The purpose of this article is to encourage
and provide for establishment of planned commercial districts and
to serve Township residents in a manner consistent with the goals
of the Comprehensive Plan.
The Board of Supervisors may authorize as an
amendment to the Zoning Map the designation of an area as a CR-H Commercial
Retail District-High or as a CR-L Commercial Retail District-Low for
the location of commercial development. In a CR-H or CR-L District,
the following regulations shall apply.
A.
District area. The minimum area which may be classified
as a CR Commercial Retail District shall be five acres.
B.
Lot area. The minimum area for a single structure
or development shall be determined by the land use, parking and other
requirements.
C.
Lot coverage. Maximum building coverage shall be no
more than 40% of the total lot area. Impervious ground cover shall
be no greater than 65% of the total lot area. Each lot shall have
a minimum green space area of 35% of the total lot area.
[Amended 9-9-2004 by Ord. No. 794]
D.
Rear and side yards shall have a minimum depth of
100 feet from any residential zoning district boundary and no parking
shall be permitted within 50 feet of any residential district boundary
except where permitted by special exception. Pursuant to the provisions
of a special exception, parking may be permitted as close as 20 feet
from a residential district boundary line, provided that a permanent
visual screen, including a planting area approved by the Shade Tree
Commission, shall be installed.
E.
Front yards. Minimum front yards shall be 50 feet,
and no parking shall be permitted on the required minimum front yard.
F.
Side yards. Except as provided in Subsection D above, every property in a Commercial Retail District shall have two minimum side yards of 20 feet each, except corner property.
[Amended 3-28-2013 by Ord. No. 925]
G.
Rear yards. Except as provided in Subsection D above, rear yards shall be a minimum of 50 feet in depth.
H.
Planned development consisting of a grouping of uses
in one or more structures, portions of which are held in separate
ownerships, may be permitted by special exception.
The maximum height of any building erected or
used in this District shall be 35 feet, except that the height of
any building may be increased to a maximum of 65 feet, provided that
for every foot of height increase in excess of 35 feet there shall
be added to each yard requirement one corresponding foot of width
or depth. Structures, except chimneys and flagpoles, may be erected
above the roofline, shall be erected within a recession of one foot
for each one foot of additional height, and must be designed to be
compatible with the architectural treatment of the building.
No merchandise shall be displayed, sold or leased
outside the walls of a building, except:
Noise levels shall conform to Township, state
and federal regulations, but in no case shall outside speakers for
music or voice amplification be permitted.
Lighting shall be arranged in a manner which
will protect the highway and neighboring properties from direct glare
or hazardous interference of any kind.
Front, rear and side yards shall be landscaped
and, where adjacent to residential districts or where otherwise required,
screened by use of plantings and/or walls, berms or fences of suitable
height and composition to effectively protect adjacent properties.
All landscaping and screening plans shall be reviewed by the Shade
Tree Commission and shall include size, location and species of all
new or existing plant materials proposed to be used and size and location
of all walls, berms or fences.
No use shall be permitted which does not meet
Township, state or federal standards.
All utilities shall be located underground,
and all waste storage and disposal facilities shall be screened as
part of the architectural treatment of the building.
Air conditioners may be of the single-unit or central-unit type. If single unit, they must not protrude from the natural wall line and must be designed in accordance with the overall architectural treatment of the building. If of the central-unit type, with the unit on the roof, the unit must be recessed in accordance with § 116-94 above of this article.
[Amended 7-28-2011 by Ord. No. 907]
A.
When deemed appropriate by the Zoning Officer, plans for any Commercial Retail CR-H or CR-L use shall be submitted to the Planning Commission prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXX, and such plans shall include, in addition to other applicable requirements, the following:
[Amended 3-28-2013 by Ord. No. 925]
(1)
The site plan shall include detailed information
concerning the following:
(a)
The location of all present and proposed buildings,
sidewalks and other areas to be devoted to pedestrian use, drives,
fire lanes, parking lots, loading and unloading areas and other construction
features; and all buildings, streets, highways, streams, floodplains,
and other topographical features of the lot within 200 feet of any
lot line.
(b)
The location, size in square feet, dimensions
and arrangements of areas and buildings devoted to any purpose.
