Lower Salford Township
City Zoning Code
City Zoning Code
ARTICLE XIIIB
MU Mixed-Use District
§ 164-70.21 Legislative intent.
In expansion of the community development objectives contained in Article II of this chapter and in support of the goals and recommendations of the 1990 Sumneytown Pike Corridor Study and Township Comprehensive Plan, it is the intent of this article to:
A.
Provide for a balanced, interrelated combination of offices, stores and residences in a setting with a distinctive community character that will encourage pedestrian circulation, manage automobile use, and promote day and evening, weekday and weekend activity.
B.
Encourage new, mixed-use development that complements the mixed-use character found in the Township's existing villages.
C.
Link future commercial growth with residential growth.
D.
Require a mix of housing types which will help promote a range of income levels, age groups and lifestyles within the Township.
E.
Limit the adverse impact of future commercial and office facilities on roads by controlling access and orienting this development towards the interior of the site.
F.
Limit the adverse impact of future commercial and office facilities on nearby residences and neighborhoods by requiring a mix of uses, minimizing the visual impact of parking areas and requiring buffer landscaping.
G.
Serve the need for community open space, such as trails, parks and central green spaces.
H.
Require a coordinated pedestrian path system to provide safe, efficient, pleasant and convenient pedestrian access from parking areas to and among various permitted uses and off-site destinations.
I.
Permit existing nonconforming industrial uses to continue to operate, provided that the potential negative impact of these uses on abutting residential properties is adequately mitigated to the satisfaction of the Board of Supervisors.
J.
Encourage the development of employment centers and retail services along the Route 63 corridor between Mainland and Harleysville as an alternative to highway commercial-type development.
K.
Foster proactive land planning in the provisions for corporate office campus use in the Township.
L.
Provide for usual and customary ancillary uses to support corporate offices such as a self-contained coffee shop, newsstand and employee day care.
§ 164-70.22 Permitted uses.
A lot may be used for one or more of the following uses, in compliance with the performance standards and dimensional standards contained in this article, and no other:
A.
In mixed-use developments, the following uses are permitted:
(3)
Apartments, provided that:
[Amended 5-7-2014 by Ord. No. 2014-5]
(a)
There are no more than six apartments in one building above a nonresidential use.
(b)
All apartments are located in a mixed-use building above a nonresidential use, except that apartments may be located on the first floor of a mixed-use building to provide apartments that are compliant with the Americans with Disabilities Act ("ADA"). No more than eight apartments, including ADA-compliant apartments, shall be located in any mixed-use building.
(c)
Apartment entrances and outdoor living areas are screened and buffered from nonresidential loading and service areas.
(4)
Retail commercial. Shops and stores selling commodities and goods to the end user and not intended for wholesale sale.
(5)
Service businesses, including barbers, hairdressers, beauticians, laundry and dry cleaning, shoe repair, tailors, photographers, travel agents, photocopy centers and similar service uses.
(6)
Restaurants.
(7)
Hotels, motels and bed-and-breakfast establishments.
(8)
Offices, including medical, business, professional and government offices.
(9)
Banks, savings-and-loan associations, and credit unions.
[Amended 2-7-2024 by Ord. No. 2024-01]
(10)
Day-care centers.
(11)
Educational, religious or philanthropic uses; however, correctional or penal institutions and cemeteries are explicitly excepted.
(12)
Civic uses, municipal offices, community centers and post offices.
(13)
Dispensary facility, subject to each of the following specific requirements:
[Added 2-2-2022 by Ord. No. 2022-01]
(a)
Except as modified herein and subject to the requirements of the Medical Marijuana Act and the regulations and requirements promulgated under Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time, the dispensary facility shall comply with the dimensional requirements applicable in the Mixed-Use District.
(b)
The dispensary shall provide a permit issued by the Commonwealth of Pennsylvania Department of Health or proof that a permit has been sought and is pending approval, and shall at all times maintain a valid, accurate and up-to-date permit from the Commonwealth of Pennsylvania Department of Health for the operation of the dispensary facility. Should such permit, or renewal thereof, be denied, suspended or revoked at any time, any Township approval of the dispensary facility shall become void.
