Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Red Hill, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 300, 12/4/1984, § 3.1; as amended by Ord. 434, 1/12/2005]
1. 
For the purpose of this Chapter, zoning districts are hereby established as follows:
AG
Agricultural District
R-1
Residential District
R-2
Residential District
R-3
Residential District
R-4
Residential District
RR
Retail Residential District
SC
Shopping Center District
LI
Limited Industrial District
MH
Mobile Home District
2. 
For the purpose of this Chapter, zoning overlay districts are hereby established as follows:
[Amended by Ord. 2014-508, 9/10/2014; and by Ord. 2017-534, 7/12/2017]
ROP
Residential Office Preservation
VRO
Village Residential Overlay
WC1
Wireless Communication Attachment
WC2
Wireless Communication Structure
[Ord. 300, 12/4/1984, § 3.2]
1. 
Unless otherwise provided by law or specifically in this Chapter, no land or building or structure shall be used or occupied except for a use permitted in the zoning district within which the land or building or structure is located.
2. 
The regulations set by this Chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this Chapter.
3. 
No building, structure or land shall hereafter be erected, constructed, reconstructed, moved or structurally altered internally or externally and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
4. 
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
5. 
No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.
6. 
Any territory which may hereafter be annexed to the Borough shall be classified as the zoning district of the Borough most similar to the zoning of such territory before annexation (as determined by the Zoning Hearing Board) until otherwise classified.
[Ord. 300, 12/4/1984, § 3.3; as amended by Ord. 2014-508, 9/10/2014]
1. 
That certain map entitled "Official Zoning Map of the Borough of Red Hill" prepared by Barry Isett and Associates and adopted by Borough Council on September 10, 2014, which is incorporated herein by reference, is hereby declared to be the Official Zoning Map of the Borough of Red Hill.
2. 
The Official Zoning Map of the Borough of Red Hill is hereby identified by the signature of the President of Borough Council and attested by the Borough Secretary bearing the adoption date of September 10, 2014, along with the seal of the Borough under certification of the following words: "This is to certify that this is the Official Zoning Map of the Borough of Red Hill adopted September 10, 2014, as part of the Zoning Ordinance of the Borough of Red Hill, which shall supersede all prior Official Zoning Maps."
3. 
Changes of any nature to the Official Zoning Map shall be made in conformity with the requirements of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
4. 
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map of the Borough of Red Hill shall be located in the Borough Office and shall be the final authority on the boundaries and districts. The Zoning Officer shall have a certified copy of the Official Zoning Map for official use.
[Ord. 300, 12/4/1984, § 3.4]
1. 
Zoning boundaries drawn approximately following the center lines of streams, drainage ways, streets, alleys, railroads or other rights-of-way shall be construed to follow such center lines. In the event of any change in the center line, the zoning boundary shall be construed as moving with the actual center line.
2. 
Boundaries approximately following property lot lines shall be construed as following such property lot lines.
3. 
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of such map.
4. 
Where physical features existing on the ground vary with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) through (3) above, the Zoning Hearing Board shall interpret the district boundaries.
[Ord. 300, 12/4/1984, § 3.5; as amended by Ord. 423, 9/8/2004; and by Ord. 446A, 12/14/2005, § I]
1. 
Purpose. The purpose of an AG Agricultural District is to encourage the continuation of farming, a rural-farm setting, and an attractive rural residential living environment for single family homes on relatively large lots. It is a further purpose of the AG Agricultural District to provide for village housing to permit the development of land with single-family detached or attached housing on large sites with area set aside for open space. The open space requirement can be satisfied with a fee-in-lieu or a credit for other improvements, as determined by Borough Council.
2. 
Uses Permitted by Right or by Conditional Use.
A. 
Each of the following principal uses and their accessory uses are permitted by right in the AG Agricultural District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements are satisfied:
(1) 
Agricultural.
(2) 
Single-family detached dwelling.
(3) 
Bus shelters are permitted as an accessory use in conjunction with an approved Village Housing Development, provided that the location of the bus shelter and specifications for its construction are deemed satisfactory by Borough Council and appropriate School District officials.
B. 
The following principal use and its accessory use are permitted by conditional use in the AG Agricultural District by the Borough Council, provided that the use type, dimensional and all other applicable requirements of this Chapter are satisfied:
(1) 
Village housing.
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the AG Agricultural District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 of this Chapter.
A. 
Recreational uses operated noncommercially.
B. 
Educational institution.
C. 
Religious institution.
D. 
Nurseries and greenhouses.
E. 
Agricultural industries.
F. 
Commercial stables.
G. 
Kennels.
H. 
Animal hospitals.
4. 
Accessory Uses.
A. 
Each accessory use in the AG Agricultural District shall comply with the minimum yard requirements of subsection (6), except as specifically provided for in this Chapter.
B. 
Each of the following accessory uses shall be permitted in the AG Agricultural District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Roadside stand for the sale of products produced on the premises.
(2) 
Farm pond.
(3) 
Home gardening, nursery or greenhouse.
(4) 
Noncommercial swimming pool. (See setback requirements in § 27-316, Subsection 3H, of this Chapter.)
[Amended by Ord. 2015-519, 9/9/2015]
(5) 
Private garage.
(6) 
Solar energy system.
(7) 
Windmill.
(8) 
Tennis court.
(9) 
Home occupation.
(10) 
Off-street parking space.
(11) 
Garage sales.
(12) 
Any other accessory use which, in the opinion of the Zoning Hearing Board, is considered to be essential and incidental to the permitted principal use.
C. 
Each of the following accessory uses are prohibited in the AG Agricultural District:
(1) 
Any use which violates a provision of Parts 4 or 5.
(2) 
Commercial or industrial outdoor storage or display.
(3) 
Dump.
5. 
Dimensional Requirements. Each of the following dimensional requirements shall apply to each use in the AG Agricultural District, except as specifically provided for in this Chapter:
A. 
In order to utilize property for Village Housing, the property must be zoned AG Agricultural District and have the following minimum requirements:
(1) 
Minimum site area of five acres.
(2) 
Minimum set-aside for open space of 50% of the gross site area which can be satisfied in the following ways:
(a) 
Develop property with 50% of the gross site area set aside for open space;
(b) 
Pay fee-in-lieu of open space in the amount of $10,150 per dwelling unit; or
(c) 
Receive credit for buildings or off-site improvements dedicated to the Borough or other improvements to Borough property, as determined by Borough Council; or
(d) 
Any combination of the above as determined to be acceptable by Borough Council.
(3) 
Maximum density:
(a) 
Single-family detached dwelling: five dwelling units per gross acre.
(b) 
Single-family attached dwelling: 8.2 dwelling units per gross acre.
B. 
Lot Requirements and Building Height Restrictions. All proposed uses in the AG Agricultural District shall meet the following dimensional requirements:
AG Lot Area, Width, Depth and Height Requirements
Principal Use
Minimum Lot Area
Minimum Building Width
(feet)1
Maximum Building Coverage
(%)
Maximum Building Height
(feet)2
Agriculture
2 acres
200
10
35
Single-family 2 acres detached dwelling (non-village housing)
2 acres
200
10
35
Single-family detached dwelling (village housing)
6,000 square feet
50
35
35
Single-family attached dwelling (village housing)
2,000 square feet (lot analysis only if footprint lots are sold)
20
65
35
NOTES:
1
Measured at the minimum front yard line in § 27-305.6, for the particular use.
2
This height may be exceeded, provided an additional side yard setback of one foot shall be provided for every two feet or fraction thereof increase in height above 35 feet.
6. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the AG Agricultural District, except as specifically provided for in this Chapter:
AG — Minimum Yard Requirements
Principal Use
Front Yard
(feet)
Side Yard
(feet)3
Rear Yard
(feet)
Agricultural
50
41/100
50
Single-family detached dwelling (nonvillage housing)
50
41/100
50
Single-family 25 feet detached dwelling (village housing)
25 feet from cartway
5/15
30
Single-family attached dwelling (village housing)
25 feet from cartway
10 (end unit only)
24
NOTES:
3
Each/both
7. 
Additional Requirements and Restrictions Applicable to Attached Village Housing. When developing attached village housing communities, a maximum of eight attached townhouse-style dwelling units may be attached to create a townhouse building. In order to create variations in the facade, townhouse building front walls must be offset to a depth of at least two feet in intervals of 50 feet or less.
[Ord. 300, 12/4/1984, § 3.6; as amended by Ord. 424, 5/12/2004, § I; and by Ord. 434, 1/12/2005, § I]
[Ord. 300, 12/4/1984, § 3.7; as amended by Ord. 424, 5/12/2004, § I; and by Ord. 442, 9/24/2005, §§ I and II]
1. 
Purpose. The R-1 Residential District is intended to protect existing residential areas from incompatible land uses and to provide for the continuation of relatively low density single family residential development in appropriate areas of the Borough. This district also provides for certain public and semi-public uses considered necessary to the general welfare of the District.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the R-1 Residential District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this Chapter are satisfied:
A. 
Single-family detached dwelling.
B. 
Single-family semidetached dwelling.
C. 
Public park and recreational area.
D. 
No-impact home-based business.
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the R-1 Residential District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 of this Chapter, provided a minimum lot area of two acres shall be provided:
A. 
Religious institutions.
B. 
Educational institutions.
C. 
Child day care center.
4. 
Accessory Uses.
A. 
Each accessory use in the R-1 Residential District shall comply with the minimum yard requirements of subsection (6), except as specifically provided for in this Chapter.
B. 
Each of the following accessory uses shall be permitted in the R-1 Residential District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Private garage.
(2) 
Off-street parking space.
(3) 
Home occupation pursuant to the special exception procedures and standards of § 27-315.
(4) 
Professional office pursuant to the special exception procedures and standards of § 27-315.
(5) 
Home gardening, nursery or greenhouse.
(6) 
Garage sales.
(7) 
Noncommercial swimming pool. (See setback requirements in § 27-316, Subsection 3H, of this Chapter.)
[Amended by Ord. 2015-519, 9/9/2015]
(8) 
Tennis court.
(9) 
Solar energy system.
(10) 
Any other accessory use which, in the opinion of the Zoning Hearing Board, is considered to be essential and incidental to the permitted principal use.
C. 
Each of the following accessory uses are prohibited in the R-1 Residential District:
(1) 
Any use which violates a provision of Parts 4 or 5.
(2) 
Commercial or industrial outdoor storage or display.
(3) 
Dump.
5. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the R-1 Residential District, except as specifically provided for in this Chapter:
R-1
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet)
Minimum Lot Width1
(feet)
Maximum Building Coverage
(%)
Maximum Building Height2
(feet)
Any use
16,000/ dwelling
80
30
30
NOTES:
1
Measured at the minimum front yard listed in subsection (6) for the particular use.
2
This height may be exceeded, provided an additional side yard setback of one foot shall be provided for every foot or fraction thereof increase in height above 30 feet. In no event shall the maximum building height exceed 40 feet.
6. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the R-1 Residential District, except as specifically provided for in this Chapter:
R-1
Minimum Yard Requirements
Principal Use
Front Yard
(feet)
Side Yard2
(feet)
Rear Yard
(feet)
Single family detached dwelling
40
10/251
75
Single family semidetached dwelling
40
15
75
Any other use
40
15
75
NOTES:
1
Each/both.
2
In the case of a corner lot, the yard abutting a street shall be equal to the minimum required front yard, or the average existing front yard for a distance of 100 feet along said street.
7. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the R-1 Residential District shall be 35% of the total lot area where the principal use is a single-family detached dwelling, and shall be 40% of the total lot area for all other uses.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.8; as amended by Ord. 424, 5/12/2004, § I; by Ord. 438, 5/11/2005; and by Ord. 442, 9/14/2005, §§ III, IV, V]
1. 
Purpose. The R-2 Residential District is intended to protect existing residential uses from incompatible land uses and to provide reasonable standards for medium density single-family and two-family residential developments in appropriate areas of the Borough. Certain public and semi-public uses are also provided for in this District.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the R-2 Residential District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this Chapter are satisfied:
A. 
Single-family detached dwelling.
B. 
Single-family semidetached dwelling.
C. 
Two family detached dwelling.
D. 
Public park and recreational area.
E. 
No-impact home-based business.
F. 
Fire station.
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the R-2 Residential District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 of this Chapter, provided a minimum lot area of two acres is provided:
A. 
Religious institution.
B. 
Educational institution.
C. 
Child day care center.
D. 
Membership club.
E. 
Library.
F. 
Community center building (nonprofit).
4. 
Accessory Uses.
A. 
Each accessory use in the R-2 Residential District shall comply with the minimum yard requirements of subsection (6), except as specifically provided for in this Chapter.
B. 
Each of the following accessory uses shall be permitted in the R-2 Residential District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Private garage.
(2) 
Off-street parking space.
(3) 
Home occupation pursuant to the special exception procedures and standards of § 27-315.
(4) 
Professional office pursuant to the special exception procedures and standards of § 27-315.
(5) 
Home gardening, nursery or greenhouse.
(6) 
Garage sales.
(7) 
Noncommercial swimming pool. (See setback requirements in § 27-316, Subsection 3H, of this Chapter.)
[Amended by Ord. 2015-519, 9/9/2015]
(8) 
Tennis court.
(9) 
Solar energy system.
(10) 
Any other accessory use which, in the opinion of the Zoning Hearing Board, is considered to be essential and incidental to the permitted principal use.
C. 
Each of the following accessory uses are prohibited in the R-2 Residential District:
(1) 
Any use which violates a provision of Parts 4 or 5.
(2) 
Commercial or industrial outdoor storage or display.
(3) 
Dump.
5. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the R-2 Residential District, except as specifically provided for in this Chapter.
