Township of New Garden, PA C/I Commercial-Industrial District

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Article IX C/I Commercial-Industrial District

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§ 200-43 Statement of intent.

§ 200-44 District location criteria.

§ 200-45 Use regulations.

§ 200-46 Area and bulk regulations.

§ 200-47 Design standards.

§ 200-48 Performance standards.

§ 200-43 Statement of intent.

In addition to the general goals listed in the statement of purpose and community development objectives in Article I, the C/I Commercial/Industrial District is established to:

Designate an area within the Township for modern, well-planned commercial and industrial uses;

Promote land use compatibility with existing commercial and industrial development; and

Accommodate future commercial and industrial uses in an area suitable for such development.

§ 200-44 District location criteria.

In addition to fulfilling the Intent of this District, the C/I Commercial-Industrial District shall be located or expanded to areas that:

Comply with the recommendations outlined in the New Garden Township Comprehensive Plan, Future Land Use Plan;

Possess infrastructure capable of supporting future commercial and industrial development;

Have sufficient access to arterial and major collector roads; and

Limit the intrusion upon and disruption to residential and agricultural areas of the Township.

§ 200-45 Use regulations.

Uses by right. In any C/I District a building shall be erected, altered, or used, and a lot or premises shall be used, by right, for any one of the following purposes and for no other:

(1)

Research laboratory.

(2)

Executive, administrative or professional office building.

(3)

Office for lawyer, realtor, architect, engineer, tax consultant, and similar professional business; office for industrial and trade union, credit union and commercial and civic organization, and doctor.

(4)

Office of nonprofit organization, social and fraternal association, political and religious organization.

(5)

Business office for public utility, transportation, advertising, insurance, executive and administrative offices of commercial and industrial establishments.

(6)

Educational instruction and commercial school.

(7)

Retail store and personal service shop.

(8)

Automotive and farm equipment sales and service.

(9)

Special trade contractor and building material wholesale, providing that all material and storage area completely enclosed within a building or similar shelter, or screened from view of adjacent properties.

(10)

Public and private recreational use.

(11)

New Garden Township municipal use.

(12)

Financial institution.

[Added 10-24-2011 by Ord. No. 188[1]]

[1]

Editor's Note: Former Subsection A(12), regarding uses permitted by right in the H/C Highway Commercial District, was repealed 11-9-2009 by Ord. No. 185.

(13)

Day-care facility, in accordance with § 200-121.

[Added 10-24-2011 by Ord. No. 188[2]]

[2]

Editor's Note: Former Subsection A(13), regarding uses permitted by right in the C/I-2 Limited Commercial/Industrial District, was repealed 11-9-2009 by Ord. No. 185.

(14)

Accessory use. The following accessory uses, incidental to any of the above permitted uses, shall be allowed.

(a)

The use of a truck trailer as a storage unit shall be considered a building or structure and must comply with all setback, building coverage and lot requirements. The use of a truck trailer for storage shall require a use permit.

(b)

Renewable energy facility in accordance with the provisions of § 200-127.

[Added 10-24-2011 by Ord. No. 189]

(c)

Only customary activities accessory to the principal use are permitted.

[Added 8-18-2014 by Ord. No. 213]

(15)

Medical clinic.

[Added 11-12-2007 by Ord. No. 175]

(a)

Minimum lot size: five acres.

(16)

Hotel.

[Added 11-12-2007 by Ord. No. 175]

(a)

Minimum lot size: three acres.

(17)

Self-storage facility.

[Added 10-24-2011 by Ord. No. 188]

(18)

Distribution facility.

[Added 10-24-2011 by Ord. No. 188]

(19)

Wholesale sales.[3]

[Added 10-24-2011 by Ord. No. 188]

[3]

Editor's Note: Former Subsection A(20), regarding nonretail commercial activities, added 10-24-2011 by Ord. No. 188, which subsection immediately followed, was repealed 8-18-2014 by Ord. No. 213.

(20)

Restaurant without drive-through.

[Added 4-25-2016 by Ord. No. 217]

Uses by special exception. Only one of the following uses may be permitted per lot as a special exception in the Commercial/Industrial Zoning District (C/I) when authorized by the Zoning Hearing Board, subject to the standards of this section and Article XX of this chapter:

[Amended 8-13-2001 by Ord. No. 142]

(1)

Radio, television, communication, microwave or similar transmission tower, or radio or television broadcasting stations, transmitters and/or similar devices, if it is of any type requiring licensing by the Federal Communications Commission, in accordance with Article XVII of this chapter and the following additional criteria:

(a)

The height of any proposed tower shall be authorized solely by the Board of Supervisors in accordance with the health, safety, and welfare of the Township.