(c)
A description of any land uses proposed, including
approximate number of employees and/or residents and an indication
of the number of visitors, in sufficient detail to indicate the effects
of those operations in producing traffic congestion, noise, glare,
air pollution, water pollution, fire hazards or safety hazards.
(d)
Engineering and architectural plans for the
treatment and disposal of liquid and solid wastes, including the general
storm drainage system.
(e)
Access provisions for fire equipment.
(f)
The stages, if any, which will be followed in
the construction and/or alteration.
(g)
A statement of financial responsibility as to
the developer's ability to proceed with the alterations and/or construction
if the plans are approved.
(i)
Any other data or evidence that the Planning
Commission may require.
(2)
The architectural drawings shall include evidence
and facts showing that the proposed alterations and/or new construction
shall be compatible with architectural qualities prevalent in the
district. As such it shall include suitable information concerning
the following essential considerations:
(a)
The exterior changes to be made or the exterior
character of the structure to be erected.
(b)
A list of the surrounding structures with their
general exterior characteristics.
(c)
The effect of the proposed change upon the general
architectural nature of the district.
(d)
The appropriateness of exterior architectural
features.
(e)
The general design, arrangement, texture, material
and color of the building or structure and the relation of such factors
to similar features of buildings or structures in the district.
(f)
The appropriateness of the work proposed as
it will preserve the architectural quality and nature of the district.
B.
The Planning Commission shall review all plans for
commercial uses submitted to it and shall submit these plans, together
with any recommended conditions for the issuance of a permit, to the
Zoning Officer.
[Amended 3-28-2013 by Ord. No. 925]
C.
(Reserved)
D.
As a guide for recommendations by the Planning Commission
on any commercial plan, the following provisions shall be considered:
(1)
That the plan is consistent with the Comprehensive
Plan for the orderly development of the Township with the purpose
of this chapter to promote the health, safety, morals and the general
welfare of the Township.
(2)
That the appropriate use of the properties adjacent
to the area included in the plan will be safeguarded.
(3)
That the development will consist of a harmonious
grouping of buildings, service and parking area circulation and open
spaces, planned as a single unit, in such manner as to constitute
a safe, efficient and convenient commercial site.
(5)
That there is adequate provision made for safe
and efficient pedestrian and vehicular traffic circulation within
the boundaries of the site.
(6)
That provision is made for safe and efficient
ingress and egress to and from public streets and highways serving
the site without undue congestion to or interference with normal traffic
flow, including pedestrian traffic, within the Township.
(8)
That all buildings within the development shall
be served by a central sanitary sewage disposal system.
(9)
That, if the development is to be carried out
in progressive stages, each stage shall be so planned that the foregoing
requirements and intent of this chapter shall be fully complied with
by the development or completion of any stage.
A.
CR-H Commercial Retail-High. In a CR-H Commercial
District, a building may be erected or used and a lot may be used
or acquired for the following purposes:
(1)
Sale at retail of any of the following: dry
goods, variety and general merchandise, clothing, food, beverages,
flowers, pharmaceuticals, household supplies or furniture, sale or
repair of jewelry, watches, clocks, optical goods, musical, professional
or scientific instruments.
(2)
Barbershops, hairdressers, tailor shops, laundry
and dry-cleaning pickup station, self-service automatic laundry, dry
cleaning and other similar shops providing personal services.
(3)
Bank or financial institution, telephone exchange,
public utility office, business office, or the following professional
offices: architect, chiropractor, dentist, osteopath, podiatrist,
physician, professional engineer, certified public accountant, attorney.
(4)
Buildings for municipal use, police or fire
protection.
(5)
Bakery or confectionery, for the production
of articles to be sold at retail on the premises, provided that all
baking or processing on the premises shall be only incidental or accessory
to the retail sale outlet which shall be the principal use.
(6)
The following additional uses when authorized
by a special exception:
(a)
Restaurants, tearoom, cafe, taproom, confectionery
or similar establishment serving food or beverage within the building
on the premises, but excluding establishments that permit eating and
drinking on the premises outside of the building.
(b)
Any use permitted in Institutional District.
