Thornbury Township City Zoning Code
ARTICLE 10
COMMERCIAL DISTRICT
§ 27-1001 C Commercial District.
[Ord. 2-1976, 2/3/1976, § 900]
1.
Commercial Districts are intended to:
A.
Provide sufficient space in appropriate locations for the types of shopping, professional, and service establishments anticipated to be needed in the Township.
B.
Protect commercial development against intrusive uses which are incompatible and against objectionable influences such as noise or glare, and from hazards of fire.
C.
Provide appropriate space for the requirements of commerce including the provision of off-street parking spaces, safe circulation of pedestrian and motor traffic in the zone and in nearby areas.
D.
Promote the most desirable use of land and pattern of building development in accord with a well considered plan for the district as a whole and to protect the character of the area and nearby districts.
§ 27-1002 Use Regulations.
[Ord. 2-176, 2/3/1996, § 901; as amended by Ord. 1-1999, 2/24/1999, § 102; by Ord. 2-2004, 4/21/2004, §§ 1, 2; by Ord. No. 2-2018, 6/20/2018; and by Ord. No. 2-2022, 7/20/2022]
1.
A building, separate or unified, may be erected or used and a lot may be used or occupied for any one of the following uses and no other:
A.
Retail store with a gross floor area not in excess of 10,000 square feet.
B.
Restaurant.
C.
Personal service shop.
D.
Professional office, studio or medical clinic building.
E.
Bank or similar financial institution.
F.
Agricultural use, including tilling of the soil, nursery or greenhouses; provided, that the keeping of livestock for commercial purposes shall be prohibited.
G.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses which may include the following:
(1)
Storage within a completely enclosed building in conjunction with a permitted use.
(2)
Signs as permitted in Article 20 of this chapter.
(3)
Parking as required in Article 21 of this chapter.
(4)
Living accommodations or sleeping quarters for the proprietor or a watchman.
H.
Any use of the same general character as any of the uses specifically permitted when authorized as a special exception by the Zoning Hearing Board; provided, that such use does not adversely affect or interfere with the health, safety and general welfare of the community.
I.
I - Residential Cluster Design in accordance with § 27-1201 through § 27-1209.
J.
Medical marijuana dispensary, subject to § 27-1003, Subsection 8.
K.
Seasonal outdoor dining only in conjunction with the operation of a permitted indoor restaurant, when authorized as a conditional use by the Board of Supervisors, in accordance with this Article 10 and Chapters 22 and 27 of the Township Code.
L.
No use shall be permitted which is in violation of the prohibited uses and performance standards in Article 21 of this chapter.
§ 27-1003 Area, Height and Special Regulations.
[Ord. 2-1976, 2/3/1976, § 902; as amended by Ord. 9-1977, 8/8/1977, § 1; by Ord. No. 2-2018, 6/20/2018; by Ord. No. 2-2022, 7/20/2022; by Ord. No. 1-2024, 6/19/2024]
1.
Lot Area and Lot Width. Every lot shall have a lot area of not less than 12,000 square feet and such lot shall be not less than 50 feet in width at the building line, provided that if individual lot sewage disposal is to be used, the lot shall have an area of 30,000 square feet and a front building line width of 120 feet.
2.
Building Area. Not more than 55% of the area of each lot may be occupied by buildings, impervious parking areas or other impervious cover.
3.
Front Yard. There shall be a setback on each street on which a lot abuts which shall be not less than 40 feet in depth.
4.
Side Yard. Side yards shall be provided on every lot as follows:
A.
For every detached or unified building, there shall be two side yards, neither of which shall be less than 12 feet in width.
5.
Rear Yard. Where a rear yard is immediately contiguous to Residential Districts 1 or 2, the depth of the rear yard shall be equal to the minimum rear yard requirements in such Residential District.
6.
Height. No building shall exceed three stories or 35 feet in height.
7.
Special Regulations.
A.
Every use other than parking facilities, and except as otherwise provided in this Article 10, shall be completely enclosed within a building.
B.
No restaurant or similar use shall be conducted such as a drive-in service establishment or refreshment stand (sometimes called a snack bar, dairy bar, hamburger stand, or hot dog stand), where customers and patrons are served food and/or drinks for immediate consumption outside the building. All preparation, service and consumption of food shall be within the building in which the business is conducted except for food taken out for consumption off the premises.
