Limerick Township City Zoning Code
ARTICLE IX
Supplemental Regulations
§ 184-69 Intent.
It is the intent of this article to establish clear standards for certain supplemental uses and activities that are authorized in various zoning districts and for other uses not specifically designated within one or more zoning districts. Where such uses or activities occur, they should comply strictly with the standards of this article, which have been created to address their particular impacts.
§ 184-70 Residential conversions.
The Zoning Hearing Board may allow as a special exception the conversion of a single-family detached dwelling into a dwelling for a greater number of families, subject to the following requirements:
B.
Each dwelling unit shall not have less than 500 square feet of floor area.
C.
The lot area per dwelling unit is not reduced thereby to an amount less than that required by this chapter for the district in which the designated lot is located.
D.
The yard and building area requirements for the district in which the building is located shall not be reduced.
E.
There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
F.
The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such building and may prescribe such further conditions and restrictions as the Board may consider appropriate.
G.
The off-street parking requirements of this chapter, or any other arrangements as deemed appropriate by the Zoning Hearing Board, are met.
H.
All applicable state and federal water and sewer requirements shall apply.
§ 184-71 Accessory and livestock uses.
[Amended 9-6-1994 by Ord. No. 165; 6-2-1998 by Ord. No. 196; 11-13-2008 by Ord. No. 301; 12-20-2011 by Ord. No. 327; 6-19-2012 by Ord. No. 330; 6-16-2015 by Ord. No. 360; 8-15-2017 by Ord. No. 379; 12-15-2020 by Ord. No. 404; 4-6-2021 by Ord. No. 405; 11-19-2024 by Ord. No. 432; 6-3-2025 by Ord. No. 434]
The following accessory uses shall be permitted, subject to the additional requirements herein:
A.
Uses accessory to agriculture.
(1)
Greenhouses.
(2)
Roadside stands for display and sale of farm products, in accordance with the following:
(a)
A minimum of 50% of the total products offered for sale shall have been produced by the operator of the market, by his/her relatives. A maximum of 1,500 square feet of building floor area shall be occupied by such use.
(b)
At least three off-street parking spaces shall be provided on the lot. Where building area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of building area.
(c)
Sale of farm products shall be conducted either from a temporary stand, dismantled at the end of the growing season, or from a permanent building, sited in compliance with all setback requirements for the zoning district in which it is located. Any temporary structure shall be set back at least 25 feet from the edge of the cartway of the adjacent road.
(d)
See sign provisions in § 184-92G(7).
(3)
Other agricultural buildings used for storage or preparation of products produced on the premises.
(4)
Keeping of livestock is permitted in conjunction with a principal agricultural use, provided that the following requirements are met:
(a)
No maximum number of animals shall apply if there is a ten-acre minimum lot area. If the lot area is less than 10 acres, then the requirements of § 184-71B(4) below shall also apply.
(b)
All feed lots and structures used for housing the animals shall be placed a minimum of 150 feet from any lot line of any other property, unless a written waiver is provided by all owners of record of such other property.
(e)
A grass strip at least eight feet wide should be provided between a field and any street cartway or shoulder.
(f)
New or expanded manure storage areas shall be set back the following minimum distances:
[1]
One hundred feet from a perennial stream, river, spring, lake, pond or reservoir.
[2]
One hundred feet from a private water well or an open sinkhole.
[3]
One hundred feet from an active public water drinking well or water source surface intake, unless a larger distance is required by federal or state regulation.
[4]
Two hundred feet from each property line, unless landowners within such distance execute a written waiver of the setback, or unless a wider setback is established by state regulations.
(g)
A person owning or having in his/her custody livestock or poultry shall maintain the livestock or poultry so as to minimize health or safety hazards and noxious odors to persons occupying other properties and to properly control rodents and vectors, except as this provision may be preempted by the State Right to Farm Act, the State Agricultural Security Areas Act or other applicable state law.
