[Amended 2-28-2005 by Ord. No. 04-190Z]
This chapter shall not apply to any existing
or proposed building or extension thereof or to any land used or to
be used by a public utility corporation if, upon petition of the corporation,
the Public Utility Commission shall, after a public hearing, decide
that the present or proposed situation or use of the buildings or
land in question is reasonably necessary for the convenience or welfare
of the public. Aboveground structures and buildings shall be located
to avoid adverse impacts on natural features such as floodplains,
wetlands, steep slopes, mature vegetation and historic buildings and
provide a screen buffer along the property boundaries adjacent to
residential, institutional and park and recreational uses. Montgomery
Township acknowledges the PUC has jurisdiction. However, every effort
should be made to avoid residential districts and to comply with all
applicable zoning regulations.
A pump, light standard, air tower, water outlet
or similar installation of a gasoline filling station may be placed
within the required front yard but in no case closer to the front
lot line than 15 feet, unless otherwise specified in the district
regulations.
No lot area shall be so reduced that the area
of the lot or the dimensions of the open spaces shall be smaller than
herein prescribed.
A.
Where an unimproved lot is situated between two improved
lots having on each a principal building within 25 feet of the side
boundary line of such unimproved lot, which extends into the required
front yard of each such improved lot and has been so maintained since
the effective date of this chapter, the front yard depth of such unimproved
lot may be the average depth of the front yards of such two adjacent
improved lots, notwithstanding the yard requirements of the district
in which it is located.
B.
Where an unimproved lot adjoins only one improved
lot having a principal building thereon within 25 feet of the common
side lot line, which extends into the required front yard of such
improved lot and has been so maintained since the effective date of
this chapter, the front yard depth of such unimproved lot may be the
average depth of the front yard of such adjacent improved lot and
the front yard required for the district in which such unimproved
lot is located, notwithstanding the yard requirements for such district.
One single-family detached dwelling may be erected
and used on any lot located in any Limited Industrial District or
Heavy Industrial District which is unimproved and held in single and
separate ownership at the effective date of this chapter, if permitted
by and subject to the zoning regulations applicable to such lot immediately
prior to the effective date of this chapter, and such lot shall then
be used only for such dwelling purposes and accessory uses customarily
incidental thereto. Yard requirements shall conform to R-1 Residential
Districts herein.
No building and no part of a building shall
be erected within or shall project into or over any required yard
in any district.
On any corner lot, no wall, fence, sign or other
structure shall be erected or altered and no hedge, tree, shrub or
other growth shall be maintained which, in the opinion of the Township
Supervisors, may cause danger to traffic on a street by obscuring
the view.
[Amended 9-21-1992 by Ord. No. 92-3Z]
Fences and walls, as defined in Article II, § 230-5, of this chapter, shall conform to the following criteria and standards:
A.
Fence orientation. The posts or vertical supports
of fences shall be oriented or placed on the side of the fence facing
the lot in which the fence is located. The more attractive side of
the fence shall face outward from the lot in which the fence is located.
Fences shall be installed and maintained so that they are straight
and do not sag or lean over the property outward from the lot on which
the fence is located. Fences shall not be painted bizarre colors,
or combinations thereof, or inscribed with offensive designs on the
outward side from the lot on which they are located.
B.
Boundary fences and walls.
(1)
Location. Boundary fences and walls shall be
located within five feet of the property line; they should be located
as close as possible to, but not on, the property line.
(2)
For residential uses or zones:
(a)
In front yards, boundary fences and walls shall not be permitted unless the front yard abuts a major street, as defined in the Township's Subdivision Ordinance (Chapter 205). In such cases, boundary fences and walls shall be a maximum of four feet in height.
(b)
In rear and side yards, boundary fences and
walls shall be a maximum height of six feet.
(c)
For corner lots, side yard boundary fences shall be a maximum of four feet high and designed to be non-opaque structures. Fences which are located a minimum of 15 feet back from the ultimate right-of-way or immediately adjoin another residential lot may be a maximum of six feet high and may be opaque. No fence higher than four feet shall be permitted in a front yard. All fences must meet the sight distance criteria in Article XXI, § 230-148J.
[Amended 11-28-1994 by Ord. No. 94-42]
(3)
For nonresidential uses or zones:
(a)
In front yards, boundary fences and walls shall
be a maximum height of six feet and be designed as a non-opaque structure.
(b)
In rear and side yards, boundary fences and
walls shall be a maximum height of eight feet.
(c)
For corner lots, side yard boundary fences shall be a maximum height of six feet and be designed as a non-opaque structure, except for fences which immediately adjoin another nonresidential lot, in which case such fences shall be a maximum height of eight feet. All fences must meet the sight distance criteria in Article XXI, § 230-148J.
C.
Decorative fences and walls. Decorative fences and
walls may be located anywhere within a parcel and shall have a maximum
height of three feet. Examples of decorative fences and walls include
picket fences, stone walls and iron fences.
