Littlestown City Zoning Code
ARTICLE III
Commercial Districts
§ 500-9 Statement of intent.
In addition to the goals listed in the preamble and the community development objectives, the districts established in these regulations are intended to achieve the following:
A.
To provide sufficient space in appropriate locations for the types of commercial and service establishments anticipated in the Comprehensive Plan.
B.
To protect commercial development against intrusive uses which are incompatible with it and against objectionable influences such as noise or glare and from hazards of fire.
C.
To provide appropriate space for the requirements of present day merchandising, including the provisions of off-street parking spaces, safe circulation of pedestrian and motor traffic in the zone district and in nearby areas.
D.
To promote the most desirable use of land and pattern of building development in accord with a well-considered plan, to promote stable commercial development, to strengthen the economic base of the municipality, to protect the character of the commercial area and nearby districts, to conserve the value of land and buildings, and to promote municipal tax revenues.
§ 500-10 C-3 Highway-Oriented Commercial District. [1]
A.
Specific intent. In addition to the general goals listed in the preamble, it is the purpose of this district to provide an area to accommodate commercial activities which are principally based on automobile use and traffic. Open air uses are permitted in this area. Residential uses are restricted.
B.
Use regulations.
(1)
Uses by right. In any C-3 District, land, buildings, or premises shall be used by right for only one or more of the following:
(a)
Administrative activities.
(b)
Retail sales of goods, prepared foods and/or services.
(c)
Motels-hotels and related facilities such as restaurants, meeting rooms, auditorium spaces and swimming pools.
(d)
Gasoline service stations, storage or public garage, automobile repair shops.
(e)
Eating establishments including restaurants, lunch counters, delicatessens, tea rooms, cafes, taverns, or similar establishments serving food or beverages.
(f)
Parking lots, provided the requirements of § 500-19I(7) are met.
[Added 6-23-1998 by Ord. No. 496]
(g)
Professional offices, including offices for physicians, dentists, lawyers, accountants, real estate agents, insurance agents, newspapers reporters, freelance reporters and/or photographers, artists, planners, architects, engineers, travel agents and similar professional uses.
[Added 1-12-2010 by Ord. No. 642]
(h)
Vehicle sales.
[Added 5-24-2011 by Ord. No. 650]
(2)
Accessory uses. Only the following accessory uses shall be permitted:
(a)
Accessory buildings and uses customarily incidental to the above uses.
(3)
Uses by special exception. The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board, subject to Article IX of this chapter.
(a)
Any testing, cleaning and repairing of materials, goods, and products.
(b)
Wholesale activities.
[Amended 10-8-2019 by Ord. No. 693]
(c)
Retail produce sales.
(d)
Community facilities.
(e)
Nursing home, rest home, or home for the aged, subject to the following special requirements:
[Added 3-27-2001 by Ord. No. 543[2]]
[1]
The minimum lot area required for each four, or remainder over a multiple of four, resident patients or resident guests shall be 2,750 square feet.
[2]
The minimum lot width shall be 60 feet.
[3]
No more than 50 patients or resident guests shall be accommodated at one time in any one establishment.
[2]
Editor's Note: This ordinance provided that it shall take effect 4-7-2001.
(f)
Car wash, either as a principal use or as an accessory use to the principal use on a lot, subject to the following requirements:
[Added 3-22-2005 by Ord. No. 593]
[1]
Where an automatic car wash bay is proposed, space for a minimum of six occupied vehicles is required for those patrons waiting in line for car wash service shall be provided. Where a manual wash bay is proposed, space for a minimum of two occupied vehicles is required for those patrons waiting in line for car wash service shall be provided. The distance shall be measured from the point at which patrons enter the car wash structure. This area shall be physically separated from the balance of the property by a landscaped divider strip. In no case shall vehicles waiting in line for car wash service be permitted to block entrances or normal circulation patterns on the site.
[2]
For all car wash bays, space for a minimum of two vehicles is required for hand finishing or drying. The distance shall be measured from the point 20 feet from the exit of the car wash structure. This area shall be physically separated from the balance of the property by a landscaped divider strip. In no case shall vehicles parked to allow hand finishing or drying be permitted to block entrances or normal circulation patterns on the site.
[3]
Car washes shall utilize a low-volume water recycling system which provides for an average of at least 80% recycled water per wash. If a higher percentage is required by applicable agencies of the Commonwealth of Pennsylvania, the higher percentage shall be applied.
