It is the intent of this article to provide for the establishment
of commercial districts which will facilitate the development and/or
maintenance of appropriate locations for the conduct of commercial
and service-oriented businesses in areas of Upper Darby Township which
are appropriate to meet the needs of the community and which are consistent
with the Township's Comprehensive Plan and supplemental detailed land
use plans. To this end, these regulations:
A.
Encourage
the development of a unique architectural complex of office and commercial
uses in the central business area;
B.
Ensure
that such establishments are protected from the intrusion of incompatible
uses;
C.
Protect
and maintain the values of property located within and adjacent to
commercial districts;
D.
Strengthen
the Township's tax base, employment base and the economic viability
of commercial areas;
E.
Encourage
a pattern of vehicular circulation and pedestrian access which will
minimize traffic congestion and hazards while promoting free pedestrian
movement.
The following lot, area and bulk standards shall be required
for every building or structure hereinafter erected, altered or used:
|
Table 5-1: Development Standards for Commercial Districts
| ||||
|---|---|---|---|---|
|
District
|
C-1
|
C-2
|
C-3
|
C-4
|
|
Minimum street frontage (feet)
|
20
|
50
|
20
|
35
|
|
Minimum front yard
(feet)
|
0
|
50
|
0
|
100
|
|
Minimum side yard
(feet)
|
0 for attached structures; otherwise, 15 feet minimum for each
side; 25 feet with a driveway
|
0 for attached structures; otherwise, 15 feet minimum for each
side, 25 feet with a driveway
|
0 for attached structures; otherwise, 5 feet minimum for each
side
|
20 feet each side
|
|
Minimum rear yard (feet)
|
15 feet; 25 feet when adjoining a residential district
|
20
|
10
|
20
|
|
Maximum building height (feet)
|
35
|
35
|
Minimum 2 stories; maximum 85 feet; up to 125 feet permitted with incentives provided in § 550-23G
|
35
|
|
Maximum impervious coverage
(percent)
|
80%
|
70%
|
100%
|
70%
|
|
Maximum building footprint (individual establishment) (square
feet)
|
20,000
|
NA
|
NA
|
NA
|
|
Other requirements
|
Groups of building, attached or detached, may not exceed 30,000
square feet total; groups of attached structures may not exceed 124
feet in length
|
NA
|
NA
|
NA
|
A.
Intent. The purpose of this section is to make provisions in appropriate
locations for convenience-type commercial and service uses primarily
to meet the needs of individuals living in the immediate neighborhood
of the C-1 Districts. The C-1 Traditional Neighborhood Commercial
District is a base zoning district meeting the criteria of Article
VII-A (Traditional Neighborhood Development) of the Pennsylvania Municipalities
Planning Code.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Special exception standards for drive-through facilities:
(a)
A site design plan for the use is required.
(b)
Only one drive-through lane shall be permitted.
(c)
Drive-through facilities are only permitted upon the preparation
and approval of a traffic impact study.
(d)
Stacking room for a minimum of five vehicles waiting to enter
the drive-through shall be provided as determined appropriate through
the site design review process.
(e)
Drive-through windows shall only be located on the side or rear
facade of a building.
(f)
The location of drive-through facilities shall not negatively
impact pedestrian circulation.
(4)
Outdoor dining. Outdoor dining is permitted as an accessory use to
a full-service sit-down restaurant only and subject to the following
requirements:
(a)
Outdoor furnishings are limited to tables, chairs, portable
heaters and umbrellas.
(b)
Outdoor furnishings shall be of quality materials, workmanship
and sturdy construction designed to withstand strong winds and rain
and to ensure the safety of patrons.
(c)
Outdoor furniture shall be stored inside the restaurant after
normal operating hours.
(d)
Planters, posts with ropes, or other removable enclosures, as
well as a reservation podium are encouraged and shall be used as a
way of defining the area occupied by the cafe.
(e)
Refuse facilities should be provided.
(f)
Advertising or promotional features shall be limited to umbrellas
and canopies.
(g)
Outdoor dining areas may not obstruct pedestrian traffic flow.
A minimum pathway of at least three feet free of obstacles shall be
maintained.[3]
[3]
Editor's Note: Former Subsection C(5), smoke shops/smoking
parlors, added 12-1-2021 by Ord.
No. 3106, which immediately followed, was repealed 7-10-2024 by Ord. No. 3155.
D.
Accessory use standards.
(2)
Video arcade and game room. A maximum of 10 coin-operated electronic
or mechanical games are permitted as an accessory use in one establishment
in addition to a coin-operated music machine (jukebox). Such devices
shall be located at least 10 feet from the exit.
