Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XVI
RS Regional Shopping Center District
§ 230-92 Applicability.
In the RS Regional Shopping Center District, the following regulations shall apply.
§ 230-93 Intent.
In expansion of the purposes contained in Article I, § 230-2, of this chapter, it is hereby declared to be the intent of this article that the RS Regional Shopping Center District shall be designed to encourage the establishment of a modern well-planned regional shopping center. The regional shopping center regulations require buildings comprising an integrated regional shopping center separated from roads and other adjoining properties by landscaped buffer areas. A comprehensive set of design requirements is provided to assure that a regional shopping center will be in harmony with the Comprehensive Plan of the Township of Montgomery and will promote the health, safety, morals and welfare of the Township.
§ 230-94 Permitted uses.
[Amended 7-1-1991 by Ord. No. 17-063; 1-11-1999 by Ord. No. 98-97Z; 1-28-2002 by Ord. No. 01-140Z]
A building or group of buildings may be erected, altered or used and a lot may be used or occupied as a regional shopping center for any of the following purposes and no other:
A.
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.
B.
Any use of the same general character as any of the permitted uses when granted as a special exception by the Zoning Hearing Board.
§ 230-95 Development standards.
The erection and continued maintenance of the buildings and site improvements within the RS Regional Shopping Center District shall comply with the following standards:
A.
A regional shopping center shall be designed, constructed and maintained in accordance with an overall plan, planned as a single unit, in a manner so as to constitute a safe, efficient, attractive and convenient regional shopping center.
B.
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]
C.
Lot area and building coverage. The minimum size for a Regional Shopping Center District shall be 50 acres. No more than 18% of the area of any lot shall be occupied by buildings or structures.
[Amended 6-2-1986 by Ord. No. 17-029; 6-5-2000 by Ord. No. 00-126Z; 6-25-2012 by Ord. No. 12-259Z]
D.
Yard distances. No building or other structure, including canopies or other accessory portions of buildings, shall be placed closer than 75 feet to the side line of any street or highway or from any side or rear boundary lines. A side line of any street or highway shall be the ultimate right-of-way line as delineated in any applicable Comprehensive Plan or Official Map or as delineated by the Township Planning Commission.
(1)
Building or structures in excess of 37.5 feet in height to the highest elevation of the building or structure shall be set back not less than two feet in horizontal yard distance for each one vertical foot in height. In no event shall the height exceed 75 feet.
[Added 6-5-2000 by Ord. No. 00-126Z]
(2)
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. In no event shall the height exceed 75 feet.
[Added 6-5-2000 by Ord. No. 00-125Z]
E.
Height of buildings. The maximum height of any building or structure shall be 75 feet.
F.
Parking access and loading and unloading requirements. Adequate off-street parking and loading space shall be provided in accordance with XIX herein. A "parking space" shall be defined as an area of at least nine by 18 feet in size, and each parking space in the regional center shall be marked with all-weather paint to the size required by this chapter.
[Amended 1-28-2002 by Ord. No. 01-140Z; 6-25-2012 by Ord. No. 12-259Z]
G.
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.
H.
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 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. 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.
[Amended 7-28-1986 by Ord. No. 17-037]
I.
A regional shopping center shall be provided and served with public water and public sewer facilities, and all utility services in the center shall be underground.
J.
Mechanical and site utility equipment projecting from the tops of buildings shall be screened from public view.
K.
Drainage. A regional shopping center shall design, build and maintain an adequate surface water drainage system, including underground pipes, inlets, catch basins and other facilities, to handle in adequate fashion the flow of surface waters in a manner so that an undue burden of surface water drainage is not imposed upon abutting streets and highways and abutting properties.
L.
Signs. The requirements for signs in the RS Regional Shopping Center District are found in § 230-128 of this chapter.
[Amended 4-27-2009 by Ord. No. 09-236Z]
M.
Lighting. All outside lighting on the premises, 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, and lighting shall be so shielded that the source of the light shall not be visible off of the premises. No flashing or intermittent or moving lights, including lights on signs, shall be permitted.
N.
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.
[Amended 11-18-1985 by Ord. No. 17-028; 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 RS Zone and safe access is available.
O.
There shall be no storage of trash, rubbish and other refuse outside of buildings unless said areas are screened with appropriate fencing or other form of screening, and said areas shall be maintained in a manner so as not to cause any smoke, odor or litter.
