Ridley Township City Zoning Code
ARTICLE VIIIA
SC Shopping Center District
§ 325-38 Intended purpose.
The purpose of this district is to provide opportunities for large neighborhood and/or community shopping centers in areas directly accessible by a major roadway. The district is intended to meet the shopping and service needs of the residents of the Township, adjacent and nearby communities, and transients. It is intended that establishments be constructed in an attached fashion to comprise the shopping center, although individual detached buildings are permitted.
§ 325-39 Use regulations.
[Amended 5-25-2022 by Ord. No. 2060]
Land, buildings or premises shall be used only for one or more of the following uses within a major shopping center:
A.
Permitted Uses
(1)
Retail store, including the sale of general merchandise, clothing, jewelry, footwear, gifts and/or flowers, books, stationery, electronics, hardware, sporting goods and pharmaceuticals. All retail sales shall be conducted only in a fully enclosed building. No sales or exposure of goods for sale are permitted outside of the building.
(2)
Food store, including grocery, delicatessen, convenience store or supermarket, liquor store, bakery sales, or ice-cream shop.
(3)
Sit-down or counter service restaurant, pizza or sandwich shop, tavern or catering business. Walkup window establishments are strictly prohibited.
(4)
Personal service shop, including barber or beautician, shoe repair, laundromat where actual cleaning and pressing are done off premises, tailor or similar personal service.
(5)
Office, office building or studio, bank, or other financial institution.
(6)
Medical or dental office, veterinarian office.
(7)
General service or repair shop including furniture and appliance repair.
(8)
Enclosed theaters, assembly halls, concert halls and similar places of assembly or entertainment.
B.
Conditional uses. Subject to the general standards set forth in § 325-113 governing conditional uses, the following uses shall be permitted as conditional uses when authorized by the Board of Commissioners after review by the Township Planning Commission as to conformance with the Comprehensive Plan and this chapter:
(1)
Medical marijuana dispensary shall be permitted as a conditional use pursuant to the Board of Commissioner's approval subject to the general standards set forth in § 325-113, governing conditional uses and the specific standards set forth below:
(a)
A medical marijuana dispensary facility shall have a single secure public entrance and shall implement appropriate security measures in accordance with policies of the Department of Health of the Commonwealth of Pennsylvania to deter and prevent unauthorized entrance to areas containing medical marijuana.
(b)
A dispensary facility shall not be located within 1,000 feet of the boundary/property line of any parcel containing an institutional zoning use, including, but not limited to, public, private and parochial schools and day-care centers. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located, to the closest property line of the protected district use, regardless of the municipality in which it is located.
(c)
A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility, measured along a straight line between the closest walls of each of the two facilities.
(d)
Permitted hours of operation of dispensary facilities shall be 8:00 a.m. to 8:00 p.m. daily.
(e)
A medical marijuana dispensary shall be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
(f)
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed permanent and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(g)
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(h)
A medical marijuana dispensary shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
(j)
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(k)
All external lighting serving a medical marijuana dispensary shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(l)
Parking requirements shall follow the parking schedule found in § 325-80 of the Zoning Ordinance as listed for medical and dental offices including outpatient clinics.
(m)
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.
(n)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
(2)
Smoke shops, tobacco stores and mixed-use establishments shall be permitted as a conditional use pursuant to the Board of Commissioners approval subject to the general standards set forth in the SC Shopping Center District § 325-113 governing conditional uses and specific standards set forth below:
(a)
No smoking shall be permitted on the premises at any time.
(b)
No sales may be solicited or conducted on the premises by minors.
(c)
No self-service tobacco, tobacco products, vape products or tobacco paraphernalia displays shall be permitted.
(d)
No distribution of free or low-cost tobacco, tobacco products, vape products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
(e)
Smoke shops, tobacco stores and mixed-use establishments shall not be located within 2,000 feet, measured property line to property line, from a school (private, parochial or public), family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which this significant tobacco retailor is located to the closest property line of the protected district or use, regardless of the municipality or zoning district in which it is located.
