Upper Darby Township
City Zoning Code
City Zoning Code
ARTICLE V
Commercial Districts
§ 550-19 Intent.
It is the intent of this article to provide for the establishment of commercial districts which will facilitate the development and/or maintenance of appropriate locations for the conduct of commercial and service-oriented businesses in areas of Upper Darby Township which are appropriate to meet the needs of the community and which are consistent with the Township's Comprehensive Plan and supplemental detailed land use plans. To this end, these regulations:
A.
Encourage the development of a unique architectural complex of office and commercial uses in the central business area;
B.
Ensure that such establishments are protected from the intrusion of incompatible uses;
C.
Protect and maintain the values of property located within and adjacent to commercial districts;
D.
Strengthen the Township's tax base, employment base and the economic viability of commercial areas;
E.
Encourage a pattern of vehicular circulation and pedestrian access which will minimize traffic congestion and hazards while promoting free pedestrian movement.
§ 550-20 Development standards for commercial districts.
The following lot, area and bulk standards shall be required for every building or structure hereinafter erected, altered or used:
Table 5-1: Development Standards for Commercial Districts | ||||
|---|---|---|---|---|
District | C-1 | C-2 | C-3 | C-4 |
Minimum street frontage (feet) | 20 | 50 | 20 | 35 |
Minimum front yard (feet) | 0 | 50 | 0 | 100 |
Minimum side yard (feet) | 0 for attached structures; otherwise, 15 feet minimum for each side; 25 feet with a driveway | 0 for attached structures; otherwise, 15 feet minimum for each side, 25 feet with a driveway | 0 for attached structures; otherwise, 5 feet minimum for each side | 20 feet each side |
Minimum rear yard (feet) | 15 feet; 25 feet when adjoining a residential district | 20 | 10 | 20 |
Maximum building height (feet) | 35 | 35 | Minimum 2 stories; maximum 85 feet; up to 125 feet permitted with incentives provided in § 550-23G | 35 |
Maximum impervious coverage (percent) | 80% | 70% | 100% | 70% |
Maximum building footprint (individual establishment) (square feet) | 20,000 | NA | NA | NA |
Other requirements | Groups of building, attached or detached, may not exceed 30,000 square feet total; groups of attached structures may not exceed 124 feet in length | NA | NA | NA |
§ 550-21 C-1 Traditional Neighborhood Commercial District.
A.
Intent. The purpose of this section is to make provisions in appropriate locations for convenience-type commercial and service uses primarily to meet the needs of individuals living in the immediate neighborhood of the C-1 Districts. The C-1 Traditional Neighborhood Commercial District is a base zoning district meeting the criteria of Article VII-A (Traditional Neighborhood Development) of the Pennsylvania Municipalities Planning Code.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Special exception standards for drive-through facilities:
(a)
A site design plan for the use is required.
(b)
Only one drive-through lane shall be permitted.
(c)
Drive-through facilities are only permitted upon the preparation and approval of a traffic impact study.
(d)
Stacking room for a minimum of five vehicles waiting to enter the drive-through shall be provided as determined appropriate through the site design review process.
(e)
Drive-through windows shall only be located on the side or rear facade of a building.
(f)
The location of drive-through facilities shall not negatively impact pedestrian circulation.
(4)
Outdoor dining. Outdoor dining is permitted as an accessory use to a full-service sit-down restaurant only and subject to the following requirements:
(a)
Outdoor furnishings are limited to tables, chairs, portable heaters and umbrellas.
(b)
Outdoor furnishings shall be of quality materials, workmanship and sturdy construction designed to withstand strong winds and rain and to ensure the safety of patrons.
(c)
Outdoor furniture shall be stored inside the restaurant after normal operating hours.
(d)
Planters, posts with ropes, or other removable enclosures, as well as a reservation podium are encouraged and shall be used as a way of defining the area occupied by the cafe.
(e)
Refuse facilities should be provided.
(f)
Advertising or promotional features shall be limited to umbrellas and canopies.
(g)
Outdoor dining areas may not obstruct pedestrian traffic flow. A minimum pathway of at least three feet free of obstacles shall be maintained.[3]
[3]
Editor's Note: Former Subsection C(5), smoke shops/smoking parlors, added 12-1-2021 by Ord. No. 3106, which immediately followed, was repealed 7-10-2024 by Ord. No. 3155.