[4]
Provisions shall be made for an on-site drainage system to capture and recycle water used to wash vehicles. To prevent the formation of excess ice within and adjacent to the site during cold weather, and therefore to protect public safety, no site design will be permitted that results in excess water being deposited within a driveway entrance to the property or within the normal circulation pattern of the site.
[5]
No entrance to or exit from a car wash facility shall face any residential property or residential zoning district.
[6]
The car wash building, and appurtenant entrance and exit drives, shall be buffered, in accordance with § 500-19G of this chapter, from any residential property or residential zoning district.
[7]
The applicant shall submit compliance with the requirements of § 500-21 of this chapter, particularly with regard to glare and noise.
[8]
Access to and from the car wash building shall be designed to minimize circulation conflict within and adjacent to the site. Where a car wash is proposed as an accessory use, access to and from the car wash building shall be coordinated with the site circulation system for the property as a whole. No site design will be authorized that causes site circulation conflicts.
[9]
The applicant shall submit architectural renderings of the car wash building. The building shall be designed to complement the architectural design of surrounding properties in Littlestown Borough. In addition, where the car wash is proposed as an accessory use, the building shall be designed to complement the architectural design of the principal building and use of the site, as well as the architectural detail of surrounding properties in Littlestown Borough. At a minimum, evaluation of this criteria shall involve a review of the proposed size, shape, color, and materials proposed for the car wash building.
(g)
Rental storage, exterior.
[Added 10-8-2019 by Ord. No. 693]
[1]
The minimum aisle width between buildings shall be 24 feet.
[2]
Aisles shall be designed to enable large vehicle movement through the site. The applicant shall submit a graphic depicting truck turning movements to demonstrate that large vehicles can move through the site without contacting buildings or being forced to make reverse movements.
[3]
Aisles shall be paved. Suitable paving material shall be asphalt or concrete.
[4]
Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.
[5]
No business or other activity other than leasing of storage units shall be conducted on the premises.
[6]
All storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, boxcars or similar impermanent or movable structures shall not be used for storage.
[7]
Outdoor vehicle storage is permitted and shall comply with the following requirements:
[a]
Outdoor vehicle storage shall be screened to prevent view from adjacent streets, residential uses, or land within the R-1, R-2, R-3, TCMU, and TCR Districts.
[b]
A maximum of 20% of the total site area may be used for outdoor vehicle storage.
[c]
Stored vehicles shall not interfere with traffic movement through the facility.
[d]
Spaces for outdoor vehicle storage shall be designed in a manner consistent with § 500-19I(4).
[8]
The facility shall be surrounded by a fence of at least six feet but not more than eight feet in height and shall further comply with applicable requirements of § 500-19N.
(4)
Conditional uses.
[Amended 8-27-1996 by Ord. No. 478]
(a)
Drive-through restaurants.
[1]
Space for a minimum of six occupied vehicles is required for those patrons waiting in the drive-through line of service. This distance shall be measured from the point at which food orders may be taken.
[2]
The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.
[3]
The drive-through facility, including intercom and menu, driveway, and service windows, shall be located along the side or rear faces of the restaurant. In no event will the drive-through facility be permitted along the front face of the restaurant, between the restaurant and the adjoining public road.
[4]
A site plan shall be provided to the Borough Council for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Borough Council's complete review of the project.
(b)
Drive-through banks.
[1]
Space for a minimum of six occupied vehicles is required for those patrons waiting in line for drive-through service. The distance shall be measured from the point at which drive-through patrons receive banking services through bank teller windows.
[2]
The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.
[3]
The drive-through facility, including teller windows and intercom, and the driveway, should be located along the side or rear faces of the bank or financial institution. Where possible, the drive-through facility should not be located along the front face of the bank or financial institution, between the principal structure and the adjoining public road.
[4]
A site plan shall be provided to the Borough Council for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Borough Council's complete review of the project.
C.
Area and bulk regulations. The following regulations shall be observed:
[Amended 7-28-1998 by Ord. No. 497]
(1)
Lot size: 10,000 square feet minimum.
(2)
Lot width: 100 feet.
(3)
Building setback line: 25 feet minimum.
(4)
Improvement setback line: 10 feet minimum.
(5)
Side yards: 20 feet minimum.
(6)
Rear yards: 25 feet minimum.
(7)
Height of building: 25 feet maximum.
(8)
Lot coverage: 80% maximum. Increased from 40%.