(3)
Outdoor display.
(a)
Commercial uses may have temporary display areas for the sale
of goods or merchandise within front yards for the purpose of a sidewalk
sale, subject to regulation by all other applicable Township ordinances.
(b)
Outdoor display is intended to comprise representative samples
or examples of the goods and merchandise available for purchase, rather
than the entire stock of any item.
(c)
Displayed items shall not be permanently affixed in front yards.
(d)
Outdoor display areas shall not encroach upon any required parking
areas.
(e)
Outdoor display areas shall not exceed 50% of the required front
yard area.
E.
General design standards.
(1)
Pedestrian circulation.
(a)
The principal customer entrance of the principal building on
the site shall have direct access from the public sidewalk.
(b)
Where on-site off-street parking is provided, the following
standards shall apply:
[1]
Continuous internal pedestrian walkways, no less than five feet
in width, shall provide a direct link from the public sidewalk or
street right-of-way to the customer entrance of the principal building
on the site. Walkways shall also connect focal points of pedestrian
activity, such as, but not limited to, transit stops, street crossings,
and building and store entry points.
[2]
All internal pedestrian walkways and crosswalks shall be distinguished
from driving surfaces through the use of durable, low-maintenance
surface materials, such as pavers, bricks or scored concrete to enhance
pedestrian safety and comfort.
(2)
Refuse areas. All commercial uses shall provide for storage of refuse
either inside the building(s) or within an outdoor area enclosed by
walls or opaque fencing at least six feet and not more than 12 feet
high. Refuse shall be kept within one or more lidded container(s)
not to exceed six feet in height. All refuse areas shall meet the
following requirements:
(a)
The refuse area shall not interfere with circulation within
the parking lot.
(b)
The refuse area shall be shielded from direct view of any adjacent
property.
(c)
The refuse area shall be located at least 10 feet from any adjacent
nonresidential property line and 50 feet from any residential property
line or street right-of-way line.
A.
Intent. The purpose of this section is to make provisions in appropriate
locations for general business activities having a Township-wide or
larger trading area and to assure suitable design to protect the overall
character of the Township. The C-2 Traditional General Commercial
District is a base zoning district meeting the criteria of Article
VII-A (Traditional Neighborhood Development) of the Pennsylvania Municipalities
Planning Code.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Smoke shops. Smoke shops are permitted by special exception subject
to the following requirements:
[Added 12-1-2021 by Ord.
No. 3106; amended 7-10-2024 by Ord. No. 3155]
(a)
Smoke shops shall cease operations between the hours of 9:00
p.m. and 10:00 a.m.;
(b)
No alcoholic beverages shall be served or consumed on the premises;
(c)
Where located on a parcel within 300 feet of a residentially
zoned property or institutional use, the smoke shop must include a
planted buffer, privacy fence, and/or other sound or visual barrier
adequate to screen adjacent residential properties from any activities
on the premises to the satisfaction of the Zoning Hearing Board.
(d)
Tobacco products are prohibited from being sold to individuals
under 21 years of age;
(e)
Individuals under 21 years of age are prohibited from being
present in the smoke shop;
(f)
Applicant must submit professional elevations and floor plans
during submission of the business permit;
(g)
Applicant must comply with spot checks from Township staff;
and
(h)
Violations of these special exception requirements, or any other
federal or state law, statute, or regulation will result in loss of
a smoke shop's use and occupancy permit, and suspension of their special
exception status. A suspended special exception status may only be
reinstated by the Zoning Hearing Board upon petition.
D.
Accessory use standards.
(2)
Storage and warehousing. Storage and warehousing of goods and supplies
associated with a primary use is permitted at the same location, provided
that said warehousing and storage shall be conducted entirely within
an enclosed structure or screened in such a way that it is not visible
from the exterior of the property.
(3)
Outdoor dining. Outdoor dining is permitted as an accessory use to
a full-service sit-down restaurant only and subject to the following
requirements:
(a)
Outdoor furnishings are limited to tables, chairs, portable
heaters and umbrellas.
(b)
Outdoor furnishings shall be of quality materials, workmanship
and sturdy construction designed to withstand strong winds and rain
and to ensure the safety of patrons.
(c)
Outdoor furniture shall be stored inside the restaurant after
normal operating hours.
(d)
Planters, posts with ropes, or other removable enclosures, as
well as a reservation podium are encouraged and shall be used as a
way of defining the area occupied by the cafe.
(e)
Refuse facilities should be provided.
(f)
Advertising or promotional features shall be limited to umbrellas
and canopies.
(g)
Outdoor dining areas may not obstruct pedestrian traffic flow.