(f)
Smoke shops, tobacco stores and mixed-use establishments shall not be located within 2,000 feet, measured from property line to property line, from another smoke shop and/or tobacco store and/or mixed-use establishment.
(g)
It is unlawful for a smoke shop and/or tobacco store to knowingly allow or permit a minor not accompanied by his or her parent or legal guardian to enter or remain within any smoke shop or tobacco store.
(h)
Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to all such store. It shall be unlawful for the above-listed stores to fail to display and maintain, or fail to cause to be displayed or maintained, such signage and is subject to violations and penalties as listed in Chapter 325, Article XVI.
(i)
All smoke shops and tobacco stores shall provide and maintain a minimum of one garbage can per entryway, locations as approved by the Zoning Officer.
(j)
Owners shall be responsible for removal of all trash, litter, garbage, etc., as a result of the purchase or use of tobacco related products, from their property and the adjacent rights-of-way within the Township.
(k)
Significant tobacco retailers shall cease operations between the hours of 10:00 p.m. and 10:00 a.m.
(l)
No alcoholic beverages shall be served or consumed within the premises of a significant tobacco retailer.
§ 325-40 Uses permitted by special exception.
The following are permitted as special exception uses, upon the issuance of a permit by the Zoning Hearing Board as provided in this chapter, and pursuant to the considerations set forth in § 325-116H et seq.
A.
Building heights in excess of three stories or 45 feet.
B.
Place of amusement or recreation, including arcades, health clubs and spas.
C.
Automobile service stations for the retail sale of tires, batteries and automotive accessories.
D.
Drive-through service places, including fast food restaurants, subject to regulation in Article XIII.
E.
Uses which are similar to those permitted by right, provided that all such establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
§ 325-41 Lot area, building height and yard requirements.
In this district, any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide the minimum and not exceed the maximum dimensions specified below.
A.
Lot requirements. Lot widths, area and coverage requirements of not less than the dimensions shown as follows shall be provided for any use permitted in this district.
B.
Yard requirements. No building or permanent structure other than a permitted sign or traffic control device shall be erected within the following minimum yard areas. Parking and cartways are permitted within the required yards.
C.
Limitations on signs. Only those signs referring or relating to the uses conducted on the premises or to the materials or products made, sold or displayed on the premises shall be permitted and further provided that all signs and advertising structures shall be maintained in accordance with Article XII of this chapter.
§ 325-42 Minimum off-street parking and loading requirements.
§ 325-43 Special development regulations.
A.
Buffer area. Where properties in this district abut a residential district or use, a buffer area, consisting only of ground cover or other plantings, shall be provided on the property zoned SC Shopping Center District where it abuts the other property. Such buffer area shall be not less than 25 feet in width and shall be planted and maintained with appropriate vegetative landscaping materials.
B.
Screening. Where properties in the district abut a residential district or use, there shall be a planted visual screen within the buffer area required above. This screen shall not be less than six feet high. A privacy-type fence or wall not less than six feet high may be substituted for the planted visual screen upon approval of the Township.
C.
Landscaping. Any part or portion of a site which is not used for buildings, other structures, parking or loading spaces and aisles, sidewalk and designated storage areas shall be planted with an all-season cover and shall be landscaped according to an overall plan. Maximum advantage shall be taken of existing natural plantings in landscaping.
D.
Storage. No permanent storage of merchandise, articles or equipment shall be permitted outside a building, and no goods, articles or equipment shall be stored, displayed or offered for sale outside of a building.
E.
Reconstruction of nonconforming structures. In the Shopping Center District only, if any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other disaster, for which the owner is not at fault, to an extent of 50% of the fair market value of the building, the owner may rebuild, restore or repair the building, and such nonconformities which existed prior to said disaster may continue to exist but may not be expanded.
[Added 8-27-1997 by Ord. No. 1769]
§ 325-44 Regulations for individual buildings.
A.
In addition to construction in an attached fashion, freestanding buildings are permitted.
B.
A landscaped area of not less than three feet in width shall be provided on all sides of the building.
C.
All other regulations in this chapter relating to parking and loading, signs, etc., shall also apply to individual buildings as described herein.