Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XXVIII
NC Neighborhood-Convenience Commercial District
§ 300-504 Legislative intent.
In expansion of the statement of community development objectives contained in § 300-2 of this chapter, it is hereby declared to be the intent of this article with respect to NC Neighborhood-Convenience Commercial Districts to provide for the orderly and planned establishment of retail-commercial and professional office uses needed to meet the convenience shopping and personal service needs of the neighborhoods of the Township and to assure that the type and magnitude of commercial development is compatible with the needs of the Township's growing population and the commercial facilities in adjacent municipalities and to:
A.
Provide attractive and well-designed retail-commercial, professional office and highway-business uses in planned districts, incorporating unified design controls.
B.
Minimize conflicts between said uses and adjacent residential development.
C.
Provide for sufficient and well-related parking facilities, loading areas, signing, illumination, planting areas and buffers to enhance the function and design of Neighborhood-Convenience Commercial Districts in furtherance of the general welfare of the residents of Upper Providence Township.
§ 300-505 Permitted uses.
In an NC Neighborhood-Convenience Commercial District, a building or group of 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.
One of the following uses are permitted on parcels with a minimum lot area of 1/2 acre (21,780 square feet):
(1)
Personal service shops such as barbers, hairdressers, dry cleaners/laundries, and self-service/coin-operated laundry operations. Machine laundry and dry-cleaning plants shall not be permitted within this district; dry-cleaning/laundry establishments are limited to pickup stations only.
(2)
Doctor, dentist, orthodontist or other similar professional office, limited to a sole practitioner, with ancillary staff.
(3)
Business office, limited to a sole practitioner, with ancillary staff.
(4)
Communication antennas.
(5)
An accessory use on the same lot with and customarily incidental to any of the above permitted uses.
B.
Uses permitted on parcels with a minimum lot area of one acre (43,560 square feet):
(1)
Any use or any combination of two of the uses listed within Subsection A of this section. The combination of uses must be within a single building; or
(2)
Any one of the following uses:
(a)
Retail sale of goods in an individual store, including variety and general merchandise, including clothing, food, prescription drugs, household supplies or furnishings, repair or sale of jewelry, watches and clocks, optical goods, repair or sale of household electronics, or the sale and repair of musical, professional or scientific instruments.
(b)
A business or professional office, studio, bank or other financial institution, or public utility office. As regulated by § 300-510, uses within rehabilitated buildings will earn a bonus of 10% additional building coverage and 5% additional impervious coverage.
(c)
Doctor, dentist, orthodontist or other similar professional office with four or fewer practitioners, with ancillary staff.
(d)
Restaurant, cafe or similar establishment.
[1]
Restaurant shall not contain drive-in facilities.
[2]
Curbside pickup facilities are permitted, and any parking spaces associated with or labeled as "curbside" shall not be included as part of the required number of parking spaces under Article XXXII.
[3]
Any parking spaces for curbside pickup facilities must be installed a minimum of 65 feet from the main entry to the restaurant and be contiguous to the building.
(3)
An accessory use on the same lot with and customarily incidental to any of the above permitted uses.
(5)
Conditional uses, per the requirements in § 300-505G, permitted on parcels with a minimum lot area of one acre and with a minimum 200-foot frontage on a road classified as collector or higher by the Upper Providence Township Rights-of-Way Map.[1]
(a)
Drive-in/fast-food restaurants.
[1]
Drive-in/fast-food restaurant hours will be limited to between 6:00 a.m. and 12:00 midnight on any day during the week.
[2]
The drive-in portion of any drive-in/fast-food restaurant shall not be permitted within 100 feet of any lot that is residentially used or zoned.
[3]
Drive-in/fast-food restaurant uses do not include portable food carts, temporary food stands, temporary barbeque stands, outdoor sales of food or any other temporary food vending operation, all of which are prohibited.
(b)
Outdoor eating facilities (i.e., sidewalk cafes). Applicants for this conditional use shall show that the outdoor eating space will not impede pedestrian flow, parking or other traffic.
(d)
Banks or other financial institutions, with drive-through facilities.
(e)
Office buildings or office campus complexes with no more than two buildings.
(f)
Gas stations or other automotive repair facilities, but not including any use which includes vehicle painting and/or vehicular body repair. Except for incidental emergency repair work, vehicle repairs and service are to be conducted indoors.
