The specific uses permitted in the I Limited Industrial District
shall be the use of a building, buildings or structures, for any of
the uses as set forth herein and no others, such uses to be conducted
wholly within a completely enclosed building or structure or within
a courtyard enclosed on all sides by solid barriers, except for the
provision of on-site parking, loading facilities, and public utility
facilities normally not enclosed within a building, provided that
neither loading facilities nor public utility facilities shall be
constructed in the front yard or on the front-yard face of any building
or structure.
A.
The manufacture, compounding, processing, packaging or treatment
of such products as candy, drugs, pharmaceuticals and food products;
provided, however, that the following uses shall not be permitted:
B.
The manufacture, compounding, assembly, or treatment of articles
of merchandise from the following previously prepared materials: bone,
cellophane, canvas, cloth, cork, rope, cord and twine, plastics, natural
and synthetic rubber, feathers, felt, fiber, furs, glass, hair, horn,
leather, paper, plaster, metals, precious or semiprecious stones,
shell, tobacco, textiles, wood (excluding planing mill) and yarns.
C.
The manufacture of ceramic products, using only previously pulverized
clay.
D.
Printing, publishing, lithographing, binding and kindred arts.
E.
Central heating plant.
F.
Offices and office record storage.
G.
Electric transforming substations, rail freight stations or other
necessary public service and public transportation uses.
H.
Parking garage, for pleasure or commercial vehicles.
I.
Manufacture of musical instruments, toys, novelties, and metal stampings.
J.
Storage buildings and warehouses.
K.
Manufacture and assembly of electrical or electronic devices, home
commercial and industrial appliances and instruments, including the
manufacture of accessory parts or assemblies.
L.
Laboratories, experimental, manufacturing and research.
M.
Manufacture of textiles or textile products, including spinning and
weaving, but not including wool pulling or scouring, jute or burlap
processing, reconditioning, hosiery or knitting mills.
N.
Manufacture of paper or cardboard boxes, containers and novelties
from previously prepared paper or cardboard.
O.
Cinema, radio and television production.
P.
The above uses are permitted only when meeting the following conditions:
(1)
No kiln is fired except by oil, gas or electricity, and no individual
kiln capacity exceeds 200 cubic feet.
(2)
No blast or reverberatory furnaces or foundries are used.
(3)
No mechanical punch or stamp presses over 100 tons' rated capacity
are used.
(4)
No hydraulic press over 2,000 tons' rated capacity are used.
(5)
No drop hammers are used.
Q.
No use having as its primary intent the direct retail sale of products
to the general public at the premises shall be permitted.
S.
Antenna or cellular tower in accordance with the applicable provisions of § 350-185 of this chapter.
T.
Vehicle impoundment lots, when authorized by conditional use, and
subject to the following conditions:
[Added 9-12-2011 by Ord. No. 1603]
(1)
A vehicle impoundment lot is a parcel of land designated for
the storage, retrieval or sale of vehicles impounded by police or
other lawful governmental direction, or by lawful towing operations.
The vehicle impoundment lot may be operated outdoors as stated herein.
(2)
The lot shall be fenced with a solid or other opaque fence,
at least six feet in height, which shall be maintained in good order,
and the lot shall be landscaped so that its activities are effectively
shielded from neighboring properties and passersby.
(3)
Periodic sales of vehicles impounded at the vehicle impoundment
lot shall be permitted.
(4)
No vehicle may be stored for more than 180 days, and the operator
of the vehicle impoundment lot shall keep adequate records of ownership
and duration of the vehicles on the lot to ensure that no vehicle
may be stored on the lot for more than 180 days.
(5)
Vehicle parts, trash, and waste fluids shall be stored inside
a building.
(6)
The vehicle impoundment lot may not be operated in conjunction
with a junkyard.
(7)
Any vehicle impoundment lot that borders on a residential district
shall have a one-hundred-foot setback of the parking/storage area
from the residential district boundary, and the setback area shall
be maintained as green area.
(9)
The parking/storage area shall be paved.
(10)
The vehicle impoundment lot shall be subject to such other reasonable
conditions as the Commissioners may deem reasonable at the conditional
use hearing in light of the location of the lot and the character
of the district as well as nearby properties.
U.
Junkyard, when authorized by conditional use, and subject to the
following conditions:
[Added 9-12-2011 by Ord. No. 1603]
(1)
The junkyard may be operated outdoors as stated herein.