A minimum pathway of at least three feet free of obstacles shall be
maintained.
(4)
Outdoor storage. Outdoor storage of merchandise associated with a
primary use at the same location shall conform to the following standards:
(a)
No vehicles, equipment or merchandise shall be parked, stored
or displayed within the right-of-way of any street or any other areas
intended for pedestrian use.
(b)
Outdoor storage shall be permitted only to the rear of the buildings
and shall be set back at least 30 feet from property boundaries.
(c)
All storage areas shall be screened from public view by an opaque
fence or wall at least six feet high. Stored materials may not exceed
the heights of the fence.
(d)
A screening buffer at least 15 feet wide shall be provided along
side property lines and rear property lines of all adjacent properties.
(5)
Outdoor display. The following regulations shall apply to all outdoor
merchandise displays associated with a primary use:
(a)
The following types of commercial uses and no others may have
permanent display areas for equipment, goods or merchandise within
front yards, and all other commercial displays shall be only for the
purpose of a sidewalk sale, subject to regulation by all other applicable
Township ordinances:
(b)
Outdoor display is intended to comprise representative samples
or examples of the goods, merchandise or equipment available for purchase,
rather than the entire stock of any item.
(c)
Displayed items shall not be permanently affixed in front yards.
(d)
Outdoor display areas shall not encroach upon any required parking
areas.
(e)
Outdoor display areas shall not exceed 50% of the required front
yard area.
(f)
Outdoor display areas shall be considered to be sales floor
area for the purpose of computing parking requirements.
(6)
Video arcade and game room. A maximum of 10 coin-operated electronic
or mechanical games are permitted as an accessory use in one establishment
in addition to a coin-operated music machine (jukebox.) Such devices
shall be located at least 10 feet from the exit.
E.
Shopping center standards.
(1)
All shopping centers and other retail establishments with 100,000
square feet or more in gross floor area shall meet the following design
standards:
(a)
The tract of land to be developed or renovated/expanded shall
be located adjacent to and readily accessible from major regional
highways or arterial streets, as defined by the Pennsylvania Department
of Transportation's Roadway Functional Classification.
(b)
Any property with more than one building on the site shall have
a common and coherent architectural theme throughout the development.
(c)
Large buildings and shopping centers shall have clearly defined,
highly visible customer entrances for primary buildings, featuring
no less than three of the following: canopies or porticoes; overhangs;
recesses/projections; arcades; raised corniced parapets over the door;
peaked roof forms; arches; outdoor patios; and display windows.
(d)
Storefront landscaping shall be provided between the foundations
of buildings and driveways/parking areas. A minimum of 25% of the
area between the building foundation and driveways/parking areas shall
be landscaped.
(e)
A common use area shall be provided that will serve as a focal
point for the center and provide walkways, seating and landscaping.
Water features, courtyards, mini parks and plazas are encouraged.
The common use area shall meet the following requirements:
[1]
It shall generally be located between the street and the front
facade of the shopping center or large retail establishment building
and be located within 200 feet of this building.
[2]
It shall be equal to or greater in size than 5% of the gross
floor area of the shopping center or large retail establishment.
[3]
It shall be directly connected to the sidewalk in front of the
shopping center or large retail establishment, without intervening
driveways or streets.
[4]
It shall consist of one contiguous area, and the shape and location
of the common use area shall be approved by the Township.
[5]
It shall be improved with a gazebo, pavilion, clock tower, or
paved patio area with a fountain to help identify this area as the
central gathering place for the development.
[6]
This improvement shall be a minimum of 300 square feet in size.
[7]
It shall contain shade trees, ornamental plantings and seating.
(f)
Satellite facilities. Satellite facilities must comply with
the following requirements:
[1]
Except for satellite facilities which involve the handling of food, all storage areas must be indoors and included in the facility. Satellite facilities involving the handling of food may have outside storage facilities for refuse only, which must comply with the design requirements of Subsection F(6) herein.
[2]
Satellite facilities must comply with the same landscaping requirements
as the main structure or structures.
[3]
Parking and access for satellite facilities must comply with
the requirements for the entire center and shall not interfere with
the scheme established for vehicular and pedestrian circulation and
safety for the overall shopping center parking area.
(2)
Traffic impact study. All shopping centers and other retail establishments
with 100,000 square feet or more in gross floor area shall be accompanied
by a traffic impact study demonstrating the manner in which projected
traffic flows will be accommodated, and the proposed road improvements,
if any, to be undertaken in conjunction with development, redevelopment
or expansion of the site. The traffic impact study shall be prepared
by a professional traffic engineer or transportation planner and shall
include the following elements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Identification of traffic impact area. The traffic impact area
shall be determined by the characteristics of the surrounding areas
as mutually agreed upon by the Township's Engineer and the transportation
engineer preparing the analysis.