D.
Accessory use standards.
(2)
Video arcade and game room. A maximum of 10 coin-operated electronic or mechanical games are permitted as an accessory use in one establishment in addition to a coin-operated music machine (jukebox). Such devices shall be located at least 10 feet from the exit.
(3)
Outdoor display.
(a)
Commercial uses may have temporary display areas for the sale of goods or merchandise within front yards for the purpose of a sidewalk sale, subject to regulation by all other applicable Township ordinances.
(b)
Outdoor display is intended to comprise representative samples or examples of the goods and merchandise available for purchase, rather than the entire stock of any item.
(c)
Displayed items shall not be permanently affixed in front yards.
(d)
Outdoor display areas shall not encroach upon any required parking areas.
(e)
Outdoor display areas shall not exceed 50% of the required front yard area.
E.
General design standards.
(1)
Pedestrian circulation.
(a)
The principal customer entrance of the principal building on the site shall have direct access from the public sidewalk.
(b)
Where on-site off-street parking is provided, the following standards shall apply:
[1]
Continuous internal pedestrian walkways, no less than five feet in width, shall provide a direct link from the public sidewalk or street right-of-way to the customer entrance of the principal building on the site. Walkways shall also connect focal points of pedestrian activity, such as, but not limited to, transit stops, street crossings, and building and store entry points.
[2]
All internal pedestrian walkways and crosswalks shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials, such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort.
(2)
Refuse areas. All commercial uses shall provide for storage of refuse either inside the building(s) or within an outdoor area enclosed by walls or opaque fencing at least six feet and not more than 12 feet high. Refuse shall be kept within one or more lidded container(s) not to exceed six feet in height. All refuse areas shall meet the following requirements:
(a)
The refuse area shall not interfere with circulation within the parking lot.
(b)
The refuse area shall be shielded from direct view of any adjacent property.
(c)
The refuse area shall be located at least 10 feet from any adjacent nonresidential property line and 50 feet from any residential property line or street right-of-way line.
§ 550-22 C-2 Traditional General Commercial District.
A.
Intent. The purpose of this section is to make provisions in appropriate locations for general business activities having a Township-wide or larger trading area and to assure suitable design to protect the overall character of the Township. The C-2 Traditional General Commercial District is a base zoning district meeting the criteria of Article VII-A (Traditional Neighborhood Development) of the Pennsylvania Municipalities Planning Code.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Smoke shops. Smoke shops are permitted by special exception subject to the following requirements:
[Added 12-1-2021 by Ord. No. 3106; amended 7-10-2024 by Ord. No. 3155]
(a)
Smoke shops shall cease operations between the hours of 9:00 p.m. and 10:00 a.m.;
(b)
No alcoholic beverages shall be served or consumed on the premises;
(c)
Where located on a parcel within 300 feet of a residentially zoned property or institutional use, the smoke shop must include a planted buffer, privacy fence, and/or other sound or visual barrier adequate to screen adjacent residential properties from any activities on the premises to the satisfaction of the Zoning Hearing Board.
(d)
Tobacco products are prohibited from being sold to individuals under 21 years of age;
(e)
Individuals under 21 years of age are prohibited from being present in the smoke shop;
(f)
Applicant must submit professional elevations and floor plans during submission of the business permit;
(g)
Applicant must comply with spot checks from Township staff; and
(h)
Violations of these special exception requirements, or any other federal or state law, statute, or regulation will result in loss of a smoke shop's use and occupancy permit, and suspension of their special exception status. A suspended special exception status may only be reinstated by the Zoning Hearing Board upon petition.
D.
Accessory use standards.
(2)
Storage and warehousing. Storage and warehousing of goods and supplies associated with a primary use is permitted at the same location, provided that said warehousing and storage shall be conducted entirely within an enclosed structure or screened in such a way that it is not visible from the exterior of the property.
(3)
Outdoor dining. Outdoor dining is permitted as an accessory use to a full-service sit-down restaurant only and subject to the following requirements:
(a)
Outdoor furnishings are limited to tables, chairs, portable heaters and umbrellas.
(b)
Outdoor furnishings shall be of quality materials, workmanship and sturdy construction designed to withstand strong winds and rain and to ensure the safety of patrons.
(c)
Outdoor furniture shall be stored inside the restaurant after normal operating hours.
