A building may be erected or used, and a lot may be used or occupied for any one or combination of the following uses and no other, and subject to §
210-224, dealing with prohibited uses and performance standards; provided that the use and conversion of any existing dwelling shall comply with the provisions of Article
XXVI of this chapter and §
210-225; and provided that the demolition of, or special exception or conditional use for, a historic resource shown on the Historic Resources Map, or any subdivision, land development or construction activity within 300 feet of a historic resource shall be subject to the provisions of Article
XIXA, Historic Preservation, of this chapter, relating to historic preservation; and further provided that the use shall comply with the provisions of Article
XX, Floodplain Conservation District, of this chapter; and further provided that the use shall comply with the provisions of §
210-125.1, Concordville Village Overlay District, in particular §
210-125.1D.
A. Uses by right (permitted principal uses). Except as set forth in §
210-125.1 for the Concordville Village Overlay District, the following shall apply for properties within the C-1 District located outside of the Concordville Village Overlay District:
(1) Retail store or shop and with a gross floor area of less than 30,000 square feet.
(2) Retail service and repair, or personal service, provided that:
(a) Any repair or service activity, if located on the ground floor, shall be not less than 10 feet from the front of the building and shall be screened by a wall or partition from the front portion of the building used by customers.
(b) The area devoted to retail service and/or repair shall constitute not more than 80% of the gross floor area.
(c) Any materials employed will not involve danger of fire or explosion.
(3) Office, utility office, professional office.
(4) Studio, broadcasting studio.
(5) Bank or financial institution.
(6) Automatic self-service laundry, when served by public sewer.
(8) Health center; health spa and physical fitness club.
(10) Contractor's shop, including carpenter, cabinetmaking, furniture repair, light metal working, tinsmith, plumbing, or similar shop, provided that the gross floor area devoted to such use shall not exceed 8,000 square feet.
(11) Shops of craftsmen, provided that the gross floor area devoted to such use shall not exceed 8,000 square feet.
(18) Automated teller machine (ATM).
(19) Commercial drop-off and pickup boxes.
(20) Motor vehicle parts and accessories store.
(22) Convenience store or mini-market of up to 4,000 square feet of building area, and without the sale of gasoline. Whenever such store or market involves the sale of gasoline as an accessory use, it shall be governed by §
210-119D(2).
B. Accessory uses. Except as set forth in §
210-125.1 for the Concordville Village Overlay District, the following shall apply for properties within the C-1 District located outside of the Concordville Village Overlay District:
(1) Vehicle parking lot as an accessory use to the principal permitted commercial uses.
(2) Accessory use on the same lot with and customarily incidental to any of the above permitted uses, which use may include:
(a) Storage within a completely enclosed building in conjunction with a permitted use.
(b) Living accommodation for the proprietor of a store or business establishment, or for a watchman or caretaker or live-work units, provided that no such dwelling accommodation should be located on the first floor.
(c) Signs as permitted in Article
XXIII of this chapter.
(d) Temporary lodging for individuals recovering from medical procedures performed at a health center, along with their primary caregiver, with a maximum duration per stay not exceeding 48 hours, subject to conditional use approval by Township Council in accordance with the requirements of Article
XXVII of this chapter.
[Added 12-3-2019 by Ord. No. 390]
C. Uses by special exception. Except as set forth in §
210-125.1 for the Concordville Village Overlay District, the following shall apply for properties within the C-1 District located outside of the Concordville Village Overlay District:
(1) When authorized by the Zoning Hearing Board, any use of the same general character as those permitted by right (principal permitted uses) and not provided for in any other commercial district.
(2) Roadside stand (temporary) for the sale of farm products grown on site.
(3) Veterinary office, consisting of a facility for the practice of veterinary medicine by a licensed veterinary doctor, provided that:
(a) The keeping or kenneling of all animals shall be inside the veterinary medicine building facility.
(b) All kennels shall be constructed of such sound-absorbing material as specified by the Concord Township Building Inspector.
(c) All animals shall be housed indoors.
(6) Motor vehicle service station (not to include a repair shop or car wash establishment as a principal use), provided that:
(a) A minimum lot width of not less than 200 feet shall be provided along each street on which the lot fronts.
(b) Access to roads shall be at least 50 feet from any intersection.
(c) All activities except those performed at the fuel pumps shall be in accordance with the Concord Township Building Code and Fire Code and shall be fenced.
(d) Fuel pumps shall be at least 40 feet from any ultimate street right-of-way.
(e) All storage of materials, parts, equipment, and refuse shall be within a completely fenced area.
(7) Motor vehicle repair shop and/or body shop, provided that:
(a) All repair work, including paint spraying, is done within an enclosed building.
(b) All storage materials, parts, and refuse is within an enclosed building.