(c)
The dispensary and the dispensary facility shall comply with all applicable standards, rules, regulations and requirements of the Commonwealth of Pennsylvania Department of Health and the Commonwealth of Pennsylvania, including, without limitation, the Medical Marijuana Act and Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time.
(d)
No dispensary facility shall be located within 1,000 feet in any direction of the property line of any public, private or parochial school, day-care center or family day-care home.
(f)
Off-street parking shall be provided in accordance with Article XVI, Off-Street Parking and Loading.
(g)
To the extent that there is any conflict between this Chapter 164 and the provisions of the Medical Marijuana Act or the regulations and requirements promulgated under Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time, the dispensary and dispensary facility shall comply with the more restrictive provision.
(h)
No wall of a dispensary facility shall be closer than 1,000 feet from a wall of the nearest dispensary facility.
(i)
Drive-through services are prohibited.
B.
Single-family detached development in accordance with the R-3 Medium-Density Residence District on tracts of less than 20 acres in size, existing as of the date of adoption of this article.
C.
Agricultural.
§ 164-70.23 Conditional uses.
The following uses may be permitted by the Board of Supervisors as conditional uses in accordance with the standards outlined below and in § 164-25 of this chapter:
A.
Single-family detached development in accordance with the R-3 Medium-Density Residence District if the applicant can demonstrate that it is not feasible to develop the property under the MU Mixed-Use District standards.
B.
Expansion of existing nonconforming light industry use, warehouse use and contractor's yard, in accordance with the requirements of § 164-70.29, provided that such use existed at the time of adoption of this article.
C.
Corporate office as part of a mixed-use development, and such usual and customary ancillary uses contained within the corporate office, including but not limited to a self-contained coffee shop, newsstand and employee day care.
D.
Parking structure accessory to an approved corporate office.
E.
Gasoline fueling facility only in conjunction with a convenience retail establishment. The following shall apply to all such gasoline fueling facilities:
(1)
The service and repair of automobiles is prohibited.
(2)
Canopy lighting at a gasoline fueling facility shall be by flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be level with or below the light source.
(3)
The level of illumination projected onto a residential use from another property shall not exceed 0.1 initial horizontal footcandle, at the property line.
(4)
The level of illumination projected onto a nonresidential use shall not exceed 1.0 initial horizontal footcandle, at the property line.
(5)
Vegetation screens shall not be employed to serve as the primary means for controlling glare.
F.
Drive-through facilities for nonresidential uses permitted in § 164-70.22, provided that:
(1)
There shall be no more than three drive-through businesses on a tract.
(2)
The drive-through service area shall be an integral part of the interior circulation pattern and shall be designed in a safe and efficient manner to minimize vehicle-to-vehicle, and vehicle-to-pedestrian, conflict. All drive-through areas shall be designed with a separate escape lane to permit vehicles to leave or pass by the drive-through area if they wish or need to do so. No direct access to a public road shall be permitted from any drive-through aisle.
(3)
Where a drive-in window or drive-through aisle is proposed, a stacking lane for each drive-in window or drive-through aisle shall be provided to serve a minimum of five cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation, parking or deliveries to the tract.
(4)
Lighting for all drive-through service areas shall be installed in a manner which, at a minimum:
(5)
Landscaping for all drive-through service areas shall be installed in a manner which safely shields the stacking lanes, drive-through aisle and drive-in windows from view of neighboring uses.
G.
Apartments, not part of a mixed-use building, provided that:
[Added 10-7-2015 by Ord. No. 2015-06]
(1)
There are no more than 12 apartments in one apartment building.
(2)
Apartment entrances and other outdoor living areas are screened and buffered from nonresidential loading and service areas on the same lot.
(3)
The maximum percentage of net tract area devoted to apartments, not part of a mixed-use building, shall be 15%. For apartment buildings that are located on the same lot as another use, the percentage of net tract area devoted to apartments shall be calculated in accordance with Section 164-70.25B.
§ 164-70.24 General requirements for mixed-use developments.
A.
Minimum tract size: 20 acres.
