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Douglass Township City Zoning Code

ARTICLE XII

GC General Commercial District

§ 265-98 Declaration of legislative intent.

The following is an expansion of the Statement of Community Development Objectives contained in Article I of this chapter. It is the intent of this article to allow the Gilbertsville Commercial Core Area to function as the commercial center of the Township. Further, it is the intent of this article to:
A. 
Provide the broadest range of commercial use in the Township.
B. 
Encourage sensitive development of new commercial uses that are compatible with existing development in the Gilbertsville Core Area.
C. 
Control reuse and/or conversions of existing properties within the district in an appropriate manner.
D. 
Provide regulations to minimize conflicts between commercial uses and abutting residential uses.
E. 
Regulate access to minimize traffic congestion and hazards.
F. 
Regulate parking to provide sufficient capacity and encourage well-designed and functional parking areas.
G. 
Encourage highway oriented uses which attract large volumes of traffic and continuous customer turnover to be located in shopping centers as satellite uses.
H. 
Serve the needs of the Township's growing population.

§ 265-99 Use regulations.

Permitted uses are grouped into five classifications according to the minimum lot size required for each classification. Minimum lot sizes vary from 7,500 square feet to five acres as stipulated further in this article.

§ 265-100 Class One permitted uses.

On lots with a minimum area of 7,500 square feet but less than 10,000 square feet, a building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes:
A. 
By-right uses.
(1) 
Use D-8: Convenience Store.
(2) 
Use D-15: Marijuana Dispensary.
(3) 
Use D-20: Personal Service/Care.
(4) 
Use D-22: Restaurant, Dine In.
(5) 
Use D-23: Restaurant, Take Out.
(6) 
Use D-24: Retail Establishment.
(7) 
Use D-28: Tavern/Bar.
(8) 
Use D-27: Studio.
(9) 
Use E-2: Business/Professional Office.
(10) 
Use F-5: Parkland.
B. 
Special exception uses.
(1) 
Use G-1: Adult/Child Day-Care Center.
C. 
Accessory uses.
(1) 
Use A-2: Nonresidential Accessory Structure.
(2) 
Use A-5: Fences and Walls.
(3) 
Use A-9: Accessory Roof-Mounted Solar Energy System.
(4) 
Use A-11: Outdoor Dining.
(5) 
Use A-12: Communications Antennae.
(a) 
Special exception approval by the Zoning Hearing Board is needed if antennae are more than 15 feet higher than the structure on which they are mounted, or if not mounted on an existing structure.
(6) 
Use A-14: Mobile Food Vendor.

§ 265-101 Class Two permitted uses.

On lots with a minimum area of 10,000 square feet and a minimum width at the building line of 75 feet, a building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes:
A. 
By-right uses.
(1) 
Use D-4: Bank/Financial Institution.
(2) 
Use D-8: Convenience Store.
(3) 
Use D-10: Farmers Market.
(4) 
Use D-15: Marijuana Dispensary.
(5) 
Use D-16: Microbrewery/Microdistillery/Microwinery.
(6) 
Use D-20: Personal Service/Care.
(7) 
Use D-21: Repair Services.
(8) 
Use D-22: Restaurant, Dine In.
(9) 
Use D-23: Restaurant, Take Out.
(10) 
Use D-24: Retail Establishment.
(11) 
Use D-27: Studio.
(12) 
Use D-28: Tavern/Bar.
(13) 
Use D-29: Supermarket/Grocery Store.
(14) 
Use E-2: Business/Professional Office.
(15) 
Use F-5: Parkland.
B. 
Special exception uses.
(1) 
Use D-1: Adult Use.
C. 
Accessory uses.
(1) 
Use A-2: Nonresidential Accessory Structure.
(2) 
Use A-5: Fences and Walls.
(3) 
Use A-9: Accessory Roof-Mounted Solar Energy System.
(4) 
Use A-11: Outdoor Dining.
(5) 
Use A-12: Communications Antennae.
(a) 
Special exception approval by the Zoning Hearing Board is needed if antennae are more than 15 feet higher than the structure on which they are mounted, or if not mounted on an existing structure.
(6) 
Use A-14: Mobile Food Vendor.