D.
Privacy fences. Privacy fences shall be located within
the building envelope of a residential lot. The maximum height of
privacy fences shall be six feet. Privacy fences shall not be located
in the front yard. With the exception of where a privacy fence is
attached to a structure, privacy fences shall be set back a minimum
of five feet from any structure so as to not create an impediment
to fire protection services or services for any other life-threatening
emergency. Where such fences are attached to a structure, there shall
be at least one access gate, of no less than three feet in width,
for rapid access to the yard enclosed by the fence.
E.
Protective fences. Protective fences shall be permitted
to enclose commercial or industrial storage areas or yards which for
reasons of public safety warrant enclosure. Protective fences may
be located anywhere within the side and/or rear yard of commercial
or industrial parcels, provided that these areas require the enclosure
of a nuisance, storage area or yard equipment. The maximum height
of protective fences shall be eight feet.
F.
Temporary fence. The time duration for temporary fences
shall be established by the Zoning Officer in the building permit.
Temporary fences shall be constructed with roll-up woven wire, rolled
plastic fencing material or woodlath material, with a maximum height
of six feet.
G.
Prohibited uses of fences and walls. The following
uses of fences and walls shall be prohibited:
(1)
Fences and walls shall not be located within
floodplain areas and/or wetlands.
(2)
Fences and walls shall not interfere with stormwater
flow or natural water flow.
(3)
Electric fences and walls shall be prohibited
for all uses with the exception of agricultural uses.
(4)
Barbed wire or razor fences and walls shall
be prohibited for all uses with the exception of industrial and agricultural
uses.
(5)
Fences and walls with sharp protrusions, such
as broken glass or spikes, are prohibited.
H.
Fences with utility, stormwater and/or access easements
shall be discouraged. Any landowner requesting such a fence must first
execute a fence easement agreement with the Township and demonstrate
that such fence meets all requirements of the easement's restrictions.
Such fences shall be designed to be taken down easily.
I.
Fences shall be considered a non-opaque structure
when the through visibility at right angles to any surface of the
fence has not been reduced by more than 50% by fence construction.
J.
Sight distance. At all intersections of streets, there
shall be measured along the center line a minimum clear sight triangle
of 75 feet from the point of intersection. Any fences that fall within
the clear sight triangle shall be a maximum of three feet in height
above the curb level.
A.
Accessory uses authorized in this chapter shall include
those specifically stated herein and those similar uses thereto
[Amended 7-24-1989 by Ord. No. 17-058; 4-12-1993 by Ord. No. 93-8Z; 3-27-2000 by Ord. No. 00-121Z; 3-10-2003 by Ord. No. 03-166Z; 5-27-2003 by Ord. No. 03-169ZS; 11-12-2007 by Ord. No. 07-220Z]
(1)
Uses accessory to agriculture. Direct commercial
sales of agricultural commodities are permitted upon property owned
and operated by a landowner who produces not less than 50% of the
commodities sold and shall be authorized notwithstanding municipal
ordinance, public nuisance or zoning prohibitions. Such direct sales
shall be authorized without regard to the fifty-percent limitation
under circumstances of crop failure due to reasons beyond the control
of the landowner. The location of buildings and structures involved
with the sale of agricultural commodities shall comply with all yard,
setback and height requirements of the district in which located.
[Amended 12-17-2007 by Ord. No. 07-226Z]
(2)
Uses accessory to dwelling.
(a)
Uses accessory to a dwelling shall be as follows:
[1]
Private garage; private stable; barn; shelter
for pets.
[2]
Private greenhouse; private swimming pool.
[3]
Living quarters for a household caretaker within
the dwelling.
[4]
Home occupations are permitted in any residence
as an accessory use in compliance with the standards of this section,
as well as all other applicable Township, state and federal regulations.
[a]
Home occupations shall be divided
into two classes and regulated as follows:
[i]
Minor home occupations, including
no-impact home-based businesses conducting a lawful occupation or
business activity which is conducted in whole or in part by a resident
from his/her primary residences. These uses are permitted by right
in all residential dwellings, limited to one per dwelling unit, in
compliance with the following requirements:
[Amended 6-22-2009 by Ord. No. 09-239Z]
[A]
The business activity shall be
compatible with the residential use of the property and surrounding
residential uses.
[B]
The business may employ not more
than one nonresident employee. All other employees shall be family
members residing in the dwelling.
[C]
There shall be no display or sale
of retail goods and no stockpiling or inventory of a substantial nature.
[D]
There shall be no outside appearance
of a business use, including, but not limited to, parking, signs or
lights.
[E]
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical interference, including interference with radio or television
reception, which is detectable in the neighborhood.
[F]
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
[G]
The business activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
[H]
The business may not involve any illegal activity.
[ii]
Major home occupations.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[A]
There shall be no more than one
business with up to a total of three employees working at the dwelling
at any time who are not a resident of the dwelling. The business shall
only be conducted by a resident from his/her primary residence.
