ARTICLE XI-COM COMMERCIAL DISTRICT [Amended 6-18-1991 by Ord. No .1991-6 ; 4-21-1993 by Ord. No.1993-4]
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§ 100-74. Permitted uses.
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In the COM Commercial District, no lot or structure shall have as a principal use and no structure shall be located, relocated erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the followingA Retail sales of goods and services, provided that all goods shall be stored or services shall be performed within a building or buildings, except that services may be performed off the premises of said lot | |||||||
B. Restaurants, bars, taverns
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C.Banks, including drive-in facilities
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D.Business and professional offices.
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E.Theaters and indoor and outdoor commercial recreation areas and facilities
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F.Agricultural or garden centers
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G.Bed-and-breakfast inns
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H.Churches, community centers, buildings used exclusively by federal, state, county and local government for public purposes, clubs, lodges and meeting rooms of nonprofit organizations
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I.The following conditional uses
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(1) Gasoline service stations, provided that
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(a) All fuel tanks shall be placed underground.
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(b) All pumps, lifts and other service facilities shall be located no closer than thirty-five (35) feet to any lot or street line
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(c) No vehicle shall be stored in the open, except those awaiting minor repairs, and then only for a period not to exceed ten (10) business days
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(d) All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building
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(e) Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles No accessway shall exceed thirty-five (35) feet in width nor be less than fifteen (15) feet in width
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(f) Access to the street shall be physically controlled by a concrete curbing at least eight (8) inches in height.
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(g) One (1) off-street parking space shall be provided for each full- and part-time employee at maximum shift, plus four (4) additional such spaces for each service bay
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(h) Gasoline service stations shall otherwise comply with the regulations for the COM District
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(2) Drive-in food stands, provided that
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(a) One (1) off-street parking space shall be provided for each full- and part-time employee at maximum shift, plus one (1) additional such space at the rate of twenty (20) such spaces per acre of gross site area
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(b) Drive-in food stands shall otherwise comply with the regulations for the COM District
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§ 100-75. Permitted accessory uses.
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Customary accessory uses and structures to any of the uses described in § 100-74 are permitted, excluding the followingA On-site burning or other on-site disposal of refuse | |||||||
B.Temporary or permanent outdoor storage of goods or products, except in conjunction with a principal use permitted by § 100-74F
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§ 100-76. Lot area.
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A.minimum lot area of five (5) acres shall be required
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§ 100-77. Lot frontage.
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A.minimum frontage on a street of not less than two hundred (200) feet shall be required
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§ 100-78. Setbacks.
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No building or part of a building shall be closer than one hundred (100) feet to the nearest street center line. | |||||||
§ 100-79. Lot depth.
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A.minimum lot depth of two hundred fifty (250) feet shall be required.
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§ 100-80. Yards.
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The following front, side and rear yards shall be provided on each lot, which yards shall not include or be used for parking (except as stated below), buildings, loading or storageA. Front yard. Front yards shall be at least fifty (50) feet in depth, except that where off-street parking is provided in the front yard, they shall be at least seventy-five (75) feet in depth. | |||||||
B. Side yard. Side yards abutting on a residential district shall be at least seventy-five (75) feet in depth. Other side yards shall be at least twenty-five (25) feet in depth. Buildings shall be at least twenty (20) feet apart, except where two (2) or more adjacent properties in separate ownership are submitted simultaneously for site plan review, in which case buildings may be built to the interior side lines in order to be attached. Proper legal documentation shall be filed showing necessary rights-of-way or easements across the adjacent lots.
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C. Rear yard. Rear yards abutting on a residential district shall be at least seventy-five (75) feet in depth. All other rear yards shall be at least twenty-five (25) feet in depth.
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§100-81. Height, coverage, floor area ratio, water budget.
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A. Height. No structure shall exceed two and one-half (21/2) stories and thirty-five (35) feet in height.
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B. Coverage. Not more than six and one-half percent (6 1/2%) of the lot area shall be covered by structures. Not more than thirty percent (30%) of the lot area shall be covered by structures and paved surfaces
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C. Floor area ratio. A floor area ratio of six and one-half percent (6 1/2%) shall be the aggregate permitted maximum floor area of all structures on the lot.
