[Amended 6-16-1986 by Ord. No. 86-02; 6-21-1993 by Ord. No. 93-06; 10-18-1993 by Ord. No. 93-07; 2-7-1994 by Ord. No. 94-01; 11-7-1994 by Ord. No. 94-09; 9-3-1996 by Ord. No. 96-11; 4-21-1997 by Ord. No. 97-08; 4-10-2000 by Ord. No. 00-06; 3-26-2001 by Ord. No. 01-06; 12-15-2003 by Ord. No. 03-07; 6-18-2001 by Ord. No. 01-08; 12-5-2016 by Ord. No. 16-01]
A. 
In addition to the general goals listed in the statements of purposes and community development objectives, the purposes of this article are to provide sufficient space in appropriate locations for the types of commercial and service establishments anticipated, protect commercial development against intrusive uses which are incompatible and against objectionable influences, such as noise or glare, and from hazards of fire, to provide appropriate space for the requirements of present-day merchandising, including the provisions of off-street parking spaces, safe circulation of pedestrian and motor traffic and to promote the most desirable use of land and pattern of building development in accord with a well-considered plan, to promote stable highway-related commercial development, strengthen the economic base of the municipality, protect the character of the commercial area and nearby districts and conserve the value of land and buildings.
B. 
In the C-1, Highway-Commercial District, the following regulations shall apply.
Only those parcels of land which comply with the following regulations shall be considered as possible sites:
A. 
The overall land area of the parcel or parcels shall be at least two acres.
B. 
The initial application shall include a site layout, typical front and side elevations, typical floor plan and landscaping plans, as well as an engineering plan showing the proposed method of water runoff control and type of sewage treatment.
C. 
A schematic drawing shall be supplied indicating the areas required for loading and unloading. A statement shall accompany this which indicates the manner and frequency of use of such facilities.
A. 
Uses permitted by right. A building may be erected, altered or used and a lot or premises may be used for the following purposes and for no other:
(1) 
Professional or business offices and financial institutions.
(2) 
Government offices serving the public, including post offices.
(3) 
Forestry, provided that such use complies with all applicable standards in Chapter 101 of the Birmingham Township Code and with § 122-105.6.
(4) 
Age-restricted multifamily dwellings as authorized by the Federal Fair Housing Act amendment for occupants age 55 or older.
(5) 
Assisted living facility or nursing home.
B. 
Uses permitted by special exception. Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board, subject to the standards and procedures set forth herein and in Article XXI of this chapter:
(1) 
Personal service shop, such as beautician and barbershop, but excluding any facility providing adult-oriented services, such as an escort agency or massage parlor in which massages are offered with the intent to provide sexual stimulation to the customer.
(2) 
Undertaking establishment.
C. 
Uses permitted by conditional use. Any of the following shall be permitted as a conditional use when authorized by the Board of Supervisors, subject to the standards and procedures set forth herein, in Article XX, § 122-119, and in any other applicable chapter; provided, however, that the conditional use procedure herein specified shall be in lieu of and not in addition to the special exception procedure for any one use as permitted by Subsection B:
(1) 
Graphic arts copying and/or retail printing establishment.
(2) 
Supermarket, retail store and/or shopping center.
(3) 
Motel.
(4) 
Hotel.
(5) 
Boardinghouse, lodging or rooming house.
(6) 
Eating or drinking establishment.
(7) 
Day-care center for children or adults.
(8) 
Wireless communication facilities as specifically described and allowed for in § 122-105.
[Amended 12-7-2020 by Ord. No. 20-04]
(9) 
Fitness facility.
(10) 
Medical clinic.
(11) 
Mixed-use buildings, containing any combination of uses permitted by right, special exception and/or conditional use, provided that no residential units shall be permitted on the ground floor of any mixed-use building.
(12) 
Any combination of two or more separate uses authorized in this district by right, by special exception and/or by conditional use, on a single lot.
D. 
Accessory uses. Only accessory uses customarily associated with or incidental to the permitted commercial uses shall be permitted.
E. 
Limitations of use. The following limitations shall be applied to any use permitted in this district:
(1) 
No lot in this district shall be allowed to deteriorate in appearances due to weeds, erosion or accumulation of unsightly objects.
(2) 
No use normally conducted indoors shall be conducted in any open space. Without limiting the foregoing, no outdoor storage of materials or equipment shall be permitted unless a special exception for such use is granted by the Zoning Hearing Board.
(3) 
No offensive odors shall be permitted.
(4) 
No excessive glare shall be allowed.
(5) 
No excessive noise shall be permitted.
(6) 
No wholesale delivery or pickup shall be permitted in the area between the building and any street line.
A. 
Lot area. Every lot shall have an area of not less than two acres of net lot area as defined herein.
B. 
Lot width and frontage. Each lot shall have a width of not less than 400 feet at the building line and shall have frontage on a major street or highway of not less than 400 feet; provided, however, that two or more separate lots may collectively comply with these lot width and frontage requirements by entering into a cross-easement agreement in form acceptable to the Township under the terms of which collective ingress and egress will be minimized consistent with highway safety.
C. 
Lot coverage. Not more than 50% of the net lot area of each lot may be occupied by buildings and other impervious cover.
D. 
Floor area ratio. The floor area shall not exceed 40% of the total lot area. In no event shall a one-story building exceed 40,000 square feet in gross floor area, nor 80,000 square feet for a building of more than one story. However, the Board of Supervisors may authorize up to, but not exceeding, a fifty-percent increase in the maximum size of the building if the proposed development meets the following additional standard: at least 40% of the required and provided parking is placed to the rear of the building, so that the view from the principal street frontage is partially shielded by the building and landscaped areas.
[Amended 4-3-2017 by Ord. No. 17-01]
E. 
Front yard. There shall be a front yard of not less than 60 feet from the street line, within which no building or outdoor displays shall be situated.
F. 
Side yards. There shall be side yards of not less than 15 feet, within which no buildings shall be situated.
G. 
Rear yard:
[Amended 4-3-2017 by Ord. No. 17-01]
(1) 
Abutting residentially zoned property:
(a) 
The rear yard shall be not less than 100 feet, within which no buildings shall be situated.
(2) 
Abutting nonresidentially zoned property:
(a) 
The rear yard shall be not less than 50 feet, within which no buildings shall be situated.
H. 
Accessory buildings and accessory structures. All accessory buildings and accessory structures shall be located in conformance with the yard requirements herein specified unless otherwise permitted as a conditional use when approved by the Board of Supervisors.
I. 
Height restrictions. No building or structure, except in the case of a cellular communications antenna, shall exceed three stories or 35 feet in height. The height of a cellular communications antenna shall be governed by § 122-105D(1).
J. 
Not less than 50% of the net lot area shall be maintained as green space.
The following shall be applicable to all uses:
A. 
Parking: as required by § 122-102A of this chapter.
B. 
Access and highway frontage: as required by § 122-102B of this chapter.
C. 
Landscaping: as required by § 122-102C of this chapter.
D. 
Screening: as required by § 122-102D of this chapter.
E. 
Storage: as required by § 122-102E of this chapter.
F. 
Interior circulation: as required by § 122-102F of this chapter.
G. 
Lighting: as required by § 122-102G of this chapter.
H. 
Loading: as required by § 122-102H of this chapter.