R-2
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet or acres)
Minimum Lot Width1
(feet)
Maximum Building Coverage
(%)
Maximum Building Height2
(feet)
Single family detached dwelling
10,500
60
30
30
Single family semidetached dwelling
6,000
40
30
30
Two family detached dwelling
12,000
80
30
30
Fire station
4 acres
350
30
30
Any other use
87,120
60
30
30
NOTES:
1
Measured at the minimum front yard listed in subsection (6) for the particular use.
2
In the case of a corner lot, the yard abutting a street shall be equal to the minimum required front yard, or the average existing front yard for a distance of 100 feet along said street.
6. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the R-2 Residential District, except as specifically provided for in this Chapter:
[Amended by Ord. 2013-497, 6/5/2013]
R-2
Minimum Yard Requirements
Principal Use
Front Yard1
(feet)
Side Yard2
(feet)
Rear Yard
(feet)
Single family detached dwelling
30
8/203
50
Single family semidetached dwelling
30
84
50
Two family detached dwelling
30
8/203
50
Fire station
50
15
50
Any other use
30
15
50
NOTES:
1
If the block on which the site fronts is more than 50% developed, the setback of the majority of the existing buildings on that block must be used, except in no case shall the setback line be less than 20 feet from the street line.
2
In the case of a corner lot, the yard abutting a street shall be equal to the minimum required front yard or the average existing front yard for a distance of 100 feet along said street.
3
Each/both.
4
The minimum yard requirements for side yards on single-family semidetached dwellings shall not apply to the attached side of any dwelling lawfully attached to another dwelling. The minimum yard requirements for side yards shall be applicable to the unattached sides of single-family semidetached dwellings.
7. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the R-2 Residential District shall be 45% of the total lot area where the principal use is a single-family detached dwelling, and shall be 50% of the total lot area for all other uses.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.9; as amended by Ord. 407, 4/11/2001, § 1; by Ord. 424, 5/12/2004, § I; by Ord. 442, 9/14/2005, §§ VI, VII; and by Ord. 443, 9/14/2005, § II]
1. 
Purpose. The R-3 Residential District is intended to protect existing residential areas from incompatible land uses and to provide reasonable standards for high density residential development including single family and two-family dwellings and townhouses, in those areas of the Borough where such uses are consistent with the existing character of development. The District also provides for certain public and semi-public uses considered necessary to the general welfare of the District.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the R-3 Residential District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this Chapter are satisfied:
A. 
Single-family detached dwelling.
B. 
Single-family semidetached dwelling.
C. 
Two family detached dwelling.
D. 
Public park and recreational area.
E. 
No-impact home-based business.
F. 
Single or mixed uses in any single building or buildings consisting of retail, office, personal or professional services, government services and facilities, multi-family, or restaurant uses only on properties with an existing building or buildings that were constructed for and continually used primarily for non-residential use or mixed non-residential and residential use.
[Added by Ord. No. 2022-585, 12/14/2022]
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the R-3 Residential District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 of this Chapter:
A. 
Single-family attached dwelling, provided that such dwellings shall be constructed in a series of not more than eight dwelling units and that all units of the series shall be constructed at the same time.
B. 
Multifamily dwellings.
C. 
Religious institutions.
D. 
Educational institutions.
E. 
Child day care center.
F. 
Membership club.
G. 
Library.
H. 
Community center building (nonprofit).
4. 
Accessory Uses.
A. 
Except as otherwise provided in this Chapter, no detached or attached accessory building or structure shall be erected in any required front yard and no detached accessory building or structure shall be erected within five feet of any other building or structure. A private garage or other building or structure accessory to a permitted dwelling, which is not a structural part of a dwelling, may be erected in the required rear and side yards; provided, that such accessory building or structure: (1) shall not be less than 10 feet further back from the rear most portion of the dwelling, unless attached, (2) may not be closer than three feet from the property line if the lot is 20,000 square feet or less and (3) does not interfere with visibility and a clear sight triangle for lots adjacent to public or private streets or alleys. The reduced setback shall be increased to 10 feet for any property over 20,000 square feet.
[Amended by Ord. No. 2019-561, 10/9/2019]
B. 
Each of the following accessory uses shall be permitted in the R-3 Residential District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Private garage.
(2) 
Off-street parking space.
(3) 
Home occupation pursuant to the special exception procedures and standards of § 27-315.
(4) 
Professional office pursuant to the special exception procedures and standards of § 27-315.
(5) 
Home gardening, nursery or greenhouse.
(6) 
Garage sales.
(7) 
Noncommercial swimming pool. (See setback requirements in § 27-316, Subsection 3H.)
[Amended by Ord. 2015-519, 9/9/2015]
(8) 
Tennis court.
(9) 
Solar energy system.
(10) 
Any other accessory use which, in the opinion of the Zoning Hearing Board, is considered to be essential and incidental to the permitted principal use.
C. 
Each of the following accessory uses are prohibited in the R-3 Residential District:
(1) 
Any use which violates a provision of Parts 4 or 5.
(2) 
Commercial or industrial outdoor storage or display.
(3) 
Dump.
5. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the R-3 Residential District, except as specifically provided for in this Chapter:
R-3
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage
(%)
Maximum Building Height1
(feet)
Single family detached dwelling
9,000
50
30
30
Single family semidetached dwelling
5,250
30
35
30
Two family detached dwelling
9,000
50
30
30
Single family attached dwelling
2,000
20
35
30
Multifamily dwelling
3,000/ dwelling
125
30
30
Any other use
87,120
50
30
30
NOTES:
1
This height may be exceeded; provided, an additional side yard setback of one foot shall be provided for every one foot or fraction thereof increase in height above 35 feet.
6. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the R-3 Residential District, except as specifically provided for in this Chapter:
[Amended by Ord. 2013-497, 6/5/2013]
R-3
Minimum Yard Requirements
Principal Use
Front Yard1
(feet)
Side Yard2
(feet)
Rear Yard
(feet)
Single family detached dwelling
20
6/153
25
Single family semidetached dwelling
20
104
25
Two family detached dwelling
20
6/153
25
Single family attached dwelling
20
84
25
Multifamily dwelling
20
10
25
Any other use
30
15
50
NOTES:
1
If the block on which the site fronts is more than 50% developed, the setback of the majority of the existing buildings on that block must be used, except in no case shall the setback line be less than 20 feet from the street line.
2
In the case of a corner lot, the yard abutting a street shall be equal to the minimum required front yard or the average existing front yard for a distance of 100 feet along said street.
3
Each/both.
4
The minimum yard requirements for side yards on single-family semidetached dwellings and single-family attached dwellings shall not apply to the attached side of any dwelling lawfully attached to another dwelling. The minimum yard requirements for side yards shall be applicable to the unattached sides of single-family semidetached dwellings and single-family attached dwellings.
7. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the R-3 Residential District shall be 50% of the total lot area.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.10; as amended by Ord. 405, 10/11/2000, § 1; by Ord. 407, 4/11/2001, § II; by Ord. 409, 6/13/2001, § III; by Ord. 424, 5/12/2004, § I; and by Ord. 429, 9/8/2004]
1. 
Purpose. The R-4 Residential District is intended to encourage the logical and timely development of land for multiple-family dwelling purposes in accordance with the objectives, policies and proposals of the comprehensive plan; to permit a variety of housing types which conforms to the intent of the comprehensive plan and zoning ordinance; to assure the suitable design of the multiple-family dwelling in order to protect the surrounding neighborhoods; to insure that the said development will constitute a residential environment of sustained desirability and stability; to minimize traffic congestion, overcrowding of the land, noise and glare, so as to lessen the danger to the public safety. Certain public and semi-public uses are also provided for in this District.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the R-4 Residential District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this Chapter are satisfied:
A. 
Low-rise apartment.
B. 
Mid-rise apartment.
C. 
Public park and recreational areas.
D. 
No-impact home-based business.
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the R-4 Residential District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 of this Chapter:
A. 
Housing for the Elderly.
4. 
Conditional Uses. Each of the following principal uses may be permitted in the R-4 Residential District by the Borough Council in accordance with the standards contained in § 27-317 of this Chapter:
A. 
Age qualified housing.
5. 
Accessory Uses.
A. 
Except as otherwise provided in this Chapter, no detached or attached accessory building or structure shall be erected in any required front yard and no detached accessory building or structure shall be erected within five feet of any other building or structure. A private garage or other building or structure accessory to a permitted dwelling, which is not a structural part of a dwelling, may be erected in the required rear and side yards; provided, that such accessory building or structure: (1) shall not be less than 10 feet further back from the rear most portion of the dwelling, unless attached, (2) may not be closer than three feet from the property line if the lot is 20,000 square feet or less and (3) does not interfere with visibility and a clear sight triangle for lots adjacent to public or private streets or alleys. The reduced setback shall be increased to 10 feet for any property over 20,000 square feet.
[Amended by Ord. No. 2019-561, 10/9/2019]
B. 
Each of the following accessory uses shall be permitted in the R-4 Residential District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Private garage.
(2) 
Off-street parking space.
(3) 
Self-service laundry.
(4) 
Barber shop or beauty salon.
(5) 
Noncommercial swimming pool. (See setback requirements in § 27-316, Subsection 3H, of this Chapter.)
[Amended by Ord. 2015-519, 9/9/2015]
(6) 
Tennis court.
(7) 
Community room intended solely for the use of residents of the development.
(8) 
Indoor recreation area intended solely for the use of residents of the development.
(9) 
Solar energy system.
(10) 
Any other accessory use which, in the opinion of the Zoning Hearing Board, is considered to be essential and incidental to the permitted principal use.
C. 
Each of the following accessory uses are prohibited in the R-4 Residential District:
(1) 
Any use which violates a provision of Parts 4 or 5.
(2) 
Commercial or industrial outdoor storage or display.
(3) 
Dump.
6. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the R-4 Residential District, except as specifically provided for in this Chapter:
R-4
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet)
Minimum Lot Width1
(feet)
Maximum Density
(d.u./acre)
Maximum Building Coverage
(%)
Maximum Building Height2
(feet)
Low-Rise Apartment
40,000
200
6
30
35
Mid-Rise Apartment
65,000
225
10
20
35
Housing for Elderly
Low-Rise
40,000
200
15
30
35
Mid-Rise
65,000
225
20
20
55
NOTES:
1
Measured at the minimum front yard listed in subsection (7) for the particular use.
2
For any building or structure accessory to a dwelling, the maximum height shall be 20 feet.
7. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the R-4 Residential District, except as specifically provided for in this Chapter:
R-4
Minimum Yard Requirements
Principal Use
Front Yard
(feet)
Side Yard
(feet)
Rear Yard
(feet)
Minimum Distance Between Buildings
Low-Rise Apartment
35
25
25
25
Mid-Rise Apartment
50
50
50
50
Housing for the Elderly
Low-Rise
25
25
25
25
Mid-Rise
50
50
50
50
8. 
Development Regulations. The following regulations shall apply to any development proposal for low-rise or mid-rise apartments in an R-4 Residential District.
A. 
Ownership. The tract of land 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, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan. Transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in subsection (8)(C) void. Said agreement shall then be renegotiable between the new owner(s) and the Borough Council.
B. 
Sewer and Water Facilities. The tract of land shall be served by public sewer facilities and centralized water facilities deemed acceptable by the Borough Council and the Pennsylvania Department of Environmental Protection, upon recommendation of the Borough Engineer.
C. 
Development Plan. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer and Borough shall enter into said agreement embodying all details regarding compliance with this Part to ensure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
D. 
Parking. Not less than two off-street parking space shall be required for each dwelling unit.
(1) 
In addition to parking provided for dwelling units, other permitted uses, where included, shall be provided with parking space in accordance with Part 7, herein.
(2) 
Common parking areas for six or more cars shall be placed so as not to interfere with any recreation or service area and shall be located not less than 15 feet from property lines or street ultimate right-of-way lines. Parking setbacks may be eliminated when parking facilities abut adjacent commercial developments.
(3) 
For parking areas storing 10 or more cars, not less than 10% of the area devoted to parking facilities shall consist of interior parking lot landscaping.
E. 
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving a development in an R-4 Residential District without causing undue congestion or interference with the normal traffic flow. The Planning Commission shall review the adequacy of the streets intended to carry the additional traffic generated by the development, as well as the planned access points intended to serve the proposed development.
F. 
Signs. All signs erected in an R-4 Residential District shall be in accordance with Part 6 of this Chapter.
G. 
Utilities. All utility lines (electric, telephone, etc.) shall be placed underground.
H. 
Common Areas and Facilities. The developer shall provide a minimum of 30% of the total site area as open space usable for active or passive recreation by the residents of the development. Any common area shall first be offered for dedication to the Borough. In addition, the developer shall give consideration to the provision of community areas, laundry facilities, playgrounds, to lots and other amenities necessary for the comfort and convenience of apartment residents. Provisions satisfactory to Borough Council must be made for the care and maintenance of common facilities. Use of these facilities may be restricted to residents of the development and may be maintained by the developer, a homeowners' association or similar entity.
I. 
Lighting Facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of the residents of the development as determined by the Borough Engineer and shall be installed by the developer at his expense.
J. 
Buffer Area. A development located in an R-4 Residential District shall have a permanent landscaped planting area of at least 10 feet in depth designed to soften the visual impact of the proposed development on abutting properties. This requirement may be reduced or waived by the Borough Council when the proposed development abuts a publicly-owned park or when existing vegetation on abutting properties achieves the same effect. Any request for reduction or waiver of the buffer requirements shall be submitted in writing to the Borough Council and shall be accompanied by a site plan indicating the placement of buildings within the proposed development and the location of contiguous public open space and/or existing vegetation on adjacent properties. The Planning Commission shall review any such request and shall submit its recommendations to the Borough Council.
K. 