C.
Along each side or rear yard property line which directly abuts a Residence or Apartment District in the Township or a similar district in an adjoining municipality, a buffer planting strip as defined in § 27-201 of this chapter, not less than 15 feet in width shall be provided.
D.
No permanent storage or merchandise, articles or equipment shall be permitted outside of a building and no goods, articles or equipment shall be stored, displayed or offered for sale beyond the front lines of a building. No outdoor vending machine, self-service station or similar use shall be allowed in any required yard abutting a street or on a public sidewalk.
E.
The off-street parking, off-street loading and special provisions relating to highway frontage prescribed in Article 21 of this chapter shall apply in Commercial Districts.
F.
No use shall be permitted which is in violation of the prohibited uses and performance standards in Article 21 of this chapter.
G.
The greatest dimension in length or depth of a building shall not exceed 160 feet.
H.
A unified group of buildings may consist of separate uses permitted in § 27-1002 of this article provided all other requirements of this article are met.
8.
The following provisions shall apply to medical marijuana dispensary operations in addition to any other provisions of this article, and Chapter 22 or Chapter 27 of the Township Code. In the event of a conflict between the terms of this subsection and Article 10, Chapter 22 or Chapter 27, the more restrictive provisions shall control.
A.
Medical marijuana dispensaries must be licensed by the Commonwealth of Pennsylvania pursuant to the Pennsylvania Medical Marijuana Act (Act of April 17, 2016 (P.L. 84, No. 16, 35 P.S. §§ 10231.101 through 10231.2110), as the same may be amended from time to time) to dispense marijuana certified for medical use as legally prescribed by the Medical Marijuana Act.
B.
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent and secure building which includes electronic systems, electronic surveillance and other features required by the Medical Marijuana Act.
C.
The medical marijuana dispensary shall not operate any closer than 1,000 feet from a day-care facility or a public, private, or parochial school or 250 feet from a recreation center or playground; nor shall it be located within 1,000 feet of another medical marijuana dispensary. Such distance shall be measured in a straight line from the closest exterior wall of the building or portion of thereof in which the dispensary application is located, to the closest property line of the protected district or use, regardless of the municipality in which it is located.
D.
A visual buffer planting screen with perimeter fencing is required where a medical marijuana dispensary adjoins a residential use.
E.
Loading and off-loading areas shall be conducted within the building to the greatest extent possible.
F.
Medical marijuana dispensaries shall not:
(1)
Have outdoor seating or waiting areas;
(2)
Conduct sales or business transactions outside of the building; or
(3)
Allow the administering of, or the consumption of, medical marijuana on the premises.
9.
Except as provided in this Article 10 to the contrary, where the Board of Supervisors permits seasonal outdoor dining as a conditional use, compliance with the following minimum standards shall be demonstrated by the applicant, in addition to any general conditional use or other applicable requirements contained in the Township Zoning Code.
A.
Seasonal outdoor dining area shall be considered the entire outdoor area of a restaurant utilized for food and beverage service, the seating of patrons, and/or any other activities covered by this Subsection 9 as permitted by the Board of Supervisors as part of the conditional use process, subject to the following:
(1)
Subject to Subsection 9.A(1)(a) below, seasonal outdoor dining areas shall be limited in size to no more than 50% of the interior floor space of the restaurant used for table seating for food service to patrons.
(a)
Where a restaurant originally established an ad hoc outdoor dining area pursuant to and in accordance with Resolution No. 9 of 2020 (A Resolution of the Board of Supervisors of Thornbury Township, Delaware County, Pennsylvania, Declaring a Temporary Moratorium on Enforcement of Outdoor Dining Activities in The Township During Recovery from the Covid-19 Pandemic), the seasonal outdoor dining area may remain in the general configuration and location so established, notwithstanding that the general configuration and location may not comply with the bulk, area, setbacks and parking requirements of this section.
(b)
Any restaurant establishing outdoor dining after the adoption of this Subsection 9[1] shall comply with the bulk, area, setbacks and parking requirements of this section.
[1]
Editor's Note: Subsection 9 was adopted 6/19/2024 by Ord. No. 1-2024.
(2)
The area, height and special regulations of Section 27-1003 shall apply, including, without limitation, the parking requirements of Article 21, except as such regulations are expressly modified herein.
