[Amended 9-14-2000 by Ord. No. 00-3; 9-8-2005 by Ord. No. 05-08; 12-8-2005 by Ord. No. 05-09; 3-8-2007 by Ord. No. 2007-04; 1-14-2010 by Ord. No. 2010-01; 4-7-2011 by Ord. No. 2011-01a; 8-10-2017 by Ord. No. 2017-01]
The following is an expansion of the declaration of legislative intent contained in Article I, § 285-2, of this chapter and the community development objectives contained in Article I, § 285-3, of this chapter. It is the intent of the CB - Commercial Business Districts to establish standards for the orderly and well planned establishment of commercial facilities. Further, it is the intent of this article to:
A. 
Allow commercial facilities that meet the shopping and personal service needs of Township residents.
B. 
Establish regulations that minimize conflicts between commercial facilities and adjacent residential and institutional properties.
C. 
Provide for ample parking in commercial developments.
D. 
Establish regulations that minimize congestion and hazardous traffic conditions resulting from commercial development.
E. 
Locate commercial facilities in the village cores of the Township, near areas where higher density residential uses are permitted.
A building or group of buildings may be erected or used, and a lot may be used or occupied, for any of the following uses, or a use of a similar character:
A. 
Retail establishments for the sale of dry goods, variety merchandise, clothing, food, beverages, flowers, plants, drugs, hardware, books, furnishings, sale and repair of jewelry, optical goods, cameras and home appliances and similar uses.
B. 
Personal service shop.
C. 
Business or professional office; bank and financial institution.
D. 
Restaurant.
E. 
Indoor theater, indoor entertainment and recreation facilities.
F. 
Notary, undertaking or funeral establishment.
G. 
Post office.
H. 
Hotel, motel, inn, bed-and-breakfast establishment.
I. 
Emergency service facilities, including ambulance, police and firehouses.
J. 
Shopping centers. Shopping centers are subject to the provisions of § 285-153 of this chapter. For the purposes of this chapter, "shopping centers" are defined as retail commercial areas with more than one use and over 30,000 square feet of building area, subject to the maximum building requirements in § 285-152 of this chapter.
K. 
Off-premises signs.
L. 
Apartments, not to exceed two, in buildings housing any of the uses permitted in this § 285-151.
The following may be permitted by conditional use by the Board of Supervisors after review and recommendation from the Upper Frederick Township Planning Commission, subject to the provisions of §§ 285-61 and 285-157.1:
A. 
Self-service storage facilities (miniwarehouses); wholesale, warehouse, storage or distribution center, or other similar uses.
B. 
Offices, shops and storage for building, plumbing, electrical or other contractors or suppliers.
C. 
Medical office.
D. 
Agriculture, including associated buildings.
E. 
Animal hospital.
F. 
Minor automotive repair.
G. 
Government use, such as a community center, public library, public utility facility.
H. 
Cellular communication tower, subject to the provisions of § 285-67C.
I. 
Dispensary facility.
A. 
Minimum lot area: 40,000 square feet.
B. 
Minimum lot width: 150 feet at the ultimate right-of-way.
C. 
Minimum building setbacks:
(1) 
From the ultimate right-of-way line when parking is located between the building and the ultimate right-of-way line: 100 feet.
(2) 
From the ultimate right-of-way line when there is no parking between the building and the ultimate right-of-way line: 30 feet.
(3) 
From abutting properties that have residential or institutional uses or zoning: 30 feet.
(4) 
From all other abutting properties: 20 feet.
(5) 
From all other buildings on the same lot: 20 feet.
D. 
Maximum impervious surface coverage: 70% of the net lot area.
E. 
Maximum building coverage: 25% of the net lot area not to exceed 50,000 square feet for a single use, and 100,000 square feet for all uses on a site.
A. 
Minimum lot area: four acres.
B. 
Minimum lot width: 250 feet at the ultimate right-of-way line.
C. 
Minimum building setbacks.
(1) 
From the ultimate right-of-way line when parking is located between the building and the ultimate right-of-way line: 100 feet.
(2) 
From the ultimate right-of-way line when there is no parking between the building and the ultimate right-of-way line: 40 feet.
(3) 
From abutting properties that have residential or institutional uses or zoning: 40 feet.
(4) 
From all other abutting properties: 30 feet.
D. 
Maximum impervious surface coverage: 65% of the net lot area.
E. 
Maximum building coverage: 20% of the net lot area.