[Amended 3-8-2022 by Ord. No. 704]
[1]
Editor's Note: Original § 302, C-2 Shopping Center Commercial District, which immediately preceded this section, was repealed 6-27-1995 by Ord. No. 460.
§ 500-11 Town Center Mixed-Use (TCMU) District.
[Added 10-26-1993 by Ord. No. 438]
A.
Specific intent. In addition to the general goals in the preamble, it is the purpose of this district to establish reasonable standards applicable to a mix of residential, limited commercial, and office uses within the TCMU District. Furthermore, it is the intent of this section to:
(1)
Encourage the full economic use of structures along King Street and Queen Street, the intersection of which constitutes the historic, mixed-use core of Littlestown.
(2)
Encourage an appropriate mix of residential uses as well as commercial and office-oriented businesses similar to those that currently exist in the area and which will be conducive to maintaining the historic character of Littlestown's historic, mixed-use core.
(3)
Require any new infill development to be consistent with the general architectural style, setbacks, height, bulk and placement of structures located on adjoining properties and within the blockface in which the infill development is located.
(4)
Prohibit drive-through or drive-in types of businesses in the historic, mixed-use core area.
(5)
Prohibit off-street parking in the front of existing buildings or new infill buildings.
(6)
Recognize the predominant pattern of three-story buildings that exist in Littlestown's historic, mixed-use core and permit a mixture of uses within these structures.
(7)
Discourage development of commercial or industrial uses that would be more appropriately located in a Shopping Center (C-2) or Industrial (I) District because they require architectural styles dissimilar to those found in Littlestown's historic, mixed-use core, generate high volumes of traffic, attract customers seeking convenience goods, and usually require excessive paved areas and numerous vehicular access points.
(8)
Provide minimum standards for the conversion of single-family detached dwellings into conversion apartments.
(9)
Encourage the preservation of landscaped space in Littlestown's historic, mixed-use core.
(10)
Provide minimum standards for a mixture of uses in individual structures and for the future development of such use arrangements in appropriate structures within Littlestown's historic, mixed-use core area.
(11)
Provide for the health, safety, and welfare of occupants of structures in the TCMU District.
B.
Use regulations.
(1)
Uses by right. In any TCMU District, land, buildings, or premises may be used by right for the following uses:
(a)
Single-family detached dwellings.
(b)
Single-family semidetached dwellings (twins).
(c)
Two-family dwellings (duplexes).
(d)
Professional offices including offices for physicians, dentists, lawyers, accountants, real estate agents, insurance agents, newspapers reporters, freelance reporters and/or photographers, artists, planners, architects, engineers, travel agents and similar professional offices, provided that only three or fewer employees, including the professional, work at the office.
(e)
Specialty retail shops including antique shops, florists, bakeries, card shops, hobby and craft shops, gift shops, wearing apparel, furniture stores, appliance, hardware, bookstores (excluding adult bookstores), camera shops, jewelry stores, and similar specialty retail stores.
(f)
Personal service shops including tailors, dressmakers, dry cleaners, tanning salons, barbers, beauty salons, and similar personal service shops, provided that only three or fewer employees work at the shop.
(g)
Churches.
(h)
Banks, provided that drive-through services are not provided.
(i)
Parking lots or parking garage, provided the requirements of § 500-19I(7) are met.
[Added 6-23-1998 by Ord. No. 496]
(k)
Government offices.
[Added 10-28-2008 by Ord. No. 630]
(l)
Emergency services, including fire, ambulance, and police services.
[Added 10-28-2008 by Ord. No. 630]
(m)
Libraries.
[Added 5-25-2010 by Ord. No. 644]
(n)
Studios, galleries, museums, and similar cultural venues.
[Added 6-24-2014 by Ord. No. 668]
(3)
Conditional uses. The following uses shall be permitted as a conditional use when authorized by the Borough Council, subject to an advertised public hearing and review and comment by the Littlestown Borough Planning Commission.
(a)
Restaurants (excluding drive-through and drive-in establishments).
[1]
Hours of operation shall be limited to 5:00 a.m. to 12:00 a.m..
[2]
Kitchen exhaust shall be vented through a vertical exhaust system. For restaurants located in a two- or three-story building, all kitchen exhaust shall be vented to an exhaust outlet located no lower than the second floor of the building. For restaurants located in a single-story building, all kitchen exhaust shall be vented to an exhaust outlet located on the roof of the building.
(b)
Mixed-use property.