[B]
Major home occupations are only permitted by special exception and only permitted if the residence fronts on and has direct access to one of the following streets: Bethlehem Pike, Welsh Road, DeKalb Pike, Upper State Road, Horsham Road, Cowpath Road, Doylestown Road, North Wales Road, Lansdale Avenue, Line Street, County Line Road and Limekiln Pike. In the case of properties having frontage and being located at the corner of one of the streets listed above and any other street, such properties are still eligible for special exception so long as the property shall have only one driveway access which shall be from the street which is other than those listed above. To qualify for a special exception, these home occupations must demonstrate compliance with these standards and the standards of § 230-185 and must show that parking is safe and adequate.
|
{1}
|
Visitors, customers or clients shall be permitted
only between the hours of 8:00 a.m. and 9:00 p.m.
| |
|
{2}
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Pickup or delivery shall be limited to those
services that routinely serve homes, such as the United States Postal
Service, United Parcel Service or Federal Express.
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[b]
Requirements for all home occupations.
[i]
A resident of the dwelling must
be a principal of the home occupation.
[ii]
There shall be no direct sale
of goods on the premises.
[iii]
There shall be no business-related
exterior storage or display of goods.
[iv]
Signs for the home occupations shall be permitted in accordance with the requirements of § 230-126 of this chapter.
[v]
The area of all home occupations
shall not be greater than 25% of the habitable floor area of the dwelling.
For the purposes of making this computation, the habitable floor area
of the dwelling unit shall include the first floor and unfinished
basement but not garages or unfinished attics.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[vi]
The home occupation shall in no
way cause the residential appearance or character of the premises
to differ from the surrounding residential area.
[vii]
Home occupations shall not use
noxious, toxic, combustible, explosive or other types of material
in a manner that could endanger the health, safety and welfare of
the occupants and surrounding residents.
[viii]
No sounds or noise shall be
audible outside the dwelling.
[ix]
Vehicular access improvements or any need for additional parking generated by the home occupation, over what would normally be expected for a residence as determined by the Board of Supervisors with the advice of the Township Engineer, shall be met off-street and only in the side yard and/or rear yard in accordance with § 230-134 of this chapter.
[x]
Trash shall not be permitted in
excess of that normally occurring in residential areas. Outdoor storage
of trash or debris shall be in sealed containers, shielded from view
by neighboring properties by a dense landscape buffer.
[xi]
Family day-care homes, group day-care homes and day-care centers are not home occupations and are regulated by § 230-156.1.
[xii]
The following uses and similar
uses shall not be permitted as a home occupation: clinic, hospital,
laboratory, animal hospital, barbershop, beauty parlor, massage parlor,
restaurant, motel, body art, auto tag service, tattooing or body piercing.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[xiii]
All home occupations must obtain
a use and occupancy permit and register their business with the Township
before commencing business.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[xiv]
No odors resulting from the home
occupation shall be detectable outside the dwelling.[1]
[1]
Editor's Note: Former Subsection A(2)(a)[5][a] through [h],
which permitted no-impact home-based businesses in all districts under
certain conditions, which immediately followed this subsection, were
repealed 6-22-2009 by Ord. No. 09-239Z.
(b)
Uses authorized in this chapter as accessory
to a dwelling shall not be deemed to include a business, hospital,
clinic, animal hospital, barbershop, beauty parlor, other personal
service shop, tearoom, hotel or any similar use.
(3)
Uses accessory to noncommercial recreational
use: customary recreational, refreshment and service uses and buildings
in any noncommercial recreational area.
B.
Setbacks for uses accessory to dwellings.
[Added 7-24-1989 by Ord. No. 17-058]
(1)
One shed (storage building up to 144 square
feet in size), or shelter for pets, private parking spaces, patios,
decks, swimming pool and equipment and tennis courts shall meet the
requirements and setbacks outlined below.
[Amended 6-10-2002 by Ord. No. 02-158ZS; 11-12-2007 by Ord. No. 07-220Z]
(a)
Patios and decks whose floors are no more than three feet above ground measured at the point where the patio or deck is attached to the dwelling, which have no walls or roofs associated with the deck or patio and which have railings that are no more than four feet high, may use the setback standards in Subsection B(1)(c) below. No deck floor may be more than eight feet above existing grade at any point to be able to use these standards. Patios and decks which do not meet these standards must be located within the building envelope.
(b)
In-ground and aboveground swimming pools which are screened by a screened buffer, as outlined in § 205-53 of Chapter 205, the Township's Subdivision Ordinance, or by a five- to six-foot-high opaque fence may use the setback standards in Subsection B(1)(c) below. Swimming pools which do not have this screening must be located within the building envelope. In no case may a pool be located in the front yard. All lighting for swimming pools shall be hooded to prevent the glare of lights from shining beyond the property line, and wiring for all pool lighting shall be underground.
