This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
Notwithstanding any contrary provision of this chapter, a private garage attached to a single-family dwelling shall be permitted in a residential district, provided that it shall be entirely within the applicable building envelope and shall in all respects conform to the provisions of this chapter and other applicable codes.
When a nonconforming developed residential lot has frontage insufficient to meet the requirements of the district in which it is located and the owner wishes to erect a private garage, thereby violating the side yard requirements, the following standards shall be used:
A. 
In all residential districts where single-family detached dwellings exist, side yard requirements of private garages shall be permitted to be the same as the side yard building line of the existing dwelling, with a minimum side yard between the garage and the side lot line of four feet.
B. 
In all residential districts where attached or semidetached dwellings exist and a lot is deficient in frontage, one side of the private garage may be constructed up to the common property line of the adjoining dwelling. The remaining side yard shall be not less than four feet.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obstructing the view.
[Amended 10-7-1992 by Ord. No. 1492; 9-6-2000 by Ord. No. 1658; 12-17-2003 by Ord. No. 1709[1]]
A. 
Regulations by lot size. In all residential districts and in all cases where an accessory structure is accessory to a principal residential use, accessory structures of 200 square feet or less shall be located on a lot in such manner as to have a side yard of not less than four feet and a rear yard of not less than four feet; accessory structures 200 square feet to 580 square feet shall have a rear yard setback of not less than eight feet and shall have a side yard so as to comply with the side yard requirements for the district in which they are located; accessory structures greater than 580 square feet in area shall be permitted only by special exception pursuant to the following conditions:
(1) 
The total area of the accessory structure shall be not greater than 700 square feet.
(2) 
The accessory structure in question in all respects complies with the standards for special exception as set forth in § 405-2205 of this chapter.
(3) 
The accessory structure complies with all yard requirements for the district in which it is located.
B. 
Unenclosed decks and patios. Although they are not considered accessory structures, for unenclosed decks and patios, where the residence is an attached or semidetached residence, the deck or patio may extend to the common property line.
C. 
Any accessory structure not regulated by above Subsections A and B shall meet the dimensional requirements for the use and zoning district wherein the accessory structure is located.
D. 
Separation distance. Unless connected to the principal building or other structure, any accessory structure shall be located a minimum of 10 feet from any other building or structure.
E. 
Height. Accessory structures shall have a maximum height of 17 feet.
F. 
Accessory structures are prohibited from being located between the principal building and the street, except for a designated rear yard on dual-frontage lots.
G. 
Building and impervious coverage. Accessory structures shall count towards maximum building and impervious coverage, as applicable. The purpose of regulating maximum impervious coverage is not only to limit land disturbance and stormwater impacts, but also to preserve the character of the neighborhood by limiting the bulk of structures. Consistent with this intent, structures such as trellises and outdoor garden structures shall count towards maximum impervious coverage. The impervious area attributed to these structures shall be calculated by measuring the smallest possible horizontal rectangle that completely encloses the structure.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-17-2003 by Ord. No. 1709]
A distance of 10 feet shall be maintained between the outermost driveway or parking area and the adjacent property lines. The foregoing shall not include parking areas and driveways as they relate to single-family detached and attached dwelling units. In the case of single-family attached dwelling units, a distance of two feet shall be permitted between the property line and the outermost edge of the parking area or the driveway. In the case of single-family detached dwelling units, a distance of five feet shall be permitted between the property line and the outermost edge of the parking area or the driveway.
In any district, lighting facilities contained on any lot shall be so arranged to protect neighboring properties from unreasonable glare and/or hazardous interference of any kind.
[Added 12-17-2003 by Ord. No. 1709]
Unless specifically permitted by this chapter, no portion of a building or structure shall be located within the minimum required front, side or rear yard area specified by this chapter, except for driveways and those other projections as provided herein.
A. 
An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of said yard.
B. 
A terrace, platform, stoop or landing not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.
C. 
A porte-cochere or carport may be erected over a driveway in a required side yard, provided that such structure is:
(1) 
Not more than 14 feet in height and does not extend in length beyond the portion of the building or structure to which it is attached.
(2) 
Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features.
(3) 
At least three feet from the side lot line.
D. 
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
E. 
Open and unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
[Added 12-15-2010 by Ord. No. 1801[1]]
A. 
Home occupations according to the following standards are a permitted use:
(1) 
Said use does not change the character of the dwelling for dwelling purposes.
(2) 
No goods are publicly displayed on the premises.
