Whitemarsh Township
City Zoning Code
City Zoning Code
ARTICLE XV
CR Commercial Retail District
§ 116-91 Legislative intent.
The purpose of this article is to encourage and provide for establishment of planned commercial districts and to serve Township residents in a manner consistent with the goals of the Comprehensive Plan.
§ 116-92 Authorization of Map amendments; scope.
The Board of Supervisors may authorize as an amendment to the Zoning Map the designation of an area as a CR-H Commercial Retail District-High or as a CR-L Commercial Retail District-Low for the location of commercial development. In a CR-H or CR-L District, the following regulations shall apply.
§ 116-93 Dimensional regulations.
A.
District area. The minimum area which may be classified as a CR Commercial Retail District shall be five acres.
B.
Lot area. The minimum area for a single structure or development shall be determined by the land use, parking and other requirements.
C.
Lot coverage. Maximum building coverage shall be no more than 40% of the total lot area. Impervious ground cover shall be no greater than 65% of the total lot area. Each lot shall have a minimum green space area of 35% of the total lot area.
[Amended 9-9-2004 by Ord. No. 794]
D.
Rear and side yards shall have a minimum depth of 100 feet from any residential zoning district boundary and no parking shall be permitted within 50 feet of any residential district boundary except where permitted by special exception. Pursuant to the provisions of a special exception, parking may be permitted as close as 20 feet from a residential district boundary line, provided that a permanent visual screen, including a planting area approved by the Shade Tree Commission, shall be installed.
E.
Front yards. Minimum front yards shall be 50 feet, and no parking shall be permitted on the required minimum front yard.
F.
Side yards. Except as provided in Subsection D above, every property in a Commercial Retail District shall have two minimum side yards of 20 feet each, except corner property.
[Amended 3-28-2013 by Ord. No. 925]
G.
Rear yards. Except as provided in Subsection D above, rear yards shall be a minimum of 50 feet in depth.
H.
Planned development consisting of a grouping of uses in one or more structures, portions of which are held in separate ownerships, may be permitted by special exception.
§ 116-94 Height regulations.
The maximum height of any building erected or used in this District shall be 35 feet, except that the height of any building may be increased to a maximum of 65 feet, provided that for every foot of height increase in excess of 35 feet there shall be added to each yard requirement one corresponding foot of width or depth. Structures, except chimneys and flagpoles, may be erected above the roofline, shall be erected within a recession of one foot for each one foot of additional height, and must be designed to be compatible with the architectural treatment of the building.
§ 116-95 (Reserved)
§ 116-96 Outside display and/or sale of merchandise.
No merchandise shall be displayed, sold or leased outside the walls of a building, except:
§ 116-97 Noise.
Noise levels shall conform to Township, state and federal regulations, but in no case shall outside speakers for music or voice amplification be permitted.
§ 116-98 Lighting.
Lighting shall be arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
§ 116-99 Landscaping and screening.
Front, rear and side yards shall be landscaped and, where adjacent to residential districts or where otherwise required, screened by use of plantings and/or walls, berms or fences of suitable height and composition to effectively protect adjacent properties. All landscaping and screening plans shall be reviewed by the Shade Tree Commission and shall include size, location and species of all new or existing plant materials proposed to be used and size and location of all walls, berms or fences.
§ 116-100 Control of dust, smoke, vapors, gases, vibration and other nuisances or hazards.
No use shall be permitted which does not meet Township, state or federal standards.
§ 116-101 Utilities and waste disposal.
All utilities shall be located underground, and all waste storage and disposal facilities shall be screened as part of the architectural treatment of the building.
§ 116-102 Air conditioners.
Air conditioners may be of the single-unit or central-unit type. If single unit, they must not protrude from the natural wall line and must be designed in accordance with the overall architectural treatment of the building. If of the central-unit type, with the unit on the roof, the unit must be recessed in accordance with § 116-94 above of this article.
§ 116-103 Application and review by Planning Commission.
[Amended 7-28-2011 by Ord. No. 907]
A.
