In expansion of the purposes and community development objectives contained in Article
I, §
230-2, of this chapter, as amended, the primary intent of this district is to provide, as an overlay to the underlying LI Limited Industrial Zoning, an alternative category of land use that permits an appropriate intensity of development for land fronting on Route 309, while it prohibits the spread of intensive general retail/commercial uses that generate high traffic volumes. In addition, other specific intents, purposes and objectives of this district include the following:
A. Encourage lower intensity land uses that are primarily
nonretail or specialty retail in nature.
B. Permit land uses that are compatible with limited
industrial development and are traditionally highway-oriented.
C. Encourage uses that generate low to moderate traffic
volumes, especially uses that produce peak traffic generation at times
other than the abutting highway peak hours and traditional general
retail commercial peak hours.
D. Reduce the adverse effects of driveway intersections
with Route 309 by encouraging businesses to coordinate locations of
individual access points, utilize shared access points where feasible
and desirable, develop an integrated circulation system among adjoining
lots and develop alternative access drives where feasible.
E. Minimize the number of traffic generators along Route
309.
Where authorized as a conditional use, one building
or a group of nonconnected 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. The uses set forth in §
230-215, Use regulations, of the HLI Overlay District. However, a motion-picture theater shall not be permitted.
B. Provided that a property or group of properties has
both at least a second means of access other than Route 309 and no
more than one driveway per two buildings on Route 309: individual
specialty retail uses having a minimum gross floor area of 15,000
square feet and a maximum gross floor area of 45,000 square feet.
(1)
A “specialty retail use” is a retail
use that does not sell general merchandise. A specialty retail use
is characterized by an inventory materially limited to one specific
market segment. By way of example, specialty retail uses include stores
marketing furniture, clothing, electronics, and children's clothing
and accessories. It is not the intention of this definition to be
all-inclusive, but it is part of the specific legislative intent that
a specialty retail use is a use that generates less traffic volume
than a retail store that carries general merchandise including, but
not limited to, supermarkets, building supplies, large volume discount
merchandise stores, among others.
(2)
The square footage of buildings devoted to a
specialty retail use shall be determined by a calculation equal to
75% of the weekday afternoon adjacent street peak hour trip generation
for the largest general office buildings permitted on a lot located
in the HLI-II District. The calculation of the square footage based
upon gross floor area shall adhere to the following formula:
(a)
Calculate the maximum general office buildings
permitted on a building lot in the HLI-II District subject to a maximum
building coverage of 40%;
(b)
Calculate the weekday afternoon adjacent street
peak hour total new trips for general office buildings located in
the HLI-II District, in accordance with the Institute of Transportation
Engineers' Trip Generation Formula for Land Use Code 710, General
Office;
(c)
Reduce the HLI-II general office buildings weekday
afternoon adjacent street peak hour total new trip generation by 25%;
(d)
Increase the reduced new trips by 5% in order
to account for specialty retail interaction trips, in addition to
the new trips generated;
(e)
Divide the total (new plus interaction) trips
by the Institute of Transportation Engineers' Trip Generation Rate
for Land Use Code 814, Specialty Retail, to result in the permitted
size of specialty retail buildings on the building lot; and
(f)
Apply a 25% density increase bonus to the permitted
specialty retail buildings size, if access is limited to one-half
driveway per each building along Pa. Route 309 and one driveway connection
to a road other than Pa. Route 309. If an odd number of buildings
is proposed, then the total number of driveways along Pa. Route 309
will be rounded up to the nearest whole driveway. Only one driveway
connection to a road other than Pa. Route 309 is required.
C. Assisted living facility and/or independent living
units designed for the elderly and restricted to residents of age
55 and over in accordance with the Federal Fair Housing Act, as amended.
The HLI-II Overlay District shall be an overlay
to the LI Limited Industrial District as shown on the Zoning Map.
The following shall apply to the overlay district:
A. The provisions of the HLI-II Overlay District shall
serve as a supplement to the underlying district provisions and, as
such, shall apply only to HLI-II uses.
B. The provisions of this district apply only to LI Limited
Industrial zoned properties fronting on Route 309 as designated by
the Township Zoning Map, as amended. The district shall not apply
to any other LI zoned properties or any other zoned properties.
C. Eligible properties within the HLI-II boundaries may be developed as LI Limited Industrial uses, in compliance with the requirements of Article
XVII, or as HLI-II uses in compliance with the requirements of the HLI-II Overlay District, when authorized as a conditional use.
All applications for development shall comply
with the procedures and standards for conditional use approval contained
in the Township Zoning Ordinance as well as the specific conditional
use standards and criteria which govern the HLI Highway Limited Industrial
Overlay District.
All buildings within an HLI-II development shall
be designed as a unified development with compatible architectural
design and building materials for all components including buildings,
signs, walkways, plazas, and other open spaces.
A. Landscaping. All landscaping shall be provided in
accordance with the Montgomery Township Subdivision Ordinance.
(1)
Side and rear yard areas. An area 25 feet wide
shall be landscaped with a softening or screening buffer. When authorized
by the Board of Supervisors, this may be reduced to no less than 10
feet, but only where the yard abuts a commercial or industrial use
or zoning district.
(2)
Front yard areas. The minimum required yard
(70 feet), exclusive of driveway or access areas, shall be landscaped
with a softening buffer.
B. On-site parking and loading.
(1)
Loading and/or parking is prohibited within
the minimum front yard area.
(2)
No paving shall occur within side and rear yard
areas abutting a residential use or zoning district and shall not
otherwise be closer than 10 feet to a side or rear boundary line except
when cross access arrangements have been approved by the Board of
Supervisors.
C. Performance standards. The following standards of
the Zoning Ordinance shall apply: smoke; dust and gases; noise; odors;
glare and heat; vibration; radioactivity and electrical disturbance;
uses to be conducted indoors; outdoor storage and waste disposal;
electric, diesel, gas or other power; and industrial waste or sewage.
D. Access controls. All entrance and accessways shall
be of sufficient width with widened radii where they meet the sides
of 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, in conformance with the requirements of the Montgomery
Township Subdivision Ordinance.
E. Limitation on uses. Unless approved by the Board of
Supervisors as part of the conditional use approval, each building
shall be limited to one use.
Off-street parking shall be provided in accordance
with the provisions established in the RS Regional Shopping Center
District, but at a reduced ratio of a minimum four parking spaces
per 1,000 square feet of gross leasable area of specialty retail space.
In meeting the parking requirements, a unified development may include
joint use of one or more common parking areas. If located off site,
some portion of the off-street parking area shall lie within 200 feet
of an entrance regularly used by patrons. A parking space shall be
defined as an area at least 10 by 20 feet in size.
When the development of a tract and the uses
therein are in accordance with a unified development plan, then a
conveyance of a parcel within the development plan shall be permitted
upon compliance with the following conditions:
A. Irrevocable cross-easements in favor of and duly binding
on all title owners within the area of the development plan, their
successors and assigns, with respect to use, control and maintenance
of the common areas including access, green space, and parking areas
are in effect and recorded.
B. Individual lots or parcels created pursuant to this section need not comply with the dimensional standards of §
230-229 herein but shall remain in compliance with all aspects of the approved unified development plan of the entire tract.
[Amended 7-23-2007 by Ord. No. 07-219Z
There shall be no change in use without first
obtaining conditional use approval.