Service. Areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other services shall be provided and shall be adequate in size. Such areas shall be so arranged that they may be used without blockage or interference with the use of access-ways or automobile parking areas. Common refuse collection areas shall be shielded from the direct view of any adjacent property by walls which measure a minimum of six feet in height.
L. 
Procedural Requirements. An application for development in an R-4 Residential District shall be accompanied by a plan, or plans, showing the detailed use of the entire tract, which plan or plans shall comply with all requirements of other applicable ordinances of the Borough and which shall clearly designate the proposed use(s) of each area of the tract. Development plans required in this district shall include the following:
(1) 
The location and size of the site with evidence supporting the general adequacy of the site to accommodate the magnitude of the proposed development.
(2) 
The proposed residential density and the area planned for any nonresidential uses.
(3) 
The location, size, accessibility and proposed uses of the required open space, manner of ownership and maintenance, and a copy of the covenant to be incorporated in the individual deeds, if applicable.
(4) 
The location of proposed utility and drainage systems.
(5) 
Total number and location of all off-street parking spaces.
(6) 
Plans and renderings indicating the design and placement of buildings and landscaping within the proposed development.
(7) 
The text of covenants, easements and existing restrictions or those to be imposed upon the land or structure, including provisions for public utilities.
(8) 
In the case of plans involving staged development over a period exceeding one year, a schedule showing the time and manner of completion of all phases of construction.
M. 
Special Provisions Concerning Townhouses. When developing townhouse communities in the R-4 District under the Low-Rise Apartments regulations, a maximum of eight townhouse dwelling units may be attached to create a townhouse building. In order to create variation in the facade, townhouse building front walls must be offset to a depth of at least four feet in intervals of 50 feet or less.
9. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the R-4 Residential District shall be 60% of the total lot area.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.11; as amended by Ord. 411, 5/22/2002, § 1; by Ord. 424, 5/12/2004, § I; by Ord. 434, 1/12/2005, § II; by Ord. 443, 9/14/2005, § III; and by Ord. 447, 2/8/2006, § I]
1. 
Purpose. The purpose of the RR Retail Residential District is to establish reasonable standards of design and performance and selection of uses permitted therein, the height and size of buildings, the areas and dimensions of yards and open space and the provision of facilities to minimize traffic congestion for the privilege of conducting a convenience type retail use that will be harmonious with the neighborhood it shall serve, and will maintain and protect the character and building values of the adjoining districts. The Retail Residential District shall also provide for the mixing of uses within large structures so that existing buildings that may otherwise be underutilized may serve to efficiently accommodate a variety of functions and services for the benefit of the community.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right or conditional use, where noted, in the RR Retail Residential District, provided that the use type, dimensional and all other applicable requirements of this Chapter are satisfied:
[Amended by Ord. 2014-512, 12/10/2014]
A. 
Single-family detached dwelling.
B. 
Single-family semidetached dwelling.
C. 
Two-family dwelling.
D. 
Single-family attached dwelling, provided vehicle access is from the rear of the dwelling.
[Amended by Ord. No. 2022-578, 4/13/2022]
E. 
Public park and recreational areas.
F. 
No-impact home-based business.
G. 
Place of worship and/or a religious school, day care or preschool program subject to the following conditions:
(1) 
A minimum of a two-acre lot size shall be required for this use.
H. 
Mixed uses in a single structure consisting of a mix of institutional, retail, office, personal or professional services, government, religious or community service organizations, provided that the following conditions apply:
(1) 
The mixed uses shall be permitted within existing structures having a minimum of 10,000 square feet of gross floor area and the place of worship or religious school shall occupy a minimum of 25% of the total floor area, then mixed uses including retail, office, service and governmental uses shall be permitted when authorized as a conditional use.
(2) 
The mixed uses may include a variety of the above types, including tenants. However, at least one use must be considered as the primary use occupying at least 25% of the total floor area. The primary use, whether tenant or title owner, shall be responsible for the management and maintenance of the entire facility. In the event the primary use is a tenant, the management and maintenance provisions in the lease or other management and maintenance agreements shall be subject to review by the Borough Solicitor and approval by Borough Council prior to or as a condition of the grant of conditional use.
(3) 
The mixed-use structure shall be supported by off-street parking to accommodate the mix of uses in Table 7.1, Off-Street Parking Requirements Schedule.[1] In the case of mixed uses which generally do not require parking at the same times (example: place of worship and a weekday retail shop), this parking for mixed uses shall include the sharing or joint use of parking spaces to satisfy 80% of the required number of parking spaces.
[1]
Editor's Note: See § 27-701.
I. 
Government services and facilities shall be permitted with the option for lease of unoccupied space for general or professional office use and/or community service organization use.
3. 
(Reserved)
4. 
Accessory Uses.
A. 
Each accessory use in the RR Retail Residential District shall comply with the minimum yard requirements contained in § 27-311, Subsection 7, except as specifically provided for in this Chapter.
B. 
Each of the following accessory uses shall be permitted in the RR Retail Residential District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Private garage.
(2) 
Off-street parking space.
(3) 
Home occupation.
(4) 
Home gardening, nursery or greenhouse.
(5) 
Garage sales.
(6) 
Noncommercial swimming pool. (See setback requirements in § 27-316, Subsection 3H, of this Chapter.)
[Amended by Ord. 2015-519, 9/9/2015]
(7) 
Outdoor recreation and/or playground areas.
(8) 
Solar energy system.
(9) 
Bus shelter.
(10) 
(Reserved)
(11) 
Temporary use or structure.
(12) 
A municipally operated recycling center as an accessory use to governmental buildings.
5. 
Prohibited Uses. The following uses shall be prohibited in the RR Retail Residential District:
A. 
Any process of manufacture, assembly or treatment, except when clearly incidental to a retail business conducted on the premises.
B. 
Uses that are noxious or offensive by reason of odor, dust, smoke, gas, vibration, noise or electrical interference.
C. 
Storage warehouses, building material storage yards, automobile graveyards, storage of oil or gasoline in bulk.
D. 
Slaughtering houses, rendering lard or fats.
E. 
Junkyards.
F. 
Adult bookstores, adult motion-picture theaters, cabarets or massage parlors.
[Added by Ord. 477, 9/8/2010, § II]
6. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the RR Retail Residential District, except as specifically provided for in this Chapter:
[Amended by Ord. No. 2022-578, 4/13/2022]
RR
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet)
Minimum Lot Width1
(feet)
Maximum Building Coverage
(%)
Maximum Building Height
(feet)
Single family detached dwelling
9,000
50
45
35
Single-family semidetached dwelling
5,250
30
45
35
Two-family detached dwelling
9,000
50
45
35
Single-family attached
4,500
20
45
35
Any other use
2,000/ building
20
85
35
NOTES:
1
Measured at the minimum front yard listed in subsection (7) for the particular use.
7. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the RR Retail Residential District, except as specifically provided for in this Chapter:
[Amended by Ord. No. 2022-578, 4/13/2022]
RR
Minimum Yard Requirements
Principal Use
Front Yard1
(feet)
Side Yard2
(feet)
Rear Yard
(feet)
Single family detached dwelling
5/153
25
Single-family semidetached dwelling
5
25
Two-family detached dwelling
5/153
25
Single-family attached
0 (attached units); 15 (end units)
25
Any other use
54
25
NOTES:
1
The minimum front yard shall conform to the average alignment of existing buildings within 100 feet on each side of the proposed building.
2
In the case of a corner lot, the yard abutting a street shall not be less than 10 feet in width.
3
Each/both.
4
Where a lot occupied by a nonresidential use abuts a residential district boundary, or a lot occupied by a residential use, a side yard shall be provided which shall not be less than 10 feet.
8. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the RR Retail Residential District shall be 90% of the total lot area.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.12; as amended by Ord. 434, 1/12/2005, § II]
1. 
Purpose. The purpose of the SC Shopping Center District is to provide for the central location of a unified shopping center development providing neighborhood and general businesses and other uses.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the SC Shopping Center District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this Chapter are satisfied:
A. 
Personal service.
B. 
Retail store.
C. 
General merchandise store.
D. 
Retail center.
E. 
Restaurant.
F. 
Tavern.
G. 
Business office.
H. 
Professional office.
I. 
Bank.
J. 
Health club.
K. 
Laundromat.
L. 
Pick-up station for dry cleaning provided that none of the operations are carried out on the site.
M. 
Bowling alley.
N. 
Commercial services.
O. 
Theater (indoor), excluding adult motion-picture theater.
P. 
Medical office.
Q. 
Library.
R. 
Child day care center.
S. 
Community center.
T. 
Massage parlor.
[Added by Ord. 477, 9/8/2010, § III]
U. 
Medical Marijuana Dispensary.
[Added by Ord. 2017-532, 4/12/2017]
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the SC Shopping Center District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 of this Chapter:
[Amended by Ord. 477, 9/8/2010, § IV]
A. 
Arcade.
B. 
Car wash.
C. 
Fast food restaurant.
D. 
Auto service station.
E. 
Educational institution.
F. 
Religious institution.
G. 
Educational institutions.
H. 
Business office.
I. 
Professional office.
J. 
Bank.
K. 
Governmental buildings.
L. 
Membership club.
M. 
Parking lot.
N. 
Laundromat.
O. 
Pick-up station for dry cleaning, provided none of the operations are carried out on the site.
P. 
Auto/boat/recreational vehicle sales.
Q. 
Auto service station.
R. 
Car wash.
S. 
Child day care center.
T. 
Health club.
U. 
Hotel.
V. 
Fast food restaurant.
W. 
Fire station.
X. 
Funeral home.
Y. 
Printing and publishing.
Z. 
Mixed use structures containing any combination of permitted uses, provided that residential uses shall be located at or above the second story level.
AA. 
Any other use which is considered, in the opinion of the Zoning Hearing Board, to be of the same general character of any of the above permitted uses.
4. 
Accessory Uses.
A. 
Each accessory use in the SC Shopping Center District shall comply with the minimum yard requirements contained in subsection (7), except as specifically provided for in this Chapter.
B. 
Each of the following accessory uses shall be permitted in the SC Shopping Center District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Parking lot.
(2) 
Bus shelter.
(3) 
Commercial outdoor storage or display.
(4) 
Temporary use or structure.
(5) 
Solar energy system.
5. 
Prohibited Uses. The following uses shall be prohibited in the SC Shopping Center District:
A. 
Any process of manufacture, assembly or treatment, except when clearly incidental to a retail business conducted on the premises.
B. 
Uses that are noxious or offensive by reason of odor, dust, smoke, gas, vibration, noise or electrical interference.
C. 
Storage warehouses, building material storage yards, automobile graveyards, storage of oil or gasoline in bulk.
D. 
Adult bookstores, adult motion-picture theaters or cabarets.
[Added by Ord. 477, 9/8/2010, § V]
6. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the SC Shopping Center District, except as specifically provided for in this Chapter:
SC
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage
(%)
Maximum Building Height2
(feet)
Maximum Distance Between Buildings
Shopping center, including any permitted uses
5 acres
NA
20
40
12
7. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the SC Shopping Center District, except as specifically provided for in this Chapter:
SC
Minimum Yard Requirements
Principal Use
Front Yard1
(feet)
Side Yard1
(feet)
Rear Yard1
(feet)
Shopping center, including any permitted uses
15
15
15
NOTES:
1
Where a lot in the SC Shopping Center District abuts a residential district boundary, the minimum yard shall be 40 feet.
8. 
Development Regulations. The following regulation shall apply to the development of a shopping center in the SC Shopping Center District:
A. 
The development shall consist of a harmonious selection of uses and groupings of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit, in such manner as to constitute a safe, efficient and convenient retail shopping center.
B. 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.
C. 
Onsite parking within the confines of the shopping center shall be provided and as governed by Part 7. Where no specific standard is therein set forth for a particular use permitted in subsections (2) and (3), not less than four square feet of automobile parking space with suitable access shall be provided for each square foot of gross floor area devoted to patron use.
D. 
Provisions shall be made for safe and efficient ingress and egress to and from public streets and highways serving the center, without undue congestion or interference with normal traffic flow. All points of vehicular access to and from public streets shall be located not less than 125 feet from the intersection of any two public streets.
E. 
Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles, for the collection of refuse, for fire, fuel and other service vehicles and for automobile accessways and pedestrian walks. All paved areas shall be constructed in accordance with Borough specifications.
F. 
No parking or service area or access road within the center shall be located closer than 15 feet from the district boundary line dividing this district from a residential district or closer than 25 feet from the right-of-way line of any public street exclusive of alleys.
G. 
Lighting facilities shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind.
H. 
The shopping center shall be permanently screened from adjoining any contiguous residential properties by walls, fences, evergreen hedges or other suitable enclosures not less than four feet in height and in the case of walls or fences not more than six feet in height. The area between such enclosure and the boundary line shall be landscaped to form a permanent screened area maintained by and at the expense of the shopping center property owner. Upon special exception, the requirement for screen enclosures and screening area may be omitted where equivalent screening is provided in the form of existing parks, parkways, recreational areas or by the topography of the land or other natural condition.
I. 
No shopping center permitted in an SC Shopping Center District shall be erected or used unless it has been adequately provided with both sanitary sewer service and public water. Where public sanitary sewers are not available, the applicant must submit a plan for an onsite sewer disposal system which has been approved by the Borough Engineer and the State Health Department.
J. 
Plans for any shopping center shall be submitted to the Red Hill Borough Planning Commission prior to the issuance of any zoning permit. If, however, portions of the project are to be completed in successive stages, a less detailed sketch or layout of the area not scheduled for immediate development will suffice initially; provided, that as further developments occur, a plan showing all of the required detail shall then be submitted prior to the construction of that portion. Information to be shown on all plans or on attached reports shall include:
(1) 
A plot plan of the lot showing the location of all present and proposed building, sidewalks and other areas to be devoted to pedestrian use, driveways, parking lots, loading and unloading areas and other construction features on the lot, as well as a general outline of all buildings, streets, highways, streams and other topographical features within the lot line and within 200 feet beyond the lot lines of the shopping center.
