Londonderry Township Chester County
City Zoning Code
City Zoning Code
ARTICLE XII
GC-I General Commercial Industrial District
§ 170-60 Purpose.
The principal purpose of the GC-I General Commercial Industrial District is to provide opportunities for general commercial and industrial uses of a nonnuisance nature in an area offering adequate highway access and which is buffered from other uses not compatible with industrial or larger-scale, highway-oriented commercial activity.
§ 170-61 Uses permitted by right.
A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any one of the following principal uses, together with the permitted accessory uses, by right in accordance with the terms of this chapter:
A.
Retail use;
B.
Restaurant, excluding fast-food restaurant;
C.
Business or professional office;
D.
Bank or similar financial institution;
E.
Growers' market, farmers' market;
F.
Craftsman or artisan shop, including furniture restoration and refinishing, photography studio, artist's workshop or studio, quilting shop, and other similar uses as determined by the Zoning Officer;
G.
Personal service establishment, including: barber, beauty salon, shoe repair, tailor, dressmaker, drop-off/pick-up facility associated with off-site laundry or dry-cleaning operation, self-service laundry, and other similar uses as determined by the Zoning Officer;
H.
Rental and repair of household appliances, equipment, and similar items;
I.
Medical, dental, or veterinary clinic;
J.
Licensed massage therapist or physical therapist;
L.
Home improvement or building supply showroom and/or sales;
M.
Hotel or inn;
N.
Motel;
O.
Mortuaries and undertaking establishments;
P.
Car wash;
Q.
Automobile, truck, trailer, and boat sales and/or service establishment;
S.
Library, post office, or community center for cultural or recreational activities;
U.
Accessory uses and structures incidental and secondary to the above permitted uses, subject to all applicable provisions of this chapter;
V.
Small-scale keeping of livestock, as a use accessory to a residential use, in accordance with the terms of § 170-128.
§ 170-62 Uses permitted as conditional uses.
The following uses shall be permitted when approved as a conditional use by the Board of Supervisors, in accordance with the standards of this article and § 170-157:
C.
Any use proposing a drive-through facility, including but not limited to financial institution, pharmacy, or dry-cleaning or laundry establishment, in accordance with the terms of § 170-54A;
D.
Any structure for the production, manufacturing, processing, cleaning, testing, repair, storage, and/or distribution of materials, goods, foodstuffs, and products on a retail or wholesale basis, in accordance with the terms of § 170-64C;
I.
Fast food restaurant, including drive-through service, in accordance with the terms of § 170-64G;
N.
Major home occupation, in accordance with the terms of § 170-119.
[Added 10-9-2007 by Ord. No. 6-2007]
§ 170-63 Area and bulk regulations.
The following regulations shall apply to all uses permitted by right or conditional use in the GC-I District except where an alternative standard is established for a specific use under the terms of this article and/or other applicable sections of this chapter:
A.
Lot and yard regulations.
(1)
Minimum gross lot area: two acres.
(2)
Minimum net lot area: 45,000 square feet.
(3)
Maximum impervious coverage: 50% of the net lot area, provided that neither the total building coverage nor the total paved surface shall separately exceed 30% of the net lot area.
(4)
Minimum landscaped open space: 25%.
(5)
Minimum lot width: 175 feet.
(6)
Minimum front and rear yards: 50 feet.
(7)
Minimum side yards: 25 feet.
C.
Uses provided in the GC-I District are under and subject to the supplemental regulations contained in this chapter and all other applicable ordinances, laws, and regulations.
§ 170-64 Standards and criteria for conditional uses.
A.
Convenience store.
(1)
The following standards shall apply to any convenience store, as defined and specifically permitted in § 170-51. The standards in this section shall supersede similar standards that may be contained in this article. Standards elsewhere in this article that are not addressed in this section shall be applicable to the convenience store use.
(2)
A gross lot area of not less than two acres shall be required for any convenience store.
