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East Earl Township City Zoning Code

ARTICLE IX

Commercial Neighborhood CN District

§ 450-54 Intended purpose.

The regulations for this district are intended to serve commercial needs of the surrounding residences and residential areas providing a variety of goods and services to meet their needs within existing mixed use areas.

§ 450-55 Permitted uses.

Any one of the following principal uses:
Single-family detached dwelling
Single-family semidetached dwelling
Single-family attached dwelling (townhouse, rowhouse)
Home occupations
Agriculture, horticulture, or floriculture, and any accessory uses or structures appurtenant thereto, including farm-related businesses, with the exception that earthen manure storage facilities are not permitted
Bus passenger stations
Motels, hotels, and bed-and-breakfast establishments
Any retail business not separately listed below as a permitted use, special exception or conditional use whose principal activity is the sale of merchandise in an enclosed building, such as hardware, variety, clothing, personal service shops, appliance stores and similar retail activities, excluding drive-throughs
Convenience stores, including the sale of motor fuels
Business, financial, professional offices, including financial institutions, excluding drive-throughs
Personal service establishments, excluding drive-throughs
Repair establishments contained within an enclosed building
Eating and drinking establishments, excluding drive-throughs
Movie and performing arts theaters, studios for instruction in dance, music, arts and science
Indoor recreational facilities
Florists, greenhouses, or nurseries, provided that all incidental equipment and supplies, including fertilizers and empty cans, are kept within a building
Group day-care homes
Personal care boarding homes
Boarding homes
Nursing homes
Day-care centers
Medical facilities
Veterinary facilities
Parking as a principal use
Municipal facilities
Churches and related uses
Public utility and communication uses where operation requirements necessitate locating within the district
Signs, subject to all applicable provisions, procedures, and requirements of Article XVIII herein
Uses and buildings customarily accessory and incidental to any permitted use
No-impact home-based businesses
Vacation rental houses

§ 450-56 Special exceptions.

The establishment and/or expansion of the following uses may be permitted by the Zoning Hearing Board pursuant to standards and criteria as set forth in Articles XXI and XXV herein.
A. 
More than one principal use permitted by right pursuant to § 450-55 above.
B. 
Outside storage and display when accessory to a permitted use.
C. 
Drive-through establishments.
D. 
Commercial communication towers and antennas for the purpose of facilitating communications services and attendant support structures.
E. 
Conversion apartments.
F. 
Accessory apartments.
G. 
ECHO housing.
H. 
Any other use and its accessory uses or buildings which, in the opinion of the Zoning Hearing Board, are of the same general character as any of the above.
I. 
Event facilities.

§ 450-57 Conditional uses.

The establishment and/or expansion of the following uses may be permitted by the Board of Supervisors, following the opportunity for review by the Planning Commission, pursuant to standards and criteria as set forth in Articles XXII and XXIII herein.
A. 
Age-restricted residential community or continuing care retirement community (CCRC), each with customary access uses, subject to § 450-164A(4).
B. 
Shopping centers and retail stores in excess of 10,000 square feet of gross floor area subject to § 450-164A(50).

§ 450-58 Use restrictions.

The above specified permitted, special exception and conditional uses shall be permitted only under the following conditions:
A. 
Such stores, shops and businesses shall be conducted within an enclosed building, except as otherwise permitted in accordance with Article XXII herein.
B. 
Except where permitted pursuant to § 450-57B, commercial uses shall be limited to a maximum combined area of 10,000 square feet of gross floor or land area utilized solely for the commercial use(s).
C. 
Such uses shall be subject to the performance standards established in § 450-111 of this Zoning Ordinance.
D. 
There shall be no manufacturing, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store, and when all such products are sold on the premises.

§ 450-59 Height regulations.

Unless otherwise specified in Article XXII herein, height regulations shall apply as follows:
A. 
The height of a principal residential building, except for those in an age-restricted residential community or continuing care retirement community, shall not exceed 35 feet.
B. 
The height of a principal nonresidential building, or any building within an age-restricted residential community or continuing care retirement community, shall not exceed 40 feet.
C. 
The height of an accessory structure shall not exceed 24 feet.

§ 450-60 Lot area, lot width, and maximum impervious coverage regulations.

