A.
Intended purpose. The Commercial District is intended
to provide areas for the erection of buildings and the use or occupancy
of lots for retail, commercial and transient residential uses for
the convenience, regular needs, major business and shopping functions
of the Township residents and transient public.
B.
Permitted uses. Permitted uses shall be as follows:
(1)
Hotels, motels, efficiency hotels and bed-and-breakfast
inns.
(2)
Restaurants and other establishments serving food
or beverages.
(3)
Gift and antique shops, provided that the activity
is conducted in a completely enclosed building.
(6)
Business and professional offices and similar facilities.
(7)
Other uses which are similar to the above.
(8)
All business, servicing or processing, except off-street
parking and loading, which shall be conducted completely within closed
buildings.
(9)
The outdoor display of goods, products or merchandise,
which shall be subject to the same setback and yard requirements as
the principal building.
(10)
Residential uses which are secondary to the
commercial use, including attached single-family dwellings and apartments
occupying the same building as the principal use.
(11)
Municipal and other governmental uses as deemed
necessary and as approved by the Board of Supervisors.
(12)
Cemeteries.
(13)
Off Track Wagering Facilities are permitted solely within the C Zoning District subject to the provisions of § 155-16J.
[Added 12-27-2005 by Ord. No. 458]
(14)
Gaming Hotels are permitted solely within the C Zoning District subject to the provisions of § 155-16J.
[Added 12-27-2005 by Ord. No. 458]
(15)
Gaming Resorts are permitted solely within the C Zoning District subject to the provisions of § 155-16J.
[Added 12-27-2005 by Ord. No. 458]
(16)
Resorts are permitted within the C Zoning District, subject to the provisions of § 155-16J, except that nothing in this section or in § 155-16J shall apply to Commercial Resorts as that term is defined in § 155-5B or used in Article VII in the sections permitting Commercial Resorts as special exception uses in the RR Zoning District pursuant to § 155-12D(4), the R-1 Zoning District pursuant to § 155-13D, and the R-2 Zoning District pursuant to § 155-14D.
[Added 12-27-2005 by Ord. No. 458]
(17)
Churches and similar places of worship.
[Added 11-14-2016 by Ord.
No. 528]
(18)
Sales of consumer fireworks.
[Added 7-17-2018 by Ord.
No. 547]
C.
D.
E.
F.
Height regulations. Except as otherwise provided below, no principal structure shall exceed 38 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof. Height and setback regulations for accessory structures are as set forth in § 155-11L(1). The height limitation set forth in this section shall not apply to the structures set forth in § 155-10A or to principal structures or habitable accessory structures which are part of a Resort or Gaming Resort which may be erected to a maximum height calculated in accordance with the following formula: 38 feet plus one additional foot of building height for each foot a principal structure or a habitable accessory structure is set back from a line which is either 100 feet from the right-of-way line of an Interstate highway, State road, State highway, or Township Road, or the property line, whichever is greater, provided that:
[Amended 12-27-2005 by Ord. No. 458]
(1)
Notwithstanding the foregoing, the maximum height
of a principal structure shall not exceed the lesser of 300 feet in
height or the maximum height allowed by the applicable requirements
of Tobyhanna Township Ordinance 438 known as the Tobyhanna Township
Airport Zoning Ordinance which regulates and restricts the height
to which structures may be constructed in the vicinity of the Pocono
Mountains Municipal Airport, and
(2)
Any habitable structure exceeding 38 feet in height
shall meet or exceed the applicable requirements of the Township building
code and fire code.
G.
Lot and yard requirements. Minimum lot and yard requirements shall be as specified in Article X of this chapter.
(1)
Nothing in this chapter shall be construed to prohibit
the lease or sale of the land rights to a portion of any structure
erected upon a commercial lot, provided that all lot and yard requirements
and parking requirements for the whole and each portion thereof are
met.
H.
