Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XIII
C Commercial District
§ 230-74 Applicability.
In the C Commercial Districts, the following regulations shall apply.
§ 230-75 Use regulations.
A.
A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:
[Amended 6-5-2000 by Ord. No. 00-126Z; 1-28-2002 by Ord. No. 01-140Z]
(1)
Any use permitted as indicated in Appendix Table 230-A, Table of Permitted Uses.[1]
[1]
Editor's Note: Appendix Table 230-A, Table of Permitted Uses, is included at the end of this chapter.
(3)
Accessory use on the same lot with and customarily incidental to any permitted use.
(4)
Dispensary facility, subject to each of the following specific requirements:
[Added 9-12-2022 by Ord. No. 22-329Z]
(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 Commercial 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 wall of a dispensary facility shall be closer than 1,000 feet from the property line of the nearest dispensary facility and shall not 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 XIX, Off-Street Parking and Loading.
(g)
To the extent that there is any conflict between this Chapter 230 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)
Drive-through services are prohibited.
(5)
Ambulatory health care center. Regulations for the ambulatory health care center shall include:
[Added 9-12-2022 by Ord. No. 22-331Z]
(a)
Such use shall only be permitted by conditional use in the C Commercial District.
(b)
Minimum lot area: 10 acres.
(c)
Building coverage: Notwithstanding the provisions of § 230-77E hereof, the maximum building coverage for an ambulatory health care center shall be 30%.
(d)
Landscaping and screening.
[1]
A planting area no less than 25 feet in width of grass, lawn, shrubbery, evergreens, and trees shall be planted in accordance with a landscaping and screening plan as provided in Article VI of Chapter 205, the Montgomery Township Subdivision Ordinance, No. 18, and continuously maintained in a proper and attractive manner along all side and rear boundary lines. If the proposed use/property abuts a residential use and/or district, then the planting area shall be no less than 50 feet in width. No planting area shall be required along any side or rear boundary lines that abut existing commercial uses.
[2]
All off-street loading areas shall be adequately buffered in accordance with an overall plan. The buffer shall consist of sound barrier fencing or a combination of fencing and landscaping, not less than six feet in height which will obscure 75% of the light emitted from vehicular headlights on the premises throughout the full course of the year.
(f)
Parking requirements: one space for every 200 feet of gross floor.
(g)
An ambulatory health care center shall be located on a lot abutting and having direct vehicular access onto a state and/or county roads with 100 feet, plus or minus, right-of-way as identified on the Montgomery Township Ultimate Classification of Roads Map dated October 1981.
(h)
Sewer and water. All buildings within an ambulatory health care center shall be provided with public sewer and water services.
(i)
An ambulatory health care center may include various ancillary uses that are customarily incidental to and in direct support of the primary health care mission of the ambulatory health care center. Such ancillary uses shall be located within the same building as the ambulatory health care center and could include the following facilities:
(j)
The facility shall comply with all applicable federal, state, county and local regulations and shall be licensed as required by the state.
(k)
Lighting. Lighting shall be provided for the safety and convenience of employees and visitors to the center, in compliance with the following:
[1]
The maximum permitted height of light poles or wall-mounted lights is 25 feet.
[2]
Illumination of all parking areas, around all buildings and along all pedestrian walkways, shall provide a minimum level of one-half-footcandle and an average of one footcandle and a maximum level of four footcandles. (One footcandle equals one lumen per square foot.)
[3]
All outside lighting, including sign lighting, shall be arranged, designed, and shielded or directed so as to protect the abutting streets and highways and adjoining property from the glare of lights. All light standards or fixtures shall be shielded to eliminate light glare beyond an angle of 35° from a vertical plane and be so shielded that the source of the light shall not be visible off of the premises.
[4]
No flashing or intermittent or moving lights, including lights on signs, shall be permitted.
(l)
If off-street loading areas are located along a side or rear property line adjacent to a residential use and/or district, then loading hours shall be limited to 7:00 a.m. to 8:00 p.m.
(m)
Pedestrian connectivity. To ensure safe, direct, and convenient pedestrian circulation, a continuous pedestrian and/or multiuse pathway system shall be required. Pathways within the project site shall provide connections between primary building entrances, parking areas, existing/proposed trails, recreational facilities and common areas, adjacent streets, and adjacent developments.
B.
The following uses shall not be permitted in this zoning district:
[Added 5-10-1999 by Ord. No. 99-107Z]
(1)
Adult-oriented establishment, which includes, without limitation, the following establishments when operated for profit, whether direct or indirect:
(a)
Adult bookstores.
(b)
Adult motion-picture theaters.
(c)
Adult mini motion-picture theaters.
(d)
Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or where an entertainer provides adult entertainment to a member of the public, a patron or a member.
(e)
An adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
§ 230-76 Height regulations.
A.
The maximum height of any building erected or used in this District shall be 35 feet, except that the height of any nonresidential building may be increased to a maximum of 65 feet, provided that for every foot of height in excess of 35 feet, there shall be added to each required yard one corresponding foot of width or depth.
B.
When the side line of a street or highway, or side or rear boundary lines, shall be adjacent to or opposite from a residential district, the setback of a building or structure shall be no less than four feet horizontal yard distance for each one foot in vertical height.
[Added 6-5-2000 by Ord. No. 00-126Z]
§ 230-77 Area, width and yard regulations.