(h)
A person owning or having in his/her custody livestock or poultry shall not permit the animals to enter other property without advance permission from the owner or appropriate authority. Such lack of control of animals is hereby declared to be a nuisance and dangerous to the public health and safety.
B.
Uses accessory to dwellings.
(1)
Private garages, private parking spaces, barns, shelters for pets.
(2)
Noncommercial swimming pools or other recreational facilities.
(a)
All aboveground and in-ground pools as well as all filters, pumps and other mechanical equipment and associated pool decking shall conform to a ten-foot side yard setback and ten-foot rear yard setback.
(b)
Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjoining properties.
(c)
Fencing.
[1]
In-ground pools shall be completely enclosed by a fence or wall not less than four feet in height. If a fence is used, the vertical and horizontal interfaces shall be no more than two inches. All gates or doors shall be equipped with locks.
[2]
Aboveground pools four feet or higher need not be enclosed by a fence or wall, but the ladder serving the pool shall be locked in an inaccessible position at least four feet above the ground or removed and locked up elsewhere.
(3)
Private greenhouses and garden sheds.
(4)
Keeping of livestock or pets, not in conjunction with a principal agricultural use, shall meet the following requirements:
(a)
A person owning or having in his/her custody animals shall maintain them so as to minimize health or safety hazards and noxious odors to persons occupying other properties and to properly control rodents and vectors. Only animals that are domesticated and do not represent a known safety hazard to humans shall be permitted as pets. Intentional feeding of wild or feral animals, other than the placement of bird feeders, is not permitted.
(b)
A person owning or having in his/her custody animals shall not permit the animals to enter other property without advance permission from the owner.
(c)
A person shall register the maximum number of animals kept on a lot annually with the Zoning Officer. Acreage required to keep one classification of animals shall not be permitted to be reused to satisfy the acreage to keep another classification of animals. The following maximum numbers of animals shall be kept on a lot:
[1]
A minimum lot area of two acres shall be required to keep one cow, horse, pig, hog or similar-sized animal. One additional animal of such size may be kept for each acre of lot area in excess of two acres.
[2]
A minimum lot area of one acre shall be required to keep one sheep, goat or similar-sized animal. Three additional animals of such size may be kept for each acre of lot area in excess of one acre.
[3]
A minimum lot area of 10,000 square feet shall be required to keep poultry or similar-sized animals. A maximum of four such animals shall apply, except that an average of four such animals shall be permitted for each acre of lot area.
(d)
A maximum of six dogs, cats or similar domesticated small animals over the age of one year shall be permitted to be kept as accessory to a dwelling. A maximum of six rabbits or similar-sized animals shall be kept as accessory to a dwelling. A "kennel," as defined by § 184-10, shall only be allowed where specifically permitted by the applicable district regulations.
(e)
A pasture shall be setback 25 feet from the street line and 25 feet from any other lot line.
(f)
If manure stockpiles are utilized, they shall be setback 75 feet from the street line and 50 feet from all other lot lines. Additionally, manure stockpiles shall be located on the property in a manner that prevents runoff from the stockpile. All manure storage must comply with any applicable Pennsylvania Department of Environmental Protection (DEP) or Montgomery County Conservation District regulations.
(g)
In the event that any section, sentence, clause, phrase or word of § 184-71 is found to have violated the Pennsylvania Right-to-Farm Law or the Agricultural, Communities and Rural Environment Act, said section, sentence, clause, phrase or word is specifically null and void to the extent of said inconsistencies or conflicts, with all other provisions remaining in full force and effect.
(6)
Temporary unit for relative. A temporary dwelling unit may be established as accessory to a principal single-family dwelling unit if the following requirements are met:
(a)
The unit shall be totally enclosed within the principal building.
(b)
The principal dwelling unit shall be owner-occupied.
(c)
An internal connection shall be maintained as a means of access between the principal and accessory dwelling units, such as a stairway or corridor.