(d)
Planters, posts with ropes, or other removable enclosures, as well as a reservation podium are encouraged and shall be used as a way of defining the area occupied by the cafe.
(e)
Refuse facilities should be provided.
(f)
Advertising or promotional features shall be limited to umbrellas and canopies.
(g)
Outdoor dining areas may not obstruct pedestrian traffic flow. A minimum pathway of at least three feet free of obstacles shall be maintained.
(4)
Outdoor storage. Outdoor storage of merchandise associated with a primary use at the same location shall conform to the following standards:
(a)
No vehicles, equipment or merchandise shall be parked, stored or displayed within the right-of-way of any street or any other areas intended for pedestrian use.
(b)
Outdoor storage shall be permitted only to the rear of the buildings and shall be set back at least 30 feet from property boundaries.
(c)
All storage areas shall be screened from public view by an opaque fence or wall at least six feet high. Stored materials may not exceed the heights of the fence.
(d)
A screening buffer at least 15 feet wide shall be provided along side property lines and rear property lines of all adjacent properties.
(5)
Outdoor display. The following regulations shall apply to all outdoor merchandise displays associated with a primary use:
(a)
The following types of commercial uses and no others may have permanent display areas for equipment, goods or merchandise within front yards, and all other commercial displays shall be only for the purpose of a sidewalk sale, subject to regulation by all other applicable Township ordinances:
(b)
Outdoor display is intended to comprise representative samples or examples of the goods, merchandise or equipment available for purchase, rather than the entire stock of any item.
(c)
Displayed items shall not be permanently affixed in front yards.
(d)
Outdoor display areas shall not encroach upon any required parking areas.
(e)
Outdoor display areas shall not exceed 50% of the required front yard area.
(f)
Outdoor display areas shall be considered to be sales floor area for the purpose of computing parking requirements.
(6)
Video arcade and game room. A maximum of 10 coin-operated electronic or mechanical games are permitted as an accessory use in one establishment in addition to a coin-operated music machine (jukebox.) Such devices shall be located at least 10 feet from the exit.
E.
Shopping center standards.
(1)
All shopping centers and other retail establishments with 100,000 square feet or more in gross floor area shall meet the following design standards:
(a)
The tract of land to be developed or renovated/expanded shall be located adjacent to and readily accessible from major regional highways or arterial streets, as defined by the Pennsylvania Department of Transportation's Roadway Functional Classification.
(b)
Any property with more than one building on the site shall have a common and coherent architectural theme throughout the development.
(c)
Large buildings and shopping centers shall have clearly defined, highly visible customer entrances for primary buildings, featuring no less than three of the following: canopies or porticoes; overhangs; recesses/projections; arcades; raised corniced parapets over the door; peaked roof forms; arches; outdoor patios; and display windows.
(d)
Storefront landscaping shall be provided between the foundations of buildings and driveways/parking areas. A minimum of 25% of the area between the building foundation and driveways/parking areas shall be landscaped.
(e)
A common use area shall be provided that will serve as a focal point for the center and provide walkways, seating and landscaping. Water features, courtyards, mini parks and plazas are encouraged. The common use area shall meet the following requirements:
[1]
It shall generally be located between the street and the front facade of the shopping center or large retail establishment building and be located within 200 feet of this building.
[2]
It shall be equal to or greater in size than 5% of the gross floor area of the shopping center or large retail establishment.
[3]
It shall be directly connected to the sidewalk in front of the shopping center or large retail establishment, without intervening driveways or streets.
[4]
It shall consist of one contiguous area, and the shape and location of the common use area shall be approved by the Township.
[5]
It shall be improved with a gazebo, pavilion, clock tower, or paved patio area with a fountain to help identify this area as the central gathering place for the development.
[6]
This improvement shall be a minimum of 300 square feet in size.
[7]
It shall contain shade trees, ornamental plantings and seating.
(f)
Satellite facilities. Satellite facilities must comply with the following requirements:
[1]
Except for satellite facilities which involve the handling of food, all storage areas must be indoors and included in the facility. Satellite facilities involving the handling of food may have outside storage facilities for refuse only, which must comply with the design requirements of Subsection F(6) herein.
[2]
Satellite facilities must comply with the same landscaping requirements as the main structure or structures.