[Amended 10-8-2019 by Ord. No. 693]
[3]
Entrances to nonresidential uses within a mixed-use property building shall be located along a public street. Nonresidential use access may be taken from either a single entrance that serves two or more nonresidential uses or may be taken from individual entrances. Where the infill development building is located on a corner lot, the nonresidential entrance or entrances shall be located along the street to which the property is addressed.
[4]
Entrances to residential uses in a mixed-use property building may be located at any location, provided the following standards are met:
[a]
No residential entrance shall be located in a manner that requires the residential occupant to have to walk through another use to access the entrance to the dwelling unit. This provision does not preclude internal foyer access to multiple units.
[b]
Any residential entrance not located along the front of the mixed-use property building shall be connected to the public sidewalk at the front of the building by an access sidewalk.
(c)
Conversion apartments. The creation of conversion apartments is permitted as a conditional use, in accordance with the following standards:
[Added 6-27-1995 by Ord. No. 461]
[2]
Minimum apartment size shall conform to the following scale:
Number of Bedrooms | Usable Living Area (square feet) |
|---|---|
1 | 500 |
2 | 650 |
3 | 850 |
[3]
Only buildings existing as of the date of enactment of this section may be converted for conversion apartment use.
[4]
A maximum of three units may be created by the conversion of a single-family detached dwelling.
[5]
Access to each unit shall be inspected and approved by the appropriate fire protection official.
[6]
The property owner shall provide each unit with fire alarms and fire extinguished, kept in working condition by the property owner at all times. In addition, the property owner shall provide each hallway serving independent units with fire alarms and fire extinguisher, kept in working condition by the property owner at all times.
[7]
The property owner shall provide exit signs in all hallways leading to and from second and third floor apartments.
(d)
Bed-and-breakfast establishments and hotels. Bed-and-breakfast establishments and hotels shall not include those temporary lodging facilities commonly known as motels. In interpreting this section, "motels" are defined as one- or two-story structures, used as temporary lodging businesses, with parking located in the front yard area between the structure and the adjoining public streets.
[2]
A maximum of eight guest rooms or suites are permitted in bed-and-breakfast establishments. A maximum of 12 rooms in hotels may be used as guest quarters.
[3]
Meals served at bed-and-breakfast establishments shall be limited to breakfasts. There shall be no meal restrictions at hotels, but appropriate licenses from the state and/or the Borough of Littlestown shall be obtained.
[4]
Cooking facilities are prohibited in all guest rooms.
[5]
Common rest rooms are permitted in bed-and-breakfast establishments. If used, common rest rooms in bed-and-breakfasts shall be provided at the rate of two bathrooms for every three guest rooms. In hotels, private bathrooms shall be provided in each guest room.
[6]
Any required exterior improvements to the building, such as those required to meet applicable firesafety requirements, shall be located, to the maximum extent possible, to the rear of the building and shall not detract from the historic character of the building.
[7]
For bed-and-breakfast establishments, either the bed-and-breakfast owner or a designated operator shall maintain a permanent residence within the bed-and-breakfast establishment.
(e)
Professional offices, including the types outlined in Subsection B(1)(d), but employing four or more persons, including the professional.
(f)
Personal service shops, including the types outlined in Subsection B(1)(f), but employing four or more persons.
(g)
Commercial indoor recreation, in accordance with the following standards.
[Added 5-27-2003 by Ord. No. 561]
[1]
Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m., with the exception of Sundays, when the hours of operation shall be limited to 12:00 p.m. to 11:00 p.m. Persons under the age of 18 shall not be admitted during those hours when schools are in session.
[2]
Access to and egress from the use shall be reviewed by appropriate fire protection officials. The applicant shall present written evidence at the conditional use hearing that an appropriate fire protection official has reviewed the entrances to and exists from the structure in accordance with accepted firesafety principles, and has determined that firesafety has been adequately addressed.
[3]
No sound associated with the commercial indoor recreation use shall be discernible beyond the space where the use is conducted.
[4]
No loitering shall be permitted at the entrance to the commercial indoor recreation establishment. The applicant shall present evidence at the conditional use hearing detailing how loitering will be controlled.
[5]
The commercial indoor recreation use shall be operated in accordance with rules and regulations prepared by the applicant, and approved by the Borough Council in the context of the conditional use hearing. Such rules and regulations may include, but are not necessarily limited to, hours of operation, prohibition of loitering, prohibition of fighting, control or trash, and other operational guidelines that may be appropriate for a specific commercial indoor recreation use.