[Added 10-21-1982 by Ord. No. 442]
(c)
Clubs, fraternities, lodges, residential clubs,
boardinghouses and rooming houses.
[Added 2-14-1985 by Ord. No. 505]
(d)
Cabarets.
[Added 10-24-1985 by Ord. No. 522]
(7)
A commuter rail station (CRS), when authorized
by the Board of Supervisors as a conditional use. The Board of Supervisors
may grant approval for a CRS, provided that the following conditions
are satisfied:
[Added 1-25-2001 by Ord. No. 734]
(a)
The CRS shall be located at a passenger train
stop, authorized by the local passenger rail authority or such entity
authorized to provide passenger train service.
(b)
If more than one parcel comprises the CRS, the
parcels shall be contiguous, adjoining or functionally related by
pedestrian or vehicular access as demonstrated through the plan submitted
by the applicant.
(c)
The combined areas of the parcels of land, on
both sides of the track, shall not be less than four acres.
(d)
The application for development shall be accompanied by a plan or plans, which shall comply with all requirements of Chapter 105, Subdivision and Land Development, and Chapter 116, Zoning, of the Whitemarsh Township Code and any other applicable ordinances and/or chapters of the Whitemarsh Township Code. The plan or plans shall clearly designate the proposed use of each area of the parcel(s).
(e)
The parcel(s) of land shall be in single ownership
and shall be developed in accordance with the plan or plans.
(f)
When a commuter rail station is permitted as
a conditional use, the following regulations shall apply:
[1]
Parking stall dimensions may be nine feet wide
by 18 feet long.
[2]
All yard setbacks shall be no less than 20 feet. When adjacent to a residential use, the Board of Supervisors may require buffering in accordance with Chapter 105, the Subdivision and Land Development Regulations of the Whitemarsh Township Code. Any such buffering shall have a maximum width of 20 feet and shall be located within required yard areas.
[3]
A maximum of 30 parking spaces may be placed
in a row and a maximum of 45 parking spaces may be placed together
in any parking area. A curved planter island, not less than nine feet
in width, shall be located at the end of each parking row. Opposing
rows of parking spaces are permitted without any landscaping or paved
separation.
(8)
Sales of consumer fireworks shall be permitted by conditional
use, subject to compliance with the Pennsylvania Fireworks Law and
the following regulations.
[Added 10-25-2018 by Ord.
No. 989]
(a)
Such use shall not be located within 1,500 feet of any premises
selling alcohol, malt or brewed beverages for consumption on or off
premises.
(b)
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.
(c)
No sales shall be made to minors.
(d)
Any structure containing quantities of consumer fireworks exceeding
50 pounds shall be located 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, a natural gas line.
(e)
Such use shall not be located within 1,500 feet of any premises
selling firearms.
(f)
Hours of operation shall be confined to the hours of 9:00 a.m.
to 7:00 p.m.
(g)
All sales of consumer fireworks shall be conducted only within
a facility approved by the Pennsylvania Department of Agriculture,
pursuant to the Pennsylvania Fireworks Law, such facility being exclusively
dedicated to the storage and sale of consumer fireworks and related
items.
(h)
The operator of the facility shall provide security thereon,
24 hours per day/seven days per week.
(i)
All plans for construction, use or renovation of an existing
building for the purposes of selling consumer fireworks shall be reviewed
by a Township code enforcement officer for compliance with all required
firesafety codes, including, but not limited to, the International
Fire Code, and such review comments and/or report shall be submitted
to the Township-designated fire company.
(j)
If the facility in which the sale of consumer fireworks is conducted
is a temporary structure, the facility shall comply with the following
regulations, in addition to the other regulations set forth in Subsection
A(8)(a)-(h):
[2]
The sales period shall be limited to June 15 through July 8
and December 21 through January 2 of each year.
[3]
The temporary structure shall be in use for a period of 20 consecutive
calendar days or less.
[4]
The area of the temporary structure shall not exceed 2,500 square
feet.
[5]
Written consent from the property owner must be submitted to
the Township by any person or company proposing to sell consumer fireworks
from a temporary structure that does not own the property on which
sales are to occur.
