Lower Mount Bethel Township
City Zoning Code
City Zoning Code
PART 9
C - COMMERCIAL DISTRICT
§ 27-901 Purpose.
[Ord. No. 2022-02, 7/11/2022]
The purpose of the C - Commercial District is to provide for a diversity of commercial, office and service-oriented uses in a location convenient to Lower Mount Bethel residents and the travelling public.
§ 27-902 Use Regulations.
[Ord. No. 2022-02, 7/11/2022]
1.
Uses Permitted By Right. One or more buildings or other structures may be erected, altered, or used, and a lot may be used or occupied, for any one of the following principal uses by right, together with permitted accessory uses in accordance with the terms of the chapter:
A.
Retail use without drive-through facilities.
B.
Business or professional offices, medical and dental clinics.
C.
Bank or other financial institution without drive-through facilities.
D.
Barber shop, beauty shop, self-service laundry or dry-cleaning establishment or pickup agency, tailor or dressmaking shop, or other personal service store or shop.
E.
General servicing or repair shop such as watch, clock, radio, television or other home appliance repair.
F.
Restaurant, cafe, tavern or other place serving food and beverage, excluding fast-food restaurant and drive-through service.
G.
Indoor or outdoor farmers market or flea market subject to the standards of § 27-1519.
H.
Funeral home or funeral parlor.
I.
Municipal uses, including municipal offices, recreational areas, facilities and utilities.
J.
Forestry, where conducted in compliance with all applicable provisions of Part 13 of this chapter.
K.
Temporary event subject to the standards of § 27-1529.
L.
Temporary structure subject to the standards of § 27-1530.
M.
Temporary use subject to the standards of § 27-1530.
2.
Uses Permitted by Approval of Special Exception. One or more buildings or other structures may be erected, altered, or used, and a lot may be used or occupied, for any of the following principal uses or combination thereof, together with permitted accessory uses, where approved by the Zoning Hearing Board as a special exception pursuant to Part 18. Uses hereunder, where approved as part of a combination of uses subject to conditional use approval pursuant to Subsection C below shall not also be required to apply for special exception approval:
A.
Non-municipal community center building, public library, or other similar non-municipal public use.
B.
Museum.
C.
Bus passenger station.
D.
Public swimming pool.
E.
Public utility building, structure or facility, other than municipal use.
3.
Uses Permitted as Conditional Use. One or more buildings or other structures may be erected, altered, or used, and a lot may be used or occupied, for any of the following principal uses and more than one of any uses otherwise permitted by right or combination thereof, including any uses otherwise permitted subject to special exception, together with permitted accessory uses, where approved by the Board of Supervisors as a conditional use pursuant to § 27-1705:
A.
Any retail use, bank or financial institution with drive-through service facilities subject to the standards of § 27-1515.
B.
Convenience store.
C.
Commercial recreational facilities, such as bowling lanes, miniature golf courses, or other similar commercial recreation establishments.
D.
Automobile, boat and/or mobile/manufactured home sales with accessory service facilities, including outdoor storage of motor vehicles and machinery for sale except junked vehicles or junked machinery.
E.
Hotel or motel.
F.
Automobile service/gas station subject to the standards of § 27-1506.
G.
Automobile and machine repair shop or garage subject to the standards of § 27-1507.
H.
Car wash subject to the standards of § 27-1510.
I.
Public garage, parking garage.
J.
Hospital.
K.
Nursing, convalescent home, or assisted-living residence or other similar use subject to the standards of § 27-1523.
L.
Church or other place of religious worship subject to the standards of § 27-1512.
M.
Membership club, excluding club for gunning, trap shooting, trapping or other similar purpose subject to the standards of § 27-1522.
N.
One dwelling unit for each separate commercial use in a commercial building.
O.
Adult or child day-care center subject to the standards of § 27-1514.
P.
Live-work units.
Q.
Single-stage or screen theater.
R.
Fast-food restaurant or other place serving food or beverage with drive-through service facilities subject to the standards of § 27-1515.
4.
