East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE X
CS/LI Commercial Service/Limited Industrial District
§ 399-50 Statement of intent.
The Commercial Service/Limited Industrial District is intended to provide, under explicit conditions and standards, for personal and business service uses and light industrial and manufacturing uses within East Brandywine Township. Specifically, it recognizes the existing uses of land in a confined area along Route 322 adjacent to the Caln Township boundary, and the appropriateness of such area for those uses. It permits limited new uses which are compatible with the existing uses and with the Township's overall character and pattern of land use.
§ 399-51 Use regulations.
A.
Permitted uses. A building may be erected, altered, or used, and a lot may be used or occupied as of right for any one of the following purposes, or for as many as three such purposes in combination, and no other.
(1)
Carpenter shop, butcher shop, and other similar uses, except that such uses shall not involve slaughter operations.
(2)
Repair of television, radio, and similar appliances and equipment.
(3)
Nonretail, membership-only gasoline stations.
(a)
Notwithstanding the otherwise applicable terms of this section, the combining of one or two additional uses with such a gasoline service station on one property shall be permitted only upon the grant of conditional use approval by the Board of Supervisors, in accordance with the terms of Subsection B below.
(4)
Personal service enterprises such as barbershop; beauty salon; shoe repair; tailor; clothes cleaning or pressing operation, including associated dropoff/pickup facility; plumber; electrician.
(5)
Office for the professional practice of medicine, law, engineering, architecture, real estate, insurance, or financial consultation.
(6)
Studio for performing or visual arts; gallery.
(7)
Specialty shop and facilities for craftsmen, such as blacksmiths, tinsmiths, or cabinet makers.
(8)
Newspaper printing, job printing.
(9)
Florist shop; greenhouse.
(10)
Medical clinic providing outpatient care; animal hospital.
(11)
Research, engineering, or testing laboratory.
(12)
Dropoff/collection center for recyclable materials, when operated by the Township, Chester County, or a nonprofit or citizens' recycling organization.
(13)
Motor vehicle services. Repair, body work, vehicle towing service, or any combination thereof. Vehicle towing service, including truck parking/storage and vehicle impoundment area, shall be in accordance with § 399-102.3.
[Added 11-6-1996; amended 10-19-2005 by Ord. No. 4-2005]
(14)
Forestry, as defined by this chapter, including logging activities when in accordance with the standards in § 399-102.1.
[Added 12-30-2004 by Ord. No. 04-22]
(15)
No-impact home occupation, in accordance with the terms of § 399-93.
[Added 11-29-2018 by Ord. No. 05-2018]
(16)
Retail sale of consumer fireworks, as licensed and regulated by the Pennsylvania Department of Agriculture and in compliance with Act 43, the Pennsylvania State Fireworks Law.[1] Any person who intends to sell or store consumer fireworks within the Township shall provide proof of such licensure prior to such use being conducted within the Township, in addition to compliance with all other applicable Township ordinances and regulations.
[Added 8-1-2019 by Ord. No. 05-2019]
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
B.
Uses allowed as conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors, in accordance with the terms of this article and the procedures stipulated in § 399-137 of this chapter.
(2)
One or two of the uses listed in Subsection A above when proposed in combination with a nonretail, membership-only gasoline station.
(3)
Any use deemed by the Board of Supervisors to be of the same general character as any of the uses specifically permitted under Subsection A.
(4)
Convenience store, as defined by this chapter, and consistent with the standards in § 399-102 of this chapter.
[Added 3-6-2008 by Ord. No. 03-2008]
(5)
Solar farm, in accordance with the terms of § 399-102.5 of this chapter.
[Added 2-7-2013 by Ord. No. 01-2013]
§ 399-52 Area and bulk regulations.
[Amended 11-6-1996; 11-15-2000; 3-20-2002; 3-6-2008 by Ord. No. 03-2008]
The following standards apply to all uses permitted by right or conditional use within the Commercial Service/Limited Industrial District, with the exception of: junkyards permitted under § 399-51B(1), which shall be governed by the standards in § 399-54; and convenience stores permitted under § 399-51B(4), which shall be governed by the standards in § 399-102 of this chapter.
B.
Minimum lot area. A net lot area of not less than 20,000 square feet shall be required in the Commercial Service/Limited Industrial District. Where the lot is to contain a combination of uses, as permitted in § 399-51A above, a minimum net lot area of 10,000 square feet per use shall be required.
C.
Minimum lot width. Each lot shall have a width of not less than 100 feet at the building setback line.
D.
Minimum front yard. There shall be a front yard on each lot which shall not be less than 50 feet in depth, or in the case of that portion of the property used for a nonretail membership-only gasoline station, not less than 35 feet from the edge of the right-of-way to the base of the gasoline pump island. Within the first 20 feet of depth of the required front yard, as measured from the street right-of-way line, there shall be no parking area or other impervious surface other than that needed at points of ingress to and/or egress from the lot.
E.
Minimum side yard. Where the side lot line abuts a nonresidential use within the Commercial Service/Limited Industrial District, there shall be a side yard along such side lot line having a width of not less than 10 feet. Where the side lot line abuts a residential zoning district boundary, there shall be a side yard along such side lot line having a width of not less than 40 feet.