B.
The application for land development or subdivision shall be accompanied by a plan showing the proposed use and layout of the entire tract. All applications for land development shall be accompanied by architectural plans of the proposed building(s).
C.
Mixed-use development shall be permitted pursuant to an overall site master plan but may be executed in phases according to a phasing plan submitted by the applicant and approved by the Board of Supervisors, and each phase shall be executed in accordance with a development agreement and the overall master plan. In any phase, the amount of land developed for nonresidential and mixed-use buildings may not exceed the amount of land developed for residential uses.
D.
All mixed-use developments must be served by public water and public sewer service.
§ 164-70.25 Mix requirements.
Within mixed-use tracts, all land shall be divided into lots and streets, with the tract divided into residential lots, retail lots, open space lots, office lots, corporate office lots, existing streets and/or proposed streets.
A.
All lots within a tract shall meet the following mix requirements:
(1)
Residential lots (single-family detached, village house, lot line, twin and/or apartment lots) shall have the following percentages for net tract area:
[Amended 10-7-2015 by Ord. No. 2015-06]
(3)
Open-space lots shall have the following percentages for net tract area:
(a)
The minimum percentage of net tract area shall be 30%, except that the minimum percentage may be reduced up to a maximum of 5% at the discretion of the Township Board of Supervisors if all nonresidential buildings meet the enhanced architectural standards of Chapter 142, Subdivision and Land Development, Article XI.
(b)
There shall be no maximum.
(4)
Offices, other nonresidential uses and mixed-use building lots shall have the following percentages for net tract area:
[Amended 10-7-2015 by Ord. No. 2015-06]
B.
For determining the mix requirements, when more than one use is located on a lot but these uses are in separate buildings, each building with a different use shall be given an equivalent lot area, as defined in § 164-5 of this chapter. When uses are mixed within a building, the building shall be considered a retail commercial, service business and/or restaurant building whenever these uses comprise more than 30% of the total building floor area.
C.
Lot line homes and twin homes may comprise, as a whole, no more than 60% of the total number of dwelling units proposed on a tract.
D.
Except for single-family detached, village house, lot line and twin lots, all the permitted uses may be mixed on a single lot.
F.
Areas of tracts within the street ultimate rights-of-way of existing or proposed streets shall not be considered as part of a residential, nonresidential or open space lot.
§ 164-70.26 Dimensional standards.
Lots within mixed-use developments shall meet the following dimensional standards:
A.
Single-family detached lots:
(1)
The minimum net lot size shall be 10,000 square feet.
(2)
The minimum lot width shall be 75 feet.
(3)
The minimum front yard setback shall be 25 feet.
(4)
The minimum side yard setback shall be 12 feet.
(5)
The minimum rear yard setback shall be 30 feet.
(6)
The maximum building coverage shall be 25% of the lot area.
(7)
The minimum green space shall be 60% of the lot area.
(8)
The building setback from existing residential lots on abutting tracts shall be 40 feet.
(9)
The building setback from existing public street ultimate right-of-way lines shall be 30 feet.
(10)
The maximum height shall be 35 feet.
B.
Village house lots:
(1)
The minimum net lot size shall be 8,000 square feet.
(2)
The minimum lot width shall be 60 feet.
(3)
The minimum front yard setback shall be 15 feet.
(4)
The minimum side yard setback shall be 10 feet.
(5)
The minimum rear yard setback shall be 40 feet.
(6)
The maximum building coverage shall be 25% of the lot area.
(7)
The minimum green space shall be 60% of the lot area.
(8)
The building setback from existing residential lots on abutting tracts shall be 35 feet.
(9)
The building setback from existing public street ultimate right-of-way lines shall be 30 feet.
(10)
The maximum height shall be 35 feet.
C.
Lot line lots:
(1)
The minimum net lot size shall be 5,000 square feet.
(2)
The minimum lot width shall be 50 feet.
(3)
The minimum front yard setback shall be 20 feet.
(4)
The minimum side yard setback shall be 20 feet on one side only.
(5)
The minimum rear yard setback shall be 25 feet.