Landscaping. All lots shall comply with the requirements as set forth in Chapter 135, Subdivision and Land Development.
I.
Commercial District Planning Commission and Board
of Supervisors approval.
[Amended 9-3-2002 by Ord. No. 434; 5-8-2017 by Ord. No. 533; 8-14-2017 by Ord. No. 535; 11-7-2022 by Ord. No. 573]
(1)
Items provided for in Section 503(1.1) of the Municipalities Planning
Code,[3] as listed in § 135-8B, are considered exclusions and shall not be subject to the subdivision and land development processes. Allowable exclusions are subject to zoning application process and review, including § 155-16 (C Commercial District), Subsection I(3), and § 155-16 (C Commercial District), Subsection I(4).
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
(2)
All applications for site development plans, land development plans and subdivisions, whether the same be a major or minor subdivision, related to lands which are situated in a Commercial District shall first be reviewed by the Tobyhanna Township Planning Commission, and thereafter by the Tobyhanna Township Board of Supervisors. The application for subdivision and/or land development shall be accompanied by a plan as required by Chapter 135, Subdivision and Land Development. In addition, such plan shall contain the following information and criteria:
(a)
The location of all side yard, front yard and rear yard setback
lines.
(b)
The location of the proposed or existing building or buildings
and the location of all proposed or existing out-buildings or -structures.
(c)
The location of a proposed or existing sign or signs and the
complete dimensions thereof.
(d)
The location of the proposed or existing parking areas and the number of vehicles currently accommodated or proposed to be accommodated. (See § 155-55.)
(e)
Truck loading and unloading areas to be provided in an amount
sufficient to permit the transfer of goods and products in other than
a public street or required front yard area.
(f)
The location of all proposed and existing driveway entrances
and exits.
(g)
The present or proposed line-of-sight angles for traffic entering
and exiting the property.
(h)
The location of all existing or proposed shrubs, trees, signs
and structures that will inhibit or impede the clear lines of sight
for traffic entering or exiting the property.
(i)
The location and complete details relating to buffer areas,
where applicable.
(j)
All road frontage abutting the property, and also locating all
intersecting streets, interior streets, other streets and entrances
within 500 feet of the property. Current aerial map is acceptable.
(k)
Current commercial use of the property.
(l)
A complete detailed description of the proposed commercial use
and the hours of operation.
(m)
The type, location and size of the existing sewage disposal
system and/or the proposed sewage system, locating the size and type
of sewage disposal system with planning modules to be submitted if
the sewage disposal system is to be increased; and the submission
of Department of Environmental Protection permits, where applicable.
(n)
The location of a proposed or existing well.
(o)
Submission of Pennsylvania Department of Transportation (PennDOT)
and/or Township encroachment or driveway permits, where applicable.
(p)
Proof of ownership and/or leasehold interest and written consent
of the owner to alterations by the tenant, where applicable.
(q)
The location and full description of all proposed outdoor lighting.
(r)
The location of all utility lines crossing the property.
(s)
Complete details concerning the effect of the proposed commercial
use relating to the health and safety upon the immediate area as to
noise, fumes and emanating odors.
(t)
The number of current or prospective employees.
(u)
Existing improvements.
[1]
For each improvement currently existing, a reference to:
[a]
The issuance date and number of the permit issued
by the Township which approved the improvement; or
[b]
The issuance date and number of the certificate
of nonconforming use issued by the Township which granted the nonconforming
status of the improvement; or
[c]
The date the improvement was begun to be constructed or installed, and the completion date of the improvement, where it is alleged the improvement predates the effective date of Chapter 155, Zoning, or Chapter 135, Subdivision and Land Development, or any predecessor Subdivision or Zoning Ordinance.
[3]
Notwithstanding any other provision of Chapter 155, Zoning, or Chapter 135, Subdivision and Land Development, in the event the applicant fails to remove a prohibited or nonpermitted or nonapproved improvement currently existing that required Township approval or a permit at the time of its construction, installation, or placement on the site in question; or fails to obtain such approval or a permit by the time the application or plan was filed with the Township, such failure may alone be sufficient grounds to deny approval of the plan or permit.
