Nether Providence Township
City Zoning Code
City Zoning Code
ARTICLE XIV
C Commercial Districts
§ 300-86 Applicable regulations.
In C Commercial Districts, the following regulations shall apply.
§ 300-87 Permitted uses; accessory uses.
[Amended 5-12-1977 by Ord. No. 479; 9-8-1977 by Ord. No. 481; 9-11-1980 by Ord. No. 504]
A.
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
Any use permitted in an R-3a Residence District.
(2)
Retail store.
(3)
Personal service shop, including tailor, barber-, shoe repair, dressmaking, beauty or similar shop.
(4)
Carpenter, cabinetmaking, furniture or upholstery shop, electrician shop, plumbing shop, paint store or paperhanger's shop.
(5)
Jewelry, watches, clocks or optical goods or manufacture of musical, professional or scientific instruments.
(6)
Newspaper or job printing; bookbinding.
(7)
Restaurant or tearoom.
(8)
Office or studio.
[Amended 1-16-1997 by Ord. No. 604]
(9)
Passenger station, railway or bus.
(10)
Bank or other financial institution.
(11)
Club, lodge or social or community center building.
(12)
Private educational institution.
(13)
Mortuary.
(14)
Confectionery or bakery, when authorized as a special exception.
(15)
Laundry or dry-cleaning establishment, when authorized as a special exception.
(16)
Hospital or sanitarium when authorized as a special exception.
(17)
Indoor recreational or amusement or sport facility, including theater, bowling alley and indoor facilities for swimming or tennis, when authorized as a special exception, and provided that said facility is supervised by an employee located on site at all times the facility is open for business.
(18)
Trailer camp/trailer park when authorized as a special exception.
[Amended 12-10-1992 by Ord. No. 581]
(19)
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
(20)
Child day-care center.
[Added 4-14-1994 by Ord. No. 585]
(21)
Group child day-care home.
[Added 4-14-1994 by Ord. No. 585]
(22)
Any use of the same general character as any of the uses hereinbefore specifically permitted, when authorized as a special exception, but not to include any use enumerated as permitted only in Industrial Districts.
[Amended 12-10-1992 by Ord. No. 581]
§ 300-88 Noxious or offensive uses.
No building may be erected, altered or used and no land may be used for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise. No internal-combustion engine or machine shall be used unless objectionable noise and vibration are eliminated.[1]
[1]
Editor's Note: Former Sections 803, 804, 805, 806, 807 and 808, which dealt with area and yard requirements, were deleted 12-10-1992 by Ord. No. 581.
§ 300-89 Use restricted.
No building may be erected, altered or used partly as a residence and partly for commercial purposes.
§ 300-90 Area, frontage and height regulations.
[Added 7-3-1976 by Ord. No. 474]
For every building or group of buildings hereafter erected or used for a use permitted in this district, the following regulations shall apply:
A.
Area and frontage requirements. Each permitted use in a Commercial District shall have a minimum lot area or tract size of not less than 15,000 square feet; and each such permitted use shall have a frontage of not less than 100 feet, provided that the Board of Commissioners reserves the right to reduce or alter the regulations and requirements of this Article in such cases where, by reason of the size of the area, peculiar or special topographical conditions and effects upon the surrounding area, such reductions or alterations may be determined by the Board of Commissioners, after review by the Planning Commission, to be in the best interests of the Township and would promote the general welfare.
B.
Building area. Not more than 15% of the area of each lot may be occupied by buildings, except the area of each lot occupied by buildings may be increased up to 25% when authorized as a conditional use, as provided in § 300-141A(3).
[Added 3-8-2001 by Ord. No. 649]
C.
Building placement requirements. No building shall be located less than 25 feet from the line of the nearest front street nor less than 25 feet from a side property line nor 35 feet from a rear property line.
D.
Height. The maximum height of any building shall be 40 feet, or not more than two stories or floors for human occupancy.
[Amended 8-10-2006 by Ord. No. 711]
§ 300-91 Special regulations.
[Added 7-13-1976 by Ord. No. 474]
In addition to the applicable provisions of the other regulations of this chapter, the following special regulations shall apply:
A.
General.
(1)
The application for a permit shall be accompanied by a plan which shall include, among other things, the information required below:
(a)
The location, use, design and dimensions of all buildings and other structures, open spaces, yards, accessways, entrances, exits, off-street parking facilities and buffer strips.
(b)
The character of buffer areas and screening devices to be maintained, including the dimensions and arrangements of all areas devoted to planting, lawns, trees or similar purposes. The type, height, density and amount of the plantings shall be as determined by the Board of Commissioners to ensure adequate protection of adjoining area against noise, pollution and sight view.
(c)
The provisions made for disposal of sewage and other wastes and for storm drainage and a suitable contour map of the area. A storm drainage plan shall be approved by the Department of Environmental Resources, the Township Engineer and the Board of Commissioners.
(d)
Sufficient data and/or plans, in all instances, to enable the Building Inspector, Zoning Hearing Board or other review agencies to determine that the proposed use complies with the requirements of this Article and other pertinent requirements of the Zoning Ordinance.