(d)
The owners shall file a written covenant in the Montgomery County Recorder of Deeds office that prohibits the use of the property as two or more dwelling units. The covenant must be approved by the Township Solicitor. It must run with the land and require the removal of cooking facilities in one of the dwelling units within six months after the dwelling unit is no longer occupied by a member of the owner's immediate family.
(e)
The applicant must agree to annually renew the permit by proving that the unit is still occupied by immediate family members of the owner and make the property available for Township inspection if requested.
(f)
If an on-lot septic system will be utilized, it shall be found adequate by the County Health Department for the expanded use.
(g)
Any exterior changes to the principal building to incorporate an attached accessory unit shall not decrease its appearance as a single-family detached dwelling as viewed from a street or another property.
(h)
Immediate family members are limited to parents, grandparents, children, grandchildren, sisters, brothers, aunts, uncles, stepparents and stepchildren.
(i)
Detached temporary dwellings are specifically prohibited.
(j)
Access to the temporary dwelling unit shall be through the principal dwelling unit unless the building code requires additional access.
C.
Setback requirements for detached buildings and structures accessory to dwellings.
(1)
Front yard:
(a)
For lots less than three acres, accessory buildings and/or structures shall not be permitted in the front yard (that minimum setback area where the principal building cannot be placed, as defined). An accessory structure shall not be located between the principal building and the street on the principal facade of the building (the side of the building that has the front door). (Note: For the setback line for an accessory structure of a house that sits on an angle facing the corner and not in line with either street, the principal facade line would be extended along the building line until it intersects the two front yard lines.)
(b)
For lot sizes of three acres or more, accessory buildings and/or structures shall not be permitted in the front yard (that minimum setback area where the principal building cannot be placed, as defined). If a structure is located between a principal building and the street as defined in Subsection C(1)(a) above, street trees shall be planted along the existing street in accordance with the requirements listed in § 155-27C unless it is determined by the Zoning Officer that the existing vegetation is sufficient.
(2)
Rear yard:
(a)
A detached structure that has a floor area less than 250 square feet, has a maximum height of 12 feet and is accessory to a dwelling shall have a minimum rear yard of five feet, if such rear yard is not adjacent to a street.
(b)
A detached structure that has a gross floor area of 1,200 square feet or less including interior vehicle parking and is accessory to a dwelling shall have a minimum rear yard of 10 feet, if such rear yard is not adjacent to a street.
(c)
A detached structure that has a gross floor area over 1,200 square feet including interior vehicular parking and is accessory to a dwelling shall have a minimum rear yard of 20 feet, if such rear yard is not adjacent to a street.
(3)
Side yard:
(a)
A detached structure that has a floor area less than 250 square feet, has a maximum height of 12 feet and is accessory to a dwelling shall have a minimum side yard of five feet, if such side yard is not adjacent to a street.
(b)
A detached structure that has a gross floor area of 1,200 square feet or less including interior vehicle parking and is accessory to a dwelling shall have a minimum side yard of 10 feet, if such side yard is not adjacent to a street.
(c)
A detached structure that has a gross floor area over 1,200 square feet including interior vehicular parking and is accessory to a dwelling shall have a minimum side yard of 20 feet, if such side yard is not adjacent to a street.
(4)
Setback between buildings: If an applicant proposes to have two accessory buildings that if added together in floor area would not comply with the setbacks of this section, then five-foot minimum setbacks shall apply between each such accessory building and between the principal and each accessory building.
(5)
Any accessory structure constructed to serve a home occupation shall be reviewed and approved under the standards of § 184-72.
(7)
Measurement. In measuring the floor area of accessory buildings, the square footage shall be those areas with a clear height of six feet or greater.
D.
Size limit for accessory buildings.
(1)
For lots less than three acres, any accessory building (with the exception of agricultural buildings) which exceeds 1,200 square feet in gross floor area including interior vehicular parking or 25 feet in height may be permitted by the Zoning Hearing Board as a special exception subject to the following standards:
(a)
The Zoning Hearing Board may impose additional setback requirements from property boundaries, in addition to the requirements of Subsection C above.