(v)
A specific reference to the date and the contents, verbatim, of any previous condition imposed upon any part of the property located within the site plan in either a conditional use decision previously rendered by the Board of Supervisors; or a special exception or variance decision previously rendered by the Zoning Hearing Board. Notwithstanding any other provision of Chapter 155, Zoning, or Chapter 135, Subdivision and Land Development, if the applicant fails to comply with this Subsection I(1)(v); or if the application or plan can be reasonably deemed to ignore, circumvent, extinguish or diminish any condition previously imposed by the Board of Supervisors and/or Zoning Hearing Board, as above set forth, then either of such events may alone be sufficient grounds to deny approval of the plan or permit.
(w)
The location and full description of all proposed landscaping.
(x)
The location and type of stormwater retention areas as well
as the submission of stormwater calculations.
J.
Special Regulations Applicable to Gaming Establishments,
Resorts, and Gaming Establishments.
[Added 12-27-2005 by Ord. No. 458]
(1)
Gaming Establishments and Resorts shall:
(a)
Be served by a publicly or privately owned central
sanitary sewage collection system;
(b)
Be served by a publicly or privately owned central
water distribution system;
(c)
Have a two hundred (200') foot buffer strip
between such establishment and any residential district or residential
use on a lot not owned by the owner of the Resort or Gaming Establishment
in question or an affiliate of such owner;
(d)
Be located not more than one (1) mile from an
Interstate highway exit and entrance ramp interchange;
(e)
In the case of Gaming Establishments (but not
Resorts) be separated from another Gaming Establishment by at least
one thousand (1,000') feet;
(f)
In the case of Gaming Establishments (but not
Resorts) be located more than one thousand (1,000') feet from any
parcel of land not owned by the owner of the Gaming Establishment
in question or an affiliate of such owner which contains any of the
following land uses:
(2)
For purposes of this Ordinance, the calculation of the linear distance specified in: (a) Subsections J(1)(c), J(1)(d), and J(1)(f) shall be measured in a straight linear fashion without regard to intervening structures or land uses from the closest point of the building(s) housing the Gaming Establishment or, in the case of a Resort, the principal structure(s) to the building housing the protected use delineated above or, in the event of a protected use(s) which does not involve a building, to the property line of the parcel on which the protected use is maintained; and (b) Subsection J(1)(e) shall be measured in a straight linear fashion without regard to intervening structures or land uses from the closest point of each building housing each of the Gaming Establishments in question.
(3)
Structures and improvements that are part of a Resort
or Gaming Resort may encroach upon and/or crossover property lines
of lots or parcels that form a Resort or Gaming Resort whether or
not such structures or improvements are physically attached and in
such instance(s) the applicable setback distance(s) shall be zero
(0') feet where such improvement(s) is part of a development plan
for the Resort or Gaming Resort in question.
(4)
Residential uses that are developed in conjunction
with a Resort or Gaming Resort shall be govemed by the following regulations:
(a)
Residential uses may be developed in a mixed
use building with professional office, personal service establishments,
commercial and/or retail facilities.
(b)
The minimum lot area, minimum lot width, minimum
lot depth, maximum lot coverage, and minimum habitable floor area(s)
shall be identical to the bulk standards set forth on Attachment 5
to § 155 of the Zoning Ordinance. The minimum front, rear, and
side setbacks shall be zero feet.
(c)
Residential uses associated with a Resort or Gaming Resort may be developed as a Planned Residential Development in accordance with the standards set forth in Article XVI of the Zoning Ordinance with the following specific modifications limited solely to Planned Residential Developments constructed as part of a Resort or Gaming Resort:
[1]
A proposed Planned Residential Development that
is part of a Resort or a Gaming Resort shall consist of one or more
contiguous tracts of land containing a minimum of ten acres. The bulk
standards applicable to a Planned Residential Development that is
part of a Resort or Gaming Resort shall be identical to the Planned
Residential Development Standards applicable in the R-2 District except
that the minimum front, side and rear setbacks shall be zero feet.