(2)
Barns (storage buildings over 144 square feet
in size), garages, greenhouses and any similar uses must be located
within the building envelope and cannot be located in the front yard.
[Amended 11-12-2007 by Ord. No. 07-220Z]
(3)
No uses accessory to dwellings are permitted
to be located within any buffer area, as required either by the Subdivision
and Land Development Ordinance or the Zoning Ordinance.
[Added 1-26-1998 by Ord. No. 98-91Z]
C.
Relative quarters in a single-family detached dwelling,
including cooking facilities, may be provided for no more than two
persons related to the principal occupant by blood, marriage or adoption,
subject to the following conditions:
(1)
Neither the present structure nor any proposed
addition shall at any time be occupied by any person other than the
property owner and members of his or her immediate family.
(2)
Any sale, lease, transfer or other alienation
of the property shall be as a single-family detached dwelling and
shall include the entire structure located on the property.
(3)
The relative quarters shall not be leased or
rented as an apartment or separate dwelling, except to persons specified
in C(1) above.
(4)
Any relative quarters' kitchen or cooking facility
on the property shall be removed prior to sale, transfer or other
alienation of the property, unless the appropriate deed restriction
has been filed with the Recorder of Deeds that the property is being
continued as a relative quarters by the new owner/buyer.
(5)
Relative quarters must be located in the existing
dwelling or must be attached to the existing dwelling, and there shall
always be maintained a single shared standard doorway connecting the
principal residence and the relative quarters. Relative quarters shall
not be located in a separate freestanding building. Relative quarters
shall be limited to a single floor not greater than 700 square feet
of floor area, except when approved as a special exception by the
Zoning Hearing Board.
(6)
The applicant shall prepare and file with the Recorder of Deeds a deed restriction, in a form acceptable to the Township Solicitor, setting forth the conditions set forth in Subsection C(1) through (5) above, which shall reflect that the property is encumbered with those specific conditions. Upon sale of the property, seller shall disclose to buyer the nature of any deed restriction regarding the conditions of any future use of the relative quarters.
(7)
A one-year renewable permit issued by the Township
Zoning Officer shall be required to ensure compliance with this chapter.
The fee for this permit shall be established by resolution of the
Board of Supervisors.
D.
The keeping
of chickens is permitted as an accessory use to a dwelling, subject
to the following requirements:
[Added 6-13-2022 by Ord. No. 22-328Z]
(1)
Type
and number of chickens.
(a)
Roosters are prohibited.
(b)
A minimum net lot area of 20,000 square feet is required to keep
chickens.
(c)
No more than four female chickens shall be permitted on properties
with a net lot area of less than 40,000 square feet.
(d)
No more than six female chickens shall be permitted on properties
with a net lot area between 40,000 square feet and three acres.
(2)
Permitting
and inspection.
(a)
Chicken coops, chicken runs, and fences are not permitted to be installed
before submitting a complete permit application to the Township and
receiving approval from the Township Zoning Officer.
(b)
If a tenant should wish to keep chickens on rented property, then
the tenant must secure written authorization from the owner as well
as conform to all other requirements as enumerated in this section,
and both tenant and landowner shall be liable for compliance with
the provisions of this section.
(c)
The Zoning Officer shall have the right to inspect any chicken coop,
chicken run, and fencing between 8:00 a.m. and 5:00 p.m. (Monday through
Friday). The inspector shall issue any order deemed necessary to comply
with any and all federal, state, county, and municipal codes. Twenty-four
hours' notice shall be given to the property owner where practicable.
(3)
Chicken
coop, chicken run, and fencing.
(a)
All chickens shall be housed within a secure, fully enclosed, chicken
coop which is contained within a fenced chicken run which both areas
do not exceed 100 square feet total.
(b)
There shall be at least four square feet of space for each chicken
within the coop and an additional 10 square feet of space per chicken
within the chicken run.
(c)
The chicken run fence shall be made of durable materials, such as
wood and wire mesh, extending underground for at least one foot and
have an aboveground height of at least four feet. The chicken run
shall also have a roof made of wire mesh or aviary netting to protect
against predators. The height of the chicken coop and chicken run
shall not exceed six feet.
(d)
It shall be unlawful to let any chicken roam freely outside of the
areas of the chicken coop and chicken run. Any fencing shall be extended
underground for at least one foot and have an aboveground height of
at least six feet.
(e)
Chicken coops, chicken runs, and fencing shall be located in the
rear yard and shall be no closer than 20 feet to any property line
and no closer than 25 feet to any residential structure. Must be shielded
from the view of adjacent properties with fence or shrubbery with
a minimum height of four feet.
(5)
The
sale of chickens or chicken eggs for commercial purposes is prohibited.
(6)
All
chicken-related materials and feed must be kept in a secure enclosed
structure on the premises so as to prevent vermin and any nuisance
to surrounding neighbors.
(7)
All
chicken waste must be stored in a insect-proof container and disposed
of regularly in a sanitary way acceptable to the Township.
