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Upper Tulpehocken Township
City Zoning Code

ARTICLE XI

C-3 Mixed Commercial-Residential Zoning District

§ 460-59 Specific intent.

It is the purpose of this zoning district to provide an area in which a mixing of residential and commercial uses may occur.

§ 460-60 Uses permitted by right.

Land and buildings in a C-3 District may be used for the following purposes and no others unless a special exception, as provided for in § 460-61 of this Part 1 is granted:
A. 
Single-family detached dwelling.
B. 
Home occupation, subject to § 460-88 of this Part 1.
C. 
Hotel or motel.
D. 
Boarding or lodging house.
E. 
Motor vehicle or vehicular dwelling sales agency.
F. 
Recreational area, subject to the following:
(1) 
No commercial activity is permitted except for the charging of admission, sale of refreshments, rental or sale of athletic equipment, or such other purpose as is clearly incidental to the permitted recreational use.
(2) 
In the event that an activity involves a public gathering, the following additional restrictions shall apply:
(a) 
Activities will not cause noise level to rise above 70 decibels at any time at any adjacent property line or nearest edge of any public right-of-way;
(b) 
All outdoor activities will cease prior to 10:00 p.m. prevailing time on a Sunday on nonholiday weekends or on a Monday on holiday weekends and 11:00 p.m. prevailing time on other days;
(c) 
Activities at any outdoor facility will be held on no more than 24 dates in each calendar year;
(d) 
Activities will be limited to Fridays, Saturdays and Sundays, except on holiday weekends that include a Monday as a federal holiday, in which cases, such activities may also be held on Mondays;
(e) 
Only two directional exterior signs are permitted at each entrance to a facility being used for an activity, together with a single exterior sign, including two faces maximum, of a maximum 200 square feet each, at each authorized vehicular entrance for upcoming events and for advertising the next event to be held at the facility;
(f) 
A permanent, fixed-place fence will be placed at or near the perimeter of the property in order to restrict pedestrian and vehicular traffic from entering and leaving the facility, except at authorized entrances and exits;
(g) 
Interior signs will be limited to a height at or below the average height of the fence surrounding any outdoor entertainment facility and in any event will not exceed 10 feet;
(h) 
No overnight camping will be allowed except in operational recreational vehicles or campers with Township-approved self-contained sewage and water systems pursuant to state and federal standards and only on Fridays, Saturdays and Sundays during activities involving public gatherings.
(i) 
Any such activity will not be held at any location which is more than 1/4 mile from the nearest point at which Route 183 crosses or intersects with Interstate 78.
(j) 
Any stage, amphitheater or similar structure designed for outdoor performances will be screened from the nearest property line to the satisfaction of the Zoning Officer to minimize any noise, light, dust and smoke from going beyond the nearest property line.
G. 
Retail and wholesale sale of goods, prepared foods and services.
H. 
Business, personal service establishment, professional or governmental office or studio.
I. 
Banks, savings-and-loan associations, finance companies and similar types of businesses.
J. 
Motor vehicle service station, subject to:
(1) 
Automobile parts, dismantled vehicles and similar articles shall be stored within a building.
(2) 
All repair activities shall be carried out within a building.
K. 
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.
L. 
Repair garage, subject to:
(1) 
All repair activities shall be performed within a building.
(2) 
All outdoor storage of dismantled vehicles, automobile parts and similar items shall be screened from view in such a manner that the outdoor storage of materials is not visible from adjoining properties or public streets.
M. 
Accessory uses to the above permitted uses.
N. 
Convenience stores.
O. 
No-impact home-based business.
P. 
Cemetery.
Q. 
Restaurant.
R. 
Telecommunications antennas and telecommunications equipment building attached to existing structures, as provided for in § 460-97 of this Part 1.
S. 
Agriculture, subject to § 460-98 of this Part 1.
T. 
Forestry, subject to § 460-101.
[Added 4-11-2017 by Ord. No. 7-2017]

§ 460-61 Uses permitted by special exception.

The following uses are permitted when special exceptions are granted by the Zoning Hearing Board:
A. 
Telecommunications antennas mounted on telecommunication towers and telecommunications equipment buildings as provided for in § 460-97 of this Part 1.

§ 460-62 Uses permitted by conditional use.

The following uses are permitted when conditional use is granted by the Board of Supervisors:
A. 
Church or similar place of worship.

§ 460-63 Area, yard and height regulations.

A. 
Maximum permitted.
(1) 
Building height: 35 feet.
(2) 
Building coverage: 35%.
[Amended 12-14-2021 by Ord. No. 4-2021]
(3) 
Paved area: 65%.
B. 
Minimum requirements.
(1) 
Lot size: one acre per principal residential or commercial building.
(2) 
Lot width:
(a) 
At street line: 150 feet.
(b) 
At building setback line: 150 feet.
(3) 
Building setback line: 40 feet.
(4) 
Improvement setback line: 10 feet.
(5) 
Rear yard: 40 feet.
(6) 
Area not paved or covered by buildings: 15%.
(7) 
Distance between highway access points: 75 feet.
(8) 
Side yard:
(a) 
Total: 40 feet.
(b) 
One side: 20 feet.

§ 460-64 General regulations.

The following general regulations found in Article XIV of this Part 1 shall apply to the C-3 District:
A. 
Section 460-74, Prohibited uses.
B. 
Section 460-75, Access to structures.
C. 
Section 460-76, Erection of more than one principal structure on a lot.
D. 
Section 460-77, Storage of explosives.
E. 
Section 460-78, Accessory buildings, structures and uses; residential.
F. 
Section 460-79, Commercial and industrial accessory buildings, structures and uses.
G. 
Section 460-80, Highway frontage development in Commercial and Industrial Zoning District.
H. 
Section 460-81, Landscaping.
I. 
Section 460-82, Lighting.
J. 
Section 460-83, Signs.
K. 
Section 460-84, Loading areas.
L. 
Section 460-85, Off-street parking.
M. 
Section 460-86, Private residential driveways.
N. 
Section 460-87, Front yard exceptions.
O. 
Section 460-88, Home occupations regulations.
P. 
Section 460-89, Fences.
Q. 
Section 460-90, Corner lot restrictions.
R. 
Section 460-91, Projections into yards.
S. 
Section 460-92, Floodway controls.
T. 
Section 460-94, Slope controls.
U. 
Section 460-95, Accessory building setback exceptions.
V. 
Section 460-97, Telecommunications facilities.