G-C general commercial districts provide for the special requirements of retail commercial establishments which serve both the immediately surrounding community as well as out-of-town travelers and shoppers. G-C districts are designed to encourage attractive, compact retail commercial development in locations close to local residences, yet near arterial roads or major thoroughfares.

(Ord. No. 96-05, Art. VIII(800.0), 6-3-96)

A detached or semi-detached building may be erected or used and a lot may be used or occupied in a G-C district for any one or more of the following purposes:

(1)

Any use permitted in a BP district.

(2)

Retail stores for the sale of durable and nondurable household consumable goods.

(3)

Restaurant where food is either consumed primarily within the building, or where food is purchased on the premises or at a drive-thru window for consumption off the premises. Drive-in restaurants are prohibited.

(4)

Personal service shop or custom shop, such as a bakery, candy, ice cream or similar shops, custom tailoring or millinery shop, clock, watch or jewelry shop; radio, television, household appliance repair shop, or beauty, barber and shoe repair shop, or photography studio provided that:

a.

Any article made shall be sold at retail from the premises; and

b.

The area devoted to processing shall constitute not more than 40 percent of the gross floor area.

(5)

Hand or automatic self-service laundry; dry cleaning and/or clothes pressing agency excluding dry cleaning and/or clothes pressing plant;

(6)

Newspaper publishing or broadcast studio;

(7)

Telephone central office, transmission line, electric substation;

(8)

Office or studio;

(9)

Bank or similar financial institution, excluding a check casher, pawnbroker and/or pawnbroker establishment;

(10)

Integrated business center subject to the regulations of sections 232-384 through 232-386;

(11)

Club for civic, cultural or educational purposes but with no alcoholic beverages permitted;

(12)

Child, adult and senior citizen day care centers;

(13)

Religious institution: A convent, monastery, church, temple, synagogue, mosque, or similar religious institution, subject to the special requirements of subsection 232-358(b)(2);

(14)

The following uses when authorized as a special exception by the Zoning Hearing Board:

a.

Mortuary;

b.

Veterinarian with accessory domestic small animal, short-term interior boarding kennel;

c.

Motels and hotels of five habitable stories or less and lodging; shall be on a lot of not less than three acres for a one or two habitable story building; not less than 4.5 acres for a three habitable story building; not less than six acres for a four habitable story building; and not less the 7.5 acres for a five habitable story building and subject to the following special regulations:

1.

Not more than 30 percent of net lot area may be occupied by buildings and not more than 60 percent of net lot area may be impervious cover.

2.

No building or part of a building shall be erected within 75 feet from the ultimate right-of-way of a public street, road or highway nor within 75 feet from any other property line.

3.

Every building shall be located at least 40 feet from every other building on the same lot.

4.

The height of the structure shall be described by the number of habitable stories exclusive of the basement, parking stories and roof mounted mechanical systems.

d.

Manufacturing display room or retail outlet;

e.

High-rise buildings limited to, hotels or motels containing not less than 15 units, or business or professional office buildings, and including accessory customary business, commercial and professional uses, with no building less than six stories in height, on a lot of not less than nine acres, and subject to the following special regulations:

1.

Not more than fifteen percent of the net lot area may be occupied by buildings and not more than 60 percent of the net lot area may be covered by impervious cover.

2.

No building or part of a building shall be erected within 100 feet from the ultimate right-of-way of a public street, road or highway nor within 100 feet from any other property line.

3.

Every building shall be located at least 50 feet from every other building on the same lot.

4.

The height of the structure shall be described by the number of habitable stories exclusive of the basement, parking stories and roof mounted mechanical systems.

5.

Accessory business or professional office uses may include, and shall be limited to, those uses permitted in subsections 232-380 (4), (5), (6), (7), (8), (9), (10), without limitation upon area and location imposed thereupon. No dwelling, apartments or other residential uses shall be permitted in a business or professional office building, except as living quarters for watchpersons or caretakers.

6.

Accessory commercial uses in hotels or motels may include, and shall be limited to, the following:

(i) Area. Uses shall be permitted only in structures containing 25 or more units, rooms or suites at the minimum rate of 15 square feet for each unit, provided that the minimum area of such commercial or professional use shall be 250 square feet and a maximum area of 1,500 square feet per use.

(ii) No commercial use shall be located above the first floor. Business or professional offices my be located on any floor of the building.

(iii) Accessory business, professional or commercial uses shall be limited to:

(a) Business or professional offices where no goods or merchandise are stored or offered for sale.

(b) Sales at retail, separately or in combination, in completely enclosed stores or shops on the premises, and dealing directly with customers, including and limited to, apparel, confections, drugs, flowers, foods, gift shop goods, greeting cards, jewelry (including watch repair), reading materials, tobacco goods, variety store goods, beauty shop, barber shop, custom tailoring or dressmaking, laundry and/or dry cleaning pick-up agency (provided no laundering or dry cleaning is performed on the premises), restaurant, and soda or ice cream fountain.