(b)
The visual impact of the building on neighboring properties shall be considered.
(c)
Compatibility of the building with the size and scale of surrounding buildings shall be considered.
(d)
The Zoning Hearing Board may place conditions on a special exception approval to ensure compatibility with neighboring properties, such as requiring additional landscaping or driveway and parking improvements.
(2)
For lot sizes of three acres or more, any accessory building (with the exception of agricultural buildings) which exceeds 3,000 square feet in gross floor area including interior vehicular parking or 25 feet in height may be permitted by the Zoning Hearing Board as a special exception subject to the following standards:
(a)
The Zoning Hearing Board may impose additional setback requirements from property boundaries, in addition to the requirements of Subsection C above.
(b)
The visual impact of the building on neighboring properties shall be considered.
(c)
Compatibility of the building with the size and scale of surrounding buildings shall be considered.
(d)
The Zoning Hearing Board may place conditions on a special exception approval to ensure compatibility with neighboring properties, such as requiring additional landscaping or driveway and parking improvements.
E.
Uses accessory to noncommercial recreational use. Customary recreation, refreshment and service uses and buildings in any noncommercial recreational area.
F.
Parking of commercial vehicles in residential districts.
(1)
Routine parking of not more than two commercially registered vehicles of no more than two axles which are used regularly or frequently for business purposes shall be permitted. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in a residential district.
(2)
Routine parking of one commercially registered vehicle of three or more axles which is used regularly or frequently for business purposes shall be permitted; more than one shall constitute a business operation and shall not be permitted in a residential district.
G.
Other accessory uses. Accessory uses other than those listed above may be permitted in compliance with the requirements for principal uses in the district in which they are located and which they are accessory to.
I.
Setbacks for fences, walls and other obstructions. For any fence, wall or other obstruction located in the front yard of a property or a property line which abuts a street or other public way, the following shall apply:
(1)
The fence or wall shall be located outside the ultimate roadway right-of-way.
(2)
No wall, fence or other obstruction shall be erected, allowed or maintained or exist which obscures the view of approaching traffic along street or at intersections.
(3)
On a corner lot, no fence, wall or other obstruction shall be erected or placed which obscures the view within a clear sight triangle in accordance with AASHTO A Policy on Geometric Design of Highways and Streets for intersection sight distance.
§ 184-72 Home occupations.
A.
Permitted and prohibited home occupation uses.
(1)
The following home occupations are permitted in any district, subject to the requirements in § 184-72B and all other applicable requirements of this chapter:
(a)
The professional office or studio of a teacher, artist, accountant, architect, landscape architect, minister, musician, engineer or practitioner of a similar character.
(b)
Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishing.
(d)
A family day-care home, as defined in this chapter, in compliance with the standards of § 184-72D(3) below.
(f)
Any office in which chattels or goods, wares or merchandise are not commercially created, exchanged, or sold on site. No outdoor storage is permitted as part of this use.
[Amended 6-2-1998 by Ord. No. 196; 6-16-2015 by Ord. No. 360]
(g)
Tutoring, limited to not more than two students at one time; tutoring of more than two students shall be considered a special exception, in accordance with § 184-72C below.
(h)
A fine arts studio in which only individual works of art are created.
(j)
A barbershop and beauty parlor, limited to not more than two clients at one time. More than two clients shall be considered a special exception, in accordance with § 184-72C below.[4]
[4]
Editor's Note: Former Subsection A(1)(k), pertaining to other comparable uses, was repealed 6-2-1998 by Ord. No. 196.
(k)
The professions of lawyer, doctor, and dentist.
[Added 6-16-2015 by Ord. No. 360]
(2)
Home occupations shall not include commercial businesses, hospitals, clinics, animal hospitals, restaurants or cafes, hotels, boardinghouses or any similar use.
B.
Home occupation regulations.