(3)
There shall be no limit on the operating hours of a convenience store. During the hours of 10:00 p.m. to 6:00 a.m. and on Sundays and legal holidays, however, there shall be no deliveries to the site or trash removal from the site, no operation of a vehicle in excess of 8,600 pounds on the property nor the idling of any motor of such vehicle, and no operation of any powered equipment or mobile refrigeration unit.
(4)
Where a convenience store operation includes the retail sale of automotive fuel, the standards in Subsection B, below, shall be met.
(5)
Where a convenience store offers the retail sale of automotive fuel, the maximum number of fueling positions, each containing one dispensing hose, shall be limited to one per 500 square feet, or portion thereof, of convenience store floor area. In no case, however, shall the number of fueling positions exceed 12.
(6)
In addition to screening and landscaping as may be required by § 170-100, the Board may require supplemental fencing, consisting of materials and dimensions it deems appropriate, along any property line that abuts an agricultural or residential use or an agriculturally zoned or residentially zoned property.
(7)
To assure satisfactory management of the property and the mitigation of potential off-site impacts:
(a)
Food and beverage shall not be consumed within the parking area or any other exterior portion of the site.
(b)
Trash disposal shall be managed to prevent any problem of littering on or off the site. Dumpsters or similar large-scale outdoor trash receptacles shall be completely screened from view, and access gates shall be closed at all times when not in use.
(c)
Noise and lighting shall be controlled to avoid any impact on nearby residential properties.
(d)
Outside loud speakers shall be audible only to persons in the immediate vicinity of the fueling positions.
(8)
The applicant shall demonstrate that the proposed design of the building facade and related canopy or other structural elements on the property will minimize incompatibility with the rural and agricultural character of the Township.
B.
Gasoline service station.
(1)
Any building or other area of the property in which the use is conducted shall be at least 300 feet from the lot line of any parcel containing a school, day-care facility, playground, or library.
(2)
Gasoline fueling positions shall be at least 30 feet from the street right-of-way line.
(3)
Entrances and exits shall be a minimum of 30 feet in width.
(4)
All ventilation equipment associated with fuel storage tanks shall be at least 100 feet from any agriculturally zoned or residentially zoned property.
(5)
A maximum of 12 fueling positions shall be permitted as part of any retail fuel sales operation.
(6)
No delivery tanker shall park within the public right-of-way during gasoline delivery, nor shall any hose be permitted within the public right-of-way.
(7)
During any hours of operation when a fuel sales site is unattended, it shall have:
(8)
No temporary or seasonal sales shall be conducted outside a building.
C.
Production, manufacturing, processing, cleaning, testing, repair, storage, and/or distribution of materials, goods, foodstuffs, and products on a retail or wholesale basis.
(1)
Any property proposed to be used for this purpose shall have frontage on Route 41 and shall locate its principal point or points of vehicular access along such frontage. Trucks transporting bulk agricultural products to or from the property shall not use a road of lesser functional classification to enter or leave the property without specific approval of the Board of Supervisors as part of its grant of any conditional use approval.
(2)
The applicant for conditional use approval shall have the burden to prove, by a preponderance of the evidence, that any new use or extension of an existing use will not create any increase in dust, noxious odors, noise, vibration, light, electrical interference, or like encroachment upon or interference with the use and enjoyment of surrounding and abutting residential properties. The Board may impose specific conditions to ameliorate any such impacts, as it deems necessary.
(3)
All applicable state and federal regulations shall be met. Copies of any required licenses or permits shall be provided to the Township.
(4)
All buildings and stored material shall be set back not less than 100 feet from any stream, body of water, or wetland.
D.
Warehouse, wholesale sales, and/or storage. The standards contained in Subsection C, above, shall be applicable to this use and shall be used by the Board in reviewing an application for conditional use.
E.
Public place of amusement or recreation.
