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Upper Merion Township
City Zoning Code

ARTICLE XX

NMU Neighborhood Mixed-Use District

§ 165-111 Intent.

The primary purpose of the NMU Neighborhood Mixed-Use District is to encourage mixed-use development of a small town pedestrian-oriented character that complements existing nearby residential areas. In furtherance of this purpose, it is the intention of the NMU Neighborhood Mixed-Use District to:
A. 
Develop more walkable and bikeable communities that promote physical activity and improve public health;
B. 
Alleviate the impact of development on nearby existing residential areas by controlling for scale, design, traffic access, and orientation;
C. 
Decrease the impact of new development and redevelopment of existing structures on the environment by encouraging more dense residential and business uses with walkable amenities;
D. 
Encourage the growth of small-scale commercial and institutional uses as well as a diversity of housing options;
E. 
Encourage a sense of community and a sense of place, which promotes civic engagement and social interaction.

§ 165-112 Use regulations.

A. 
In the NMU Neighborhood Mixed-Use District, buildings may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no others. However, a use not specifically listed that is shown to be similar to a permitted use may be permitted as a special exception.
B. 
The NMU Neighborhood Mixed-Use District shall be considered a mixed-use district. More than one use per lot is permitted in the NMU District in accordance with the requirements in this article.
Table NMU.1 - Permitted Uses
Key
P = Permitted Use
NP = Not a Permitted Use
S = Permitted Only by Special Exception
Residential Uses3
Single-family detached dwellings
P
Single-family semi-detached dwellings
P
Row house dwellings
P
Multifamily dwellings
P
Park and Open Space Uses
Park and open space uses
P
3
Retail Trade1
Convenience stores
P
Gasoline filling stations
NP
Beer, wine and liquor stores
P
Pharmacies and drug stores
P
Furniture, home furnishing stores
P2
Household appliance stores
P2
Consumer electronics, computers, photography equipment stores
P
Hardware stores
P2
Jewelry stores
P
Paint and wallpaper stores
P
Pawn shops
NP
Supermarkets
NP
Specialty food stores
P
Clothing and accessories store
P
Sporting goods, hobby, book and music stores
P
Department stores
NP
Warehouse clubs
NP
Florists
P
Office supply stores
P2
Interior design studios
P
Gift and novelty stores
P
Resale/consignment stores
P
Pets and pet supplies
P
Transportation1
Post offices
P
Mail services
P
Finance and Insurance
Banks, savings institutions and credit unions
P1
Banks with drive-through
NP
Automatic teller machines (free standing)
P1
Consumer lending and financing activity
P1
Securities, commodities and other financial investment activity
P
Insurance activity
P
Real estate agents and brokers
P
Property management offices
P
Professional Scientific and Technical Services
Professional offices
P
Offices for the management of companies and enterprises
P
Research and development in the physical, engineering, and life sciences
NP
Administrative and support offices
P
Waste management and remediation
NP
Health Care and Social Services
Medical/dental offices
P
Medical clinics
NP
Medical and dental laboratories
NP
Home health care services
P
Veterinary clinics or hospitals
P1
Kennels
NP
Continuing care retirement communities
P
Child day care center services
S
Urgent care
P1
Arts, Entertainment and Recreation
Health and fitness centers
P2
Indoor sports and recreation facilities
NP
Accommodation and Food Service1
Hotels or motels
NP
Restaurants (full service)
P
Restaurants (carry out)
P
Restaurant (with drive-through)
NP
Banquet facilities
NP
Catering for off-site consumption
P
Drinking places (alcoholic)
P
Beverage shop (snack and beverage bar [nonalcoholic])
P
Beverage shop (snack and beverage bar [nonalcoholic]) with drive through
NP
Retail bakery
P
Personal Services1
Barber shop
P
Beauty and nail salons
P
Diet and weight reducing centers
P
Laundries and drycleaners (drop off)
P
Photographic studios
P
Music, art, dance, yoga and martial arts instruction studios
P
Shoe repair, dress maker, tailor
P
Public Administration and Institutional Uses1
Places of worship and assembly
P
Government offices and services
NP
Courts
NP
Public police, fire and EMS services
P
NOTES:
1
Only permitted on the ground floor.
a.
The ground floor shall be considered the first floor of a building other than a basement.
b.
Basements are permitted to contain only those uses accessory to the principal use or uses of the building.
2
Gross floor area is limited to 15,000 square feet.
3
Residential density shall not exceed 15 dwelling units per acre of lot size.

