A. 
General to by-right uses in all zoning districts.
(1) 
Any principal building(s) on a lot may be used for the purposes stated in Tables (1), (2), and (3) according to the zoning district in which the building is located, the building type proposed, and the standards therein.
(2) 
Any principal building on a lot may be used for more than one of the uses permitted in Tables (1), (2), and (3), provided that all standards of this chapter have been met for all uses and all of the uses are permitted in the building type.
(3) 
Any use of similar character, impact, appearance, and intensity as any of the uses specifically permitted shall be permitted when authorized as a special exception according to the standards of § 500-301B(2). Special exception criteria specific to uses not defined in this chapter, and § 500-902, Special exception standards and criteria. Regulated uses shall not be considered any other use type.
[Amended 6-16-2022 by Ord. No. 1048]
(4) 
Accessory uses on the same lot with and customarily incidental to any permitted use are permitted.
(5) 
Table of By-Right Uses.
[Amended 5-16-2018 by Ord. No. 1005; 9-20-2018 by Ord. No. 1008; 11-20-2018 by Ord. No. 1010; 5-19-2022 by Ord. No. 1045; 6-16-2022 by Ord. No. 1048; 7-20-2023 by Ord. No. 1056; 9-21-2023 by Ord. No. 1058]
Table (1)
By-Right Uses
Use Type
3a
3b
3c
4a
4b
5a
5b
RESIDENTIAL USES
Residential
One-family dwelling
dh, co3
dh, tw, co3
dh, tw, co3
dh, tw
dh, rh, tw
Two-family dwelling
dh
dh
dh
dh
Multiple-family dwelling
mh
mh
mh
mh, mu
ab,4 mu1
mu
NONRESIDENTIAL USES
Office and Professional Service
General office
mu2
cm, mu
Professional office
mu2
cm, mu
Medical office
mu2
cm, mu
Financial institution
mu2
cm, mu
Funeral home
mu2
cm, mu
Retail and Light Industry
Store
cm, mu
cm, mu
Retail bank
cm, mu
cm, mu
Restaurant
cm, mu
cm, mu
Manufacturing
cm,2 mu2
cm, mu
Personal service
cm,2 mu2
cm, mu
Temporary market
cm, mu
cm, mu
Studio
cm,2 mu2
cm, mu
Entertainment venue
cm, mu
cm, mu
Small restaurant
cm, mu
cm, mu
Dry cleaner
cm, mu5
cm, mu
Personal care
cm, mu6
cm, mu
Other
Bed-and-breakfast
mu
mu
No-impact home-based business
any
any
any
any
any
any2
any
Regulated uses
cm7
Automotive
Fueling station
cm
Automobile uses
cm
Civic
Parks and open space
any
any
any
any
any
any
any
Library
any
any
any
any
any
any
Institutional
School
ci, mu
ci, cm, mu
Child-care center
ci, mu
ci, cm, mu
Group child-care home
ci,2 mu2
ci, cm, mu
Family child-care home
dh
dh
dh
dh
Museum
ci, mu
ci, cm, mu
Community service
ci, mu
ci, cm, mu
Religious
Building Types:
any
Any building type
ab
Apartment building
ci
Civic institutional
cm
Commercial
co
Cottage
mh
Multifamily house
mu
Mixed-use
dh
Detached house
rh
Row house
tw
Twin house
NOTES:
1
Mixed use buildings are permitted by right excepting the provisions of § 500-301C(4).
2
Uses are not permitted on the ground floors of buildings with frontages on Haverford Avenue.
3
Uses permitted for lots also in the H District and upon which a contributing resource is located, or which have been subdivided from such a slot.
4
Existing buildings on lots in the 5a District that are also in the H District, and are also contributing resources that do not have a frontage on Haverford Avenue, Forrest Avenue, Essex Avenue, or North Narberth Avenue north of Haverford Avenue may be converted to an apartment building and permitted by right to provide for the adaptive reuse of the existing contributing resource and in compliance with the requirements of Chapter 315, Historic Districts. In addition, apartment buildings along corner lots on Windsor Avenue in the 5a District shall be permitted by conditional use pursuant to § 500-301C(4).
5
The primary entryway to a portion of a building fronting Haverford Avenue or North Narberth Avenue containing a dry cleaner use shall be located at least 350 feet from the entryway of any other portion of a building used or occupied for a dry cleaning use and located within the 5a Zoning District.
6
The primary entryway to a portion of a building fronting Haverford Avenue or North Narberth Avenue containing a personal care use shall be located at least 350 feet from the entryway of any other portion of a building used or occupied for the same type of personal care use and located within the 5a Zoning District.
