A.
Height regulations shall not apply to any of the following, provided
the use is not for human occupancy: spires, belfries, cupolas, antennas,
penthouses, domes, chimneys, ventilators, skylights, water tanks,
bulkheads, utility poles or towers, silos, and ornamental or necessary
mechanical appurtenances.
B.
For all residential uses, accessory buildings shall not exceed 15
feet in height as measured from the floor level at the main entrance
to a point midway between eaves and ridge. For all structures above
six feet in height, the width shall not be less than 75% of the height.
The area, width, and depth of lots shall provide adequate open
space for off-street loading, unloading, and/or parking space, and
yards. In all cases where public sewers are not available, the lot
areas shall be of sufficient size to provide open areas, exclusive
of parking area or other paved areas for an approvable on-lot wastewater
disposal system.
Yards shall be provided in accordance with the provisions set
forth herein and shall be planted with grass, sod, ground cover or
other vegetative covering excepting in cases where walks, access drives,
off-street parking lots, patios, or other types of surfaces are permitted
by this chapter. All yards shall be maintained and kept free of all
debris and rubbish.
A.
Setbacks.
(1)
Notwithstanding the front yard or setback regulations set forth herein
for the various districts, all yards shall be provided, and all buildings
or structures hereafter erected or altered shall be set back not less
than 20 feet from the curbline, or, in the absence of a curb, no less
than 20 feet from the edge of the cartway.
(2)
Where the street or private road upon which the lot abuts is less than 20 feet in width, the front yard depth and the width of the side yard abutting the street or private road shall be measured from a line parallel to and 25 feet from the center line of the street or private road. An exception may be made in those cases identified in § 475-11B below where adjacent improved properties affect the setback requirement.
B.
Adjustments to meet existing setbacks in front yards.
(1)
When an unimproved lot is situated between two improved lots, each
having a principal building which extends into the required front
yard and has been so maintained since the effective date of this chapter,
the front yard of such unimproved lot may be the same depth of the
front yards of such two adjacent improved lots, notwithstanding the
yard requirements of the district in which it is located.
(2)
Where an unimproved lot adjoins only one improved lot having thereon
a principal building, within 25 feet of the common side lot line,
which extends into the required front yard of such improved lot and
which extension existed at the effective date of this chapter, the
front yard depth of such unimproved lot may be the average depth of
the front yard of such adjacent improved lot and the front yard required
for the district in which such unimproved lot is located, notwithstanding
the yard requirements for such district. However, the second unimproved
lot from the original improved lot must have at least the minimum
front yard depth required in the district unless it also abuts on
an improved lot, as of the time of this chapter, that extends into
the required front yard.
C.
Side yards for corner lots. On a corner lot, the side yard abutting
the street shall have a width equal to the depth of the front yard
required in the district.
D.
Projections to setback.
(1)
Cornices, eaves, gutters, bay windows, and chimneys may not project
into the front, side or rear yard of a lot more than 24 inches.
(2)
Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into any yard.
Except that a screened porch may be erected in the side yard of a
nonconforming lot, provided that it shall not be less than five feet
from the side lot line.
(3)
Uncovered patios, driveways, walks, parking areas, stairs, and window
wells, and such other similar structures customarily supplementary
to the main building may project into front, side, or rear yards of
a lot providing the height shall be not more than 12 inches above
the yard grade.
(4)
Uncovered steps and entrance canopies not greater than four feet
in depth and eight feet in width may project into the required front
and rear yard.
(5)
Exterior access ramps not otherwise permissible under this subsection
may be permitted within any yard upon review and approval of the Montgomery
Borough Council.
E.
Fences and walls.
[Amended 2-8-2005 by Ord.
No. 2005-1]
(1)
No fence or wall exceeding six feet in height shall be erected within any of the yards required by this chapter, except in the Commercial and Industrial Districts where security fences may be up to eight feet in height, and except as provided in § 475-11F.
(2)
Fences or walls not exceeding six feet in height may be permitted
to be located within any of the required yards, but shall be set back
at least two feet from all property lines and from the edge of any
adjoining street, road, alley or right-of-way. Where, however, there
is mutual written consent between the adjoining property owners, a
fence or wall may be placed on a property line. A copy of such mutual
consent, along with arrangements for maintenance of the fence or wall,
shall be submitted to the Zoning Officer along with the application
for placement of the structure.
(3)
Fences having only one finished side shall be installed so that the
finished side faces out or away from the subject property.
(4)
All fences and walls shall be maintained in good condition and shall
not be allowed to become dilapidated.
F.
Obstructions to vision.
(1)
No walk, fence, sign or other structure shall be erected or altered
and no hedge, trees, shrubs, or other growth shall be maintained or
permitted which may cause danger to traffic on a street or road (whether
public or private) by obscuring the view.
[Amended 2-8-2005 by Ord.
No. 2005-1]
(2)
At all intersections of streets, private roads and/or access drives,
a clear sight triangle shall be maintained.
(3)
In the case of commercial or industrial uses, this shall not prohibit
the erection of signs, provided that the signs are in compliance with
the sign section of this chapter.
(4)
The clear sight triangle shall be as follows when measured from the
point of intersection of:
(a)
Two street lines: equal to the required depth of the building
setback from the street line in the district where located.
(b)
A street line and an access drive or private road: equal to
the required depth of the building setback from the street line in
the district where located and equal to the width of the access drive
or private road.
G.