[3]
Parking and access for satellite facilities must comply with the requirements for the entire center and shall not interfere with the scheme established for vehicular and pedestrian circulation and safety for the overall shopping center parking area.
(2)
Traffic impact study. All shopping centers and other retail establishments with 100,000 square feet or more in gross floor area shall be accompanied by a traffic impact study demonstrating the manner in which projected traffic flows will be accommodated, and the proposed road improvements, if any, to be undertaken in conjunction with development, redevelopment or expansion of the site. The traffic impact study shall be prepared by a professional traffic engineer or transportation planner and shall include the following elements:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Identification of traffic impact area. The traffic impact area shall be determined by the characteristics of the surrounding areas as mutually agreed upon by the Township's Engineer and the transportation engineer preparing the analysis.
(b)
Existing peak-hour traffic volume data for all roads located within the traffic impact area identified in Subsection E(2)(a) above.
(c)
Estimates of the total number of vehicle trips to be generated by the proposed development for typical a.m. and p.m. peak periods.
(e)
The directional distribution of site-generated trips to and from the approach roads surrounding the proposed development.
(f)
Projected peak-hour turning movement data for all access points proposed for the development.
(g)
Capacity/level of service (LOS) analysis of existing and future traffic on major intersections contained in the identified study which will be impacted by the additional volumes generated by the proposed development.
(h)
Prior to approval of proposed development, the LOS analysis shall demonstrate:
[1]
The proposed development does not cause the overall level of service for any signalized intersection located within the traffic impact area to fall below the existing LOS or LOS D, whichever is lower; and
[2]
The traffic impact study shall identify those improvements needed to maintain the existing level of service and what additional improvements would be needed to raise the level of service to the standards indicated.
(i)
Data about existing accident levels at these intersections, categorized by accident type for each intersection.
(j)
A determination based on accident data and traffic volume information as to the need for traffic control signalization.
(k)
A determination of pedestrian traffic, based on the site's location to other pedestrian trails or amenities, including, but not limited to, places of employment, recreation or commercial uses, and a description of what improvements might be needed to facilitate pedestrian circulation in light of other traffic and circulation issues.
(l)
Cost estimates of any proposed improvements that will be required.
(m)
Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed subdivision or land development.
(n)
Descriptions of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed subdivision or land development on the transportation network.
(o)
Written text to interpret the information and data presented in terms of the aforementioned objectives.
(p)
The Township Engineer shall review the results of the local traffic impact study, then submit it along with written recommendations to the Township Council before Council makes a decision regarding the development plan.
F.
General design standards.
(1)
Drive-through facilities.
(a)
Drive-through facilities for permitted commercial uses shall provide room for at least five automobiles for each stacking lane.
(b)
Stacking lanes shall be maintained in such a manner so as not to interfere with the safe movement of on- and off-site vehicular and pedestrian traffic.
(c)
Drive-through windows shall face the rear or side yard of the site. Drive-through windows shall not face a public street.
(2)
Car washes.
(a)
All automated washing and drying facilities shall be located entirely within an enclosed and roofed building.
(b)
Automatic car wash facilities shall provide sufficient on-site stacking lanes to accommodate a minimum of 10 automobiles for the first washing bay on site and two automobiles for each additional washing bay on the site.
(c)
Self-service car wash facilities shall provide sufficient on-site stacking lanes to accommodate a minimum of four automobiles for the first washing bay on the site and one automobile for each additional washing bay on the site.
(d)
Car wash facilities shall contain on-site drainage systems designed to prevent water runoff and freezing on streets and adjoining properties.
(3)
Oil change and lube facilities.
(4)
Gas stations and other facilities with fuel pumps.
(a)
All activities except those to be performed at the fuel or air pumps are performed within a completely enclosed building.
(b)
The minimum setback of pump islands shall be 50 feet from street rights-of-way, 80 feet from residential property lines, and 30 feet from all other property lines.
(c)
The fuel pump area shall not interfere with parking spaces or internal circulation. In developments with multiple uses, the fuel pump area shall be separated from the parking and internal circulation of other uses.
(d)
Body repairs and/or painting shall not be permitted.
(e)
Canopies shall meet the following requirements:
[1]
Canopies shall be set back at least 15 feet from property lines and right-of-way lines and 50 feet from abutting residentially zoned properties.