§ 265-102 Class Three permitted uses.

One lots with a minimum area of 25,000 square feet and a minimum width at the building line of 125 feet, a building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes:
A. 
By-right uses.
(1) 
Use D-2: Automobile Sales and Rental.
(2) 
Use D-4: Bank/Financial Institution.
(3) 
Use D-6: Car Wash.
(4) 
Use D-8: Convenience Store.
(5) 
Use D-10: Farmers Market.
(6) 
Use D-14: Laundry (Self-Service).
(7) 
Use D-15: Marijuana Dispensary.
(8) 
Use D-16: Microbrewery/Microdistillery/Microwinery.
(9) 
Use D-18: Overnight Lodging (Hotel, Motel, Tourist Home, Rooming House).
(10) 
Use D-22: Restaurant, Dine In.
(11) 
Use D-23: Restaurant, Take Out.
(12) 
Use D-24: Retail Establishment.
(13) 
Use D-27: Studio.
(14) 
Use D-28: Tavern/Bar.
(15) 
Use D-29: Supermarket/Grocery Store.
(16) 
Use E-2: Business/Professional Office.
(17) 
Use F-2: Indoor Recreation/Amusement.
(18) 
Use F-5: Parkland.
B. 
Special exception uses.
(1) 
Use D-1: Adult Use.
(2) 
Use D-12: Fuel Service Station.
C. 
Accessory uses.
(1) 
Use A-2: Nonresidential Accessory Structure.
(2) 
Use A-5: Fences and Walls.
(3) 
Use A-9: Accessory Roof-Mounted Solar Energy System.
(4) 
Use A-11: Outdoor Dining.
(5) 
Use A-12: Communications Antennae.
(a) 
Special exception approval by the Zoning Hearing Board is needed if antennae are more than 15 feet higher than the structure on which they are mounted, or if not mounted on an existing structure.
(6) 
Use A-13: Drive-Through Facility.
(7) 
Use A-14: Mobile Food Vendor.

§ 265-103 Class Four permitted uses.

On lots with a minimum area of two acres and a minimum width at the building line of 175 feet, a building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes:
A. 
By-right uses.
(1) 
Use D-2: Automobile Sales and Rental.
(2) 
Use D-4: Bank/Financial Institution.
(3) 
Use D-6: Car Wash.
(4) 
Use D-8: Convenience Store.
(5) 
Use D-10: Farmers' Market.
(6) 
Use D-14: Laundry (Self-Service).
(7) 
Use D-15: Marijuana Dispensary.
(8) 
Use D-16: Microbrewery/Microdistillery/Microwinery.
(9) 
Use D-18: Overnight Lodging(Hotel, Motel, Tourist Home, Rooming House).
(10) 
Use D-19: Parking Structure.
(11) 
Use D-20: Personal Service/Care.
(12) 
Use D-21: Repair Services.
(13) 
Use D-22: Restaurant, Dine In.
(14) 
Use D-23: Restaurant, Take Out.
(15) 
Use D-24: Retail Establishment.
(16) 
Use D-27: Studio.
(17) 
Use D-28: Tavern/Bar.
(18) 
Use D-29: Supermarket/Grocery Store.
(19) 
Use E-2: Business/Professional Office.
(20) 
Use F-2: Indoor Recreation/Amusement.
(21) 
Use F-3: Outdoor Recreation/Amusement.
(22) 
Use F-4: Theater.
(23) 
Use F-5: Parkland.
B. 
Special exception uses.
(1) 
Use D-1: Adult Use.
(2) 
Use D-12: Fuel Service Station.
C. 
Accessory uses.
(1) 
Use A-2: Nonresidential Accessory Structure.
(2) 
Use A-5: Fences and Walls.
(3) 
Use A-9: Accessory Roof-Mounted Solar Energy System.
(4) 
Use A-11: Outdoor Dining.
(5) 
A-12: Communications Antennae.
(a) 
Special exception approval by the Zoning Hearing Board is needed if antennae are more than 15 feet higher than the structure on which they are mounted, or if not mounted on an existing structure.
(6) 
Use A-13: Drive-Through Facility.
(7) 
Use A-14: Mobile Food Vendor.

