Township of Upper Merion, PA Article XXIV SM-1 Suburban Metropolitan Districts

[Added 10-26-1967 by Ord. No. 67-209]

§ 165-134 Regulations to apply.

In SM-1 Suburban Metropolitan Districts, the following regulations shall apply.

§ 165-135 Use regulations.

[Amended 12-11-1967 by Ord. No. 67-211; 6-15-1987 by Ord. No. 87-516]

A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

A. Offices for administrative, executive, professional, sales and other similar uses, the normal attributes of which do not involve retailing activities on the premises.

B. Medical office and medical office building.

[Added 11-15-2012 by Ord. No. 2012-809[1]]

[1] Editor's Note: This ordinance also provided for the renumbering of former Subsections B through M as Subsections C through N.

C. Laboratory for scientific, agricultural or industrial research and development.

D. Bank; hotel; private indoor athletic facility; sit-down restaurant; carry-out restaurant other than drive-in restaurant.

[Amended 6-6-1988 by Ord. No. 88-534]

E. Wholesaling, warehousing and distributing, excluding the interior or exterior storage and sale of coal, lumber, petroleum distillates or highly flammable materials.

F. Light manufacturing of beverages, confections, cream, all food products (exclusive of meat- and fish packing), ceramics, clothing, plastics, electrical goods, furniture, hardware, tools, dies, patterns, scientific instruments, jewelry, timepieces, optical goods, musical instruments, toys, cosmetics, tobacco products, drugs and products of previously prepared metallic and nonmetallic materials.

G. A passenger station terminal for public transportation.

H. Municipal uses.

I. Helistop when authorized as a special exception in accordance with the provisions of § 165-219 herein.

J. Any use of the same general character as any of the uses hereinbefore specifically permitted when authorized as a special exception.

K. The outside storage of materials, supplies, finished products and other items of personalty, provided that the same are confined to the rear yard of the property within the building lines and further provided that the area devoted to said storage shall not exceed 25% of the ground floor area covered by the building on the lot.

L. Signs, subject to the provisions of Article XXVII.

M. Accessory uses on the same lot with and customarily incidental to any of the foregoing permitted uses.

N. Personal care facility as a conditional use in accordance with § 165-219.1.

[Added 3-25-1999 by Ord. No. 99-681]

O. Transportation-oriented development (TOD). The following uses shall be permitted in the SM-1 Zoning District pursuant to conditional use in accordance with § 165-219.1:

[Added 10-16-2014 by Ord. No. 2014-832]

(1) Multifamily residential.

(2) Nursing homes, skilled-care residential facilities, continuing care retirement communities or other similar medical offices, convalescent home, residential and physical rehabilitation facilities, expressly excluding drug and alcohol facilities and mental health facilities.

(3) The uses provided for in this Subsection O shall comply with the requirements of this article except as follows:

(a) Building height shall be a maximum of 75 feet.

[1] The building must contain a sloped roof with a minimum pitch of four feet/12 feet; and

[2] For every foot of additional building height over 65 feet, the building must be set back a minimum of 10 feet from an existing residential dwelling.

(b) Maximum building coverage shall be 65%.

(c) Parking setback: minimum of 20 feet from front yard and residential zones.

(d) Landscape buffer: minimum buffer of 20 feet on front yard and along residential zones.

(e) Multifamily residential shall require a minimum of 1.2 parking spaces per unit.

(f) Multifamily residential units shall not exceed 30 units per acre.

(4) Standards for conditional use. In addition to the general standards for conditional use provided in § 165-219.1, conditional uses permitted in a TOD shall comply with the following standards:

(a) At least one boundary of the property proposed for the TOD shall be located within 1,250 feet of a train station.

(b) There shall be adequate pedestrian walkways, sidewalks or trails to provide access to and from the TOD and the train station.

(c) Parking shall be made available to the public for access to the train station.

P. Residential-oriented development (ROD). Row house dwellings shall be permitted in the SM-1 Zoning District pursuant to conditional use in accordance with § 165-219.1.

[Added 10-15-2020 by Ord. No. 2020-868]

(1) Notwithstanding any requirement of this Chapter 165 or Article XXIV, the residential-oriented development and the row house dwelling uses provided for in this Subsection P shall comply with the following requirements:

(a) Minimum lot area for the ROD: 10 acres.

(b) Minimum ROD tract perimeter setback: 25 feet.

(c) Maximum building height: 40 feet.

(d) Minimum width of individual row house dwellings: 24 feet.

(e) Minimum garage size for each row house dwelling: two-car garage.

(f) Lots near residential districts. No building or structure shall be erected closer than 25 feet to any residential district or residential structure.

