Township of Middletown, PA Article XV C Commercial District

§ 500-1501 Purpose and intent.

The purpose of the Commercial District is to provide reasonable standards for the orderly expansion of general retail and other commercial uses in areas where a nucleus of such uses already exists or where, due to the character of the undeveloped land, the application of shopping center standards is not feasible. The standards of this district are designed to provide for the public convenience and to fulfill the other broad purposes of the chapter as set forth in § 500-101.

§ 500-1502 Use regulations.

[Amended 8-18-1992 by Ord. No. 92-8; 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02; 9-20-1994 by Ord. No. 94-15; 10-2-2001 by Ord. No. 01-13]

A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other, provided that no use which is noxious or hazardous shall be permitted except in accordance with Article XXV of this chapter.

A. Retail store, subject to the regulations set forth in Article XXIII, § 500-2316, of this chapter.

[Amended 7-11-2006 by Ord. No. 06-12; 5-20-2008 by Ord. No. 08-05]

B. Bakery, confectionery or custom shop for articles to be sold at retail on the premises.

C. Personal service shop, such as, but not limited to, the following: barbershop, beauty parlor, shoe repair shop, dry-cleaning pickup store, tailor shop, automatic self-service laundry or dry-cleaning store.

D. Eating establishment.

(1) Restaurant, cafe or other similar place serving food and beverages without drive-in service or takeout service.

(2) Restaurants having drive-in or takeout service when authorized by the Zoning Hearing Board as a special exception, provided that:

(a) No such establishment shall be located within 500 feet of an existing residence.

(b) The owner shall agree to enforce no-loitering regulations outside the premises.

(c) The hours of operation shall be limited to 7:00 a.m. to 12:00 midnight.

E. Amusement or recreational establishment such as bowling alley, swimming pool, skating rink, dance hall, golf driving range and indoor theater when authorized by the Board of Supervisors as a conditional use, provided that:

(1) No such establishment shall be located within 500 feet of an existing residence.

(2) The minimum lot area shall be 40,000 square feet.

(3) The owner shall agree to enforce no-loitering regulations outside of the premises.

F. Professional, business or government office.

G. Bank or similar financial institution.

H. Mortuary or funeral home.

I. Parking lot, which use shall not include any on-site dispensing of motor vehicle petroleum fuels and/or lubricants.

J. Electric substation, telephone or telegraph office.

K. General service shop such as upholsterer, electrician, plumber and repair shop for items including, but not limited to, appliances, lawn mowers, watches, bicycles, locks or small business machines.

L. Newspaper or job printing.

M. Apartment for one family in combination with a business use when occupied by the owner or caretaker.

N. Shopping center. A group or groups of integrated buildings on a site of two acres or more within which retail trade and related service activities are collected, subject to the following requirements:

(1) All buildings shall take access from an internal drive or roadway.

(2) The shopping center shall be designed as a complex of related structures and circulation patterns and shall include improvements for internal drives, coordinated utilities, landscaping and buffering.

(3) The shopping center shall conform in all respects to the use regulations and area, dimensional and design requirements of §§ 500-1602 and 500-1603 of this chapter. Other allowable uses shall be limited to amusement or recreational establishments, as set forth in § 500-1502E, and motor vehicle service stations, as set forth in § 500-1502Q of this chapter. The requirements of § 500-1502J of this chapter shall apply to all shopping center uses fronting on Lincoln Highway.

O. Tourist house, hotel or motel when authorized by the Board of Supervisors as a conditional use in accordance with the following standards and criteria:

(1) Such establishment may furnish sleeping accommodations only for tourists or short-term (10 days or less) transient guests.

(2) The minimum lot area shall be 40,000 square feet.

(3) Cooking and housekeeping units shall not be provided as a part of this land use.

P. Motor vehicles sales establishments when authorized by the Board of Supervisors as a conditional use in accordance with the following standards and criteria:

(1) The minimum lot area shall be 60,000 square feet.

(2) There shall be minimum frontage of 200 feet on the street.

(3) Buffer yard. Twenty feet or as specified in § 500-1503, whichever is greater. The buffer yard shall be provided along the perimeter of the lot and shall be in accordance with the provisions of § 500-2605 of this chapter.

(4) No motor vehicles offered for sale shall be displayed in the required yards set forth in Subsection P(3) above or in § 500-1503.

