Borough of Chester Heights, PA
Delaware County
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B Business Districts are intended:
A. 
To provide sufficient space in appropriate locations for the types of shopping, professional and service establishments anticipated to be needed in the Borough.
B. 
To protect commercial development against intrusive uses which are incompatible with it and against objectionable influences such as noise or glare and from hazards of fire.
C. 
To provide appropriate space for the requirements of commerce including the provision of off-street parking spaces, safe circulation of pedestrian and motor traffic in the zone and in nearby areas.
D. 
To promote the most desirable use of land and pattern of building development in accord with a well-considered plan for the district as a whole and to protect the character of the area and nearby districts.
A detached building may be erected or used and a lot may be used or occupied for any one of the following purposes:
A. 
Uses permitted in R 3/4 District.
B. 
Retail store with a gross floor area not in excess of 10,000 square feet.
C. 
Restaurant.
D. 
Personal service shop.
E. 
Office or studio.
F. 
Bank or similar financial institution.
G. 
Accessory use on the same lot with and customarily incidental to any of the above permitted uses which may include:
(1) 
Storage within a completely enclosed building in conjunction with a permitted use;
(2) 
Living accommodations or sleeping quarters for the proprietor of a store or business establishment, or for a watchman or similar employee, provided that no such dwelling accommodations shall be located on the first floor;
(3) 
Signs as permitted in Article XVI; and
(4) 
Parking as required in Article XVII.
H. 
The following uses when authorized as a special exception by the Zoning Hearing Board, subject to the general standards provided in Article XV, and provided that special consideration shall be given to the suitability of the use in the proposed location;
(1) 
Gasoline station, automotive repair and or sales.
(2) 
Hotel, motel, or inn on a lot not less than two acres in size.
(3) 
Any use permitted by right in Subsections A through G above occupying a building 10,000 square feet or more in area.
[Amended 10-6-2014 by Ord. No. 198]
(4) 
Entertainment and commercial indoor recreation establishments.
(5) 
Any use of the same general character as those enumerated in Subsection F of this section.
I. 
Life care development on properties with at least 450 feet of frontage on Baltimore Pike when authorized as a conditional use by Borough Council.
[Added 10-6-2014 by Ord. No. 198]
A. 
Lot area and lot width. Every lot shall have a lot area of not less than 10,000 square feet and such lot shall be not less than 50 feet in width at the building line.
B. 
Building area. Not more than 50% of the area of each lot may be occupied by buildings.
C. 
Front yard. There shall be a setback on each street on which a lot abuts which shall be not less than 35 feet in depth.
D. 
Side yard. Side yards shall be provided on every lot as follows:
(1) 
For every detached building there shall be two side yards neither of which shall be less than 12 feet in width.
(2) 
Where a side yard is immediately contiguous to a residence district, the width of the side yard shall be equal to the side yard requirements in such residence district.
E. 
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet or 20% of the lot depth, whichever is greater.
F. 
Height. Buildings used for a life care development shall not exceed four stories or 45 feet in height. No other buildings shall exceed three stories or 35 feet in height.
[Amended 10-6-2014 by Ord. No. 198]
G. 
Special regulations.
(1) 
Every use other than parking facilities shall be completely enclosed within a building.
(2) 
No restaurant or similar use shall be conducted as a drive-in providing service directly to customers in motor vehicles, or food for immediate consumption outside the building.
(3) 
Along each side or rear yard property line which directly abuts a residence district in the municipality or a similar district in an adjoining municipality, a buffer planting strip as defined in § 185-4 not less than 15 feet in width shall be provided.
(4) 
With the exception of living plants, no storage or display of merchandise, articles, equipment or vending machines shall be permitted outside of a building unless by special exception, in which case no goods, articles or equipment shall be stored, displayed or offered for sale beyond the front lines of a building. In the case of a gasoline station, there shall be at least a twenty-foot setback from the front property line for placement of pumps and service islands.
(5) 
The off-street parking, off-street loading and special provisions relating to highway frontage prescribed in Article XVII shall apply in B Districts.
(6) 
Design standards prescribed in § 185-74E shall apply.