(2) 
Architectural plans for any proposed building or buildings.
(3) 
The location, dimensions and arrangement of areas to be devoted to planting, lawns, trees or any other purpose.
(4) 
A description of the commercial uses proposed, including an estimate of the approximate number of employees for each separate use.
(5) 
Where no public sewer service is available, engineering and architectural plans for the treatment and disposal of sewage.
(6) 
Any other data or evidence that the Borough Planning Commission may require to determine the effect of the proposed use in producing traffic congestion, noise, glare, air pollution, water pollution, fire or safety hazard.
K. 
The Borough Planning Commission shall (1) review all plans for SC Shopping Center District uses and (2) shall submit these plans, with recommendations thereon, to the Borough Council.
L. 
After consideration of the plans for any shopping center use and the recommendations made by the Borough Planning Commission with respect thereto, the Borough Council shall approve or disapprove these plans, but such approval shall not unreasonably be withheld and the action of the Borough Council shall be based upon the standards set forth in this Chapter. The Secretary of the Borough Council shall notify in writing the Zoning Officer of the Borough Council's final decision and of any special requirements imposed by that Council with respect to the SC Shopping Center District use.
M. 
No building constructed after the date of this Chapter in an SC Shopping Center District shall be occupied until the Borough Engineer issues his certificate in writing that the paving, curbing, sidewalks, screen fencing and planting have been completed in accordance with the development plan approved by the Borough Council.
9. 
Use Regulations for Medical Marijuana Dispensaries. The following regulations shall apply to a Medical Marijuana Dispensary located in the SC Shopping Center District:
[Added by Ord. 2017-532, 4/12/2017]
A. 
The Medical Marijuana Dispensary shall comply with the dimensional requirements and development regulations applicable in the SC Shopping Center District.
B. 
The Medical Marijuana Facility shall comply with all applicable standards, rules, regulations and requirements of the Pennsylvania Department of Health and the Commonwealth of Pennsylvania, including, without limitation, Title 28, Part IX, of the Pennsylvania Code.
C. 
All signage shall comply with Part 6 of this Chapter 27.
D. 
Off-street parking shall be provided in accordance with Part 7 of this Chapter 27.
10. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the SC Shopping Center District shall be 90% of the total lot area.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.13]
1. 
Purpose. The purposes of the LI Limited Industrial District are to provide areas which are suitable for industrial assemblage, processing, storage, manufacturing, heavy commercial and office uses, so as to prevent conflicts between these uses and other land uses, to protect the environment by limiting the types of industries in the Borough to those which are compatible with it, and to promote local jobs and a strong local tax base.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the LI Limited Industrial District by the Zoning Officer; provided, that the standards for environmental protection of Part 5 of this Chapter are satisfied:
A. 
Agriculture.
B. 
Any manufacturing, compounding, processing, packaging and/or treatment of products such as apparel, bakery goods, candy, confections, dairy products, cosmetics, musical instruments, toys and novelties, clocks, jewelry, optical products, electronic devices and scientific and precision instruments.
C. 
Auto repair garage.
D. 
Bakery.
E. 
Bottling industry.
F. 
Building material yard.
G. 
Disassembly plant and/or operations; provided, it is totally enclosed within a building.
H. 
Dry cleaning and dyeing works.
I. 
Food processing, canning, packaging.
J. 
Government services and facilities.
K. 
Motor freight terminal.
L. 
Office.
M. 
Printing/publishing.
N. 
Research, engineering or testing laboratories.
O. 
Sale of farm products produced on the property where offered for sale; provided, no building other than a portable stand shall be used for display.
P. 
Warehouse and mini-warehouse.
Q. 
Wholesale trade.
R. 
Woodworking, cabinetmaking, furniture making.
S. 
Medical Marijuana Growing/Processing Facility.
[Added by Ord. 2017-532, 4/12/2017]
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the LI Limited Industrial District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 and the standards for environmental protection contained in Part 5 of this Chapter:
A. 
Energy generating structure.
B. 
Junkyard.
C. 
Solid waste disposal area or facility.
D. 
Any use of the same general character as those uses permitted by right.
4. 
Accessory Uses.
A. 
Each accessory use in the LI Limited Industrial District shall comply with the minimum yard requirements in subsection (6), except as specifically provided for in this Chapter.
B. 
Each of the following accessory uses shall be permitted in the LI Limited Industrial District only if such use complies with relevant standards contained in § 27-316 of this Chapter:
(1) 
Bus shelter.
(2) 
Farm pond.
(3) 
Outdoor storage or display.
(4) 
Solar energy system.
(5) 
Temporary structure or use.
(6) 
Windmill.
(7) 
Other accessory uses which are clearly incidental to the principal use.
C. 
Any accessory use which violates a provision of Parts 4 or 5 is prohibited in the LI Limited Industrial District.
5. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the LI Limited Industrial District, except as specifically provided for in this Chapter:
LI
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage
(%)
Maximum Building Height1
(feet)
Any use
6,000
50
50
40
NOTES:
1
Measured at the front yard established in subsection (6) for the particular use.
6. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the LI Limited Industrial District, except as specifically provided for in this Chapter:
LI
Minimum Yard Requirements
Principal Use
Front Yard1
(feet)
Side Yard2
(feet)
Rear Yard
(feet)
Any use
30
6/12
20
NOTES:
1
If the block on which the site fronts is more than 50% developed, the setback of the majority of the existing buildings on that block must be used, except in no case shall the setback line be less than 20 feet from the street line.
2
No corner lot building shall extend toward the side street more than 10 feet beyond the building line set for the buildings along the street considered to be the side street of the corner lot; except in no case shall the building line be less than 20 feet from the street line.
7. 
Use Regulations for Medical Marijuana Growing/Processing Facilities. The following regulations shall apply to a Medical Marijuana Growing/Processing Facility located in the LI Limited Industrial District:
[Added by Ord. 2017-532, 4/12/2017]
A. 
The Medical Marijuana Growing/Processing Facility shall comply with the dimensional requirements applicable in the LI Limited Industrial District.
B. 
The Medical Marijuana Facility shall comply with all applicable standards, rules, regulations and requirements of the Pennsylvania Department of Health and the Commonwealth of Pennsylvania, including, without limitation, Title 28, Part IX, of the Pennsylvania Code.
C. 
The Medical Marijuana Growing/Processing Facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
D. 
All signage shall comply with Part 6 of this Chapter 27.
E. 
Off-street parking shall be provided in accordance with Part 7 of this Chapter 27.
8. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the LI Limited Industrial District shall be 75% of the total lot area.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.14]
1. 
Purpose. The MH Mobile Home District is intended to provide a district in which mobile homes will be the principal form of dwelling, and to provide reasonable standards of design and performance for the appropriate development of this and other dwelling types.
2. 
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the MH Mobile Home District by the Zoning Officer; provided, that the use type, dimensional and all other applicable requirements of this Chapter are satisfied:
A. 
Mobile homes of single or multiple sections, not less than 12 feet wide and 70 feet in length.
B. 
Single family detached dwellings which conform in all respects with local building codes.
3. 
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the MH Mobile Home District by the Zoning Hearing Board in accordance with the standards contained in § 27-315 of this Chapter.
A. 
A planned development of not less than 30 mobile home lots, in one ownership, or developed as a single unit even though under multiple ownership, and to be the subject of one application filed for the development of the entire tract.
4. 
Accessory Uses.
A. 
Each accessory use in the MH Mobile Home District shall comply with the minimum yard requirements of subsection (6), except as specifically provided for in this Chapter.
B. 
Each of the following accessory uses shall be permitted in the MH Mobile Home District only if such use complies with the relevant standards contained in § 27-316 of this Chapter:
(1) 
Private garage.
(2) 
Off-street parking space.
(3) 
Home gardening.
(4) 
Garage sales.
(5) 
Noncommercial swimming pool. (See setback requirements in § 27-316, Subsection 3H, of this Chapter.)
[Amended by Ord. 2015-519, 9/9/2015]
(6) 
Tennis court.
(7) 
Storage shed.
(8) 
Solar energy system.
(9) 
Accessory uses and structures customarily incidental to the permitted principal use.
C. 
Each of the following accessory uses are prohibited in the MH Mobile Home District:
(1) 
Any use which violates a provision of Parts 4 or 5.
(2) 
Commercial or industrial outdoor storage or display.
(3) 
Dump.
5. 
Lot Area, Width, Depth and Height Regulations. Each of the following dimensional requirements shall apply to each use in the MH Mobile Home District, except as specifically provided for in this Chapter:
MH
Lot Area, Width, Depth and Height Regulations
Principal Use
Minimum Lot Area
(square feet)
Minimum Lot Width1
(feet)
Maximum Building Coverage
(%)
Maximum Building Height
(feet)
Mobile home
5,250
44/251
25
30
Single family detached dwelling
9,000
50
30
30
Mobile home, planned development
4,400
44/252
25
30
NOTES:
1
Measured at the minimum front yard listed in subsection (6) for the particular use.
2
No individual mobile home lot shall be less than 25 feet in width at the right-of-way line of a public street or the edge of the pavement of a private street.
6. 
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the MH Mobile Home District, except as specifically provided for in this Chapter.
MH
Minimum Yard Requirements
Principal Use
Front Yard
(feet)
Side Yard2
(feet)
Rear Yard
(feet)
Mobile home
20
4
4
Single-family detached dwelling
20
6/15
25
Mobile home, planned development
20/151
NOTES:
1
The front yard requirement is reduced to 15 feet when the short side of the mobile home is located parallel to the ultimate right-of-way line of any public or private street.
2
In the case of a corner lot, the yard abutting a street shall not be less than 10 feet.
7. 
Impervious Coverage. The maximum impervious coverage area for each principal use in the MH Mobile Home District shall be 65% of the total lot area.
[Added by Ord. 2017-535, 6/14/2017]
[Ord. 300, 12/4/1984, § 3.15; as amended by Ord. 409, 6/13/2001, § IV; and by Ord. 424, 5/12/2004, § I]
1. 
Purpose. Before a zoning permit is granted for any use listed as a special exception use in this Chapter, a site plan shall be reviewed by the Borough Council and a hearing held by before the Zoning Hearing Board. This procedure is provided because of the considerable impact that these uses tend to have on a community.
[Amended by Ord. No. 2019-561, 10/9/2019; and by Ord. No. 2022-586, 12/14/2022]
2. 
Procedure.
A. 
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained.
B. 
All applicants for a special exception use shall submit eight sets of site plans for the proposed use to the Zoning Hearing Board as part of the application for a zoning permit.
[Amended by Ord. No. 2019-561, 10/9/2019]
C. 
Site plans shall comply with the following requirements:
(1) 
A statement describing the proposed use.
(2) 
A site layout drawn to a scale of not less than one inch equals 50 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3) 
The location, dimensions (numbers shown) and arrangements of all open spaces and yards, landscaping, fences and buffer yards including methods and materials to be employed for screening.
(4) 
The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(5) 
The dimensions (numbers shown), location and methods of illumination for signs and exterior lighting.
(6) 
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7) 
Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply.
(8) 
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(9) 
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(10) 
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(11) 
Site contours at two-foot intervals.
(12) 
All proposed site grading and drainage provisions and proposals.
(13) 
A key map showing the entire project and its relation to surrounding properties and existing building thereon.
(14) 
Zoning districts and requirements.
(15) 
Soils, slopes and floodplain delineations (if required by Zoning Officer).
(16) 
Certification by the person who prepared the site plan.
(17) 
Certification of ownership and acknowledgment of plan signed by owner or developer.
D. 
The Zoning Hearing Board shall forward one copy of the site plan to the Zoning Officer and one copy to the Borough Council within seven days of receiving the submission.
[Amended by Ord. No. 2019-561, 10/9/2019; and by Ord. No. 2022-586, 12/14/2022]
E. 
The Zoning Officer shall, within 30 days of receiving the site plan, review the plan to determine compliance with this Chapter and submit a written report to the Zoning Hearing Board.
F. 
The Borough Council shall, within 30 days of receipt of the site plan, review the plan to determine compliance with this Chapter and shall submit its written recommendations to the Zoning Hearing Board.
[Amended by Ord. No. 2019-561, 10/9/2019; and by Ord. No. 2022-586, 12/14/2022]
G. 
The Zoning Hearing Board shall consider any review received within the thirty-day period. Failure of the Zoning Officer or Borough Council to submit a written recommendation within the 30 days shall not prevent the Zoning Hearing Board from hearing and deciding the request.
[Amended by Ord. No. 2019-561, 10/9/2019; and by Ord. No. 2022-586, 12/14/2022]
H. 
The Board shall hear and decide such request for a special exception use under the procedures of Part 8 within 60 days from the date an application has been properly submitted.
I. 
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, a Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
3. 
Approval of Special Exception Uses.
A. 
The Zoning Hearing Board shall approve any proposed special exception use if they find adequate evidence that any proposed use will meet:
(1) 
All of the general standards listed in subsection (4).
(2) 
All of the specific standards for the proposed use listed in subsection (5).
B. 
In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this Chapter) as it may deem necessary to implement the purposes of this Chapter.
C. 
A special exception use or a variance that is granted by the Zoning Hearing Board automatically expires if no permit is issued within one year of the order granting the use or variance or if no substantial work has been performed within four months from the day the permit was issued.
4. 
General Standards. Each special exception use shall comply with all of the following general standards:
A. 
In accordance with the purposes of this Chapter.
B. 
In the best interests of the Borough, the community, the public welfare and be a substantial improvement to property in the immediate vicinity.