[2]
Section 155-111C shall be revised for Planned Residential Developments in a Resort or Gaming Resort to include all commercial activities permitted in a Resort or Gaming Resort without any limitation or restriction on the area devoted to commercial uses.
[3]
Common open space associated with a Planned
Residential Development which is part of a Resort or Gaming Resort
may include, but not be limited to, open areas and green spaces which
are part of the Resort or Gaming Resort including water features and
may be restricted in whole or in part to the use of the residents
of the Planned Residential Development or may be open to the public
on a commercial or noncommercial basis.
(d)
The provisions of § 155-113E in its entirety shall not apply to Planned Residential Developments developed as part of a Resort or Gaming Resort.
(e)
The minimum off street parking requirements set forth in § 155-115A shall be amended to provide that residential units that are owned in fractional ownership and/or time share ownership shall have a minimum of one and one-half parking spaces per unit.
(f)
The provisions of § 155-115F shall not apply to Planned Residential Developments which are part of a Resort or Gaming Resort.
(g)
Notwithstanding the provisions of § 155-112, the land use density of a Planned Residential Development which is part of a Resort or Gaming Resort shall be a maximum of 8 dwelling units for each one acre of land in the total Resort or Gaming Resort without reduction by the area of the Resort or Gaming Resort committed to commercial or other uses.
(5)
The calculation of maximum lot coverage for all property
which is part of a Resort or Gaming Resort development plan shall
be based upon the aggregate land area comprising the Resort or Gaming
Resort and not based upon the coverage of any particular lot, piece
or parcel of land comprising part of the Resort or Gaming Resort such
that the coverage of one or more parcels may exceed 75% provided that
the impervious coverage of all parcels comprising the Resort or Gaming
Resort shall not exceed 75% which shall calculated by dividing the
total impervious area including ground floor area of all principal
and accessory buildings, sidewalks, impervious parking areas and other
impervious areas on the entire Resort or Gaming Resort property by
the total area comprising the Resort or Gaming Resort.
|
(g)
|
Prepare and submit at the time of Preliminary
Land Development Plan approval an impact statement addressing one
or more of the following potential impacts of a Resort or Gaming Resort
as reasonably determined by the Tobyhanna Township Board of Supervisors:
| ||
|
1)
|
Traffic Impact;
| ||
|
2)
|
Hydrogeologic;
| ||
|
3)
|
Wetlands;
| ||
|
4)
|
Environmental;
| ||
|
5)
|
Stormwater Management;
| ||
|
6)
|
Fire Protection;
| ||
|
7)
|
Police and security;
| ||
|
8)
|
Emergency Services (to include but not be limited
to fire fighting response, emergency medical services and emergency
management);
| ||
|
9)
|
Geotechnical Subsurface Exploration;
| ||
|
10)
|
Sewage and waste treatment and disposal;
| ||
|
11)
|
Solid waste disposal;
| ||
|
12)
|
Architectural and general aesthetics;
| ||
|
13)
|
Landscaping and Buffering;
| ||
|
14)
|
Social/Economic;
| ||
|
15)
|
Light, Glare and heat control;
| ||
|
16)
|
Noise control;
| ||
|
17)
|
Historical;
| ||
|
18)
|
Archaeological;
| ||
|
19)
|
Flood;
| ||
|
20)
|
Air quality;
| ||
|
21)
|
Control of radioactivity, electrical emissions
and electrical disturbances;
| ||
|
22)
|
Airport/Airspace;
| ||
|
23)
|
Public transportation
| ||
|
The developer of a proposed Resort or Gaming
Resort shall prior to submission of a Preliminary Land Development
Plan participate in a pre-submission conference with the Township
Zoning Officer and Township Engineer to identify the scope of the
impact statement, if any, to be submitted as part of the Preliminary
Land Development Plan submission for the Resort or Gaming Resort in
question. If an impact statement is required to be submitted, the
developer shall reasonably mitigate the adverse impacts, if any, identified
in the impact statement.
| |||
K.