(c) Accessory uses customarily incidental to the above permitted uses, not occupying more than ten percent of the area of the main use and not including open air storage of materials.

7.

Signs: Signs in this district shall be in accordance with, and regulated by the provisions of article XIV, sections 232-711 et seq.

8.

Parking: Parking facilities in this district shall comply with article XIII, section 232-586.

(15)

Individual self-storage facilities (as a conditional use) subject however to all of the following conditions:

a.

[The] minimum lot size shall be five acres.

b.

The hours of operation shall be no earlier than 7:00 a.m. to no later than 8:00 p.m., prevailing time.

c.

The proposed use shall meet all of the requirements and standards set forth in subsections 232-595(c) and (d) of the zoning ordinance.

(16)

Accessory uses:

a.

Swimming pools: Accessory outdoor swimming pools shall be so located as to be not less than 25 feet from the street or 75 feet from any property line bounding the premises. The swimming pool area must be enclosed as required in section 232-588, swimming pools.

b.

Outdoor recreational facilities: Outdoor recreational facilities (except swimming pools) shall be so located as to be not less than 25 feet from the street or 75 feet from any property line bounding the premises and 50 feet from any building erected on the premises.

c.

Accessory uses may include:

1.

Storage within a completely enclosed building in conjunction with a permitted use;

2.

Signs when erected and maintained in accordance with provisions of article XIV of this chapter.

(17)

No use shall be permitted which is noxious or hazardous.

(Ord. No. 96-05, Art. VIII(800.1), 6-3-96; Ord. No. 97-08, § 1, 2, 5-28-97; Ord. No. 97-42, § 1, 10-15-97; Ord. No. 2007-03, § VI, 2-12-07; Ord. No. 2021-04, §§ 23, 24, 8-23-21)

For every building erected or used in a GC district, except as referenced in subsections 232-380 (13)c. and e., no part of which is used as a dwelling, the following area and height regulations shall apply.

(1)

Lot area and lot width. A lot area sufficient in size to assure adequate sewerage and solid waste disposal, but in no case less than 7,200 square feet per use with the minimum lot width of 60 feet, shall be provided. In the case of attached structures constructed as a unit which have common sewage and water facilities and which are used exclusively for nonresidential purposes, the Bensalem Township Council may reduce the minimum lot area and lot width requirements upon documented proof of hardship.

(2)

Building area. Not more than 35 percent of the area of each lot may be occupied by buildings, and the total impervious surface coverage shall not exceed 60 percent.

(3)

Yards. Front, side and rear yards shall be provided on each lot.

a.

Front yard. One yard, not less than 75 feet in depth.

b.

Side yards. One yard each side, each of which is to be not less than eight feet in order properly to provide for public safety.

c.

Rear yard. One yard, not less than 35 feet in depth.

(4)

Height regulations. No building shall exceed 45 feet in height.

(Ord. No. 96-05, Art. VIII(800.2), 6-3-96)

Bufferyards shall be provided where a building is erected or used in a G-C district in accordance with article XIII, section 232-592 of this Code.

(Ord. No. 96-05, Art. VIII(800.3), 6-3-96)

This section shall apply only to integrated business centers.

(1)

Integrated business center (IBC) defined: An IBC shall mean the development of a G-C lot for one or more permitted uses in either attached or detached structures that share a common development plan, including, but not limited to, unity of architectural design, parking and on-site traffic management, sewage and utility service, but do not present a display storefront visible from outside or from parking areas. An IBC shall be defined to not include a strip shopping center (as defined by subsection 232-408(14) and/or a major shopping center (as defined by subsection 232-408(15).

(2)

An integrated business center must be developed on a total area of not less than three acres in size.

(3)

A land development plan shall be submitted in accordance with the requirements of the Bensalem Township Subdivision and Land Development Ordinance, latest revision.

(Ord. No. 96-05, Art. VIII(800.4), 6-3-96)

(a)

The proposed development shall be constructed in accordance with an over-all plan, shall be designed as a single architectural scheme with appropriate common landscaping, and shall provide initially at least for the construction of either a minimum of 15,000 square feet of ground floor area, or a minimum of six of the permitted main uses.

(b)

All buildings shall be arranged in a group or in groups, and the distance, at the closest point, between any two buildings, or groups of attached buildings shall be not less than 12 feet.

(c)

No building, except those used for lodging shall exceed two stories in height. A building erected or used for lodging shall not exceed six stories in height.

(d)

Not more than 30 percent of the area of each lot may be occupied by buildings and the total coverage of impervious surface shall not exceed 60 percent.