(g)
An accessory use on the same lot with and customarily incidental to any of the above uses.
[1]
Editor's Note: Said map is on file in the Township offices.
C.
Uses permitted on parcels with a minimum lot area of three acres (130,680 square feet):
(3)
An accessory use on the same lot with and customarily incidental to any of the above permitted uses.
(4)
Conditional uses permitted on parcels with a minimum lot area of three acres (130,680 square feet) and subject to the standards outlined within § 300-505G herein:
(b)
Vehicular sales facilities, which may include vehicle repair, but not vehicular body work, and must meet the following conditions:
[1]
The tract must have at least 200 feet of frontage on a street designated as a collector.
[2]
The tract must be within 1,500 feet of an arterial street.
[3]
Vehicular sales facilities may not be located on any parcel that abuts a tract with residential zoning or use.
[4]
Vehicle delivery shall be conducted on site, or through off-site contract arrangements, but not on public streets or rights-of-way.
[5]
Customer and employee parking areas are clearly identified and not used for vehicle display purposes.
[6]
Except for incidental emergency repair work, vehicle repairs and service are to be conducted indoors.
[7]
Display vehicles shall not be displayed on elevated stands or located within five feet of any property line.
[8]
Accessory uses such as repair facilities or other uses incidental to the primary use of vehicular sales, may not occupy more than 50% of the premises and must be conducted in direct relationship to the principal use.
[9]
Vehicle display space may be reduced to eight feet by 16 feet, and vehicles may be stacked three cars deep without side aisleways. In the first row of a front yard display, vehicles adjacent to the public right-of-way may not be parked or displayed any tighter than achieved with ten-foot wide parking spaces.
(c)
Wholesale sales which may have an associated storage facility or self-service storage facility.
[1]
Deliveries and general servicing cannot typically require tractor-trailer trucks of WB-40 classification or larger.
[2]
The facility does not require a loading dock, forklift, or similar mechanical device for loading/unloading.
[3]
All nonvehicular storage shall be contained within a building or collection of buildings with a similar design and appearance.
[4]
Any building face seen from abutting public streets shall have a generally retail appearance.
[5]
Any storage or sales facilities that have residential uses or zoning immediately adjacent must include a Type 3 buffer on the shared property line.
[6]
Recreational vehicle and automobile storage is permitted outside on no more than 5% of the net lot area; provided, however, that all vehicles stored on site have a current registration with the Commonwealth of Pennsylvania.
[7]
The area set aside for outdoor storage of recreational vehicles or automobiles shall be at least 100 feet from any residentially zoned or used property and shall not be visible from any roadway.
[8]
Maximum building coverage may be increased by 5% if there is no outside storage of recreational vehicles or automobiles, and an additional 5% if maximum impervious coverage is reduced to 65% or less.
[Added 7-20-2015 by Ord. No. 548]
D.
As a secondary use to those listed above, residential units are permitted only above street level on a commercial establishment, with the following restrictions:
(1)
Sufficient parking for all uses is provided in accordance with the requirements of this district and with Article XXXII, Off-Street Parking and Loading.
(2)
In parcels less than one acre (43,560 square feet), two residential units are permitted.
(3)
In parcels larger than one acre (43,560 square feet), no more than three residential units are permitted.
(4)
An accessory use on the same lot with and customarily incidental to any of the above permitted uses is permitted as a conditional use.
E.
Bed-and-breakfast establishments are permitted on any size lot, provided that:
(1)
It is conducted out of an existing single-family building;
(2)
All guest stays are limited to one week or less;
(3)
All parking is provided on the side or in the rear of the building, with none located further forward than the front of the building;
(4)
Two parking spaces shall be provided for the resident innkeeper, one additional space shall be provided for each guest room, and one additional space for each employee during the highest staffing period.
F.
Outdoor storage. The use of outdoor areas for any type of storage is prohibited. The use of semitrailers, metal storage or shipping containers or temporary storage buildings for temporary storage or during a loading or unloading procedure is permitted only in designated loading areas.
G.
Standards for consideration of conditional uses. The Board of Supervisors shall determine that the following standards are met prior to granting approval of a conditional use application:
(1)
The use will not generate a significantly greater amount of traffic volume than those uses permitted within the NC Neighborhood-Convenience Commercial Zoning District herein in the judgment of the Township Board of Supervisors, upon recommendation of the Township Engineer and Traffic Consultant, based upon the submission of a traffic impact study, as per the requirements of § 300-506A(6) herein.