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D.Water budget. The foregoing standards in this section shall not supersede the maximum level of development permissible on the lot based on the water supply considerations using the criteria set forth in § 100-90B below
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§ 100-82. Corner lots.
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A. A minimum. lot depth of two hundred fifty (250) feet from one (1) street line shall be required for all corner lots.
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B. All street lot lines shall be construed to be front lot lines.
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C. All corner lot lines that are not street lines shall be construed to be side lot lines.
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§100-83. Existing lots of record. [Amended 6-1-1993 by Ord. No.1993-7]
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Lots of record in the COM Commercial District existing on March 1, 1993, which do not meet the minimum lot area or dimensional requirements set forth for lots in said District, and which cannot be rendered conforming by merger with adjoining lands in common ownership, shall be permitted to be developed, redeveloped or improved with the uses permitted at § 100-74 in accordance with the following requirements. | |||||||
A. The front, side and rear yards can be reduced in the same proportion as the area of the lot bears to the minimum lot area otherwise established for lots in the COM Commercial District, so long as the building height, coverage and floor area ratio requirements for lots in the COM Commercial District are not violated, and so long as no side or rear yard is less than twenty (20) feet and no front yard is less than twenty-five (25) feet.
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B.All other requirements of the COM Commercial District are met, including the requirements pertaining to water supply set forth in § 100-90B below
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§ 100-84. Access and traffic control.
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In order to facilitate efficient traffic circulation within the lot and to prevent traffic congestion, access and traffic control shall be provided in the following manner | |||||||
A.No more than two (2) accessways per lot shall be permitted
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B.Each accessway shall be not less than fifteen (15) feet in width for one-way traffic, and not less than twenty (20) feet nor greater than thirty-five (35) feet in width for two-way traffic
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C.All accessways shall be paved with an asphaltic or concrete material so as to be hard surfaced, dust free, well drained and safe for ingress and egress of motor vehicles
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D.Curb cuts shall not exceed fifty (50) feet in width
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E.No accessway shall be closer than twenty (20) feet to another accessway or side lot line, or closer than one hundred fifty (150) feet to any intersection of street lines
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F. Speed change lanes (acceleration and deceleration) may be required by the approving authority when, in the judgment of the Township Engineer, sufficient vehicular volume is generated by the establishment, and traffic flow volume and patterns on the primary access street justify such requirement
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G. Access to the street shall be physically separated by a curb, planting strip or other suitable barrier against unchanneled traffic.
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H. All two-way accessways shall have appropriate lane markings and directional indicators
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I.Lighting facilities shall be installed to light accessways adequately and shall be installed so as to reflect light downward and away from any adjoining lots and from any street
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J.Traffic-directing signs may be required by the approving authority where large traffic volumes could create congestion and unsafe conditions
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K.The use of common accessways by two (2) or more permitted uses shall be encouraged to reduce the number and closeness of access points along public streets
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L.Conforming corner lots shall be allowed two (2) accessways per street, provided that adequate means of discouraging through traffic are employed
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§100-85. Parking regulations.
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A.The minimum number of required off-street parking spaces per establishment (except for gasoline service stations and drive-in food stands, whose requirements are set forth in § 100-741) shall be as follows
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(1) One (1) such space for each full- and part-time employee at maximum shift of all establishments, in addition to the spaces required by the following requirements
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(2) Retail sales establishments and banks shall provide one (1) additional such space for each two hundred (200) square feet of floor area of such establishment
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(3) Business and professional offices shall provide one (1) additional such space for each two hundred fifty (250) square feet of floor area of such establishment.
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(4) Restaurants, bars and taverns shall provide one (1) additional such space for each fifty (50) square feet of floor area or fraction thereof of such establishment, or one (1) additional such space for each two (2) seats, whichever is greater
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(5) Theaters and indoor or outdoor commercial recreation areas and facilities shall provide:
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(a) One (1) additional such space for each four (4) seats in theaters
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(b) Four (4) additional such spaces for each lane in a bowling alley
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(c) Three (3) additional such spaces for each court in tennis, racquetball and similar facilities
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(d) Two (2) additional such spaces for each hole in golf facilities (including miniature golf)
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(e) Six (6) additional such spaces for each one thousand (1,000) square feet of rink area of roller or ice skating rinks
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(f) Four and one-half (41/2) additional such spaces for each one thousand (1,000) square feet of sports clubs and health or fitness spas.