(e)

Parking, loading, or service areas used by motor vehicles shall be located entirely within the lot line of the business center, shall be physically separated from public streets by a 50-foot buffer strip or other suitable barrier. All parking, loading and service areas shall be curbed and shall have not more than two accessways to any one public street. All such areas shall be paved with bituminous or concrete materials.

(f)

Areas provided for loading and unloading of delivery trucks and other vehicles, and for the serving of shops by refuse collection, fuel and other service vehicle shall be adequate in size, and shall be so arranged that they may be used without blockage, or interference with the use of access ways or automobile parking facilities.

(g)

No building or other permanent structure shall be erected within 100 feet of a street line or lot line; and no parking, loading or service area shall be located within 50 feet from any street line or property line. Nothing in this section shall be construed to prohibit the erection of a freestanding sign as permitted in article XIV, of this chapter.

(h)

All parking, loading, access, and service areas shall be illuminated in accordance with article XIII, section 232-586.

(i)

All utility lines serving the site shall be placed underground.

(j)

The proposed IBC development shall be served by public water and sewer, or by sewage disposal and water facilities certified as adequate by the appropriate governmental health agency.

(Ord. No. 96-05, Art. VIII(800.5), 6-3-96)

Bufferyards shall be provided where a building is erected or used in a IBC district in accordance with article XIII, section 232-592 of this Code.

(Ord. No. 96-05, Art. VIII(800.6), 6-3-96)

Fire lanes shall be provided and marked in accordance with Bensalem Township Fire Prevention Ordinance No. 93-15.

(Ord. No. 96-05, Art. VIII(800.7), 6-3-96)

Conditional use regulations in the G-C District: The following conditional uses may be permitted or denied by the Bensalem Township Council, subject to the provisions of section 232-595 and any other applicable section of this Code, and subject to each specific conditional use requirement listed herein:

(1)

Medical marijuana dispensary:

a.

A 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 registration be denied or revoked at any time, any Township approval shall become void immediately. A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

b.

A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

c.

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, daycare center, place of worship, public park, library or community center.

d.

A medical marijuana dispensary shall not be operated or maintained on a parcel within 2,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.

e.

It shall be the responsibility of the applicant to identify on the plan submitted other nearby land uses, as identified in (c) and (d) above, within a half mile radius of the proposed medical marijuana dispensary. Failure to properly identify uses surrounding the application site shall result in immediate denial of the application.

f.

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales or sidewalk displays shall be permitted. No drive-thru services shall be permitted. No outdoor seating areas shall be permitted. The use cannot be advertised on radio or television.

g.

A medical marijuana dispensary shall be limited to the hours of operation not earlier than 7:00 a.m. and not later than 10:00 p.m.

h.

A medical marijuana dispensary shall submit a 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.

i.

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

j.

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.

k.

The secured storage area for medical marijuana at a medical marijuana dispensary shall not exceed one third of the total gross floor area. No outside storage is permitted.

(Ord. No. 2017-3, § I(C), 2-13-17)

The purpose of an H-C1 highway commercial district is to make appropriate provision for a wide range of highway-oriented businesses, including, but not limited to, automotive and other heavier service-type businesses, the sale and service of nonhousehold consumable goods, and other activities which ordinarily require main highway locations and cater to transient as well as to local customers, and to encourage the sound and appropriate development of compact segments of major highway frontage.

(Ord. No. 96-05, Art. VIII(801.0), 6-3-96)

A building may be erected or used and a lot may be used or occupied in a H-C1 district for one of the following uses and no other, except that two such uses, and no more, may be permitted on one lot provided that the lot area exceeds 40,000 square feet.

(1)

Any use permitted in a BP commercial district.

(2)

Any use permitted in a G-C commercial district.

(3)

Public garage, gasoline service station and self-service gasoline service station (subject to the requirements provided in this chapter), automobile sales and repairs, parking garage or lot, automobile washes, boat sales and repairs, sale of house trailers and sale of truck trailers. As used herein, automobile means and includes a car, truck, motorcycle, bus, tractor, farm equipment or any other self-propelled motor driven vehicle. Public garages, gasoline service stations and self-service gasoline service stations, automobile repair shops, public garages and automobile washes shall not keep or store unlicensed and/or uninspected vehicles on the premises.

(4)

Convenience food store with gasoline dispensing facilities shall be permitted as a conditional use provided that it complies with the requirements of section 232-411.

Gasoline dispensing facility means facility of any type for the dispensing of any type of fuel for motor vehicles including, but not limited to self-service gasoline facilities (facilities which are designed, intended or do require, permit or allow customers to dispense any type of fuel for motor vehicles rather than having such fuel dispensed by employees or by the operator of the facilities or by the operator of the convenience food store). "Gasoline" includes any type of fuel for motor vehicles.

(5)

Domestic animal kennels.

(6)

Trade or technical school.

(7)

Greenhouse or nursery.

(8)

Roadside stand, including open air fish or produce products, but not including drive-in type restaurants.