C. 
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
D. 
In conformance with all applicable requirements of this Chapter.
E. 
Suitable in terms of permitting the logical, efficient and economic extension of public services and facilities such as public water and sewer, police and fire protection.
F. 
Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard.
G. 
The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the purposes of this Chapter.
5. 
Additional Standards for Certain Uses. Special exception uses listed in this Section shall also comply with all of the following specific standards listed for that use:
[Amended by Ord. 477, 9/8/2010, § VI]
A. 
Animal Hospital.
(1) 
A minimum lot size of at least 20,000 square feet shall be required for those animal hospitals treating small animals (e.g., cats, birds, exotic animals). A minimum lot size of at least 40,000 square feet shall be required for those animal hospitals treating large animals (e.g., cattle, horses, etc.).
(2) 
All buildings in which animals are housed or provided care shall be located at least 20 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(3) 
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
B. 
Arcade. In accordance with applicable Borough ordinances.
C. 
Auto Repair Garage.
(1) 
All repair and paint work shall be performed within an enclosed building.
(2) 
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(3) 
Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be back of the front yard line and shall be no closer than 20 feet from side and rear lot lines.
(4) 
Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
(5) 
Damaged vehicles parked on the lot for more than 72 hours shall be screened from view.
D. 
Cemetery. Shall be on a lot at least two acres in area.
E. 
Fast Food Restaurant.
(1) 
Shall screen all trash containers.
(2) 
Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives.
(3) 
May provide an outdoor menu board if drive-up service is provided from within the building to customers in their vehicles.
(4) 
Shall provide a minimum ten-foot service drive for drive-in service except in front of the pick-up window where the service drive shall be a minimum of eight feet.
F. 
Group Home.
(1) 
There shall be no more than five residents.
(2) 
There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.
(3) 
The use shall be licensed under the applicable State program.
(4) 
Any medical or counseling services provided shall be done so only for residents.
(5) 
The lot on which a group home is located shall be at least 200 feet from the lot on which another group home is located (such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot).
(6) 
One off-street parking space shall be provided for a) the resident supervisor, b) each additional employee per shift and c) every two residents.
G. 
Kennel.
(1) 
All kennels shall provide the minimum area for kennels required by State regulations.
(2) 
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.
(3) 
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(4) 
Outdoor runs may be provided so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
H. 
Mini-Warehouse.
(1) 
Individual Storage Units. No individual storage unit shall be greater than 200 square feet. All such units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by the user.
(2) 
Outdoor Storage. It is limited to RVs, campers, boats on trailers, automobiles and trucks (2 tons or less in capacity) and trailers (non-commercial only). It must be parked on paved areas. All such items must be licensed and inspected (if applicable), and in operable condition.
(3) 
Prohibitions. The following shall be prohibited:
(a) 
No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins.
(b) 
No storage in interior traffic aisles, off-street parking areas, loading areas or driveway areas.
(c) 
No servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment.
(d) 
No storage permitted other than dead storage.
(4) 
Inspection. All Fire Chiefs, Fire Marshals, Police, Building Inspectors, and Department of Health Inspectors of the Borough of Red Hill and County of Montgomery shall have the right to inspect each unit within the self-storage facility at such times as such inspections are determined necessary by the Borough Council and the above mentioned officials for the protection of the health, safety and welfare of the Borough residents and the facility users. The persons in control of the facility shall have available, at all times, the means of obtaining ingress to each separate storage unit.
(5) 
Off-Street Parking Requirements and Standards.
(a) 
One off-street parking space shall be required for each employee (full or part-time). One off-street parking space shall also be provided for every five storage units. These latter spaces, for use by the tenants, shall be equitably distributed throughout the complex. There shall also be one off-street parking space for every 25 storage units.
(b) 
These spaces shall be adjacent to the entrance and to the manager's office for use by guests and business invitees.
(c) 
Parking lanes shall be 10 feet wide. Two-way travel lanes shall be 26 feet wide. Non-vehicular travel lanes shall be 20 feet wide.
(6) 
Height. Maximum building height is 15 feet.
(7) 
Fencing. A seven-foot high chain link security fence or block wall of equivalent height shall be provided.
(8) 
Lighting. Adequate lighting to illuminate the area but directed away from all residential areas or so shielded to reflect light away shall be provided.
(9) 
Security. A continual security guard shall be provided during hours of access. At all other times electronic security shall be provided.
(10) 
Screen Planting. A screen planting next to the security fencing or wall shall be established and maintained. It shall be of sufficient type, kind and quality so as to completely screen out the security fencing within three to five years.
I. 
Swimming Club.
(1) 
All pools shall be entirely enclosed with a good quality chain-link or preferably a wooden or other equivalent fence of not less than six feet in height.
(2) 
No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.
(3) 
No lighting shall be permitted which will shine on adjacent properties.
J. 
Tennis Club.
(1) 
No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the properties.
(2) 
No lighting shall be permitted which will shine on adjacent properties.
K. 
Planned Mobile Home Development.
(1) 
Any site proposed for a planned mobile home development shall contain not less than 15 contiguous acres of land.
(2) 
No planned mobile home development hereof shall have a density in excess of 4.5 dwelling units per acre.
(3) 
No mobile home or other primary building in a planned mobile home development may be located closer than 50 feet from any boundary of a mobile home development regardless of whether that boundary abuts a lot, road or other right-of-way.
(4) 
At least 20% of the site area of a planned mobile home development shall be in common open space other than parking, roadways and storage facilities; no more than 1/3 of which may be required buffer area.
(5) 
Each mobile home lot in a planned mobile home development shall provide not less than two off-street parking spaces of at least 10 feet by 20 feet.
(6) 
All private roads within the planned mobile home development shall have a minimum width of right-of-way of 50 feet and a minimum cartway width of 36 feet between curbs.
(7) 
Mobile homes and roofed structures attached thereto in a planned mobile home development shall be separated from each other and from other buildings and structures, other than accessory structures, at their closest points by a minimum of 20 feet; provided, however, that whenever two mobile homes have their longer sides parallel or essentially parallel with each other for more than 25% of the length of either, this minimum distance between the two mobile homes shall be 28 feet. The sides shall be considered essentially parallel if they form an angle of less than 45° when extended to intersect.
(8) 
Accessory uses and structures customarily incidental to the maintenance and servicing of mobile homes in a planned mobile home development shall be permitted only as part of a mobile home development plan as set forth therein, when approved as a special exception.
(9) 
A planned mobile home development shall be buffered from any adjacent property or properties by a screen of natural greenery of not less than 20 feet in width, and of a height, type and density to be fixed by the Zoning Hearing Board as a condition of the special exception. The Zoning Hearing Board shall assure itself that the proposed development will be properly screened from existing residential areas of the Borough, and that the proposed development can be implemented in a way most compatible with and complementary to existing residential areas of the Borough.
[Amended by Ord. 2013-500, 7/10/2013]
(10) 
The Zoning Hearing Board shall assure itself that the proposed development makes adequate provision for connection with public water and sewer facilities.
(11) 
The Zoning Hearing Board shall assure itself that the applicant is in full compliance with all regulations of the Pennsylvania Department of Environmental Protection and any other pertinent regulations of the Commonwealth of Pennsylvania applicable to mobile home developments.
(12) 
Any site proposed for a planned mobile home development shall be free of adverse environmental influences such as swamps, marshes, disposal areas for garbage or rubbish and potential breeding places for insects or rodents and shall not be located near sources of excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
L. 
Housing for the Elderly. The following requirements shall govern the development of housing for the elderly. All other applicable regulations contained in § 27-310(7), herein, which are consistent with these requirements shall also apply.
(1) 
Parking. Not less than 1 1/2 off-street parking spaces shall be required for every one dwelling unit in an apartment development designed as housing for the elderly.
(2) 
Common Areas and Facilities. A minimum of 30% of the total site area shall be devoted to common areas and facilities. No less than 50% of this area shall be maintained as open space usable for recreational and leisure time activities of prospective residents of housing for the elderly. The remaining portion may be used for plazas, arcades, pedestrian ways and other facilities (excluding roads, access driveways and parking areas) available for use by residents of the development and the general public. In addition, a developer of housing for the elderly shall be required to provide a community room, indoor recreation area or similar facility within every principal residential building.
(3) 
Minimum Dwelling Unit Requirements. There shall be a maximum of one bedroom per dwelling unit. Each dwelling unit having one bedroom shall contain not less than 600 square feet of floor space and each efficiency dwelling unit (one room containing living and sleeping areas and cooking facilities with separate sanitary facilities) shall contain not less than 450 square feet of floor area.
(4) 
Safety Features. Housing for the elderly shall include the following safety features:
(a) 
Ramps, doors and elevators of sufficient width to accommodate a horizontal stretcher or wheelchair.
(b) 
Non-skid floor surfaces.
(c) 
Electric cooking stoves with controls accessible to a person in a wheelchair.
(d) 
Stall showers in no less than 50% of the proposed dwelling units.
(e) 
Grab bars around tubs, shower stalls and toilets.
(f) 
Permanent electrical or central heating.
(g) 
Emergency signals which ring in adjoining dwelling units or at a central location.
(h) 
Ionization (products-of-combustion) smoke and fire detectors in each dwelling unit.
(i) 
Electric outlets not less than 24 inches above the floor.
(j) 
Handle-type spigots and doorknobs.
(k) 
No thresholds shall be permitted for interior doors.
(l) 
Proposed developments shall also comply with the most recent edition of "Minimum Property Standards, Volume I," for housing for the elderly, issued by the U.S. Department of Housing and Urban Development. Where said requirements are more restrictive or additive than the requirements specified herein, the requirements of said publication shall apply.
(5) 
Guaranteed Occupancy. The developer shall file with the Borough Secretary a covenant, endorsed by the Borough Solicitor, in which said owner shall covenant on behalf of himself, his heirs, executors and assigns that the subject property shall be used solely for the purpose of housing for the elderly.
[Ord. 300, 12/4/1984, § 3.16; as amended by Ord. 424, 5/12/2004, § I]
1. 
In General. An accessory use on the same lot and customarily incidental permitted principal use is permitted by right.
2. 
Yard Requirements. Every accessory use shall comply with the yard regulations, for the district in which it is located, except as otherwise specifically provided in this Chapter.
3. 
Special Standards. Each accessory use shall comply with all of the following standards listed for that use:
A. 
Bus Shelter.
(1) 
Shall not be located within the road right-of-way, shall be at least 50 feet from a street intersection and shall be at least 20 feet from the cartway.
(2) 
Shall comply with all sign regulations of this Chapter.
B. 
Commercial or Industrial Outdoor Storage and Display.
(1) 
Location. Shall not occupy any part of the street right-of-way, area intended or designed for pedestrian use, required parking area or part of the required front yard.
(2) 
Size. Shall occupy an area less than 1/2 the existing building coverage. A special exception may be authorized by the Zoning Hearing Board for no more than 25% of the lot area to be used for outdoor storage or display.
C. 
Farm Pond.
(1) 
The developer of any farm pond shall obtain all required State and Federal permits.
(2) 
No farm pond shall be of such size or character as to create any dangerous, noxious or objectionable conditions.
D. 
Garage Sales.
(1) 
Permit Required. It shall be unlawful for any person to conduct a garage sale in the Borough of Red Hill without first filing with the Borough Secretary the information required and obtaining a permit to do so, to be known as a "garage sale permit."
(2) 
Issuance of Permit; Display on Premises. A permit to conduct a garage sale shall be issued for any one residential property or to any one household no more than two times within a twelve-month period, and no such permit shall be issued for more than three consecutive calendar days. Each permit issued under this Chapter must be prominently displayed on the premises and visible from the street upon which the garage sale is conducted throughout the entire period of the permitted sale. The permit for a garage sale shall not be transferable.
(3) 
Request for a Garage Sale Permit. The request for a garage sale permit shall be made with the Borough Secretary and certain information must be furnished on a form to be provided.
(4) 
Alternate Dates. In the event of inclement weather, all persons issued a permit for a particular date or dates pursuant to this Chapter shall be permitted to utilize their permit on an alternate date or dates within 30 days. The Borough Secretary must be notified of alternate date or dates at least five days prior thereto.
(5) 
Conduct of Sale. The persons to whom the permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such persons shall permit any loud or boisterous conduct on said premises, nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such permits. All such persons shall obey the reasonable orders of any member of the or Fire Departments of the Borough of Red Hill in order to maintain the public health, safety and welfare. All premises displaying permits shall at all times be subject to such reasonable rules as may be made from time to time by the Borough Council and shall be subject to inspection at all times by the Zoning Officer, and Fire Chief or any of their agents, or any other duly authorized representative of the Borough of Red Hill.
(6) 
Times of Sale. All garage sales shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. only.
(7) 
Signs. No signs advertising the garage sale are to be posted on any place other than the premises of the applicant. The sign is not to exceed two by two feet in size, cannot be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated. Directional signs only may be placed on private property with the owner's permission.
(8) 
Prohibited Sales. It shall be unlawful to offer for sale mattresses, bedsprings, sofas in any garage sale authorized without first complying with the appropriate the Pennsylvania Bedding and Upholstering amended August 23, 1961, with respect sterilizing and disinfecting of said springs, cots, lounges and sofas.
E. 
Home Gardening, Nurseries and Greenhouses. No outdoor storage of equipment shall be permitted.
F. 
Home Occupation.
(1) 
Number. No more than one home occupation shall be permitted per dwelling unit.
(2) 
Location and Workers. Is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling unit except that, in connection with the practice of the medical profession or with other offices whose operations required supplementary secretarial, clerical, accounting or drafting skills, one person not residing in such dwelling may be employed.
(3) 
Size. The use shall not occupy more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less.
