[Added 11-24-1997 by Ord. No. 97-86Z]
In expansion of the purposes and community development objections contained in Article I, § 230-2 of this chapter, and the policies and recommendations of the Township's Comprehensive Plan, as amended, the primary intent of this district is to provide, as an overlay to 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 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 of nonretail 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 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.
F. 
Recognize suitable locations for health-care uses to meet the long-range needs of the community and region.
[Added 2-11-2002 by Ord. No. 01-152Z]
G. 
Allow limited residential opportunities only where pedestrian connectivity is available to existing commercial and retail locations.
[Added 8-23-2021 by Ord. No. 21-320]
When authorized as a conditional use, a building or group of buildings may be erected, altered or used and a lot may be used or occupied for any one of the following uses and no other:
A. 
Franchised motor vehicle sales agency dealing primarily in new motor vehicles.
B. 
Hotel, motel or motor inn with conference facilities and/or full service restaurant permitted only as accessory uses in the same building as the guest rooms. Drive-through and takeout services are prohibited for the restaurant.
C. 
Financial institution, including a credit union, bank or savings and loan association, with drive-through facilities permitted only as an accessory use.
D. 
Educational, religious or philanthropic use, excluding nongovernment-operated correctional or penal institutions.
E. 
Motion-picture theater, with a restaurant permitted only as an accessory use within the same building as the theater.
F. 
Accessory use on the same lot with and customarily incidental to any permitted use, unless specifically excluded herein.
G. 
Hospital/medical center.
[Added 2-11-2002 by Ord. No. 01-152Z]
H. 
Uses permitted in § 230-75 (C Commercial District) herein, subject to dimensional standards and development regulations of §§ 230-76 through 230-78.
[Added 12-17-2007 by Ord. No. 07-227Z]
I. 
Townhouse dwellings on no greater than 30% of the total tract area for a property in an overall development plan, subject to the area, height and bulk regulations under § 230-217J.
[Added 8-23-2021 by Ord. No. 21-320]
The HLI 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 Overlay District shall serve as a supplement to the underlying district provisions and, as such, shall apply only to HLI uses.
B. 
The provisions of this district apply only to LI Limited Industrial zoned properties fronting on Route 309. The district shall not apply to any other LI-zoned properties or any other zoned properties. (See proposed Ordinance No. 97-87Z which defines the limits of the HLI District created herein.)
C. 
Eligible properties within the HLI boundaries maybe developed as LI Limited Industrial uses, in compliance with the requirements of Article XVII, or as HLI use in compliance with the requirements of the HLI Overlay District, when authorized as a conditional use.
The dimensional standards of the HLI District shall be as follows:
A. 
Minimum lot area.
(1) 
Motor vehicle, hotel and theater uses: seven acres.
(2) 
All other uses: four acres.
B. 
Minimum lot width (at building line and street line): 300 feet.
C. 
Minimum yard areas.
(1) 
Front: 70 feet, from existing ultimate right-of-way (50 feet from center line).
(2) 
Side: 25 feet.
(3) 
Rear: 40 feet.
(4) 
Abutting residential district or use: 100 feet (except for those residential uses specifically allowed under § 230-217J, Special standards for townhouse use).
[Amended 8-23-2021 by Ord. No. 21-320]
D. 
Maximum building height: 30 feet, except that the height may be increased to a maximum of 65 feet, provided that for every foot in excess of 30 feet, each required yard shall be increased one corresponding foot. In addition, a height of 40 feet or more shall require conditional use approval.
E. 
Maximum building coverage: 20%, except where a bonus is granted in accordance with § 230-219D(3) or 230-219D(4).
F. 
Maximum impervious material coverage: 65%, except where a bonus is granted in accordance with § 230-219D(3) or 230-219D(4).
G. 
Minimum green area coverage: 35%, except where a bonus is granted for increased building and/or impervious material coverage in accordance with § 230-219D(3) or 230-219D(4).
H. 
Special standards for hospital/medical center use.
[Added 2-11-2002 by Ord. No. 01-152Z]
(1) 
Minimum lot area: seven acres.
(2) 
Minimum lot width and yard areas shall be in accordance with § 230-217B and C (above).
(3) 
Maximum building height: 85 feet subject to the following criteria. For buildings in excess of 30 feet in height the minimum required front yard shall be increased one foot for each additional one foot in height up to a building height of 65 feet. Thence, for buildings in excess of 65 feet in height the front yard and all other yards shall be increased one additional foot for each foot in height over 65 feet which additional setback shall be applied to only that portion of the building in excess of 65 feet in height. Also referred to as “sky exposure plane.”
(4) 
Maximum building coverage: 40%. Bonus provision in § 230-219 shall not apply.
(5) 
Maximum impervious material coverage: 65%. Bonus provisions in § 230-219 shall not apply.
(6) 
Minimum green area coverage: 35%. Bonus provisions in § 230-219 shall not apply.