(b)
Existing peak-hour traffic volume data for all roads located within the traffic impact area identified in Subsection E(2)(a) above.
(c)
Estimates of the total number of vehicle trips to be generated
by the proposed development for typical a.m. and p.m. peak periods.
(e)
The directional distribution of site-generated trips to and
from the approach roads surrounding the proposed development.
(f)
Projected peak-hour turning movement data for all access points
proposed for the development.
(g)
Capacity/level of service (LOS) analysis of existing and future
traffic on major intersections contained in the identified study which
will be impacted by the additional volumes generated by the proposed
development.
(h)
Prior to approval of proposed development, the LOS analysis
shall demonstrate:
[1]
The proposed development does not cause the overall level of
service for any signalized intersection located within the traffic
impact area to fall below the existing LOS or LOS D, whichever is
lower; and
[2]
The traffic impact study shall identify those improvements needed
to maintain the existing level of service and what additional improvements
would be needed to raise the level of service to the standards indicated.
(i)
Data about existing accident levels at these intersections,
categorized by accident type for each intersection.
(j)
A determination based on accident data and traffic volume information
as to the need for traffic control signalization.
(k)
A determination of pedestrian traffic, based on the site's location
to other pedestrian trails or amenities, including, but not limited
to, places of employment, recreation or commercial uses, and a description
of what improvements might be needed to facilitate pedestrian circulation
in light of other traffic and circulation issues.
(l)
Cost estimates of any proposed improvements that will be required.
(m)
Descriptions of existing and planned public transportation services
in the Township and the potential to serve the proposed subdivision
or land development.
(n)
Descriptions of any actions proposed or offered by the applicant
to alleviate any burdens caused by the impact of the proposed subdivision
or land development on the transportation network.
(o)
Written text to interpret the information and data presented
in terms of the aforementioned objectives.
(p)
The Township Engineer shall review the results of the local
traffic impact study, then submit it along with written recommendations
to the Township Council before Council makes a decision regarding
the development plan.
F.
General design standards.
(1)
Drive-through facilities.
(a)
Drive-through facilities for permitted commercial uses shall
provide room for at least five automobiles for each stacking lane.
(b)
Stacking lanes shall be maintained in such a manner so as not
to interfere with the safe movement of on- and off-site vehicular
and pedestrian traffic.
(c)
Drive-through windows shall face the rear or side yard of the
site. Drive-through windows shall not face a public street.
(2)
Car washes.
(a)
All automated washing and drying facilities shall be located
entirely within an enclosed and roofed building.
(b)
Automatic car wash facilities shall provide sufficient on-site
stacking lanes to accommodate a minimum of 10 automobiles for the
first washing bay on site and two automobiles for each additional
washing bay on the site.
(c)
Self-service car wash facilities shall provide sufficient on-site
stacking lanes to accommodate a minimum of four automobiles for the
first washing bay on the site and one automobile for each additional
washing bay on the site.
(d)
Car wash facilities shall contain on-site drainage systems designed
to prevent water runoff and freezing on streets and adjoining properties.
(3)
Oil change and lube facilities.
(4)
Gas stations and other facilities with fuel pumps.
(a)
All activities except those to be performed at the fuel or air
pumps are performed within a completely enclosed building.
(b)
The minimum setback of pump islands shall be 50 feet from street
rights-of-way, 80 feet from residential property lines, and 30 feet
from all other property lines.
(c)
The fuel pump area shall not interfere with parking spaces or
internal circulation. In developments with multiple uses, the fuel
pump area shall be separated from the parking and internal circulation
of other uses.
(d)
Body repairs and/or painting shall not be permitted.
(e)
Canopies shall meet the following requirements:
[1]
Canopies shall be set back at least 15 feet from property lines
and right-of-way lines and 50 feet from abutting residentially zoned
properties.
[2]
Canopies shall have a maximum height of 16 feet measured to
the underside of the canopy. For slanted canopies, this sixteen-foot
maximum can be measured at the portion of the canopy closest to the
street.
[3]
Lighting for canopies shall be recessed so that the bottom of
the lighting fixture is flush with the underside of the canopy, using
a full-cutoff flat-lens luminaire.
[4]
Canopies shall be designed to be architecturally compatible
with structures in the same development.
(5)
Pedestrian circulation.
