[Added 11-13-2007 by Ord. No. 1549]
The intent of the Unified Development Commercial District is
to:
A.
Provide an integrated development district for mixed use to provide
for present growth.
B.
Require limitations on impervious coverage and encourage landscaping
and pervious areas.
C.
Encourage an adequate amount of parking throughout the district to
support economic development.
D.
Provide appropriate development to areas near the Pennsylvania Turnpike
and Route 611 corridor.
E.
Provide interconnected and shared use of parking areas and access
driveways to reduce the number of existing or future driveways in
order to produce more efficient access while maximizing the benefit
of parking lot connections and minimizing interference with parking
area circulation.
F.
Provide options for special conveyancing to allow flexibility of
development and growth.
All definitions as set forth in the Upper Moreland Township
Code shall apply, except as follows:
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
A commercial establishment providing pet-related services
and products with no outside boarding of animals.
A building or group of buildings may be erected, altered or
used and a lot may be used or occupied for any of the following purposes
and no other:
A.
Any use permitted in the O Office District, as set forth in Article XV of this chapter, with the exception that residential uses shall not be permitted.
B.
Unified development. A unified development consisting of any one or a combination of the following uses, as a conditional use when authorized by the Board of Commissioners in accordance with the development standards contained in § 350-221 herein, the procedures and provisions outlined in § 350-187 of this chapter, and the procedural requirements included in the Pennsylvania Municipalities Planning Code:
(1)
Animal hospital, provided that: a) all animals shall be kept
in completely closed buildings; and b) the use shall be designed and
conducted in such a manner that it will not constitute a nuisance
in surrounding areas by reason of noise or odor.
(2)
Office building, business, medical and other professional offices,
studio and financial institution, including drive-through facilities.
(3)
Hotel.
(4)
Public garage.
(5)
Parking structures.
(6)
Dwelling quarters in connection with any permitted establishment
for watchman and caretaker employed upon the premises.
(7)
Retail sale of dry goods, variety and general merchandise, clothing,
food, beverages, drugs, household supplies, or furnishings, sale or
repair of jewelry, watches and clocks, optical goods, or musical,
professional or scientific instruments.
(8)
Any use permitted in the O Office District, Article XV of this chapter, with the exception of residential uses.
(9)
Barbershop, hairdresser, tailor shop and other personal service
shops.
(10)
Restaurant, tearoom, cafe, confectionery or similar establishment
serving food or beverages.
(11)
Club or fraternal organization.
(12)
Pet shop.
(13)
Hand or automatic self-service laundry, provided adequate provision
is made for waste disposal.
(15)
Any similar use of a retail nature.
(16)
New or used automotive sales and service agency.
[Added 10-7-2013 by Ord. No. 1630]
C.
Prohibited uses. Notwithstanding any other provision of this article,
no gasoline filling station, gasoline service station, gas station
or other use with fuel pumps shall be permitted in the Unified Development
Commercial District.
[Added 5-5-2008 by Ord. No. 1560]
Except as provided in § 350-221, for every use or group of uses permitted in this district the minimum lot size shall be 20,000 square feet. Furthermore, no individual nonresidential use shall contain less than 2,000 square feet of floor area.
A.
Front yards. There shall be a front yard on each street on which
a lot abuts, which shall be no less than 15 feet in depth, provided
that, in any case where parking is permitted in the front yard, the
depth of such yard shall not be less than 40 feet.
B.
Side yards. There shall be two side yards, neither of which shall
be less than 30 feet in width.
C.
Rear yards. There shall be a rear yard, the depth of which shall
be at least 25 feet.
Except as provided in § 350-221, not more than 30% of the area of each lot may be occupied by buildings and not more than 85% by total impervious surfaces (including buildings).
Except as provided in § 350-221:
Except as provided in § 350-221, no building shall exceed 35 feet in height or three stories, whichever is less.
Any application for unified development use under § 350-215B herein shall comply with the following standards:
A.
The development shall consist of a unified, harmonious grouping of
buildings, service and parking areas, and landscaped open space planned
and designed as an integrated unit. A master plan showing the relationships
among the various components shall be submitted in support of the
conditional use application. Said master plans shall be conceptual
only and shall not be required to meet the provisions of a "preliminary
plan," as defined in the Subdivision and Land Development Ordinance;[1] provided, however, that the location of steep slopes (those
in excess of 15%), floodplains, wetlands and recorded easements and
rights-of-way shall be delineated on the master plan. Design standards
shall be incorporated into the application for conditional use approval
and may be modified from time to time by resolution of the Board of
Commissioners.
