Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XXXI
HLI-II Highway Limited Overlay District II
§ 230-226 Declaration of legislative intent.
In expansion of the purposes and community development objectives contained in Article I, § 230-2, of this chapter, as amended, the primary intent of this district is to provide, as an overlay to the underlying LI Limited Industrial Zoning, an alternative category of land use that permits an appropriate intensity of development for land fronting on Route 309, while it prohibits the spread of intensive general retail/commercial uses that generate high traffic volumes. In addition, other specific intents, purposes and objectives of this district include the following:
A.
Encourage lower intensity land uses that are primarily nonretail or specialty retail in nature.
B.
Permit land uses that are compatible with limited industrial development and are traditionally highway-oriented.
C.
Encourage uses that generate low to moderate traffic volumes, especially uses that produce peak traffic generation at times other than the abutting highway peak hours and traditional general retail commercial peak hours.
D.
Reduce the adverse effects of driveway intersections with Route 309 by encouraging businesses to coordinate locations of individual access points, utilize shared access points where feasible and desirable, develop an integrated circulation system among adjoining lots and develop alternative access drives where feasible.
E.
Minimize the number of traffic generators along Route 309.
§ 230-227 Use regulations.
Where authorized as a conditional use, one building or a group of nonconnected buildings may be erected, altered or used, and a lot may be used or occupied, for any of the following uses and no other:
A.
The uses set forth in § 230-215, Use regulations, of the HLI Overlay District. However, a motion-picture theater shall not be permitted.
B.
Provided that a property or group of properties has both at least a second means of access other than Route 309 and no more than one driveway per two buildings on Route 309: individual specialty retail uses having a minimum gross floor area of 15,000 square feet and a maximum gross floor area of 45,000 square feet.
(1)
A “specialty retail use” is a retail use that does not sell general merchandise. A specialty retail use is characterized by an inventory materially limited to one specific market segment. By way of example, specialty retail uses include stores marketing furniture, clothing, electronics, and children's clothing and accessories. It is not the intention of this definition to be all-inclusive, but it is part of the specific legislative intent that a specialty retail use is a use that generates less traffic volume than a retail store that carries general merchandise including, but not limited to, supermarkets, building supplies, large volume discount merchandise stores, among others.
(2)
The square footage of buildings devoted to a specialty retail use shall be determined by a calculation equal to 75% of the weekday afternoon adjacent street peak hour trip generation for the largest general office buildings permitted on a lot located in the HLI-II District. The calculation of the square footage based upon gross floor area shall adhere to the following formula:
(a)
Calculate the maximum general office buildings permitted on a building lot in the HLI-II District subject to a maximum building coverage of 40%;
(b)
Calculate the weekday afternoon adjacent street peak hour total new trips for general office buildings located in the HLI-II District, in accordance with the Institute of Transportation Engineers' Trip Generation Formula for Land Use Code 710, General Office;
(c)
Reduce the HLI-II general office buildings weekday afternoon adjacent street peak hour total new trip generation by 25%;
(d)
Increase the reduced new trips by 5% in order to account for specialty retail interaction trips, in addition to the new trips generated;
(e)
Divide the total (new plus interaction) trips by the Institute of Transportation Engineers' Trip Generation Rate for Land Use Code 814, Specialty Retail, to result in the permitted size of specialty retail buildings on the building lot; and
(f)
Apply a 25% density increase bonus to the permitted specialty retail buildings size, if access is limited to one-half driveway per each building along Pa. Route 309 and one driveway connection to a road other than Pa. Route 309. If an odd number of buildings is proposed, then the total number of driveways along Pa. Route 309 will be rounded up to the nearest whole driveway. Only one driveway connection to a road other than Pa. Route 309 is required.
C.
Assisted living facility and/or independent living units designed for the elderly and restricted to residents of age 55 and over in accordance with the Federal Fair Housing Act, as amended.
D.
Medical center.
§ 230-228 Establishment of overlay district.
The HLI-II Overlay District shall be an overlay to the LI Limited Industrial District as shown on the Zoning Map. The following shall apply to the overlay district:
A.