(8)
It
shall be unlawful and shall constitute a nuisance if any chicken,
chicken coop/run, or fenced area produces odors, excessive noise,
at and beyond the property lines or attracts vermin, or is kept in
an unsanitary condition and/or is otherwise a concern to public health
in the discretion of the Zoning Officer.
(9)
The
keeping of chickens shall not be permitted as an accessory use on
a property where such use is prohibited by a covenant, restriction,
rule or regulation of a homeowners' or other association which includes
the property.
The following uses shall be prohibited in any
district in this Township:
A.
The storage above ground or partially above ground
of any inflammable or explosive materials in excess of 550 gallons
capacity, except when authorized as a special exception, and provided
that suitable and substantial fire and explosive protective means
are provided in accordance with Underwriters' Laboratories, Inc.,
requirements.
B.
The keeping, breeding and management of livestock
or poultry (not including chickens), except when associated with and
only where Agricultural II uses are permitted.
[Amended 12-17-2007 by Ord. No. 07-226Z; 6-13-2022 by Ord. No. 22-328Z]
C.
Flashing lights, except in connection with the direction
of aircraft.
D.
Any use which is noxious or offensive by reason of
odor, dust, smoke, gas, vibration or noise or any use which may constitute
a public hazard by fire, explosion or otherwise; no internal combustion
engine shall be permanently installed on any lot unless objectionable
noise and vibration is eliminated and it is equipped and supplied
with an effective muffler or silencer.
[1]
Editor's Note: Former § 230-151,
Conversion of dwellings, amended 6-22-1992 by Ord. No. 92-1, was repealed
7-23-2007 by Ord. No. 07-219Z.
[Amended 6-13-2022 by Ord. No. 22-328Z]
The yard regulations in any district to the contrary notwithstanding, no farm building or enclosure for the raising of livestock or poultry shall be located nearer to any lot line than 100 feet. This shall not apply to the requirements for the keeping of chickens as an accessory use under § 230-149 of this chapter.
Any swimming pool erected or maintained within
the Township shall be provided on all sides with an enclosing fence,
wall, gate, building or other structure not less than four feet in
height.
Private or semi-private recreation facilities
shall be subject to the following requirements:
B.
Location of facilities. Private or semi-private recreation facilities shall conform to the requirements for front, rear and side yards and for landscaping and screening as provided by § 230-38 of this chapter.
C.
Applications. An application for a special exception
to provide private or semi-private recreation facilities shall include
the following information:
(1)
All site information as required elsewhere in
this chapter.
(2)
Location of all proposed recreation facilities.
(3)
Detailed plans for all proposed facilities,
including, without limitation, lighting, screening, fencing, storm
drainage and sanitary facilities.
(4)
Detailed information on operation of facilities,
including, without limitation:
(a)
Membership limitations or requirements.
(b)
Documents creating associations or ownership
where such ownership or operational responsibility is to be transferred
to a party or parties other than owner of the development.
(c)
Operational details, including hours of operation,
type of supervision or security.
[Amended 8-3-1987 by Ord. No. 17-033]
[Added 7-28-1986 by Ord. No. 17-037]
All residential developments shall provide for
safe and efficient ingress and egress of traffic to conform to the
following standards:
A.
All entrance- and accessways shall be of sufficient
width, with widened radii where they meet the sides of roads and highways,
to conveniently and safely accommodate the flow of traffic. The locations
of entranceways shall be subject to the approval of the Board of Supervisors.
The entrance- and accessways shall be designed, constructed and maintained
to provide safe and efficient ingress and egress for traffic without
undue congestion or interference with the normal traffic flow on the
abutting streets and highways.
B.
If deemed appropriate by the Board of Supervisors
and approved by the Pennsylvania Department of Transportation when
required, the developer shall be required to widen the paved road
frontage abutting the residential site, install curbing along the
same and/or build acceleration and deceleration lanes to provide for
the safe and efficient ingress and egress of motor vehicles.
C.
Safe and efficient ingress and egress is to be provided
to and from public streets serving the site without undue congestion
or interference with traffic flow within the Township.
[Added 7-1-1991 by Ord. No. 17-063]
As defined in Article II, § 230-5, in this chapter, day-care facility uses shall conform to the following criteria and standards:
A.
General provisions. The following general provisions
apply to each of the three defined types of child day-care facilities.
In addition, each type of child day-care facility shall comply with
the specific individual regulations for each type of facility.
(1)
Categories included. The provisions of this
section pertain to day-care service for children by caregivers in
family day-care homes, group-day care homes and day-care centers,
subject to Chapter II, §§ 8A, 8B, and 8C of Department
of Public Welfare (DPW) Social Services Manual Regulations. Day-care
service for part of a twenty-four-hour day for children under 16 years
of age by caregivers, excluding care provided by relatives. Day-care
service for children shall not include babysitting or day care furnished
in places of worship during religious services.