[6]
Off-street parking shall be provided in accordance with § 500-19I(2).
(h)
Automobile repair shops, in accordance with the following standards:
[Added 3-22-2016 by Ord. No. 677]
[1]
All repairs, maintenance, and service activities shall be conducted within a completely enclosed and roofed building.
[2]
Storage of automobiles awaiting service shall be either within a completely enclosed and roofed building or within a designated outdoor storage area that meets the following requirements:
[a]
No vehicle that is not operable and does not have current registration shall be stored in an outdoor storage area for more than 10 days.
[b]
Any outdoor storage area shall be shielded from public view by a decorative solid fence. A planting or buffer strip meeting the requirements of Section 500.19.G shall surround the decorative solid fence.
[c]
Any outdoor storage area shall be separated from the area devoted to off-street parking for the site.
[3]
All parts, dismantled vehicles, and similar articles shall be stored within a completely enclosed and roofed building. No outdoor storage of parts, dismantled vehicles, and similar articles shall be permitted.
[4]
Service bay doors shall not face side yards. Where an automobile repair shop is proposed in an existing building, the service bay doors shall face either the front or rear yard. Where an automobile repair shop is proposed for a new building constructed on vacant property, the service bay doors shall face the rear yard.
[5]
The applicant shall provide a sketch diagram to the Borough Council and Planning Commission demonstrating that the applicable standards of 500.19.G and 500-19.1 are met.
(i)
Customary home occupations, subject to the requirements of § 500-19F of this chapter.
[Added 3-27-2018 by Ord. No. 685]
(j)
Rental storage, interior, in accordance with the following standards:
[Added 10-8-2019 by Ord. No. 693]
[1]
Within the Town Center Mixed-Use (TCMU) District, the interior rental storage use shall only be permitted within a principal building that existed as of the effective date of this section. Under no circumstances will an interior rental storage use be permitted in a principal building in the TCMU District constructed after the effective date of this section. Interior rental storage use shall not be permitted within any accessory building in the TCMU District.
[2]
Where interior rental storage use is authorized in a zoning district other than the TCMU District, such use may be located either in an existing principal building or new buildings constructed for the proposed use.
[3]
No business or other activity other than leasing of storage units shall be conducted on the premises unless the premises is permitted to include two or more principal uses in accordance with applicable requirements of the underlying zoning district.
[4]
No outdoor storage, including but not limited to outdoor vehicle storage, shall be permitted.
[5]
Indoor vehicle storage may be permitted. However, no vehicle servicing, repair, dismantling, customization, or any similar activity shall be conducted at the facility.
[6]
Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous material shall be prohibited.
[7]
Any lighting shall comply with applicable property illumination standards of this chapter.
[8]
Loading/unloading space shall be provided that meets the minimum standards of § 500-19J. In addition, the following standards apply:
[a]
Where an interior rental storage use is proposed within an existing building, use of existing loading/unloading space(s), where such exist, shall be required. Where new loading/unloading spaces must be provided to comply with § 500-19J, the space(s) shall comply with the general development standards of the underlying zoning district.
[b]
Loading and unloading of large vehicles, including, but not necessarily limited to, box trucks, moving trucks, and similar trucks, shall occur only at a designated loading/unloading space.
[c]
Loading and unloading of small vehicles, including, but not necessary limited to, personal automobiles and utility trailers, may occur from designated spaces at other entrance/exit locations other than the entrance/exit at the designated loading/unloading space. A minimum of two designated spaces shall be provided at the entrance/exit location where small vehicle loading/unloading occurs.
[9]
A landscaped buffer of no less than 10 feet in width shall be provided around the perimeter of the property. In the BC District, where an existing principal building is already located within 10 feet of a property line, the required buffer need not be applied along such property line but shall be applied along all other property lines. At least one major deciduous tree shall be planted for every twenty-foot segment of the buffer.
[10]
Issuance of a zoning permit to allow an interior rental storage use shall include a condition that the applicant secure necessary approvals and inspections to confirm that the building where the use is located complies with applicable building code requirements.
C.
Supplementary regulations.
(1)
The following criteria shall be applied to any use proposed on properties within the TCMU District which contain a structure(s) existing at the time this section became effective.
(a)
If an existing structure is demolished, no conditional use will be permitted in the replacement building.