(2)
The use shall not generate noise, noxious odors, air pollution or glare nor result in pedestrian-vehicular conflict or other safety hazards.
(3)
Any necessary loading and unloading operations shall be carried on within or contiguous to the facade of any conditional use structure.
§ 300-506 District regulations.
The following regulations shall apply in the NC Neighborhood-Convenience Commercial District:
A.
General regulations. The following general regulations shall apply for any development proposal within the NC Neighborhood-Convenience Commercial District:
(1)
The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan. The tract of ground proposed for development shall not be divided by a public or private road or other major physical feature which prevents unity of the development. The transfer of ownership prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owners and the Board of Supervisors.
(2)
Sewer and water facilities. The tract of land shall be served by public water facilities and public sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(3)
Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 270, Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4)
Development stages and permits. The development of a tract, carried out in either a single phase or in stages, shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
(5)
Market area study and neighborhood impact analysis. Any request for a rezoning to this district shall be accompanied by a market area study and neighborhood impact analysis (see § 300-508 herein) prepared by a qualified professional(s). The purposes of these studies are to:
(a)
Ensure that the proposed development will be supported by the existing and expected population growth in the neighborhood in question.
(b)
Ensure that the proposed development will not be in conflict with existing and planned commercial facilities in the immediate neighborhood, the Township and in adjacent municipalities, if applicable.
(c)
Ensure that the proposed development will be compatible with the existing and planned character of the neighborhood in question.
(6)
Any application for development in the NC Commercial District or for any request for rezoning to this district shall be accompanied by a traffic impact study prepared by a qualified professional traffic engineer or transportation planner and shall be prepared in accordance with the requirements outlined in § 300-438E of this chapter; provided, however, that for uses which are proposed to contain less than 10,000 square feet of gross floor area and which are projected to generate less than 100 peak-hour trips in either the morning or afternoon peak hour, the Township may permit the applicant to limit its traffic impact study to an analysis of the proposed driveway(s), which shall consider, at a minimum, the location, configuration and traffic expected to use the driveway(s) at the time of highest peak-hour demand. Additional information may be required at the discretion of the Township.
B.
Site development requirements. The development of sites for the permitted uses in this district in § 300-505 shall comply with the development requirements set forth below:
(1)
Building setback requirements.
(a)
On parcels with a minimum lot area of 1/2 acre (21,780 square feet):
[1]
Front yard: 25 feet.
[2]
Side yard: a minimum of 10 feet per side, with a combined total of 20 feet. Any side yard abutting a residentially zoned tract shall be, at a minimum, 15 feet, with the aggregate increased to 30 feet.
[3]
Rear yard: 25 feet. Any rear yard abutting a residentially zoned tract shall be, at a minimum, 40 feet.
(b)
On parcels with a minimum lot area of one acre (43,560 square feet):
[1]
Front yard: 35 feet.
[2]
Side yard: a minimum of 10 feet per side, with a combined total of 20 feet. Any side yard abutting a residentially zoned tract shall be, at a minimum, 20 feet, with the aggregate increased to 40 feet.
[3]
Rear yard: 35 feet. Any rear yard abutting a residentially zoned tract shall be, at a minimum, 40 feet.
(2)
Parking area setbacks.
(c)
On parcels with a minimum lot area of three acres (130,680 square feet):
[1]
Front: 25 feet. Setback may be lowered to 20 feet, provided a knee wall separating the parking spaces from the street is installed.
[2]
Side: 15 feet per side. Buffer Type 1 regulations shall apply.
[Amended 2-16-2016 by Ord. No. 551]
[3]
Rear: 20 feet. On any lot abutting a residentially zoned tract, the minimum rear parking setback shall be 35 feet, unless the applicant installs an opaque fence or wall six feet in height.
[b]
Installation of a fence shall include the installation of plantings facing the residential property to buffer and soften the fence's appearance; the developer/land owner must ensure that access to the landscaping for maintenance purposes is provided, and it shall be the responsibility of the landowner of the development within the NC District's to maintain the buffer.
[c]
Buffer Type 3 regulations shall apply, with the exception of the width requirement and the requirement for berms. [See § 270-68D(5), Chapter 270, Subdivision and Land Development, for specific planting requirements.]