[2]
Canopies shall have a maximum height of 16 feet measured to the underside of the canopy. For slanted canopies, this sixteen-foot maximum can be measured at the portion of the canopy closest to the street.
[3]
Lighting for canopies shall be recessed so that the bottom of the lighting fixture is flush with the underside of the canopy, using a full-cutoff flat-lens luminaire.
[4]
Canopies shall be designed to be architecturally compatible with structures in the same development.
(5)
Pedestrian circulation.
(a)
Continuous internal pedestrian walkways, no less than five feet in width, shall provide a direct link from the public sidewalk or street right-of-way to the principal customer entrance of all principal retail establishments on the site. Walkways shall also connect focal points of pedestrian activity, such as, but not limited to, transit stops, street crossings, and building and store entry points.
(b)
Unobstructed sidewalks, no less than six feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. Along facades with building entrances, the required six-foot-wide sidewalk area shall be set back from the facade by a three-foot area that either contains planting beds or additional sidewalk width.
(c)
All internal pedestrian walkways and crosswalks shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials, such as pavers, bricks or scored concrete, to enhance pedestrian safety and comfort.
(6)
Refuse areas. All commercial uses shall provide for storage of refuse either inside the building(s) or within an outdoor area enclosed by walls or opaque fencing at least six feet and not more than 12 feet high. Refuse shall be kept within one or more lidded container(s) not to exceed six feet in height. All refuse areas shall meet the following requirements:
(a)
The refuse area shall not interfere with circulation within the parking lot.
(b)
The refuse area shall be shielded from direct view of any adjacent property.
(c)
The refuse area shall be located at least 10 feet from any adjacent nonresidential property line and 50 feet from any residential property line or street right-of-way line.
§ 550-23 C-3 Traditional Downtown Business District.
A.
Intent. The purpose of this section is to encourage development that is compatible with the historical character and scale of the Traditional Downtown Business District with respect to uses, building dimensions, building design and functions and to encourage development/redevelopment of existing buildings and properties for mixed uses, including office, retail, residential and service uses. The C-3 Traditional Downtown Business District is a base zoning district meeting the criteria of Article VII-A (Traditional Neighborhood Development) of the Pennsylvania Municipalities Planning Code.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Special exception standards for drive-through facilities:
(a)
A site design plan for the use is required.
(b)
Only one drive-through lane shall be permitted.
(c)
Drive-through facilities are only permitted upon the preparation and approval of a traffic impact study.
(d)
Sufficient stacking room for vehicles waiting to enter the drive-through shall be provided, as determined appropriate through the site design review process.
(e)
Drive-through windows shall only be located on the side or rear facade of a building.
(f)
The location of drive-through facilities shall not negatively impact pedestrian circulation.
(4)
Subject to the general standards set forth in § 550-54J of this chapter and the specific standards set forth below, the following uses shall be permitted as special exceptions in the C-3 Zoning District when authorized by the Upper Darby Zoning Hearing Board:
[Added 4-19-2017 by Ord. No. 3038]
(a)
Medical marijuana dispensary. A medical marijuana dispensary shall be permitted as a special exception in the C-3 Zoning District. A medical marijuana dispensary shall meet the following specific criteria to receive approval as a special exception from the Zoning Hearing Board:
[2]
Permitted hours of operation of a dispensary facility shall be 8:00 a.m. to 8:00 p.m., daily;
[3]
One-third of the gross square feet of a dispensary facility shall be dedicated for secure storage of medical marijuana;
[4]
A dispensary facility shall not have any of the following: drive-through service, an outdoor seating area, outdoor vending machines;
[5]
A dispensary facility shall not be located within 1,000 feet of any 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 or use, regardless of the municipality in which it is located; and
[Amended 6-21-2017 by Ord. No. 3040]
[6]
A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility.
(b)
Cigar lounge. A cigar lounge shall be permitted as a special exception in the C-3 Traditional Downtown Business District. A cigar lounge shall meet the following specific criteria and requirements to receive approval as a special exception from the Zoning Hearing Board:
[Amended 12-1-2021 by Ord. No. 3106; 7-10-2024 by Ord. No. 3155]
[1]
Cigar lounges shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, any cigar lounge located within 300 feet of a residential zoned property must cease operations between 11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially zoned property or institutional use, the cigar lounge must include a planted buffer, privacy fence, and/or other sound or visual barrier adequate to screen adjacent residential properties from any activities on the premises to the satisfaction of the Zoning Hearing Board.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Cigar lounges must be located at least 500 feet from any other cigar lounge.