Special Regulations Applicable to a Medical Marijuana Dispensary.
A medical marijuana dispensary may not be within 1,000 feet of another
medical marijuana dispensary property line and must be more than 1,000
feet from the property line of any public, private or parochial school,
and day-care center or family day-care home.
[Added 3-13-2017 by Ord.
No. 529]
L.
Special regulations for sales of consumer fireworks. Sales of consumer
fireworks shall comply with the following requirements:
[Added 7-17-2018 by Ord.
No. 547]
(1)
Such use shall not be located within 1,500 feet of any premises selling
alcoholic liquors, alcohol, malt or brewed beverages for consumption
on or off premises.
(2)
Such use shall not be located within 1,500 feet of any local or state
park, school or child day-care facility, recreational establishment,
house of worship, dwelling, hospital, group home or nursing home.
(3)
Any structure containing quantities of consumer fireworks as defined
herein exceeding 50 pounds shall be no closer than 150 feet to any
building, state highway, railway, local street or alley, waterway,
or utility right-of-way including, but not limited to, natural gas
line.
(4)
Such use shall not be located within 1,500 feet of any premises selling
firearms.
(5)
All land development plans for construction, use or renovation of
an existing building for the purpose of selling fireworks shall be
reviewed by the Code Enforcement Officer for compliance with all required
fire safety codes, including, but not limited to, the International
Fire Code, and the Code Enforcement Officer's comments and/or report
shall be copied to the Township designated fire company(ies).
(6)
Sale of fireworks shall be subject to compliance with all of the
provisions of Pennsylvania Act 43 of 2017 pertaining to the sale thereof.
Hours of operation shall be confined to 9:00 a.m. to 5:00 p.m. Security
and site management shall be provided 24 hours per day.
(7)
All sales of consumer fireworks as defined herein shall be conducted
only from a facility exclusively dedicated to the storage and sale
of fireworks.[4]
[4]
Editor's Note: Former Subsection L(8), pertaining to the sale
of fireworks from temporary structures, which immediately followed
this subsection, was repealed 10-15-2019 by Ord. No. 556.
[Added 2-20-2018 by Ord.
No. 542; amended 4-23-2019 by Ord. No. 549; 10-15-2019 by Ord. No. 557]
A.
Intended purpose. The Tourist Development Project ("TDP") Zoning
District is intended to provide areas for TDP development and a set
of provisions within the area designated as being within the TDP Zoning
District, as shown on Exhibit A and the Zoning Map, as amended,[1] which area was previously zoned mixed use town center.
[1]
Editor's Note: Exhibit A and the Zoning Map are included as attachments to this chapter and are also available on file in the Township offices.
C.
D.
Permitted uses. Permitted uses shall be as follows:
(1)
Amusement parks and amusement games including but not limited
to carnival rides and games, ferris wheel, arcade games, helium hot
air balloon, indoor/outdoor go carts, and laser tag, virtual reality
attractions and venues.
(2)
Aquariums and zoos.
(3)
Business and professional offices including but not limited
to financial institutions, including, without limitation, banks, medical,
real estate and management offices.
(4)
Campground/RV camping/parking, overnight treehouses.
(5)
Child-care services including but not limited to day care and
kids camp.
(6)
Convention, conference, and meeting center.
(7)
Education venues.
(8)
Fitness facilities including but not limited to gyms, health
clubs, specialty fitness facilities, martial arts, athletic and yoga
studios, exercise facilities.