(4) 
Signs. A sign indicating products made or services rendered shall not exceed 200 inches in any district. Only one on-premises sign is permitted.
(5) 
Parking and Loading. Adequate space for off-street parking and loading shall be provided.
(6) 
Building Appearance. There shall be no outdoor storage or display and no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of such home occupation or home professional office other than a sign.
(7) 
Nuisances Prohibited. No machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the subject property.
(8) 
Trucks Prohibited. No trucks or similar vehicles for pickup or delivery are allowed.
(9) 
Sale of Articles. Only articles that are produced on the premises shall be sold on the premises. Articles produced elsewhere shall not be sold on the premises.
(10) 
Permitted and Prohibited Uses. Fine arts studios, professional and medical offices, dressmaking, beauty parlors, barber shops, real estate offices, insurance offices and similar occupations are permitted but not commercial stables, kennels or any occupation that may customarily require the use of a panel truck or delivery truck or similar vehicle.
G. 
Keeping Animals or Fowl.
[Amended by Ord. No. 2019-552, 1/9/2019]
(1) 
Number. No more than four customary household pets (e.g., dogs, cats or birds) may be kept or maintained on any lot. Pets shall be housed within the residential dwelling and shall not be permitted to run at large in the Borough and not under the control of the owner or any other person having custody of said pet.
(2) 
(Reserved)
(3) 
Commercial Use. Commercial breeding, boarding or use of domesticated household pets shall not be permitted as an accessory use.
(4) 
Non-Customary Household Pets. It shall be unlawful for any person to keep, raise, board or maintain any non-customary household pet of any size, such as cattle, horses, swine (including but not limited to pot-bellied pigs), sheep or goats, wild or exotic birds, or any fowl (such as chickens, geese, ducks, roosters, pheasants, pigeons or turkeys) anywhere within the Borough.
(5) 
Except as provided in Chapter 2 (Animals), § 2-202 (Keeping of Certain Animals Prohibited), no person shall keep or maintain a wild or exotic animal as defined in Chapter 2 (Animals), § 2-201 anywhere within the Borough.
H. 
Noncommercial Swimming Pool. A noncommercial swimming pool designated to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
(1) 
Permit. A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool.
(2) 
Location; Setback Requirements. No pool shall be located in front of the principal building. No above- or in-ground pool shall be located within 10 feet from any street line, within 10 feet of a rear lot line, within 10 feet of a side lot line for any lot 40 feet or more in width, or be under any electrical lines or over any on-lot sewage disposal field or system. For any lot for which the total lot width is less than 40 feet, no pool shall be located within four feet from any side lot line. The width of the lot shall be measured by determining the shortest distance between opposing lot lines where the pool is to be located. No portion of any walkway or pool appurtenance structure shall be closer than four feet to any lot line.
[Amended by Ord. 2015-519, 9/9/2015]
(3) 
Fence. All in-ground noncommercial swimming pools shall be entirely enclosed with a good quality fence constructed of the materials specified in this chapter and meeting all the requirements of the Pennsylvania Uniform Construction Code. Additionally, above-ground pools shall be secured as required by the Pennsylvania Uniform Construction Code.
[Amended by Ord. 2017-539, 7/12/2017]
(4) 
Water. If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
(5) 
Drainage. The draining of all pools shall comply with § 27-501 of this Chapter.
(6) 
Noise. No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property or lot where such pool is located.
(7) 
Lighting. No lighting or spot light shall be permitted which will shine directly upon or beyond the bounds of the property or lot where such pool is located.
(8) 
Annual Inspection. The Borough Zoning Officer shall inspect each pool annually to ensure continued compliance with this Chapter.
I. 
Recreational Vehicle or Boat. Any recreational vehicle, boat or other similar unit shall be stored on a lot only in the rear yard or side yard of the principal use or in an enclosed garage or under a carport. No recreational vehicle, boat or other similar unit shall be stored on the street or in any parking lot used by the general public. Notwithstanding the foregoing, a recreational vehicle, boat or other similar unit may be parked anywhere on the lot, on the street immediately in front of the residence or in a parking lot used by the general public adjacent to the residence up to 24 hours prior to departing on a trip or vacation, with a minimum duration of 48 hours, and further allowing parking of the recreational vehicle, boat or other similar unit anywhere on the lot, on the street immediately in front of the residence, or in a parking lot used by the general public adjacent to the residence up to 24 hours upon return from the aforesaid trip or vacation for the limited purpose of loading and unloading the recreational vehicle, boat or other similar unit and for no other purpose.
[Amended by Ord. 470, 8/12/2009, § I]
J. 
Residential and Business Accessory Building, Structure or Use. Permitted residential accessory buildings, structures or uses include:
(1) 
Parking Spaces and Garages. Shall comply with Part 7.
(2) 
Fences and Walls.
[Amended by Ord. 456, 3/12/2008, § II]
(a) 
Materials for Fences and Walls. All fences shall be constructed of commercially-available fencing materials purchased from a reputable retailer or wholesaler. Any fencing constructed of pallets, scrap lumber, scrap wood or unmilled wood from trees or other noncommercially-available fencing material is specifically prohibited. All walls used as a line of demarcation between lots or to enclose a lot or a portion thereof shall be constructed of materials approved by Borough Council prior to the issuance of permits and construction of the wall.
[Added by Ord. 2017-539, 7/12/2017[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection J(2)(a) through (d) as Subsection J(2)(b) through (e), respectively.
(b) 
Permit Required; Standards. A permit shall be required whenever a fence or wall is erected, replaced or altered within the Borough. Fences and walls shall be in compliance with all Borough codes and ordinances and the following, whichever being the more stringent:
1) 
No permit shall be issued which allows a fence, buried cable, electronic pet control device or wall to be erected within a street right-of-way, floodway, utility easement or drainage easement. A waiver may be granted for this section by the Red Hill Borough Council if the property owner agrees, as set forth by the Borough Council, to:
a) 
Be responsible for all legal costs incurred by the creation, approval and recording of an easement agreement with the property owner and the Borough to be recorded with the Montgomery County Recorders' Office;
b) 
Replace the fence at his/her own cost if removal is desired by the Borough or any utility company for any reason and at any time;
c) 
Perform any and all stormwater management work, including grading and the installation of stormwater facilities, to prevent the blockage or the diversion of stormwater runoff; and
d) 
Not block or interfere with the clear sight triangle for all roads.
2) 
No permit shall be issued which allows a fence or wall to be erected within a floodway fringe until relief has been granted by order of the Zoning Hearing Board. Fence locations shall not impede the natural flow of stormwater within any drainage swale, ditch, stream or creek.
3) 
Except as provided in § 404.3, fences or walls placed in the required front yard shall not exceed a maximum height of three feet. The fence must be an open metal, vinyl or wooden split-rail fence composed of openings of no less than four inches. Chain-link and barbed-wire fences are prohibited within all front yards.
4) 
Fences and walls in the required side and rear yard areas shall not exceed a maximum height of six feet (except tennis court fences, which shall not exceed a maximum height of 10 feet).
5) 
Fences shall be constructed so as to place the structural members inward toward the property being enclosed by the fence, thereby presenting the best appearance toward adjacent properties.
6) 
No razor or barbed wire or glass shards shall be placed upon a fence or wall without the approval of the Red Hill Borough Council.
7) 
When an existing fence or wall, not in conformance with this Section, is replaced, a permit shall be required, and the fence or wall shall be brought into full compliance with all provisions of this Section. Normal maintenance or removal of a fence or wall shall not require the issuance of a permit.
8) 
Any fence or wall which, in the judgment of the Borough Zoning Officer, is dilapidated, unsafe, dangerous or a threat to the health, safety and welfare of the residents of Red Hill Borough shall be made to comply with all provisions of this Section.
(c) 
Lot Lines. Fences shall be located up to or within the property or lot line, but shall not be located beyond the property line. If the property or lot line cannot be easily established, then the Borough Zoning Officer may require that the permit applicant present satisfactory evidence of a boundary survey with its corners properly marked by monuments or stakes placed under the direction of a registered engineer or land surveyor.
(d) 
Exemptions.
1) 
Fences and walls used for agricultural and recreational purposes to contain livestock shall be exempt from the requirements of this Section, provided that they do not hinder visibility or pose a threat to the public health, safety or welfare.
2) 
Fences and walls of an historic nature, accessory to an officially designated historic structure, shall be exempt from the provisions of this Section.
3) 
Buried cable electronic pet control devices shall be exempt from the provisions of this Section, provided that they do not emit radiation which would pose a threat to the public health, safety or welfare.
(e) 
Fees. The Borough Council of Red Hill Borough may adopt by resolution and may from time to time by resolution amend a fee schedule for the performance of the inspection(s) and documentation associated with this process.
(3) 
Structures. Structures (such as bathhouses, greenhouses and storage sheds) shall not exceed 50% of the floor area of the principal building, shall not exceed 15 feet in height and shall not be located in front of nor within 10 feet of the principal building nor within six feet from a side lot line nor within five feet of a rear lot line nor within five feet of a right-of-way line.
K. 
Seasonal Roadside Produce Market. Roadside produce markets for the sale of dairy, farm, greenhouse or nursery products are permitted with the following restrictions:
(1) 
Size. The area where products are displayed or sold shall not exceed 800 square feet.
(2) 
Location. The stand shall be at least 50 feet from an intersection and shall be at least 20 feet from the cartway.
(3) 
Removal in Off-Season. The stand shall be portable, shall be maintained in good condition and shall be removed during seasons when products are not being offered for sale.
(4) 
Parking. Parking for vehicles shall be provided off the existing and future street right-of-way and in compliance with the provisions of Part 7.
L. 
Solar Energy System. No solar energy system shall deny solar access of adjacent lots.
M. 
Temporary Structure. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
(1) 
Duration. The life of such permit shall not exceed one year and may be renewed for an aggregate period of not more than six months.
(2) 
Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
N. 
Tennis Court.
(1) 
A tennis court shall not be located in front of the principal building and shall not be located within any required yard areas.
(2) 
No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.
O. 
Windmill.
(1) 
No windmill shall be located in front of the principal building.
(2) 
No windmill shall exceed 55 feet in height.
(3) 
All windmills shall be enclosed by a fence at least four feet in height which is located at least five feet from the base of such windmill.
(4) 
No windmill shall be permitted the design of which permits any vane, sail or rotor blade to pass within 10 feet of the ground.
(5) 
All electrical wiring leading from a windmill shall be located underground.
P. 
Little Free Library Book Stand. A Little Free Library Book Stand is a permitted accessory use in any zoning district, provided the Little Free Library Book Stand satisfies each of the following requirements:
[Added by Ord. No. 2019-558, 9/11/2019]
(1) 
Number. Not more than one Little Free Library Book Stand is permitted on a lot.
(2) 
Design. The Little Free Library Book Stand shall utilize neutral colors that blend in with the surrounding environment and the principal structure on the lot.
(3) 
Enclosure Requirements, Maximum Dimensions and Composition.
(a) 
The box enclosure for the Little Free Library Book Stand shall be mounted on a four-inch by four-inch wood post that shall not exceed five feet in height measured from the finished grade to the top of the box enclosure. The post shall be secured in the ground. The box enclosure shall not exceed 24 inches in width, 24 inches in height, and 15 inches in depth and shall be made of wood or similar material.
(b) 
The box enclosure shall have a door that will fasten closed to prevent rain, snow or animals from getting into the enclosure. The door to the box enclosure shall be made of plexiglass or other non-breakable material.
(c) 
Signage shall be located only on the roof of the box enclosure and shall be exempt from the permit requirements of § 27-601.2, provided the signage is from and bears the registry number issued by the Little Free Library organization for the Little Free Library Book Stand.
(4) 
Illumination. There shall be no illumination of the Little Free Library Book Stand.
(5) 
Procedures. Any person desiring to install or construct a Little Free Library Book Stand shall comply with the following procedures:
(a) 
The applicant shall apply for a zoning permit from the Zoning Officer in accordance with the procedures set forth in § 27-802.
(b) 
The applicant shall submit with the application one or more drawings and the proposed materials and specifications relating to the proposed location, size and structure for the Little Free Library Book Stand. Documentation also shall be provided satisfactory to the Borough evidencing that the applicant has obtained all appropriate approvals from the Little Free Library organization to construct and operate a Little Free Library Book Stand at the intended location and to use the Free Little Library trademark and signage.
(6) 
Agreement with Borough. The owner or operator of the Little Free Library Book Stand shall enter into a written agreement with the Borough in form and substance satisfactory to Borough Council, upon advice of the Borough Solicitor, relating to the operation of, maintenance of and public access to the Little Free Library Book Stand.
(7) 
Location. The Little Free Library Book Stand shall only be installed and placed at a location which is mutually agreeable to the owner/operator and Borough Council. The location must be memorialized in the written agreement with Borough Council and cannot be unilaterally changed.
(8) 
Borough Reservation of Rights.
(a) 
The Borough reserves the right to reject any application for installation of a Little Free Library Book Stand if the Borough deems the installation is not in the best interest of the Borough.
(b) 
The Borough reserves the right to revoke any permit issued to install and operate a Little Free Library Book Stand if the owner or operator fails to comply with the requirements of this Paragraph P and each of the terms and conditions contained in its written agreement with the Borough as described in Subparagraph (7) above.
[Ord. 300, 12/4/1984; as added by Ord. 409, 6/13/2001, § II]
The following requirements shall govern the development of age qualified housing when authorized as a conditions use within the R-4 Residential District:
1. 
Declaration of Age Qualifications. Applicant shall submit a declaration of age qualification for review and approval by the Borough Solicitor to be recorded as a permanent restrictive covenant requiring 80% of the dwelling units to be occupied by at least one person 55 years or older.
2. 