(5) A motor vehicle sales establishment shall not include any on-site dispensing of motor vehicle fuels to patrons or the general public, unless such fuels are included as part of a single sale of a motor vehicle or are primarily intended for use as lubricants and not as combustibles.

(6) No streamers or festoon lighting, comprising a group of incandescent light bulbs, shall be hung or strung on a building or structure. In addition, light bulbs not shielded, hooded or otherwise screened to prevent the direct rays of the light from shining on an adjacent property or right-of-way are prohibited.

(7) Automobile painting, bodywork or automobile repairs shall be permitted on the premises, provided all repair and paint work shall be performed within a closed building. All automobile parts, refuse and similar articles shall be stored within a building or fully enclosed area.

(8) All driveways and paving areas shall be constructed of asphalt or concrete.

(9) Outdoor storage of tires, machines, tools, automotive parts and equipment shall be prohibited.

(10) Every motor vehicle sales establishment shall have a permanent building for offices, show rooms and display which shall have a minimum of 900 square feet of floor area.

(11) Sales shall be limited to new or used passenger vehicles. The sale of new or used motorcycles, campers, trucks, busses, tractors, trailers and other similar vehicles shall be prohibited.

Q. Motor vehicle service station when authorized by the Board of Supervisors as a conditional use, provided that:

(1) The motor vehicle service station is operated as a retail business for the sale directly to consumer-vendees of the following products and services only:

(a) Gasoline or substitute fuels, as well as lubricants, solvents, detergents and other liquids, solids, prefabricated equipment or parts which are reasonable and necessary for the operation and function of motor vehicles; limited, however, to the dispensing or application thereof directly in, into or on the fuel tank, engine or other integral parts of a motor vehicle of a consumer-vendee.

(b) Services and noncombustible merchandise directly related or accessory to motor vehicles; limited, however, to such services and merchandise which are sold or incidentally provided to the consumer-vendee of such motor vehicle.

(c) Consumer products dispensed by automatic vending machines and intended for consumption, such as food, beverages and tobaccos.

(2) Except for access drives and curbing, the front yard to a depth of 15 feet shall be planted and landscaped in accordance with the reasonable recommendations of the Middletown Township Planning Commission. The required side and rear yard setbacks shall be planted and landscaped in accordance with the reasonable recommendations of the Middletown Township Planning Commission. No paving or parking shall be permitted in the required side or rear yards.

(3) Fuel pumps may be located no closer than 30 feet to any street line, except that the appurtenant fuel tank supplying such pump may be located without regard to such limitations but shall at all times be underground and protected against leakage of any flammable and volatile liquids. Approval shall be secured from the Pennsylvania State Police Fire Marshal for the underground storage of fuel.

(4) In order to minimize the dangers and disturbances from flammable, noxious, malodorous, noisome and/or hazardous activities and products to which the community and general public may be exposed, the following limitations are imposed on any proposed use in this district:

(a) All services, sales, merchandise and products shall be performed, transacted, provided and stored within an enclosed building, except for the following:

[1] Products dispensed by automatic vending machines.

[2] Fuel pump sales.

[3] Merchandise and products which may be provided at or incidental to fuel pump sales.

(b) Services and sales, except for self-service pumping of fuel, shall be performed only by the owners or tenants of the building or lot and their employees.

(5) Access drives shall meet the following standards:

(a) The maximum width of an access drive shall be 30 feet, measured at the curb.

(b) For one access drive to be located on a street, the minimum lot width along such street shall be 150 feet. For two access drives to be located on a street, the minimum lot width shall be 200 feet.

(c) No more than two access drives shall be located on any one street, and such access drives shall be at least 105 feet apart, measured center line to center line, and at least 40 feet from the point of intersection of any intersecting street lines.

R. Retirement community, being a form of residential use for retiring and aging persons containing certain support facilities for them which will offer a continuum of care as they age. Uses permitted in a retirement community shall consist of the following:

(1) Retirement living units which shall be grouped in order to share common elements, which may include common outside access. Each building shall contain at least three living units in a single structure.