(1)
The office, studio or rooms used shall be located in the dwelling in which the practitioner resides, or in a building accessory thereto.
(2)
The exterior appearance of the dwelling must be maintained as a residence. No home occupation activities shall be visible from a public street or from any neighboring property. No goods shall be publicly displayed on the premises.
(3)
No more than two outside employees, assistants, helpers, subcontractors, etc., shall be permitted, unless authorized as a special exception by the Zoning Hearing Board, considering the size of the lot and the impacts upon nearby properties.
[Amended 6-2-1998 by Ord. No. 196]
(4)
Vehicular access improvements shall be provided by the practitioner when a use generates more traffic than would normally be expected for a residence, as determined by the Board of Supervisors with the advice of the Township Engineer.
(5)
When more than two outside employees are permitted by the Zoning Hearing Board and/or when customers, patients, clients, etc., will come to the property, the home occupation proposal and use shall comply with the applicable requirements of Chapter 155, Subdivision and Land Development.
(6)
When more than two outside employees are permitted by the Zoning Hearing Board, one additional off-street parking space shall be provided for each employee, outside of the front yard area of the property.
(7)
When customers, patients, clients, etc., will come to the property, one additional off-street parking space shall be provided for each 300 square feet of gross floor area devoted to the home occupation.
(8)
One sign meeting the requirements for nameplates and identification signs of § 184-92A herein shall be permitted for any home occupation.
C.
Special exception home occupations. The following home occupations shall be permitted only as special exceptions subject to the requirements of Subsection D below:
D.
Standards for special exceptions. All special exception home occupations shall be granted or denied by the Zoning Hearing Board in accordance with § 184-43 herein and the following standards:
(1)
All special exception home occupations must comply with the standards of § 184-72B herein, except as specified below.
(3)
Family day-care homes and group day-care homes shall comply with the following standards:
(a)
The owner must be registered with the Pennsylvania Department of Public Welfare (DPW) and must demonstrate compliance with all DPW regulations for such homes.
(b)
The requisite outdoor play area shall be surrounded by a safety fence or natural barrier impenetrable by children or small animals.
(c)
Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(d)
One additional off-street parking space shall be provided per nonresident employee and one safe passenger unloading space measuring at least 10 by 20 feet shall be provided.
(4)
Adult day-care homes.
(a)
Adult day-care homes shall meet the applicable standards of the Department of Aging and all other state and Township ordinances.
(b)
One additional off-street parking space shall be provided per nonresident employee and one safe passenger unloading space measuring at least 10 by 20 feet shall be provided.
§ 184-73 Day-care centers and related facilities.
[Amended 6-2-1998 by Ord. No. 196; 6-3-2025 by Ord. No. 434]
Child day-care centers, private nursery schools and kindergartens and adult day-care centers, as defined herein, are allowed as a conditional use in any district, except where permitted by right. All such uses, whether by right or conditional, shall demonstrate compliance with the following requirements:
A.
Child day-care centers, nursery schools and kindergartens.
(1)
The operator must be registered with the Pennsylvania Department of Human Service (DHS) and must demonstrate compliance with all DHS regulations for such homes.
(2)
One off-street parking space shall be provided for each employee and one safe passenger unloading space measuring 10 by 20 feet for each 10 children that the center is licensed to accommodate.
(3)
When an off-premises play area is utilized, it must be located within 500 feet and be safely accessible without crossing at grade any arterial street or other hazardous area.
(4)
The requisite outdoor play area shall be surrounded by a safety fence or natural barrier impenetrable by children or small animals.
(5)
Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(6)
No portion of the outdoor play area shall be located less than 100 feet from an existing occupied dwelling without the owner's written consent.
(7)
Any sign shall comply with the regulations applicable to the district in which the center is located.
(8)
In any residential district, no day-care center in a freestanding building shall be located within 500 feet of any other freestanding day-care center, private nursery or kindergarten. Day-care centers in schools or places of worship are exempt from this requirement.