(1)
A minimum net lot area of five acres is required for development or operation of this use.
(2)
Minimum lot width shall be 300 feet.
(3)
The applicant for conditional use approval shall have the burden to prove, by a preponderance of the evidence, that the proposed use will not create any increase in dust, noxious odors, noise, vibration, light, electrical interference, or like encroachment upon or interference with the use and enjoyment of surrounding and abutting residential properties. The Board may impose specific conditions to ameliorate any such impacts, as it deems necessary.
(4)
All structures and activity areas shall be set back a minimum of 100 feet from all public roads and property boundaries.
(5)
Where the lot is adjacent to a residential use or residential or agricultural zoning district, the minimum setback for all parking areas shall be 75 feet.
(6)
The application for conditional use approval shall be accompanied by a working plan for the cleanup and disposal of litter. Dumpsters or similar large-scale outdoor trash receptacles shall be screened from view in accordance with the site element screening standards in § 170-100 of this chapter, and access gates shall be closed at all times when not in use.
(7)
Food service associated with the use shall be permitted, provided that it complies with all applicable requirements of this chapter and the Chester County Health Department.
F.
Arcade.
(1)
An arcade may be open for business only between the hours of 9:00 a.m. and 10:00 p.m., or any lesser amount of hours during that period.
(2)
There shall be a minimum distance of 100 linear feet between any two arcade uses, measured from the closest exterior walls of the two uses.
(3)
An arcade shall have an on-site manager whenever the use is open to the public. The manager shall be responsible to control rowdy, noisy, or otherwise disturbing behavior, and to prevent gambling or other illegal activity.
(4)
The application for conditional use approval shall be accompanied by a working plan for the cleanup and disposal of litter. Dumpsters or similar large-scale outdoor trash receptacles shall be completely screened from view in accordance with the site element screening standards in § 170-100 of this chapter, and access gates shall be closed at all times when not in use.
(5)
The applicant for conditional use approval shall have the burden to prove, by a preponderance of the evidence, that the proposed use will not create any increase in dust, noxious odors, noise, vibration, light, electrical interference, or like encroachment upon or interference with the use and enjoyment of surrounding and abutting residential properties. The Board may impose specific conditions to ameliorate any such impacts, as it deems necessary.
(6)
Food service associated with the use shall be permitted, provided that it complies with all applicable requirements of this chapter and the Chester County Health Department.
G.
Fast food restaurant, including drive-through service.
(1)
The applicant shall present a working plan for the cleanup and disposal of litter. Dumpsters or similar large-scale outdoor trash receptacles shall be completely screened from view in accordance with the site element screening standards in § 170-100 of this chapter, and access gates shall be closed at all times when not in use.
(2)
Exterior seating and/or play areas shall be completely enclosed by a three-foot-high fence.
(3)
No part of any structure on the subject property shall be located within 200 feet of any residential use or residential or agricultural district boundary.
(4)
Prior to the issuance of a use and occupancy permit, the applicant shall demonstrate compliance with any applicable county, state, and federal regulations.
(5)
For any restaurant with drive-through service, outside loud speakers shall be audible only to persons in the immediate vicinity of the order-placing or pick-up areas.
H.
Hospital or similar health care institution.
(1)
Minimum net tract area shall be five acres.
(2)
All facilities shall be served by a community sewage system.
(3)
Any property proposed to be used for this purpose shall have frontage on Route 41 and shall locate its principal point or points of vehicular access along such frontage.
(4)
The applicant shall present documentation of compliance with all applicable state and federal standards and license requirements.
(5)
Pedestrian and vehicular circulation must be designed for safety and efficiency to achieve separation of vehicular and pedestrian traffic.
(6)
Minimum distance between structures shall be equal to the height of the taller structure.
I.
Shopping center.
(1)
Minimum net tract area shall be three acres.
(2)
Minimum lot width and depth shall be 300 feet.
(3)
Minimum front, side, and rear yards shall be 50 feet.