(b)

Any tower within the Commercial-Industrial District shall be strictly regulated by Article XVII, § 200-119, of this chapter.

[Amended 4-25-2016 by Ord. No. 217]

(2)

Gasoline service stations, provided all gasoline pumps and service facilities are set back at least 30 feet from all right-of-way lines.

(3)

Restaurants with drive-through.

[Amended 4-25-2016 by Ord. No. 217]

(4)

Motels.

[Amended 11-12-2007 by Ord. No. 175]

(5)

Hospitals, convalescent homes, sanatoriums, or rehabilitation centers.

(6)

(Reserved)[4]

[4]

Editor's Note: Former Subsection B(6), regarding uses permitted by special exception in the H/C Highway Commercial District, was repealed 11-9-2009 by Ord. No. 185.

(7)

Adult entertainment use in accordance with § 200-116.

(8)

Solar energy facility with an array area greater than 1,000 square feet, in accordance with the provisions of § 200-127.

[Added 10-24-2011 by Ord. No. 189]

(9)

Restaurant: take-out only with drive-through.

[Amended 4-25-2016 by Ord. No. 217]

Conditional uses. Only one of the following uses may be permitted per lot in the Commercial-Industrial Zoning District (C/I) when approved by the Board of Supervisors as a conditional use subject to the standards of this section and Article XIX of this chapter:

[Amended 8-13-2001 by Ord. No. 142]

(1)

Junkyards in accordance with § 200-125.

(2)

Solid waste transfer stations or incinerators subject to the regulations in § 200-135.

(3)

Manufacturing, processing, or assembling plants, including, but not limited to the following:

(a)

Biological or organic products, drugs, medicinal chemicals and pharmaceutical compounding or preparation.

(b)

Electrical machinery, equipment and supplies, electronic components and accessories.

(c)

Professional, scientific and controlling instruments, photographic and optical goods.

(d)

Milk or soft drink bottling establishment.

(4)

Planned commercial development, as defined in this chapter, in accordance with the terms of this article and all other applicable provisions of this chapter. In addition, the following minimum requirements shall apply:

[Added 11-9-2009 by Ord. No. 185]

(a)

Only those uses permitted as uses by right in § 200-45A shall be permitted within a planned commercial development.

(b)

The planned commercial development must be served by a public or community water supply.

(c)

The planned commercial development must be served by a public or community sewage treatment system.

(d)

Each tract shall meet the following requirements:

[1]

A minimum net tract area of 10 acres.

[2]

The minimum width of the tract, measured at the existing street right-of-way line abutting the tract to be developed, shall be 400 feet.

[3]

The tract coverage, after development, shall not exceed 65%.

[4]

The minimum front yard setback shall be 75 feet.

[5]

The minimum side and rear yard setbacks shall be 50 feet.

(e)

A planned commercial development shall comply with the design standards contained in Article XVI of this chapter.

(5)

Any other use of the same general character determined by the Zoning Officer to meet the statement of intent and location criteria of this District.

[Added 1-22-2013 by Ord. No. 193]

(6)

Any lawful use not otherwise permitted in the Township.

[Added 1-22-2013 by Ord. No. 193]

(7)

Public utility facility subject to the standards in § 200-135.1.

§ 200-46 Area and bulk regulations.

Unless otherwise regulated, the following area and bulk regulations shall apply to all uses permitted in the C/I Commercial/Industrial District:

Minimum lot size.

(1)

By right uses with public water and sewer: 20,000 square feet.

(2)

By right uses with on-site water and sewer: one acre for every EDU.

(3)

Uses permitted as conditional use or special exception: one acre minimum.

Minimum setbacks.

(1)

Front yard. One hundred feet measured from the ultimate or legal right-of-way line, with no off-street parking permitted within 50 feet of the ultimate or legal right-of-way line. Further, loading dock areas shall not be permitted anywhere within the front yard area.

[Amended 8-13-2001 by Ord. No. 142; 11-12-2007 by Ord. No. 175]

(2)

Side yards. On each lot there shall be two side yards no less than 15 feet each.

(3)

Rear yard: 30 feet.

Maximum building height: 40 feet.

Maximum building coverage: 50%.

Maximum lot coverage: 65%.

The following minimum lot width standards shall apply. Lot width shall be measured at the building setback line and street right-of-way line.

(1)

Eighty feet when lot is accessed from a local road.

(2)