(9)

Storage within a completely enclosed building, for on premises retail store use, or for products manufactured on the premises.

(10)

Wholesale office and showroom.

(11)

Contractor, craftsmen's or general service shop; including plumbing, heating, carpentry, welding and similar shop.

(12)

Movie theaters and open drive-in theaters. The showing of X-Rated movies is prohibited.

(13)

Place of amusement or general recreation, including but not limited to health spas and clubs, indoor swimming clubs, social and fraternal clubs, bowling alleys, ice and roller skating rinks, but not including adult entertainment establishments.

(14)

Strip shopping centers, which shall mean one or more structures on a lot, one or more of which structures are subdivided into retail shops, sharing indoor walls, display and entrance storefronts visible from the road, a common parking area, and in some instances, a detached, outdoor sign.

(15)

a.
Major shopping center, which shall mean a group of commercial establishments, in common or separate ownership which may be interconnected by walls, enclosed malls, walkways, and parking areas. The building or buildings shall be planned and developed in such a manner as to make a unified, common facility containing not less than 250,000 square feet of building floor area, and having direct access to an arterial roadway.

b.

In a major shopping center, the individual lots or parcels which are created for the purpose of establishing separate ownership shall not be required to comply with section 232-409 lot area, lot width, building area and yard requirements provided the following conditions are met:

1.

The overall tract, lot or parcel being developed as a major shopping center complies with the lot area, lot width, building area, and yard requirements of section 232-409.

2.

A cross easement agreement is recorded with the Final Plan providing for reciprocal rights for the individual lots or parcels relating to ingress and egress, utilities, stormwater management, maintenance of common areas and, unless the parking requirements for the individual lot or parcel are met on that lot or parcel, and parking on that lot or parcel is not required by any other lot or parcel to meet the requirements of this section, the common use of parking areas.

3.

Each individual lot or parcel contains a minimum of .75 acres or one or more buildings containing in the aggregate a minimum of 25,000 square feet.

(16)

Religious institution: A convent, monastery, church, temple, synagogue, mosque, or similar religious institution, subject to the special requirements of subsection 232-358(b)(2);

(17)

The following additional uses when authorized as a special exception by the Zoning Hearing Board subject to the requirements of article XVII:

a.

Drive-in restaurants, which shall be defined to mean a restaurant:

1.

Where food purchased on the premises may be consumed in the parking area.

2.

Which site shall be located not less than 500 feet from a residential district, and when such site is located within 750 feet of a residential district, the restaurant shall remain open no later than 11:00 p.m.

3.

Where alcoholic beverages shall not be served or sold.

b.

Yard for storage, sale or distribution of coal, building materials or products of manufacturing uses permitted in the Township when enclosed within a solid fence of not less than six feet in height, but not including junk yard, salvage or scrap yard, automobile or other wrecking yard.

c.

Any use of the same general character as any of the uses permitted in this district provided that no use which is noxious or hazardous shall be permitted.

(18)

Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, and signs when erected and maintained in accordance with the provision of article XIV of this chapter.

(Ord. No. 96-05, Art. VIII(801.1), 6-3-96; Ord. No. 98-06, § 1(A), 1-30-98; Ord. No. 2021-04, §§ 25, 26, 8-23-21)

For every commercial and other buildings erected or used in a H-C1 district, no part of which is used as a dwelling, the following area and height regulations shall apply:

(1)

Lot area and lot width. A lot area sufficient in size to assure adequate sewerage and solid waste disposal, but in no case less than 15,000 square feet with the minimum lot width of 75 feet, shall be provided. In the case of attached structures constructed as a unit which have common sewage and water facilities and which are used exclusively for nonresidential purposes, the Bensalem Township Council may reduce the minimum lot area and lot width requirements provided that the lot area minimums shall be reduced to not less than 10,000 square feet. Lots used for automobile sales shall have a minimum net lot area of 40,000 square feet. Parking and location of automobiles for sale shall be in accordance with section 232-586 and with the Bensalem Township Subdivision and Land Development Ordinance, as amended.

(2)

Building Area. Not more than 35 percent of the area of each lot may be occupied by buildings, and the total impervious surface coverage shall not exceed 75 percent, with the exception of uses pursuant to subsection 232-408(1), in which case, not more than 25 percent of the area may be occupied by buildings and the total impervious surface coverage shall not exceed 75 percent.

(3)

Yards. Front, side and rear yards shall be provided on each lot as follows:

a.

Front. One yard not less than 50 feet in depth, with the exception of uses pursuant to subsection 232-408(1), in which case, there shall be one yard, not less than 25 feet in depth, and subsection 232-408(2), in which case, there shall be one yard, not less than 75 feet in depth.

b.