B.
A minimum gross tract size of eight acres shall be provided for the
development, with a minimum width of 500 feet along at least one "primary
street" or "secondary street," as said terms are defined in the Subdivision
and Land Development Ordinance.[2]
C.
Special conveyancing. When the development of a lot and uses therein
are in accordance with a unified development plan, then a conveyance
of a parcel within the development plan shall be permitted upon compliance
with the following conditions:
(1)
Irrevocable cross-easements in favor of and duly binding on
all title 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. All easements shall be submitted to the Township Solicitor
for review prior to recording.
(2)
Application of zoning regulations, including, but not limited
to, building coverage, impervious coverage, parking, loading and landscaping,
as well as required area, width and yard regulations, shall apply
to an overall lot approved as a unified development plan. Individual
lots created pursuant to this section need not comply with these zoning
requirements.
(3)
Development of said lots shall be reflected in the development agreement required by Subsection E herein.
(4)
Applicant shall designate an agent to be responsible for all
issues relative to operation and maintenance of the development.
D.
The tract to be developed shall be in one ownership or shall be the
subject of an application filed jointly by the owners of the entire
tract in which it is agreed that the tract will be developed under
single direction in accordance with the master plan.
E.
The development may be executed in stages according to a phasing
plan submitted as part of the master plan and approved by the Township.
(1)
Modifications to the phasing or master plan to account for changes
in market conditions shall be submitted for approval by the Board
of Commissioners. If modifications to the master plan are substantial,
in that the changes would affect the type or location of uses or parking
and access layout for 50% or more of the undeveloped portion of the
tract, the Board of Commissioners may require a new conditional use
approval. Based upon the revised master plan, the Board may attach
revised conditions and safeguards addressing the relevant development
issue of the location of certain uses as they relate to adjacent properties.
(2)
The development shall be executed in accordance with a development
agreement. The owners, developer and Township shall enter into said
agreement, which shall embody all details regarding compliance with
this section to ensure the blending nature thereof for the overall
tract and its development. The agreement shall be recorded with the
record plan for the first phase or entire tract, whichever is first
recorded.
(3)
In addition to conditional use approval and development agreement
requirements as stipulated herein, the normal process required for
subdivisions and/or land developments, pursuant to the requirements
of the Upper Moreland Township Code, as amended, as well as the Pennsylvania
Municipalities Planning Code, shall be enforced for subsequent plan
preparation and approval, improvement construction requirements, financial
guarantees and other appropriate requirements.
F.
The following requirements prescribe the setbacks, design requirements, coverage and landscaping applicable to any tract developed as unified development pursuant to § 350-215B herein. These requirements shall apply to the tract as a whole, regardless of any subdivision which may be permitted pursuant to Subsection C of this section.
(1)
Building coverage shall not exceed 30% of the gross tract area.
(2)
Impervious coverage shall not exceed 85% of the gross tract
area. The remaining 15% of the tract shall be kept as pervious landscaped
area.
(4)
Parking shall be set back a minimum of 10 feet from any tract boundary, except where greater setback is required to accommodate the planting strip required by § 350-178G(6) of this chapter along any property line which is opposite or adjacent to a residential or apartment house district.
(5)
Landscaping and buffering shall be provided in accordance with the requirements of § 350-181 and other applicable requirements of this chapter and Article V of the Township Subdivision and Land Development Ordinance (Chapter 300), entitled "Landscape Regulations"; provided, however, that a perimeter buffer of 50 feet shall be required along any property line of the initial tract shared with properties in the R-1, R-2, R-3 and/or R-4 Residence Districts.
(6)
Outdoor dining shall be permitted pursuant to the following
requirements:
(a)
Outdoor furnishings shall be limited to tables, chairs and umbrellas.
(b)
Planters, posts with ropes, iron fencing, or other removable
enclosures are encouraged and shall be used as a way of defining the
area occupied as outdoor seating by the cafe.
(c)
Refuse facilities shall be provided.
(d)
Advertising and promotional features shall be limited to umbrellas
and canopies.