(11)
Hotels, motels, efficiency hotels, and B&B inns.
(12)
Indoor/outdoor entertainment facilities including but not limited
to comedy clubs, concerts, dance halls, dueling piano bar, indoor
theater, moment factory night/walk/light show/interactive art and
entertainment show, music venue and sales, off-track wagering facilities,
outdoor patio and rooftop venue, skywalk/lookout/observatory, studios-arts
and crafts, art, dance or music.
(13)
Indoor/outdoor recreation including but not limited to archery,
batting cages, bowling alleys, boating marine, golf courses and accessory
structures, miniature golf, golf driving ranges, golf-related business
and venues, horseback riding, equestrian facilities and stables, indoor
skydiving, fishing, passive recreation, pool hall/billiard parlors,
rock climbing walls, ropes course/zip line, shooting range, ice/roller
skating rinks, ski, snowboarding, tubing (water and snow), sports
attractions and facilities, and trampoline park.
(14)
Motor vehicle service stations.
(15)
Municipal and government uses.
(16)
Museums and galleries.
(17)
Personal service shops, offices and establishments including
but not limited to barber and beauty shops and salons, car washes,
dry-cleaning and laundry pickup uses, photography studios, self-service
laundry.
(18)
Public utilities, safety facilities including but not limited
to satellite dishes and television internet antennas, water towers,
water and sewage treatment plants, communication towers and equipment,
waste transfer facility.
(19)
Residential uses secondary to the commercial use: sale, rent,
timeshares.
(20)
Restaurant/bar including but not limited to: brewpubs, distilleries,
microbreweries, taverns, lounges, tasting room, beer gardens, nightclubs,
food hall, fast-food restaurants.
(21)
Retail uses including but not limited to culinary store, florist
and flower shops, food market, gift and antiques shop, jewelry sales
and repair, liquor store, news and magazine stand, outdoor retail
stores, pharmacies/drugstore, photography developing establishments,
pop-up retail store, grocery store, bakeries, hardware store, sporting
goods store, soft goods store, discount and outlet stores, fashion
goods stores, electronic goods store, department store, specialty
stores, outdoor/camping goods stores, and recreational vehicle sales
and service.
[Amended 1-6-2020 by Ord.
No. 560]
(22)
Transportation including but not limited to bus terminal, dropoff/pickup/valet
areas, garage and parking structures, heliport, park-and-ride commuter
lots, surface, structures and underground parking, train/shuttle transportation,
tram, trolley, Uber/ride-sharing lounge.
(23)
Truck and delivery distribution terminal.
(24)
Visitor information reception center.
E.
Accessory uses. Accessory uses and buildings customarily incidental
to any principal use are permitted within the TDP Zoning District
and include, without limitation:
(1)
Accessory uses and structures including but not limited to:
(a)
Agricultural, greenhouses and nurseries.
(b)
Amusement concessions.
(c)
Animal attractions and exhibitions (including the display and
temporary housing of animals).
(d)
Arts and crafts shows.
(e)
ATMs, freestanding.
(f)
Concession services (indoor/outdoor).
(g)
Event associated exhibits.
(h)
Financial and administrative services.
(i)
Fireworks display.
(j)
Indoor/outdoor concessionaires both static and mobile.
(k)
Interconnecting means of conveyance (boats, carts, trains) between
theme park/amusement parks, adjacent venues and parking.
(l)
Kiosks, pushcarts and RMUs.
(m)
On-site containment of circus/performing troupes.
(n)
Open-air fire pits.
(o)
Outdoor display of exhibitions and sponsors' equipment.
(p)
Outdoor vending and display.
(q)
Water features and fountains.