[5]
No alcoholic beverages shall be sold, served or consumed on the premises of a cigar lounge.
[6]
The consumption of cannabis or cannabis derived substances is prohibited within the premises of a cigar lounge.
[7]
Tobacco products are prohibited from being sold to individuals under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being present in a cigar lounge.
[9]
Violations of these special exception requirements, or any other federal or state law, statute, or regulation will result in loss of a cigar lounge's use and occupancy permit, and suspension of the special exception status. A suspended special exception status may only be reinstated by the Zoning Hearing Board upon petition.
(c)
Hookah bar. A hookah bar shall be permitted as a special exception in the C-3 Traditional Downtown Business District. A hookah bar shall meet the following specific criteria and requirements to receive approval as a special exception from the Zoning Hearing Board:
[Added 12-1-2021 by Ord. No. 3106; amended 7-10-2024 by Ord. No. 3155]
[1]
Hookah bars shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, any hookah bar located within 300 feet of a residential zoned property must cease operations between 11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially zoned property or institutional use, the smoke shop/smoking parlor must include a planted buffer, privacy fence, and/or other sound or visual barrier adequate to screen adjacent residential properties from any activities on the premises to the satisfaction of the Zoning Hearing Board.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Hookah bars must be located at least 500 feet from any other hookah bar.
[5]
No alcoholic beverages shall be sold, served or consumed on the premises of a hookah bar.
[6]
The consumption of cannabis or cannabis derived substances is prohibited within the premises of a hookah bar.
[7]
Tobacco products are prohibited from being sold to individuals under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being present in a hookah bar.
[9]
Violations of these special exception requirements, or any other federal or state law, statute, or regulation will result in loss of a hookah bar's use and occupancy permit, and suspension of the special exception status. A suspended special exception status may only be reinstated by the Zoning Hearing Board upon petition.
D.
Accessory use standards.
(1)
Outdoor dining. Outdoor dining is permitted as an accessory use to a full-service sit-down restaurant only and subject to the following requirements:
(a)
Outdoor furnishings are limited to tables, chairs, portable heaters and umbrellas.
(b)
Outdoor furnishings shall be of quality materials, workmanship and sturdy construction designed to withstand strong winds and rain and to ensure the safety of patrons.
(c)
Outdoor furniture shall be stored inside the restaurant after normal operating hours.
(d)
Planters, posts with ropes, or other removable enclosures, as well as a reservation podium are encouraged and shall be used as a way of defining the area occupied by the cafe.
(e)
Refuse facilities should be provided.
(f)
Advertising or promotional features shall be limited to umbrellas and canopies.
(g)
Outdoor dining areas may not obstruct pedestrian traffic flow. A minimum pathway of at least three feet free of obstacles shall be maintained.
(2)
Outdoor display.
(a)
Commercial uses may have temporary display areas for the sale of goods or merchandise within front yards for the purpose of a sidewalk sale, subject to regulation by all other applicable Township ordinances.
(b)
Outdoor display is intended to comprise representative samples or examples of the goods and merchandise available for purchase, rather than the entire stock of any item.
(c)
Displayed items shall not be permanently affixed in front yards.
(d)
Outdoor display areas shall not encroach upon any required parking areas.
(e)
Outdoor display areas shall not exceed 50% of the required front yard area.
E.
General design standards.
(1)
Pedestrian circulation.
(a)
The principal customer entrance of the principal building on the site shall have direct access from the public sidewalk.
(b)
Where on-site off-street parking is provided, the following standards shall apply:
[1]
Continuous internal pedestrian walkways, no less than five feet in width, shall provide a direct link from the public sidewalk or street right-of-way to the customer entrance of the principal building on the site. Walkways shall also connect focal points of pedestrian activity, such as, but not limited to, transit stops, street crossings, and building and store entry points.
[2]
All internal pedestrian walkways and crosswalks shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials, such as pavers, bricks or scored concrete, to enhance pedestrian safety and comfort.
(2)
Refuse areas. All commercial uses shall provide for storage of refuse either inside the building(s) or within an outdoor area enclosed by walls or opaque fencing at least six feet and not more than 12 feet high. Refuse shall be kept within one or more lidded container(s) not to exceed six feet in height. All refuse areas shall meet the following requirements:
F.