(2)
Registration and licensing. Family day-care
homes, as defined in this chapter, must hold an approved and currently
valid DPW registration certificate. Group day-care homes and day-care
centers, as defined in this chapter, must hold an approved and currently
valid DPW license. In addition, all child day-care facilities shall
comply with all current DPW regulations, including those standards
governing adequate indoor space, accessible outdoor play space and
any applicable state or local building and firesafety codes.
(3)
Township notification. Each operator of a newly
established child day-care facility shall notify the Township in writing
at least 60 days prior to the initiation of such use, for the purpose
of allowing the Township to establish a record of the new land use.
Already existing licensed or registered facilities shall be required
to notify the Township of its operation in writing at least 60 days
after the enactment of this chapter. In addition, the operator of
any facility must certify compliance with all aspects of this chapter
and all other applicable Township requirements.
(a)
Family day-care homes must provide proof of
an approved DPW registration certificate at the time of initial notification
to the Township and must show proof of the registration renewal every
two years.
(b)
At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Township in writing at least 60 days prior to the expansion of the use and provide proof that all requirements for licensure by DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day care homes established in Subsection C below.
(c)
Group day-care homes and day-care centers must
provide proof of an approved and currently valid DPW license at the
time of initial notification to the Township and must provide proof
of annual license renewal.
(4)
Inspection. The operator of a family day-care
home, group day-care home or day-care center will allow appropriate
representatives of the Township to enter the property at reasonable
times to inspect such use for compliance with the requirements of
this section and all other applicable Township and state ordinances.
(5)
General safety. No portion of a child-care facility
shall be located within a distance of 1,000 feet of a hazardous land
use or activity which could pose a threat to the safety and welfare
of the children, staff and other occupants at the facility. Hazardous
land uses or activities include but shall not be limited to gasoline
service stations, heavy industrial operation, quarries, storage of
flammable materials, high-pressure underground pipelines, truck loading
areas, etc. Specifically, there shall not be objectionable or unsafe
levels of noise, vibration, fumes, odors, dust, glare, heat, toxic
gases, electric or electronic interference, liquid waste or sewage
or any other physical activity on sites within 1,000 feet.
B.
Zoning requirements. The various types of day-care
facilities shall be permitted uses in the following use districts
in Montgomery Township:
(1)
The family day-care home shall be permitted
by right in any residential district except the R-6 Golf Course District,
MHP Mobile Home Park District, R-3 Residential District and R-3A Residential
District, where it is not permitted. The family day-care home use
shall be permitted by right in any nonresidential district, except
the LI, where it is permitted only by conditional use.
[Amended 6-28-1999 by Ord. No. 99-111Z]
(2)
The group day-care home use shall be permitted
as a special exception in the R-1, R-2 and R-5 single-family detached
residential districts in the Township. The group day-care home use
shall be permitted by right in any nonresidential district, except
the LI Limited Industrial District, where it is permitted only by
conditional use.
(3)
The day-care center use shall be permitted by
right in any nonresidential district in the Township, except the LI
Limited Industrial District, where it is permitted only by conditional
use.
C.
Family day-care homes and group day-care homes shall
meet the following requirements:
(1)
Any residence used as a group day-care home
must have a minimum lot size of 20,000 square feet.
(2)
Group day-care homes shall be located no less
than 500 feet from any existing group day-care homes.
(3)
On-site parking. There shall be one on-site
parking space provided for each nonresident employee above.
(4)
Dropoff areas. A dropoff area shall be provided
with sufficient area to allow the temporary parking of one vehicle.
An existing driveway may be used for the dropoff area if it can be
demonstrated that there is sufficient space available in the driveway.
If a driveway is used for the dropoff area and the proposed use fronts
a major, secondary or rural street, an on-site turnaround area shall
be provided so that vehicles can exit the site driving forward. In
cases where the existing driveway cannot function as a dropoff area,
new on-site dropoff spaces, which conform to the dimensional standards
for parking spaces, shall be provided.
(5)
The requisite outdoor play area shall only be
located in the rear yard of the residence or subject property.
(6)
The outdoor play area of group day-care homes
shall not be located within 20 feet of an adjoining property line.
(7)
The outdoor play area shall be surrounded by
a safety fence impenetrable by children or small animals, with a minimum
height of four feet and constructed of materials suitable to the existing
residential environment.
(8)
The amount of floor area used for day-care purposes
shall not exceed 25% of the total floor area of the building.
(9)
Any sign shall comply with standards in this
chapter governing the use of signs in residential districts.
(10)
Hours of operation shall be limited to the hours
between 7:00 a.m. and 7:00 p.m.
(11)
Outdoor play shall be limited to the hours between
8:00 a.m. and 7:00 p.m.
D.
Day-care centers shall meet the following requirements:
(1)
The requisite outdoor play area shall only be
located in the rear yard of the subject property.
(2)
The outdoor play area shall not be located within
20 feet of an adjoining residential property line.