I. 
Special standards for uses permitted at § 230-75: C Commercial District uses.
[Added 12-17-2007 by Ord. No. 07-227Z]
(1) 
There shall be a minimum lot area of two acres and a maximum lot area of 20 acres.
[Amended 11-27-2017 by Ord. No. 17-305Z]
(2) 
In order to qualify for uses permitted at § 230-75 herein, the property which shall be the subject of this use category shall have frontage on at least two existing public roads and shall dedicate any land necessary for the construction and rights-of-way of new public roads (or extensions of existing public roads) which are an essential element of Montgomery Township-supported roadway or signalization improvements of regional public benefit.
(3) 
In addition to providing the requisite land right-of-way under Subsection I(2) above, development of the subject lot(s) for uses permitted in § 230-75 shall also require the developer of proposed § 230-75 uses to design, obtain all the necessary approvals, construct and dedicate all of the Montgomery Township-supported roadway or signalization improvements.
J. 
Special standards for townhouse use.
[Added 8-23-2021 by Ord. No. 21-320]
(1) 
Minimum tract area: four acres.
(2) 
Maximum density: nine dwelling units per gross acre.
(3) 
Maximum building height: 35 feet.
(4) 
Setback from:
(a) 
Main distribution road: 60 feet.
(b) 
Overall development plan tract boundary: 40 feet.
(c) 
Front yard building setback to internal road: 26 feet.
(d) 
Driveway length from face of building to sidewalk: 22 feet.
(e) 
Side yard setback to property line: 10 feet.
(f) 
Side yard building setback to internal road:
[1] 
For buildings with no windows or door on side elevation of first floor: 12 feet.
[2] 
For buildings with windows and doors on side elevation of first floor: 20 feet.
(g) 
Front building elevation to front building elevation: 60 feet.
(h) 
Front building elevation to back building elevation: 60 feet.
(i) 
Back building elevation to back building elevation: 50 feet.
(j) 
Side building elevation to side building elevation: 20 feet.
(k) 
Side building elevation to front/back building elevation: 40 feet.
(5) 
Number of units per building (maximum): six units.
(6) 
Parking spaces per dwelling unit (minimum): two spaces.
(7) 
Building coverage: 35% of gross site area.
(8) 
Impervious coverage: 50% of gross site area.
(9) 
Accessory structures:
(a) 
Unenclosed decks, porches and patios may encroach no greater that 10 feet into required yard area setback.
(b) 
Bay windows and box bay windows may project no greater than two feet into a required yard area setback for a length of no greater than 10 feet.
In addition to compliance with § 230-156.2, Procedures and standards for conditional use approval, the following shall be met:
A. 
Motor vehicles sales, rental or leasing.
(1) 
Outdoor storage and/or display of vehicles.
(a) 
Outdoor storage and display and parking are prohibited within the minimum front yard building setback but are permitted between the building and the minimum front yard setback, if the building is set back a sufficient distance from the ultimate right-of-way so that outdoor storage and display and parking does not occur within the minimum front yard area of 70 feet computed from the existing ultimate right-of-way line.
(b) 
Vehicles shall not be displayed on aboveground platforms and shall be displayed to appear similar to customer parking.
(c) 
Outdoor storage/display shall be limited to motor vehicles.
(2) 
On-site dispensing of fuel(s) shall only occur as part of a single sale/lease/rental transaction.
(3) 
No streamers, pennants or similar ornamentation shall be hung or strung on a building, other structure or vehicles.
(4) 
Lighting:
(a) 
No lighting standard shall exceed 25 feet in height from grade level.
(b) 
Illumination of all parking areas, around all buildings and along all pedestrian walkways shall provide a minimum level of one-half footcandle and an average of one footcandle and a maximum level of four footcandles. (One footcandle equals one lumen per square foot.)
(c) 
All outside lighting, including sign lighting, shall be arranged,, designed and shielded or directed so as to protect the abutting streets and highways and adjoining property from the glare of lights. All light standards or fixtures shall be shielded to eliminate light glare beyond an angle of 35º from a vertical plane and be so shielded that the source of the light shall not be visible off of the premises.
(d) 
No flashing or intermittent or moving lights, including lights on signs, shall be permitted.
(e) 
The magnitude of the lighting is subject to approval of the Board of Supervisors.
(5) 
Painting, bodywork and/or other service and/or repairs shall be conducted only within buildings or structures upon the property.
B. 
Drive-through banking facilities. Stacking lanes for each drive-through window shall be a minimum of four car lengths and shall be so arranged that they do not interfere with the free and uninterrupted use of the remaining parking areas and driveways.
[Amended 11-27-2017 by Ord. No. 17-305Z]
A. 
Landscaping. All landscaping shall be provided in accordance with the Montgomery Township Subdivision Ordinance.[1]
(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.
[1]
Editor's Note: See Ch. 205, Subdivision and Land Development.
B. 
On-site parking and loading.
