Concord Township City Zoning Code
ARTICLE XIV
C-2 Planned Business and Commercial District
§ 210-126 Purpose.
A.
Planned business and commercial districts are designed to offer Township-wide and regional services and provide for development which must meet special requirements.
B.
The districts shall be developed as a group or groups of business and compatible facilities with appropriate landscaping. All development shall conform to a comprehensive set of design requirements related to such issues as access, land use, building placement, building coverage, traffic safety, off-street parking, buffering and screening and stormwater management.
§ 210-127 Use regulations.
A building or unified group of buildings may be erected or used and a lot may be used or occupied for any of the following uses and no other, and subject to § 210-224 of this chapter 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 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 this chapter, Article XIXA, relating to historic preservation; and further provided that the use shall comply with the provisions of Article XX, Floodplain Conservation District, of this chapter.
A.
Uses by right (permitted principal uses).
(1)
The principal permitted uses of the C-1 District from § 210-119A and telecommunications facilities with antenna as a conditional use, subject to the provisions of Articles XXA and XXVII of this chapter, may apply whenever the total lot area of the property is less than three acres on the effective date of this chapter.
[Amended 10-5-1999 by Ord. No. 244]
(2)
A planned shopping center, including the following uses as part of an integrated retail development:
(a)
Retail store, including department store, variety store, furniture store, specialty shop or any other retail store or shop designed primarily to serve an area larger than the immediately surrounding neighborhood, with a gross floor area of less than 65,000 square feet.
(b)
Retail service or personal service shop, provided that:
[1]
Any repair or service activity, if located on the ground floor, shall be not less than 15 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.
[2]
The area devoted to repair or service activity shall constitute not more than 60% of the gross floor area.
[3]
Any materials employed for laundry or dry cleaning will not involve danger of fire or explosion.
(c)
Office, office building, utility office, professional office.
(d)
Studio, broadcasting studio.
(e)
Bank or financial institution.
(f)
Automated teller machine (ATM).
(g)
Commercial drop-off and pickup boxes.
(h)
Day-care center.
(3)
Restaurant.
(4)
Commercial education or instruction; educational institution.
(5)
Governmental building.
(6)
Health center.
(7)
Health spa and/or physical fitness club.
(8)
Religious institution.
(9)
Community center.
(10)
Library.
(11)
Motor vehicle parts accessories store, not including sale of motor fuel.
(12)
Tourist house/home.
(13)
Clinic.
B.
Accessory uses.
(1)
Vehicle parking lot as accessory use to the permitted commercial uses.
(2)
Accessory use on the same lot with and customarily incidental to any of the principal permitted uses, which use may include:
(a)
Storage within a completely enclosed building in conjunction with a permitted use.
(b)
Living accommodations 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 shall be located on the first floor.
C.
Uses by special exception, when authorized by the Zoning Hearing Board.
[Amended 1-2-2001 by Ord. No. 255]
(1)
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)
Motor vehicle sales agency (not to include a heavy truck sales agency as a principal use) and motor vehicle rental agency, provided that all facilities are located and all services are conducted within the confines of the lot.
(3)
Hotel, motel, or inn, provided that such use is designed so as to constitute a logical and harmonious element of the overall development plan for the particular district location.
(4)
Bus or railway station.
(6)
Funeral home.
(7)
Laundry, dry-cleaning or clothes-pressing establishment, provided that the materials employed will not involve danger from fire or explosion, and the use will not detract from the predominant commercial character of the district and will be served by public sewer.
(8)
Commercial greenhouse or nursery.
(9)
Wholesale business establishment.
(11)
Auction house.
(12)
Emergency service facility.
(13)
Administrative regional headquarters of motor vehicle rental agency, including incidental local motor vehicle rental agency, together with an accessory temporary storage lot, provided that:
(a)
The local motor vehicle rental agency shall be located in the headquarters office building and shall occupy no more than 20% thereof.
(b)
Vehicles for storage may be in a parking arrangement that is stacked without aisles.
(c)
Any accessory temporary storage lot shall be used only for nonrented vehicles and shall be screened from adjacent streets and properties by use of a berm, fence, wall or dense plantings, or a combination thereof
(d)
The sale, service, repair or washing of motor vehicles is prohibited.
