In SC Shopping Center Districts, the following
regulations shall apply.
[Amended 6-16-1954 by Ord. No. 19; 12-18-1961 by Ord. No.
110; 10-1-1962 by Ord. No. 119; 12-13-1965 by Ord. No. 65-167; 12-19-1966 by Ord. No. 66-192; 9-11-1967 by Ord. No.
67-207; 3-12-1969 by Ord. No. 69-234; 6-15-1987 by Ord. No.
87-516; 3-26-2015 by Ord. No. 2015-837]
Buildings may be erected, altered or used and a lot may be used
or occupied for any of the following purposes and no other:
B.
Other uses of the same general character as any of the above-permitted
uses when authorized as a special exception.
C.
Automobile service centers, provided that all services rendered shall
be performed within the building and there shall be no storage outside
of the building, and further provided that the following uses shall
be specifically excluded: the sale of gasoline, the painting of motor
vehicles, the renovation or replacement of motors and engines, body
and fender repair work involving the use of an open flame or welding
equipment.
F.
When authorized by special exception, automobile sales agency (not
to include a used car lot or a trailer or a truck sales agency as
a principal use), provided that:
(1)
The lot shall be not less than four acres in size, and such
use shall be the exclusive use of this four acres.
(2)
All services shall be conducted within the confines of the building.
(3)
All storage of automobiles shall be conducted within the confines
of the lot.
(4)
No parking shall be permitted in front of any building.
(5)
No more than 70% of the open area may be paved.
(6)
At least 5% of the open area shall be devoted to green area.
(7)
Outside storage (as defined in § 165-127) of supplies, materials and equipment shall not be permitted.
(8)
Building coverage shall be a minimum of 12 1/2% of the
lot area.
[Amended 12-22-1959 by Ord. No. 78; 12-31-1979 by Ord. No.
79-405; 6-15-1987 by Ord. No. 87-516]
The heights of buildings and other structures
erected or enlarged in this district and the area, width, yard and
building coverage requirements therefor shall be as specified on or
in connection with the development plan, provided that no building
or other structure shall exceed a maximum height of 65 feet. The development
plan shall encompass an area of not less than 10 acres and shall be
recorded in the office of the Recorder of Deeds of Montgomery County
within 90 days of approval. No building permit shall be issued until
the development plan has been recorded.
[Added 12-31-1979 by Ord. No. 79-405[1]]
In addition to the requirements of Article XXXIII, §§ 165-236 and 165-237, herein, the following conditions shall apply:
A.
All shopping center areas, as defined herein, shall
remain in single and separate ownership, which ownership shall be
responsible for and bound by the terms of the escrow and other surety
agreements with Upper Merion Township to ensure the completion of
the improvements shown on said development plan.
B.
The development of the tract and the operation of
the uses therein shall be in accordance with a unified plan.
C.
A conveyance of a parcel within the development plan
area shall be lawful upon compliance with the following conditions
as certified by the Board of Supervisors:
(1)
The development plan shall show a physical relationship
between the area to be conveyed, the remaining area covered by the
development plan and the common areas so that each area is dependent
upon the other and so that the area to be conveyed lacks the facilities
to conduct an independent separate commercial operation.
(2)
Any transferee as aforesaid shall have a substantial
economic interest in the operation of the shopping center development
as an integrated unit.
(3)
Documentary evidence shall be filed with the
Township which shall affirm to the satisfaction of the Township that:
(a)
The developer, its successors and assigns shall
remain responsible for the construction, control and maintenance of
the common areas.
(b)
Irrevocable cross easements in favor of and
duly binding on all title owners within the area of the development
plan, their successors and assigns, as respects the use, control and
maintenance of the common areas, are in effect.
(c)
The area to be conveyed shall be conveyed subject
to the requirements of the development plan, the obligations and responsibilities
as to the common areas and the requirements of the cross easements
so that each transferee of title as aforesaid shall be bound by same.
(d)
The developer shall have the authority to enforce
the conditions attached to the development plan as well as the sole
authority to seek amendments thereto.[2]
[2]
Editor's Note: Original Section 1102, Off-street
Parking, Loading and Access Requirements, which immediately followed
this section, added 12-22-1959 by Ord. No. 78, and amended 1-31-1977
by Ord. No. 77-368, was repealed 6-15-1987 by Ord. No. 87-516.
D.
Design standards for regional shopping centers. For
all regional shopping centers, the following design standards shall
apply:
[Added 8-12-1993 by Ord. No. 93-616]
(1)
Parking requirements. A minimum of 5.5 parking
spaces shall be required for each 1,000 square feet of gross leasable
area within the first 1,000,000 square feet of gross leasable area;
4.5 parking spaces shall be required for each 1,000 square feet of
gross leasable area within the second 1,000,000 square feet of gross
leasable area; and 4.0 parking spaces shall be required for each 1,000
square feet of gross leasable area in excess of 2,000,000 square feet
of gross leasable area.
(2)
Size of parking spaces. The minimum dimensions
of parking spaces within a regional shopping center shall be as follows:
(a)
Within 250 feet from shopping center entry portal
the size of a parking space shall be nine feet by 17.5 feet.
(b)
Spaces with a minimum size of eight and five-tenths
by seventeen and five-tenths (8.5 x 17.5) feet shall be permitted
within 150 feet of the perimeter of the right-of-way, provided that
such spaces are no closer than 250 feet to any building entrance.
In no event shall the number of parking spaces with minimum dimensions
of eight and five-tenths by seventeen and five-tenths (8.5 x 17.5)
feet be greater than 15% of the total parking spaces required for
the entire regional shopping center site.
(3)
Green areas. Regional shopping centers shall provide green areas of not less than 20% of the total area devoted to regional shopping center use, except as such Green Areas may be reduced pursuant to § 165-214.
(4)
Landscaping/shade trees. There shall be a minimum
quantity of one shade tree for each 10 parking spaces.
(5)
Height of buildings. No building or structure
shall exceed 65 feet, excluding chimneys, cooling towers, elevator
housings, mechanical rooms (limited to the minimum number of employees
necessary to monitor and operate building utilities), tanks and similar
projections.
[1]
Editor's Note: This ordinance also provided that, notwithstanding the terms of § 165-124A, "a conveyance of a parcel within the development plan area may include a portion of the common areas, but only to the extent that such portion is contiguous to the subdivided area, does not project into the common areas in excess of 10 feet and is shown to be necessary to service the outside of any structure which is located on the said portion proposed to be subdivided."