§ 165-113 Dimensional standards for NMU District.

Table NMU 2 - Dimensional Standards
Minimum lot size (square feet)
10,000
Minimum lot width (feet)
75
Building setbacks (feet) (minimum)
Front yard
20
Side yard1
5
Rear yard
40
Maximum building height (feet)
45
Off-street parking setbacks (feet) (minimum)
5
Maximum building coverage
35%
Maximum impervious coverage
75%2
NOTES:
1
Side yard setback may be zero when adjacent parcels share a common wall.
2
Public sidewalks shall not be included in the calculation of impervious coverage.

§ 165-114 Design standards for NMU District.

A. 
Any frontage along a street shall contain the following:
(1) 
A planting verge beginning at the edge of the curb and extending a minimum of five feet in width; and
(2) 
A paved sidewalk beginning at the interior edge of the verge and extending a minimum of eight feet in width.
B. 
Building height (includes peaked roof/architectural screening).
(1) 
Buildings shall have a minimum of two floors and a maximum of three floors.
(2) 
All roof-mounted mechanical equipment shall be screened from view of all adjacent local roads by architectural elements on the building facade, not to be included in the calculation of the height of the building.
C. 
Windows are required on each floor which faces a street or parking area.
D. 
Facade articulation.
(1) 
Facade articulation is required for each building frontage that faces a nonlocal road.
(2) 
Between the ground level and a height of 25 feet, a minimum of 30% of the wall area must include one or more of the following features listed below:
(a) 
Ornamental and structural detail;
(b) 
Projections, recesses, bays, overhangs, or other variations in planes; or
(c) 
Transparent windows or other transparent glazed area.

§ 165-115 Off-street parking.

A. 
Parking lots are not permitted in front yards.
B. 
Parking lots are not permitted between buildings and nonlocal streets as identified by the Official Highway Classification Map of the Township, unless set back 10 feet from the road right-of-way and screened with a softening buffer as described in § 145-24.1.
C. 
Shared parking.
(1) 
So as to decrease impervious coverage and the footprint of surface parking, required spaces may be shared between different uses within the same development based on the following:
(a) 
Residential to office: for every one parking space provided towards the requirements of a residential use, one space can be subtracted from the number of required parking spaces for an office use.
(b) 
Residential to commercial/retail: for every two parking spaces provided towards the requirements of a residential use, one parking space can be subtracted from the parking spaces required for a commercial or retail use.
(c) 
Office to commercial/retail: for every two parking spaces provided towards the requirements of an office use, one parking space may be subtracted from the parking spaces required for a nonoffice, nonresidential use.
(2) 
Parking may also be shared between uses on adjacent parcels using the same calculations as above, provided the applicant can prove that there is safe, proximal access for pedestrians and an agreement is recorded on the deed to provide such access to parking for adjacent uses in perpetuity.

§ 165-115.1 Vehicular access standards.

A. 
No more than one driveway access shall be permitted per parcel, unless the landowner can demonstrate that additional access is required for safety.
B. 
Each non-single-family development shall provide public vehicular access easements for its parking aisles and driveways, guaranteeing access and use to all abutting lots within the NMU District, unless all possible interconnections would cross 20 linear feet or more of wetlands, floodplains, and/or slopes of 15% or more.
C. 
Subsequent adjacent developments shall construct vehicular access only through such easements, with additional driveways not to be permitted unless applicant can demonstrate that such additional access is required for safety.

§ 165-115.2 General requirements for NMU District.

A. 
No outdoor storage is permitted, and trash must be kept inside a principal building until collection, or located within an enclosure effectively screened from adjacent properties.
B. 
All signs must meet the requirements of Article XXVII, Signs.
C. 
All outdoor lighting must meet the requirements Article XXIII, General Provisions.
D. 
All site landscaping shall meet the requirements of the Township's Subdivision and Land Development Code, § 145-24.1, Landscaping.