The provisions of the HLI-II Overlay District shall serve as a supplement to the underlying district provisions and, as such, shall apply only to HLI-II uses.
B.
The provisions of this district apply only to LI Limited Industrial zoned properties fronting on Route 309 as designated by the Township Zoning Map, as amended. The district shall not apply to any other LI zoned properties or any other zoned properties.
§ 230-229 Dimensional standards.
A.
In order to qualify for development under the HLI-II regulations, a lot or group of lots must comprise at least 12 acres.
(1)
Individual building lots having a minimum of three acres are permitted, but only in accordance with § 230-233 herein, provided that a unified development plan is approved by the Board of Supervisors.
(2)
For each qualifying lot or groups of lots, there shall be no more than four buildings or five uses.
[Amended 7-26-2004 by Ord. No. 04-184Z]
B.
HLI-II dimensional standards.
(2)
Maximum building height: 30 feet, except that the height may be increased to a maximum of 65 feet, provided that for every foot in excess of 30 feet, each required yard shall be increased one corresponding foot. In addition, a height of 40 feet or more shall require conditional use approval.
(3)
Maximum building coverage: 20%.
(4)
Maximum impervious material coverage: 65%.
(5)
Minimum green area coverage: 35%.
§ 230-230 Conditional use standards and criteria.
All applications for development shall comply with the procedures and standards for conditional use approval contained in the Township Zoning Ordinance as well as the specific conditional use standards and criteria which govern the HLI Highway Limited Industrial Overlay District.
§ 230-231 Development standards and regulations.
All buildings within an HLI-II development shall be designed as a unified development with compatible architectural design and building materials for all components including buildings, signs, walkways, plazas, and other open spaces.
A.
Landscaping. All landscaping shall be provided in accordance with the Montgomery Township Subdivision Ordinance.[1]
(1)
Side and rear yard areas. An area 25 feet wide shall be landscaped with a softening or screening buffer. When authorized by the Board of Supervisors, this may be reduced to no less than 10 feet, but only where the yard abuts a commercial or industrial use or zoning district.
(2)
Front yard areas. The minimum required yard (70 feet), exclusive of driveway or access areas, shall be landscaped with a softening buffer.
B.
On-site parking and loading.
(1)
Loading and/or parking is prohibited within the minimum front yard area.
(2)
No paving shall occur within side and rear yard areas abutting a residential use or zoning district and shall not otherwise be closer than 10 feet to a side or rear boundary line except when cross access arrangements have been approved by the Board of Supervisors.
C.
Performance standards. The following standards of the Zoning Ordinance shall apply: smoke; dust and gases; noise; odors; glare and heat; vibration; radioactivity and electrical disturbance; uses to be conducted indoors; outdoor storage and waste disposal; electric, diesel, gas or other power; and industrial waste or sewage.
D.
Access controls. 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, in conformance with the requirements of the Montgomery Township Subdivision Ordinance.[2]
E.
Limitation on uses. Unless approved by the Board of Supervisors as part of the conditional use approval, each building shall be limited to one use.
§ 230-232 Parking.
Off-street parking shall be provided in accordance with the provisions established in the RS Regional Shopping Center District, but at a reduced ratio of a minimum four parking spaces per 1,000 square feet of gross leasable area of specialty retail space. In meeting the parking requirements, a unified development may include joint use of one or more common parking areas. If located off site, some portion of the off-street parking area shall lie within 200 feet of an entrance regularly used by patrons. A parking space shall be defined as an area at least 10 by 20 feet in size.
§ 230-233 Special conveyancing.
When the development of a tract and the uses therein are in accordance with a unified development plan, then a conveyance of a parcel within the development plan shall be permitted upon compliance with the following conditions:
A.
Irrevocable cross-easements in favor of and duly binding on all title owners within the area of the development plan, their successors and assigns, with respect to use, control and maintenance of the common areas including access, green space, and parking areas are in effect and recorded.
§ 230-234 Change in use.
There shall be no change in use without first obtaining conditional use approval.