Birmingham Township
City Zoning Code
City Zoning Code
ARTICLE XIB
Limited Highway-Commercial District C-2A
[Added 7-5-2000 by Ord. No. 00-10; amended 12-15-2003 by Ord. No. 03-07; 12-5-2016 by Ord. No. 16-01]
[1]
Editor's Note: This article was originally adopted as Art. XXIV but was included here for codification purposes.
§ 122-51.6 Purpose.
In expansion of the purposes and community development objectives contained in Article I, § 122-3, of this chapter, and the policies and recommendations of the Township's Comprehensive Plan, as amended, the primary intent of this district is to provide designated uses on larger lots than otherwise provided for in the C-2 District for land fronting on U.S. Route 202 and the appropriate dimensional standards which promote the controlled development and expansion of attractive uses along the U.S. Route 202 corridor. The regulations provided for herein shall not be applicable to used automobile sales agencies. In addition, other specific intents, purposes and objectives of this district include the following:
A.
Permit land uses that are compatible with the commercial development in the area and are traditionally highway-oriented.
B.
Encourage uses that generate low to moderate traffic volumes, especially uses that produce peak traffic generation at times other than the abutting highway peak hours and traditional retail commercial peak hours.
C.
Minimize the number of traffic generators along Route 202.
§ 122-51.7 Prerequisites for review.
The provisions of § 122-43 shall apply.
§ 122-51.8 Use regulations.
A.
Uses permitted by right. A building may be erected, altered or used and a lot or premises may be used for the following purposes, and for no other:
(1)
All uses permitted by § 122-44, Uses permitted by right, in the C-1 Highway-Commercial District.
(2)
New automobile sales agency.
B.
Uses permitted by conditional use. Any of the following uses shall be permitted as a conditional use, when authorized by the Board of Supervisors, subject to the standards and procedures set forth herein and in Article XX, § 122-119, and all other applicable chapters.
(1)
Eating or drinking establishment.
(2)
Nursery/landscaping service.
(3)
Any use of the same general character as the specific uses permitted by conditional use in the C-2A District.
(4)
Any combination of two or more separate uses authorized in this district by right and/or by conditional use on a single lot.
(5)
Wireless communication facilities as specifically described and allowed for in § 122-105.
[Added 12-7-2020 by Ord. No. 20-04]
C.
Accessory uses. Only accessory uses customarily associated with and incidental to the permitted principal use shall be permitted.
D.
Limitations of use. The provisions of § 122-44E shall apply.
§ 122-51.9 Area and bulk regulations.
The following area and bulk regulations shall apply to all uses permitted either by right or by conditional use.
A.
Lot area. Every lot shall have an area of not less than four net acres.
B.
Lot width and frontage. Each lot shall have a width of not less than 400 feet at the building line and shall have frontage on Route 202 of not less than 400 feet, provided that if the lot is contiguous to another public street having a frontage of at least 400 feet, the required Route 202 frontage shall be 300 feet.
C.
Lot coverage. Not more than 60% of the net area of each lot may be occupied by buildings and other impervious cover, provided that the applicant complies with the minimum landscaping requirements of § 122-102C.
D.
Floor area ratio. The floor area shall not exceed 40% of the total lot area.
E.
Front yard. There shall be a front yard of not less than 60 feet from the existing ultimate right-of-way of Route 202 or other contiguous street, within which no buildings shall be situated, which may be reduced to not less than 35 feet from the existing ultimate right-of-way of Route 202 only when authorized by the Board of Supervisors as a conditional use, provided the applicant complies with the minimum landscaping requirements of § 122-46C.
F.
Side yards. There shall be two side yards, except in the case of a corner lot, each of which shall be not less than 15 feet, within which no buildings, parking, display or impervious coverage shall be located, provided that when authorized by the Board of Supervisors as a conditional use, structures, exclusive of buildings, such as curbs and retaining walls, may be permitted in the side yard, subject to the applicant's compliance with the minimum landscape requirements of § 122-46C.
G.
Rear yard. There shall be a rear yard of not less than 80 feet, within which no buildings shall be situated, provided that, when authorized by the Board of Supervisors as a conditional use, structures, exclusive of buildings, such as curbs and retaining walls, may be permitted in the rear yard, subject to the applicant's compliance with the minimum landscape requirements of § 122-46C.
H.
Height restrictions. No building or structure shall exceed three stories or 35 feet in height.
I.
Not less than 40% of the net lot area shall be maintained as green space.
§ 122-51.10 Design standards.
In addition to the design standards set forth in § 122-46, the following additional design standards shall apply to all uses, either by right or conditional use.
A.
Parking: as required by § 122-102A of this chapter, except as follows:
(1)
Parking spaces for new and used automobile storage shall be at least nine feet by 18 feet in size. Parking spaces for employee and customer parking shall be at least 9 1/2 feet by 18 feet.
(2)
There shall be sufficient parking places provided so that there is a minimum of one parking space for each employee on the shift of greatest employment, a minimum of 20 customer parking spaces and one additional parking space for each 200 square feet of building footprint, provided that the Board of Supervisors may, as a condition of the land development plan approval, require additional parking spaces if the Board determines that the number otherwise required by this subsection is insufficient.
B.
Access and highway frontage: as required by § 122-102B of this chapter, except that there shall be no more than one driveway per 300 feet of frontage along Route 202 unless it is determined by the Township Engineer that a greater separation is required to prevent a traffic hazard.
C.
Landscaping and screening: as required by §§ 122-102C and 122-102D, except as follows:
(1)
If the impervious coverage does not exceed 50%, an area not less than 10% of the paved area of a proposed parking area shall be landscaped and continually maintained. In calculating the 10% requirement, planting along the perimeter of a parking area, whether for required screening or general beautification, may constitute one-half of the required landscaping for the parking area when approved by the Board of Supervisors as part of the land development plan. The remaining 1/2 of required landscaping must be distributed throughout the parking areas in planting aisles.
(2)
Impervious coverage may exceed 50% when approved by the Board of Supervisors as a conditional use, provided that landscaping shall be added to the perimeter of the property generally conforming to the design standards of § 122-102D(2)(a) and shown on a landscaping plan prepared by a registered landscape architect, except the width of the planting strip shall be determined by the Board of Supervisors. If requested by the applicant, in lieu of the 5% landscaping required in the planting aisles, as part of its conditional use order, the Board of Supervisors may, in its discretion, require that the ten-percent area requirement imposed by Subsection C(1) be located entirely on the perimeter of the lot.
§ 122-51.11 Man-made slope controls.
Where a use is permitted within the district, such use shall be permitted in areas where the grade of a man-made slope exceeds 25%, subject to full compliance with § 122-97A(3)(a), (b), (c) and (d) when authorized by the Board of Supervisors on the land development plan.