(c) All vehicles awaiting repair are stored in an enclosed area screened from adjacent streets and properties by a wall or solid fence at least six feet high constructed of concrete, concrete blocks, wooden planks, or bricks, with access only through solid gates.
(9) Emergency service facility.
(10) Medical marijuana dispensary facility.
[Added 6-4-2019 by Ord. No. 387]
(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 dispensary permit issued by the Commonwealth of Pennsylvania, in accordance with the criteria and process set forth in this chapter for properties located within the Local Commercial (C-1) Zoning District, where the property fronts on one of the principal arterial highways of Route 1, Route 202 and/or Route 322.
(b) Signage for all medical marijuana dispensary facilities shall be limited to the name of the business only, shall be in compliance with the Township'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 located in a secure facility with each and every entrance and exit thereto dedicated solely to the dispensary facility. There shall be no passageways connecting the dispensary to any other facility. Any and all common walls of the dispensary shall be fire walls subject to approval by the Township Building Code Official to assure that 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 Township's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and the MMA.
(d) A medical marijuana dispensary facility shall not be located within 1,000 feet of any residential zoning boundary line or within 1,000 feet of any public, private or parochial schools or day-care centers. This 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 closest 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 Township Manager or the Township Manager's designee with the name, phone number, facsimile number, and email address of an on-site representative to whom the Township and the public can provide notice if there are any operational problems associated with the medical marijuana dispensary facility. All medical marijuana dispensary facilities 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 Township or 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, all areas where waste facilities are stored, 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 Township Building Code Official and law enforcement personnel shall have the right to enter the medical marijuana dispensary facility with due cause for the purpose of making reasonable inspections, to observe and enforce compliance with this section, all laws of the Township, 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 medical marijuana dispensary facility;
[2] The address of the location for which the special exception is sought;
[3] The site plan and floor plan for the proposed premises denoting the use of all areas of the premises, including storage, dispensary areas, lighting, signage, parking, etc.;
[4] The proposed security plan in compliance with the MMA;
[5] The name and address of the owner and lessor of the real property upon which the medical marijuana dispensing activity is 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 a medical marijuana dispensary facility will be operated on the property;
[6] Evidence that the medical marijuana dispensary facility will be located in a structure that is compliant with all of the requirements of the MMA; and
[7] The location of any other existing or proposed marijuana dispensaries within 3,000 feet of the site.
(i) Enforcement.
[1] Any person who engages in a violation of this section, or who owns, possesses, controls, or has charge of any parcel of real property in the Township upon which a violation of this section is maintained, shall be subject to the penalties and remedies provided by this section.
[2] Any violation of this section shall constitute a separate offense for each and every day the violation occurs or persists.
[3] Any person in violation of any provision of this section shall be punishable by a fine of up to $1,000 per offense.
D. Conditional uses, subject to the provisions of Article
XXVII of this chapter. The following shall apply to C-1 District properties located outside of the Concordville Village Overlay District. None of the conditional uses listed below shall apply to the Concordville Village Overlay District.
(1) Retail store or shop with a gross floor area of 30,000 square feet and greater, subject to §
210-121.
(2) Convenience store or mini-market of 4,000 square feet or more, and/or including the sale of gasoline as an accessory use, provided:
(a) Said use is designed for commercial goods and hours of operation which encourage short stops for specific items rather than extensive shopping trips.
(b) The lot on which such use is established shall not be less than three acres in size.
(c) The lot on which such use is established shall be located at a highway intersection with the lot containing frontage on two highways classified as principal arterial highways and/or collector highways by Chapter
160, Subdivision and Land Development.
(4) Any establishment that receives a transfer of a liquor license.
(5) Outside restaurant use, including the service of food, beverage and/or liquor, provided that:
[Added 8-25-2015 by Ord. No. 367]
(a) All outside service areas are limited to 10% of the size of the indoor service area.
(b) No outside restaurant use is permitted with respect to any restaurant property which borders a residential district.
(c) No outside bar, no outside entertainment, music, or games, and no outside food preparation, grilling or cooking is permitted.
(6) Motor vehicle sales agencies (not to include the sale of trucks with a GVWR of more than 19,500 pounds/Class 5 Truck Classification) and motor vehicle rental agency, provided:
[Added 11-8-2023 by Ord. No. 403]
(a) The lot on which such use is established shall not be less than one and one-half acres in size;
(b) The lot on which such use is established shall have frontage on a highway classified as a principal arterial highway by Chapter
160, Subdivision and Land Development; and
(c) The lot on which such use is established shall be adjacent to or partially adjacent to a property zoned C-2.
E. The uses permitted by right, special exception or conditional use shall not include adult entertainment uses, as defined in this chapter.