(e)
Outdoor dining shall not impede pedestrian flow.
(7)
Canopies must meet the following requirements:
(a)
Canopies shall be set back at least 15 feet from property lines
and ultimate right-of-way lines and 50 feet from abutting residential-zoned
properties.
(b)
Canopies shall have a maximum height of 15 feet measured to
the underside.
(c)
Individual canopies shall have a maximum area of 3,600 square
feet; multiple canopies shall be separated by a minimum distance of
15 feet.
(d)
Light for canopies shall be recessed so that the bottom of the
lighting fixture is flush with the underside of the canopy, using
a full-cutoff flat-lens luminaire.
(e)
Lighting for canopies shall be designed to be architecturally
compatible with structures in the surrounding area with regard to
color and building materials. Bright colors shall be avoided, and
pitched roof shall be used wherever possible.
(8)
Hotels shall meet the following performance standards:
(a)
Recreational facilities shall be limited to guests.
(b)
A hotel shall serve only temporary guests. A use that is routinely
inhabited by any persons for periods longer than 90 days shall be
considered a boardinghouse and regulated as such.
(c)
Conference facilities shall be permitted as an accessory use
within hotels.
(d)
Hotels must have at least four parking stalls, 11 feet by 18
feet, available for recreational vehicle and tractor-trailer parking.
(e)
All pools must be enclosed or constructed as indoor pools.
(f)
All hotels shall be restricted to no more than two driveways,
ingress or egress, on the same road.
(g)
All check-in areas must be clearly seen from the highway by
a window.
(10)
Pedestrian circulation design standards:
(a)
There shall be clear grade-separated pedestrian connections
between all parking areas and all buildings. The sidewalks required
within planting strips by Township Code may be used to meet this requirement.
(b)
Unobstructed sidewalks, no less than six feet in width, shall
be provided along the full length of the building along any facade
featuring a customer entrance and along any facade abutting public
parking areas. Along facades with building entrances, the required
six-foot-wide sidewalk area shall be set back from the facade by a
three-foot area that either contains planting beds or additional sidewalk
width.
(c)
Buildings and sidewalks shall be handicapped accessible.
(11)
New or used automotive sales and service agencies shall meet
the following performance and dimensional standards:
[Added 10-7-2013 by Ord. No. 1630]
(a)
Maximum building height. Maximum building height shall be no
more than 55 feet.
(b)
No parking setback is required between any internal lot lines
within the perimeter of a unified development commercial project area.
(c)
Stacked parking of a maximum of three rows of automobiles between
access aisles is permitted.
(d)
A softening buffer is not required along any street frontage
which abuts a commercial or industrial district.
(e)
A minimum of 5% of any parking lot facility over 5,000 square
feet in gross area, outside curb to outside curb, shall be devoted
to landscaping.
(f)
Planting islands shall be a minimum of 10 feet wide.
(g)
Parking areas located within 150 feet from a street right-of-way
which abut a commercial or industrial district shall not require a
continuous low hedge around the outside perimeter facing the street.
(h)
The number of parking spaces in a row may not exceed 25 spaces
without a ten-foot-wide landscape island.
(i)
Any conflict between these standards and those contained within
the Upper Moreland Township Subdivision and Land Development Ordinance[3] shall be resolved in favor of the standards set forth
above. A unified development plan which complies with these standards
shall not require waivers or modification of conflicting subdivision
and land development standards.
G.
Interconnected parking. Parking lots on adjacent tracts within a
single unified development shall be interconnected consistent with
the following requirements:
(1)
When the nearest edge of an existing parking area on an adjacent
lot is within 50 feet of a common property line, this parking area
shall be directly connected by a driveway to the parking area on the
subject tract, provided an easement granting access to the adjacent
tract has been recorded.
(2)
An interconnection shall not be required when all possible interconnections
between the two abutting lots would cross wetlands, floodplain, or
slope of 15% or more, or if such interconnection would necessitate
the removal of any healthy tree with a diameter of 12 inches or more.
(3)
When interconnected parking is possible with two adjacent tracts,
only one interconnection will be required. The location of the interconnection
shall be approved by the Board of Commissioners based on the ability
to maximize the benefit of parking lot connections and/or minimizing
interference with parking area circulation.
H.