(b)
The proposed use shall preserve the architectural character of the front and side facades visible from King Street and/or Queen Street. Any expansions or additions built from the rear or side of the structure shall conform in scale and building material to the existing building. Expansions or additions from the front of the structure are not permitted.
(2)
The following criteria shall be applied to any use proposed on properties within the TCMU District which do not have a structure(s) existing on the lot at the time this section became effective.
(a)
New buildings may be constructed on a vacant lot, provided that the lot and building conform in all respects to the requirements of this zoning district.
(b)
Any new building shall be of such size, scale, general appearance, and building material so as to conform to the general nature of surrounding buildings and not detract from the intent of this section to preserve the appearance of the historic, mixed-use core of Littlestown. Applicants shall provide a rendering, as part of any zoning application, showing the front and side facades facing the street. The rendering shall show all architectural elements and indicate the material to be used in construction.
D.
Area and bulk regulations. The following regulations shall be observed:
(1)
The minimum lot size shall be 3,500 square feet for each dwelling unit and each nonresidential use.
[Amended 5-22-2007 by Ord. No. 610]
(2)
The minimum lot width shall be 30 feet for single-family detached lots, 25 feet per dwelling unit for single-family semidetached lots or units, and 50 feet for all other uses. Minimum lot width shall be measured at the minimum required front building setback line.
[Amended 5-22-2007 by Ord. No. 610]
(4)
Front yards shall meet the following standards:
(a)
The minimum front yard shall be 10 feet, measured from the street right-of-way line, unless adjoining properties contain structures with less front yard depth. In that event, the front yard setback shall conform to the existing front yard depth of the adjoining properties.
(b)
The entire front yard shall be maintained as a landscaped area, except for walkways connecting the entrances with the public sidewalk and for one access driveway.
(c)
Existing trees in the front yard area shall not be cut down unless they interfere with an existing or proposed driveway or become diseased.
(d)
No parking shall be permitted in front yard areas.
(5)
Side yards shall meet the following standards. The minimum side yard width shall be six feet. When the lot is located in an area of the TCMU District where existing structures have been constructed to the property line, minimum side yard requirements may be waived.
(6)
The maximum height of any structure within the TCMU District shall not exceed 35 feet, unless authorized as a special exception by the Zoning Hearing Board. Under no circumstances shall a building exceed 45 feet in height. An appropriate local fire protection official shall be given the opportunity to review and comment on any special exception request concerning height requirements.
(7)
The maximum width or primary frontage of any structure within the TCMU District shall not exceed 80 feet measured horizontally along the front of the building.
§ 500-12 C-4 Professional Commercial District.
[Added 12-27-1994 by Ord. No. 451]
A.
Specific intent. It is the purpose of this district to provide an area to accommodate commercial and professional office space in a setting designed for such use. Open air uses are permitted in this area.
B.
Use regulations.
(1)
Uses by right. In the C-4 District; land, buildings, or premises shall be used by right for only one or more of the following:
(a)
Administrative activities.
(b)
Offices for the conduct of medical and other professions including real estate, insurance, law, accounting, etc.
(c)
Medical clinic, medical laboratory.
(d)
Commercial business offices.
(e)
Financial institutions.
(f)
Government offices.
(g)
Libraries, museums.
(h)
Community facilities.
(2)
Accessory uses. Only the following accessory uses shall be permitted:
(a)
Accessory buildings and uses customarily incidental to the above uses.
§ 500-13 C/E Commercial/Employment District.
[Added 6-27-1995 by Ord. No. 460]
A.
Specific intent. In addition to the general goals listed in the Preamble, it is the purpose of this district to provide for design and marketing flexibility by encouraging the development of a mixture of commercial and limited manufacturing uses which are compatible with the continuing residential development on the western side of the Borough. Furthermore, it is the intent of this section to:
(1)
Provide for the anticipated future needs of commercial and limited manufacturing activities in appropriate areas within the Borough.
(2)
Ensure that land for commercial and limited manufacturing development will be available, while at the same time protect existing development and nearby developing residences by requiring appropriate buffers, setbacks, and design standards.
[Amended 4-23-2019 by Ord. No. 692]
(3)
Safeguard the Borough, its residents, and its developing commercial and limited manufacturing opportunities by requiring appropriate impervious and building coverage requirements, and by providing appropriately designed parking areas.
(4)
Promote the development of well planned and designed commercial and limited manufacturing businesses which promote the employment base of the Borough, strengthen the Borough's economic base and tax revenues, and to protect the character of both the Borough's commercial and manufacturing areas as well as the neighboring residential developments.