(a) Each dwelling unit shall have no more than two bedrooms. The minimum habitable size of each dwelling unit shall be as follows:

	Type of Unit	Minimum Habitable Size of Each Dwelling Unit (square feet)
	Efficiency	400
	One-bedroom	500
	One-bedroom with den	700
	Two-bedroom	800

(2) Personal care facilities shall be permitted where persons may reside who have previously lived independently but who have developed a need for personalized care. A personal care facility is an establishment in which food, shelter, personal assistance or supervision are provided for periods exceeding 24 hours for more than three adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration, but who do not require hospitalization or care in a skilled nursing or intermediate care facility. Such facility shall comply with the Pennsylvania Department of Public Welfare regulations for personal care facilities.

(3) Day-care facilities for elderly, nonresidents of the retirement community may be operated by the retirement community as a service to the community and as an alternative form of care, whereby persons needing care may live with their children or their guardian during aging years but may be left in the care of qualified persons during working hours.

(4) Retail facilities, administrative and activity areas shall be permitted for the use of residents and their guests. No outside advertising shall be permitted for the retail facilities. The retail facilities may include the following:

(a) Barbershop and beauty shop.

(b) Pharmacy.

(c) Commissary.

(d) Newsstand.

(e) Gift shop.

(f) Snack bar/coffee shop.

(5) Common facilities required to support the needs of retiring and aging persons, such as dining facilities, kitchens and accessory facilities, as well as social rooms, meeting rooms, overnight guest rooms, activity rooms, crafts and hobby shops, library and similar type uses, shall be permitted.

(6) Accessory uses on the same lot with and customarily incidental to retirement community uses shall be permitted.

(7) Area and dimensional requirements. The retirement community use in a C Commercial District shall meet the following requirements:

(a) Minimum site area: 10 acres.

(b) Maximum density: 12 units per acre.

(c) Maximum building coverage: 30%.

(d) Minimum open space area: 40%.

(e) Minimum building setback.

[1] Street lines: 100 feet.

[2] Other property lines: 75 feet.

(f) Maximum building height: four stories or 50 feet, whichever is less.

(g) Buffer yard. Along any adjacent land in Middletown Township zoned for or in residential use, a buffer yard of not less than 75 feet shall be provided. However, where such adjacent land in a residential development is designated open space, parking shall be permitted in the interior 25 feet of the buffer yard.

(8) Utilities. Each retirement community shall be supplied with public sewer and water facilities. All telephone and electric lines shall be installed underground.

(9) Off-street parking. There shall be 0.75 parking space per dwelling unit and 0.75 parking space per health-care facility bed.

S. Transient dwelling.

[Added 6-6-2016 by Ord. No. 16-01[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections S through V as Subsections T through W, respectively.

T. Medical marijuana dispensary when authorized by the Board of Supervisors as a conditional use in accordance with the following standards and criteria:

[Added 1-17-2017 by Ord. No. 17-03[2]]

(1) The medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should such registration at any time be revoked or denied, any Township approval of the use shall immediately become null and void.

(2) A medical marijuana dispensary shall at all times operate in full and complete compliance with all Department of Health regulations relating to such facilities.

(3) A medical marijuana dispensary may not operate on the same lot or site as a facility used for growing and/or processing medical marijuana.

(4) A medical marijuana dispensary shall not be located within 1,000 feet of a residentially zoned lot or a lot containing a public, private or parochial school, day-care center, place of worship, public park, library and/or community center.

(5) A medical marijuana dispensary shall not be located within 2,000 feet of a licensed residential substance abuse diagnostic and treatment facility and/or any other licensed drug or alcohol rehabilitation facility.

(6) A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility.

(7) No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

(8) No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.[3]

[3] Editor's Note: See 35 P.S. § 10231.506.

(9) The hours of operation shall not be earlier than 7:00 a.m. and shall not be later than 10:00 p.m.

(10) No exterior sales or sidewalk displays shall be permitted.

(11) No drive-through services shall be permitted.

(12) No outdoor seating areas shall be permitted.

(13) The use cannot be advertised on radio or television.

(14) There shall be no emission of dust, fumes, vapors and/or odors that can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is located.

(15) The secured storage area for medical marijuana at a medical marijuana dispensary shall not exceed 1/3 of the total gross floor area.

(16) No outdoor storage is permitted.

(17) A medical marijuana dispensary shall submit a refuse disposal plan to be reviewed and approved by the Township. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

(18) A medical marijuana dispensary shall submit a security plan to the Township, demonstrating how the plan will maintain effective security and control of the facility. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Chapter 7 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act. The medical marijuana dispensary shall also provide to the Township copies of all reports to be submitted to the Department of Health pursuant to the Medical Marijuana Act and the regulations promulgated by the Department of Health pertaining to the security and control of the facility and pertaining to the building and structures associated with the medical marijuana dispensary.