Whenever it shall be proposed that a single structure shall house or contain more than a single commercial use or entity or that there shall be constructed on a lot held in single and separate ownership, more than one structure to house or contain commercial uses, the following regulations shall apply:
A. 
Use regulation. A building or a unified group of buildings may be erected or used and a lot may be used or occupied for any of the following purposes as part of an integrated retail business development:
(1) 
Retail store.
(2) 
Restaurant.
(3) 
Offices or studio.
(4) 
Personal service shop.
(5) 
Bank or similar financial institution.
(6) 
The following additional uses when specifically authorized in accordance with the provisions of this article in conjunction with the total development of a unified commercial district not less than five acres in size for any use or combination of uses permitted in the district:
(a) 
Office building.
(b) 
Hotel, hotel or inn.
(c) 
Indoor place of amusement or recreation.
(d) 
Community or civic center building or use including library.
(e) 
Scientific research, testing or experimental laboratory.
(f) 
Hospital, medical or health center.
(g) 
Business or professional school.
(h) 
Automobile accessories store (not including service station).
(7) 
Accessory use on the same lot with and customarily incidental to any of the above permitted uses which may include:
(a) 
Storage within a completely enclosed building in conjunction with a permitted use.
(b) 
Living quarters for watchmen, caretakers or the staff or employees of a permitted institution, and
(c) 
Signs as permitted in Article XVI.
B. 
Area and height regulations.
(1) 
Lot area. The area of the lot or tract which is to be developed shall be not less than three acres except as is provided in § 185-74A(6) above and shall be a minimum of 300 feet in width at the street line.
(2) 
Building area. Not more than 40% of the total area or tract may be occupied by buildings nor more than 75% by buildings and all other impervious cover combined.
(3) 
Building placement. No building shall be located less than 50 feet from the street right-of-way or the other property line. Loading and service areas shall be located at the rear of the building.
[Amended 3-6-2000 by Ord. No. 155]
(4) 
Building height. Three stories not to exceed 35 feet.
C. 
Off-street parking and loading requirements. There shall be provided off-street parking and loading spaces as required by Article XVII. In addition to the requirements of Article XVII, in a unified commercial development, there shall be a green area of at least 20 feet between any parking and loading area and all street or highway right-of-way lines and property lines. The green area shall be bermed to an elevation of two feet above the parking surface for a minimum of 75% of its length. The green area shall be planted to minimize the glare of headlights of vehicles within the parking lot.
[Amended 3-6-2000 by Ord. No. 155]
D. 
Lighting. The parking and loading areas of any development authorized as a unified commercial district shall be provided with 0.75 lumens of light at any point from lighting standards not to exceed 15 feet in height and not located farther apart than 100 feet. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district and shall not cause sky glow.
E. 
Design standards.
(1) 
Screening. A completely planted visual barrier, or landscape screen, shall be provided between any B-1 District and any contiguous residentially zoned districts. This screen shall be composed of evergreen plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of evergreen trees planted with specimens no younger than three years in age and planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier.
(2) 
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with small trees and shrubs in accordance with an overall landscape plan.
(3) 
Adequate provision satisfactory to the Borough Engineer shall be made for water runoff control and sewage treatment.
(4) 
No more than 30 parking spaces shall be permitted in a continuous row without being interrupted by a landscaped area.
F. 
Applications for unified commercial development shall be made to the Borough Council. Such application shall comply with the provisions of Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights as to textual, diagrammatic and map material and shall be granted or denied or granted with modifications in accordance with the following procedures:
(1) 
An application for development of a lot or parcel of land for unified commercial development shall be made and approved or approved as modified before any permit for such use shall be issued. The application shall be made to the Borough Council and shall be referred by them to the Planning Commission for its investigation and recommendations to the Borough Council within 30 days of the date of application; failure to report within 30 days shall be deemed to indicate approval of the plan by the Planning Commission; provided, however that action or inaction by the Planning Commission shall be deemed to be advisory only.
(2) 
Development plan approval and procedure thereafter. The Borough Council shall hold a public hearing duly advertised in accordance with the provisions of the Municipalities Planning Code[1] before it shall approve any development application prepared and filed under this article. If, after hearing, the Borough Council approves the plan or approves the plan with modifications acceptable to the applicant, such approved plan shall accompany an application for a zoning permit.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.