(5)
Encourage development which is free from offensive noise, vibration, smoke., odors, glare, fire hazards, and other objectionable effects, particularly where a proposed development adjoins either an existing or developing residential area.
(6)
Provide for uses and activities which provide services for the employees of the commercial and limited manufacturing uses within the district.
(7)
Allow for limited forms of residential development that can be reasonably integrated within commercial settings and which may benefit from proximity to existing commercial and health care settings within the Borough.
[Added 4-23-2019 by Ord. No. 692]
B.
Use regulations.
(1)
Uses by right. In the C/E District, lands, buildings, or premises may be used by right for the following uses:
(a)
Manufacturing uses. Within the C/E District, manufacturing uses are permitted, provided the uses do not involve the processing of raw materials. The assembly of preprocessed materials is permitted, and may include the following operations:
[1]
Fabrication of metal products, including any of the following: baby carriages, bicycles, furniture, instruments, toys, or similar products.
[2]
Fabrication of paper products, including any of the following: bags, books, packaging materials, office supplies, or similar uses.
[3]
Fabrication of wood products, including any of the following: furniture, toys, boxes, or similar uses.
[4]
Assembly of light machinery or components, including any of the following: computers, typewriters, calculators, cash registers, sewing machines, or similar light machinery or components.
[5]
Food processing, except for animal slaughtering, rendering, and meat-packing facilities.
[6]
Other uses involving the assembly of preprocess materials, including any of the following: plastic products, electronic products, jewelry, pharmaceutical, similar products.
[7]
Vehicle sales.
[Added 5-24-2011 by Ord. No. 650]
(b)
Business uses. Within the C/E District, the following uses are permitted:
[1]
Offices for business, clerical, or administrative purposes.
[2]
Research, development, or testing of products or processes.
[3]
Professional office development, including medical, real estate, insurance, banking (excluding drive-through services), artist, photographer, messenger or telegraph service, and similar professions.
(c)
Commercial uses. Within the C/E District, the following commercial uses are permitted:
[1]
Food stores, including supermarkets, bakeries, and confectionery shops, provided that any food products produced on site is sold only at retail on the premises.
[2]
Apparel and accessory stores.
[3]
Furniture, home furnishing and equipment stores including household appliance stores, hardware, paint and glass stores; radio and television stores including repair services.
[4]
Personal service shops, including dry cleaning, barbers, beauticians, shoe repair, laundromat, tailor, and similar uses.
[5]
Eating establishments, including restaurants, lunch counters, delicatessens, tearooms, cafes, taverns, and confectionery or similar establishments serving food or beverages, but excluding drive-through restaurants.
[6]
Retail shops, including camera, book (excluding adult bookstore or other adult entertainment uses), stationery, antique, musical supplies, cosmetics, candy, tobacco products, flowers, hobby, jewelry, leather and luggage shops, and similar products.
(d)
Other activities. Within the C/E District, the following additional uses are permitted:
(e)
Parking lots, provided the requirements of § 500-19I(7) are met.
[Added 6-23-1998 by Ord. No. 496]
(2)
Conditional uses.
(a)
Drive-through restaurants.
[1]
Space for a minimum of six occupied vehicles is required for those patrons waiting in the drive-through line of service. This distance shall be measured from the point at which food orders may be taken.
[2]
The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.
[3]
The drive-through facility, including intercom and menu, driveway, and service windows, shall be located along the side or rear faces of the restaurant. In no event will the drive-through facility be permitted along the front face of the restaurant between the restaurant and the adjoining public road.
[4]
A site plan shall be provided to the Borough Council for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Borough Council's complete review of the project.
(b)
Drive-through banks.
[1]
Space for a minimum of six occupied vehicles is required for those patrons waiting in line for drive-through service. The distance shall be measured from the point at which drive-through patrons receive banking services through bank teller windows.
[2]
The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.
[3]
The drive-through facility, including teller windows and intercom, and the driveway, should be located along the side of rear faces of the bank or financial institution. Where possible, the drive-through facility should not be located along the front face of the bank or financial institution, between the principal structure and the adjoining public road.
[4]
A site plan shall be provided to the Borough Council for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Borough Council's complete review of the project.
(c)
Shopping centers.
[1]
The center shall contain a group of two or more stores and/or personal service establishments planned and designed to function as a unit, regardless of ownership, and having off-street parking and a landscaping plan as an integral part of the unit.