Side yards. One yard each side, each of which is to be not less than ten feet in order to properly provide for public safety. This requirement shall not prevent the erection of any structure abutting on a side lot line, in which case a side yard is not required with respect to the side on which the structure is erected. Where a lot abuts a rural or residence district a buffer strip shall be provided which shall not be less than 20 feet in width. Nothing in this section shall be construed to prohibit the erection of attached structures constructed as a unit.

c.

Rear yard. One yard, not less than 25 feet in depth. Where a lot abuts a rural or residential district, a buffer strip shall be provided which shall not be less than 20 feet in width.

d.

Reserved.

(4)

Height regulations. No building shall exceed 35 feet in height unless authorized as a special exception by the Zoning Hearing Board; except that in the case of a major shopping center no building shall exceed 55 feet in height.

(5)

For every commercial and other buildings erected or used, public water and sewer facilities shall be the exclusive method of sewage and waste disposal in this district.

(Ord. No. 96-05, Art. VIII(801.2), 6-3-96; Ord. No. 98-06, § 1(A), 1-30-98; Ord. No. 2001-27, 12-17-01)

Bufferyards shall be provided where a building is erected or used in H-C1 district in accordance with article XIII, section 232-592 of this Code.

(Ord. No. 96-05, Art. VIII(801.3), 6-3-96)

A convenience food store with gasoline dispensing facilities shall comply with all of the following requirements:

(1)

The applicant shall submit a detailed site plan showing all the information required of a preliminary subdivision or land development plan by the Bensalem Township Subdivision and Land Development Ordinance.

(2)

The site plan design shall comply with the requirements of articles V and VI of the Bensalem Township Subdivision and Land Development Ordinance except where those requirements are inconsistent with the provisions of this chapter in which case the provisions of this chapter shall apply.

(3)

Ten parking spaces and one handicapped space shall be provided and the parking lot shall be in conformance with article XIII, section 232-586.

(4)

None of the other uses allowed in the H-C1 highway commercial zoning district shall be allowed on any lot or parcel of ground used for a convenience food store with gasoline dispensing facilities.

(5)

All proposed signs shall conform with article XIV of the zoning ordinance provided, however, that portable signs are expressly prohibited. All existing signs not in conformity with article XIV of the zoning ordinance shall be removed.

(6)

The centerline of an access road or driveway at the point of access to a street shall not be located closer to an adjacent centerline street intersection than the following distances:

a.

Two hundred feet if either intersection street is an expressway, major arterial or minor arterial street.

b.

One hundred twenty feet if one intersecting street is a collector and the other is either a collector road or a local street.

c.

One hundred feet if both intersecting streets are local streets.

(7)

Access roads to or driveways on the lot which the convenience food store with gasoline dispensing facilities is to be located shall be designed to comply with the requirements of the Subdivision and Land Development Ordinance.

(8)

Curbs, sidewalks and street trees shall be provided along all street frontages.

(9)

Self-service gasoline facilities shall comply with all the requirements of article XIII, subsection 232-589(a), and all subparts thereof of the zoning ordinance.

(10)

Gasoline dispensing pumps shall be mounted on concrete islands and further protected against collision damage by other suitable means. Roofs or canopies may be used for protection of the customers, lighting and signage. Roofs and canopies shall be considered structures and shall conform with all area and dimensional requirements of this district.

(11)

On any lot or piece of ground used as a convenience food store with gasoline facilities, there shall be no more than eight gasoline dispensing islands with no more than 16 gasoline dispensing positions permitted.

(12)

The distance between the gasoline dispensing pumps and the convenience food store shall be no less than 15 feet and no more than 85 feet.

(13)

Minimum lot size, maximum floor area and maximum impervious surface shall be provided on each lot as follows:

a.

Lot size. The minimum lot size shall be 30,000 square feet.

b.

Floor area. The maximum floor area of the convenience food store shall be 3,000 square feet.

c.

Maximum impervious surface. Including that area covered by buildings or structures, shall not exceed 60 percent of any lot used as a convenience food store with gasoline facilities. A minimum of 40 percent shall remain in a natural green stated such as grass, trees and shrubs.

(14)

Where a lot or parcel of ground on which a convenience food store with gasoline facilities is located, or is to be located, is adjacent to and/or abuts a rural or residence zoning district or a residential use yards as required by section 232-410 shall be provided in addition to all the other requirements of section 232-411 and all subparts thereof.

(Ord. No. 96-05, Art. VIII(801.4), 6-3-96; Ord. No. 2000-08, § II, 5-23-00; Ord. No. 2009-05, 6-22-09)

Fire lanes shall be provided and marked in accordance with Bensalem Township Fire Prevention Ordinance No. 93-15.

