Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XXIX
CRSC Community and Regional Shopping Center District
§ 300-523 Legislative intent.
A.
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 CRSC Community and Regional Shopping Center Districts to provide for the logical and timely development of planned community-level retail commercial centers, incorporating office, entertainment and highway-business uses to serve the shopping and service needs of the Township's population growth and planned regional-level retail commercial centers as a conditional use to serve the expanding regional market of the Lower Perkiomen Valley area in accordance with the policies set forth in the Upper Providence Township Comprehensive Plan. Furthermore, it is the intent of this district to require the preparation of a market area study and community impact analysis by prospective applicants for community and regional shopping center development in order to:
(1)
Minimize conflicts between the proposed development and the adjacent neighborhoods.
(2)
Ensure that proposed shopping centers can be supported by the expected market area they are designed to serve.
(3)
Avoid detrimental competition with existing commercial facilities and shopping centers within both the Township and in adjacent municipalities.
(4)
Avoid congestion and hazardous traffic conditions as a result of the development of proposed shopping centers.
B.
Finally, it is the intent of this district to ensure that proposed shopping centers are developed in accordance with a unified, overall site development plan, including reserve areas for possible future expansion, coordinated internal and external vehicular and pedestrian circulation systems, well-related, convenient and efficient parking and loading areas, agreeable surroundings that provide comfort, safety and convenience for prospective customers and high-quality design in terms of building relationship, facade treatment, signing, lighting and landscaped and planted buffers and screens, as well as other natural and constructed amenities in furtherance of the general welfare of prospective shopping center customers and of the residents of Upper Providence Township.
§ 300-524 Permitted uses.
[Amended 2-19-1985 by Ord. No. 246; 9-17-1990 by Ord. No. 301]
In the CRSC Community and Regional Shopping Center 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.
A community shopping center incorporating the following uses:
(1)
A retail store, food market, garden shop or personal service shop, excluding an automobile sales outlet.
(2)
A financial institution, studio and office for professional use or general business activity.
[Amended 6-17-2024 by Ord. No. 606]
(3)
A medical and dental clinic for the treatment of humans.
(4)
A restaurant (including live entertainment), catering service, when coincidental to a restaurant use, a fast-casual restaurant and a coffee shop.
[Amended 6-17-2024 by Ord. No. 606]
(5)
A bakery, confectionery or custom shop for the production of articles to be sold at retail, only on the premises, and not employing more than 10 persons at any one time.
(6)
A church, library, post office, educational facility, community center for cultural or recreational activities, theater for motion picture or stage productions (excluding an outdoor motion-picture establishment) or assembly hall.
(7)
Day-care center.
[Amended 10-17-2005 by Ord. No. 451]
(8)
A passenger station for public transportation.
(9)
Structured parking for the use of employees and patrons of the proposed shopping center.
(10)
An accessory use on the same lot with and customarily incidental to any of the above permitted uses, including activities other than sales and services and accommodations for watchmen or caretakers.
(11)
Communications antennas, in accordance with the provisions of § 300-25, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings.
[Added 6-1-1998 by Ord. No. 372]
(12)
Helistop, subject to the provisions of § 300-24 of this chapter.
[Added 8-6-2001 by Ord. No. 405]
(13)
Indoor fitness, recreation, or entertainment use.
[Added 11-6-2006 by Ord. No. 468; amended 6-17-2024 by Ord. No. 606]
B.
The following uses, in conjunction with a shopping center development, when authorized as a conditional use by the Board of Supervisors, subject to the specific standards set forth in this article and in § 300-60.
[Amended 11-6-2006 by Ord. No. 468; 6-17-2024 by Ord. No. 606]
(1)
A regional shopping center in accordance with the requirements of § 300-525B and incorporating the uses set forth in this district.
(2)
A hotel or motel, provided that every room shall include a bathroom and each room and bath shall have a total minimum usable floor area of not less than 200 square feet.
(3)
A gasoline service station.
(4)
A car wash, provided that no portion of the lot used for washing shall be closer than 100 feet to an abutting residential or institutional district boundary line and all washing operations shall be conducted within an enclosed building or structure.
C.
As a special exception only, communications antennas mounted on a communications tower and communications equipment buildings, only upon a showing, in addition to any other that may be required under this chapter, that denial of such a special exception would have the effect of prohibiting the provision of personal wireless service and that it is not feasible to mount the communications antenna on an existing public utility transmission tower, existing building or other existing structure. Communications antennas shall conform to the requirements of § 300-25, and communications towers shall conform to the requirements of § 300-25.
