture other than as necessary for permitted food
and beverage service and consumption.