(g) Buildings and structures separation. Buildings and structures shall not be separated from one another by less than 25 feet measured side to side and shall not be separated from one another by less than 50 feet measured rear to rear. For purposes of minimum separation, a building shall be the structure containing two or more row house dwellings.

(h) Landscape buffer: minimum buffer of 20 feet adjacent to residential zones which may be located in the perimeter setback.

(i) Parking requirement: in accordance with § 165-191A(1) provided however:

[1] Floor area designated as lofts and bonus rooms shall not be counted as bedrooms.

[2] Visitor parking may be provided by off-street spaces perpendicular to internal roadways dispersed throughout the development.

(j) Maximum units:

[1] Shall not exceed eight units per developable acre.

[2] Shall not exceed four units per building.

(k) Open space; park land:

[1] Except as provided in § 165-135P(1)(k)[2] hereinbelow, the ROD shall comply with § 145-15, Common open space, and §§ 145-38 through 145-40, Requirements for park land.

[2] If at least one boundary of the ROD is located within 250 feet of a public trail system, comprised of pedestrian walkways, sidewalks, bike paths, and/or trails; and at least one boundary of the ROD is located within 500 feet of a river, the following open space and park land requirements shall apply:

[a] The ROD shall include a centrally-located piazza improved with landscaping, hardscaping and pedestrian-oriented amenities such as benches, gazebos and pavilions.

[b] In addition to the piazza, a minimum of 10% of the gross tract area of the ROD shall be passive open space. The passive open space may include storm sewer easements and stormwater management basins, provided the basins comprise no more than 50% of the passive open space.

(2) Standards for conditional use. In addition to the general standards for conditional use provided in § 165-251B(1), conditional uses permitted, as provided for in this Subsection P, shall additionally comply with the following standards:

(a) At least one boundary of the property shall be located within 250 feet of a public trail system, comprised of pedestrian walkways, sidewalks, bike paths, and/or trails.

(b) At least one boundary of the property shall be located within 500 feet of a river.

§ 165-136 Height regulations.

The maximum height of buildings and other structures erected or enlarged in this district shall be 50 feet, except that such height may be increased to a maximum of 65 feet, provided that for every foot of height in excess of 50 feet, there shall be added to each yard requirement two corresponding feet of width or depth.

§ 165-137 Area and yard regulations.

A. Minimum lot area. A lot area of not less than one acre shall be provided for every building or other structure erected or used for any use permitted in this district.

B. Front yard. There shall be a front yard on each lot which shall be not less than 40 feet in depth.

C. Side yards.

(1) On each interior lot, there shall be two side yards having an aggregate width of not less than 40 feet, neither side yard having a width of less than 15 feet.

(2) On each corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 35 feet and the side yard not abutting the street having a width of not less than 15 feet.

D. Rear yard. There shall be a rear yard on each lot the depth of which shall be not less than 20 feet.

E. Building coverage. Not more than 50% of the area of any lot shall be occupied by buildings.

F. Lots near residential districts. Unless authorized as a special exception, in no case shall any building or structure be erected closer than 150 feet to any residential district.

§ 165-138 Sewage disposal.

All buildings erected, altered or used for any purpose permitted in this district shall be served by a central sanitary sewage disposal system, except that an individual system may be authorized by special exception upon submission of satisfactory evidence that safe and effective sanitary sewage disposal can be provided in the particular location in question by such individual sewage disposal system. Such evidence may include but shall not be limited to a specific recommendation from the official representative of the State Board of Health having jurisdiction.

§ 165-139 Off-street parking and loading.

[Amended 12-11-1967 by Ord. No. 67-211; 6-15-1987 by Ord. No. 87-516]

Off-street parking and loading shall be provided in accordance with the provisions of Article XXVIII. Notwithstanding the provisions of Article XXVIII, no parking area shall be permitted closer than 40 feet to the front lot line of any lot in this district nor closer than 40 feet to any agricultural or residential district.

§ 165-140 Buffers.

[Amended 12-11-1967 by Ord. No. 67-211; 6-15-1987 by Ord. No. 87-516]

All areas delimited by the front lot line and all areas delimited by a lot line abutting any agricultural or residential district shall be provided with a buffer of at least 40 feet in width, which shall be planted in accordance with the provisions of § 165-217.1 herein.[1]

[1] Editor's Note: Original Section 1156, Screening, which immediately followed this section, was repealed 6-15-1987 by Ord. No. 87-516.

§ 165-141 (Reserved)

§ 165-142 Outside lighting.

All outside front lighting shall be shielded so that the source of light shall not be visible from any point off the lot on which the building or structure being illuminated is erected and so that only the building or structure is directly illuminated thereby. In no case shall lights be permitted to be directed or reflected toward any residential district.