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Township of Upper Moreland, PA
Montgomery County
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Table of Contents
Table of Contents
A. 
The specific uses permitted in this district shall be the erection, construction, alteration or use of buildings or premises for any and all of the purposes set forth in § 350-102 for I Limited Industrial Districts and no others, to be conducted wholly within a completely enclosed building or in a court enclosed on all sides by buildings, except for on-site parking and loading incidental thereto, and then approved by the Zoning Hearing Board, and public utility facilities normally enclosed within a building.
B. 
Adult or sexually oriented business uses, as defined in Chapter 57, shall be permitted within the S-Small Limited Industrial Zone.
[Added 9-13-2010 by Ord. No. 1592]
C. 
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.
(8) 
Any vehicle impoundment lot that borders on a residential district shall have a thirty-foot-wide landscape screen buffer in accordance with the SALDO,[1] excluding arborvitaes.
[1]
Editor's Note: See Ch. 300, Subdivision and Land Development.
(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.
D. 
Medical marijuana grower/processor in accordance with the requirements of § 350-400.
[Added 6-5-2017 by Ord. No. 1677]
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. 
There shall be a minimum lot area of not less than two acres.
B. 
Front yards. The required minimum depth of a front yard shall be 25 feet; subject to exception in Subsection F 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 20 feet in width, subject to exception in Subsection F hereinafter set forth.
D. 
Rear yard. There shall be a rear yard, the depth of which shall be at least 35 feet.
E. 
Not more than 35% of the area of any lot may be occupied by buildings, and a total of not more than 70% of the area of any lot may be occupied by buildings, parking areas, unloading areas and access roads.
F. 
Exception for 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 to be closer than 100 feet to any residential tract; 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.
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:
(1) 
Chimney and stacks.
(2) 
Penthouses (not more than one story and not for habitation)
(3) 
Tanks and tank towers.
(4) 
Flagpoles, aerials and beacons.
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.
[Added 9-13-2010 by Ord. No. 1592]
Regulations pertaining to adult or sexually oriented business uses, as defined and regulated in Chapter 57, are subject to the following requirements:
A. 
Location of sexually oriented businesses.
(1) 
No sexually oriented businesses shall be located within 1,000 feet of the property line of a lot used for the following uses unless separated from the adult use by the Pennsylvania Turnpike or railroad. A person commits a violation of this chapter and Chapter 57 if the person operates or causes to be operated a sexually oriented business within 1,000 feet of:
(a) 
A church, synagogue, mosque, temple or building which is used primarily for religious worship and/or related religious activities;
(b) 
A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. A school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(c) 
A public or privately owned park or recreational area which has been designated for park or recreational activities, including but not limited to passive or active park or parkland, playground, nature trails, swimming pools, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land; and
(d) 
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the commonwealth.
(2) 
No sexually oriented business shall be located within 500 feet of the following uses. A person commits a violation of this chapter and Chapter 57 if the person operates or causes to be operated a sexually oriented business within 500 feet of:
(a) 
The property line of a single-family residential lot;
(b) 
The property line of a multifamily residential lot; or
(c) 
Within 500 feet of another adult use or sexually oriented business.
(3) 
An adult use or sexually oriented business may not have frontage on Pioneer Road or Easton Road, or be located within 300 feet of the legal right-of-way of Welsh Road, York Road, Fitzwatertown Road, Terwood Road, Davisville Road, Byberry Road, County Line Road, Pioneer Road or Easton Road.
B. 
Signage. Any adult establishment or sexually oriented businesses are subject to the following signage requirements in lieu of signage otherwise permitted in the zoning district under Article XXIV.
(1) 
Wall signs are limited to a total of 40 square feet and any such wall sign must face the street frontage on which access to the building is located;
(2) 
No roof signs are permitted;
(3) 
One freestanding sign, not to exceed 40 square feet per face in area or 20 feet in height is permitted;
(4) 
No internally illuminated, LED or digital signs are permitted; and
(5) 
No flashing elements, rotating, pulsing, marching, video, lasers, beacons, strobe lights, streaming video, moving pictures or animated graphics are permitted.
C. 
Parking requirements. Any adult establishment or sexually oriented businesses are subject to the following parking requirements in lieu of those otherwise required in the zoning district under Article XXIV.
(1) 
One space for each 100 square feet of floor space; and
(2) 
All parking areas shall be illuminated during hours of operation to ensure the safety of patrons and employees and to discourage vandalism or criminal conduct.