[2]
Lot width and side yard requirements may be waived in the case of multiunit commercial buildings designed to be part of a shopping center with cross-easements for parking, utilities and landscaping construction and maintenance as specified in a property owners' association agreement approved by Borough Council.
[3]
Parking lots shall be designed with an easily discernible circulation pattern, and shall meet the following requirements:
[a]
Rows of parking shall be arranged perpendicularly from the front face of the center.
[b]
The minimum distance between the sidewalk adjacent to the main entrances of establishments and the parking area shall be 30 feet. The developer shall prove, to the satisfaction of the Borough Council, that sufficient spaces will exist between the sidewalk and the parking area to allow two-way traffic, and a pickup/fire lane. Parking shall not be permitted in the required pickup/fire lane.
[4]
The center shall be designed as a single architectural entity. Similar building dimensions, materials, and rooflines shall be designed for all proposed uses within the center.
[5]
Each individual business within the center shall be permitted a wall sign in accordance with the standards established by § 500-18 of this chapter. The wall signs within the center shall be designed using common materials, size, and lettering styles.[1]
[1]
Editor's Note: Original Subsection 305.1.B.3.f, regarding the permitting of one sign located near the entrance to the center, which immediately followed this subsection, was repealed 6-23-2009 by Ord. No. 637.
[6]
A site plan shall be provided to the Borough Council for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Borough Council's complete review of the project.
[7]
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping, shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts.
(d)
Continuing care retirement community, in accordance with the requirements of § 500-27.
[Added 5-24-2011 by Ord. No. 650]
(3)
Accessory uses. Within the C/E District, the following accessory uses are permitted:
(a)
Private garage space necessary to store any vehicles on the premises.
(b)
Off-street parking space for employees and/or visitors. Off-street parking space shall be provided and designed in accordance with the standards established by § 500-19I of this chapter.
[Amended 6-23-2009 by Ord. No. 637]
(d)
Where a manufacturing operation is permitted by Subsection B(1), an on-premises retail outlet store may be permitted in accordance with the following requirements:
[Amended 6-23-2009 by Ord. No. 637]
[1]
Off-street parking shall be provided in accordance with the schedule required in § 500-19I(2)(l) of this chapter.
[2]
Off-street parking shall be designed in accordance with the standards established by § 500-19I(4) of this chapter.
(e)
Other customary accessory uses and buildings incidental to the above uses by right.
C.
Area and bulk regulations.
(1)
For uses permitted by Subsection B(1)(a), the following regulations shall be observed:
[Amended 7-28-1998 by Ord. No. 497]
(a)
Lot size shall be determined on the basis of yard requirements, lot coverage and impervious lot coverage requirements, and parking, loading, and buffer requirements of this section.
(b)
Lot width at building setback line: 150 feet minimum.
(c)
Building setback line: 50 feet minimum.
(d)
Side yards: 20 feet minimum each side.
(e)
Rear yard: 50 feet minimum.
(f)
Building height: 45 feet maximum.
(2)
For uses permitted by Subsection B(1)(b) and (c), and Subsection B(2), the following regulations shall be observed:
[Amended 7-28-1998 by Ord. No. 497]
(a)
Lot size: shall be determined on the basis of yard requirements, lot coverage and impervious lot coverage requirements, and parking, loading, and buffer requirements of this section.
(b)
Lot width at building setback line: 125 feet minimum.
(c)
Building setback line: 25 feet minimum.
(d)
Side yards: 15 feet minimum each side.
(e)
Rear yard: 50 feet minimum.
(f)
Building height: 45 feet maximum.
D.
Off-street parking regulations. Within the C/E District, off-street parking facilities shall be provided in accordance with the standards established by § 500-19I.
E.
Off-street loading regulations. Within the C/E District, off-street loading facilities shall be provided in accordance with the standards established by § 500-19J.
G.
Design standards.
[Amended 6-23-2009 by Ord. No. 637]
(2)
Standards for landscaping within off-street parking areas. For parking lots of more than 25 spaces, landscaping within off-street parking lots shall be designed in accordance with § 500-19I(4)(b)(6) of this chapter.
(3)
Standards for landscaping the perimeter of off-street parking area. For parking lots of more than 25 spaces, landscaping around the perimeter of off-street parking lots shall be designed in accordance with § 500-19I(4)(b)(7) of this chapter.