(Ord. No. 96-05, Art. VIII(801.5), 6-3-96)

The purpose of this district is to encourage the innovative design and development of commercial and residential areas where multiple yet distinct land uses are combined into a single coordinated development project typically associated with a mixed use development; to encourage a planned arrangement of individually-owned and operated uses within complementary functional categories to provide a development that serves existing and foreseeable needs of the Township and surrounding service areas; to carefully plan traffic circulation and off-street parking in order to avoid traffic congestion and inadequate parking; and to encourage the planning and utilization of land and the harmonious design, erection and use of buildings in a diversified commerce and residential community that will contribute to the economic base of Bensalem Township.

It is the purpose and intent of this district to encourage the redevelopment and revitalization of the Street Road Corridor to provide reasonable standards for the harmonious development of Mixed Residential and Commercial uses in a pedestrian-oriented neighborhood with a sense of community and place. Specifically, the SRM - Street Road Mixed Use District is intended to promote pedestrian access to buildings, common areas, open/recreation space, uses and streets through a network of sidewalks and trails; create a street circulation system that provides safe and convenient access; and use scale, building orientation and landscaping to establish community identity. The uses incorporated in this district offers a multi-use location where members of the Bensalem community can relax, socialize, live and work while enjoying a mixture of uses that blend together harmoniously and will enhance the visual character of the Street Road Corridor.

(Ord. No. 2021-08, § I, 11-8-21)

A building may be erected or used, and a lot may be used or occupied for any combination of the purposes listed in this section.

(1)

The following uses are permitted as a matter of right guided by the standards set forth in section 232-413.6:

a.

Retail store.

b.

Bank, with or without drive-thru teller lanes, excluding a check casher, pawnbroker and/or pawnbroker establishment.

c.

Restaurant where food is either consumed primarily within the building, at an outdoor cafe, or food is purchased on the premises or at a drive-thru window for consumption off the premises.

d.

Office space including but not limited to offices used for professional, medical or government offices.

e.

Residential dwelling units that are single family attached.

f.

Convenience food store with or without gasoline dispensing facilities.

g.

Open space or outdoor recreation use.

(2)

Accessory uses:

a.

Uses on the same lot with and customarily incidental to any of the above permitted uses.

b.

Signs in this district shall be in accordance with, and regulated by the provisions of article XIV, sections 232-711 et seq.

(3)

More than one building may be constructed on a lot and multiple permitted uses are permitted in a building and on a lot.

(Ord. No. 2021-08, § I, 11-8-21)

(a)

Minimum area: A minimum tract area of not less than 30 acres shall be provided for every mixed-use development. While the overall tract area must be a minimum of 30 acres, there may be contiguous individual lots less than that amount that when combined, comprise at least 30 acres.

(b)

Minimum tract width: Not less than 600 feet of tract width shall be provided for every mixed-use development.

(c)

Minimum ground floor area: No building shall have a ground floor area less than 1,500 square feet.

(d)

Maximum building area: Not more than 15 percent of the area of the tract may be occupied by buildings.

(e)

Maximum impervious surface coverage: Not more than 60 percent of the area of each tract may be occupied by impervious surfaces.

(f)

Yards: Front, side and rear yards shall be provided on each tract:

(1)

Front yard: One yard, not less than 25 feet in depth.

(2)

Side yards: One yard each side, each of which is to be not less than 50 feet in order to properly provide for public safety.

(3)

Rear yard: One yard, not less than 100 feet in depth.

(g)

Height regulations: No building shall exceed six stories or 80 feet in height. No more than one building on a tract may be constructed to the maximum permitted height. Any building that is constructed to the maximum permitted height shall be setback no less than 450 feet from any residentially zoned property.

(h)

Minimum open space/outdoor recreation space:

(1)

Not less than 20 percent of the total tract area shall be occupied by open space and/or outdoor recreation space.

(2)

Minimum building setback. No building shall be less than ten feet from any open space or outdoor recreation use unless the building is ancillary to the open space or outdoor recreation use.

(3)

Open space and recreation space areas shall be located outside of any right-of-way and required property setbacks but can be included within landscaped buffer yards.

(i)

Density: The maximum density of any residential use in this district shall be limited to 1.3 residential units per acre of land for the overall tract development.

(j)

Safety: The design of the property shall be done in such a fashion to ensure that appropriate emergency vehicles shall have adequate access to the property.

(Ord. No. 2021-08, § I, 11-8-21)

(a)

All buildings shall be setback no less than 25 feet from the right-of-way. Canopies, overhangs, or porte-cocheres may encroach into the front yard up to ten feet into the setback.

(b)

Building spacing: The distance between buildings shall not be less than 20 feet.

(c)

Along any property or lot line, a landscaped bufferyard shall be provided which shall not be less than ten feet in width, except when it abuts a residentially zoned parcel in which case the buffer must be 20 feet. Access drives may cross perpendicular to buffer yards. Buffer yards shall not contain building, parking area, roads, or decks. Such bufferyards shall be coterminous with required yard and lot areas as noted in section 232-593 and may include fences, sidewalks and other landscape improvements designed to soften the transition between land uses.