B.
Adult day-care centers.
(1)
Adult day-care centers must be registered with the Pennsylvania Department of Aging and must demonstrate compliance with all applicable regulations for such facilities.
(2)
One off-street parking space shall be provided for each employee and one safe passenger unloading space measuring 10 by 20 feet for each 10 clients the center is licensed to accommodate.
(3)
Any sign shall comply with the regulations applicable to the district in which the center is located.
§ 184-74 Bed-and-breakfast facilities.
Bed-and-breakfast facilities, as defined in this chapter, may be permitted as a special exception in any residential district, as determined by the Zoning Hearing Board in accordance with the standards of § 184-43 herein and the following additional standards. Where permitted by right, bed-and-breakfast facilities shall also comply with the following standards:
A.
A bed-and-breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings.
B.
The principal use of the property shall remain that of a single-family residential dwelling.
C.
No more than seven guest rooms may be offered on any individual residential property.
D.
One full bathroom (one toilet, wash basin, bath and/or shower) shall be provided for each three guest rooms.
E.
The length of stay for any guest shall be not more than seven uninterrupted days.
F.
Meals shall consist of breakfast only, and only for guests of the establishment. Owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
G.
Any amenities (swimming pool, tennis court, etc.) shall be solely for the use of the resident owner and occupants of the facility.
H.
The owner shall maintain a current guest register.
I.
Area and dimensional standards shall be those that apply to a single-family detached dwelling within the applicable zoning district.
J.
One additional on-site parking space shall be provided per guest room and shall not be located in the required front yard area.
K.
Any sign shall meet the requirements of § 184-92A herein for residential nameplates and identification signs.
L.
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Township Fire Code.[1] Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
M.
If the bed-and-breakfast facility is to be served by an on-site sewage system, the owner must obtain written approval from the Township's Sewage Enforcement Officer concerning the adequacy of the on-site system to serve the increased demand resulting from the facility.
N.
A bed-and-breakfast facility shall only be permitted in a building that existed prior to 1940, although additions to such building may be made.
[Added 6-2-1998 by Ord. No. 196]
§ 184-75 Kennels.
Kennels, as defined in this chapter, are permitted as a special exception in the R-1 District and in all nonresidential districts, except where permitted by right, as determined by the Zoning Hearing Board in accordance with § 184-43 herein and the following additional standards:
§ 184-76 Adult uses.
Adult uses may be permitted as a special exception in the Heavy Industrial District in accordance with § 184-43 herein and the following standards:
A.
No adult use shall be permitted to be located within 500 feet of an existing residence, residential district, place of worship, school or school property line, playground, park or any other adult use.
[Amended 6-2-1998 by Ord. No. 196]
B.
No adult use shall be considered to be a permissible change of use, in conformance with Article VII, Nonconforming Status Properties, unless the subject property is located in a district where adult uses are permitted and can be shown to comply with the regulations, standards and criteria of this section.
C.
Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article XII herein.
D.
If any portion of a use meets the definition of adult use, then that portion must comply with the requirements of this section.
E.
The use shall not operate between the hours of 12:00 midnight and 8:00 a.m.
[Added 6-2-1998 by Ord. No. 196]
F.
The application for the use shall list the full legal names and addresses of all owners of the use and all shareholders of any company that owns the use, in addition to the full legal name, address and day and evening telephone numbers of an on-site manager.
[Added 6-2-1998 by Ord. No. 196]
§ 184-76.1 Group homes.
[Added 6-2-1998 by Ord. No. 196]
Group homes are permitted within a lawful dwelling unit, provided that the following additional requirements are met:
B.
A group home shall not include any use meeting the definition of a treatment center.
D.
The facility shall have adequate staff supervision for the number and type of residents.
E.
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
F.
The group home shall register, in writing, its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
G.
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons per day.
H.
A minimum of one off-street parking space shall be provided per on-site employee, plus one space for every two residents of a type reasonably expected to be able to drive a vehicle.