When deemed appropriate by the Zoning Officer, plans for any Commercial Retail CR-H or CR-L use shall be submitted to the Planning Commission prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXX, and such plans shall include, in addition to other applicable requirements, the following:
[Amended 3-28-2013 by Ord. No. 925]
(1)
The site plan shall include detailed information concerning the following:
(a)
The location of all present and proposed buildings, sidewalks and other areas to be devoted to pedestrian use, drives, fire lanes, parking lots, loading and unloading areas and other construction features; and all buildings, streets, highways, streams, floodplains, and other topographical features of the lot within 200 feet of any lot line.
(b)
The location, size in square feet, dimensions and arrangements of areas and buildings devoted to any purpose.
(c)
A description of any land uses proposed, including approximate number of employees and/or residents and an indication of the number of visitors, in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards.
(d)
Engineering and architectural plans for the treatment and disposal of liquid and solid wastes, including the general storm drainage system.
(e)
Access provisions for fire equipment.
(f)
The stages, if any, which will be followed in the construction and/or alteration.
(g)
A statement of financial responsibility as to the developer's ability to proceed with the alterations and/or construction if the plans are approved.
(i)
Any other data or evidence that the Planning Commission may require.
(2)
The architectural drawings shall include evidence and facts showing that the proposed alterations and/or new construction shall be compatible with architectural qualities prevalent in the district. As such it shall include suitable information concerning the following essential considerations:
(a)
The exterior changes to be made or the exterior character of the structure to be erected.
(b)
A list of the surrounding structures with their general exterior characteristics.
(c)
The effect of the proposed change upon the general architectural nature of the district.
(d)
The appropriateness of exterior architectural features.
(e)
The general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings or structures in the district.
(f)
The appropriateness of the work proposed as it will preserve the architectural quality and nature of the district.
B.
The Planning Commission shall review all plans for commercial uses submitted to it and shall submit these plans, together with any recommended conditions for the issuance of a permit, to the Zoning Officer.
[Amended 3-28-2013 by Ord. No. 925]
C.
(Reserved)
D.
As a guide for recommendations by the Planning Commission on any commercial plan, the following provisions shall be considered:
(1)
That the plan is consistent with the Comprehensive Plan for the orderly development of the Township with the purpose of this chapter to promote the health, safety, morals and the general welfare of the Township.
(2)
That the appropriate use of the properties adjacent to the area included in the plan will be safeguarded.
(3)
That the development will consist of a harmonious grouping of buildings, service and parking area circulation and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient and convenient commercial site.
(5)
That there is adequate provision made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.
(6)
That provision is made for safe and efficient ingress and egress to and from public streets and highways serving the site without undue congestion to or interference with normal traffic flow, including pedestrian traffic, within the Township.
(8)
That all buildings within the development shall be served by a central sanitary sewage disposal system.
(9)
That, if the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this chapter shall be fully complied with by the development or completion of any stage.
§ 116-104 Use regulations.
A.
CR-H Commercial Retail-High. In a CR-H Commercial District, a building may be erected or used and a lot may be used or acquired for the following purposes:
(1)
Sale at retail of any of the following: dry goods, variety and general merchandise, clothing, food, beverages, flowers, pharmaceuticals, household supplies or furniture, sale or repair of jewelry, watches, clocks, optical goods, musical, professional or scientific instruments.
(2)
Barbershops, hairdressers, tailor shops, laundry and dry-cleaning pickup station, self-service automatic laundry, dry cleaning and other similar shops providing personal services.
(3)
Bank or financial institution, telephone exchange, public utility office, business office, or the following professional offices: architect, chiropractor, dentist, osteopath, podiatrist, physician, professional engineer, certified public accountant, attorney.
(4)
Buildings for municipal use, police or fire protection.
(5)
Bakery or confectionery, for the production of articles to be sold at retail on the premises, provided that all baking or processing on the premises shall be only incidental or accessory to the retail sale outlet which shall be the principal use.
(6)
The following additional uses when authorized by a special exception:
(a)
Restaurants, tearoom, cafe, taproom, confectionery or similar establishment serving food or beverage within the building on the premises, but excluding establishments that permit eating and drinking on the premises outside of the building.
(b)
Any use permitted in Institutional District.