(6)
The maximum building coverage shall be 50% of the lot area.
(7)
The minimum green space shall be 30% of the lot area.
(8)
The building setback from existing residential lots on abutting tracts shall be 35 feet.
(9)
The building setback from existing public street ultimate right-of-way lines shall be 30 feet.
(10)
The maximum height shall be 35 feet.
D.
Twin lots (per dwelling unit):
(1)
The minimum net lot size shall be 5,000 square feet.
(2)
The minimum lot width shall be 50 feet.
(3)
The minimum front yard setback shall be 20 feet.
(4)
The minimum side yard setback shall be 20 feet on one side only.
(5)
The minimum rear yard setback shall be 30 feet.
(6)
The maximum building coverage shall be 35% of the lot area.
(7)
The minimum green space shall be 50% of the lot area.
(8)
The building setback from existing residential lots on abutting tracts shall be 35 feet.
(9)
The building setback from existing public street ultimate right-of-way lines shall be 30 feet.
(10)
The maximum height shall be 35 feet.
E.
Apartment lots:
[Added 10-7-2015 by Ord. No. 2015-06[1]]
(1)
The minimum net lot size shall be 20,000 square feet.
(2)
The minimum lot width shall be 100 feet.
(3)
The minimum front yard setback shall be 20 feet.
(4)
The minimum side yard setback shall be 20 feet.
(5)
The minimum rear yard setback shall be 50 feet.
(6)
The maximum building coverage shall be 30% of the lot area.
(7)
The minimum green space shall be 25% of the lot area.
(8)
(Reserved)
(9)
The maximum building footprint of individual buildings without bonus shall be 3,000 square feet.
(10)
The maximum building footprint of individual buildings with bonus shall be 12,000 square feet.
(11)
The building setback from existing residential lots on abutting tracts shall be 100 feet.
(12)
The building setback from buildings on the same lot shall be 15 feet.
(13)
The building setback from existing public street ultimate right-of-way lines shall be 40 feet.
(14)
The parking setback from existing residential lots on abutting tracts shall be 30 feet.
(15)
The maximum height shall be 35 feet but may be increased to a maximum of 40 feet, provided that for every foot of height in excess of 35 feet there shall be added to each required yard along tract boundaries five corresponding feet of width or depth.
F.
Nonresidential and mixed-use lots:
(1)
The minimum net lot size shall be 15,000 square feet.
(2)
The minimum lot width shall be 100 feet.
(3)
The minimum front yard setback shall be 20 feet.
(4)
The minimum side yard setback shall be 20 feet.
(5)
The minimum rear yard setback shall be 50 feet.
(6)
The maximum building coverage shall be 20% of the lot area.
(7)
The minimum green space shall be 25% of the lot area.
(9)
The maximum building footprint of individual buildings without bonus shall be 3,000 square feet.
(10)
The maximum building footprint of individual buildings with bonus shall be 20,000 square feet for retail commercial, service business and restaurant uses and 15,000 square feet for offices and other uses.
(11)
The building setback from existing residential lots on abutting tracts shall be 100 feet.
(12)
The building setback from buildings on the same lot shall be 15 feet.
(13)
The building setback from existing public street ultimate right-of-way lines shall be 40 feet.
(14)
The parking setback from existing residential lots on abutting tracts shall be 30 feet.
(15)
The maximum height shall be 35 feet but may be increased to a maximum of 40 feet, provided that for every foot of height in excess of 35 feet there shall be added to each required yard along tract boundaries five corresponding feet of width or depth.
G.
Corporate office lots:
(1)
The minimum net lot size shall be 217,800 square feet.
(2)
The minimum lot width shall be 700 feet.
(3)
The minimum front yard setback shall be 50 feet for structures 35 feet tall or less. For structures that are permitted to be in excess of 35 feet tall by conditional use, four feet shall be added to the minimum front yard setback of 50 feet for each foot of height in excess of 35 feet.
(4)
The minimum side yard setback shall be 45 feet.
(5)
The minimum rear yard setback shall be 75 feet.
(6)
The maximum building coverage shall be 15% of the lot area.