(2)
A "junkyard" shall be defined as any outdoor establishment,
place of business, or use of land which is maintained, used or operated
for storing, keeping, buying or selling junk or junked or abandoned
motor vehicles (including auto salvage operations), with or without
dismantling, processing, sale, or other use or disposition of the
same. The deposit or storage of two or more motor vehicles without
valid Pennsylvania registration and/or valid inspection stickers shall
constitute a junkyard unless the property has been given conditional
use approval as a vehicle impoundment lot.
(3)
"Junk" shall be defined as any discarded article or material,
including, but not limited to, scrap metal, paper, rags, glass, containers,
tires, junked or abandoned motor vehicles, trailers, machinery and
equipment, and other salvageable materials. For purposes of this subsection,
the term "junk" shall not include hazardous wastes or materials, industrial
residual wastes, or municipal wastes as defined in the Pennsylvania
Solid Waste Management Act.[2]
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(4)
The lot shall be fenced with a solid or other opaque fence,
at least six feet in height, which shall be maintained in good order,
and the lot shall be landscaped so that its activities are effectively
shielded from neighboring properties and passersby.
(5)
No junk material, accessory structure, related activity or other
enclosure shall be stored, placed, located or conducted within 50
feet of any public street right-of-way, body of water, stream or wetland,
or any adjoining property line.
(6)
Where determined appropriate by the Township, the applicant
may be required to prepare and submit a soil erosion and sedimentation
control plan for the facility.
(7)
All junk materials shall be placed so that they are incapable
of being transported off the premises by wind, water, or other natural
causes.
(8)
All junk shall be stored or arranged so as to permit access
by fire-fighting equipment and to prevent the accumulation of water.
(9)
No junk shall be piled to a height exceeding six feet.
(10)
All gasoline and oil shall be drained from junked vehicles prior
to being accepted at the facility.
(11)
All hazardous or toxic materials, including freon and antifreeze,
shall be drained from appliances prior to their acceptance at the
facility.
(12)
No oil, grease, tires, gasoline or other similar material shall
be burned at any time, and all other burning shall be controlled at
all times.
(13)
All junkyards shall be maintained in such a manner to avoid
causing public or private nuisances; causing any offensive or noxious
odors; or causing the breeding or harboring of rats, flies, or other
vermin that could be hazardous to public health.
(14)
Any junkyard that borders on a residential district shall have
a five-hundred-foot setback of the parking/storage area from the residential
district boundary, and the setback area shall be maintained as green
area.
(16)
The junkyard shall be subject to such other reasonable conditions
as the Commissioners may deem reasonable at the conditional use hearing
in light of the location of the lot.
V.
Apartment complex, by conditional use, to allow apartment units with
a clubhouse and/or fitness center limited to residents of the complex,
with facilities limited to exercise rooms, game rooms, activity rooms,
library, kitchen, and offices for the administration, maintenance
and rental of apartment units within the community; and accessory
uses to consist of gate or guard houses, walking paths and structures
or uses ordinarily accessory to apartments, such as decks, porches,
greenhouses, swimming pools, cabanas, gazebos and sheds, under the
following conditions:
[Added 8-3-2015 by Ord.
No. 1654]
(1)
The following site regulations shall apply:
(a)
The site shall contain at least seven acres of gross lot area
in single ownership.
(b)
The area shall be adaptable to apartment complex development,
being located in relation to major thoroughfares, streets, railroads,
public transportation, shopping or other facilities, and, as far as
possible, shall have within or through it no major thoroughfare or
other physical features which will tend to destroy the neighborhood
or community cohesiveness.
(c)
All buildings shall be served by a public sanitary sewage disposal
system and public water supply. All utilities servicing the development
shall be placed underground.
(d)
The site shall be provided with at least one secondary or emergency
exit in addition to the main entrance.
(e)
At the time of application for development, the site shall contain
at least one existing under-utilized or abandoned commercial or industrial
building, which shall be removed or redeveloped as a requirement of
the proposed redevelopment of the site.
(f)
Maximum residential unit density shall not exceed 18 units per gross acre of lot area, unless increased by conditional use approval in accordance with Subsection V(3)(c) below.
(g)
Interior driveways and aisles may have a minimum width of 24
feet and shall not be offered for dedication, but shall comply with
applicable public safety and fire safety code requirements.
(h)
Principal and accessory buildings shall not cover more than
35% of the gross lot area.
(i)
Impervious coverage shall not exceed 65% of the gross lot area.
In addition to compliance with the Township Stormwater Ordinance[4], additional stormwater best management practices (BMPs)
to the satisfaction of the Township Engineer shall be required as
a condition of land development approval.