§ 265-104 Class Five permitted uses.

On lots with a minimum area of five acres and a minimum width at the building line of 350 feet, a building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes:
A. 
By-right uses.
(1) 
Use D-25: Shopping Center.
(2) 
Use F-5: Parkland.
B. 
Satellite uses for Use D-25: Shopping Center.
(1) 
Use D-2: Automobile Sales and Rental.
(2) 
Use D-4: Bank/Financial Institution.
(3) 
Use D-12: Fuel Service Station.
(4) 
Use F-4: Theater.
(5) 
Use D-6: Car Wash.
(6) 
Use D-8: Convenience Store.
(7) 
Use D-10: Farmers' Market.
(8) 
Use D-14: Laundry (Self-Service).
(9) 
Use D-15: Marijuana Dispensary.
(10) 
Use D-16: Microbrewer/Microdistillery/Microwinery.
(11) 
Use D-18: Overnight Lodging (Hotel, Motel, Tourist Home, Rooming House).
(12) 
Use D-19: Parking Structure.
(13) 
Use D-20: Personal Service/Care.
(14) 
Use D-21: Repair Services.
(15) 
Use D-22: Restaurant, Dine In.
(16) 
Use D-23: Restaurant, Take Out.
(17) 
Use D-24: Retail Establishment.
(18) 
Use D-27: Studio.
(19) 
Use D-28: Tavern/Bar.
(20) 
Use D-29: Supermarket/Grocery Store.
(21) 
Use E-2: Business/Professional Office.
(22) 
Use F-2: Indoor Recreation/Amusement.

§ 265-105 Dimensional standards for Class One through Four permitted uses.

A. 
The following dimensional standards shall apply to all development or use of lots between 7,500 and 10,000 square feet in area:
GC Dimensional Requirements for Lots Between 7,500 and 10,000 sq. ft.
Minimum lot area
7,500 sq. ft., 3,000 sq. ft. per dwelling unit if more than 1 building per lot.
Minimum lot width at the building setback line
60 ft.
Minimum front yard setback
10 ft. from the ultimate right-of-way or no less than the smaller of the front yards of the 2 buildings immediately adjacent on either side of the proposed use, whichever is greater. Corner lots: equal to the front yard of the adjacent building on each street frontage or 25 ft., whichever is greater. Front yards are required on each street for corner lots.
Minimum side yard setback
8 ft.
Minimum accessory use setback from rear or side property line
5 ft.; Accessory uses are not permitted in the front yard.
Minimum rear yard
20 ft.
Maximum building length
100 ft. measured parallel to exterior building walls
Maximum size of an individual commercial or office building use
30,000 sq. ft.
Maximum building height
40 ft. (3 stories)
Minimum distance between buildings
16 ft.
Maximum building coverage*
40%
Maximum impervious coverage**
80%
Minimum landscaped area
20% of the lot
B. 
For lots with an area greater than 10,000 square feet, but less than five acres, the following standards shall apply regardless of the type of use proposed:
Class Two Uses
Class Three Uses
Class Four Uses
Lot size
Between 10,000 and 25,000 sq. ft.
Between 25,000 sq. ft. and 2 acres
Between 2 and 5 acres
Minimum front yard
15 ft. for buildings up to 15 ft. in height, 25 ft. for buildings exceeding 15 ft. in height
25 ft. for buildings up to 15 ft. in height or 35 ft. for buildings exceeding 15 ft. in height
100 ft.
Minimum side yard
25 ft. (one side)
25 ft. (one side)
20 ft.
Minimum rear yard
15 ft.
15 ft.
75 ft.
Maximum building height
40 ft.
40 ft.
40 ft.
Maximum building coverage
35%
30%
30%
Minimum landscaped area
20%
20%
20%
Maximum building length
100 ft.
150 ft.
300 ft.
Maximum individual building size for commercial and office use
30,000 sq. ft.
30,000 sq. ft.
30,000 sq. ft.

§ 265-106 Dimensional standards for Class Five permitted uses.