(7)
The minimum green space shall be 40% of the lot area.
(8)
The maximum gross floor area shall be 28% of the lot area.
(9)
The maximum building footprint of individual buildings without bonus shall be 6,000 square feet.
(10)
The maximum building footprint of individual buildings with bonus shall be 30,000 square feet.
(11)
The minimum side and rear yard setback from residential lots on the same tract and existing residential lots shall be 300 feet.
(12)
The building setback from buildings on the same lot shall be 50 feet.
(13)
The building setback from existing public street ultimate right-of-way lines shall be 50 feet or the required front yard, whichever is greater.
(14)
The parking setback from existing residential lots on abutting tracts shall be 30 feet.
(15)
The maximum height for any structure shall be 35 feet. By conditional use, the Board of Supervisors may permit a structure in excess of 35 feet in height up to a maximum height of 50 feet if the additional front yard setback required by § 164-70.26F(3) is provided. No structure, however, shall exceed four stories in height. Parapet height shall be limited to 10% of the height of the building to the flat roof.
(16)
The length of a building shall be a maximum 4:1 ratio to the building height (excluding parapets).
§ 164-70.27 Design standards.
[Amended 10-7-2015 by Ord. No. 2015-06]
In addition to all other regulations contained herein, nonresidential/mixed-use building bonus and corporate office building bonus design requirements as well as design standards for parking, access and circulation, central greens, open space, sidewalks, lighting, trash disposal, village housing, lot line homes, twin lot, apartments and landscape buffers shall be in accordance with Chapter 142, Subdivision and Land Development. In addition to the regulations contained herein and the requirements contained in Chapter 142, Subdivision and Land Development, any building containing retail commercial, service business or restaurant uses may not exceed a footprint of 20,000 square feet. Apartment buildings may not exceed a footprint of 12,000 square feet. Other nonresidential/mixed-use buildings may not exceed a footprint of 15,000 square feet. The maximum building footprint of individual corporate office buildings with a bonus shall be 30,000 square feet.
§ 164-70.28 Administration.
The final subdivision plan shall designate each lot as a single-family detached, village, lot line, twin, nonresidential, mixed-use, corporate office or open space lot. Future land development on these lots shall be governed by the use and dimensional standards for the type of lot designated on the final subdivision plan.
§ 164-70.29 Standards for existing nonconforming light industrial use, warehouse and contractor's yard.
Expansion of existing nonconforming light industrial use, warehouse use and contractor's yard shall be governed by the requirements of this section rather than the requirements of § 164-117 and shall comply with the following requirements:
A.
Dimensional standards.
(1)
Lot area and width. A net lot area of not less than three acres and a lot width of not less than 200 feet at the building line shall be provided.
(2)
Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 45 feet.
(3)
Side yards. There shall be two side yards, one on each side of the principal building, both of which shall be at least 40 feet.
(4)
Rear yard. There shall be a rear yard, the depth of which shall be at least 40 feet.
(5)
Building setback from residential properties. Buildings shall be set back at least 60 feet from abutting residential property lines.
(6)
Parking setback. New parking areas shall be set back at least 30 feet from abutting residential property lines.
(7)
Building coverage. Not more than 11.2% of the net area of the lot may be occupied by buildings.
(8)
Green space. At least 55% of the net area of the lot must consist of green, landscaped area. This area may be reduced to 45% if a pervious-type paving material (see definition)[1] is used for an area equivalent to 10% of the net lot area and all paved areas are screened from adjacent open spaces with decorative fencing, a low stone wall or berms and with trees and shrubs as approved by the Planning Commission.
B.
Buffers. All parking areas, loading areas, storage areas and trash disposal areas must be completely screened from view from abutting properties and streets with landscaping planted in accordance with Chapter 142, Subdivision and Land Development.
C.
Any existing buildings originally built for residential purposes must be preserved. After enactment of this article, if such building is demolished or altered in a manner that is incompatible with the building's historic, residential character, then no additional development will be permitted.
D.
Any new buildings shall have a residential character, which can be achieved by using pitched roofs, residential building materials and residentially scaled windows and doors.