(j)
No building or structure shall be erected closer than 25 feet
to any property line and 50 feet to the ultimate right-of-way of bordering
existing public roads, if any. With the exception of gatehouses, guardhouses
and trails, no accessory building or structure shall be located within
a required perimeter setback and no accessory building or structure
shall be located between the front of a building unit and a street
line, if any.
(k)
No two buildings shall be closer than 25 feet to one another
at any point along the external walls.
(l)
The maximum building height shall be 70 feet with not more than
four floors of residential occupancy.
(m)
In addition to any fee in lieu of recreational amenities, provisions
for walking trails, gardens and gathering places shall be made, including,
if appropriate, connections to existing or future Township and county-wide
trails.
(n)
One- and two-bedroom units are permitted, but the minimum number
of parking spaces shall equal the number of bedrooms provided on site.
No fewer than 1.5 off-street parking spaces shall be provided for
each dwelling unit, and such additional guest parking as may be deemed
by the Board of Commissioners to be appropriate, but at no point may
the number of bedrooms on site exceed the number of parking spaces
provided. Any number of required parking spaces may be within a structure,
below grade or at ground level. No additional parking shall be required
for any accessory structures, such as maintenance buildings or the
clubhouse or fitness centers or leasing offices, provided these structures
serve only the apartment complex itself.
(o)
The source of any exterior spotlighting or floodlights of buildings
or grounds shall not be visible from off the developed site.
(p)
The developer shall be required, where possible, to preserve
existing or to incorporate new natural features, such as trees, streams
and open space areas, which add to the overall cohesive development
of the district and overall Township development.
(q)
All recreational, service and parking areas shall be effectively
screened from abutting lots or rights-of-way by a planted buffer area
of not less than 10 feet in width.
(r)
A maximum of one monument sign, identifying the name of the
development owner and/or manager, not to exceed 60 square feet of
total sign area may be permitted at the regular permanent entrance
serving the development. One sign identifying the building, may be
provided for each separate building identifying the building, provided
that the area of any one side of such sign shall not exceed 30 square
feet.
(s)
If the development of the complex is to be carried out in stages,
each stage shall be so planned that the foregoing requirements and
the intent of this article shall be fully complied with at the completion
of any stage.
(t)
Fire hydrants shall be required to be provided in such quantities
and such locations as recommended by the Fire Marshal.
(u)
An appropriate area or areas shall be provided for the storage
of snow from the complex.
(v)
Appropriate sidewalk connections to adjacent existing sidewalks
shall be provided.
(w)
Lighting fixtures shall not exceed 14 feet in height when located
near pedestrianways or within 50 feet of an abutting residential use.
(x)
Foundation plantings shall be utilized to enhance the entrances
to each building.
(2)
The following architectural regulations shall apply:
(a)
The development shall be constructed in accordance with an overall
plan and a common architectural theme as approved by the Board of
Commissioners during the conditional use stage.
(b)
Variations in facades shall be utilized. Variations in rooflines
shall be used to screen HVAC equipment, to provide interest and reduce
the scale of buildings. Roofs should provide a variety of vertical
dimensions. Multiplaned and intersecting rooflines are encouraged.
Visible flat-roofed designs are prohibited.
(c)
The exterior building skin shall be composed of one dominant
facing material and not more than two additional materials. The dominant
material shall comprise 60% or greater of each building elevation.
Dominant exterior materials may include:
(e)
All ground mounted exposed HVAC units, other than utility equipment,
shall be screened from view through the use of masonry walls or landscaping.
(f)
Schematic architectural plans and elevations of the proposed
buildings shall be submitted with the conditional use application.
(g)
A plan depicting amenities shall be submitted with the conditional
use application.
(3)
Conditional use procedure. The procedure for the granting of
a conditional use for the complex shall be as follows:
(a)
The conditional use application shall be accompanied by a concept
plan which shall include the information required below:
[1]
The location, use, design and dimensions of all buildings and
other structures, open spaces, yards, accessory ways, entrances, exits,
off-street parking facilities and buffer strips.
[3]
The provisions made for disposal of sanitary sewage, refuse
and stormwater.
[4]
Sufficient data and/or plans in all instances to enable the
Planning Commission and the Board of Commissioners to determine that
the proposed use complies with the requirements of this article and
with the pertinent requirements of the Zoning Ordinance.
[5]
A traffic study report and recommendations from a qualified
traffic engineer, which shall indicate:
(b)
A conditional use hearing shall be held by the Board of Commissioners
to determine whether the applicant has met its burden of proving that:
[1]
The conditional use is specifically authorized by a provision
of this chapter and meets its requirements.