F. 
Parking and circulation requirements. Same as § 285-155, except:
(1) 
Minimum parking setback: 25 feet from property and ultimate right-of-way lines.
(2) 
Parking areas shall be designed to separate through traffic from parking. Parking shall not be permitted along driveways which serve as entrance(s) or exit(s) to parking areas.
The maximum height of buildings and other structures erected or enlarged in this district shall be:
A. 
For all residential buildings: 35 feet.
B. 
For all other buildings: 40 feet, except that such height may be increased to a maximum of 60 feet or such increased height as may be warranted when approved by the Zoning Hearing Board; provided that for every foot of height in excess of 40 feet, there shall be added to each yard requirement one corresponding foot of width or depth, and provided that structures that are over 40 feet are not regularly used by people, such as chimneys, water towers, windmills, communication antennas, etc.
A. 
Parking capacity and design standards. Off-street parking facilities shall conform with the requirements of Article XIX of this chapter.
B. 
Minimum parking setback: 20 feet from property and ultimate right-of-way lines.
C. 
Parking lot landscaping: 10% of the parking area must be landscaped.
D. 
Driveway and internal road setback: 20 feet from property lines.
E. 
Driveway design standards.
(1) 
No more than one driveway per street frontage is permitted.
(2) 
When, in the opinion of the Township Engineer, it is in the interest of good traffic operation, the Board of Supervisors may permit one additional driveway entrance along a continuous site with frontage in excess of 400 feet.
(3) 
Where dual one-way driveways are used, they will be considered, for purposes of this section, to be equivalent to one standard, two-way driveway. Only one pair of one-way drives may be used per street frontage.
(4) 
When feasible, driveways shall be 150 feet from driveways on adjoining properties and street intersections.
(5) 
When two adjacent property owners share a common driveway and cross-easements for this driveway, the Township will grant an incentive bonus to all affected properties consisting of an increase in this impervious surface coverage of each lot of 5%. If two or more property owners share a common driveway curb cut, individual driveways are prohibited unless a lot conforms with Subsection E(2) above.
A. 
Screening buffer. Screening buffers shall be provided when a commercial property abuts a residential or institutional use or district. The screening buffer area shall be a minimum of 25 feet in width along the property line, and shall contain hedge, evergreen trees, shrubbery or other suitable vegetation of sufficient planted density to provide a total visual screening consistent with the topography, the existing vegetation, and the use of adjacent land. Whenever possible, the owner shall make every effort to retain existing natural screening, such as vegetation and topography. Screening buffers must be developed in accordance with the provisions of Chapter 240, Subdivision and Land Development.
B. 
Softening buffer. Softening buffers shall be provided when a commercial property abuts a nonresidential use or district. The minimum number of trees and shrubs shall be as follows, planted either formally or in nontraditional groupings.
(1) 
One shade tree per 100 feet of property line.
(2) 
One evergreen and one flowering tree or three flowering or evergreen shrubs per 150 feet of property line.
C. 
Street trees. Along road rights-of-way, shade trees shall be planted a minimum distance of five feet beyond the ultimate right-of-way line inside the lot. Trees shall be planted not less than 40 feet apart nor more than 50 feet apart, and shall have a minimum caliper of 2 1/2 inches at time of planting.
A. 
Outdoor display and storage. All uses, except for parking and loading areas, shall be completely enclosed within a building, except as permitted in § 285-157.1E. No merchandise, goods, articles or equipment shall be stored, displayed or offered for sale outside any building except seasonal articles which are too large or cannot be feasibly stored indoors. Such articles shall be stored adjacent to the building housing the tenant selling the articles, and shall be enclosed by either walls or opaque fencing that are at least six feet high and are designed to be architecturally compatible with the building. Any outdoor display areas shall be considered to be sales floor area for the purposes of computing building coverage and for computing parking requirements.
B. 
Refuse areas. The design of buildings in the Commercial Zoning District shall either include a provision for the storage of refuse inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing. Any refuse area outside the building shall be designed to be architecturally compatible with the building(s) and shall not interfere with nor be visible from circulation within the parking lot. Such walls or fencing shall be designed to shield the refuse areas from direct view of any adjacent property, and must be at least six feet high. No trash storage area shall be located within 10 feet of an adjacent nonresidential property line nor within 40 feet of a road right-of-way or residential lot line.
C. 