(2)
Advertising, pylon, monument, electronic graphic (digital),
directional and informational signs within the TDP Zoning District
approved as part of a master signage plan submitted by the developer
of a TDP as a part of the land development application. The TDP Master
Signage Plan shall permit signage in accordance with the following
criteria:
(a)
Off-premises signs shall be permitted by the Board of Supervisors
within the TDP Zoning District, provided such off-premises signs shall
relate to uses occurring on property located within the TDP District
or uses occurring on property immediately adjacent to and abutting
the TDP Zoning District, and further provided the Board of Supervisors
approves the same as part of a Master Signage Plan. Off-premises signs
within the TDP Zoning District shall be limited to a maximum number
of signs as determined by the Board of Supervisors at the time of
land development approval of a TDP.
(b)
TDP shall be permitted the following signage within the TDP Zoning District, provided that all of the following signage and any exterior signage shall be set forth on a master signage plan subject to the review and approval of the Board of Supervisors at the time of land development application, which shall depict all exterior signs within a TDP, including any off-premises sign pursuant to Subsection E(2)(a) above. The Master Signage Plan shall specify the area, dimensions, height, illumination and other features of the signage in the TDP. The Master Signage Plan shall be submitted by the developer of a TDP as part of the land development application and land development plan. The Master Signage Plan shall permit freestanding pylon and monument signs, wall signs, roof signs, directional signs, informational signs, and changeable electronic variable message (CEVM) signs. It is the intention of this section to afford discretion and flexibility to the Board of Supervisors in the approval of the Master Signage Plan submitted by the developer of a TDP as a part of the land development application and land development plan. The Board of Supervisors acknowledge at adoption of this section having received and reviewed sign design criteria employed by Alberta Development Partners, LLC, in a development known as "Southlands" ("Southlands Design Criteria"). The Southlands Design Criteria is incorporated by reference to this section as a tool to be used by the Board of Supervisors in the exercise of its discretion in approving the Master Signage Plan.
(3)
Other customary accessory uses, buildings and improvements,
provided that such uses are clearly incidental to the principal use.
F.
Off-street parking, loading and unloading spaces. Off-street parking,
loading and unloading spaces shall be provided and permitted pursuant
to a master parking plan subject to review and approval of the Board
of Supervisors at the time of land development application, which
shall depict off-street parking, loading and unloading spaces within
the TDP. The Master Parking Plan shall be submitted by the developer
of a TDP as part of the land development application and land development
plan. It is the intention of this section to afford discretion and
flexibility to the Board of Supervisors in the approval of the Master
Parking Plan submitted by the developer of a TDP as a part of the
land development application and land development plan. The Master
Parking Plan shall be subject to the following standards:
(1)
Minimum parking ratios:
|
Permitted Uses
|
Minimum Required Parking Spaces
(DU=dwelling unit; SF=square feet; fractional calculations shall
be rounded up)
|
|---|---|
|
Commercial retail entertainment and dining uses
|
4 spaces per 1,000 SF of gross floor area
|
|
Hotels
|
1 space per room
|
|
Office space
|
3 spaces for each 1,000 SF of gross floor area
|
|
Residential
|
1 space for each dwelling unit
|
(2)
Shared parking. The developer may prepare a shared parking analysis
based on the methodology and standards outlined by the Urban Land
Institute or analysis/counts from similar projects in order to determine
the parking demand, which shall permit the developer to deviate from
the minimum parking requirements.
(3)
Parking dimensions.
(a)
Access aisles and driveways to parking areas shall be not less
than 10 feet in width for single-family residential uses and not less
than 15 feet in width for all other uses when a one-way traffic pattern
is established, or less than 20 feet in width when a two-way traffic
pattern is established. Aisles and driveways within parking areas
shall have a minimum width of:
(b)
All parking spaces shall have a minimum width of nine feet and
a minimum length of 24 feet provided that:
[1]
Non-valet parking spaces shall have a minimum width
of nine feet and minimum length of 18 feet; and
[2]
Valet parking spaces shall have a minimum width
of eight feet nine inches and a minimum length of 16 feet six inches.
