Upper Merion Township
City Zoning Code
City Zoning Code
ARTICLE XXII
SC Shopping Center Districts
§ 165-121 Regulations to apply.
In SC Shopping Center Districts, the following regulations shall apply.
§ 165-122 Use regulations.
[Amended 6-16-1954 by Ord. No. 19; 12-18-1961 by Ord. No. 110; 10-1-1962 by Ord. No. 119; 12-13-1965 by Ord. No. 65-167; 12-19-1966 by Ord. No. 66-192; 9-11-1967 by Ord. No. 67-207; 3-12-1969 by Ord. No. 69-234; 6-15-1987 by Ord. No. 87-516; 3-26-2015 by Ord. No. 2015-837]
Buildings may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:
B.
Other uses of the same general character as any of the above-permitted uses when authorized as a special exception.
C.
Automobile service centers, provided that all services rendered shall be performed within the building and there shall be no storage outside of the building, and further provided that the following uses shall be specifically excluded: the sale of gasoline, the painting of motor vehicles, the renovation or replacement of motors and engines, body and fender repair work involving the use of an open flame or welding equipment.
D.
Customarily incidental accessory uses as are designated on a development plan formulated, submitted and approved as prescribed in Article XXXIII, § 165-236, herein, when arranged on the land in conformity with such plan.
F.
When authorized by special exception, automobile sales agency (not to include a used car lot or a trailer or a truck sales agency as a principal use), provided that:
(1)
The lot shall be not less than four acres in size, and such use shall be the exclusive use of this four acres.
(2)
All services shall be conducted within the confines of the building.
(3)
All storage of automobiles shall be conducted within the confines of the lot.
(4)
No parking shall be permitted in front of any building.
(5)
No more than 70% of the open area may be paved.
(6)
At least 5% of the open area shall be devoted to green area.
(7)
Outside storage (as defined in § 165-127) of supplies, materials and equipment shall not be permitted.
(8)
Building coverage shall be a minimum of 12 1/2% of the lot area.
G.
Hospitals.
[Added 11-9-2023 by Ord. No. 2023-893]
§ 165-123 Height, area, width and yard regulations.
[Amended 12-22-1959 by Ord. No. 78; 12-31-1979 by Ord. No. 79-405; 6-15-1987 by Ord. No. 87-516]
The heights of buildings and other structures erected or enlarged in this district and the area, width, yard and building coverage requirements therefor shall be as specified on or in connection with the development plan, provided that no building or other structure shall exceed a maximum height of 65 feet. The development plan shall encompass an area of not less than 10 acres and shall be recorded in the office of the Recorder of Deeds of Montgomery County within 90 days of approval. No building permit shall be issued until the development plan has been recorded.
§ 165-124 Conditions of development plan approval..
[Added 12-31-1979 by Ord. No. 79-405[1]]
In addition to the requirements of Article XXXIII, §§ 165-236 and 165-237, herein, the following conditions shall apply:
A.
All shopping center areas, as defined herein, shall remain in single and separate ownership, which ownership shall be responsible for and bound by the terms of the escrow and other surety agreements with Upper Merion Township to ensure the completion of the improvements shown on said development plan.
B.
The development of the tract and the operation of the uses therein shall be in accordance with a unified plan.
C.
A conveyance of a parcel within the development plan area shall be lawful upon compliance with the following conditions as certified by the Board of Supervisors:
(1)
The development plan shall show a physical relationship between the area to be conveyed, the remaining area covered by the development plan and the common areas so that each area is dependent upon the other and so that the area to be conveyed lacks the facilities to conduct an independent separate commercial operation.
(2)
Any transferee as aforesaid shall have a substantial economic interest in the operation of the shopping center development as an integrated unit.
(3)
Documentary evidence shall be filed with the Township which shall affirm to the satisfaction of the Township that:
(a)
The developer, its successors and assigns shall remain responsible for the construction, control and maintenance of the common areas.
(b)
Irrevocable cross easements in favor of and duly binding on all title owners within the area of the development plan, their successors and assigns, as respects the use, control and maintenance of the common areas, are in effect.
(c)
The area to be conveyed shall be conveyed subject to the requirements of the development plan, the obligations and responsibilities as to the common areas and the requirements of the cross easements so that each transferee of title as aforesaid shall be bound by same.
(d)
The developer shall have the authority to enforce the conditions attached to the development plan as well as the sole authority to seek amendments thereto.[2]
[2]
Editor's Note: Original Section 1102, Off-street Parking, Loading and Access Requirements, which immediately followed this section, added 12-22-1959 by Ord. No. 78, and amended 1-31-1977 by Ord. No. 77-368, was repealed 6-15-1987 by Ord. No. 87-516.
D.
Design standards for regional shopping centers. For all regional shopping centers, the following design standards shall apply:
[Added 8-12-1993 by Ord. No. 93-616]
(1)
Parking requirements. A minimum of 5.5 parking spaces shall be required for each 1,000 square feet of gross leasable area within the first 1,000,000 square feet of gross leasable area; 4.5 parking spaces shall be required for each 1,000 square feet of gross leasable area within the second 1,000,000 square feet of gross leasable area; and 4.0 parking spaces shall be required for each 1,000 square feet of gross leasable area in excess of 2,000,000 square feet of gross leasable area.
(2)
Size of parking spaces. The minimum dimensions of parking spaces within a regional shopping center shall be as follows:
(a)
Within 250 feet from shopping center entry portal the size of a parking space shall be nine feet by 17.5 feet.
(b)
Spaces with a minimum size of eight and five-tenths by seventeen and five-tenths (8.5 x 17.5) feet shall be permitted within 150 feet of the perimeter of the right-of-way, provided that such spaces are no closer than 250 feet to any building entrance. In no event shall the number of parking spaces with minimum dimensions of eight and five-tenths by seventeen and five-tenths (8.5 x 17.5) feet be greater than 15% of the total parking spaces required for the entire regional shopping center site.
(3)
Green areas. Regional shopping centers shall provide green areas of not less than 20% of the total area devoted to regional shopping center use, except as such Green Areas may be reduced pursuant to § 165-214.
(4)
Landscaping/shade trees. There shall be a minimum quantity of one shade tree for each 10 parking spaces.
(5)
Height of buildings. No building or structure shall exceed 65 feet, excluding chimneys, cooling towers, elevator housings, mechanical rooms (limited to the minimum number of employees necessary to monitor and operate building utilities), tanks and similar projections.
[1]
Editor's Note: This ordinance also provided that, notwithstanding the terms of § 165-124A, "a conveyance of a parcel within the development plan area may include a portion of the common areas, but only to the extent that such portion is contiguous to the subdivided area, does not project into the common areas in excess of 10 feet and is shown to be necessary to service the outside of any structure which is located on the said portion proposed to be subdivided."