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;
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.
(4)
Entertainment and commercial indoor recreation establishments.
(6)
Medical
marijuana dispensary facility.
[Added 4-25-2022 by Ord. No. 212]
(a)
The use of a building for the dispensing of medical marijuana
shall be permitted only upon grant of a special exception to an applicant
possessing a valid permit issued by the Commonwealth of Pennsylvania,
in accordance with the criteria and process set forth in the Borough's
Zoning Code, for properties located in the Business (B) Zoning District,
where the property fronts the arterial highway of Route U.S. 1.
(b)
Signage for all medical marijuana dispensary facilities shall
be limited to the name of the business only, shall follow the Borough's
sign regulations and shall contain no advertising of any companies'
brands, products, goods, or services or any drug-related symbols.
(c)
The medical marijuana dispensary facility shall only be in a
secure facility with every entrance and exit thereto dedicated solely
to the dispensary facility. There shall be no passageways connecting
the dispensary to any other facility. All common walls of the dispensary
shall be fire walls subject to approval by the Borough's Building
Code Official to assure the facility is secure. The building in which
any medical marijuana dispensing facility is located, as well as the
operations as conducted therein, shall fully comply with all applicable
rules, regulations and laws, including, but not limited to, zoning
and building codes, the Borough's business license ordinances,
the Revenue and Taxation Code, the Americans with Disabilities Act[1] and the MMA.[2]
(d)
A medical marijuana dispensary facility shall not be located
within 250 feet of any residential zoning or residential use boundary
or within 1,000 feet of any public, private or parochial schools or
day-care centers. The distance shall be measured in a straight line
from the closest exterior wall of the building or portion thereof
in which the dispensary is located to the closet property line of
the protected district or use, regardless of the municipality in which
it is located.
(e)
The operators of all medical marijuana dispensary facilities
shall provide the Borough's Secretary or designee with the name,
phone number, facsimile number and email address of an on-site representative
to whom the Borough and the public can provide notice if there are
any operational problems associated with the medical marijuana dispensary
facility. All marijuana dispensary facility shall make every good
faith effort to encourage residents and the public to call this representative
to resolve any operational problems before any calls or complaints
are made to the Borough or local law enforcement. There shall be "No
loitering" signs posted in the parking lots at all medical marijuana
dispensary facilities.
(f)
Security cameras shall be installed and maintained in good working
condition and used in an ongoing manner with at least 120 concurrent
hours of digitally recorded documentation as a condition of the grant
of the special exception. The camera shall be in use 24 hours a day,
seven days a week. The areas to be covered by the security cameras
shall include, but are not limited to, the storage areas, all doors
and windows, waste facilities, and any other areas as required by
the conditions imposed as part of the grant of the special exception.
Any and all recordings shall be kept for a period of at least two
years.
(g)
The Borough's Building Code Official and law enforcement
personnel shall have the right to enter the indoor medical dispensary
facility with due cause for making reasonable inspections, to observe,
and to enforce compliance with this subsection, all laws of the Borough,
and all state laws.
(h)
The application for a special exception shall include, at a
minimum, the following information:
[1]
An estimate of the size of the proposed indoor medical marijuana
dispensary facility.
[2]
The address of the location for which the special exception
is sought.
[3]
A site plan and floor plan for the proposed premises denoting
the use of all areas of the premises, including storage, lighting,
signage, access, parking, etc.
[4]
A proposed security plan in compliance with the MMA and a detailed
traffic study.
[5]
The name and address of the owner and lessor of the real property
upon which the indoor dispensary facility activities are proposed
to be conducted. In the event the applicant is not the legal owner
of the property, the application must also have a notarized acknowledgement
from the owner of the real property that an indoor dispensary facility
will be operated on the property.
[6]
Evidence that the indoor dispensary facility will be in full
compliance with the requirements of the MMA.
[7]
The location of any other existing or proposed dispensaries
within 3,000 feet of the site.
(i)
Enforcement.
[1]
Any party who engages in a violation of this subsection, or
who owns, possesses, controls, or has charge of any parcel of real
property in the Borough upon which a violation of this subsection
is maintained, shall be subject to the penalties and remedies provided
by this subsection.
[2]
Any violation of this subsection shall constitute a separate
offense for each day the violation occurs or persists.
[3]
Any person in violation of any provision of this subsection
shall be punishable by a fine of up to $1,000 per offense.
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:
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.
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:
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.