[6]
Parking shall be made available in the amount of one space for
each person involved in the sale of consumer fireworks, plus a minimum
of three additional spaces. For shared parking arrangements, the person
or company proposing to operate a temporary structure must provide
proof of written consent from the property owner or his/her designee
to share the required number of parking spaces.
[7]
The temporary structure shall be located no closer than 250
feet from a facility storing, selling or dispensing gasoline, propane
or other flammable products.
[8]
The temporary structure shall be located one of the following
distances from a permanent facility licensed to sell consumer fireworks
under the Act of May 15, 1939 (P.L. 134, No. 65), at the time of the
effective date of this article:
[9]
A minimum of two ABC five-pound fire extinguishers must be kept
on site at all times.
[10]
Consumer fireworks not on display for retail sale
shall be stored in an outdoor storage unit, permitted as an accessory
use to the sale of consumer fireworks, and shall be separated from
the wholesale or retail sales area to which a purchaser may be admitted
by appropriately rated fire separation.
[11]
No live displays may occur on site.
[12]
All signage must be stored within the temporary
structure when sales are not occurring.
[13]
Exit signs must be visible inside the temporary
structure, and an evacuation plan shall be posted in a conspicuous
location in accordance with NFPA 1124.
[14]
Any lighting shall be directed toward the temporary
structure, and no glare shall extend off site or onto adjacent roadways.
[15]
The temporary structure shall comply with NFPA
1124, as it relates to retail sales of consumer fireworks in temporary
structures.
[16]
The temporary structure shall have a minimum of
$2,000,000 in public and product liability insurance.
(k)
All permanent facilities shall comply with all other zoning
requirements governing this district.
B.
CR-L Commercial Retail. In a CR-L Commercial District,
a building may be erected or occupied for the following purposes:
(1)
Any use permitted in CR-H District.
(2)
Carpentry, cabinetmaking, furniture or upholstery
shop, electrician shop, metalworking, blacksmith, tinsmith, plumbing
and gas, steam or hot-water fitting shop, paint or paperhanger shop.
(3)
Funeral homes.
(4)
Laboratories.
(5)
A gasoline service station, when authorized
as a special exception. A finding that the proposed gasoline service
station is within 500 feet of a church, school, public library, public
recreation area or other gasoline service station may alone support
a conclusion by the Zoning Hearing Board that the proposed gasoline
service station would be contrary to the general welfare of the community.
Gasoline service stations authorized pursuant to this provision shall
conform to the following additional requirements:
(a)
The doors giving access to the service areas
or bays of the principal building shall be located to the rear or
side of the main building so that, to the extent that it is reasonable,
they shall not be visible from the street or streets upon which the
site has frontage.
(b)
Parallel to and along the entire length of the
streets upon which the site has frontage, with the exception of the
driveway areas, a planted area of a minimum width of four feet shall
be maintained.
(c)
No vehicles shall be parked within 60 feet of
the street or streets upon which the site has frontage, although automobiles
may stop in these areas at the service islands to receive gasoline,
oil, water, and for minor servicing.
(6)
Any other lawful use in the category of retail
or wholesale sales or customer service, when authorized as a special
exception.
(7)
A commuter rail station (CRS), when authorized by the Board of Supervisors as a conditional use, as per § 116-104A(7) above.
[Added 1-25-2001 by Ord. No. 734]
In considering the application for use under
special exception in a CR Commercial Retail District, the Zoning Hearing
Board shall without limitation determine that the use is in compliance
with the following requirements:
A.
That the proposed use and plan is consistent with
the Comprehensive Plan for the orderly development of the Township
with the purpose of this chapter being to promote the health, safety,
morals and the general welfare of the Township.
B.
That the appropriate use of the properties adjacent
to the area included in the plan will be safeguarded.
C.
That the development will consist of a harmonious
grouping of buildings, service and parking area, traffic circulation
and open spaces and that it is planned as a single unit in such manner
as to constitute a safe, convenient and efficient commercial site.
D.
That the proposed use will not create a traffic problem
for either vehicular or pedestrian traffic.
E.
That adequate services of the same or similar nature
are not presently available within the normal travel limits for such
services.
F.
That all other Township requirements are adhered to.