(d)

For all properties in the SRM District, the yard area from a property line shall be measured from the boundary line to the edge of the building and can include any bufferyard area.

(e)

Parking setbacks.

(1)

A buffer yard be provided which shall not be less than seven feet in width between a building and parking areas.

(2)

A setback shall be provided which shall not be less than 25 feet in width between the right-of-way and parking areas except that up to a maximum of 25 spaces may have a minimum buffer yard of 15 feet.

(Ord. No. 2021-08, § I, 11-8-21)

The following regulations shall supplement the requirements of section 232-586. Where conflicting standards exist, the regulations of this section shall govern.

(1)

The parking spaces required for the residential use portion of any SRM development shall be three spaces per dwelling unit. Two spaces per residential unit shall be reserved for residential use and separated from other parking spaces by either restrictive signage or other restricted access controls and shall not be more than 400 feet from primary the residential units they serve. The other one residential space shall be included as part of the 4.0 number of the consolidated common parking that is found in subsection (2) below.

(2)

The parking in a SRM District shall be based on Consolidated Common Parking. The required consolidated common parking spaces shall be the one non-reserved residential space per every residential unit as set forth in section (1) above plus four parking spaces per every 1,000 square feet of gross leasable floor area.

(3)

The maximum number of consecutive parking spaces without a ten-foot-wide landscaped area is 20.

(4)

No loading or unloading spaces shall be required for any commercial building in this district. However, if Township Council requires any loading or unloading spaces then they shall be constructed in accordance with section 232-587.

(5)

Section 232-591 shall govern the parking, housing, and storage of commercial vehicles in a SRM district, except that section 232-591(1) shall not apply to a SRM district.

(6)

Consolidated common parking is defined as an arrangement of combined parking areas that are built and maintained for mixed-use developments, whereby the parking spaces are all within 400 feet of the building being served. A traffic/parking study shall accompany the application for the development of the tract. The traffic/parking study shall be subject to the following:

a.

Scope of study must be coordinated with Township's traffic consultant.

b.

Study must identify feasible infrastructure, service improvements and/or Travel Demand Management measures that can mitigate vehicular, bicycle, pedestrian and transit user impacts, and improve safety or convenience of travel to and from the proposed development.

c.

The study shall demonstrate how the parking is sufficient for the proposed uses. Additionally, whenever a new use is proposed for the tract, the applicant shall demonstrate how the parking is accommodated for that use in conjunction with the overall tract.

Any development related transportation improvements needed for mitigation must strive toward the goal of providing walkable urban thoroughfare for the Street Road Corridor that considers all road users and avoids adverse impacts upon more vulnerable road users (pedestrians and bicyclists).

(Ord. No. 2021-08, § I, 11-8-21)

(a)

Outdoor land use. There shall be no outdoor storage or display of goods or materials for marketing, storage, or any other purpose. The outdoor storage of trash shall be designed and maintained to be completely screened from view.

(b)

An application to develop land in the SRM District shall be done via a coordinated plan showing how the proposed use(s) interact with each other. The application shall also include a report demonstrating the feasibility of the proposed plan and a planner's report justifying the proposal from a planning perspective.

(c)

Special conveyancing. When the development of a tract and the uses therein are in accordance with a coordinated development plan, then a conveyance of a parcel within the development plan shall be permitted upon compliance with the following conditions:

(1)

Irrevocable cross-easements in favor of and duly binding on all title owners within the area of the development plan, their successors, and assigns, with respect to use, control and maintenance of the common areas including access, green space, and parking areas are in effect and recorded. All easements shall be submitted to the township solicitor for review prior to recording.

(2)

Application of zoning regulations including, but not limited to, building coverage, impervious coverage, parking, loading, and landscaping, as well as required area, width, and yard regulations, shall apply to an overall minimum 30-acre tract area. Individual lots created pursuant to this section or subdivided from the initial 30 acre plus tract need not comply with these zoning requirements. If a lot is subdivided from the initial 30 plus acre tract area, the remaining tract must continue to have a minimum of 30 acres.

(d)

Design standards. To ensure a high-quality, cohesive, and sustainable environment the applicant shall submit renderings, photographs, or other documents as part of the land development application to illustrate the proposed architecture and landscape designs.

(1)

Proposed architecture shall include several elements to create visual interest and a consistent architectural theme. Such elements shall include, but are not limited to variations in materials, variations in roof lines, fenestration patterns, and articulation of the facades.

(2)

Proposed landscaping shall provide examples and/or details for the Street Road streetscape design. Documentation shall also be provided for internal streetscape design and any improved open space areas.

(3)

Proposed architectural and landscape concepts shall be approved by the Bensalem Council.