(1) 
Required parking shall be in accordance with Article XIX.
(2) 
Loading and/or parking is prohibited within the minimum front yard area.
(3) 
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. Zoning Ordinance §§ 230-104 through 230-114 shall apply.
D. 
Access controls.
(1) 
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.[2]
[2]
Editor's Note: See Ch. 205, Subdivision and Land Development.
(2) 
Number of driveways per parcel.
(a) 
A maximum of one driveway opening shall be permitted to a particular site from each abutting street.
(b) 
When, in the opinion of the Township Traffic Engineer and PADOT, it is in the interest of good traffic operation, the Board of Supervisors may permit one additional driveway entrance along a continuous site with frontage in excess of 500 feet on one street.
(c) 
For purposes of this section, the use of dual one-way driveways will be considered to be equivalent to one standard two-way driveway. Only one pair of one-way drives may be used per street frontage.
(3) 
Bonus for shared driveway.
(a) 
When two adjacent property owners agree to share a driveway, the Township will grant an incentive bonus to all affected lots consisting of:
[1] 
A reduction of required lot width by 15% for each lot; and
[2] 
An increase in the impervious coverage of each lot of 5% from that which is allowed under § 230-217F.
(b) 
If two or more property owners share a common driveway, individual driveways are prohibited unless a lot conforms with Subsection D(2)(b) above. Also, if two or more property owners share a common driveway, cross-easement agreements shall be submitted and the location of the cross-easement indicated on the land development plans.
(4) 
Bonus for provision of a joint access drive. When two or more adjacent property owners agree to provide an access drive that conforms to the characteristics of Subsection D(5) below and its location is acceptable to the Township, the Township will grant an incentive bonus consisting of:
(a) 
An increase in the building coverage of each lot of 5% from that which is allowed under § 230-217E;
(b) 
An increase in the impervious coverage of each lot of 5% from that which is allowed under § 230-217F; and
(c) 
A reduction of required lot width by 15% for each lot.
(5) 
Joint access drive criteria. In order to receive the incentive bonus, a joint access drive shall conform with all of the following criteria:
(a) 
A fifty-foot-wide access drive cross-easement shall be provided across all affected properties, with each property owner responsible for maintenance of his or her portion of the cross-easement. A public right-of-way is to be substituted for the cross-easement at the discretion of the Board of Supervisors at the time of final plan approval.
(b) 
A twenty-six-foot-wide curbed cartway shall be provided whether publicly or privately owned and maintained.
(c) 
If accepted as a public right-of-way, a cul-de-sac shall be required at the end of an access drive, unless the access drive is designed to connect to an adjacent tract.
(d) 
The access drive shall be located only at the rear of the site, relative to Route 309. All required landscaping for the yard area shall be installed in accordance with Subsection A(1) above. If accepted as a public street, the yard area and landscaping may be located on the interior side of the right-of-way, when authorized by the Board of Supervisors.
(e) 
The access drive shall be physically separated from the internal circulation system of each affected lot, with no more than one access onto the access drive from each lot, unless the Township determines that additional access is appropriate.
(f) 
Perpetual maintenance of the access drive cross-easement shall be provided for by some instrument acceptable to the Board of Supervisors, upon recommendation by the Township Solicitor. The instrument shall be filed with the Recorder of Deeds of Montgomery County upon recording of the final subdivision and/or land development plan and shall authorize the Township, at the Township's option, to maintain the access drive and assess all applicable property owners 100% of such maintenance, or foreclose on said funds to cover said maintenance, if a private ownership fails to function and said failure permits a hazard to health and safety.
(g) 
Impervious coverage associated with the access drive shall be excluded from the maximum impervious coverage permitted per lot. If accepted as a public right-of-way, the fifty-foot right-of-way shall be included for lot area and building coverage calculations.
(6) 
A bonus will be granted for providing either a shared driveway or joint access drive, but not both.
E. 
Application and approval procedure. All proposals for HLI use shall meet the requirement of Zoning Ordinance § 230-218.
F. 
Unified development. When the development of a tract and the uses permitted thereon pursuant to Article XXIX, § 230-215, are in accordance with a unified development plan, then title to the parcels within the development plan may be held by more than one owner or a conveyance or mortgage of a parcel within the development plan shall be permitted upon compliance with the following conditions:
[Added 2-11-2002 by Ord. No. 01-152Z; amended 11-27-2017 by Ord. No. 17-305Z]
(1) 
Irrevocable cross easements in favor of and duly binding on all the 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.
(2) 
Application of zoning regulations including, but not limited to, road frontage requirements, building coverage, impervious surface requirements, required green space, parking, loading and landscaping, as well as required areas, width and yard regulations shall apply to the overall tract approved as a unified development plan. Individual lots created pursuant to this section need not comply with these zoning requirements.
(3) 
Responsibility for the construction, control and maintenance of the facilities in areas to be used in common shall be in one entity.