Upper Tulpehocken Township
City Zoning Code
City Zoning Code
ARTICLE X
C-2 General Commercial Zoning District
§ 460-51 Specific intent.
It is the purpose of this zoning district to provide an area in which a variety of general commercial uses may locate.
§ 460-52 Uses permitted by right.
Land and buildings in a C-2 District may be used for the following purposes and no others unless a special exception, as provided for in § 460-53 of this Part 1, is granted:
B.
Car wash, subject to:
(1)
No water used in the washing of cars shall be discharged onto public roads or onto other properties, or into any waters of the commonwealth.
(2)
Car-washing activities shall be carried out within a building.
(3)
An approach drive or parking area to accommodate a minimum of four cars per bay shall be constructed, except in the case of a facility where only one bay is provided. In such case, the approach drive or parking area shall be constructed to accommodate a minimum of eight cars.
C.
Repair garage, subject to:
D.
Hotel or motel.
E.
Boarding or lodging house.
F.
Motor vehicle or vehicular dwelling sales agency.
G.
Indoor place of amusement or recreation, excluding adult business and adult establishment.
H.
Retail and wholesale sale of goods, prepared foods and services.
I.
Business, personal service establishment, professional or governmental office or studio.
J.
Banks, savings and loan associations, finance companies and similar types of businesses.
K.
Warehouse and distributing activities.
L.
Funeral home.
M.
Convenience stores.
N.
Accessory uses to the above permitted uses.
O.
Youth athletic activities under the direction and control of nonprofit organizations.
Q.
Cemetery.
R.
Restaurant.
U.
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 460-53 Uses permitted by special exception.
The following uses are permitted when special exceptions are granted by the Zoning Hearing Board:
B.
Adult business and adult establishment uses, which uses shall not be permitted in any other zoning district in the Township, when authorized by the Zoning Hearing Board as a special exception subject to Subsection C of this section.
C.
Special exception use provisions. The purpose of these special exception use provisions, which are applicable to all listed in § 460-53B above, is to minimize, where conditions permit, the secondary concerns that often arise with the commencement of adult business and adult establishment uses in a municipality and, which include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, particularly corruption of the morals of minors and prostitution, and encourage residents and businesses to move elsewhere.
(1)
In addition to the area and height regulations applicable to all uses permitted pursuant to the provisions of § 460-54 of this Part 1, no adult business or adult establishment use shall be located:
(a)
Within 1,000 feet of:
[1]
A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
[2]
A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school;
[3]
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania;
[4]
Any other adult business or adult establishment use;
[6]
A public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the Township which may be under the control, operation or management of private parties and open and available for use by the general public;
[7]
An entertainment business which is oriented primarily towards children and family entertainment.
(b)
Within 1,000 feet of any existing residence.
(2)
For the purpose of Subsection C(1) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in this Subsection C(1) of this section. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Subsection C(1) of this section.
(3)
No pornographic material, displays or words shall be placed in view of persons who are not inside of the adult business or adult establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(4)
No such use shall be allowed in combination with the sale of alcoholic beverages.
(5)
Any signs to be erected on the premises of an adult business or an adult establishment shall be regulated as follows:
(6)
Any lot which is to be used for any adult business or adult establishment use shall contain screening along property lines. The screening shall be such as to completely screen the adult establishment from adjoining properties containing dwellings or other business establishments. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features for screening.
(7)
If the applicant proposes the screening to be landscaping, the screening must at a minimum meet the following:
(a)
An evergreen screen shall be required to surround the site. The screen can be either two rows of hedge or two rows of evergreen trees. The hedge and evergreen screen shall be a minimum height of six feet at planting. The evergreen screen shall grow to a minimum of 15 feet at maturity.
(b)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(d)
The landscape screening shall be maintained permanently and plant material which does not live shall be replaced after one year.
(e)
The hedge and evergreen screen plants shall be installed as follows:
[1]
The hedge shall be planted three feet on center maximum.
[2]
The evergreen trees shall be planted 10 feet on center maximum.
[3]
Each row of hedge and evergreen trees shall be installed so as to "stagger" the individual plants between rows.
[4]
The buffer shall be maintained permanently and plant material which does not live shall be replaced within one year.
(8)
Sufficient additional data shall be submitted to enable the Zoning Hearing Board to determine that the requirements of this and other ordinances of the Township relevant to the proposed use have been fulfilled, and that the owners and operators of proposed adult entertainment facilities demonstrate a desire and ability to comply with the ordinances of the Township and to prevent their establishments from being used for any illegal activities.
D.
A church or similar place of worship.
§ 460-54 Area, yard and height regulations.
§ 460-55 General regulations.
§ 460-56 Travel convenience center by conditional use.
B.
The following design standards and specifications shall apply to a travel convenience center:
(1)
A minimum of 10 acres of contiguous net land area shall be required to accommodate all of the uses associated with a travel convenience center.
(2)
The travel convenience center shall be serviced by public sanitary sewage facilities.
(3)
The travel convenience center shall be serviced by public water supply system or by a private water supply system approved and permitted by Upper Tulpehocken Township and the Pennsylvania Department of Environmental Protection. As part of the conditional use application, the applicant shall demonstrate that the quantity and quality of the water supply source will be sufficient to accommodate the proposed use including that adequate fire flow volume, rate, and pressure shall be provided.
(4)
The minimum lot width requirement for the lot occupying the travel convenience center shall be 300 feet. In addition, the minimum and maximum dimensional requirements as specified by the zoning district in which the use is located shall apply.
(5)
All travel convenience center buildings shall be located at least 100 feet from any property line or street right-of-way line, provided, that this shall not apply to other structures (such as a fuel island) which are part of the travel convenience center.