[3]
All required parking spaces in off-street surface
parking areas and multilevel parking garages, except those listed
below, shall be permitted to be nine feet in width, 18 feet in length
and have an aisle width of 24 feet.
G.
Height, lot and yard regulations.
(1)
The height, lot and yard setback limitations set forth in Article X, 155 Attachment 1[2] shall not apply to buildings, structures or other habitable
accessory structures which are part of the TDP Zoning District all
of which shall be regulated as set forth below:
|
I-380
|
PA 940
|
PA 314
|
Kalahari Blvd.
|
Adjacent Property
|
Internal Property Line
|
Max. Bldg. Height
|
Min. Lot Size Tourist Develop- ment Project
|
Min. Lot Size within Tourist Develop- ment Project
| |
|---|---|---|---|---|---|---|---|---|---|
|
Setback
(feet)
|
25
|
50
|
50
|
50
|
25
|
0
|
100
|
25 acres
|
0.75 acre
|
[2]
Editor's Note: 155 Attachment 1, Minimum Lot and Yard Requirements, C Commercial District, is included as an attachment to this chapter.
(2)
Front yard setback, side yard setback and rear yard setback
as expressed above shall only apply to exterior property lines of
the TDP Zoning District and shall not apply to lots within the TDP.
For purposes of determining the yard setback, an "adjacent property"
means a lot located outside of the TDP Zoning District. The minimum
lot size within the TDP development shall be 0.75 acre; provided that
the minimum lot size for a TDP development shall be 25 acres. The
maximum building height limit above shall not apply to rooftop equipment,
protective netting, towers, balloon displays and other exterior displays,
ferris wheels, advertisements, and other similar uses.
H.
Special regulations applicable to TDP.
(2)
For purposes of this section, the calculation of the linear distance specified in Subsection H(1)(c) shall be measured in a straight linear fashion without regard to intervening structures or land uses from the closest point of the building housing the protected use delineated above or, in the event of a protected use(s) which does not involve a building, to the property line of the parcel on which the protected use is maintained.
(3)
Structures and improvements that are part of the TDP may encroach
upon and/or crossover property lines of lots or parcels that form
a TDP whether or not such structures or improvements are physically
attached and in such instance(s) the applicable setback distance(s)
shall be zero feet where such improvement(s) is part of a development
plan for the TDP.
(4)
The calculation of maximum lot coverage for all property which
is part of a TDP shall be based upon the aggregate land area comprising
the TDP and not based upon the coverage of any particular lot, piece
or parcel of land comprising part of the TDP such that the coverage
of one or more parcels may exceed 75% provided that the impervious
coverage of all parcels comprising the TDP shall not exceed 75% which
shall be calculated by dividing the total impervious area including
ground floor area of all principal and accessory buildings, sidewalks,
impervious parking areas and other impervious areas on the entire
TDP property by the total area comprising the TDP.
(5)
Following zoning approval and prior to submission of a preliminary
land development plan, the developer of a proposed TDP shall participate
in a presubmission conference with the Board of Supervisors to determine
which of the following impact statements and/or studies are deemed
necessary as a condition of preliminary land development submission:
(a)
Traffic impact;
(b)
Hydrogeologic;
(c)
Wetlands;
(d)
Environmental;
(e)
Stormwater management (See § 155-16.1J);
(f)
Fire protection;
(g)
Police and security;
(h)
Emergency services (to include but not be limited to fire-fighting
response, emergency medical services and emergency management);
(i)
Geotechnical subsurface exploration;
(j)
Sewage and waste treatment and disposal;
(k)
Solid waste disposal;
(l)
Architectural and general aesthetics;
(m)
Landscaping and buffering;
(n)
Social/economic;
(o)
Noise control;
(p)
Historical;
(q)
Archaeological;
(r)
Flood;
(s)
Air quality;
(t)
Control of radioactivity, electrical emissions and electrical
disturbances;
(u)
Airport/airspace; and
(v)
Public transportation.