Accessory Uses. The following accessory uses shall be permitted, where in compliance with all applicable provisions of Part 15 and provided that they shall be incidental to any of the uses permitted by right, special exception or conditional use in this C - Commercial Zoning District:
A.
Private garage or private parking area.
B.
No-impact home-based business.
C.
Signs, pursuant to § 27-1413.
D.
Alternative or renewable energy systems accessory to a permitted use and not for commercial energy production subject to the provisions set forth in Part 12.
E.
Keeping of animals subject to the standards of § 27-1415.
F.
Other customary accessory structures and uses.
§ 27-903 Area and Bulk Regulations.
[Ord. No. 2022-02, 7/11/2022]
1.
Where sewage disposal is supplied by an individual on-site system, regardless of water supply:
A.
Minimum lot area for one single principal use and permitted accessory uses on a single lot: three acres.
B.
Minimum lot area for more than one principal use on a single lot or tract, with or without multiple individual lots, where permitted by special exception or conditional use approval: eight acres.
C.
Minimum lot width at street line: 50 feet.
D.
Minimum lot width at front yard setback, except for flag lots where permitted pursuant to the Subdivision and Land Development Ordinance,[1] in which case the front yard setback shall be measured from the end of the flag: 300 feet.
[1]
Editor's Note: See Ch. 22 of this Code.
E.
Minimum front yard setback from ultimate right-of-way for all structures, except in the case of permitted flag lots where the setback shall be measured from the end of the flag: 30 feet.
F.
Minimum side yard, principal structures (each side): 10 feet.
G.
Minimum side yard, accessory structures (each side): 10 feet except, where the height of the accessory structure is less than 10 feet, the minimum side yard may be reduced to a distance not less than equal to the height of the accessory structure. No side yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
H.
Minimum distance between individual structures on the same lot where permitted:
(1)
Between principal structures: 20 feet;
(2)
Between principal and accessory structures: 15 feet;
(3)
Between accessory structures: 10 feet.
I.
Minimum rear yard, principal structures: 30 feet.
J.
Minimum rear yard, accessory structures: not less than equal to the height of the accessory structure. No rear yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
K.
Maximum percentage of impervious surface: 50%.
L.
Maximum building height, principal structures: 35 feet, except as provided in § 27-1403.
M.
Maximum building height, accessory structures: 25 feet.
§ 27-904 Design Standards Specific to This District.
[Ord. No. 2022-02, 7/11/2022]
1.
The purpose of the following design standards is to promote site design, access design, and building design which emulates traditional rural development patterns, avoiding visual dominance of single large buildings, particularly large single-story buildings arranged linearly along parking lot(s):
A.
For all uses:
(1)
Any land development located where access can be provided directly across from the Hillendale Road/Martins Creek-Belvidere Highway intersection shall be required to provide principal access at that location and shall be further required to provide access easements for direct and principal access connection to any potential future development on the same or other parcels within this zoning district.
(2)
Any land development including more than one principal use, where permitted by special exception or conditional use approval, shall be required to provide principal access via direct connection to the Hillendale Road/Martins Creek-Belvidere Highway intersection, including where use of access easements across adjoining properties is necessary.
(3)
Any land development, with or without principal access via direct connection to the Hillendale Road/Martins Creek-Belvidere Highway intersection, may have only one, right-turn in and out only, intersection with Martins Creek-Belvidere Highway.
(4)
Left turn access to any land development, in or out, shall not be permitted except where direct connection across from the Hillendale Road/Martins Creek-Belvidere Highway intersection is provided.
(5)
Any land development shall result in a massing and grouping of structures, including facade treatment and use of materials, that reflects traditional rural building forms and complements the character of the surrounding area. Landscaping, pedestrian walks or paths, parking, signage and other improvements shall demonstrate a cohesive design pattern for the entire lot or tract under application.
(6)
Not more than 15% of the gross lot or tract area shall be occupied by structures less than 1 1/2 stories in height. For this purpose, 1/2 story shall mean a roof-story with sufficient height and space within the form of a pitched roof to permit the development of habitable or leasable space, whether or not any actually is proposed for development.
(7)
Individual Building Size Limitations: For purposes of this subsection, an individual building shall be considered as a space or contiguous spaces under one roof fully separated from any other building by setbacks as provided in § 27-903, Subsection 1.H. above.