F.
Minimum rear yard. Where the rear lot line abuts a nonresidential use within the Commercial Service/Limited Industrial District, there shall be a rear yard of not less than 25 feet. Where the rear lot line abuts a residential zoning district boundary, there shall be a rear yard of not less than 50 feet.
G.
Maximum impervious surface area: Not more than 75% of the net area of any lot may be covered by impervious surfaces.
H.
Minimum vegetative cover. Not less than 20% of any lot shall be planted and maintained with existing and/or installed vegetation.
I.
Maximum height. No building or other structure erected, altered, or enlarged in the Commercial Service/Limited Industrial District shall exceed a height of three stories or 35 feet, whichever is less.
§ 399-53 General design standards.
The standards in this section apply to all uses permitted as of right or by conditional use in § 399-51 above.
D.
Screening and buffering. There shall be a landscaped buffer along all property lines which abut a residential use or residential zoning district boundary. Plantings within this buffer shall have a minimum depth of 15 feet and shall be in accordance with § 399-79 of this chapter.
J.
Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.
[Amended 2-18-2015 by Ord. No. 01-2015]
K.
Traffic impacts. The Board may require that a traffic study by prepared and submitted as part of any application within the Commercial Service/Limited Industrial District. The content of the study shall be such as to enable the Board to assess the likely impacts of the proposed development on the existing transportation network of the Township and surrounding areas. The purpose of the study is to identify any traffic problems likely to result from the capacities, off-site traffic flow, public transportation, and pedestrian and other nonvehicular circulation. The Township shall review the methodology, assumptions, findings, and recommendations of the study. The Board, upon recommendation from the Township Engineer or its own traffic consultant, may impose upon the applicant additional improvements deemed necessary to accommodate impacts of the proposed development.
§ 399-54 Standards and criteria for junkyards.
An applicant for conditional use approval of a junkyard shall submit a plan (map and text), describing specifically how each of the following standards and criteria will be met:
A.
Area, bulk, and impervious surface requirements:
(1)
Minimum lot area. A minimum net lot area of not less than 10 acres shall be provided.
(2)
Minimum lot width. Each lot shall have a width of not less than 200 feet, measured at the building setback line.
(4)
Maximum impervious surface area. Not more than 30% of the net area of any lot shall be covered by impervious surfaces.
[Amended 3-20-2002]
B.
Standards for storage of junk.
(1)
No junk shall be stored or accumulated within 50 feet of the side and rear lot lines of the licensed premises, nor shall any junk be stored or accumulated within 50 feet of any street right-of-way line that the licensed premises abuts.
(2)
No item of junk shall be stored, maintained, situated, placed, or otherwise located within any designated floodplain area or within 100 feet of any river, stream, run, creek, irrigation ditch, or any other natural watercourse. The more stringent of these two standards shall govern in all cases.
(3)
Any view of the junkyard from a public road or from an adjoining property shall be effectively screened, as stipulated by § 399-53D of this article.
(4)
The maximum height of any outdoor unenclosed accumulation of junk materials within a junkyard shall be eight feet.
(5)
The premises shall at all times be maintained so as not to constitute a nuisance, or a menace to the health and welfare of the community or to residents nearby, or a place for the breeding of rodents and vermin.
(6)
That portion of the premises that is being used directly for the storage of junk shall be enclosed by a metal chain link fence constructed of heavy duty steel and supported upon steel posts, or in lieu thereof, a solid masonry or metal wall of a uniform design, texture, and structure. The land area between the fence or wall and any public street shall be landscaped in accordance with the terms of §§ 399-78 and 399-79. Such fence or wall shall not be less than six feet in height.
(7)
No garbage, other organic waste, or hazardous waste shall be stored on such premises.
(8)
The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the land and to facilitate access for inspection purposes and fire fighting. All junk shall be arranged and maintained in a neat and orderly fashion. All junk shall be arranged in rows; each row shall be no greater in depth than 40 feet. Rows shall have at least 12 feet of clear space between them. Consideration shall be given at curves and turning points, for the wider aisles needed by fire-fighting equipment.
(9)
Every structure erected upon the premises and used in connection therewith shall be of fireproof construction, as deemed sufficient by the Township Engineer.
(10)
Gasoline, oil, air-conditioner refrigerant, coolant system fluids, or any similar potentially hazardous substance shall be removed from any junk or other items received at the junkyard prior to storage of such junk or other items on the premises. Removal and disposal or storage of such liquids shall be in a manner deemed acceptable by the Board upon advice of the Township Engineer, and shall meet all requirements of the Pennsylvania Department of Environmental Protection. Such liquids shall not be deposited on or into the ground.
(11)
The only vehicle tires that may be accepted at the junkyard shall be those mounted on or contained within a vehicle that is deposited at the junkyard for salvage or disposal. Once such tires are removed from the vehicle being salvaged, they shall be stored under cover and otherwise handled in accordance with the requirements of the Pennsylvania Department of Environmental Protection. Post-salvage tires shall be disposed of off site; no burning or processing of tires or tire material shall be permitted. At no time shall the number of accumulated tires removed from vehicles within the junkyard exceed 500.
(12)
No junk or other material shall be burned on the premises.
(13)
No junk shall be buried on the premises.