P.
Keeping premises clean. The entire regional shopping center premises shall be continuously maintained in a clean, orderly and attractive manner, free of refuse and trash, and a sufficient number of refuse and trash containers for the use of the public shall be placed on the premises and emptied at regular intervals.
Q.
Impervious material coverage. The maximum impervious material coverage, including building and parking area, shall not exceed 65% of the total lot area.
[Added 6-2-1986 by Ord. No. 17-029]
R.
Green area coverage. The minimum land area devoted to green vegetative cover shall not be less than 35% of the total lot area.
[Added 6-2-1986 by Ord. No. 17-029]
§ 230-96 Stage development.
If the development of a regional shopping center is to be carried out in progressive stages, each stage shall be so planned that the requirements of this chapter and other applicable ordinances and regulations of the Township of Montgomery shall be fully complied with at the completion of any stage. The proposed stage development shall be subject to the approval of the Montgomery Township Board of Supervisors.
§ 230-97 Submission and processing of development plan.
Prior to the issuance of any building permit or permit to do any work and development on a regional shopping center site, a development plan shall be submitted to the Board of Supervisors. The plan shall include the following information and shall be prepared in accordance with the following requirements. If the Board of Supervisors deems it appropriate, any of the following requirements need not be carried out until after a building permit has been issued and construction has been begun or completed. However, any such requirements shall be carried out prior to occupancy and the issuance of a certificate of occupancy.
A.
There shall be submitted a legal description of the area to be devoted to the regional shopping center site, and there shall be submitted a survey of the site giving the metes and bounds description, drawn to scale and prepared by a registered professional engineer or surveyor licensed in the Commonwealth of Pennsylvania.
B.
There shall be submitted a plot plan or site plan showing the location and dimensions of all present or proposed buildings, sidewalks and other areas to be devoted to pedestrian use, drives, accessways, parking areas, including individual parking spaces, loading and unloading areas and other constructional features on the lot.
C.
The site or lot plan shall show all buildings, streets, highways, structures and streams within an area of 300 feet beyond any boundary line or street or highway line, and the names of all property owners abutting any boundary or street lines.
D.
The scale of survey and of the plot or site plan submitted shall be not less than one inch to 100 feet, with contours shown at not less than five-foot vertical intervals.
E.
There shall be presented as part of the development plan conceptual architectural plans for any proposed buildings including elevations.
F.
There shall be submitted with the development plan a description of the types of uses and stores proposed in the shopping center.
G.
There shall be submitted detailed plans showing compliance with all of the requirements of § 230-95 hereof, including but not limited to a detailed planting plan showing the types of trees and shrubbery to be planted and maintained, detailed sign plans showing all signs attached to the buildings and all freestanding signs at the entrances, outdoor lighting size and type, detailed drainage plans and plans for the underground utilities, public water supply and public sewer connection and extension. These plans and studies may be on separate plans or any of these features can be included in the basic plot or site plan. These plans and studies shall include any necessary engineering and architectural plans and certifications.
§ 230-98 Other submissions; recommendations of county.
The development plan and all other plans submitted to the Board of Supervisors under § 230-97 above shall be submitted to and processed by the Township Planning Commission, and the Planning Commission may require such additional exhibits as may be essential to the formation of a recommendation to the Board of Supervisors. The Board of Supervisors shall submit the development plan to the County Planning Commission for its recommendations.
§ 230-99 Compliance required.
No development plan and accompanying plans and surveys shall be approved by the Board of Supervisors until there is compliance with all of the requirements of this chapter and compliance with any other applicable ordinances and regulations of the Township of Montgomery.
§ 230-100 Expiration of approval.
When a development plan, including the accompanying plans and surveys, is approved by the Board of Supervisors, said approval shall constitute an agreement by the applicant, developer or their heirs, successors or assigns that such development plan, including the erection of all buildings, structures and improvements, shall be completed and maintained as shown on the plan or plans submitted to the Township of Montgomery. If within three years of date of the approval of a development plan by the Board of Supervisors substantial construction of the proposed regional shopping center development is not undertaken by the applicant or developer in accordance with the approved plans, a new approval of the plan and the issuance of a new building permit or permits shall be required and obtained prior to the undertaking of any construction.
§ 230-100.1 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.