(6)
Maximum building height (any parcel size): 35 feet.
(7)
When multiple buildings are proposed, building spacing shall be no less than 25 feet at the closest points.
C.
Other development regulations. The following development regulations shall be followed for all proposed development within the NC District:
(1)
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2)
Signs. All signs in the NC District shall be subject to the requirements of Article XXXIII of this chapter.
(3)
Access. Provisions shall be made for safe and efficient ingress and egress to and from public streets and highways serving the NC district development without causing undue confusion or interference with the normal traffic flow. The Planning Commission shall satisfy itself concerning the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed NC District development, as well as the street frontage of the proposed development.
(4)
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of § 270-76 of Chapter 270, Subdivision and Land Development, of the Code of the Township.
(a)
Light fixtures within 250 feet of any residentially zoned or used property may not exceed 16 feet in height.
(5)
Landscaped planting. Shade trees in accordance with § 270-68C of Chapter 270, Subdivision and Land Development, and other plantings shall be provided along any street frontage occupied by an NC District development.
(a)
Buffer requirements.
[1]
When abutting a residentially zoned property, a Buffer Type 3 is required. [See § 270-68D(5), Chapter 270, Subdivision and Land Development, for specific planting requirements.]
[2]
In any side yard or rear yard, when not abutting a residentially zoned property, a Buffer Type 1 is required.
[3]
If the development is proposing shared parking, as detailed in Subsection C(9), herein, any intervening islands or green areas are not required to have the Buffer Type 1; however, the shade tree requirement and other parking lot landscaping detailed in § 270-68E of Chapter 270, Subdivision and Land Development, are still required.
(6)
Trash and refuse areas. The design of buildings in the NC District shall include either a provision for the storage of trash, refuse and garbage inside the building(s) or within a masonry-walled area outside the building(s). The walls of such a trash and refuse area must shield the trash and refuse from the direct view of any adjacent property and must be at least six feet high.
(7)
Amenity areas. The developer shall be encouraged to provide amenity areas for community or client use, such as tot lots, playgrounds, benches, sitting areas and other services necessary for the comfort and convenience of the prospective users of the NC District development.
(8)
Off-street parking and loading facilities. All off-street parking and loading facilities shall comply with the requirements of Article XXXII of this chapter except as stated in this section. For any development in this zoning district with more than three acres of net tract area, parking may be provided at a ratio of 4.5 spaces per 1,000 square feet of gross floor area; provided, however, the Township reserves the right to require additional parking if certain uses known to generate higher parking needs are proposed in the center. In no case shall the parking required exceed the aggregate number of spaces which would otherwise be required by applying the individual standards in Article XXXII to each of the uses in the center.
[Amended 2-16-2016 by Ord. No. 551]
(9)
Shared parking. To lessen impervious coverage and improve traffic flow, shared parking is encouraged in all NC developments.
(a)
Applications for use of shared parking are encouraged in the NC District. In those instances wherein shared parking is proposed, the requirements of § 300-578 of this chapter shall apply; provided, however, that a special exception need not be secured. Adequate documentation to substantiate a reduction in the parking shall be submitted with an applicant's subdivision and/or land development application for review and approval by the Township based upon the recommendation of the Township Engineer and Traffic Consultant. In addition, proper cross easement agreements and liability indemnification shall be provided to the satisfaction of the Township Solicitor.
(b)
For those applications for shared parking, the individual lots may increase their impervious coverage an additional 5% above the maximum permitted in § 300-506B(5), herein. In addition, adjoining lots may aggregate the impervious coverage as though there were no lot lines. Impervious coverage may be exceeded for an individual lot as long as the maximum allowable is not exceeded for the aggregated lots.
(11)
Parcels which provide lot area and construct an internal accessway, independent of parking, for public use within the parcel may increase impervious coverage by 5% above that which is permitted herein.
[Added 2-16-2016 by Ord. No. 551]
§ 300-507 Plan submission requirements.
All proposals for development within the NC District shall comply with the pertinent requirements of Chapter 270, Subdivision and Land Development, concerning nonresidential developments. In addition to those requirements, architectural renderings or elevations of all facades must be submitted with the land development application for any applications for development in the NC District,.
§ 300-508 Contents of market area study and neighborhood impact analysis.
The following minimum information shall be contained in a market area study and neighborhood impact analysis:
A.