A. 
Lot area, lot width, and maximum impervious coverage for residential uses. For those residential uses provided on individual lots (not including age-restricted residential communities and continuing care retirement communities), the following requirements shall apply:
(1) 
Required service by public water and public sewer. All new lots for which a building permit has not been issued as of April 10, 2007 shall connect to public water and public sewer as a condition of development or building permit approval for any use or structure requiring septic service.
(2) 
Public water/public sewer:
Dwelling Type
Lot Area/Dwelling Unit
(square feet)
Lot Width at Setback
(feet)
Maximum Impervious Coverage
Single-family, detached
8,000
65
40%
Single-family, semidetached
5,000
40
50%
Single-family, attached
3,000
10
50%
Accessory apartment
2,500
651
50%
Conversion apartment
5,000
651
50%
NOTES:
1
Per building.
B. 
Lot area, lot width, and maximum impervious coverage for age-restricted residential communities and continuing care retirement communities:
(1) 
All such uses shall require service by public water and public sewer. The lot area shall be based upon required setbacks, impervious cover, parking standards and loading/unloading standards.
(2) 
Minimum lot width at building setback line: 100 feet.
(3) 
Maximum impervious coverage: 50%.
C. 
Lot area, lot width, and maximum impervious coverage for nonresidential uses. Unless otherwise specified in Article XXII, the following requirements shall apply:
(1) 
All such uses shall require service by public water and public sewer, except for permitted accessory uses not requiring septic service. Minimum lot area and width shall be based upon required setbacks, maximum impervious coverage, parking, loading/unloading, and other applicable standards.
(2) 
Maximum impervious coverage. No more than 75% of the area of the lot, or portion of the lot dedicated to such uses shall be covered by impervious surfaces including all buildings, parking facilities and pedestrianways.
D. 
All remaining pervious areas of the lot shall be maintained with a vegetative cover.

§ 450-61 Setback regulations.

Unless otherwise specified, each lot shall have front, side and rear yards of not less than the depth or width indicated below:
A. 
Front yard: 35 feet measured from the center line of the right-of-way. Exception: Where buildings exist in the same block on either side of the street, the setback line of the building to be constructed shall be provided in accordance with § 450-148A herein.
B. 
Side yards: eight feet. No side yard shall be required where structures abut one another.
C. 
Rear yard: 25 feet.
D. 
Interior yards (open space between principal structures). Interior yards shall be provided in accordance the below requirements:
(1) 
When front to front, rear to rear, or front to rear, parallel structures shall have 50 feet between faces for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distances at the other end. Where service drives or bank grade changes or collector walks are introduced in this space, the distance between structures shall be at least 50 feet.
(2) 
End to end, a distance of 25 feet between structures for a one-story structure plus five feet additional for each story in excess of one.
(3) 
End to front, or end to rear, a distance of 30 feet between structures for each one story structure plus five feet additional for each story in excess of one.
(4) 
When adjacent structures differ in the number of stories, the required distance between structures shall be calculated on the taller of the structures.
E. 
Residential accessory buildings and structures shall provide front, side, and rear yards in accordance with Article XVI herein. Nonresidential accessory buildings shall conform to the setbacks set forth for principal structures herein.
F. 
Buffer yards/screen plantings shall be provided in accordance with § 450-114 herein.
G. 
When located adjacent to agricultural uses, shade trees shall not be planted closer than 10 feet to the affected property line.

§ 450-62 Off-street parking/access and loading/unloading.

Off-street parking/access and loading/unloading shall be provided in accordance with Article XIX herein and the applicable Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 380, Subdivision and Land Development.

§ 450-63 Site design standards.

The following additional site design standards are applicable for any new construction within the Commercial Neighborhood District:
A. 
Off-street parking. Off-street parking shall be provided only at the side or to the rear of buildings.
B. 
Lighting.
(1) 
Lighting must be controlled in both height and intensity to maintain rural character.
(2) 
Light standards are restricted to a maximum of 20 feet in height.
(3) 
All lighting (except for security purposes) shall be turned off between the hours of 11:00 p.m. and 6:00 a.m.
C. 
Curbs and sidewalks. Curbs and sidewalks shall be required for all new construction and shall be installed in accordance with the applicable Subdivision and Land Development Ordinance, as amended.[1]
[1]
Editor's Note: See Ch. 380, Subdivision and Land Development.