7
No regulated use shall be permitted in a building located less than 1,000 feet from the building footprint of another building then used or occupied, in whole or in part, or approved for use and occupancy by Narberth Borough for the same type of regulated use.
B. 
Uses permitted by special exception.
(1) 
Specific criteria for special exceptions in the 4b General Urban Open Zoning District.
(a) 
Lots authorized for special exception uses must be located on corner lots with at least two frontages.
[Amended 9-21-2023 by Ord. No. 1059]
(b) 
The applicant shall apply for a special exception according to the procedure and standards set forth in § 500-902, Special exception standards and criteria, of this chapter.
(2) 
Special exception criteria specific to uses not defined in this chapter.
(a) 
Impacts on neighboring properties and streets, such as light, noise, customer activity, deliveries, or odors, shall be similar to those impacts expected from uses otherwise permitted in the district.
(b) 
Off-street parking requirements shall be no less than other similar uses otherwise permitted in the district.
(c) 
Vehicular traffic generated by the use shall be the same as other similar uses otherwise permitted in the district.
(3) 
Table of Special Exception Uses.
[Amended 11-20-2018 by Ord. No. 1010; 6-16-2022 by Ord. No. 1048]
Table (2)
Special Exception Uses
Use Type
3a
3b
3c
4a
4b
5a
5b
RESIDENTIAL USES
Residential
One-family dwelling
Two-family dwelling
Multiple-family dwelling
NONRESIDENTIAL USES
Office and Professional Service
General office
Professional office
cm, mu
Medical office
cm, mu
Financial institution
cm, mu
Funeral home
Retail and Light Industry
Store
cm, mu
Retail bank
cm, mu
Restaurant
cm, mu
Manufacturing
cm, mu
Marijuana dispensary
cm
Personal service
cm, mu
Temporary market
cm, mu
Studio
cm, mu
Entertainment venue
cm, mu
Small restaurant
cm, mu
Dry cleaner
cm, mu
Personal care
cm, mu
Other
Adult uses
cm
Bed-and-breakfast
No-impact home-based business
Automotive
Fueling station
Automobile uses
Civic
Parks and open space
Library
Institutional
School
Child-care center
Group child-care home
Family child-care home
Museum or gallery
cm, mu
Community service
cm, mu
Religious
Building Types:
any
Any building type
ab
Apartment building
ci
Civic institutional
cm
Commercial
mh
Multifamily house
mu
Mixed-use
dh
Detached house
rh
Row house
tw
Twin house
(4) 
Special exception criteria specific to adult uses.
[Added 6-16-2022 by Ord. No. 1048; amended 9-21-2023 by Ord. No. 1058]
(a) 
The applicant shall apply for a special exception according to the procedure and standards set forth in § 500-902, Special exception standards and criteria, of this chapter.
(b) 
The property lines of the property proposed to contain the adult use shall be located at least 500 feet from the property lines of a property in Narberth Borough containing a public or private preschool, elementary school, or secondary school; a place of worship; a public park; or a child-care center, child-care facility, or nursery school.
(c) 
No adult use shall be permitted in a building located less than 1,000 feet from the building footprint of another building then used or occupied, in whole or in part, or approved for use and occupancy by Narberth Borough for another adult use.
(d) 
The applicant shall demonstrate that the location of the adult use complies with the distance requirements set forth above.
C. 
Uses permitted by conditional use.
(1) 
Specific criteria for conditional uses in the 3b Mixed Residential Limited and 3c Mixed Residential Open Zoning Districts in civic/institutional use buildings:
[Amended 5-16-2018 by Ord. No. 1005]
(a) 
Conditional uses are permitted only in existing civic/institutional building types as defined and shown on the map titled "Existing Civic/Institutional Building Types" as an appendix to this chapter[1] or in proposed civic/institutional buildings as defined in this chapter.
[1]
Editor's Note: See Ch. 500A, Form-Based Zoning Appendixes.
(b) 
The applicant shall apply for a conditional use according to the standards in this section and the procedure set forth in § 500-804, Conditional uses, of this chapter.
(c) 
In addition to fulfilling the application standards of § 500-804, the applicant shall demonstrate that an application for a building permit, land development, or subdivision shall preserve the civic/institutional building's characteristic architectural features, as determined by Borough Council, by demonstrating the following historic preservation standards:
[1] 
The exact location of work to be done on the site.
[2] 
The exterior changes to be made or the exterior character of the structure to be erected or additions proposed.
[3] 
The effect of the proposed change upon the general historic and architectural nature of the property.