The maximum height for all structures in a unified development shall
be regulated in accordance with the provisions herein. For all buildings
permitted in excess of 35 feet, the applicant shall document compliance
with all applicable Township life/safety codes and planned provisions
for fire alarm and smoke-detection systems as part of the conditional
use application. The applicant shall also provide documentation concerning
projected on-site manpower for assisting in fire-fighting and evacuation
procedures. As part of a request to permit an office or hotel use
in excess of 35 feet in height, the Board of Commissioners may condition
such approval upon the hiring of consultants to review the plans for
a high-rise application, and such approval shall also include provisions
for special inspections by the Township Fire Marshal and other paid
consultants of the Township, to be reimbursed at applicant's expense.
Specific height allowances are:
I.
Parking for a unified development in this district shall be based
upon the sum of the parking required for the various uses contained
in the development and the following standards:
(1)
For all retail uses, 5.0 spaces per 1,000 square feet of gross
floor area.
(2)
For hotel use, 1.0 space per guest room.
(3)
For a restaurant within a hotel or motel, 10 spaces per 1,000
square feet of area devoted to patron use.
(4)
For a conference facility within a hotel, 20 spaces for each
1,000 square feet of gross floor area devoted to conference use.
(5)
For office uses, 4.0 spaces per 1,000 square feet of usable
area.
(6)
Each parking space must be at least nine feet by 18 feet.
(7)
Parking aisles shall be at least 25 feet wide.
(8)
Parking shall be set back at least 10 feet from site property
lines.
J.
As part of the conditional use approval, the applicant may propose
a reduction in the sum total of the parking for all of the uses shown
on the master plan, based on the following:
(1)
In the case of a unified development plan in which there are
efficiencies derived by shared parking for uses which have complementary
peak demands, the applicant shall submit parking generation data,
based upon standard methodology (such as that published by the Urban
Land Institute) sufficient to justify the appropriate reduction.
(2)
In the case of a unified development, the applicant shall have
a by-right entitlement to a twenty-five-percent reduction of the aggregate
amount of required parking based upon the greater efficiency effected
by joint use of a common parking area.
K.
The Board of Commissioners, as part of the conditional use approval, may permit parking reserve areas. The provisions set forth in § 350-178D of this chapter shall be used as a guideline. Parking reserve areas may be permitted where a reduction of parking pursuant to Subsection J above is also allowed.
L.
Signs for a unified development shall be based upon the following
standards:
[Amended 10-7-2013 by Ord. No. 1630]
(1)
A unified development may be provided with no more than five
ground signs identifying the names of one or more major tenants of
the unified development.
(a)
Freestanding signs. No more than three ground signs may be freestanding
signs. Freestanding signs may not exceed 25 feet in height and with
a gross surface area for each such sign not to exceed 100 square feet
for each exposed face. The height of a freestanding sign shall be
measured from the base of the sign or grade of the nearest adjacent
roadway, whichever is lower. The freestanding sign may be positioned
along any street behind the ultimate right-of-way.
(b)
Monument signs. The gross surface area for each sign shall not
exceed 50 square feet for each exposed face. The maximum height of
a monument sign shall be 10 feet. The height of a monument sign shall
be measured from the base of the sign or grade of the nearest adjacent
roadway, whichever is lower. The monument sign may be positioned along
any street behind the ultimate right-of-way.
(2)
Wall signs shall be permitted on individual uses within the
unified development. The maximum gross surface area of such signs
shall be as prescribed in the subsections listed below:
(a)
One square foot of sign area for each foot of distance a premises
or building is set back from the ultimate right-of-way of the nearest
adjacent roadway up to a maximum of 300 square feet; or
(b)
Two square feet of sign area per linear foot of building wall
to a maximum of 400 square feet for each building.
(c)
In either case (a) or case (b), the maximum sign area is limited
to 25% of the area of the building wall, including doors and windows,
to which the signs are attached.
(3)
No outdoor off-premises advertising shall be permitted.
(4)
No wall sign shall extend above the eaves line of a roof.
(5)
Illumination of signs shall be from interior sources only.
(6)
Moving parts or signs with changeable copy (including digital)
that change more than once per 24 hours shall be prohibited except
for signs indicating time, date and weather.
(7)
Directional signs shall be permitted, provided that they shall
not contain advertising (including logos), not exceed four square
feet, and not obstruct the sight triangles at internal intersections
on the premises.