(2)
Each permitted use shall provide and maintain attractively landscaped grounds or make any other suitable screening provision which is necessary to adequately safeguard the residential character of adjacent districts.
(3)
The proposed construction shall not detract from the character or desirability of the surrounding area, and adequate internal firesafety provisions shall be assured.
(4)
All mechanical equipment not enclosed in a structure shall be fully and completely screened from view in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the Township.
(5)
Water towers, storage tanks, processing equipment, stand fans, skylights, cooling towers, communication towers, vents and any other structures or equipment which rise above the roofline shall be architecturally compatible or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by Township Board of Commissioners before construction or erection of said structures or equipment.
B.
Highway access.
(1)
Access barrier. Access to a major highway or secondary street, whichever is applicable in any given case, shall be controlled in the interest of public safety. Each building or group of buildings erected in the Commercial District, and the parking or service areas, shall be physically separated from the highway or street by a curb, a sidewalk of no less than five feet and a planting strip of no less than 20 feet which acts as a barrier against unchanneled motor vehicles' ingress or egress, except for accessways as authorized by Subsection B(2) below.
[Amended 12-10-1992 as Ord. No. 581]
(2)
In the event that the tract fronts upon a major highway, as determined by the Board of Township Commissioners, there shall be only one entrance and one exit to said major highway.
(3)
Traffic control devices and secondary streets shall be provided at the expense of the owner.
C.
Off-street parking and loading.
(1)
Adequate off-street parking areas shall be provided. Not less than one automobile parking space with suitable access shall be provided for each 200 square feet of gross floor area. Each parking space shall be not less than 200 square feet in area (10 feet by 20 feet). There shall not be allowed more than five consecutive parking spaces. If more than five spaces exist consecutively, they must be separated by a planting area of not less than 5 feet by 20 feet.
(2)
In addition to parking areas, there shall be provided areas for loading and unloading of delivery trucks and other vehicles and for the servicing of permitted establishments by refuse collection, fuel and other service vehicles, which areas shall be located at the side or rear of the buildings, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of the accessways or automobile parking facilities.
(3)
All parking, loading, access and service areas shall be located entirely within the lot lines of the permitted use, shall be suitably improved and paved and shall be adequately illuminated at night. All such areas shall be paved with concrete, blacktop or other hard surface. Lighting, including sign lighting, shall be arranged so as to protect the street and adjoining property from direct glare or hazardous interference of any kind, and the location, type and intensity shall be approved by the Board of Commissioners.
D.
Special buffer requirements. Along each side or rear property line which directly abuts a residence district in the Township or a similar district in an adjoining municipality, a buffer planting strip of not less than 35 feet in width shall be provided on which shall be placed shrubbery, trees or other suitable planting sufficient to constitute an effective screen and give maximum protection to the abutting district. Along each street line, a buffer area of not less than 20 feet in width shall be provided which shall be suitably landscaped and may include necessary sidewalks and accessways.
E.
Performance standards. No building may be erected, altered or used and no lot or premises may be used in a Commercial District which is noxious or offensive or which constitutes a hazard in the immediately surrounding area. Each permitted use shall provide and utilize such smoke, noise or other control devices as are necessary to assure that the use will not:
(1)
Constitute any nuisance whatsoever beyond the boundary of the site by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise from other causes at the boundary site.
(3)
Produce objectionable heat, glare or radiation.
(4)
Result in electrical disturbance in nearby residences.
(5)
Increase congestion or hazardous traffic conditions on the highway or in the adjacent area.
(6)
Create any other objectionable condition in adjoining areas which will endanger health, safety or the proper use of property.
G.
Disposal requirements. All trash, garbage, rubbish and debris of every kind and nature shall be stored within the building in fireproofed rooms and shall be collected and disposed of, as often as may be necessary under the particular circumstances, by private collectors and at no cost to the Township. If dumpster-type containers are used, said containers must be screened, must be equipped with a proper-fitting lid and must be verminproof.
[Amended 12-10-1992 as Ord. No. 581]
§ 300-92 Completion agreement.
Upon final approval of the plans submitted and prior to the issuance of any construction permit, the Board of Township Commissioners may require the owner and/or applicant to enter into a written agreement with the Township to guarantee completion of the entire project within a stated period of time and compliance with the ordinances of the Township, laws of the commonwealth and conditions of the permit. Said guarantee may be in the form of a bond with or without corporate surety.
§ 300-93 Signs.
[Added 7-3-1976 by Ord. No. 474]
Signs shall be erected and maintained in accordance with the following:
A.
Permitted signs shall be ground- or wall-type.
B.
All signs shall relate to a use permitted in the district.
C.
Ordinary traffic and parking control signs shall be permitted as authorized by the Board of Commissioners.
D.
Not more than one freestanding ground sign may be permitted on each street frontage relating to and directing persons to the building. Any such sign shall not be in excess of 25 square feet in area nor more than a total height of 10 feet.
E.
Wall signs shall be a part of the architectural design of a building, provided that no sign shall project more than 12 inches from a wall surface of any building and provided that no sign shall be painted on any exterior wall surface. The total area on one side of any wall sign or signs shall not exceed 5% of the first floor wall surface.
[Amended 12-10-1992 by Ord. No. 581]