(14)
Shops of craftsmen, provided that the gross floor area devoted to such use shall not exceed 8,000 square feet.
(15)
Indoor entertainment facility, including a dinner theatre, music theatre and/or performing arts center or theatre.[1]
(16)
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 C-2 Planned Business and Commercial 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,[2] and the MMA.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(d)
A medical marijuana dispensary facility shall not be located within 1,000 feet of a 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 waste storage facilities, and any other areas as required by the conditions imposed as part of the grant of the special exception. Any and all recordings shall be kept for a period of at least two years.
(g)
The 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 subsection, or who owns, possesses, controls, or has charge of any parcel of real property in the Township upon which a violation of this subsection e is maintained, shall be subject to the penalties and remedies provided by this subsection.
[2]
Any violation of this subsection shall constitute a separate offense for each and every day the violation occurs or persists.
[3]
Any person in violation of any provision of this subsection shall be punishable by a fine of up to $1,000 per offense.
D.
Conditional uses, subject to the provisions of Article XXVII of this chapter.
[Amended 1-2-2001 by Ord. No. 255]
(1)
Retail store, including department store, variety store, furniture store, specialty shop or any other retail store or shop designed primarily to serve an area larger than the immediately surrounding neighborhood, with a gross floor area of 65,000 square feet and greater, subject to § 210-129.
(2)
Restaurant, fast-food; restaurant, drive-in service; restaurant, drive-through service.
(3)
Indoor place of amusement, such as a theater, or indoor recreation such as a bowling alley.
(4)
Outdoor place of amusement.
(5)
Hospital.
(7)
Convenience store or mini-market of 4,000 square feet or more, and/or including the retail sale of gasoline as an accessory use, provided that:
[Added 7-3-2001 by Ord. No. 259]
(8)
Retail sale of fireworks.
[Added 5-2-2006 by Ord. No. 302]
(9)
Any establishment that receives a transfer of a liquor license.
[Added 1-2-2007 by Ord. No. 309]
(10)
Car wash.
[Added 5-6-2008 by Ord. No. 321]
(11)
Seasonal outdoor restaurant seating.
[Added 3-1-2011 by Ord. No. 334]
(a)
Seasonal outdoor restaurant seating contemplates the service of food and beverages, including alcoholic beverages if the establishment possesses a valid liquor license, to patrons seated at tables and chairs arranged in an orderly fashion in a partitioned area outside and contiguous to the restaurant building. Said area shall not include a separate bar for the service of alcohol.
(c)
An enclosure wall or fence shall be required to be constructed around the perimeter of any seasonal outdoor restaurant seating area at a minimum height of 42 inches.
(d)
Seasonal outdoor restaurant seating may be uncovered, partially covered or fully covered by means of umbrellas, an awning or canopy, but in no instance shall said area be fully enclosed and heated so as to be utilized as seating area at any time from November 1 through April 1.
(e)
The design of the seasonal outdoor restaurant seating area shall be reviewed and approved by the Township Planner as part of the conditional use permitting process to ensure compatibility with the corresponding building and landscape.
(f)
Minimum security lighting shall be provided for all seasonal outdoor restaurant seating areas open to the public. Decorative or accent lighting may be used, provided that the canopy/awning lighting is directed downward. Exposed neon tube lighting shall be prohibited.
(g)
All forms of speaker amplification associated with the seasonal outdoor restaurant seating shall be reviewed and approved by the Township Engineer as part of the conditional use permitting process.
(h)
Outdoor fireplaces, fountains and any other structures accessory to the seasonal outdoor restaurant seating area shall be reviewed and approved by the Township Township Council as part of the conditional use permitting process.[3]
[3]
Editor's Note: Former Subsection D(12), Single-family attached dwelling units, added 2-19-2013 by Ord. No. 346, which immediately followed this subsection, was repealed 9-3-2019 by Ord. No. 388.
E.
The uses permitted by right (principal permitted uses) and the uses permitted as conditional uses shall not include adult entertainment uses, as defined in this chapter.
§ 210-128 Yard and area regulations.
A.
Site area. Unless provided for otherwise, the minimum site area shall be three acres, whether a single tract or several tracts are joined in one application. Every development lot within the site area shall have an area of not less than 2,500 square feet, and such lot shall be not less than 20 feet in width at the building line, except for the telecommunication facility which shall be in accordance with the regulations governing same.