On lot storage. In the R-3 and C Districts, no commercial vehicle,
truck, tractor, trailer, recreational vehicle, boat, or any similar
vehicle or equipment shall be parked or stored for more than 48 hours
unless it is:
(1)
In an enclosed structure; or
(2)
If not in an enclosed structure, the vehicle or equipment shall be
completely screened from view from the adjoining properties and the
street at all seasons of the year. The screening may be an evergreen
hedge, or fence, or combination of materials not less than six feet
in height. A wood fence shall be slatted no less than every two inches.
(3)
In all other districts, commercial vehicle, truck, tractor, trailer,
recreational vehicle, boat, or any similar vehicle or equipment may
be stored on the property, subject to the following regulations:
(a)
The vehicle or commercial vehicle, truck, tractor, trailer,
recreational vehicle, boat, or any similar vehicle or equipment shall
not be located closer than six feet to an adjoining property unless
it is buffered by a hedge, shrubbery, or wood fence at least four
feet in height but no greater than six feet. The hedge or shrub shall
be thick enough to effectively shield the vehicle; a wood fence shall
be slatted no less than every two inches.
(b)
The commercial vehicle, truck, tractor, trailer, recreational
vehicle, boat, or any similar vehicle shall not exceed 13.5 feet in
height or 40 feet in length.
(c)
The vehicle, front or rear, shall not extend any further into
the front yard than the front of the principal structure but in any
event shall be setback at least 10 feet from the property line.
Where buffer yards are required under the terms of this chapter,
they shall be provided in accordance with the following standards:
A.
All buffer yards shall be planted with grass, sod, ground cover or
such other materials as approved by the Zoning Hearing Board or Planning
Commission and, where specified, a dense screen planting as herein
specified. Buffer yards shall be maintained and kept free of debris
and rubbish.
B.
No structure, manufacturing or processing activity, or storage of
materials shall be permitted in buffer yards; however, access drives
may cross the buffer yard.
Where screen plantings are required under the terms of this
chapter, they shall consist of trees, shrubs, and other plant materials
or a combination of plant material and wood, masonry, or other material
arranged in a manner to serve as a barrier to visibility, air born
particles, glare, and noise. All material and arrangements are subject
to the approval of the Planning Commission and Borough Council. The
screen planting shall be in accordance with the following requirements:
A.
Plant materials used in the screen planting shall be comprised of
not less than 50% evergreen material and shall be not less than six
feet in height.
B.
The screen planting shall be permanently maintained.
C.
The screen planting shall be so placed that at maturity it will be
not closer than five feet from any street or property line.
D.
A clear sight triangle shall be maintained at all street intersections
and at all points where private access ways intersect public streets.
E.
Screen planting may be broken at points of vehicular or pedestrian
access and in cases where a barrier is not necessary, provided that;
no outdoor processing or manufacturing activity and no outdoor storage
of materials shall be so located to be visible from an adjacent residential
district.
F.
Prior to issuance of a building permit, complete plans showing the
arrangement of all buffer yards and the placement, species, and size
of all plant materials to be placed in such buffer yard shall be reviewed
and approved by the Planning Commission.
The minimum habitable floor area of a dwelling unit or any building
or structure hereafter erected or used for living purposes shall be
650 square feet. In the case of apartment houses and conversion apartments,
the minimum habitable floor area shall be not less than 500 square
feet per apartment, except those apartments designed for and occupied
exclusively by one person, which apartments shall each contain not
less than 300 square feet of habitable floor area.
All newly constructed units, as well as any commercial, industrial,
recreational and/or institutional use which will require or include
sewer services, must be connected to Borough's sewer and water system.
The following uses are prohibited in all districts within the
Borough by the need to protect and promote the safety and general
welfare of the Borough's residents:
A.
The following uses are prohibited in all districts throughout the
Borough:
(1)
The incineration (not including individual home incinerators), reduction,
storage, or transfer of garbage, offal, animals, fish, or refuse,
unless by the Authority of or under the supervision of the Borough.
(2)
Dumps and dumping of any kind, unless by the authority of or under
the supervision of the Borough.
(3)
The grading of land other than the grading of a lot preparatory to
the construction of a building or use for which a zoning permit has
been issued or when incidental to the expansion or operation of a
lawfully permitted use except where permission has been granted by
the Planning Commission following a meeting with the landowner to
assure that drainage and excessive soil erosion, stormwater runoff
or other hazardous conditions will not be created as a result of the
contemplated grading operation. When deemed necessary by the Planning
Commission, cross sections and profiles of the proposed grading may
be required.
A.
No development of any sloped lot shall be permitted in violation
of any federal, state or local statutes, regulations, or ordinances,
including, but not limited to, floodplain restrictions or location
of on-lot sewage and water systems.
B.
No building, driveway, roadway, or other excavation shall occur in
any area having slopes in excess of 15% unless detailed construction
plans have been approved by the governing body prior to the commencement
of construction. The plans submitted to the governing body shall include
at least the following:
C.
At least 30 days prior to consideration of sloped lot construction
plans, the governing body shall submit the plans to the Borough Planning
Commission and to the Codes Enforcement Officer for consideration
and comment. The governing body shall consider the comments of the
Planning Commission and the Codes Enforcement Officer in determining
whether to approve or disapprove the planned development. In the event
that the Planning Commission or the Codes Enforcement Officer fail
to provide comments within 30 days of referral of the plans, the governing
body may act without comment.
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 the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building is reasonably necessary for
the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania Public Utility Commission to insure that both
the corporation and the Borough have notice of the hearing and are
granted an opportunity to appear, present witnesses, cross-examine
witnesses presented by other parties and otherwise exercise the rights
of a party to the proceedings.
All development shall be in compliance with Chapter 218, Floodplain Management, of the Code of Montgomery Borough.
