Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XXX
M-1 Office and Limited Industrial District
§ 300-539 Legislative intent.
[Amended 11-17-1986 by Ord. No. 262]
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 M-1 Office and Limited Industrial Districts to provide for the orderly and planned establishments of employment-oriented office, research and development and laboratory uses and a variety of nonpolluting industrial uses in both planned centers and on individual sites, that are needed to meet both local and regional employment needs and market demands and that will take advantage of the superior locations and highway accessibility offered by the interchanges of the Pottstown Expressway and the Phoenixville Spur that are proposed to be located within the Township. Furthermore, it is the intent of this article to provide performance standards, setbacks and buffering requirements to ensure that the type and magnitude of office and industrial development will cause minimal negative impact on the surrounding residential neighborhoods and on the sensibilities of local residents. Finally, it is the intent of this article to preserve valuable natural features and other amenities and to reflect the varied site needs of the prospective tenants in furtherance of the general welfare of the residents of Upper Providence Township.
§ 300-540 Permitted uses.
[Amended 6-26-1978 by Ord. No. 204]
In an M-1 Office and Limited Industrial 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 scientific or industrial research, engineering, testing or experimental laboratory or similar establishment for research, training or product development, provided that there is no commercial production of any commodity or substance.
B.
Offices, corporate headquarters and administrative buildings or centers.
C.
Printing, publishing, lithographic and similar processes.
E.
Helistops, subject to the specific requirements set forth in § 300-24 of this chapter.
[Amended 8-6-2001 by Ord. No. 405]
F.
Animal hospitals and kennels.
[Added 4-2-1984 by Ord. No. 240]
G.
Truck repair or auto body/paint shops, vehicle storage or public garages.
[Added 4-2-1984 by Ord. No. 240]
H.
The wholesaling, storage and sale of lumber and other building materials.
[Added 4-2-1984 by Ord. No. 240]
I.
Machine laundry and dry-cleaning plants.
[Added 4-2-1984 by Ord. No. 240]
J.
Creameries or butter- or cheese-making or milk-bottling and distribution stations.
[Added 4-2-1984 by Ord. No. 240]
K.
Accessory uses on the same lot and customarily incidental to any of the above permitted uses, which may include:
(1)
Storage within a completely enclosed building in conjunction with a permitted use.
(2)
A repair shop or maintenance facility normally required for the conduct of industrial operations.
(3)
A cafeteria, recreation facility or other service located within a permitted use and operated for the exclusive use of the occupants of the building.
(4)
Living quarters for watchmen, caretakers or similar employees.
L.
Any use permitted in the CRSC Community and Regional Shopping Center District, provided that the provisions of § 300-525, District regulations, are met, and specifically the site development requirements established for the category "Regional Shopping Center" within said section are utilized.
[Added 3-16-1992 by Ord. No. 309]
(1)
Any Community and Regional Shopping Center must be a portion of a total site containing at least 100 acres in single and separate ownership, or shall be the subject on an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction in accordance with an approved master plan. Seventy-five percent of the site area shall be located within a one-mile radius of an interchange of a limited-access highway. Such one-mile radius shall be measured from the point at which the center of the limited-access highway intersects with the center of a public road connected to the limited-access highway.
(2)
Any property having Community and Regional Shopping Center uses must first file a master plan for the entire property in the form provided in § 300-456, and specifically following the requirements in said section, with the exception of those in Subsections C and E, of this chapter as a prerequisite for approval. In addition, the master plan shall specifically allocate commercial and industrial development areas and delineate separations between uses, as well as required parking associated with each use area, and provide a general landscape and buffer plan and a circulation plan that would segregate automobile and truck traffic from each other as well as commercial access from access to the industrial development areas. Any required buffer areas shall conform to the greater requirement of the CRSC or M-1 District.
(3)
All CRSC uses shall be contiguous and uninterrupted by M-1 uses.