Market area study:
(1)
A description of the commercial establishment(s) proposed, the approximate number of employees anticipated for each establishment and the sales volumes anticipated for each establishment.
(2)
A delineation of the proposed neighborhood market area.
(3)
An estimate of the population and number of households existing now and anticipated in the future within the defined neighborhood market area.
(4)
Per capita or household estimates of the demand for the goods and services proposed for the development and estimates of the total existing and anticipated demand within the defined neighborhood market area for each proposed good and service.
(5)
The location and size of commercial establishments within or near the defined neighborhood market area that could compete with the proposed development.
(6)
Estimates of net customer buying power or net demand for each commercial establishment in the proposed development.
(7)
The market impact shall include a fiscal impact component which must detail the immediate postconstruction financial benefit or loss to the Township, school district and county that can be expected from the proposed development.
(a)
At the discretion of the Board of Supervisors, it may be required that the fiscal impact provide a five-year detail of financial benefit or loss to the Township, school district and county.
B.
Neighborhood impact analysis:
(1)
The conformance of the proposed development with the Comprehensive Plan of Upper Providence Township and its compatibility with existing and proposed land uses adjacent to the site.
(2)
The impact on any existing floodplains, heavily wooded areas, rock outcroppings, steep slopes and other sensitive natural features, if any.
(3)
The impact on the Township and regional transportation system and the ability of adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development.
(4)
The impact on public utilities, including but not limited to sewage disposal, garbage and rubbish disposal, water supply, storm drainage and electrical utilities.
(5)
The impact on the provision of police and fire protection for the proposed development.
(6)
The impact upon the character of the surrounding neighborhood. The applicant must show that the proposed development will not adversely affect the neighborhood by reason of noise, odors, smoke, glare or vibration.
§ 300-509 Evaluation of market area study and neighborhood impact analysis.
The market area study and neighborhood impact analysis required in § 300-506A(5) shall be evaluated to determine the appropriateness of the site in question to accommodate the magnitude of commercial development proposed, as well as the impact of the proposed development on the community facilities and services of Upper Providence Township. The following alternative findings shall result from the evaluation process:
A.
Evaluations which lead to an overall negative assessment for a proposed development shall lead to a denial by the Board.
B.
Evaluations which lead to an overall negative assessment for a proposed development may lead to a conditional approval by the Board, either when the developer agrees to undertake activities or improvements which will compensate or correct deficiencies or negative impacts caused by the implementation of the proposed development or when the developer agrees to implement the proposed development at a reduced square footage of gross leasable area, as specified by the Board.
C.
Evaluations which lead to an overall positive or neutral assessment for a proposed development shall lead to an approval by the Board.
§ 300-510 Preservation of existing buildings.
The retention of existing residential buildings in the NC District for reuse in accordance with the provisions of the district is encouraged. In instances where this is done, the applicable building coverage requirement in § 300-506B may be increased up to 10% and the applicable impervious coverage in that section may be increased up to 5%; provided, however, that the following requirements are met:
A.
At least 80% of the building must be retained to qualify for the increased coverage offered by this section.
B.
Any building which faces a public street(s) shall not be expanded toward that street(s), except for the addition of a front porch consistent in architectural style to the existing building. All applicable setback requirements for the porch shall be met.
C.
Expansion may be permitted to the side or rear of the building, provided that any expansion to the side begins a minimum of 10 feet back from the front of the building, and further provided that all applicable setback requirements shall be met.
D.
The design of any building expansion and the proposed roofline shall be architecturally compatible with the existing building.
§ 300-511 Special regulations for split properties.
Lots located in the NC District which are split by a district boundary line with an abutting residential district shall be permitted to transfer certain development rights, when authorized as a conditional use by the Board of Supervisors, from the other zoning district into the NC District on the same lot, provided that the following criteria are met:
A.
For each acre or portion thereof which is deed restricted for open space, an area equal to 20% building coverage and 50% impervious coverage of the area deed restricted may be transferred and added to the NC District portion; provided, however, that in no event shall the resulting building coverage exceed 30%, nor shall the impervious coverage exceed 90% on the portion of the lot zoned NC.
B.
All other setback and development requirements shall be adhered to.
§ 300-512 Change of use.
Whenever there is a change of use in the NC District which requires additional parking to be provided, a land development plan shall be submitted to the Township for approval in accordance with the requirements of Chapter 270, Subdivision and Land Development