(3)
On-site parking. A minimum of one on-site parking
space shall be provided for each employee.
(4)
Dropoff area.
(a)
Number of dropoff spaces. A minimum of one safe
dropoff space shall be provided for each 10 children that the facility
is licensed to accommodate. Each dropoff space shall conform to the
dimensional standards for parking spaces.
(b)
Dropoff area location and design.
[1]
The dropoff area shall be located
immediately adjacent to the facility. The dropoff area should be designed
in such a way that pedestrians do not cross vehicular traffic lanes
in any parking area or driveway. The dropoff area may be designed
either as a part of the on-site parking area or as a part of the driveway
providing direct access to the day-care facility.
[2]
When the dropoff area is incorporated
into the on-site parking area, the parking spaces nearest to the facility
shall be designated as dropoff spaces. When the dropoff area is incorporated
into a driveway, the dropoff spaces shall be located within a vehicle
turnout area 12 feet in width, exclusive of the driveway through traffic
lane(s).
(5)
The outdoor play area shall be surrounded by
a safety fence impenetrable by children or small animals, with a minimum
height of four feet. Play areas adjacent to vehicular traffic areas
or parking shall be protected by a concrete New Jersey barrier or
equivalent barrier.
(6)
Any sign shall comply with standards in this
chapter governing the use of signs in the appropriate use district.
(7)
Outdoor play shall be limited to the hours between
8:00 a.m. and 7:00 p.m.
[Added 4-19-1993 by Ord. No. 93-11Z]
An application for any conditional use as specified
in the various Articles of this chapter shall be considered by the
Township Board of Supervisors according to the following procedures.
The Board may grant conditional use approval, provided that the applicant
complies with the following standards and criteria for conditional
uses and any other reasonable conditions imposed by the Board of Supervisors.
The burden of proof shall rest with the applicant.
A.
Applicant requirements.
(1)
The application shall be submitted in writing
to the Township Planning Commission.
(2)
The application shall include the request for
approval of a conditional use and sufficient information to document
compliance with the application standards and criteria of this chapter,
a tentative sketch plan of the proposed development and any study
deemed necessary by the Township Engineer. The applicant shall provide
with the application a list of every abutting lot owner on the same
street and every abutting lot owner directly across the street from
the lot or building in question.
(3)
The Township Planning Commission shall submit
one copy of the application to the Montgomery County Planning Commission
for its advisory review and other copies to agencies and/or technical
consultants whose review may be relevant.
B.
Public hearing.
(1)
The Board of Supervisors shall schedule a public
hearing thereon within 60 days from the date of the applicant's request,
unless the applicant has agreed, in writing, to an extension of this
time limit.
(2)
Public notice of the public hearing, stating
the time, place and the particular nature of the case to be considered,
shall be published twice in a newspaper of general circulation in
the Township. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing. The Township Secretary shall notify, by mailing
or delivering a notice thereof to the owner, if his residence is known,
or the occupier of every abutting lot on the same street and every
lot directly across the street from the lot or building in question,
provided that failure to give notice shall not invalidate any action
taken by the Board.
(3)
The Board of Supervisors shall consider the
comments and recommendations of the Township and County Planning Commissions,
other advisors and those present at the public hearing prior to deciding
to approve or deny the proposed use. In allowing a conditional use,
the Board of Supervisors may attach such reasonable conditions and
safeguards, in addition to those expressed in the ordinance, as it
may deem necessary to implement the purposes of this chapter.
C.
Standards and criteria. In deciding all applications
for conditional uses, the Board of Supervisors shall be guided by
the following standards and criteria:
(1)
The proposed use is permitted by conditional
use, and it will conform to the applicable regulations of the district
in which it is located or any district regulations which may relate
to or apply to the use, including but not limited to setbacks, building
coverage, open space and buffering.
(3)
Points of vehicular access to the lot are provided
at a distance from the intersections and other points of access and
in number sufficient to prevent undue traffic hazards and obstruction
to the movement of traffic.
(4)
The location of the site with respect to the
existing public roads giving access to it is such that the safe capacity
of the public roads is not exceeded by the estimated traffic attracted
or generated by the proposed use, and the traffic generated or attracted
is not out of character with the normal traffic using said public
roads.
(5)
A determination that the proposed use will not
have an unwarranted impact on traffic in the area, either creating
significant additional congestion in an area of existing congestion
or posing a threat of significant additional congestion where there
is a high probability of future congestion. In addition, the Board
shall consider whether the proposed use will create any traffic hazard
dangerous to the public safety.
(6)
Screening of the proposed use from adjacent
uses is sufficient to prevent the deleterious impact of the uses upon
each other, considering the type, dimension and character of the screening.
(7)
The proposed use does not adversely affect or
contradict Montgomery Township's Comprehensive Plan.
(9)
The proposed use is suitable for the character
of the neighborhood and the uses of the surrounding properties.