[Added 10-21-1982 by Ord. No. 442]
(c)
Clubs, fraternities, lodges, residential clubs, boardinghouses and rooming houses.
[Added 2-14-1985 by Ord. No. 505]
(d)
Cabarets.
[Added 10-24-1985 by Ord. No. 522]
(7)
A commuter rail station (CRS), when authorized by the Board of Supervisors as a conditional use. The Board of Supervisors may grant approval for a CRS, provided that the following conditions are satisfied:
[Added 1-25-2001 by Ord. No. 734]
(a)
The CRS shall be located at a passenger train stop, authorized by the local passenger rail authority or such entity authorized to provide passenger train service.
(b)
If more than one parcel comprises the CRS, the parcels shall be contiguous, adjoining or functionally related by pedestrian or vehicular access as demonstrated through the plan submitted by the applicant.
(c)
The combined areas of the parcels of land, on both sides of the track, shall not be less than four acres.
(d)
The application for development shall be accompanied by a plan or plans, which shall comply with all requirements of Chapter 105, Subdivision and Land Development, and Chapter 116, Zoning, of the Whitemarsh Township Code and any other applicable ordinances and/or chapters of the Whitemarsh Township Code. The plan or plans shall clearly designate the proposed use of each area of the parcel(s).
(e)
The parcel(s) of land shall be in single ownership and shall be developed in accordance with the plan or plans.
(f)
When a commuter rail station is permitted as a conditional use, the following regulations shall apply:
[1]
Parking stall dimensions may be nine feet wide by 18 feet long.
[2]
All yard setbacks shall be no less than 20 feet. When adjacent to a residential use, the Board of Supervisors may require buffering in accordance with Chapter 105, the Subdivision and Land Development Regulations of the Whitemarsh Township Code. Any such buffering shall have a maximum width of 20 feet and shall be located within required yard areas.
[3]
A maximum of 30 parking spaces may be placed in a row and a maximum of 45 parking spaces may be placed together in any parking area. A curved planter island, not less than nine feet in width, shall be located at the end of each parking row. Opposing rows of parking spaces are permitted without any landscaping or paved separation.
(8)
Sales of consumer fireworks shall be permitted by conditional use, subject to compliance with the Pennsylvania Fireworks Law and the following regulations.
[Added 10-25-2018 by Ord. No. 989]
(a)
Such use shall not be located within 1,500 feet of any premises selling alcohol, malt or brewed beverages for consumption on or off premises.
(b)
Such use shall not be located within 1,500 feet of any local or state park, school or child day-care facility, recreational establishment, house of worship, dwelling, hospital, group home or nursing home.
(c)
No sales shall be made to minors.
(d)
Any structure containing quantities of consumer fireworks exceeding 50 pounds shall be located no closer than 150 feet to any building, state highway, railway, local street or alley, waterway, or utility right-of-way, including, but not limited to, a natural gas line.
(e)
Such use shall not be located within 1,500 feet of any premises selling firearms.
(f)
Hours of operation shall be confined to the hours of 9:00 a.m. to 7:00 p.m.
(g)
All sales of consumer fireworks shall be conducted only within a facility approved by the Pennsylvania Department of Agriculture, pursuant to the Pennsylvania Fireworks Law, such facility being exclusively dedicated to the storage and sale of consumer fireworks and related items.
(h)
The operator of the facility shall provide security thereon, 24 hours per day/seven days per week.
(i)
All plans for construction, use or renovation of an existing building for the purposes of selling consumer fireworks shall be reviewed by a Township code enforcement officer for compliance with all required firesafety codes, including, but not limited to, the International Fire Code, and such review comments and/or report shall be submitted to the Township-designated fire company.
(j)
If the facility in which the sale of consumer fireworks is conducted is a temporary structure, the facility shall comply with the following regulations, in addition to the other regulations set forth in Subsection A(8)(a)-(h):
[2]
The sales period shall be limited to June 15 through July 8 and December 21 through January 2 of each year.
[3]
The temporary structure shall be in use for a period of 20 consecutive calendar days or less.
[4]
The area of the temporary structure shall not exceed 2,500 square feet.