(4)
The following uses shall not be permitted on any portion of a property which is submitted for CRSC uses within the M-1 District:
(5)
Upon approval of a final development plan for CRSC use pursuant to this section, all CRSC uses must be contiguous and shall not exceed 80% of the gross buildable area identified in the master plan, unless the balance of M-1 uses shall terminate within two years from the date which the development attained 80% occupancy by CRSC uses.
(6)
In the case of a property used for CRSC development pursuant to this section, whenever any M-1 use(s) is subject to the performance standards contained in § 300-543 of this chapter, in any instance where reference is made to "the property line" of the development site or "the district boundary line" of the M-1 District, those lines shall be construed to also include the line separating the CRSC uses from the M-1 uses. This line shall be that line separating said uses, as designated on the master plan required pursuant to Subsection L(2) of this section, and as said master plan may be subsequently amended. This line shall be subject to the approval of the Board of Supervisors.
§ 300-541 Special exception uses.
[Added 4-2-1984 by Ord. No. 240]
A.
Adult bookstores, adult motion-picture theaters and adult entertainment cabarets.
(1)
Adult uses shall be permitted only as special exceptions in the M-1 District.
(a)
No such adult use shall be allowed within 1,000 feet of another existing adult use.
(b)
No such adult use shall be located within 1,000 feet of any zoning district which is zoned for residential use.
(c)
No such adult use shall be located within 1,000 feet of a preexisting school or place of worship.
(d)
No such adult use shall be located in any zoning district except an M-1 zoned area by special exception.
(e)
No such adult use shall be deemed to be a permissible change of use as set forth in this chapter.
(2)
Exterior display. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas, from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
B.
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]
§ 300-542 Conditional uses.
[Added 6-26-1978 by Ord. No. 204]
Certain uses may be authorized as conditional uses in the M-1 Office and Limited Industrial District, according to the provisions of this section and § 300-60.
A.
The following may be authorized as a conditional use when incorporated in the M-1 Office and Limited Industrial District, according to the provisions of this section and § 300-60:
[Amended 12-2-1985 by Ord. No. 250; 11-21-1988 by Ord. No. 289]
(1)
A financial institution, studio and office for professional use.
(2)
A medical and dental clinic for the treatment of humans.
(3)
A restaurant.
(4)
Day-care center.
[Amended 10-17-2005 by Ord. No. 451]
(5)
A passenger station for public transportation.
(6)
A gasoline service station, provided that not less than 30,000 square feet of lot area shall be devoted to this use and provided that an attendant is on duty during operating hours.
(7)
A recreational facility.
(8)
A conference center.
(9)
A hotel, when located within a one-mile radius of an interchange of a limited-access highway. Such one-mile radius shall be measured from the point at which the center of the limited-access highway intersects with the center of a public road connected to the limited-access highway.
B.
A wholesale, warehouse, storage or distribution center may be authorized as a conditional use, provided that all of the following criteria are met:
(1)
A minimum lot area of 10 acres per use is provided.
(3)
At least 75% of each lot used for such purpose shall not contain floodplains or slopes in excess of 8%.
(4)
All loading and unloading operations shall be carried on within or contiguous to the facade of any building(s) used for such purpose.
(5)
Satisfactory provisions are made to prevent traffic congestion and hazards resulting from projected truck traffic, as determined by the evaluation of a traffic impact study to be prepared by a professional traffic engineer and/or transportation planner. Minimum guidelines for the preparation of a traffic impact study shall be as listed below, with additional guidelines to be set forth as deemed necessary by the Board of Supervisors:
(a)
The traffic impact on all roadways, intersections and interchanges within a half-mile radius from the edge of the site shall be considered.
(b)
The study shall include a description of the type of operation proposed and the trucking characteristics associated with it.
(c)
Traffic volumes for average daily traffic at peak highway hour(s) and at peak development-generated hour(s) shall be included for all roadways in the study area.
(d)
Documentation of the source(s) of trip generation rates used shall be included.
(e)
An origin and destination analysis for the projected truck traffic shall be included.
(f)
Documentation of any on-site or off-site improvements proposed by the applicant to mitigate any projected adverse impacts shall be enumerated.