A.
Minimum lot area and width.
(1)
For any single-family detached dwelling use, there shall be a minimum lot area and width as prescribed for the residential district designated in accordance with § 230-33 above.
(2)
For any commercial use permitted in this District, there shall be a minimum lot area of 25,000 square feet.
(3)
For any commercial use, there shall be a minimum lot width at the building line of not less than 75 feet, except that where buildings are constructed with a common party wall or two or more lots to be held in single and separate ownership, the minimum width may be reduced when authorized as a special exception.
B.
Front yard. There shall be a front yard on each lot which shall be not less than 60 feet.
C.
Side yards.
(1)
On a lot for any permitted single-family dwelling use, there shall be minimum side yards as prescribed for the residential district designated in accordance with § 230-33.
[Amended 6-22-1992 by Ord. No. 92-1]
(2)
For any commercial use on a lot abutting any residential district or existing dwelling, there shall be a side yard abutting such district or dwelling having a width of not less than 10 feet.
(3)
For any commercial use on a corner lot, there shall be a side yard abutting the street having a width of not less than 35 feet.
D.
Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than 40 feet.
E.
Building coverage. The building coverage on any lot shall not exceed 20%.
F.
Impervious material coverage. The maximum impervious material coverage, including building and parking area, shall not exceed 75% of the total lot area.
[Added 11-18-1985 by Ord. No. 17-028]
G.
Green area coverage. The minimum land area devoted to green vegetative cover shall not be less than 25% of the total lot area.
[Added 6-2-1986 by Ord. No. 17-029]
§ 230-78 Development standards and regulations.
The erection and continued maintenance of a building and site within a C Commercial District shall require compliance with the following standards:
A.
Landscaping and screening. A planting area no less than 25 feet in width of grass, lawn, shrubbery, evergreens and trees shall be planted in accordance with a landscaping and screening plan as provided in Article VI of Chapter 205, the Montgomery Township Subdivision Ordinance, No. 18, and continuously maintained in a proper and attractive manner along all street frontages of property, exclusive of driveway and access areas, and along all side and rear boundary lines.
[Amended 8-3-1987 by Ord. No. 17-033; 6-25-2018 by Ord. No. 18-306Z]
B.
Entrance- and accessways. All entrance- and accessways shall be of sufficient width, with widened radii where they meet the sides of roads and highways, to conveniently and safely accommodate the flow of traffic. The locations of entranceways shall be subject to the approval of the Board of Supervisors. The entrance- and accessways shall be designed, constructed and maintained to provide safe and efficient ingress and egress for traffic without undue congestion or interference with the normal traffic flow on the abutting streets and highways.
C.
If deemed appropriate by the Board of Supervisors and approved by the Pennsylvania Department of Transportation when required, the developer shall be required to widen the paved road frontage abutting the commercial site, install curbing along the same, and/or build acceleration and deceleration lanes to provide for the safe and efficient ingress and egress of motor vehicles.
[Amended 7-28-1986 by Ord. No. 17-037]
D.
Safe and efficient ingress and egress is to be provided to and from public streets serving the site without undue congestion to or interference with traffic flow within the Township.
E.
Outdoor storage. No outdoor storage or display of merchandise, materials, equipment, products, parts or commodities shall be permitted outside of the main or accessory building or structure, except as noted below.
[Added 11-18-1985 by Ord. No. 17-028; amended 11-9-1992 by Ord. No. 92-5Z]
(1)
Because of the fire hazard presented by indoor sales of live-cut Christmas trees, outdoor sale of live-cut Christmas trees and cuttings is permitted between November 23 and December 31, provided that a permit is received from the Zoning Officer. Sales shall be prohibited unless enough parking is available to satisfy the requirements of the C Zone and safe access is available.
F.
Waste disposal.
[Added 11-18-1985 by Ord. No. 17-028]
(1)
No waste, rubbish and discarded materials shall be stored outside of the building unless it is placed within a completely fenced-in area so as to conceal the materials.
(2)
No materials or wastes should be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
(3)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.
§ 230-78.1 Satellite uses.
[Added 1-28-2002 by Ord. No. 01-140Z]
Uses located in separate detached building(s) having less than 7,500 square feet but on the same site as a shopping center may be permitted upon authorization of a conditional use subject to the following:
A.
No more than 10% of the total allowable building coverage shall be devoted to satellite uses.
B.
In addition to the parking provisions contained in Article XIX herein, the following parking and circulation requirements shall pertain to satellite uses:
(1)
Access to parking intended for satellite uses shall be taken from the parking area or internal access drive intended for the primary use; in no case shall access to parking for satellite uses be taken directly from an abutting street.
(2)
Parking intended for satellite uses shall be separated from the primary parking area by landscaped planting islands to allow for proper traffic flow channelization.
(3)
Should any satellite use(s) be added to a shopping center development at any time after initial development is completed, adjustments to the parking area shall be made to comply with the requirements of this section and current requirements of the Zoning Ordinance and Subdivision and Land Development Ordinance[1] for parking and landscaping.
C.
Pedestrian access. Within all parking areas, signing and pavement markings or pavement differentiation shall be provided indicating paths of heavy pedestrian traffic. Whenever such paths cross landscaped islands, a break in the landscaping shall be provided. Curb cuts shall also be provided as necessary to allow access by elderly and the physically handicapped.