[4] 
The appropriateness of exterior architectural features or structures involved in the proposed work.
[5] 
The general design, arrangement, texture, material, scale, mass, color of any affected building, structure or site, and the relation of such factors to similar features of other structures on the property.
[6] 
In the event that replacement of contributing architectural features is unavoidable, the new material shall, as closely as possible, match the material being replaced in kind. At a minimum, the composition, design, color, texture and other aesthetic qualities shall be sympathetic to and in character with the existing building. In instances where original materials are either unavailable or their use economically infeasible, Borough Council may approve the use of materials that are aesthetically consistent with the historic resource.
[7] 
The preservation of distinctive stylistic features or examples of skilled craftsmanship.
[8] 
Additions or exterior changes, such as exit stairs, shall be located in the third lot layer not along a public frontage to the greatest extent possible, unless, in the opinion of Borough Council, another arrangement better preserves the unique architectural features of the existing structure.
(d) 
As a condition of approval, by conservation easement, facade easement, or community association documentation, requiring Borough Planning Commission review and Borough Council approval for subsequent modification of amendment, or appropriate covenant in a form acceptable to Borough Council, the applicant shall guarantee the permanent protection of the architectural features and/or design integrity of all civic/institutional buildings on the lot, or parts thereof as designated and approved by Borough Council, indicated in the aforementioned map "Existing Civic/Institutional Building Types." The guarantee shall meet the following minimum standards, unless waived by Council:
[1] 
Surface materials shall be maintained or replaced with like materials and assemblies.
[2] 
Window or door openings shall not be altered, other than for maintenance or replacement with like materials and assemblies.
[3] 
There shall be no further additions or structural alterations to the buildings, except for replacement of existing features, such as porches, patios, etc., with like materials and assemblies.
[4] 
To preserve existing pedestrian pathways between building exits and entrances and the sidewalk, there shall be no further alterations to locations of exits or entrances.
[5] 
Utilities located on the exterior of existing buildings, such as heat pumps, central air conditioning units, etc., shall not be relocated except to areas that are equally less visible from any frontage.
[6] 
Landscaping shall be maintained to preserve easy ingress and egress and views of and from the subject buildings.
[7] 
No additional residential units or nonresidential space shall be constructed within existing structures beyond those approved by conditional use.
[8] 
Subsequent modifications or amendments to the document shall require Borough Planning Commission review and Borough Council written approval.
[9] 
All express conditions established by Borough Council for conditional use approval shall be followed.
[10] 
Borough Council shall have the right to enforce the document that establishes the guarantees and be permitted access to the premises at reasonable times for the purpose of examining and inspecting the material and elements of the facades for determining compliance with the document.
[11] 
The document establishing the guarantees shall be binding on the applicant, its successors, assigns, transferees, and all persons thereafter claiming by, under, or through the applicant, and the document shall run with the land.
(e) 
Specific to proposed nonresidential uses in civic institutional buildings.
[1] 
Nonresidential use of the building, including any basement storage areas in conjunction with the nonresidential use, shall comprise not more than 50% of the floor area.
[2] 
Parking spaces required by provisions of this chapter may be located in the front yard setback by conditional use.
[3] 
The provisions related to privileged parking and the issuance of parking permits pursuant to §§ 475-17 through 475-25 shall not apply to buildings converted under this section insofar as occupants utilizing the buildings for nonresidential uses, including employees, personnel, or other such workers. They shall not be entitled to a parking permit or parking sticker that allow such persons on-street parking in the immediate vicinity of the subject property. In order to ensure adequate on-street parking spaces, Borough Council may designate on-street parking permit locations for such persons that are different than the parking zones in the immediate vicinity of the subject property as part of a conditional use approval. Further, occupants utilizing the buildings for residential use shall be limited to one parking permit/parking sticker per residential unit. Borough Council may waive such regulations under this subsection as part of conditional use approval.
[Amended 2-4-2021 by Ord. No. 1028]
(f) 
Specific criteria for conditional use for civic/institutional buildings within 500 feet of Narberth Regional Rail Station, as measured from the Narberth Station inbound transit shelter, and shown on the map entitled "Properties With Existing Civic/Institutional Buildings Within 500 feet of Narberth Regional Rail Station" as an appendix to this chapter:[2]
[Added 11-20-2018 by Ord. No. 1010]
[1] 
Partial demolition of a principal building shall be permitted without losing the classification of a civic/institutional building, provided that at least 40% of the footprint of the building containing the characteristic architectural features remains preserved and the following criteria are fulfilled:
[a] 
The standards of § 500-301C(1)(a) through (c) shall apply.