(a)
Continuous internal pedestrian walkways, no less than five feet
in width, shall provide a direct link from the public sidewalk or
street right-of-way to the principal customer entrance of all principal
retail establishments on the site. Walkways shall also connect focal
points of pedestrian activity, such as, but not limited to, transit
stops, street crossings, and building and store entry points.
(b)
Unobstructed sidewalks, no less than six feet in width, shall
be provided along the full length of the building along any facade
featuring a customer entrance and along any facade abutting public
parking areas. Along facades with building entrances, the required
six-foot-wide sidewalk area shall be set back from the facade by a
three-foot area that either contains planting beds or additional sidewalk
width.
(c)
All internal pedestrian walkways and crosswalks shall be distinguished
from driving surfaces through the use of durable, low-maintenance
surface materials, such as pavers, bricks or scored concrete, to enhance
pedestrian safety and comfort.
(6)
Refuse areas. All commercial uses shall provide for storage of refuse
either inside the building(s) or within an outdoor area enclosed by
walls or opaque fencing at least six feet and not more than 12 feet
high. Refuse shall be kept within one or more lidded container(s)
not to exceed six feet in height. All refuse areas shall meet the
following requirements:
(a)
The refuse area shall not interfere with circulation within
the parking lot.
(b)
The refuse area shall be shielded from direct view of any adjacent
property.
(c)
The refuse area shall be located at least 10 feet from any adjacent
nonresidential property line and 50 feet from any residential property
line or street right-of-way line.
A.
Intent. The purpose of this section is to encourage development that
is compatible with the historical character and scale of the Traditional
Downtown Business District with respect to uses, building dimensions,
building design and functions and to encourage development/redevelopment
of existing buildings and properties for mixed uses, including office,
retail, residential and service uses. The C-3 Traditional Downtown
Business District is a base zoning district meeting the criteria of
Article VII-A (Traditional Neighborhood Development) of the Pennsylvania
Municipalities Planning Code.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Special exception standards for drive-through facilities:
(a)
A site design plan for the use is required.
(b)
Only one drive-through lane shall be permitted.
(c)
Drive-through facilities are only permitted upon the preparation
and approval of a traffic impact study.
(d)
Sufficient stacking room for vehicles waiting to enter the drive-through
shall be provided, as determined appropriate through the site design
review process.
(e)
Drive-through windows shall only be located on the side or rear
facade of a building.
(f)
The location of drive-through facilities shall not negatively
impact pedestrian circulation.
(4)
Subject to the general standards set forth in § 550-54J of this chapter and the specific standards set forth below, the following uses shall be permitted as special exceptions in the C-3 Zoning District when authorized by the Upper Darby Zoning Hearing Board:
[Added 4-19-2017 by Ord.
No. 3038]
(a)
Medical marijuana dispensary. A medical marijuana dispensary
shall be permitted as a special exception in the C-3 Zoning District.
A medical marijuana dispensary shall meet the following specific criteria
to receive approval as a special exception from the Zoning Hearing
Board:
[2]
Permitted hours of operation of a dispensary facility shall
be 8:00 a.m. to 8:00 p.m., daily;
[3]
One-third of the gross square feet of a dispensary facility
shall be dedicated for secure storage of medical marijuana;
[4]
A dispensary facility shall not have any of the following: drive-through
service, an outdoor seating area, outdoor vending machines;
[5]
A dispensary facility shall not be located within 1,000 feet
of any public, private and parochial schools and day-care centers.
This distance shall be measured in a straight line from the closest
exterior wall of the building or portion thereof in which the dispensary
is located to the closest property line of the protected district
or use, regardless of the municipality in which it is located; and
[Amended 6-21-2017 by Ord. No. 3040]
[6]
A dispensary facility shall be a minimum distance of 1,000 feet
from the next nearest medical marijuana dispensary facility.
(b)
Cigar lounge. A cigar lounge shall be permitted as a special
exception in the C-3 Traditional Downtown Business District. A cigar
lounge shall meet the following specific criteria and requirements
to receive approval as a special exception from the Zoning Hearing
Board:
[Amended 12-1-2021 by Ord. No. 3106; 7-10-2024 by Ord. No. 3155]
[1]
Cigar lounges shall cease operations between the hours of 2:00
a.m. and 10:00 a.m.; provided, however, any cigar lounge located within
300 feet of a residential zoned property must cease operations between
11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially
zoned property or institutional use, the cigar lounge must include
a planted buffer, privacy fence, and/or other sound or visual barrier
adequate to screen adjacent residential properties from any activities
on the premises to the satisfaction of the Zoning Hearing Board.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Cigar lounges must be located at least 500 feet from any other
cigar lounge.