[2] Editor's Note: This ordinance also redesignated former Subsection T through W as Subsections U through X, respectively.

U. Accessory use on the same lot with and customarily incidental to any permitted use in the district.

[Amended 1-17-2017 by Ord. No. 17-03]

V. Signs when erected and maintained in accordance with the provisions of Article XXVIII.

W. Any use of the same general character as any of the above-permitted uses, when approved and authorized as a conditional use by the Board of Supervisors.

X. Forestry/timber harvesting, pursuant to the regulations set forth in Article IV, § 500-402M.

[Amended 1-17-2017 by Ord. No. 17-03]

Y. Permanent facilities for sale of consumer fireworks by special exception.

[Added 7-15-2019 by Ord. No. 19-05]

(1) "Consumer fireworks" and "display fireworks" shall have the same meanings as the terms in Act 43 of 2017.

(2) Permanent facilities for sales of consumer fireworks may only be permitted in accordance with the following conditions:

(a) The facility must be licensed by the Pennsylvania Department of Agriculture.

(b) The facility must comply with the Pennsylvania Construction Code Act, the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

(c) The facility must be a stand-alone permanent structure.

(d) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.

(e) The facility shall be located no closer than 250 feet to the property line of a facility selling or dispensing gasoline, propane or other flammable products.

(f) The facility shall be located at least 1,500 feet from the property line of another facility licensed to sell consumer fireworks.

(g) The facility shall have a monitored burglar and fire alarm system.

(h) Quarterly fire drills and preplanning meetings shall be conducted as required by the local volunteer fire department with jurisdiction over the site of the proposed facility.

(i) This use must comply with the regulations for retail stores set forth in Article XXIII, § 500-2316, of this chapter.

(j) The facility shall be constructed, maintained, and operated in accordance with all Pennsylvania Department of Agriculture requirements and all standards set forth in Act 43 of 2017, including, but not limited to, the following:

[1] There shall be security personnel on the premises for the seven days preceding and including July 4 and for the three days preceding and including January 2.

[2] No smoking shall be permitted in the facility.

[3] No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility.

[4] No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.

[5] All facilities shall carry at least $2,000,000 in public and product liability insurance.

[6] A licensee shall provide its employees with documented training in the area of operational safety of a facility. The licensee shall provide proof to the Township that it has provided written documentation to the Department of Agriculture that each employee has received the training.

[7] No display fireworks shall be stored or located at a facility.

[8] No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.

[9] Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.

(3) The facility shall comply with the lot, dimensional, area, and parking requirements of the C District, as applicable, including but not limited to setbacks and buffers, with the exception of the following:

(a) The facility shall be no closer than 150 feet to any pipeline right-of-way.

(b) The facility shall be located no closer than 600 feet to the property line of schools, day-care centers, nursing homes, hospitals, civic buildings, or dwellings.

(4) Application for permit. An applicant for a permanent facility for sales of consumer fireworks shall submit an application for a special exception that contains, at a minimum, the following:

(a) Pennsylvania Department of Agriculture license.

(b) Proof of at least $2,000,000 in public and product liability insurance.

(c) Emergency evacuation plans.

(d) A site plan demonstrating compliance with setback requirements.

(e) Evidence of procedures to ensure compliance with Pennsylvania Department of Agriculture requirements, including, but not limited to, prevention of smoking in the facility, security measures, and restriction of unaccompanied minors in the facility.

Z. Temporary facilities for sale of consumer fireworks accessory to existing retail uses, by special exception.

[Added 7-15-2019 by Ord. No. 19-05]

(1) Definitions.

CONSUMER FIREWORKS

Shall have the same meaning as in Act 43 of 2017.

OUTDOOR STORAGE UNIT

A consumer fireworks building, trailer, semitrailer, metal shipping container, or magazine meeting the specifications of the Pennsylvania Construction Code Act,[4] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

TEMPORARY STRUCTURE

A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail stands, tents, canopies, and membrane structures meeting the specifications of the Pennsylvania Construction Code Act,[5] the Uniform Construction Code, and the Township's Ordinances in effect at the time of the application. The term excludes a facility that is not licensed to sell consumer fireworks under federal and/or state law and that is required to be licensed.