All Class Five permitted uses and any other development on lots of 5 acres or larger must comply with the dimensional standards of this section, as listed below:
Dimensional Standards for Class 5 Uses
Minimum setbacks from street ultimate right-of-way when:
Primary building's width exceeds its depth
200 ft.
Primary building's depth exceeds its width
100 ft.
Primary building's width and depth are equal or cannot be compared because of building's shape
150 ft.
There are satellite buildings or accessory outdoor sales and storage areas, not including automobile sales and rental
75 ft.
From abutting residential or institutional use or district
75 ft.
From abutting commercial or industrial use or district
30 ft.
Maximum individual building size for commercial and office uses
30,000 sq. ft.
Minimum parking and service area setback from street ultimate right-of-way
20 ft.
Maximum building coverage
30%
Minimum vegetative coverage
20%
Minimum parking and service area setback from abutting residential or institutional use or district
40 ft.
Minimum parking and service area setback from abutting commercial or industrial use or district
20 ft.

§ 265-107 Satellite use regulations.

Satellite uses may be proposed in the initial shopping center plan approval process, or be added to the shopping center following initial plan approval in compliance with the following regulations:
A. 
The permitted number of satellite uses shall be determined by multiplying the tract size in acres by 0.40. However, in no case shall be maximum number of satellite uses exceed five regardless of the tract size.
B. 
Not more than 10% of the total allowable building coverage for shopping centers shall be devoted to satellite uses.
C. 
Total building coverage of the shopping center, including satellite uses, shall not exceed the maximum coverage permitted by § 265-106 of this chapter (30%).
D. 
Access to parking and service areas intended for satellite uses shall be taken only from driveways within the shopping center, and shall not connect directly to an abutting street.
E. 
Parking and service areas intended for satellite uses shall be separated from primary shopping center parking area by landscaped barrier islands to direct and control traffic flow. Such landscaped islands shall adhere to the applicable regulations of the Township's Subdivision and Land Development[1] Ordinance.
[1]
Editor's Note: See Ch. 230, Subdivision and Land Development.

§ 265-108 Vehicular access standards.

The following regulations shall pertain to all lots to be developed in the General Commercial District, and shall govern lots to be redeveloped in the district to the maximum extent possible:
A. 
Number and spacing of driveways. The following table shall govern the number of access driveways permitted and the minimum driveway spacing requirements:
Lot Widths at the Building Line
For lots less than 150 ft. wide at the ultimate right-of-way
For lots more than 150 ft. wide at the ultimate right-of-way
Maximum number of driveways
1
2
Minimum distance from property line to driveway centerline
0 ft. (shared)
0 ft.
Minimum distance from ultimate right-of-way of street intersection to driveway centerline
50 ft.
75 ft.
Minimum spacing between driveway centerlines on 1 lot
N/A
75 ft.
B. 
Access to corner lots. The Township Board of Supervisors may prohibit access to and/or from one of the streets abutting a corner lot if access to that street would:
(1) 
Create a traffic hazard because of high traffic volume, congestion, limited sight distance or the sharpness of a curve or curves in the road; or
(2) 
Unduly impact existing residential development.
C. 
Driveway specifications. Vehicular access driveways leading onto a public street shall be built to the dimensional requirements specified in the Douglass Township Subdivision and Land Development[1] Ordinance.
[1]
Editor's Note: See Ch. 230, Subdivision and Land Development.
D. 
Shared access. Each use shall provide access easements for its parking aisles and driveways guaranteeing access to all abutting lots zoned Limited Commercial, unless all possible interconnections between two abutting lots must cross 20 linear feet or more of wetlands, floodplain, or natural slopes of 15% or more. Parking areas on adjacent lots shall be directly connected by a driveway. The following regulations apply to shared access driveways:
(1) 
Liability safeguards for all property owners and lessees served by the shared facilities shall be guaranteed to the satisfaction of the Supervisors upon recommendation of the Township Solicitor.

§ 265-109 Lot line developments.