(3) 
There is no more than one nonresident employee, there being no limit as to the number of members in the family residing in the dwelling who may be engaged in such occupation.
(4) 
Such home occupation shall be conducted only during the hours of 8:00 a.m. to 6:00 p.m., except for in-house office work, which may be conducted at any time.
(5) 
Such home occupation shall not occupy more than 25% of the ground-floor area of the residence or up to 700 square feet of any one accessory building in which it is located, provided no other portions of the residence are used for such purposes.
(6) 
Any additional parking required for the home occupation in addition to that required by the standards of the zoning district shall be provided off street and located to the rear of the property.
B. 
A sign may be erected in an area in the front yard no closer than four feet to the inside sidewalk line, said sign to be a maximum of eight inches by 18 inches, excluding support structure, bearing the name of the occupant and/or his profession only. Any such permitted sign shall be located not closer than 10 feet to either side lot line. Any such sign shall not be more than 36 inches high, measured from ground level, including support structures.
[1]
Editor's Note: This ordinance also repealed original § 122-2208, Front yard setback relief, added 12-17-2003 by Ord. No. 1709.
[Added 12-15-2010 by Ord. No. 1801]
Group homes, according to the following standards, are a permitted use:
A. 
The use shall be licensed by the Commonwealth of Pennsylvania under the applicable regulations.
B. 
All medical and counseling services provided shall be restricted to the residents of the group home, with no outpatient services.
C. 
Parking shall be provided in accordance with the method set forth below, which shall require the greater number of parking spaces:
(1) 
Pursuant to the provisions of § 405-1703 of this chapter; or
(2) 
One off-street parking space shall be provided for each employee and one off-street parking space shall be provided for every four residents of the group home. Parking shall be provided to the rear of dwelling units.
D. 
All other applicable requirements of this chapter, Chapter 146, Building Construction, Article I, Fire Code, and other applicable regulations shall be met.
E. 
All group homes shall be available for reasonable periodic inspection for building code and firesafety by appropriate Borough employees and/or officials.
[Added 12-15-2010 by Ord. No. 1801]
A no-impact home-based business shall be a business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. No-impact home-based businesses are permitted by right in all residential districts according to the following standards:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
[Added 6-21-2017 by Ord. No. 2017-1898]
A medical marijuana dispensary shall meet the following requirements:
A. 
A medical marijuana dispensary shall provide proof of registration with the Pennsylvania Department of Health or proof that registration has been sought and is pending approval, and shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any special exception or conditional use shall immediately become void.
B. 
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
C. 
A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, or day-care center.
D. 
A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through, drop-off, or pick-up services shall be permitted.
E. 
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.
F. 
A medical marijuana facility shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
G. 
A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from the Borough Code Enforcement Officer or his or her designee. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
H. 
There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.
I. 
No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.[1]
[1]
Editor's Note: See 35 P.S. § 10231.506.
J. 
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
K. 
A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Borough Engineer and the Borough Code Enforcement Officer. The medical marijuana dispensary shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[2] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[2]
Editor's Note: See 35 P.S. § 10231.1102.
L. 
A medical marijuana dispensary shall be staffed with/monitored by security personnel 24 hours a day and seven days a week, and shall install panic alarms approved by the Chief of Police.
M. 
A medical marijuana dispensary shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Zoning Officer. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
[Added 6-21-2017 by Ord. No. 2017-1898]
A medical marijuana grower/processor shall meet the following requirements:
A. 
A medical marijuana grower/processor shall provide proof of registration with the Pennsylvania Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any conditional use or special exception shall immediately become void.
B. 
A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
C. 
A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center.
D. 
A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.
E. 
A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.
F. 
A medical marijuana grower/processor shall not receive deliveries or make shipments earlier than 9:00 a.m. or later than 9:00 p.m.
G. 
A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from the Borough Code Enforcement Officer or his or her designee. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
H. 
There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.
I. 
No one under the age of 21 shall be permitted in a medical marijuana grower/processor.
J. 
No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
K. 
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
L. 
A medical marijuana grower/processor shall submit a security plan to, and obtain approval from the Code Enforcement Officer or his or her designee. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[1] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[1]
Editor's Note: See 35 P.S. § 10231.1102.
M. 
A medical marijuana grower/processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week, and shall install panic alarms approved by the Chief of Police.
N. 
A medical marijuana grower/processor shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Zoning Officer. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
[Added 2-21-2018 by Ord. No. 2018-1907]
A. 