[4] Editor's Note: See 35 P.S. § 7210.101 et seq.

[5] Editor's Note: See 35 P.S. § 7210.101 et seq.

(2) Temporary facilities for sales of consumer fireworks are only permitted as accessory to existing retail uses.

(3) Temporary facilities for sales of consumer fireworks may only be permitted in accordance with the following conditions:

(a) The facility must comply with the Pennsylvania Construction Code Act,[6] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

[6] Editor's Note: See 35 P.S. § 7210.101 et seq.

(b) The temporary structure is located no closer than 250 feet to the property line of a facility storing, selling or dispensing gasoline, propane or other flammable products.

(c) The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.

(d) The temporary structure is secured at all times during which consumer fireworks are displayed within the structure.

(e) The temporary structure has a minimum of $2,000,000 in public and product liability insurance.

(f) The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.

(g) Consumer fireworks not on display for retail sale must be stored in an outdoor storage unit.

(h) The facility must have a current evacuation plan that complies with the specifications of the Pennsylvania Construction Code Act,[7] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application, including all posting requirements.

[7] Editor's Note: See 35 P.S. § 7210.101 et seq.

(i) This use must comply with the regulations for retail stores set forth in Article XXIII, § 500-2316, of this chapter.

(4) The facility shall comply with the lot, dimensional, area, and parking requirements of the C District, including but not limited to setbacks and buffers, with the exception of the following:

(a) The facility shall be no closer than 150 feet to any pipeline right-of-way.

(b) The facility shall be located no closer than 600 feet to the property line of schools, day-care centers, nursing homes, hospitals, civic buildings, or dwellings.

(5) No smoking, cigarettes, tobacco products, matches, lighters, or other flame-producing devices shall be permitted within the temporary facility.

(6) No minor shall be permitted in the temporary facility unless accompanied by an adult at all times.

(7) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.

(8) Application for permit. An applicant for a temporary facility for sales of consumer fireworks shall submit an application for a special exception that contains, at a minimum, the following:

(a) All federal, state, and local licenses required for the facility to operate.

(b) Proof of at least $2,000,000 in public and product liability insurance.

(c) Emergency evacuation plans.

(d) A site plan demonstrating compliance with setback requirements.

(e) All application materials and permit decisions from the Township's Code Enforcement Officer and/or fire code official regarding the proposed facility's compliance with the Pennsylvania Construction Code Act,[8] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

[8] Editor's Note: See 35 P.S. § 7210.101 et seq.

(f) Evidence of procedures to ensure compliance with the requirements set forth above, including, but not limited to, prevention of smoking in the facility, security measures and restriction of unaccompanied minors in the facility.

§ 500-1503 Area, dimensional and design requirements.

[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]

Unless a greater area or dimensional regulation is stated in § 500-1502, Use regulations, for a specific use, all uses in the C District shall meet the following requirements:

A. Minimum lot area: 20,000 square feet.

B. Minimum lot width: 100 feet.

C. Maximum building coverage: 30%.

D. Maximum impervious surface ratio: 60%.

E. Maximum building height: 50 feet.

F. Minimum yards.

(1) Front: 50 feet.

(2) Side: 15 feet.

(3) Rear: 20 feet.

G. Minimum building spacing: 30 feet.

H. Buffer yard. Along any adjacent land zoned for or in residential or agricultural use, a buffer yard shall be provided which shall be not less than 75 feet in width, measured from the property line or from the street line. The buffer yard shall be in accordance with the provisions of § 500-2605.

I. Parking and loading. Off-street parking and loading space, pedestrian walkway and motor vehicle access shall be provided in accordance with the provisions of Article XXVII and the regulations of the Subdivision and Land Development Ordinance (Chapter 440).

J. Special planting strip. For properties fronting on Lincoln Highway, a twelve-foot-wide planting strip shall be provided along the road frontage. Additionally, the rearmost five feet of this planting strip shall be landscaped with trees and shrubs in a manner which is satisfactory to the Middletown Township Planning Commission.

K. A traffic and transportation impact study prepared in accordance with the requirements set forth in Chapter 440, Subdivision and Land Development, may be required depending upon applicability criteria.

L. Phasing of development and internal site improvements is permissible in accordance with the requirements of Chapter 440, Subdivision and Land Development, provided that all off-site improvements shall be included and completed within the first phase of development.