(6)
Landscape planting and buffer areas shall be provided as follows:
[Amended 11-17-1986 by Ord. No. 262]
(a)
Along any boundary of a tract used for such purpose which abuts an area in Upper Providence Township or in an adjacent municipality which is not zoned for industrial uses of any type, the requirements in § 300-546F herein shall apply; provided, further, that a minimum of 75% of the landscape material shall consist of evergreen vegetation.
(b)
Along any boundary of a tract used for such purpose which abuts other land zoned M-1 (unless such land is already occupied by another wholesale, warehouse, storage or distribution center), the requirements of § 300-546F herein shall apply; however, a minimum of 25% of the landscape material shall consist of evergreen vegetation.
§ 300-543 Performance standards.
[Amended 6-2-2008 by Ord. No. 490]
Notwithstanding the applicable laws and regulations of the United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, the following performance standards shall be used by the Board of Supervisors, Township Planning Commission and Township Engineer in reviewing the suitability and possible hazardous impacts of a proposed use within the M-1 Office and Limited Industrial District:
A.
In determining whether a proposed use is or may become noxious, hazardous or offensive, the following standards shall apply. The proposed use may not:
(1)
Constitute a nuisance or damage to health or any property by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust in the immediately surrounding area or, in the case of an M-1 Office and Limited Industrial District, beyond the district boundary line.
(2)
Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line or, in the case of an M-1 Office and Limited Industrial District, beyond the district boundary line.
(3)
Endanger surrounding areas by reason of radiation, fire or explosion.
(4)
Produce objectionable heat or glare beyond the property line or, in the case of an M-1 Office and Limited Industrial District, beyond the district boundary line.
(5)
Result in electrical disturbance in nearby residences or adversely affect the operation of equipment other than on the property on which the disturbance is located.
(6)
Discharge any untreated sewage or industrial waste into any stream or the Schuylkill River or otherwise contribute to the pollution of surface or underground waters.
(7)
Endanger the underground water level or supply for other properties.
(8)
Create an objectionable traffic condition on the highway or in an adjacent area or generate a nuisance to surrounding property by reason of truck traffic.
(9)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the environmental quality of the surrounding area.
B.
The applicant shall demonstrate to the Township Engineer that:
(1)
The proposed use(s) will comply with the standards contained in Subsection A herein.
[Amended 11-17-1986 by Ord. No. 262]
(2)
Adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use(s) will not be noxious, hazardous or offensive as defined in Subsection A herein.
[Amended 11-17-1986 by Ord. No. 262]
(3)
The Township Engineer may require, in order to determine that adequate safeguards are provided, that:
(a)
The applicant submit necessary information, impartial expert judgment and written assurances.
(b)
The applicant obtain the advice of appropriate local, state and federal agencies and of private consultants.
(c)
The applicant's proposed use(s) comply with such tests or provide such safeguards as are deemed necessary by the Board of Supervisors, upon the advice of the Township Engineer.
§ 300-544 District regulations.
The following regulations shall apply in the M-1 Office and Limited Industrial District.
A.
General regulations. The following general regulations shall apply for any development proposal within the M-1 Office and Limited Industrial 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. The transfer of ownership to another applicant 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 owner(s) and the Board of Supervisors.
[Amended 12-16-1991 by Ord. No. 307]
(2)
Sewer and water facilities. The tract of land shall be served by public sewer facilities and water 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 also 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.
§ 300-545 Site development requirements.
[Amended 9-20-1982 by Ord. No. 231; 4-2-1984 by Ord. No. 242; 12-2-1985 by Ord. No. 252; 11-17-1986 by Ord. No. 262]
A.