If a building is proposed to be constructed on the lot line with only one side yard it is required to conform to the following provisions:
A. 
Building walls situated on lot lines shall not contain windows, doors or other openings, and shall be designed and constructed in a manner which shall minimize fire hazards and the need for maintenance.
B. 
The roof shall not be drained toward a wall situated on a lot line.
C. 
No building wall shall be placed on a side lot line, unless access is provided onto the abutting property to allow for inspection, maintenance and repair of the building wall and foundation. Provision for access shall be guaranteed by irrevocable easement or other legal mechanism to the satisfaction of the Supervisors upon recommendation of the Township Solicitor.
D. 
Structures on abutting lots may be built along their common lot line creating a party wall between the abutting uses.

§ 265-110 General regulations.

The following general regulations shall apply to any development proposal within the General Commercial District:
A. 
Ownership. The tract of land shall be in single ownership, or ownership shall be such that the tract will be developed under a single direction in accordance with an approved plan.
B. 
Development plan. The application for development shall be accompanied by:
(1) 
Plan or plans showing detailed use of the entire tract, which shall:
(a) 
Comply with the Douglass Township Subdivision and Land Development[1] Ordinance.
[1]
Editor's Note: See Ch. 230, Subdivision and Land Development.
(b) 
Comply with all other applicable ordinances.
(2) 
The plan shall clearly designate the proposed use(s) of each area of the tract.
C. 
Development stages and permits. The development of the tract may be carried out in either a single phase or in stages. If carried out in stages the development shall be in accordance with a development agreement which shall:
(1) 
Be binding to the overall tract and its development.
(2) 
Be recorded with the final plan.
(3) 
Be acceptable to the Township Solicitor and governing body.
D. 
Other development regulations.
(1) 
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2) 
Landscape planting. Shade trees and other plant materials satisfactory to the Board of Supervisors shall be provided along the street frontage occupied by developments in the General Commercial District, in other non-paved areas of the site, and within traffic-barrier islands installed in the parking lot, in compliance with §§ 230-46 and 230-48 of the Township's Subdivision and Land Development Ordinance. No shrubs shall be used that will interfere with driver's sight distances at driveway intersections.
(3) 
Trash and refuse area. Trash and refuse shall either be stored inside the building or within an opaque screened area, which shall be at least six feet high.
(4) 
Service area. Loading and unloading areas shall be provided which do not conflict with pedestrian or vehicular movement. Loading docks, utility meters, HVAC equipment, trash dumpsters, and other service functions shall be incorporated into the overall design theme of the building so that the architectural design is continuous. These areas shall be located and screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.

§ 265-111 Sewer and water facilities.

All development in the General Commercial District shall be served by public sewer and water facilities.

§ 265-112 Buffer requirements.

Buffers shall be provided in compliance with § 230-47 of the Township's Subdivision and Land Development[1] Ordinance.
[1]
Editor's Note: See Ch. 230, Subdivision and Land Development.

§ 265-113 Design standards.