[Added 6-1-1998 by Ord. No. 372]
§ 300-525 District regulations.
The following regulations shall apply in the CRSC District:
A.
General regulations. The following general regulations shall apply for any development proposal within the CRSC District:
(1)
Ownership. 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.
[Amended 2-21-1978 by Ord. No. 197; 12-16-1991 by Ord. No. 307; 6-17-2024 by Ord. No. 606]
(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 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 community impact analysis. Any application for development in the CRSC District or for any request for a rezoning to this district shall be accompanied by a market area study and community impact analysis (see § 300-527 herein) prepared by qualified professional(s). The purposes of these studies are to:
[Amended 12-16-1991 by Ord. No. 307]
(a)
Ensure that the proposed development will be supported by the existing and expected population growth in the Township and in the Lower Perkiomen Valley area.
(b)
Ensure that the proposed development will be compatible with the existing and planned character of the immediate neighborhood and the Township.
(c)
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.
(6)
A request for a CRSC zoning classification of a property shall be accompanied by a development proposal and plan and by a market area study and a community impact analysis as above required and in the event that the proposal involves a regional shopping center, by a request for a conditional use approval. The Board of Supervisors shall hear and shall act upon all of the submissions concurrently.
B.
Site development requirements. The development of sites for either a community or regional shopping center shall comply with the development requirements set forth on the accompanying chart.
[Added 11-6-2006 by Ord. No. 468; 12-4-2006 by Ord. No. 470; 6-17-2024 by Ord. No. 606]
Site Development Requirements in the CRSC Community and Regional Shopping Center District | ||
|---|---|---|
Site Development Requirements | Community Shopping Center | Regional Shopping Center |
Minimum tract sizea (acres) | 10 | 75 |
Minimum gross leasable area (square feet) | 100,000 | 600,000 |
Minimum frontageb (feet) | 450 | 600 |
Minimum building setbacksc (feet) | 1001 | 2501 |
752 | 2002 | |
503 | 1003 | |
1004 | ||
Minimum parking setbacksd (feet) | 251 | 501 |
502 | 752 | |
253 | 503 | |
04 | 04 | |
Maximum building coverage | 25% | 25% |
Maximum impervious coveragee | 80% | 80% |
Maximum height (feet) | 55 | 65 |
NOTES: | ||
|---|---|---|
a | Excluding the rights-of-way of existing public roads. | |
b | Measured along the ultimate right-of-way line. | |
c | Measured from: | |
1 | The ultimate right-of-way line. | |
2 | An abutting residential or institutional district boundary line. | |
3 | An abutting commercial or industrial district boundary line. | |
4 | The ultimate right-of-way line of a limited access highway (Route 422 Expressway). | |
d | Measured from: | |
1 | The ultimate right-of-way line. | |
2 | An abutting residential or institutional district boundary line. | |
3 | An abutting commercial or industrial district boundary line. | |
4 | With shared parking and loading facilities. | |
e | The total paved and built-up area of a tract. | |
C.
Other development regulations. The following development regulations shall be complied with for any proposed development within the CRSC District:
(1)
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2)
Signs. All signs in the CRSC District shall be subject to the requirements of Article XXXIII, Signs, of this chapter.
(3)
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the CRSC development without causing undue confusion or interference with the normal traffic flow. The Planning Commission, with the advice of the Township Engineer, shall satisfy itself concerning the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed CRSC development, as well as to 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 Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-76.
[Amended 6-3-2002 by Ord. No. 416]
(5)
Landscaped planting and buffer areas. Along a side or rear property line which is adjacent to a residential or institutional district, the owner shall place and maintain a Buffer Type 3 as described in § 270-68D(5) of Chapter 270, Subdivision and Land Development.
[Amended 8-1-2011 by Ord. No. 517]
(6)
Trash and refuse areas. The design of buildings in the CRSC District shall include either a provision for the storage of trash, refuse and garbage inside the building(s) or within a walled area outside the building(s). The walls of such a trash and refuse area must shield the trash and refuse from direct view of any adjacent property and must be at least six feet in height.
(7)
Amenity areas. The developer shall be encouraged to provide amenity areas for community or customer use, such as tot-lots, playgrounds, benches, sitting areas and other services necessary for the comfort and convenience of the prospective users of the CRSC development.