The following site development requirements shall be complied with for a development proposal in the M-1 Office and Limited Industrial District:
[Amended 6-18-1990 by Ord. No. 299; 12-16-1991 by Ord. No. 307]
Site Development Requirements in the M-1 Office and Limited Industrial District | |
|---|---|
Site Development Requirements | Dimensions |
Minimum tracta (acres) | 4 |
Minimum widthb (feet) | 200 |
Minimum building setbacksc (feet) | 751 |
1002 | |
503 | |
04 | |
Minimum parking and loading setbacksd (feet) | NA1 |
502 | |
253 | |
04 | |
Maximum impervious coverage (percent)e | 65 |
Maximum building coverage (percent) | 40 |
Maximum height (feet) | 50 |
NOTES: | ||
|---|---|---|
a | Excluding rights-of-way of existing public roads. | |
b | Measured along the building line. | |
c | Measured from: | |
1 | The ultimate right-of-way lines. | |
2 | An abutting residential or institutional district boundary line. | |
3 | An abutting commercial or industrial district boundary line. | |
4 | With zero lot line development, a building may be constructed so that one wall may be coincidental with one lot line, provided that the requirements of Subsection B herein are met. | |
d | Measured from: | |
1 | The ultimate right-of-way lines. | |
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 developed area of a tract. | |
B.
Front yard parking shall be permitted in the M-1 District only under the following circumstances:
(1)
In the case of multiple buildings which are designed as a single integrated development.
(2)
In the case of single building development, front yard parking shall be permitted for visitor and client use only, provided that this shall represent no more than 25% of the required parking.
(3)
For all uses where parking is installed in the front yard in compliance with the requirements herein, landscaped buffering shall be provided in the area between the parking and the property boundary to the satisfaction of the Township Planning Commission. In such buffer area, earthen berms at a slope no greater than three to one (3:1) shall be required.
C.
Zero lot line development regulations. Zero lot line development is allowed on one side of a property line only. All other setbacks will be a minimum of 50 feet unless a greater setback is prescribed in Subsection A herein. when zero lot line development is utilized, the following regulations shall apply:
(1)
No building wall situated on a lot line shall contain windows, doors, loading areas or other openings.
(2)
The roof shall not be drained toward a wall situated on a lot line.
(3)
No building wall shall be placed on a side lot line, unless access is provided onto the abutting property to allow for the inspection, maintenance and repair of the building wall and foundation. Provision for access shall be guaranteed by irrevocable easement or other legal mechanism, to the satisfaction of the Township Solicitor.
(4)
Structures on abutting lots may be built along their common lot line, creating a party wall between the abutting uses.
§ 300-546 Other development regulations.
The following additional development regulations shall apply for any development proposed in the M-1 Office and Limited Industrial District:
A.
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
B.
Signs. Advertising signs and billboards are permitted as special exception uses in the M-1 Office and Limited Industrial District. All signs in this district, including advertising signs and billboards, shall be subject to the requirements of Article XXXIII, Signs, of this chapter.
[Amended 12-2-1985 by Ord. No. 249]
C.
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the M-1 Office and Limited Industrial District development without causing undue confusion or interference with the normal traffic flow. The Township Planning Commission, with the advice of the Township Engineer, shall satisfy itself as to the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed M-1 Office and Limited Industrial District development, as well as to the street frontage of the proposed development.
D.
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]
E.
Trash and refuse areas. Provision shall be made for the storage of trash, refuse and garbage either inside the building(s) or within a walled area outside the building(s). The walls of such trash and refuse areas must shield the trash and refuse from the direct view of any adjacent property and must be at least six feet in height.
F.
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 2 as described in § 270-68D(5) of Chapter 270, Subdivision and Land Development.
[Amended 8-1-2011 by Ord. No. 517]
G.
Off-street parking and loading facilities. All off-street parking facilities serving a proposed M-1 Office and Limited Industrial District development shall comply with the pertinent requirements of Article XXXII, Off-Street Parking and Loading, hereof. All off-street loading facilities shall comply with § 300-581.
H.
Minimum distance between buildings. 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.
§ 300-547 Plan submission requirements.
All proposals for developments within the M-1 Office and Limited Industrial District shall comply with the pertinent requirements of Chapter 270, Subdivision and Land Development, concerning nonresidential developments.