Minimum Lot Area. A lot area of not less than five acres shall be provided for every age qualified housing development.
3. 
Impervious Coverage. The maximum impervious coverage area, including streets, driveways, parking areas and sidewalks shall be limited to 60% of the total tract area.
4. 
Minimum Lot Width. A lot width of not less than 200 feet shall be provided at the building setback line.
5. 
Yard Regulations. Front, side and rear yards shall be provided at all property boundaries. Such yards shall not be less than 25 feet in depth.
6. 
Building Spacing. The minimum distance between buildings shall be no less than 20 feet.
7. 
Building Coverage. The total building coverage shall not exceed 30%.
8. 
Height Regulations. The maximum height for any building or structure erected or enlarged under these regulations shall be 35 feet, not exceeding two stories.
9. 
Parking Regulations. For each dwelling unit, 1 1/2 all weather off-street parking spaces shall be provided.
10. 
Common Open Space. A minimum of 30% of the site shall be maintained as common open space as defined in the Red Hill Borough Subdivision and Land Development Ordinance [Chapter 22]. Common open space shall not include streets, driveways or off-street parking areas, but may include courtyards, buffer areas, walking trails and other amenities available to residents of the community.
11. 
Density. The density shall not exceed 13 dwelling units per develop able acre.
12. 
Dwelling Unit. For the purpose of this Section, a dwelling unit shall not exceed two bedrooms.
13. 
Utilities. All development under these regulations shall be served by public sewer and public water. All utilities serving the development shall be underground.
14. 
Community Center. A community center consisting of not less than 500 square feet or 10 square feet per unit, whichever is greater, shall be provided in each age-qualified housing development. The purpose of the community center shall be to provide location for recreational activities, socializing, learning and other organized group activities for the benefit of the residents of the age qualified community and their guests.
15. 
Sidewalk and Walkway Requirements. All internal walkways and sidewalks shall be a minimum width of four feet and connect to the individual units, common areas, public streets and residential unit buildings. Walkways shall be separated, raised or otherwise protected from vehicular traffic and provide adequate access for handicapped persons. Walkways not immediately adjacent to driveways and parking areas shall be designed and constructed to incorporate curvilinear segments, to the extent practicable, to add aesthetic interest to landscaped areas and courtyards.
16. 
Architectural Requirements. In order to add variation to each building facade, the front wall of each building shall be off-set by three feet or more, every 50 feet or less. Each off-set shall feature an alternate complimentary facade variation which may consist of but is not limited to, the following building materials: wooden, vinyl, aluminum or steel siding; brick, stone, brick or stone veneer; stucco; or other common residential building materials which may be used in combination with a "hip wall" and ledge or other varied facade designs acceptable to Borough Council. Elevations depicting the proposed facade types and styles shall be presented to Borough Council at the conditional use hearing for review and approval. Neutral colored siding materials and natural colored brick, stone and stuccos are preferred and encouraged. Roofed porches shall be included to foster a community atmosphere and add architectural interest but may not be used to satisfy the requirement to offset facades every 50 feet or less.
[Ord. 443, 9/14/2005, § I]
1. 
Purpose. The purpose of the Residential Office Presentation Overlay District is to permit alternative land use options within the RR Retail Residential and R-3 Districts which do not adversely impact neighboring properties. It is further the intent of the Residential Office Preservation Overlay District to encourage the use and preserve the architectural integrity of existing structures, now or lately used as residences, and discourage the demolition or alteration of such structures within the Borough.
2. 
Uses Permitted by Conditional Use. Each of the following alternative uses are permitted by conditional use.
A. 
Uses permitted by conditional use in the RR Retail Residential District:
(1) 
Personal service.*
(2) 
Professional office.*
(3) 
Business office.
(4) 
Bank.*
(5) 
Funeral home.*
(6) 
Governmental services.*
(7) 
Retail store having a gross floor area* not greater than 2,500 square feet.
NOTE:
*
Defined term.
B. 
Uses permitted by conditional use in the R-3 District:
(1) 
Professional office.*
(2) 
Business office.
NOTE:
*
Defined term.
3. 
The Residential Office Preservation Overlay District shall be an overlay to the RR Residential District and the R-3 District as shown on the Zoning Map. The following shall apply to the overlay district:
A. 
The provisions of the Residential Office Preservation District shall serve as a supplement to the underlying district provisions and, as such, shall apply to Residential Office Preservation Overlay District uses only.
B. 
The provisions of this District apply only to the RR Residential District and R-3 District properties which have frontage along Main Street as designated by the Borough Zoning Map, as amended. The District shall not apply to any other zoned properties.
C. 
Eligible properties within the Residential Office Preservation District boundaries may be developed as RR Residential District or R-3 District uses in compliance with the requirements of Part 3 of this Chapter with respect to the RR Residential District or R-3 District criteria, or as Residential Office Preservation Overlay District uses in compliance with the requirements of the Residential Office Preservation Overlay District, when authorized as a conditional use.
4. 
In order to qualify under the Residential Office Preservation Overlay District, the following criteria must be met:
A. 
A facade easement agreement shall be recorded for the property in a form acceptable to the Borough Solicitor and approved by the Borough Council, which shall regulate all exterior alterations and prohibit the demolition of the front facade of a building. Specifically, when changes are proposed to an existing building, including, but not limited to, roofing, siding, new windows or doors, elimination of a porch or additions, the applicant shall agree to have the proposed plan reviewed by an historical consultant chosen by the Borough, at the applicant's expense, to ensure that the architectural integrity of the building is maintained and preserved.
B. 
Signage shall comply with Part six of this chapter and meet the requirements of the underlying zoning district.
C. 
The applicant shall demonstrate that there is sufficient parking to accommodate the proposed use. Parking may be located on street or off street, but must be in the vicinity of the proposed use and be sufficient to accommodate the anticipated trips subject to the satisfaction of the Borough Council on advice of Borough consultants.
D. 
There shall be no change in use without first obtaining conditional use approval, except if the use is to a by-right use permitted by the underlying zoning district.
E. 
All applications under the Residential Office Preservation Overlay District shall comply with the procedures and standards for conditional use approval contained in the Red Hill Borough Zoning Ordinance as well as the specific conditional use standards and criteria that govern the Residential Office Preservation Overlay District.
F. 
All uses under this overlay district must comply with the environmental protection standards of the Red Hill Borough Zoning Ordinance.
G. 
Uses in this overlay district 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 the surrounding residents.
H. 
No sounds or noise attributable to nonresidential operations shall be audible outside the building at the lot lines.
I. 
Outdoor storage of trash or debris shall be in sealed containers and shielded from view by neighboring properties by a buffer acceptable to the Borough.
J. 
The use shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area except in accordance with the provisions of this overlay district.
K. 
Any use approved under this overlay district is still permitted to have accessory uses in accordance with the criteria of this Chapter for the underlying zoning district.
L. 
There shall be no business-related exterior storage, sale or display of goods.
M. 
All applicable permits are required from Red Hill Borough and any other agency having jurisdiction. In addition, all federal, state, and local codes must be met that are applicable to the use and property, including building code regulations.
[Added by Ord. 459, 9/10/2008; amended by Ord. 2015-514, 2/11/2015; by Ord. 2017-534, 7/12/2017; and by Ord. No. 2019-560, 11/19/2019]
1. 
Purpose. The purpose of the Village Residential Overlay District is to permit the alternative land use option of village residential housing within the LI Limited Industrial District. It is further the intent of the Village Residential Overlay District to encourage a variety of housing types in a pedestrian-oriented neighborhood with a sense of community and place within the Borough of Red Hill. Specifically, the Village Residential Overlay District is intended to:
A. 
Create a residential village character that complements Red Hill's treasured existing historic village development.
B. 
Accommodate a variety of housing types and architectural styles.
C. 
Promote pedestrian orientation of streets and buildings.
D. 
Provide safe pedestrian access throughout the Village Residential Overlay District, and safe pedestrian connections from the Village Residential Overlay District to other destinations within the Borough of Red Hill.
E. 
Alleviate the perceived impact of high-density developments, such as townhouses, by requiring them to be of a pedestrian scale and bulk.
F. 
Give priority to pedestrian movement and access to buildings, open spaces and streets, and discourage design that gives priority to vehicular convenience only.
G. 
Provide safe routes and amenities for bicyclists and provide for bicycle connections to popular nearby destinations.
H. 
Create a street circulation system that provides safe and convenient access but discourages fast or heavy traffic that is incompatible with a residential neighborhood.
I. 
Use scale, building architecture, and landscaping to establish a strong community identity.
J. 
Provide both active and passive recreational opportunities.
K. 
Ensure that new development is compatible with existing neighborhoods within Red Hill and adjacent residential developments in Upper Hanover.
L. 
Protect environmental features such as streams or steep slopes.
M. 
Enhance on-site stormwater management by promoting stormwater best management practices (BMPs) and limiting impervious coverage when possible.
2. 
Uses Permitted by Right. The following principal uses and their accessory uses are permitted by right on tracts in the Village Residential Overlay District, provided that the use type, dimensional and all other applicable requirements of this Chapter are satisfied:
A. 
On tracts of less than five acres:
(1) 
Village single dwellings.
(2) 
Single-family semi-detached dwellings.
(3) 
Single-family attached dwellings.
(4) 
Park and open space uses.
(5) 
Mixed residential developments that comply with the mixing requirements described in § 27-319.6.A.
B. 
On tracts of five acres or more:
(1) 
Mixed residential developments that comply with the mixing requirements outlined in § 27-319.6.A if two or more housing types are proposed as part of a single land development proposal.
3. 
Overlay Zoning. The Village Residential Overlay District shall be an overlay to the LI Limited Industrial District as shown on the Zoning Map. The following shall apply to the overlay district:
A. 
The provisions of the Village Residential Overlay District shall serve as a supplement to the underlying district provisions and, as such, shall apply to Village Residential Overlay District uses only.
B. 
The provisions of this district apply only to LI Limited Industrial District properties located northeast of Hendricks Road and east of a northeasterly extension of East Fourth Street as designated by the Borough Zoning Map, as amended. The district shall not apply to any other zoned properties.
C. 
Eligible properties within the Village Residential Overlay District may be developed as LI Limited Industrial District uses in compliance with the requirements of Part 3 of this Chapter with respect to the LI Limited Industrial criteria, or as Village Residential Overlay District uses in compliance with the requirements of the Village Residential Overlay District.
4. 
Dimensional Requirements. Each of the following dimensional requirements must be met:
A. 
Maximum Density.
(1) 
On tracts of less than five acres:
(a) 
Village single dwelling: four dwellings per developable acre.
(b) 
Single-family semi-detached dwelling: four dwelling units per developable acre.
(c) 
Single-family attached dwelling: six dwelling units per developable acre and a maximum of four dwelling units per building.
(2) 
On tracts of five acres or more:
(a) 
Mixed residential development: five dwelling units per developable acre.
B. 
Minimum Lot Area.
(1) 
Village single dwelling: 6,500 square feet.
(2) 
Single-family semi-detached dwelling: 5,000 square feet.
(3) 
Single-family attached dwelling: 1,900 square feet.
C. 
Minimum Lot Width.
(1) 
Village single dwelling: 60 feet.
(2) 
Single-family semi-detached dwelling: 40 feet.
(3) 
Single-family attached dwelling: 32 feet for end units; 20 feet for interior units.
D. 
Maximum Building Coverage.
(1) 
Village single dwelling: 40%.
(2) 
Single-family semi-detached dwelling: 25%.
(3) 
Single-family attached dwelling: 45%.
E. 
Maximum Building Height.
(1) 
Village single dwelling: 35 feet.
(2) 
Single-family semi-detached dwelling: 35 feet.
(3) 
Single-family attached dwelling: 35 feet.
F. 
Maximum Impervious Surface Coverage.
(1) 
Village single dwelling: 55%.
(2) 
Single-family semi-detached dwelling: 40%.
(3) 
Single-family attached dwelling: 70%.
G. 
Minimum Front Yard.
(1) 
Where the front yard faces an arterial or collector street, the minimum front yard shall be not less than 30 feet and not more than 40 feet from the edge of sidewalk closest to the dwelling.
(2) 
Where the front yard faces a local street or lower road classification, the minimum front yard shall be as follows:
(a) 
Village single dwelling: Not less than 20 feet and not more than 25 feet from the street line.
(b) 
Single-family semi-detached dwelling: Not less than 20 feet and not more than 30 feet from the street line.
(c) 
Single-family attached dwelling:
(i) 
§ 1. Not less than 20 feet and not more than 30 feet from the edge of sidewalk closest to the dwelling if parking is located in the front yard.
(ii) 
Not less than 10 feet and not more than 20 feet from the edge of sidewalk closest to the dwelling if no parking is located in the front yard.
H. 
Minimum Side Yard.
(1) 
Village single dwelling: 7.5 feet.
(2) 
Single-family semi-detached dwelling: 12 feet.
(3) 
Single-family attached dwelling: 12 feet (end units only).
I. 
Minimum Rear Yard.
(1) 
Village single dwelling: 25 feet.
(2) 
Single-family semi-detached dwelling: 25 feet.
(3) 
Single-family attached dwelling: 30 feet.
J. 
Projections into Rear Yards.
(1) 
The maximum distance a deck may extend into the rear yard is 12 feet.
(2) 
The maximum height of the deck shall be not more than 15 feet above the foundation grade.
K. 
Parking. For each village single or single-family semi-detached dwelling, two off-street parking spaces shall be provided. For each single-family attached dwelling, 2.5 off-street parking spaces shall be provided. Parking shall be designed in accordance with § 27-319.6.D.
5. 
Additional Requirements.
A. 
All developments must provide open space in compliance with § 27-319.7.
B. 
All developments shall be served by public sewer and public water.
C. 