B.
Total impervious coverage. The total impervious coverage shall not exceed 70% of the lot area.
C.
Total building area coverage. The building area coverage shall not exceed 35% of the lot area.
D.
Minimum structure setback.
(1)
Front yard. There shall be a building setback on each street on which a site abuts which shall be not less than 50 feet in depth from the ultimate right-of-way line.
(a)
The entire yard, except for required parking and walkways, shall be planted with an all-season ground cover not to exceed one foot in height. Such planting shall be continuous across the entire frontage from one side property line to the other side property line and may be broken only for access drives. A decorative buffer wall, fence, or dense hedge, which shall not be less than three feet or greater than five feet in height, shall be erected or planted a minimum of 25 feet from the ultimate right-of-way line. The buffer shall be interrupted only for access drives.
(2)
Side yards. For each building or unified group of buildings erected on a building development lot or group of lots there shall be two side yards, neither of which shall be less than 10 feet in width, except that where a lot abuts a residence district in the Township or a similar district in an adjoining municipality, a side yard shall be provided which shall be not less than 50 feet in width.
(3)
Rear yard. There shall be a rear yard on each building development lot or group of lots which shall be not less than 20 feet, except that where the actual or designated rear yard abuts a residential district in the Township or a similar district in an adjoining municipality, in which case:
(a)
The rear yard shall be increased to a minimum of 50 feet, and 30 feet of which shall be an evergreen screen landscaped buffer of at least six feet in height. Such planting shall be continuous along the entire property line and may be broken only for access drives.
(b)
No driveway shall be closer than 15 feet to a property line, except for approved shared driveways.
E.
Height. No building shall exceed 35 feet in height, provided that such height limits may be exceeded by five feet for each 5% that the lot coverage is decreased below the maximum building area requirements, up to a maximum height of 45 feet.
F.
Lot area of less than three acres. Whenever a use is permitted on a property of a total lot area of less than three acres on the effective date of this chapter [see § 210-127A(1)], the yard and area regulations set forth in § 210-120A through E, inclusive, shall govern.[1]
[Added 10-5-1999 by Ord. No. 244]
[1]
Editor's Note: Former § 210-128.1, Yard and area regulations for single-family attached dwelling unit developments, added 2-19-2013 by Ord. No. 346, which immediately followed, was repealed 9-3-2019 by Ord. No. 388.
§ 210-129 Special development regulations.
The special requirements prescribed for C-1 Local Commercial Districts in § 210-121 shall apply to C-2, except as follows:
A.
Along each side or rear property line which directly abuts an R-1 to R-3 Residence District in the Township or a similar district in an adjoining municipality, a screen buffer planting strip of not less than 50 feet in width, as defined in Article XXI, Landscaping, shall be provided. Along each side or rear property line which directly abuts an R-A, R-AH, R-PRD or R-MHP District in the Township or a similar district in an adjoining municipality, a screen buffer planting strip of not less than 30 feet in width, as defined in Article XXI, Landscaping, shall be provided. Along each street line bounding a residence district, a strip of land not less than 20 feet in width shall be suitably landscaped except for necessary sidewalks and accessways crossing the strip. Parking shall not be permitted within the buffer planting strip. All landscaping shall be in accordance with Article XXI of this chapter, and Chapter 160, Subdivision and Land Development.
B.
Landscaping. Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall landscape plan to be reviewed and evaluated by the Township. Maximum protection shall be exercised with the conservation of the natural woodland in landscaping.
C.
Screening of roof objects. Water towers, storage tanks, processing equipment, stand fans, skylights, cooling towers, communication towers, vents, satellite dishes and any other structures or equipment which rises above the roof line shall be limited to five feet in height and shall be effectively shielded from view from any public or private dedicated street by an architecturally sound method to be submitted by the developer which shall be approved, in writing, by the Township Council before construction or erection of said structures or equipment.
§ 210-130 Landscaping regulations.
See Article XXI of this chapter.
§ 210-131 Sign regulations.
See Article XXIII of this chapter.
§ 210-132 Off-street parking and loading requirements.
See Article XXII of this chapter.
§ 210-133 Site plan review regulations.
See Chapter 160, Subdivision and Land Development Ordinance.