(10)
The proposed use will not impair an adequate
supply of light and air to adjacent property.
(11)
The proposed use will not adversely affect the
public health, safety or general welfare.
(12)
The proposed use will not adversely affect transportation
or unduly burden water, sewer, school, park or other public facilities.
(13)
The proposed use shall not overcrowd land or
create undue concentration of population or undue intensity of use.
D.
The Board of Supervisors shall render a written decision
on the application within 45 days after the last hearing in which
the Board considered the application.
E.
Where the Board of Supervisors fails to render a decision
within the period required by this section or fails to hold the required
hearing within 60 days from the date of the applicant's request for
a hearing, the decision shall be deemed to have been rendered in favor
of the applicant, unless the applicant has agreed, in writing or on
the record, to an extension of time.
F.
Approval of any conditional use shall expire one year
after the date of approval by the Board of Supervisors or the signing
of the development plan, whichever is later, if the applicant fails
to obtain a building permit or use and occupancy permit.
[Added 1-28-2002 by Ord. No. 01-140Z]
No outdoor vending machine, self-service station,
or similar use such as an automated teller machine shall be permitted
in any required yard area.
[Added 3-10-2003 by Ord. No. 03-167Z; amended 6-25-2012 by Ord. No. 12-259Z; 9-13-2021 by Ord. No. 21-322Z]
A.
Zoning requirements. Outdoor dining area shall be
permitted as an accessory use in the C, S, RS, and ECPOD Overlay Districts.
B.
Floor area devoted to outdoor dining shall provide
for off-street parking in the same manner as prescribed for restaurant
use.
C.
The area designated and used for outdoor dining shall
comply with all other zoning requirements such as yards, building
setbacks, impervious surface ratio, and setbacks from parking areas.
D.
The outdoor dining area shall not infringe on any
public sidewalk, or encroach upon required green space or parking
areas; and shall be physically separated from the above by any combination
of railing, fence, deck, planting boxes, or natural vegetation.
E.
Where parking spaces abut and are perpendicular to
paved walkways, the design shall provide for placement of bollards
spaced five feet on center, a minimum of 16 inches from the front
face of the curb, edge of parking space across the width of all the
parking spaces.
F.
Outdoor
service and music shall end no later than 11:00 p.m., and there shall
be no amplified music outdoors.
G.
Only
tables, chairs, umbrellas, stations for condiments and silverware,
and containers for the disposal of recyclable cans/bottles and garbage
shall be permitted within any outdoor dining area.
H.
Refuse
facilities shall be provided.
I.
All
food preparation shall be in the regular kitchen area of the restaurant,
not outside.
J.
All
outdoor food service is subject to the regulations of the Montgomery
County Department of Health, and the Pennsylvania Liquor Control Board.
K.
All
outdoor dining areas are subject to the regulations of the Building
Code including the increase in the number of restroom facilities required
due to the increase in occupant load of the facility.
L.
All
outdoor dining must maintain pedestrian and traffic safety, including
a clear path (six feet wide) of travel for pedestrian flow.
[Added 11-28-2005 by Ord. No. 05-203Z]
A.
The following provisions shall apply:
(1)
A flag lot shall provide a lot area of 150%
of the minimum established for the individual district and shall not
include the area located in the access strip.
(2)
Each flag lot shall abut along a public street
for a width of not less than 25 feet and this minimum width shall
be maintained along the entire length of the access strip. The portion
of a flag lot required for the access driveway shall not be included
in calculating the required front, side or rear yards, or the minimum
required lot area.
(3)
The driveway serving flag lots shall be paved
and provide a minimum of 12 feet in width and shall provide a vertical
clearance of not less than 13 feet six inches.
(4)
The front yard of a flag lot shall be positioned
between the new building and the street from which access is taken.
(5)
The front yard of a flag lot shall be parallel
to the street from which access is taken.
(6)
All required side and rear yards shall be not
less than 150% of the minimum required by the district, but in no
event shall a side yard be less than 20 feet nor a rear yard less
than 40 feet.
(a)
The front yard setback for a flag lot shall
be a distance equal to the front yard requirements for the district
in which the lot is located and shall be measured for the point where
the lot first obtains the minimum required lot width.
(7)
No flag lot shall contain an access strip which
extends through or beyond more than one tier of lots.
(8)
All flag lots shall be provided with public
water and sanitary sewer.
(9)
A flag lot approved pursuant to this section
shall not be permitted to be further subdivided.
(10)
Flag lots will be permitted for single-family
detached units only.
(11)
Flag lots shall only be permitted when the area
cannot practically be subdivided.
B.
Flag lots, subject to the above regulations, shall
be permitted when approved as a conditional use by the Board of Supervisors.
[Added 9-12-2022 by Ord. No. 22-329Z]
A smoking lounge may not be within 1,000 feet from the nearest
smoke lounge or vape store property line and must be more than 1,000
feet from the property line of any public, private or parochial school,
and day-care center or family day-care use.