[5]
No alcoholic beverages shall be sold, served or consumed on
the premises of a cigar lounge.
[6]
The consumption of cannabis or cannabis derived substances is
prohibited within the premises of a cigar lounge.
[7]
Tobacco products are prohibited from being sold to individuals
under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being
present in a cigar lounge.
[9]
Violations of these special exception requirements, or any other
federal or state law, statute, or regulation will result in loss of
a cigar lounge's use and occupancy permit, and suspension of
the special exception status. A suspended special exception status
may only be reinstated by the Zoning Hearing Board upon petition.
(c)
Hookah bar. A hookah bar shall be permitted as a special exception
in the C-3 Traditional Downtown Business District. A hookah bar shall
meet the following specific criteria and requirements to receive approval
as a special exception from the Zoning Hearing Board:
[Added 12-1-2021 by Ord.
No. 3106; amended 7-10-2024 by Ord. No. 3155]
[1]
Hookah bars shall cease operations between the hours of 2:00
a.m. and 10:00 a.m.; provided, however, any hookah bar located within
300 feet of a residential zoned property must cease operations between
11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially
zoned property or institutional use, the smoke shop/smoking parlor
must include a planted buffer, privacy fence, and/or other sound or
visual barrier adequate to screen adjacent residential properties
from any activities on the premises to the satisfaction of the Zoning
Hearing Board.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Hookah bars must be located at least 500 feet from any other
hookah bar.
[5]
No alcoholic beverages shall be sold, served or consumed on
the premises of a hookah bar.
[6]
The consumption of cannabis or cannabis derived substances is
prohibited within the premises of a hookah bar.
[7]
Tobacco products are prohibited from being sold to individuals
under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being
present in a hookah bar.
[9]
Violations of these special exception requirements, or any other
federal or state law, statute, or regulation will result in loss of
a hookah bar's use and occupancy permit, and suspension of the
special exception status. A suspended special exception status may
only be reinstated by the Zoning Hearing Board upon petition.
D.
Accessory use standards.
(1)
Outdoor dining. Outdoor dining is permitted as an accessory use to
a full-service sit-down restaurant only and subject to the following
requirements:
(a)
Outdoor furnishings are limited to tables, chairs, portable
heaters and umbrellas.
(b)
Outdoor furnishings shall be of quality materials, workmanship
and sturdy construction designed to withstand strong winds and rain
and to ensure the safety of patrons.
(c)
Outdoor furniture shall be stored inside the restaurant after
normal operating hours.
(d)
Planters, posts with ropes, or other removable enclosures, as
well as a reservation podium are encouraged and shall be used as a
way of defining the area occupied by the cafe.
(e)
Refuse facilities should be provided.
(f)
Advertising or promotional features shall be limited to umbrellas
and canopies.
(g)
Outdoor dining areas may not obstruct pedestrian traffic flow.
A minimum pathway of at least three feet free of obstacles shall be
maintained.
(2)
Outdoor display.
(a)
Commercial uses may have temporary display areas for the sale
of goods or merchandise within front yards for the purpose of a sidewalk
sale, subject to regulation by all other applicable Township ordinances.
(b)
Outdoor display is intended to comprise representative samples
or examples of the goods and merchandise available for purchase, rather
than the entire stock of any item.
(c)
Displayed items shall not be permanently affixed in front yards.
(d)
Outdoor display areas shall not encroach upon any required parking
areas.
(e)
Outdoor display areas shall not exceed 50% of the required front
yard area.
E.
General design standards.
(1)
Pedestrian circulation.
(a)
The principal customer entrance of the principal building on
the site shall have direct access from the public sidewalk.
(b)
Where on-site off-street parking is provided, the following
standards shall apply:
[1]
Continuous internal pedestrian walkways, no less than five feet
in width, shall provide a direct link from the public sidewalk or
street right-of-way to the customer entrance of the principal building
on the site. Walkways shall also connect focal points of pedestrian
activity, such as, but not limited to, transit stops, street crossings,
and building and store entry points.
[2]
All internal pedestrian walkways and crosswalks shall be distinguished
from driving surfaces through the use of durable, low-maintenance
surface materials, such as pavers, bricks or scored concrete, to enhance
pedestrian safety and comfort.
(2)
Refuse areas. All commercial uses shall provide for storage of refuse
either inside the building(s) or within an outdoor area enclosed by
walls or opaque fencing at least six feet and not more than 12 feet
high. Refuse shall be kept within one or more lidded container(s)
not to exceed six feet in height. All refuse areas shall meet the
following requirements:
F.