(a)
Maximum individual building size, gross first floor area 11,000 square feet. Where approved by the Board of Supervisors as a conditional use, buildings larger than 11,000 square feet in gross floor area may be permitted, where applicant demonstrates to the satisfaction of the Board of Supervisors that the design of the building and its relationship(s) to surrounding buildings and landscaped areas mitigates any negative impacts of large building size on the character of this district. Mitigating factors may include arrangement of adjacent buildings, parking, and pedestrian areas and/or obvious offset in building height or facade design such that the visible or perceived size of individual buildings is generally in keeping with local historical precedent.
(b)
Where any individual building facade (or adjoining facades which abut flush to the same building line) is visible from any public right-of-way or public space (including internal public spaces within a development) and exceeds 80 feet in length, there shall be a clear dimensional differentiation of roofline (i.e., an obvious difference in height) and/or an offset in facade of at least 10 feet, effectively breaking the single facade into two or more facades each no more than 80 feet in length. Where approved by the Board of Supervisors as a conditional use, single facades greater than 80 feet in length may be permitted, where applicant demonstrates to the satisfaction of the Board of Supervisors that the design of the building and its relationship(s) to surrounding buildings and landscaped areas mitigate any negative impacts of long continuous building facade(s) on the character of this district and its surroundings. Mitigating factors may include design which emulates characteristic historical building forms which typically included relatively long individual facade lengths such as barns, stables, or churches. Building arrangements which rely on repeated use of the same long facade element shall not be approved.
(8)
Pedestrian access within any land development shall be designed to provide convenient, safe, and direct access between the various uses within the district and nearby concentrations of residential development.
(9)
Parking areas shall be designed and landscaped so as to appear broken in mass, in proportion to the scale of structural development.
(10)
No more than one freestanding sign shall be permitted along the frontage of Martins Creek-Belvidere Highway for each lot or tract subject to land development. Such sign(s) shall serve as a directory to uses on the lot or tract. Additional individual signs may be mounted to the building or structure housing each use. All signs shall be designed, constructed and mounted in accordance with § 27-1413.
(11)
Screen landscaping shall be required pursuant to § 27-1408, Subsection D., except that gaps in the screen shall be permitted to offer visual access to businesses in this District along the Delaware River Valley Scenic Byway (Martins Creek-Belvidere Highway frontage), so long as screen landscaping pursuant to § 27-1408, Subsection D., adequately buffers direct view from the Byway of parking lots and of buildings larger than 15,000 square feet in gross first floor area or single building facades greater than 80 feet in length, where permitted.
B.
For more than one principal use on a single lot or tract of eight acres or greater, with or without multiple individual lots, where permitted subject to conditional use approval, in addition to the design standards stipulated in Subsection 1.A. above:
(1)
A generally central green space of at least one-half acre in size shall be provided as a visual focal point for the development and as a place for public gathering. The central green space may include hardscape landscaping to facilitate its use as deemed appropriate by the Board of Supervisors. The size of the central green space may be reduced to less than 1/2 acre where the Board of Supervisors is satisfied at their discretion that the size and design of the central green space meets the purposes as a visual focal point for the development and as a place for public gathering.
(2)
Applicants are strongly encouraged to mix uses with complementary parking requirements (i.e., where differential timing of peak parking demand permits the same parking area to support more than one use).
(3)
Uses which may involve second and third story space are encouraged in order to replicate traditional rural structural development patterns. In such cases, and subject to conditional use approval, the Board of Supervisors may permit roof structures which exceed the thirty-five-foot height limit, where the Board of Supervisors agrees that such structures enhance the appearance of the overall design.
(4)
Principal residential dwellings (e.g., apartments) over top of nonresidential uses are NOT subject to any further limitation beyond area, bulk and height limitations and design standards otherwise applicable to the use(s) or buildings which they are on top of.
§ 27-905 Other Standards.
[Ord. No. 2022-02, 7/11/2022]
All uses shall comply with all other applicable standards in this chapter and all other applicable ordinances or regulations.