(3)
Seasonal outdoor dining areas shall not be located in a front yard.
(4)
The minimum depth of any side or rear yard where a seasonal outdoor dining area is proposed to be located shall be equal to the minimum side or rear yard requirements as set forth in Section 27-1003, except when such side or rear yard is immediately contiguous to a residential district, where the depth of such side or rear yard shall be equal to the largest side or rear yard setback requirements of such residential district.
B.
Seasonal outdoor dining areas shall be primarily for the service of and consumption of food.
C.
Seasonal outdoor dining may also include the service of beverages (including alcoholic beverages pursuant to a valid liquor license covering the seasonal outdoor dining area), to patrons seated at tables and chairs arranged in an orderly fashion in a designated area outside and physically adjoining or generally adjacent to the permitted restaurant building. The number of tables and chairs for patrons shall be in accordance with the Township Zoning Code and Pennsylvania Liquor Control Board regulations.
D.
There shall be no separate bar or bar facilities for the service of alcohol or other beverages in the seasonal outdoor dining area. All such bar and beverage facilities shall be located within the restaurant building. In addition, all food preparation shall take place within the restaurant building, provided that temporary outdoor bar, bar facilities, and/or food preparation may be permitted for special events and provided that an application is made with and approved by the Township through the special event permitting process.
E.
A suitable enclosure (i.e., wall, fence and/or landscaping) shall be required around the perimeter of any seasonal outdoor dining area to visually delineate and identify seasonal outdoor dining area. Such enclosure shall be established prior to the use or occupancy of the seasonal outdoor dining area. Where a seasonal outdoor dining area abuts a residential district, a landscape buffer creating a year-round, opaque buffer shall be installed between the seasonal outdoor dining area and the abutting residential district, in addition to any seasonal outdoor dining area enclosure. Where the seasonal outdoor dining area abuts a parking area, drive aisle or other vehicle right-of-way, appropriate safety measures shall be provided for the protection of patrons and property.
F.
The seasonal outdoor dining area may be covered, partially or fully by means of umbrellas, an awning, canopy or similar temporary all weather cover, but in no instance shall said area be covered, fully enclosed or constructed in any fashion to permit year-round use and occupancy.
G.
The seasonal outdoor dining area may not be in use at any time from November 16 through March 31. During the period from April 1 to November 15:
(1)
Patrons shall not be seated and food and beverages shall not be served in the seasonal outdoor dining area:
(a)
After 9:00 p.m. Sunday through Thursday.
(b)
After 10:00 p.m. Friday and Saturday.
(2)
The seasonal outdoor dining area shall be closed and vacated:
(a)
Between the hours of 10:00 p.m. and 8:30 a.m. on Sunday through Thursday.
(b)
Between the hours of 11:00 p.m. and 8:30 a.m. on Friday and Saturday.
H.
The design and construction of the seasonal outdoor dining area shall be compatible with the restaurant building and its landscaping features as determined by the Board of Supervisors.
I.
Minimum security lighting shall be provided for all seasonal outdoor seating areas. Decorative or accent lighting may be used, provided that canopy/awning lighting is directed downward. Exposed neon tube lighting shall be prohibited. All lighting shall otherwise comply with the Township Zoning Code and Township Subdivision and Land Development Code.[2]
[2]
Editor's Note: See Chapter 22, Subdivsion and Land Development.
J.
Signs, banners and other forms of display shall not be permitted on the exterior of the seasonal outdoor dining area, but shall otherwise be permitted in accordance with Township Zoning Code.
K.
The operation of seasonal outdoor dining shall otherwise be in accordance with all applicable Township codes, rules and regulations.
L.
The following will be permitted only if and as approved by the Township Board of Supervisors as part of the conditional use process:
(1)
Televisions and similar video displays with audible volume, subject to the noise requirements and limitations of the Pennsylvania Liquor Code, as amended.[3]
[3]
Editor's Note: See 47 P.S. § 1-101 et seq.
(2)
Live musical and/or any other form of live entertainment, subject to the noise requirements and limitations of the Pennsylvania Liquor Code, as amended.
(3)
Playing of music over speakers and/or other sound amplification, subject to the noise requirements and limitations of the Pennsylvania Liquor Code, as amended.
(4)
Outdoor child play areas and/or recreational game areas (i.e., horseshoe pits, bocce ball courts, putting greens, etc.).