[b] 
The standards of § 500-301C(1)(d) shall apply only to the portion of the original building which remains preserved under this section.
[c] 
The standards of § 500-301C(1)(e) shall apply if any portion of the building is proposed for nonresidential use, with the added requirements that nonresidential use of the building, including any basement storage areas in conjunction with the nonresidential use, shall comprise not more than 50% of the floor area of the newly constructed building, and that parking spaces may be permitted in the front yard setback only pursuant to § 500-301C(1)(f)[2].
[2] 
Parking spaces may be located in the front yard setback, provided that the trash and recycling receptacles shall be stored within an enclosed principal or accessory building in an area dedicated solely for such purpose, and all parking spaces are screened from neighboring residential properties and the adjacent street by a low wall and/or the planting of vegetation.
[3] 
The number of parking spaces as required by the provisions of § 500-601 and Table (7) may be reduced up to 50%, rounded up to the nearest whole number.
[4] 
Two-way driveways may be permitted, provided that a pedestrian crosswalk is established across the apron of the driveway and adequate sight triangles are maintained.
[5] 
The property shall be exempt from meeting the minimum frontage build-out standards in Table (4), provided that the build-out after construction at the primary frontage line and the secondary frontage line (if on a corner lot) does not reduce or increase the property's original frontage build-out by more than 10%.
[2]
Editor's Note: See Ch. 500A, Form-Based Zoning Appendixes.
(2) 
Specific criteria for conditional uses in the 4a General Urban Limited Zoning District.
(a) 
Conditional uses are permitted only in buildings indicated in the Montgomery County Board of Assessment tax record as having been built in or before 1900 and existing on lots of at least 7,500 square feet; or in buildings indicated in the Montgomery County Board of Assessment tax record as having been built in or before 1920 and existing on lots of at least 10,000 square feet at the time of adoption of this chapter; as shown on the map titled "Conditional Use Eligible Buildings in the 4a General Urban Limited District" as an appendix to this chapter.[3]
[3]
Editor's Note: See Ch. 500A, Form-Based Zoning Appendixes.
(b) 
The applicant shall apply for a conditional use according to the procedure set forth in § 500-804, Conditional uses, of this chapter and the standards and procedures therein as well as the standards of § 500-304G, Conversion of detached house or multifamily house building types to accommodate additional families in 3a, 3b, 3c, 4a Zoning Districts, when applicable, and any applicable performance standards of § 500-304 Performance standards for specific uses.
(c) 
Conditional uses proposed in an existing civic/institutional building type as defined and shown on the map titled "Existing Civic/Institutional Building Types" as an appendix to this chapter[4] shall as a condition of approval comply with § 500-301C(1).
[Amended 5-16-2018 by Ord. No. 1005]
[4]
Editor's Note: See Ch. 500A, Form-Based Zoning Appendixes.
(3) 
Apartment buildings shall be permitted by conditional use in the 3c, 4a, and 4b Districts pursuant to the conditional use procedures and standards established in § 500-804, Conditional uses.
[Added 5-16-2018 by Ord. No. 1005; amended 9-20-2018 by Ord. No. 1008]
(4) 
Apartment buildings and mixed-use buildings that include multiple-family dwellings shall be permitted by conditional use in the 5a District along corner lots on Windsor Avenue pursuant to the conditional use procedures and standards established in § 500-804, Conditional uses, and the additional, following specific criteria:
[Added 9-20-2018 by Ord. No. 1008; amended 2-20-2019 by Ord. No. 1014]
(a) 
Frontages.
[1] 
North Essex Avenue, Forrest Avenue, or North Narberth Avenue shall be considered the principal street, and Windsor Avenue shall be considered the secondary street.
[Amended 2-4-2021 by Ord. No. 1028]
[2] 
The building width facing North Essex Avenue, Forrest Avenue, or North Narberth Avenue shall be a maximum of 100 feet.
[3] 
The building width facing Windsor Avenue shall be a maximum of 100 feet.
[4] 
Garage entrances are not permitted in the front facade.
[Amended 2-4-2021 by Ord. No. 1028]
[5] 
Surface parking lots are not permitted to abut any corner.
(b) 
Building height.
[1] 
Any such building shall be a maximum of 45 feet in height and a maximum of four stories.
[2] 
The fourth story of any such building shall include step backs from the third-story facade on any side of the building that faces a street. The fourth story shall step back one foot for each two feet of height.
[3] 
Any such building with a footprint located in both the 4a and 5a Zoning Districts shall have a maximum building height of 36 feet and maximum of three stories.