A chain-link fence shall be provided along property boundaries when the development abuts a commercial use if recommended by Borough Council. The fence shall be seven feet in height plus one foot of barbed wire at the top.
D. 
All mixed residential developments shall meet the following mixing requirements:
(1) 
The development shall include at least two of the following housing types:
(a) 
Village single.
(b) 
Single-family semi-detached.
(c) 
Single-family attached.
(2) 
No housing type shall exceed the following maximum percentage of the total number of dwelling units:
(a) 
Village single: 60%.
(b) 
Single-family semi-detached: 50%.
(c) 
Single-family attached: 60%.
E. 
When fee simple lots are not proposed, the development shall meet equivalent lotting standards of the dimensional requirements provided in § 27-319.4.
F. 
Ownership. Any land area proposed for development shall be titled in one owner or shall be subject to a joint application filed by every owner of the land area proposed for development, under single direction, using one overall plan and complying with all requirements of this Chapter.
6. 
Design Standards. All development in the Village Residential Overlay District shall comply with the following design standards:
A. 
General Layout of Mixed Residential Developments.
(1) 
Mixed residential neighborhoods shall be designed so that the different housing types are compatible with each other or are well integrated, similar to existing patterns found in Red Hill Borough.
(2) 
In general, mixed developments shall be designed so the single-family attached dwelling units are located close to a primary park or central gathering space, open space, primary roads, and trail or sidewalk connections.
(3) 
At least 20% of the total proposed dwelling units shall have front facades or rear yards facing open space, as defined in § 27-319.7 herein.
(4) 
To create variety within the neighborhood and increase aesthetic appeal, breaks shall be incorporated into the streetscape. The maximum number of dwelling units that may be located consecutively in a row without a break on the same street and same side of the street is as follows:
(a) 
Village single: 10 dwellings.
(b) 
Single-family semi-detached: six dwellings.
(c) 
Single-family attached: 20 dwellings (five DUs permitted per building = four consecutive buildings).
(d) 
In addition to an intersection created by a perpendicular street, breaks may also be created by at least four dwelling units of a different housing type, by open space having at least 60 feet of frontage on the street, or by trail connections that are landscaped on both sides of the trail with trees and shrubs as depicted on a landscaping plan that complies with § 22-429.4 of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22) and contain other architectural features (such as pillars, benches, fencing and/or hedge rows) as are acceptable to Borough Council to provide greater aesthetic appeal.
B. 
Pedestrian Design Standards.
(1) 
Sidewalks at least five feet in width are required along all road frontages.
(2) 
Sidewalks shall be constructed in accordance with § 22-427.1 of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22).
(3) 
Sidewalks are required to connect the road frontage sidewalks to all front building entrances, parking areas, primary park areas, walking trails located in Red Hill Borough, open space, and any other destination that generates pedestrian traffic.
(4) 
Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points.
(5) 
A community trail system acceptable to Borough Council shall be constructed in accordance with the specifications set forth in § 27-319.7.F(2).
C. 
Building Design Standards.
(1) 
All dwelling units shall have at least one primary entrance in the front facade. For single-family semi-detached dwelling units, this requirement may be satisfied if at least one of the dwelling units has its primary entrance in the front facade.
(2) 
All residential buildings shall have pitched roofs covering at least 80% of the building with a pitch of at least six vertical inches to every 12 horizontal inches.
(3) 
Village singles shall meet all of the following criteria:
(a) 
Each dwelling shall contain a roofed but unenclosed porch extending across at least half of the front of the dwelling and being at least seven feet in depth.
(b) 
All front-facing garages for village singles shall be located at least 10 feet behind the building's front porch facade. All other off-street parking, including other garages or unenclosed parking spaces, shall be located behind the building's front porch facade.
(4) 
Village singles may also contain one or more of the following optional features:
(a) 
A front yard raised above sidewalk grade by at least two feet.
(b) 
A front yard enclosed by a permanent ornamental wall or wooden fence ranging between two feet and three feet in height or enclosed by a hedge of shrubs planted 18 inches apart across the width of the front yard.
(c) 
A first floor level of the dwelling, including the front porch, that is raised at least two feet above ground level along the front of the building.
(5) 
Single-family attached dwellings shall contain architectural features that emulate a village setting including, but not limited to, the following design criteria:
(a) 
At least 60% of the dwelling units comprising a single-family attached building shall have exterior design features that include porticos and pillars as part of the front entry to the dwelling.
(b) 
All garage doors shall contain windows and have raised panels.
(c) 
The paved driveway in front of the garage area for each dwelling unit shall not exceed 10 feet in width.
(d) 
A connecting walkway shall be constructed from the driveway to the front door of the dwelling unit.
(e) 
Except for the paved driveway and connecting walkway described above, the remainder of the front yard area of each dwelling unit shall be seeded with grass and other plantings in accordance with the requirements of §§ 22-437 and 22-438 of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22).
(f) 
Each dwelling unit shall be offset to a depth of at least two feet in intervals of 20 feet.
(g) 
A variety of architectural features shall be utilized for the front facade of each single-family attached building, such as roof lines, bay windows, dormers, overhangs, shutters, and variation in facade colors and/or textures.
(6) 
As part of the subdivision/land development review process, the applicant shall submit architectural renderings satisfactory to Borough Council, upon advice of the Planning Commission, for all proposed dwellings prior to final approval of the subdivision/land development plans.
D. 
Parking Design Standards.
(1) 
Garages and driveways shall not be the dominant aspect of the building design, as seen from the street.
(2) 
When garage doors face a street, the garage shall comprise no more than 30% of the total area of the front facade elevation of a dwelling unit, measured from ground level to the lower edge of the roof. A single garage door facing a street shall not exceed a width of 10 feet. Garage doors must be separated from any other garage door facing a street by at least 10 feet.
(3) 
Village Single and Single-Family Semi-Detached Dwelling Units. Garages for village singles and single-family semi-detached dwellings shall meet one of the following design options:
(a) 
The garage is side entry, so garage doors are perpendicular or radial to the street the front facade faces.
(b) 
The garage is front-entry and set back at least 10 feet from the front porch facade of the dwelling unit.
(c) 
The garage is located behind the rear facade of the dwelling unit. The garage may be detached from or attached to the dwelling unit, and the garage doors may face any direction.
(d) 
The garage is rear entry so the garage doors are on the opposite side of the dwelling unit from the front facade.
(4) 
Single-Family Attached Dwelling Units.
(a) 
Single-family attached dwelling units shall meet the following requirements:
(i) 
The garage may be located behind the dwelling unit or may be located in the front, with the garage door facing the street, provided the garage complies with § 27-319.6.D(2).
(ii) 
One off-street unenclosed parking space may be located in the front yard. All other unenclosed off-street parking spaces must be located to the rear of the dwelling unit or in a common parking area located to the side of the townhouse building.
(b) 
Single-family attached dwellings located at the end of single-family attached buildings may contain rear entry or side entry garages so the garage doors are perpendicular or radial to the street the front facade faces. Where side or rear entry garages are utilized, off-street unenclosed parking spaces may be located in the side or rear yards, but shall not be located in front yard areas.
E. 
Street and Driveway Design Standards.
(1) 
Streets within a Village Residential development shall be interconnected with each other and with streets on abutting properties in a grid or modified grid pattern.
(2) 
Cul-de-sacs are strongly discouraged. Any proposed cul-de-sac shall provide secondary emergency access acceptable to Borough Council upon advice of the Borough Engineer and the Borough Fire Marshal and future connectivity with adjoining properties.
(3) 
Alleys are encouraged, where appropriate, to provide parking and access at the rear of the dwelling, and to accommodate an uninterrupted streetscape and sidewalk network along the street. Alleys shall be designed in accordance with § 22-419.6 of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22).
(4) 
On tracts of 20 acres or more, new streets within a Village Residential development shall have a street connectivity index of 1.20 or more. The street connectivity index shall be computed by dividing the number of new street links (defined as street segments between intersections) by the number of new street intersections.
(5) 
For mixed residential developments on tracts of five acres or more, no lot or dwelling unit shall take driveway access from an existing collector or higher classification road.
7. 
Open Space Standards.
A. 
Recreation facilities shall be provided in accordance with § 22-409 of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22) or, in the alternative, a trail constructed within any portion of the Perkiomen Railroad easement located within the development and additional open space containing a community trail system that meet the specifications described in § 27-319.7.F and are otherwise satisfactory to Borough Council.
B. 
Open space shall be provided in accordance with § 22-407 of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22). No fee-in-lieu of providing open space, recreation facilities, or the Perkiomen Railroad trail and the community trail system described in § 27-319.7.F shall be permitted in a Village Residential development.
C. 
The following quantities of open space shall be provided for each development containing 10 or more dwelling units:
(1) 
Total Open Space: 20% of gross tract area, which open space shall be located in the Borough.
D. 
Total Open Space.
(1) 
Open space may consist of recreation facilities, walking trails, natural features, and other similar types of open space.
(2) 
No portion of any building lot, overflow parking area, stormwater basin or road right-of-way area may be used for meeting the minimum required amount of total open space.
E. 
Open Space Requirements.
(1) 
Open space shall have size, dimensions, topography, access, soil conditions and general characteristics suitable for the intended recreational use without interference with adjacent dwelling units, parking, driveways, and roads.
(2) 
Except for the community trail system and the Perkiomen Railroad trail, open space shall be comprised of individual areas not less than 50 feet in width. Open space shall be free of all structures except those related to recreational uses.
(3) 
Additional Open Space Standards.
(a) 
All dwelling units within a Village Residential development shall be located within 800 feet of open space.
(b) 
At least 20% of all lots (rounded up to the nearest whole number) in the development must border or be directly across the street from open space, with the front facades or rear yards of dwellings facing the open space.
(c) 
Street trees shall be provided along the perimeter of open space areas that border streets and shall be planted in accordance with § 22-437.3.B of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22).
(d) 
All portions of open space areas, except for those areas under sidewalks, water, furnishings and recreational structures, shall be landscaped with trees, shrubs, ground cover or grass.
(e) 
Detention basins and other stormwater impoundment areas (excepting permanent wet ponds) shall not be located in open space areas used to meet the minimum amount of required open space.
F. 
Trail Requirements.
(1) 
Any Village Residential development that contains one or more portions of the abandoned Perkiomen Railroad easement shall construct a trail within that portion of the abandoned Perkiomen Railroad easement located within the development in accordance with the following criteria and specifications:
(a) 
The Perkiomen Railroad trail shall be a ten-foot wide asphalt paved surface with a crushed stone base. The trail surface shall include 1.5 inches of superpave 9.5 mm wearing course over three inches superpave 25.0 mm base, PG 64-22 ESAL 1.1 to 1.3 million, SRL L. Stone base shall be six inches of 2A material placed on a prepared subgrade. Surface shall be pitched at 1.5 - 2% cross slope.
(b) 
A five-foot grass shoulder shall be provided on each side of the paved trail.
(c) 
A combination of native trees and shrubs shall be planted on either side of the trail. Trees shall be planted at a size no less than 2.5-inch caliper, balled and burlapped, with a low branch clearance of at least seven feet. The shrubs shall be no smaller than 36 inches in height at the time of planting.
(d) 
Where not specified above, trail construction shall be in accordance with § 22-429 of the Red Hill Borough Subdivision and Land Development Ordinance and landscaping shall be in accordance with § 22-437.4 of the Red Hill Borough Subdivision and Land Development Ordinance.
(2) 
A Village Residential development shall also provide for a system of community walking trails not located within the abandoned Perkiomen Railroad easement in amounts and locations acceptable to Borough Council. The community trails shall satisfy the following criteria and specifications with respect to such trails:
(a) 
The trail shall be not less than six feet wide with the surface, materials and specifications acceptable to Borough Council upon advice of the Borough Engineer.
(b) 
A two-foot grass shoulder shall be provided on each side of the trail.
(c) 
Plantings and landscaping shall be provided on both sides of the trail in accordance with § 22-437.4 of the Red Hill Borough Subdivision and Land Development Ordinance.
(d) 
Trail construction shall be in accordance with § 22-429 of the Red Hill Borough Subdivision and Land Development Ordinance.
(3) 
Notwithstanding any provision to the contrary in this § 27-319.7.F, in those locations where the Perkiomen Railroad trail and/or the community trail will be used secondarily as an emergency access, the trail shall be designed to meet local fire code standards and specifications, as in effect at the time of final plan approval, which shall be reviewed and approved by the Red Hill Borough Fire Marshal. All portions of the trail located within the emergency access area shall be designed to allow use by the largest fire truck operating within the Borough.
8. 
Ownership and Maintenance of Common Open Space and Facilities.
A. 
The following methods of ownership may be used for common open space and facilities, either individually or in combination:
(1) 
Fee simple dedication to Red Hill Borough, although the Borough Council need not accept the offer of dedication.
(2) 
Homeowners or Condominium Association. Open space and associated facilities may be owned or controlled by a homeowners or condominium association.
(3) 
Transfer of Title to a Private Conservation Organization. With the permission of the Borough Council, an owner may transfer title to a private, nonprofit organization whose purpose is to conserve open space and/or natural resources, provided access to and use of the open space for all homeowners in the development is guaranteed.
(4) 
Private Landowner. If this form of ownership is used, then a deed restriction and a conservation easement satisfactory to Borough Council that permanently restricts the land from further subdivision or development is required. Access to and use of the open space for all homeowners in the development must be guaranteed before private ownership of the open space will be permitted.
B. 
Conservation of Open Space. All common open space shall be permanently deed restricted from further subdivision and development. The deed restriction shall be reviewed and approved as part of the subdivision and land development process.
C. 
Maintenance. Maintenance of common open space and facilities shall be provided in accordance with § 22-407 of the Red Hill Borough Subdivision and Land Development Ordinance (Chapter 22).