[5]
Written consent from the property owner must be submitted to the Township by any person or company proposing to sell consumer fireworks from a temporary structure that does not own the property on which sales are to occur.
[6]
Parking shall be made available in the amount of one space for each person involved in the sale of consumer fireworks, plus a minimum of three additional spaces. For shared parking arrangements, the person or company proposing to operate a temporary structure must provide proof of written consent from the property owner or his/her designee to share the required number of parking spaces.
[7]
The temporary structure shall be located no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable products.
[8]
The temporary structure shall be located one of the following distances from a permanent facility licensed to sell consumer fireworks under the Act of May 15, 1939 (P.L. 134, No. 65), at the time of the effective date of this article:
[9]
A minimum of two ABC five-pound fire extinguishers must be kept on site at all times.
[10]
Consumer fireworks not on display for retail sale shall be stored in an outdoor storage unit, permitted as an accessory use to the sale of consumer fireworks, and shall be separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.
[11]
No live displays may occur on site.
[12]
All signage must be stored within the temporary structure when sales are not occurring.
[13]
Exit signs must be visible inside the temporary structure, and an evacuation plan shall be posted in a conspicuous location in accordance with NFPA 1124.
[14]
Any lighting shall be directed toward the temporary structure, and no glare shall extend off site or onto adjacent roadways.
[15]
The temporary structure shall comply with NFPA 1124, as it relates to retail sales of consumer fireworks in temporary structures.
[16]
The temporary structure shall have a minimum of $2,000,000 in public and product liability insurance.
(k)
All permanent facilities shall comply with all other zoning requirements governing this district.
B.
CR-L Commercial Retail. In a CR-L Commercial District, a building may be erected or occupied for the following purposes:
(1)
Any use permitted in CR-H District.
(2)
Carpentry, cabinetmaking, furniture or upholstery shop, electrician shop, metalworking, blacksmith, tinsmith, plumbing and gas, steam or hot-water fitting shop, paint or paperhanger shop.
(3)
Funeral homes.
(4)
Laboratories.
(5)
A gasoline service station, when authorized as a special exception. A finding that the proposed gasoline service station is within 500 feet of a church, school, public library, public recreation area or other gasoline service station may alone support a conclusion by the Zoning Hearing Board that the proposed gasoline service station would be contrary to the general welfare of the community. Gasoline service stations authorized pursuant to this provision shall conform to the following additional requirements:
(a)
The doors giving access to the service areas or bays of the principal building shall be located to the rear or side of the main building so that, to the extent that it is reasonable, they shall not be visible from the street or streets upon which the site has frontage.
(b)
Parallel to and along the entire length of the streets upon which the site has frontage, with the exception of the driveway areas, a planted area of a minimum width of four feet shall be maintained.
(c)
No vehicles shall be parked within 60 feet of the street or streets upon which the site has frontage, although automobiles may stop in these areas at the service islands to receive gasoline, oil, water, and for minor servicing.
(6)
Any other lawful use in the category of retail or wholesale sales or customer service, when authorized as a special exception.
(7)
A commuter rail station (CRS), when authorized by the Board of Supervisors as a conditional use, as per § 116-104A(7) above.
[Added 1-25-2001 by Ord. No. 734]
§ 116-105 Special exceptions.
In considering the application for use under special exception in a CR Commercial Retail District, the Zoning Hearing Board shall without limitation determine that the use is in compliance with the following requirements:
A.
That the proposed use and plan is consistent with the Comprehensive Plan for the orderly development of the Township with the purpose of this chapter being to promote the health, safety, morals and the general welfare of the Township.
B.
That the appropriate use of the properties adjacent to the area included in the plan will be safeguarded.
C.
That the development will consist of a harmonious grouping of buildings, service and parking area, traffic circulation and open spaces and that it is planned as a single unit in such manner as to constitute a safe, convenient and efficient commercial site.
D.
That the proposed use will not create a traffic problem for either vehicular or pedestrian traffic.
E.
That adequate services of the same or similar nature are not presently available within the normal travel limits for such services.
F.
That all other Township requirements are adhered to.