Residential uses. Multifamily dwellings, as indicated in Article III, Table of Permitted Uses, are the only permitted residential use in the C-3 District. A permitted commercial use, as indicated in Article III, Table of Permitted Uses, must occupy the entire first floor of all multifamily buildings located in the C-3 District.
G.
Development incentives.
(1)
Height bonus. Projects in the C-3 District shall qualify for a maximum of 40 feet of additional building height in exchange for a combination of the bonus features listed in Table 5-2.
Table 5-2: Building Height Bonus Features | |||
|---|---|---|---|
Bonus Feature | Bonus Feature Standard | Bonus Height | |
Preservation of a historic structure or facade on the development site | Must follow the Secretary of the Interior's Standards for Rehabilitation | 20 feet | |
Public plaza, square or courtyard | Minimum 250 square feet; Shall be located where it is visible and accessible from either a public sidewalk or pedestrian connection; 30% of the area shall be landscaped with trees, shrubs, and mixed plantings with year-round interest; 1 seating space is required for each 30 square feet of public area; Shall not be used for parking, loading, or vehicular access (excluding emergency vehicle access) | 10 feet | |
Replacement of existing nonconforming signage | Where applicable; shall include approved permitted signage consistent with Article IX herein | 10 feet | |
Provision of streetscape amenities | Qualifying amenities shall meet the Township's approved specifications: | Combine 3 amenities to obtain 10 feet of bonus height | |
Bicycle parking rack (must accommodate a minimum of 5 bicycles) Decorative streetlighting Bus shelter for existing bus stop located within 500 feet of the property Landscaped planters Other amenity that meets the legislative intent of this article and as approved by Township Council | |||
Structured parking | Structured parking is provided within the building footprint; a minimum of 50% of the provided parking spaces shall be available to the public | 20 feet | |
Green roof | The green roof shall cover at least 70% of the net roof area (the total gross area minus areas covered by mechanical equipment). Green roofs shall be designed and installed under the direction of a professional with demonstrated expertise in green roof design and construction. Vegetation must be maintained for the life of the building. The green roof shall conform to the best available technology standards, such as those published by LEED (Leadership in Energy and Environmental Design) | 10 feet | |
Alternative energy sources | Install a solar, wind or geothermal power generation facility that is designed to provide at least 15% of the expected annual energy use for the building; the facility shall be designed and installed under the direction of a professional with demonstrated expertise in the design and construction of such facilities | 10 feet | |
Green building design | The applicant must submit a letter of intent that communicates its commitment to achieve a LEED-NC or EB Silver Rating or similar standard on its building Within 90 days of receiving the final certificate of occupancy, the applicant must submit documentation that demonstrates achievement of a LEED Silver Rating or similar standard | 20 feet | |
§ 550-24 C-4 Commercial-Industrial District.
A.
Intent. It is the purpose of this District to make special provisions for office, research and light industrial development in appropriate areas of the Township. The commercial-industrial classification is designed: (1) to provide a compatible environment for commercial and industrial development; and (2) to strengthen and diversify the Township's property tax base. All uses must be in accordance with all Township, county, state and federal requirements.
B.
Permitted uses. A list of permitted uses is provided in Article III, § 550-8, Table of Permitted Uses.[1]
(1)
A medical marijuana dispensary as defined in this chapter and as permitted and regulated by the Department of Health of the Commonwealth of Pennsylvania.
[Added 4-19-2017 by Ord. No. 3038]
(a)
A medical marijuana dispensary facility shall not be located within 1,000 feet of any 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 or use, regardless of the municipality in which it is located.
[Amended 6-21-2017 by Ord. No. 3040]
(b)
A medical marijuana dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility.
(2)
A medical marijuana grower/processer as defined in this chapter and as permitted and regulated by the Department of Health of the Commonwealth of Pennsylvania.
[Added 4-19-2017 by Ord. No. 3038]
(a)
A medical marijuana grower/processor facility shall not be located within 1,000 feet of any 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 or use, regardless of the municipality in which it is located.
[Amended 6-21-2017 by Ord. No. 3040]
(b)
A medical marijuana grower/processor facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana grower/processor facility.
[1]
Editor's Note: The Table of Permitted Uses is an attachment to this chapter.