I.
If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
§ 184-76.2 Treatment centers.
[Added 6-2-1998 by Ord. No. 196]
B.
The applicant shall provide a written description of all types of persons intended to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception approval.
C.
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.
D.
The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
§ 184-76.3 Drive-through restaurants.
[Added 4-6-1999 by Ord. No. 202; amended 12-20-2011 by Ord. No. 327; 9-4-2012 by Ord. No. 334]
A.
Drive-through restaurants will be only permitted in the MS Main Street District; the Highway Commercial District Class II and Class III; the Retail Business District; and the LLI Interchange Overlay District. Drive-through restaurants will not be permitted in any other district.
[Amended 8-15-2017 by Ord. No. 379]
B.
Drive-through restaurants must meet the following standards:
(1)
A minimum stacking area for eight cars shall be provided, including the space at the pickup window.
(3)
Additional parking spaces will be required at a minimum of one parking space for 100 square feet of gross floor area.
(4)
Drive-through restaurants must meet all of the other requirements of the district in which they are located.
(5)
If a drive-through is located within 300 feet of the ultimate right-of-way of Ridge Pike and located in the MS Main Street District then all drive-through windows shall be located on a side and/or rear building wall that does not have frontage on Ridge Pike.
§ 184-76.4 Mining uses and mining operations.
[Added 4-22-2014 by Ord. No. 348]
Mining, as defined in Article II, § 184-10, shall be permitted in the HI Heavy Industrial District, subject to the following regulations and requirements:
A.
Setbacks. Buildings and the outward edge which is part of any mining operation within the Township shall be set back from property lines and road frontages as follows:
[Amended 8-15-2017 by Ord. No. 379]
B.
Hours of operation. No mining operations conducted in the Township shall commence operations of any machinery utilized in the mining business, including motorized vehicles engaged in the business, until 7:00 a.m., and all such operations shall cease by 5:00 p.m., prevailing time, Monday through Friday only.
C.
Exterior storage. Any exterior storage of mining product or byproduct shall comply with all recognized fire standards and safety standards and shall be screened from view with the planting of an appropriate evergreen screen.
D.
Deliveries or transport to and from the site. No deliveries to the location or transportation of product or byproduct of the mining operation shall be conducted except between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, Monday through Friday only.
E.
External illumination. Any external illumination to be placed on the site as part of or to assist in the mining operation shall be shielded from direct visual observation on any adjoining property or along any adjacent roadway.
§ 184-76.5 Forestry.
[Added 6-16-2015 by Ord. No. 360]
To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as defined in Article II, § 184-10, as a sound and economically viable use of forested land throughout the Township, forestry activities, including, but not limited to, timber harvesting, shall be a permitted use by right in all zoning districts, subject to the following regulations and requirements:
A.
Hours of operation. No forestry operations conducted in the Township shall commence operations of any machinery utilized in the forestry business, including motorized vehicles engaged in the business, outside the permitted hours in accordance with Limerick Township Chapter 72, Construction Activities.
B.
All outside agency approvals shall be obtained prior to commencing of forestry activities.
§ 184-76.6 Convenience store.
[Added 7-18-2023 by Ord. No. 423]
Convenience store, as defined herein, is permitted as per the specified zoning district standards. All such uses, whether by right or conditional, shall demonstrate compliance with the following requirements:
A.
Definition. "Convenience store" is "specialized retail" and shall include terms "convenience retail" and "retail sales with gas station." A convenience store may include gasoline service station or electric vehicle charging facilities, a restaurant or tavern with or without seating or with or without a drive-through.
B.
Parking calculations for a convenience store shall include the following matrix:
(1)
Parking shall be provided for eight spaces per 1,000 square feet of gross floor area, exclusive of parking at gasoline dispensers and electric vehicle charging stalls.
(2)
Drive-through stacking shall be calculated as provided in § 184-76.3B(1), Drive-through restaurants.