[2]
The proposed use will be compatible with the character of the
neighborhood and that the use of property adjacent to the area of
the proposed use will be adequately safeguarded, if necessary.
[3]
The proposed use or change will not have a harmful effect on
local vehicular or pedestrian traffic due to any of the following:
[4]
The proposed use is generally consistent with the policies and
objectives set forth in the Upper Moreland Township Comprehensive
Plan.
[5]
The complex will subject neighboring properties to objectionable
noise, lighting, glare or other disturbance.
[6]
The design of the proposed development minimizes adverse effects,
including visual impacts, of the proposed use on adjacent properties.
[7]
The proposed use will comply with the regulations of this chapter,
including but not limited to all lot, yard and bulk regulations, parking
and loading regulations, sign regulations and all other applicable
ordinances.
[8]
The proposed use does not unduly burden sanitary sewer facilities,
school, police, fire, park, stormwater management systems or other
public facilities or services, whether or not provided by the Township.
(c)
By conditional use approval, the permitted density may be increased
to 25 units per acre of lot area by provision of on-site community
recreational and similar facilities for the residents of the complex.
Density may further be increased to 30 units per acre of lot area
by incorporating architectural features such as dormers, patios and
enhanced materials, including Belgian block, stone or brick.
No building may be erected, altered or used and no lot or premises may be used for any trade industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise, and no public garage shall be permitted, unless authorized and permitted as a special exception by the Zoning Hearing Board, as set forth in §§ 350-241 through 350-247 of this chapter.
The following area and height regulations shall apply:
A.
Lot area and width. A lot of not less than four acres shall be provided,
and such lot shall be not less than 125 feet in width at the right-of-way
line.
B.
Front yard. The required minimum depth of a front yard shall be 40 feet, subject to exception in Subsection E hereinafter set forth.
C.
Side yards. There shall be two side yards, one on each side of the building erected, each of which shall be not less than 25 feet in width, subject to exception in Subsection E hereinafter set forth.
D.
Rear yard. The required minimum depth of a rear yard shall be 35 feet, subject to exception in Subsection E hereinafter set forth.
E.
Exceptions of front, side and rear yards. In no case shall any building
or structure be erected closer than 200 feet to any residential district
nor any parking area be closer than 100 feet to any residential district,
which two-hundred-foot or one-hundred-foot area shall be maintained
as a green area entirely covered by grass, shrubs or trees by the
owner.
F.
Not more than 35% of the area of any lot may be occupied by buildings,
and a total of not more than 65% of the area of any lot may be occupied
by buildings, parking areas, unloading areas and access roads.
G.
Height regulations. No building shall exceed two stories or be more
than 40 feet in height.
H.
The following appurtenances of buildings may be erected above the
permitted 40 feet in height when authorized as a special exception
by the Zoning Hearing Board:
A.
No smoke shall be emitted from any chimney or other source visible
gray greater than No. 1 on the Ringelmann chart, as published by the
U.S. Bureau of Mines.
B.
Smoke of a shade not darker than No. 2 on the Ringelmann Smoke Chart
may be emitted for not more than four minutes in any 30 minutes.
C.
These provisions, applicable to visible gray smoke, shall also apply
to visible smoke of a different color but with an equivalent apparent
opacity.
A.
No emission shall be made which can cause any damage to health, to
animals or vegetation or other form of property or which can cause
any excessive soiling at any point.
B.
No emission of liquid or solid particles from any chimney or otherwise
shall exceed 0.3 grains per cubic foot of the covering gas at any
point.
C.
For measurement of the amount of particles in gases resulting from
combustion, standard correction shall be applied to a stack temperature
of 500° F. and 50% excess air.
At no point on the boundary of a residential or business district
shall the sound pressure level of any operation exceed the maximum
of that permitted as established by resolution of the Board of Commissioners
of the Township, which resolution shall be considered a part of this
chapter for all intents and purposes, the same as if it was from time
to time included as a provision of this chapter.
There shall be no emission of odorous gases or other odorous
matter in such quantities as to be offensive at lot boundary line.
Any process which may involve the creation or emission of any odors
shall be provided with a secondary safeguard system, so that control
will be maintained if the primary safeguard system should fail. The
guide for determining the quantity of offensive odors shall be established
by resolution of the Board of Commissioners.
Any operation producing intense glare or heat shall be performed
within an enclosed building or behind a solid fence in such manner
as to be completely imperceptible from any point along the lot lines.