Residential uses. Multifamily dwellings, as indicated in Article III, Table of Permitted Uses, are the only permitted residential use in the C-3 District. A permitted commercial use, as indicated in Article III, Table of Permitted Uses, must occupy the entire first floor of all multifamily buildings located in the C-3 District.
G.
Development incentives.
(1)
Height bonus. Projects in the C-3 District shall qualify for a maximum
of 40 feet of additional building height in exchange for a combination
of the bonus features listed in Table 5-2.
|
Table 5-2: Building Height Bonus Features
| |||
|---|---|---|---|
|
Bonus Feature
|
Bonus Feature Standard
|
Bonus Height
| |
|
Preservation of a historic structure or facade on the development
site
|
Must follow the Secretary of the Interior's Standards for Rehabilitation
|
20 feet
| |
|
Public plaza, square or courtyard
|
Minimum 250 square feet;
Shall be located where it is visible and accessible from either
a public sidewalk or pedestrian connection;
30% of the area shall be landscaped with trees, shrubs, and
mixed plantings with year-round interest;
1 seating space is required for each 30 square feet of public
area;
Shall not be used for parking, loading, or vehicular access
(excluding emergency vehicle access)
|
10 feet
| |
|
Replacement of existing nonconforming signage
|
Where applicable; shall include approved permitted signage consistent with Article IX herein
|
10 feet
| |
|
Provision of streetscape amenities
|
Qualifying amenities shall meet the Township's approved specifications:
|
Combine 3 amenities to obtain 10 feet of bonus height
| |
|
Bicycle parking rack (must accommodate a minimum of 5 bicycles)
Decorative streetlighting
Bus shelter for existing bus stop located within 500 feet of
the property
Landscaped planters
Other amenity that meets the legislative intent of this article
and as approved by Township Council
| |||
|
Structured parking
|
Structured parking is provided within the building footprint;
a minimum of 50% of the provided parking spaces shall be available
to the public
|
20 feet
| |
|
Green roof
|
The green roof shall cover at least 70% of the net roof area
(the total gross area minus areas covered by mechanical equipment).
Green roofs shall be designed and installed under the direction of
a professional with demonstrated expertise in green roof design and
construction. Vegetation must be maintained for the life of the building.
The green roof shall conform to the best available technology standards,
such as those published by LEED (Leadership in Energy and Environmental
Design)
|
10 feet
| |
|
Alternative energy sources
|
Install a solar, wind or geothermal power generation facility
that is designed to provide at least 15% of the expected annual energy
use for the building; the facility shall be designed and installed
under the direction of a professional with demonstrated expertise
in the design and construction of such facilities
|
10 feet
| |
|
Green building design
|
The applicant must submit a letter of intent that communicates
its commitment to achieve a LEED-NC or EB Silver Rating or similar
standard on its building
Within 90 days of receiving the final certificate of occupancy,
the applicant must submit documentation that demonstrates achievement
of a LEED Silver Rating or similar standard
|
20 feet
| |
A.
Intent. It is the purpose of this District to make special provisions
for office, research and light industrial development in appropriate
areas of the Township. The commercial-industrial classification is
designed: (1) to provide a compatible environment for commercial and
industrial development; and (2) to strengthen and diversify the Township's
property tax base. All uses must be in accordance with all Township,
county, state and federal requirements.
B.
Permitted uses. A list of permitted uses is provided in Article III, § 550-8, Table of Permitted Uses.[1]
(1)
A medical marijuana dispensary as defined in this chapter and as
permitted and regulated by the Department of Health of the Commonwealth
of Pennsylvania.
[Added 4-19-2017 by Ord.
No. 3038]
(a)
A medical marijuana dispensary facility shall not be located
within 1,000 feet of any public, private and parochial schools and
day-care centers. This distance shall be measured in a straight line
from the closest exterior wall of the building or portion thereof
in which the dispensary is located, to the closest property line of
the protected district or use, regardless of the municipality in which
it is located.
[Amended 6-21-2017 by Ord. No. 3040]
(b)
A medical marijuana dispensary facility shall be a minimum distance
of 1,000 feet from the next nearest medical marijuana dispensary facility.
(2)
A medical marijuana grower/processer as defined in this chapter and
as permitted and regulated by the Department of Health of the Commonwealth
of Pennsylvania.
[Added 4-19-2017 by Ord.
No. 3038]
(a)
A medical marijuana grower/processor facility shall not be located
within 1,000 feet of any public, private and parochial schools and
day-care centers. This distance shall be measured in a straight line
from the closest exterior wall of the building or portion thereof
in which the dispensary is located, to the closest property line of
the protected district or use, regardless of the municipality in which
it is located.