[Amended 6-18-2024 by Ord. No. 429]
(3)
Designated curb side pickup areas may be included in parking requirements provided they do not exceed 25% of the parking stalls immediately adjacent to the building.
(a)
Curbside pick-up areas in excess of 25% of the parking stalls immediately adjacent to the building shall be permitted when provided in addition to the required parking in § 184-76.6B(1).
(4)
The site shall provide minimum of four parking stalls of a dimension of 14 feet by 50 feet for parking of oversized vehicle.
C.
The plan shall provide a dedicated loading/unloading area which does not restrict access to parking facilities or obstruct internal circulation throughout the site.
§ 184-76.7 Data center standards.
[Added 11-12-2024 by Ord. No. 431]
A.
Data centers shall be permitted by conditional use in the LLI Limited Light Industrial District when approved in compliance with the procedures, standards, and criteria contained herein.
B.
Conditional use requirements.
(2)
Public central water and sewer facilities shall be provided. If existing public capacity is insufficient, it shall be demonstrated compliance with § 184-55 to augment the public central water and sewer facilities.
(3)
The tract or assemblage of adjacent parcels developed as a unified development must have direct access to an arterial or a collector street. Tracts divided by a public roadway or land owned by a public utility but owned in common or otherwise developed as a unified development are deemed to be contiguous for the purpose of all area and land mass calculation.
(4)
Woodland standards.
(a)
The provisions of § 184-81D do not apply and up to 100% of the woodlands is permitted to be cleared or developed if the following conditions are met:
[1]
The first 50% of the woodlands on the tract or assemblage of adjacent parcels developed as a unified development can be cleared or developed.
[2]
The total caliper of the portion of disturbed woodlands in excess of the first 50% shall be replaced. For example, the removal of one twelve-inch caliper tree could be replaced with three four-inch replacement trees.
(5)
It shall be demonstrated that there is an adequate second means of ingress and egress suitable for emergency access to the site.
(6)
Dimensional standards shall be in accordance with § 184-170, Dimensional standards of the HI Heavy Industrial District, Class One category with the following exceptions:
(a)
Maximum floor area ratio standard is not applicable.
(b)
Building setbacks (feet) shall be 50 feet or the height of the building, whichever is greater, from an ultimate right-of-way and shall be 30 feet or the height of the building, whichever is greater, from any other lot line. Parking, loading and driveway setbacks (feet) shall be 30 feet from an ultimate right-of-way and 15 feet from any other lot line.
[1]
Except the minimum building setback and minimum loading, truck parking, and truck idling setbacks shall be 400 feet from a residential district or existing occupied residential uses.
[2]
In the alternative, the minimum building setback and minimum loading, truck parking, and truck idling setbacks are permitted to be 200 feet from a residential district or existing occupied residential uses provided it is demonstrated through the required sound studies prepared in accordance with the noise standards of § 184-83B(4) that the use does not exceed the sound limits or the installation of one or more sound reducing materials or systems effectively reduced the sound to the aforesaid sound limits.
(c)
Maximum building height (feet) for a building housing a data center shall be 120 feet.
(d)
Maximum building height (feet) for all other buildings shall be in accordance with the height standards set forth in the underlying district(s) in which the tax parcel is situated.
(7)
Development standards for a data center shall be in accordance with § 184-171, development standards of the HI Heavy Industrial District, with the following additions:
(b)
Environmental impacts associated with a data center shall be mitigated by demonstrating compliance with the industrial standards of § 184-83.
(c)
Wireless telecommunications facilities as accessory to the data center shall be in accordance with Article XXXIV.
(d)
Data center accessory uses shall comply with principal building setback standards.
(8)
The provisions and requirements of this data center standard shall be additional and supplemental to the underlying HI Heavy Industrial Zoning District standard; where data center standard provisions differ from the HI Heavy Industrial Zoning District standard provisions, and if a tract is proposed to be developed as a data center, the data center standard provisions and requirements shall control.