(4)
Maximum building height shall be 40 feet.
(6)
The site shall comply with the requirements for screening and buffering in § 170-100 of this chapter.
(7)
A shopping center shall be designed to provide no more than two ingress or egress points on each abutting street. Each ingress and egress point shall be designed and constructed according to PennDOT standards.
(8)
General regulations.
(a)
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and be filed on behalf of all of the said owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed as a single center in accordance with the approved plan.
(b)
Development plan. The application for conditional use approval of a shopping center shall be accompanied by a plan or plans showing in detail the proposed primary use of the tract. Proposed satellite uses also shall be shown on the plan to the extent they are known by the applicant at the time of submission. A supplemental plan shall be submitted at such time as the identity of any proposed satellite uses becomes known. Permitted satellite uses shall be limited to those specified in this subsection. In addition, the plan shall show the location of all required buffer areas, vegetative cover areas, and any other nondevelopment uses of the tract. The plan shall cover the entire tract, regardless of any intended phasing of development.
(c)
Development stages and permits. The development of the tract, whether carried out in a single phase or in stages, shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into said agreement embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final land development plan.
(d)
Covenants and restrictions. The language, terms, and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.
(9)
The following principal uses may be included in a shopping center:
(a)
Retail and/or wholesale sales.
(b)
Personal service establishment.
(c)
Bank or similar financial institution.
(d)
Professional, business, or public office; studio.
(e)
Library, post office, or community center for cultural or recreational activities.
(f)
Day-care center for children or adults.
(g)
Passenger station for public transportation.
(10)
The following detached satellite stores, facilities, and uses, located in a building on the same site and integrated into the overall plan, may be permitted when in accordance with the standards of this chapter:
(a)
Drive-in banking facility.
(b)
Automotive repair shop, when owned and managed by a retail establishment within the center.
(c)
Automobile sales agency.
(d)
Auto service station.
(e)
Photographic film processing outlet.
(f)
Restaurant, including fast-food restaurant and drive-through service.
(g)
Farm and garden supply center.
(h)
Motion picture theater.
(i)
Supermarket or grocery store.
(11)
Minimum building setbacks.
(13)
Regulations for satellite uses and buildings.
(a)
Not more than 10% of the total allowable building coverage shall be devoted to satellite buildings.
(b)
Access to satellite uses shall be taken from the parking area and ring roads intended for primary use; access to parking for satellite uses shall not be taken directly from an abutting street without obtaining explicit permission from the Board of Supervisors.
(c)
Parking for satellite uses shall be included with the primary use parking areas for purposes of calculation to determine compliance with the parking requirements of this chapter. In addition, parking for satellite uses shall be designed to be clearly identifiable and visually separate from primary parking areas, shall have a clear relationship to overall traffic flow patterns of the tract, but shall be situated and designed so as to optimize the potential for dual use to serve the occasional and exceptional parking need of either the primary or satellite uses.
(d)
Should any satellite use be added to a shopping center at any time after initial development is completed, adjustments to the parking area shall be made to comply with the requirements of this chapter.
(e)
Satellite buildings shall be linked to the principal buildings within the shopping center with a separate, landscaped pedestrian walkway.
(14)
Architectural and design standards.
(15)
Additional parking area standards and requirements.
(a)
Traffic channelization shall be planned in such a way that a main driving aisle from which vehicles can flow into parking bays is remote from primary building entrances to avoid traffic conflict at such entrances.
(b)
To further assist in traffic channelization, raised islands shall be placed at the ends of parking bays such that the end of the bay adjacent to a driving aisle or ring road is clearly delineated. The island shall be planted with shade trees, shrubs, and ground cover so as not to impair visibility needed for traffic flow or turning movements.
(c)
Fire lanes, with a minimum width of 18 feet, shall be designated, maintained free of obstructions and vehicles, and identified in an approved manner.