(8)
Off-street parking and loading facilities. A CRSC development shall provide a minimum of four parking spaces for each 1,000 square feet of gross leasable area (GLA) or fraction thereof.
[Amended 2-7-2005 by Ord. No. 448; 6-17-2024 by Ord. No. 606]
(9)
Minimum distance between buildings or building groups. The minimum distance between a building or group of buildings shall be 25 feet, except that all structures connected by common roof lines or covered walkways shall be considered as one building.
§ 300-526 Plan submission requirements.
All proposals for development within the CRSC District shall comply with the pertinent requirements of Chapter 270, Subdivision and Land Development, concerning nonresidential developments.
§ 300-527 Contents of market area study and community impact analysis.
The following minimum information shall be contained in a market area study and a community 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 community or regional market area.
(3)
An estimate of the population and number of households existing now and anticipated in the next 10 years within the defined community or regional 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 community or regional market area for each proposed good and service.
(5)
The location and size of commercial establishments within or near the defined community or regional market area.
(6)
Estimates of net customer buying power or net demand for each commercial establishment in the proposed development.
B.
Community 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 electric 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 or vibration.
§ 300-528 Evaluation of market area study and community impact analysis.
The market area study and community impact analysis required in § 300-525A(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.
§ 300-529 Residential Use Group-4 (RUG-4).
[Added 6-17-2024 by Ord. No. 606]
A.
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 the CRSC Community and Regional Shopping Center District to establish reasonable controls and standards of performance for stacked townhome uses in the Route 29 corridor in proximity to the Township's municipal and recreational facilities.
B.
Tract requirements and permitted uses.
(1)
RUG-4 shall be permitted on parcels of land zoned CRSC Community and Regional Shopping Center that meet the following criteria:
(a)
The entire tract is located within the CRSC District.
(b)
An RUG-4 uses shall be developed in conjunction with a community or regional shopping center and the entire tract shall have a total minimum area of 25 gross acres.
(c)
A maximum of eight gross acres of the tract may be used for RUG-4 development.
(d)
Common areas and facilities. The provision of certain facilities serving the entire CRSC and RUG-4 development, such as parking lots, interior pedestrianways, driveways or alleys, lighting facilities, landscape planting areas, buffers, open space, recreation facilities, etc., are hereby encouraged and may be located either on individual lots, planned community units or condominium units, or in common areas. In cases where they are provided in common areas, provisions satisfactory to the Board of Supervisors must be made for their perpetual maintenance and care. The use of these facilities may be restricted for particular residents or users of the facilities, where practical, and may be maintained by the developer, a condominium association or similar instrument.
(2)
In an RUG-4, a building may be erected, altered or used and a tract may be used or occupied for any of the following uses and no others:
(a)
Stacked townhomes.
(b)
Recreational uses. In addition to accessory uses customarily incidental to residential use, appropriate accessory uses may be developed in conjunction with the residential use, which may include the following:
(c)
Adaptive reuse of an existing building for either a use permitted in § 300-505B(2) of the Neighborhood Convenience Commercial District or as a community meeting space for the development using the RUG-4 provisions herein, or as a community space available for rental by local organizations.
(3)
Development regulations. The following development regulations shall apply to development under the RUG-4 option:
(a)
Stacked townhomes shall have a setback of five feet from internal development roads, 40 feet from side or rear property lines, and 50 feet from public road right of ways.
(b)
Building coverage may not exceed 25% of the total tract area.
(c)
Impervious coverage may not exceed 75% of the total tract area.
(d)
Stacked townhome buildings may not exceed 170 feet in length.
(e)
Building separation may not be less than 20 feet.
(f)
No parking shall be located closer than 20 feet to a tract boundary or external road right of way.
(g)
Two off-street parking spaces shall be required for each stacked townhome dwelling.
(4)
Landscaped planting. Landscaping shall be considered an integral part of any RUG-4 and shall follow the requirements of Chapter 270 of this Code, Subdivision and Land Development.
(5)
Buffer area. Stacked townhomes use in an RUG-4 development shall provide a permanent landscaped Buffer Type 4, as described in § 270-68D of Chapter 270, Subdivision and Land Development, against side or rear property lines. Existing mature trees or woodland areas may be utilized in place of required plantings, as approved by the Township. Tract buffer area requirements may be included within the required tract setbacks.