[Amended 6-21-2017 by Ord. No. 3040]
(b)
A medical marijuana grower/processor facility shall be a minimum
distance of 1,000 feet from the next nearest medical marijuana grower/processor
facility.
[1]
Editor's Note: The Table of Permitted Uses is an attachment
to this chapter.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Subject to the general standards set forth in § 550-54J of this chapter and the specific standards set forth below, the following uses shall be permitted as special exceptions in the C-4 Commercial Industrial Zoning District when authorized by the Upper Darby Zoning Hearing Board:
[Added 4-19-2017 by Ord.
No. 3038; amended 12-1-2021 by Ord. No. 3106]
(a)
Smoke shops. Smoke shops shall be permitted as a special exception
in the C-4 Zoning District. A smoke shop shall meet the following
specific criteria and requirements to receive special exception approval:
[Amended 7-10-2024 by Ord. No. 3155]
[1]
Smoke shops shall cease operations between the hours of 9:00
p.m. and 10:00 a.m.
[2]
No alcoholic beverages shall be served or consumed on the premises;
[3]
Where located on a parcel within 300 feet of a residentially
zoned property or institutional use, the smoke shop must include a
planted buffer, privacy fence, and/or other sound or visual barrier
adequate to screen adjacent residential properties from any activities
on the premises to the satisfaction of the Zoning Hearing Board;
[4]
Tobacco products are prohibited from being sold to individuals
under 21 years of age;
[5]
Individuals under 21 years of age are prohibited from being
present in the smoke shop;
[6]
Applicant must submit professional elevations and floor plans
during submission of the business permit;
[7]
Applicant must comply with spot checks from Township staff;
and,
[8]
Violations of these special exception requirements, or any other
federal or state law, statute, or regulation will result in loss of
a smoke shop's use and occupancy permit, and suspension of the
special exception status. A suspended special exception status may
only be reinstated by the Zoning Hearing Board upon petition.
(b)
Hookah bar. A hookah bar shall be permitted as a special exception
in the C-4 Traditional Downtown Business District. A hookah bar shall
meet the following specific criteria and requirements to receive special
exception approval:
[Amended 7-10-2024 by Ord. No. 3155]
[1]
Hookah bars shall cease operations between the hours of 2:00
a.m. and 10:00 a.m.; provided, however, that operations of any hookah
bar located within 300 feet of a residential zoned property must cease
operations between 11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially
zoned property, the hookah bar must include a planted buffer, privacy
fence, and/or other sound or visual barrier adequate to screen adjacent
residential properties from any activities on the premises and prevent
the discernable transfer of smoke onto a residential property.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Hookah bars must be located at least 500 feet from any other
hookah bar.
[5]
No alcoholic beverages shall be sold, served or consumed on
the premises of a hookah bar.
[6]
The consumption of cannabis or cannabis derived substances is
prohibited within the premises of a hookah bar.
[7]
Tobacco products are prohibited from being sold to individuals
under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being
present in a hookah bar.
[9]
Violations of these special exception requirements, or any other
federal or state law, statute, or regulation will result in loss of
a hookah bar's use and occupancy permit, and suspension of the
special exception status. A suspended special exception status may
only be reinstated by the Zoning Hearing Board upon petition.
(c)
Cigar lounge. A cigar lounge shall be permitted as a special exception
in the C-4 Commercial-Industrial District. A cigar lounge shall meet
the following specific criteria and requirements to receive approval
as a special exception from the Zoning Hearing Board:
[Added 7-10-2024 by Ord. No. 3155]
[1]
Cigar lounges shall cease operations between the hours of 2:00
a.m. and 10:00 a.m.; provided, however, any cigar lounge located within
300 feet of a residential zoned property must cease operations between
11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially
zoned property or institutional use, the cigar lounge must include
a planted buffer, privacy fence, and/or other sound or visual barrier
adequate to screen adjacent residential properties from any activities
on the premises to the satisfaction of the Zoning Hearing Board.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Cigar lounges must be located at least 500 feet from any other
cigar lounge.
[5]
No alcoholic beverages shall be sold, served or consumed on
the premises of a cigar lounge.
[6]
The consumption of cannabis or cannabis derived substances is
prohibited within the premises of a cigar lounge.
[7]
Tobacco Products are prohibited from being sold to individuals
under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being
present in a cigar lounge.
[9]
Violations of these special exception requirements, or any other
federal or state law, statute, or regulation will result in loss of
a cigar lounge's use and occupancy permit, and suspension of
the special exception status. A suspended special exception status
may only be reinstated by the Zoning Hearing Board upon petition.