(4)

If the development of a tract includes open space, this open space shall incorporate the following elements in its design: provision for the preservation of suitable existing vegetation in this area as features of this space, a pedestrian walkway which shall be open and accessible to the general public, benches and trash receptacles, landscaping (including lawn and trees), and lighting that creates a warm inviting evening ambiance. Any open space must be available for public use and access and shall be limited by posted hours as approved by the Township.

(5)

Outdoor recreation areas. Within any SRM District development there shall be provided areas designated and devoted to outdoor active and passive recreational purposes, which recreational purposes shall include, but not be limited to, areas for games or sports, walking paths, bike paths and areas for any outdoor leisure time activity.

(e)

Pedestrian design standards.

(1)

Sidewalks are required along all public road frontages.

(2)

Whenever possible, sidewalks shall connect to existing sidewalks on abutting properties and other nearby pedestrian destination points and transit stops.

(3)

A pedestrian impact study shall be required.

(4)

Any plan shall provide adequate pedestrian signage, striping and ADA facilities as determined by Bensalem Council.

(f)

Traffic study. A complete and comprehensive traffic study shall be submitted as part of any land development application for mixed use development. This study shall take into account internal circulation, pedestrian safety, potential stacking at any access road and any other factor required by the Township.

(g)

Utilities. All development in the SRM District shall be served by public water and sewer. All utilities shall be underground.

(h)

There can be no more than one bank, drive-thru fast-food restaurant, and convenience store on any tract in the SRM District.

(i)

Land development approval shall be required for any SRM development.

(j)

A convenience food store with gasoline dispensing facilities in the SRM Zoning District shall only be required to comply with the requirements for convenience food stores with gasoline dispensing facilities in the SRM Zone which include the following requirements:

(1)

Appropriate landscaping shall be provided.

(2)

Gasoline dispensing pumps shall be mounted on concrete islands and further protected against collision damage by other suitable means. Roofs or canopies may be used for protection of the customers, lighting, and signage. Roofs and canopies shall be considered structures and shall conform with all area and dimensional requirements of this district.

(3)

There shall be no more than eight gasoline dispensing islands with no more than 16 gasoline dispensing positions permitted.

(4)

The distance between the gasoline dispensing pumps and the convenience food store shall be no less than 15 feet and no more than 125 feet.

(5)

The maximum floor area of the convenience food store shall be 7,500 square feet.

(6)

Self-service gasoline facilities shall comply with all the requirements of article XIII, subsection 232-589(a), and all subparts thereof of the zoning ordinance.

(7)

All proposed signs shall conform with article XIV of the zoning ordinance provided, however, that portable signs are expressly prohibited. All existing signs not in conformity with article XIV of the zoning ordinance shall be removed.

(8)

Ten parking spaces and one handicapped space shall be provided, and the parking lot shall be in conformance with article XIII, section 232-586.

(9)

Access roads to or driveways on the lot which the convenience food store with gasoline dispensing facilities is to be located shall be designed to comply with the requirements of the Subdivision and Land Development Ordinance. However, if there is any inconsistency between the Subdivision and Land Development Ordinance and this section of the Zoning Ordinance, this section shall control.

(k)

Any trails provided shall have a minimum width of eight feet.

(l)

Any development shall comply with the written and graphic design standards for development in the SRM District which is attached as appendix A and any relief from the same shall require Township Council approval.

(m)

Any building constructed in a SRM district that has a residential use among multiple other permitted uses shall have a separate residential building access.

(n)

No residential unit in this district shall contain less than 1,000 square feet.

(o)

At no time shall more than 15 percent of the residential units contain three bedrooms and no dwelling unit may contain more than three bedrooms.

(p)

The majority of the residential development shall not take place along the perimeter of the property.

(q)

The applicant must provide the Township Engineer with a Storm water Management plan. The plan shall incorporate diversified and decentralized storm water management best management practices.

(r)

The primary building cladding material for buildings shall be materials such as brick, stucco, manufactured or natural stone, and/or cementitious clapboard or cast cement, or metal.

(s)

There shall be no public roads in the development except the possibility of access roads to the development pursuant to subsection (u). All of the maintenance of the entire development including but not limited to street lighting, snow removal, open space, drainage areas, roads, paths, parking areas, and security shall be the responsibility of the development or association(s) created for that purpose. The association's agreement, procedures and by-laws must be approved by the Township.

(t)

Any project in the SRM District shall contain a mixture of residential and non-residential uses.

(u)

Access roads: The Township Council may, in its discretion, subject to the approval of the Pennsylvania Department of Transportation, require the developer to install more than one access road onto the project parcel. The Township Council may require, in its discretion, that any access road(s) be dedicated to the Township.

(v)

Any required bus stop in the development shall be designed in compliance with section 232-597 of the Bensalem Township ordinance as well as the requirements of local and regional public transportation service providers.

(Ord. No. 2021-08, § I, 11-8-21)