(6)
All means of ingress and/or egress shall be located at least 200 feet from any intersecting street and shall be designed to accommodate traffic in a safe and efficient manner. The applicant or developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration and/or deceleration lanes as may be required by the Pennsylvania Department of Transportation or the Township. Primary ingress and egress shall be from/to an arterial or commercial collector road.
(7)
All designated points of ingress and egress for all vehicles shall be designed to consider traffic volumes on existing streets and adjacent uses.
(8)
Measures shall be provided to control dust and debris. The entire area shall be properly maintained and the perimeter of the site shall be inspected for debris on a daily basis.
(9)
Where feasible, the travel convenience center shall institute anti-idling measures to reduce the noise associated with idling vehicles. Measures such as sound-deflecting or sound-attenuating walls may be required so that noise emission beyond the property lines shall not exceed 64 decibels between 10:00 p.m. and 7:00 a.m. nor 75 decibels at other times.
(10)
Truck access shall be designed to minimize traffic hazards and inconveniences. All interior driveways shall be maintained and constructed by the owner or manager. All trucks leaving the site shall not deposit accumulating amounts of dirt, mud, or other such substances on public roads.
(11)
A twenty-foot-wide buffer yard or equivalent acceptable to the Supervisors shall completely surround all areas approved for the travel convenience center. The buffer yard shall consist of a dense evergreen screen, and is to be located and maintained along all boundary lines of the site, except at the entrance. The selected evergreens shall have a minimum height of six feet and shall be staggered on twelve-foot centers. No materials of any nature shall be stored within this buffer yard.
(12)
Hazardous, contaminated and/or toxic materials, including but not limited to highly flammable materials, explosives, pathological wastes and radioactive materials, shall not be stored at the site of the travel convenience center, provided, that this does not apply to a properly licensed truck and/or trailer on the site for less than 24 hours. This section does not apply to motor vehicle fuel stored in licensed underground tanks.
(13)
The owner or manager shall comply with all local, state and federal laws concerning stabilization, stormwater management, and erosion and sedimentation control.
(14)
All vehicle service, maintenance and repair activities shall be conducted within an enclosed building, which has been approved and permitted by the Township.
(15)
All vehicles that have been brought in for service, maintenance or repair shall be in a state of active repair and in no case shall be stored on the premises for 30 consecutive days.
(16)
The outdoor storage of unlicensed or noninspected vehicles or trailers shall be prohibited.
(18)
A sign study shall be submitted to demonstrate the necessary signage for the travel convenience center. Due to the visibility requirements from interstate highways, the maximum height and maximum square footage of any freestanding signs shall be justified by a sign study. More than one sign is permitted for each use within the travel convenience center. The area of signage for each commercial use within the travel convenience center shall be as follows: wall signage at a maximum of two square feet for each lineal foot of horizontal building facade length, but not to exceed 160 square feet; and signage on freestanding signs shall be determined as set forth in the sign study. Lettering on a canopy over fuel-dispensing islands shall not be considered signage in a travel convenience center. The sign study as well as all other proposed signage within the development shall be subject to the approval of the Board of Supervisors as part of the conditional use application.
(19)
Exterior storage areas for trash and rubbish shall be property screened with secured fencing and landscaping materials. All containers shall be airtight, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area will be permitted within 50 feet from any lot line.
C.
As part of the conditional use application, the applicant or developer shall submit the following information for review and consideration:
(1)
A preliminary landscaping plan showing how the buffer yards and other landscaping enhancements will be incorporated within the site.
(2)
A preliminary grading plan shall be developed identify the limits of disturbance for all site improvements, the proposed ground elevations, erosion and sedimentation control facilities, stormwater management facilities, and other natural or man-made features of the site.
(3)
A Traffic Impact Study shall be conducted in accordance with the provisions of Chapter 400, Subdivision and Land Development, Part 1, Upper Tulpehocken Subdivision and Land Development Regulations, in order to assess transportation conditions and needs. The Traffic Impact Study shall be submitted with the conditional use application.
(4)
An impact mitigation plan to identity and address environmental or other issues which this use may present.
§ 460-57 Fast-food facility by conditional use.
B.
The owner, operator, or manager shall employ measures to reduce trash and litter from containers used for takeout food and drink. Measures may include the type of packaging, signs warning of anti-littering laws, providing a trash disposal bag with each purchase, regular trash and litter cleanup on the outdoor premises, and/or any other measures which intend to control trash and litter from fast-food sales.
§ 460-58 Shopping center by conditional use.
B.
The minimum lot area shall be five acres.
D.
Public sewer and public water or equivalent private systems are required. The water supply must meet fire protection needs for volume, rate of flow, and pressure.
E.
The business within the shopping center may be attached buildings or in spaces divided within a building. Certain businesses may be situated in "outparcels" (a parcel separately owned or leased within the overall shopping center).
F.
The parking shall be provided in delineated spaces of appropriate size accessed by a driveway from an arterial street or commercial collector street. Adequate vehicle aisle width and loading spaces shall be provided.
G.
The parking layout shall provide for logical, effective, safe internal traffic circulation.
H.
The minimum number of parking spaces shall be four per 1,000 square feet of retail space; the maximum number of spaces shall be six per 1,000 square feet of retail space.
I.
To the fullest extent feasible, parking shall be screened from view of surrounding residential properties or from the view of people passing by on public streets or highways. Screening can be accomplished by building positioning, mounding, evergreen plantings, decorative walls, hedges, or any other means acceptable to the Township Supervisors.
J.
Trash shall be stored in suitable containers and regularly removed from the shopping center.
K.
Loading areas shall be screened from public view.