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(g) One (1) additional such space for each two (2) patrons capable of using any other such recreational area or facility at maximum possible capacity
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(6) One (1) additional such space for every three (3) seats, or three hundred (300) square feet of gross floor area or fraction thereof, whichever is greater, in the largest area of assembly, of all churches, community centers, buildings used exclusively by the government for public purposes, clubs, lodges and meeting rooms of nonprofit organizations
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B.Off-street parking spaces shall be located on the same lot as the use they are intended to serve
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§ 100-86. Landscaping and screening.
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The following regulations shall apply to all lots having a use permitted in § 100-74 | |||||||
A.Landscaping All areas not devoted to buildings or structures, parking, accessways, barriers, screening, loading or drives, streets or pedestrian walks shall be landscaped with grass, trees or shrubs
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B.Screening Lots in the COM District which adjoin or abut a residential district shall be permanently screened by a wall, fence, evergreen hedge or other suitable planting of a minimum height of four (4) feet to shield adjacent residential districts from parking lot illuminations, headlights, fumes, blowing papers, noise and dust, and to reduce the visual encroachment of nonresidential architecture, signs and activity on residential privacy and residential neighborhood character There shall be no signs or advertising permitted on the facades of screening visible from adjoining residential districts
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C.A minimum of fifteen percent (15%) of the area of all special flood hazard areas as designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be planted with a coverage of suitable trees or shrubs designed to prevent erosion in the event of flooding The remaining area within such floodplains shall be planted with grass or other suitable ground cover or left in a state of natural vegetation
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§ 100-87. Signs.
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Signs shall be permitted in the COM Commercial District under the following conditions | |||||||
A.Signs for permitted noncommercial uses, provided that such signs conform to the sign regulations for the R-2 Residential District
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B.Signs for permitted commercial establishments [meaning those with uses permitted by § 100-74A through F, H and I (1) and (2)], provided that such signs conform to the following regulations:
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(1) Signs shall advertise only the name of the establishment or products involved on the lot on which such signs are located.
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(2) Signs shall be stationary and shall not contain any visible moving or movable parts. Any lighting on a sign shall be continuous, indirect and installed in a manner that will prevent direct light from shining into any street or adjacent lot.
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(3) Signs shall be attached to the facades of buildings and then only to the street-facing facades, shall be permanently attached to the building and shall not project farther than six (6) inches from the building wall. The total area of all signs on any street-facing facade shall not exceed ten percent (10%) of the areas of the facade in question, or fifty (50) square feet. whichever is less, regardless of the number of signs or the number of establishments within the building. No more than one 1 sign shall be permitted for each establishment in the building, except that where a building has more than one (1) street-facing facade, an establishment having entrances from both street-racing facades may be permitted to have a sign on each street-facing facade on which it has an entrance, up to a maximum of two (2) such signs per establishment.
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(4) The following additional signs shall be permitted at gasoline service stations:
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(a) Directional signs or lettering displayed on the building wall over individual entrance doors or bays, consisting only of the words "washing.' "lubrication," repair," mechanic on duty" or other words closely similar in import, provided that there shall be not more than one (1 such sign over each entrance or bay, and the letters thereof shall not exceed twelve 12 inches in height. and such lettering shall be limited to one (1) line
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(b) Customary lettering or other insignia which are a structural part of, or attached to, a gasoline pump consisting only of the brand name of gasoline sold, lead warning signs. price indicators and signs required by law and not exceeding a total or three (3) square feet on each pump.
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(c) Canopy lettering, if a canopy exists. identifying he company or brand name or the insignia or emblem of the company or brand sold on the premises, provided that such lettering shall be permitted on two (2) sides of' the canopy only and shall not exceed a total area of twelve (12) square feet per side.
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