C.
Special exception uses.
(2)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(3)
Subject to the general standards set forth in § 550-54J of this chapter and the specific standards set forth below, the following uses shall be permitted as special exceptions in the C-4 Commercial Industrial Zoning District when authorized by the Upper Darby Zoning Hearing Board:
[Added 4-19-2017 by Ord. No. 3038; amended 12-1-2021 by Ord. No. 3106]
(a)
Smoke shops. Smoke shops shall be permitted as a special exception in the C-4 Zoning District. A smoke shop shall meet the following specific criteria and requirements to receive special exception approval:
[Amended 7-10-2024 by Ord. No. 3155]
[1]
Smoke shops shall cease operations between the hours of 9:00 p.m. and 10:00 a.m.
[2]
No alcoholic beverages shall be served or consumed on the premises;
[3]
Where located on a parcel within 300 feet of a residentially zoned property or institutional use, the smoke shop must include a planted buffer, privacy fence, and/or other sound or visual barrier adequate to screen adjacent residential properties from any activities on the premises to the satisfaction of the Zoning Hearing Board;
[4]
Tobacco products are prohibited from being sold to individuals under 21 years of age;
[5]
Individuals under 21 years of age are prohibited from being present in the smoke shop;
[6]
Applicant must submit professional elevations and floor plans during submission of the business permit;
[7]
Applicant must comply with spot checks from Township staff; and,
[8]
Violations of these special exception requirements, or any other federal or state law, statute, or regulation will result in loss of a smoke shop's use and occupancy permit, and suspension of the special exception status. A suspended special exception status may only be reinstated by the Zoning Hearing Board upon petition.
(b)
Hookah bar. A hookah bar shall be permitted as a special exception in the C-4 Traditional Downtown Business District. A hookah bar shall meet the following specific criteria and requirements to receive special exception approval:
[Amended 7-10-2024 by Ord. No. 3155]
[1]
Hookah bars shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, that operations of any hookah bar located within 300 feet of a residential zoned property must cease operations between 11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially zoned property, the hookah bar must include a planted buffer, privacy fence, and/or other sound or visual barrier adequate to screen adjacent residential properties from any activities on the premises and prevent the discernable transfer of smoke onto a residential property.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Hookah bars must be located at least 500 feet from any other hookah bar.
[5]
No alcoholic beverages shall be sold, served or consumed on the premises of a hookah bar.
[6]
The consumption of cannabis or cannabis derived substances is prohibited within the premises of a hookah bar.
[7]
Tobacco products are prohibited from being sold to individuals under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being present in a hookah bar.
[9]
Violations of these special exception requirements, or any other federal or state law, statute, or regulation will result in loss of a hookah bar's use and occupancy permit, and suspension of the special exception status. A suspended special exception status may only be reinstated by the Zoning Hearing Board upon petition.
(c)
Cigar lounge. A cigar lounge shall be permitted as a special exception in the C-4 Commercial-Industrial District. A cigar lounge shall meet the following specific criteria and requirements to receive approval as a special exception from the Zoning Hearing Board:
[Added 7-10-2024 by Ord. No. 3155]
[1]
Cigar lounges shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, any cigar lounge located within 300 feet of a residential zoned property must cease operations between 11:00 p.m. and 10:00 a.m.;
[2]
Where located on a parcel within 300 feet of a residentially zoned property or institutional use, the cigar lounge must include a planted buffer, privacy fence, and/or other sound or visual barrier adequate to screen adjacent residential properties from any activities on the premises to the satisfaction of the Zoning Hearing Board.
[3]
There shall be adequate ventilation for occupied spaces.
[4]
Cigar lounges must be located at least 500 feet from any other cigar lounge.
[5]
No alcoholic beverages shall be sold, served or consumed on the premises of a cigar lounge.
[6]
The consumption of cannabis or cannabis derived substances is prohibited within the premises of a cigar lounge.
[7]
Tobacco Products are prohibited from being sold to individuals under 21 years of age.
[8]
Individuals under 21 years of age are prohibited from being present in a cigar lounge.
[9]
Violations of these special exception requirements, or any other federal or state law, statute, or regulation will result in loss of a cigar lounge's use and occupancy permit, and suspension of the special exception status. A suspended special exception status may only be reinstated by the Zoning Hearing Board upon petition.