Off-street loading. Adequate off-street loading and unloading space with proper access from a street, highway or common service driveway shall be provided for all commercial properties. All areas for loading and unloading of delivery trucks and other vehicles and for the servicing of establishments or shops by refuse collection, fuel and other service vehicles shall have adequate and unobstructed access from a street or service driveway, and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities or pedestrian ways. They shall also be so arranged that they may be used without backing out onto a street. Service areas shall be screened from view from any abutting roadway, customer parking area or residential lot line by a twenty-foot-wide buffer strip suitably landscaped to provide screening.
A. 
Minimum building setbacks for buildings in excess of 10,000 square feet.
(1) 
From the ultimate right-of-way line of arterial streets: 150 feet.
(2) 
From all abutting properties: 40 feet.
B. 
Maximum impervious surface coverage: 65% of the net lot area.
C. 
Maximum building coverage: 20% of the net lot area.
D. 
Parking and circulation requirements. Same as § 285-155, except:
(1) 
Minimum parking setback: 25 feet from property lines. Along arterial streets, parking shall be set back 100 feet from the ultimate right-of-way line.
(2) 
Parking areas shall be designed to separate through traffic from parking. Parking shall not be permitted along driveways which serve as entrance(s) or exit(s) to parking areas.
(3) 
When more than one street frontage exists, access shall be taken from the street with a lower classification.
E. 
Outdoor storage in accordance with the following:
(1) 
Be located within the buildable area of the lot not to extend between buildings and public rights-of-way.
(2) 
Located in a confined area which shall not exceed 100% of the floor area of all buildings on the parcel.
(3) 
Shall be enclosed by either walls or opaque fencing at least six feet high.
(4) 
Buffered in accordance with § 285-165.
F. 
Bay doors shall not face arterial roads.
G. 
Dispensary facility.
(1) 
A dispensary facility must be owned and operated by a legally registered dispensary in the commonwealth, and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.[1]
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2) 
A dispensary facility may only dispense medical marijuana in an indoor, enclosed, permanent and secure building, and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(3) 
Dispensary facility may not operate on the same site that a grower/processor facility is located.
(4) 
Dispensary facility shall have a single secure public entrance, and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Act.[2]
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(5) 
Permitted hours of operation of a dispensary facility shall be as follows:
Monday
10:30 a.m. to 6:00 p.m.
Tuesday
10:30 a.m. to 6:00 p.m.
Wednesday
10:30 a.m. to 6:00 p.m.
Thursday
10:30 a.m. to 6:00 p.m.
Friday
10:30 a.m. to 6:00 p.m.
Saturday
10:30 a.m. to 6:00 p.m.
Sunday
Closed
(6) 
A dispensary facility shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of medical marijuana, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area of the dispensary facility.
(7) 
Dispensary facility shall:
(a) 
Not have a drive-through service;
(b) 
Not have outdoor seating areas;
(c) 
Not have outdoor vending machines;
(d) 
Prohibit the administering of, or the consumption of medical marijuana on the premises; and
(e) 
Not offer direct or home delivery service.
(8) 
A dispensary facility may dispense only medical marijuana to certified patients and caregivers as set forth in the Act,[3] and shall comply with all lawful, applicable health regulations, including those of the DOH.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(9) 
A dispensary facility may sell medical devices and instruments that are specifically needed for the administration of medical marijuana.
(10) 
A dispensary facility may not be located within 1,000 feet of a property line of a public, private or parochial school, day-care center or church. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
(11) 
Dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor facility and the specific dispensary facility they serve, or with which they partner.
(12) 
Any medical marijuana facility lawfully operating pursuant to the Act[4] shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school, day-care center or church.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(13) 
All external lighting serving a dispensary facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(14) 
Parking requirements will follow the parking schedule found in § 285-155 of the Upper Frederick Township Zoning Ordinance. Off-street parking regulations shall utilize those listed for medical and dental offices, including outpatient clinics.
(15) 
A buffer planting is required where a dispensary facility adjoins a residential use or district pursuant to § 285-156 of the Upper Frederick Township Zoning Ordinance.
(16) 
Entrances and driveways to a dispensary facility must be designed to accommodate the anticipated vehicles used to service the facility.
(17) 
The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility, and a land development review and approval if a new facility is being built and utilized pursuant to the Upper Frederick Township Code of Ordinances.
(18) 
Any and all other provisions contained in the Act[5] affecting the construction, use and operation of a dispensary facility.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.