Deed restriction. A property owner who wishes to establish an accessory dwelling unit shall prepare and record, with the Montgomery County Recorder of Deeds, a deed restriction in a form acceptable to the Borough Solicitor, containing the conditions set forth in this § 405-1913, Subsections A through L, which shall reflect that the property is encumbered with those specific conditions. The deed restriction must run with the land.
B. 
Accessory use. Accessory dwelling units shall be permitted by right attached to or contained within single-family detached homes only. An accessory dwelling unit shall have neither a separate address nor a separate mailbox from that of the principal dwelling.
C. 
The addition of an accessory dwelling unit to a principal dwelling unit shall not violate any of the dimensional requirements of this chapter with which the principal dwelling unit must comply.
D. 
Separate entrance. Accessory dwelling units shall have a separate entrance than the principal dwelling's main entrance. The separate entrance for the accessory dwelling unit shall not face the street. If the property is a corner lot, the separate entrance for the accessory dwelling unit shall not face the same street that the principal dwelling's main entrance faces.
E. 
Configuration. The principal and accessory dwellings must be attached and interconnected. The use of a connecting door is permitted, but shall remain accessible from both dwelling units at all times. The accessory dwelling unit shall not be located in a separate freestanding building joined to the principal dwelling by a corridor or breezeway. Any exterior changes to the principal dwelling to incorporate an accessory dwelling unit shall not detract from its appearance as a single-family detached dwelling as viewed from a street or another property.
F. 
Ownership. The principal dwelling unit shall owner-occupied, and shall be the primary residence of the owner of the property.
G. 
Limited occupancy.
(1) 
Occupants of an accessory dwelling unit shall be limited to the following family members of the occupants of the principal dwelling: parents, grandparents, step-parents, step-grandparents, and/or the spouse, sibling, or partner of one of those relatives.
(2) 
No more than two people shall occupy an accessory dwelling unit.
H. 
Kitchen. A second kitchen with cooking facilities is permitted in the accessory dwelling unit portion of the principal dwelling when an accessory dwelling unit is established. However, the cooking facilities of the second kitchen shall be removed within six months after the living quarters is no longer occupied by the person(s) for whom the ADU was initially approved.
I. 
Renting prohibited. The owner of the property shall not lease or rent an accessory dwelling unit as an apartment or separate dwelling unit.
J. 
Permit. An accessory dwelling unit license to operate shall be required in order to use an accessory dwelling unit. Once the license is granted, it shall be renewed every year the occupant(s) reside(s) in the accessory dwelling unit. Such a permit runs with the owner of the property.
(1) 
The property owner shall submit an application and obtain an accessory dwelling unit license to operate by January 1 of every calendar year the accessory dwelling unit exists. The application shall certify whether the person(s) identified as the person(s) for whom the accessory dwelling unit was initially approved continues to occupy the accessory dwelling unit.
(2) 
The application must include names and family relationship of each resident of an accessory dwelling unit, as well as other information required by the Lansdale Department of Code Enforcement to ensure compliance.
(3) 
The property owner shall pay all Borough permit fees and County Recorder of Deeds recording fees at the time of issuance of the permit. Fees to the Borough must be paid as adopted by Borough resolution.
(4) 
The owner of the property on which an accessory dwelling unit is established shall reimburse the Borough for any expenses related to code enforcement related to the accessory dwelling unit.
(5) 
Biannual inspections are required to ensure compliance with this § 405-1913 and the International Property Maintenance Code, as adopted by the Borough.
(6) 
The property owner shall notify Lansdale Borough within 30 days of the date when the person(s) for whom the second kitchen with cooking facilities was installed discontinues full-time use of the accessory dwelling unit. The property owner shall surrender the license to operate issued by Lansdale Borough at the time of the owner's notification to the Borough that the premises are no longer occupied by the person(s) for whom the accessory dwelling unit license to operate was issued.
(7) 
Upon expiration of the license to operate, the premises shall revert back to its original status as a single-family dwelling unit without separate cooking facilities; the separate cooking facilities must be removed within six months after the living quarters is no longer occupied by the person(s) for whom the ADU was initially approved.
K. 
Parking. An accessory dwelling unit requires one new, additional off-street parking space. However, creation of a new, off-street parking space is not required if the off-street parking available to the principal dwelling unit exceeds the number of spaces required for the principal dwelling unit by at least one space.
L. 
Utilities. All utilities for the accessory dwelling unit must be routed through the principal dwelling.