A. 
Building design standards. All buildings shall meet the following standards:
(1) 
Rear and side facades shall be of finished quality and shall be of color and materials that are similar to the front facade and blend with structures within the development as well as with structures in the surrounding area. Any property with more than one building on the site shall have a common and coherent architectural theme throughout the development.
(2) 
Building facades must be interrupted at least once within every 100 horizontal feet, with offsets of four or more feet in depth along any building facade facing a public street or public parking. Offsets shall be continuous from grade to the roofline.
(3) 
Building facades of 200 feet or more which face public streets or public parking shall, in addition to offsets, include other design elements to break up the facade, such as awnings, porches, canopies, towers, balconies, bays, changes in building materials, gables, or planted trellises.
(4) 
Principal buildings shall have clearly defined, highly visible customer entrances with features such as canopies, porticoes, arches, and integral planters that incorporate landscaped areas and/or areas for sitting.
(5) 
Rooflines shall be varied to add visual interest, to reduce the scale of larger buildings, and to create consistency with buildings in the surrounding area.
(6) 
All shopping centers and other retail establishments with 100,000 square feet or more in gross floor area shall meet the following additional requirements:
(a) 
Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 60% of their horizontal length. To qualify for this requirement, display windows shall begin between 12 to 24 inches above ground level and shall end between 78 inches and 108 inches above ground level.
(b) 
Large buildings and shopping centers shall have clearly defined, highly visible customer entrances for primary buildings featuring no less than three of the following: canopies or porticoes; overhangs; recesses/projections; arcades; raised corniced parapets over the door; peaked roof forms; arches; outdoor patios; or display windows.
(c) 
Storefront landscaping shall be provided between the foundations of buildings and driveways/parking areas. A minimum of 25% of the area between the building foundation and driveways/parking areas shall be landscaped in accordance with § 230-48 of the Township's Subdivision and Land Development[1] Ordinance.
[1]
Editor's Note: See Ch. 230, Subdivision and Land Development.
(d) 
All sides of shopping centers and retail establishments with 50,000 square feet or more of floor area that directly face an abutting public street shall feature at least one customer entrance. This requirement can be met for two sides of a shopping center or large retail establishment by a corner entrance that is visible from both sides.
B. 
Common use area. Shopping centers or large retail establishments of 100,000 square feet or more of gross building floor area shall contain a common use area that will serve as a focal point for the center and provide walkways, seating, and landscaping. Water features, courtyards, mini-parks and plazas are encouraged. The common use area shall meet the following requirements:
(1) 
It shall generally be located between the street and the front facade of the primary shopping center or large retail establishment building, within 200 feet of this building.
(2) 
It shall be equal to or greater in size than 5% of the gross floor area of the shopping center or large retail establishment.
(3) 
It shall be directly connected to the sidewalk in front of the shopping center or large retail establishment, without intervening driveways or streets.
(4) 
It shall consist of one contiguous area, and the shape and location of the common use area shall be approved by the Board of Supervisors in consultation with the Township Planning Agency.
(5) 
It shall be improved with either a gazebo, pavilion, clock tower, or paved patio area with a fountain to help identify this area as the central gathering place for the development. This improvement shall be a minimum of 300 square feet in size.
(6) 
It shall contain shade trees, ornamental plantings, and seating; it may also contain outdoor dining areas.
C. 
Parking design standards.
(1) 
For Class One permitted uses, the design standards of § 265-92 of this chapter shall apply.
(2) 
For Class Two, Three, and Four permitted uses, entrance, exit and internal circulation driveways shall be separated from parking aisle driveways, when feasible and deemed necessary by the Board of Supervisors, upon recommendation of the Township Planning Agency and Engineer.
(3) 
For Class Five permitted uses, entrance, exit and internal circulation driveways shall be separated from parking aisle driveways.
(4) 
Parking aisle driveways shall provide immediate access to parking spaces, and are intended to provide through traffic flow mainly as a convenience to parkers. For Class One through Four permitted uses, parking aisle driveways may serve a multiple role by accommodating entrance, exit and internal circulation movements, when approved by the Board of Supervisors, upon recommendation of the Township Planning Agency and Engineer.
(5) 
Where through traffic flow is not feasible, a permanent paved turnaround area large enough to accommodate passenger cars shall be provided at the closed end of any parking area with a capacity of 30 or more spaces, and which otherwise function as a dead-end parking lot. Parking shall be prohibited within the turnaround area. Acceptable configurations include circular, "T" and "Y" shape facilities.
(6) 
Not more than 10 parking spaces shall be located in an uninterrupted row. If more than 10 parking spaces are located in a row, curbed planted areas with a minimum size of 10 feet by 20 feet shall be located at appropriate intervals to break up the monotonous effect and provide visual interest.
D. 
Pedestrian circulation design standards.
(1) 
There shall be clear grade separated pedestrian connections between all parking areas and all buildings.
(2) 
Continuous internal pedestrian walkways, no less than five feet in width, shall provide a direct link from the public sidewalk or street right-of-way to the principal customer entrance of all principal retail establishments on the site. Walkways shall also connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, and building and store entry points.
(3) 
Unobstructed sidewalks, no less than six feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Along facades with building entrances, the required six-foot wide sidewalk area shall be set back from the facade by a three-foot area that either contains planting beds or additional sidewalk width.
(4) 
All internal pedestrian walkways and crosswalks shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort.