The zoning intent of this district is to provide
for the highway impact upon adjacent properties, the irregular configuration
of property lines of residential subdivisions, highway adjacent property
and street intersections and to provide for low-density and low-intensity
commercial services and office uses.
[Amended 1-28-2002 by Ord. No. 01-140Z]
A.
Any use permitted as indicated in Table 230-A, Table
of Permitted Uses.[1]
[1]
Editor's Note: Appendix Table 230-A, Table
of Permitted Uses, is included at the end of this chapter.
B.
A dwelling unit combined with a business or professional
office. personal service shop, including tailor, barber, beauty salon,
shoe repair or dressmaking shop, but excluding retail or wholesale
sales of merchandise and when combined as an integral part of the
same structure.
D.
Accessory uses on the same lot with and customarily
incidental to any permitted use.
[Amended 3-28-2016 by Ord. No. 15-293Z]
The maximum height of any building or structure shall be 35
feet, except a building or structure used for the congregate care/independent
senior living use, which building or structure shall have a maximum
height of 40 feet and shall not exceed three stories.
Area, width and yard requirements for residential uses shall comply with the requirements of § 230-33 of this chapter. Commercial uses or residential dwelling units combined with commercial uses shall comply with the following requirements:
A.
Minimum lot size. The minimum lot size permitted shall
be 20,000 square feet.
B.
Minimum lot width. The minimum lot width at the building
line shall be 60 feet. The minimum lot width at the street line shall
be 60 feet.
C.
Building coverage. The maximum building coverage of any lot shall
not exceed 15% of the total lot area. Notwithstanding the foregoing,
the maximum building coverage of any congregate care/independent senior
living use shall not exceed 25% of the total lot area.
[Amended 3-28-2016 by Ord. No. 15-293Z]
D.
Minimum yard setbacks. The minimum yard setbacks shall
be:
(1)
Front yard: 60 feet.
(2)
Side yard:
(a)
Interior lots: two side yards each not less
than 20 feet.
(b)
Corner lots: shall have two side yards, the street side setback
not less than 40 feet and the adjoining lot side not less than 20
feet. Notwithstanding the foregoing, where any congregate care/independent
senior living use is located on a corner lot the front yard setback
shall be permitted to be reduced to not less than 35 feet.
[Amended 3-28-2016 by Ord. No. 15-293Z]
(3)
Rear yard: 20 feet.
E.
Impervious material coverage. The maximum impervious
material coverage, including building and parking area, shall not
exceed 75% of the total lot area.
[Added 6-2-1986 by Ord. No. 17-029]
F.
Green area coverage. The minimum land area devoted
to green vegetative cover shall not be less than 25% of the total
lot area.
[Added 6-2-1986 by Ord. No. 17-029]
G.
Congregate care/independent senior living density. A congregate care/independent
senior living use shall be limited to no more than 20 suites per gross
acre (and may be proportioned for partial acres), plus two manager
dwelling units.
[Added 3-28-2016 by Ord.
No. 15-293Z]
The following special regulations shall apply
as a condition of use:
A.
Landscaping and screening. All landscaping, screening and buffering shall be installed in accordance with the provisions of the Montgomery Township Subdivision Ordinance, No. 18, Chapter 205, Article VI. Lots within this District used for residential dwellings only are excluded from these provisions but will be subject to the provisions of the R-2 Residential District landscaping and screening requirements.
[Amended 8-3-1987 by Ord. No. 17-033]
B.
Parking regulations.
[Amended 1-28-2002 by Ord. No. 01-140Z; 3-28-2016 by Ord. No. 15-293Z]
(1)
No parking to serve lots for business office or professional use
shall be permitted within the area between the street line and any
building or in the front yard, including extension of a line from
the building to the full width of the lot, nor within 15 feet of the
side or rear boundary lines of any property lot, except for a congregate
care/independent senior living use, which shall be permitted to have
parking: (i) in the front yard, provided that such parking is set
back from the street line by no less than 15 feet; (ii) within an
area between the building and 15 feet from the street line in a side
yard on a corner lot; and/or (iii) at least 15 feet from any side
or rear boundary lines. In the event that there is not adequate space
for a business office or professional use in the rear of the lot and
on either side of the lot to provide all the parking required for
the use to occur on the property, then to the extent that there is
not adequate space in the rear and side yards, supplemental parking
may be allowed in the front yard (no less than 20 feet from the street
line), if authorized by special exception granted by the Zoning Hearing
Board, after hearing.
(2)
The minimum number of parking spaces shall be equal to one space
for each 200 square feet of service area or part thereof or for each
patron seat. For medical, dental or similar practitioners or in case
of principal or branch offices of insurance companies, the minimum
number of parking spaces shall be one space for each 100 square feet
of service area. But in all cases, except for a congregate care/independent
senior living use, the minimum required parking shall not be less
than one parking space for every 200 square feet of total floor area.
Notwithstanding the foregoing, the minimum number of parking spaces
for a congregate care/independent senior living use shall be no less
than 0.6 parking spaces per suite.
C.
Architecture style and facade treatment. Architectural
style and facade treatment of any building shall be residential in
character and shall be designed and constructed to be consistent and
complementary to buildings in the surrounding vicinity.
[Amended 5-27-2008 by Ord. No. 08-230Z]
D.
Hours of operation. Permitted uses involving patron,
patient or client visitation shall limit said visitations to the hours
between 8:00 a.m. and 10:00 p.m., prevailing time.
E.
Outdoor lighting. Outdoor lighting shall be of low intensity from
a source no higher than 10 feet from ground level and shielded from
surrounding residential property. The exception to this requirement
is for outdoor lighting for a congregate care/independent senior living
use, wherein such lighting shall be of a low intensity from a source
no higher than 14 feet from ground level and shielded from surrounding
residential property.
[Amended 7-25-2016 by Ord. No. 16-296Z]
F.
Entrance- and accessways. All entrance- and accessways
shall be of sufficient width, with widened radii where they meet the
sides of the roads and highways, to conveniently and safely accommodate
the flow of traffic. The locations of entranceways shall be subject
to the approval of the Board of Supervisors. The entrance- and accessways
shall be designed, constructed and maintained to provide safe and
efficient ingress and egress for traffic without undue congestion
or interference with the normal traffic flow on the abutting streets
and highways.
[Added 7-27-1981 by Ord. No. 17-015]
G.
If deemed appropriate by the Board of Supervisors
and approved by the Pennsylvania Department of Transportation when
required, the developer shall be required to widen paved road frontage
abutting the site, install curbing along the same and/or build acceleration
and deceleration lanes to provide for the safe and efficient ingress
and egress of motor vehicles.
[Added 7-27-1981 by Ord. No. 17-015]
H.
Safe and efficient ingress and egress is to be provided
to and from public streets serving the site without undue congestion
or interference with traffic flow within the Township.
[Added 7-27-1981 by Ord. No. 17-015]
I.
Outdoor storage. No outside storage or display of
merchandise, materials, equipment, products, parts or commodities
shall be permitted outside of the main or accessory building or structure.
[Added 11-18-1985 by Ord. No. 17-028]
J.
Waste disposal.
[Added 11-18-1985 by Ord. No. 17-028]
(1)
No waste, rubbish and discarded materials shall be
stored outside of the building unless it is placed within a completely
fenced-in area so as to conceal the materials.
(2)
No materials or wastes should be deposited upon a
lot in such form or manner that may be transferred off the lot by
natural causes or forces.
(3)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only in
closed containers.
K.
Special regulations where a BP District property shall abut a residential zoning district. In addition to the regulations of this article, the following regulations shall also apply to all properties within the BP District. However, where the proposed BP District use is a congregate care/independent senior living facility, and the adjoining residential land is utilized for a golf course or open space, any conflict between the regulations of this subsection and the regulations governing congregate care/independent senior living use facilities, the regulations governing congregate care/independent senior living facilities shall control. Additionally, Subsection K(1), (2), (3), (4), (7), (8), and (10) of this subsection shall not apply to congregate care/independent senior living facilities that adjoin residential land utilized for a golf course or open space.
[Added 11-26-2007 by Ord. No. 07-222Z; amended 5-27-2008 by Ord. No. 08-230Z; 3-28-2016 by Ord. No. 15-293Z]
(1)
No building shall exceed a height of two stories.
(2)
No building shall exceed a single floor area of 5,000
square feet nor exceed a total floor area of 7,500 square feet. For
the purposes of this section, basements limited to the use of storage
or accessory heating, ventilating and air-conditioning equipment shall
not be counted as a part of the floor area limitation.
(3)
In the case of more than one building on a single
lot, no two buildings shall be separated by a distance less than the
height of the taller building.
(4)
The minimum required front yard shall be no less than
40 feet.
(5)
Buildings used for nonresidential purposes situated
less than 150 feet from an abutting residential zoning district boundary
shall be limited to one story and a building height of not greater
than 20 feet. This requirement shall not apply when the common boundary
between a residential zoning district and a BP District is at or within
the ultimate right-of-way of a public street.
(6)
Commercial satellite dish antennas, wireless telephone
antennas, broadcast radio and/or broadcast television antennas shall
be prohibited.
(7)
There shall be a permanent landscape buffer area along
a residential zoning district boundary of not less than 50 feet. No
buildings, parking or driveways, lights, signs or other aboveground
structures shall be permitted within the buffer area with the exception
of unpaved trails.
(8)
A screen buffer in accordance with § 205-52C of the Montgomery Township Subdivision and Land Development Ordinance shall be provided at a minimum width of 20 feet where the BP District shall abut a residential district.
(9)
Section 230-83C, "Architectural style and facade treatment," shall apply to all facades of a building.
(10)
Areas of off-street parking may be located between
the building and the adjacent public street(s) but in no event shall
be located within the minimum required front yard.
(11)
Notwithstanding Article XVIII, Signs, the only business signs permitted shall be as follows:
(a)
Only freestanding monument signs shall be permitted
which shall not exceed a maximum sign height of six feet above the
mean grade at the base of the sign on which the sign is placed.
(b)
A maximum of one sign shall be permitted at
each access drive from an adjoining street which shall be positioned
at least five feet behind the ultimate right-of-way line.
(c)
The maximum sign area of each sign shall not
exceed 24 square feet for a single business or use or a maximum of
30 square feet for multiple businesses or uses, including those signs
which shall serve two or more lots or buildings.
(d)
Changeable copy signs shall be prohibited.
Development of a BP Business Office and Professional District for other than residential uses shall require the submission and approval by the Montgomery Township Board of Supervisors of a site development plan. No permit shall be issued and no use begun unless approved by Board of Supervisors after it has determined compliance with all requirements of this article XIV.