(c) 
Setbacks.
[Amended 9-21-2023 by Ord. No. 1059]
[1] 
Any such apartment building shall have a maximum setback of 25 feet along the Windsor Avenue frontage, and a minimum setback of 12 feet and a maximum setback of 25 feet on the North Essex Avenue, Forrest Avenue, or North Narberth Avenue frontage. Setbacks shall be measured from the curbline.
[2] 
Any such mixed-use building that includes multiple-family dwellings shall have a minimum setback of 25 feet along the Windsor Avenue Frontage, and a minimum setback of six feet and a maximum setback of 12 feet on the North Essex Avenue, Forrest Avenue, or North Narberth Avenue frontage. Setbacks shall be measured from the curbline.
(d) 
First floor uses for apartment buildings.
[1] 
Any such apartment building shall be allowed to incorporate retail and light industry or office and professional service uses in any portion of the ground floor frontage along North Essex Avenue, Forrest Avenue or North Narberth Avenue. The permitted first floor retail and light industry or office and professional service uses shall be limited to those uses that would otherwise be permitted for in the first floor of a mixed-use building in the same location.
[2] 
Any first floor frontage used for retail and light industry or office and professional service uses shall follow the frontage requirements of § 500-503D(6), Shopfront, and follow the facade design requirements of § 500-502H3, 4, 5 and 7, Mixed-use building.
(e) 
Multiple principal buildings.
[1] 
Section 500-401C shall not apply to any developments under this subsection. Multiple principal buildings shall not be permitted on a lot.
(5) 
Multiple principal buildings shall be permitted by conditional use on lots in the 3a, 3b, and 3c District that are also in the H District upon which a contributing resource is located. Specific criteria for multiple principal buildings as a conditional use:
(a) 
The applicant for conditional use shall demonstrate that implementing the proposed use shall:
[1] 
Maintain, protect, and preserve the historic resource on the property.
[2] 
Retain and preserve the appearance and character of the historic resource according to any historic design guidelines adopted by the Borough.
[3] 
Not have any detrimental effects on neighboring properties and shall not alter the essential character of the neighborhood or district in which it is located.
[4] 
Be in accordance with the most recently adopted comprehensive plan.
[5] 
Meet the criteria in § 500-401D.
(6) 
Apartment buildings shall be permitted by conditional use on lots in the 5b District that are also in the H District and upon which a contributing resource is located pursuant to the following terms and conditions:
[Added 7-20-2023 by Ord. No. 1056]
(a) 
Apartment buildings with a maximum height of four stories shall be permitted as a principal building on the same lot as a contributing resource or as a principal building on a lot that is subdivided from the lot where a contributing resource is located.
(b) 
A contributing resource may not be converted to an apartment building use.
(c) 
The applicant for the conditional use shall demonstrate that implementing the proposed use shall:
[1] 
Maintain, protect, and preserve the contributing resource on the property.
[2] 
Retain and preserve the appearance and character of the contributing resource according to applicable historic design guidelines adopted by the Borough.
[3] 
Not have any detrimental effects on neighboring properties and shall not alter the essential character of the neighborhood or district in which it is located.
[4] 
Be in accordance with the most recently adopted Comprehensive Plan.
[5] 
Meet the criteria established for conditional uses under § 500-804A(4), Standards of approval, including all required green building bonus criteria and requirements of § 500-804A(4)(j).
[6] 
For buildings including six or more units, include a minimum of 10% of the residential units on the lot to be 550 square feet or smaller, calculated by multiplying the total number of residential units by 10%. If the product of this calculation is not a whole number, the applicant shall round this number up to the nearest whole number.
[Amended 9-21-2023 by Ord. No. 1059]
[7] 
Incorporate building massing on any side of the building that is adjacent to a street or a residential property such that any portion of the building above 35 feet shall be stepped back one foot for each two feet of total building height above 35 feet.
[8] 
In the case of multiple primary buildings on a lot, meet the following criteria in lieu of the criteria established under § 500-401C.
[a] 
The property shall be developed in accordance with a master plan that is to be filed with the Borough for approval.
[b] 
Any land area proposed for development through a master plan shall be under single ownership and shall be within the same zoning district.
[c] 
An application for a master plan shall contain all requirements for a tentative sketch plan set forth under Chapter 450, Subdivision and Land Development, and shall have the following additional requirements:
[i] 
The master plan shall indicate lot layers and building elevations for each principal building sufficient to evaluate conformity with site planning, building type, and frontage provisions of this Code.
[ii] 
When a master plan is submitted showing multiple principal buildings to be constructed in phases under the master plan, exterior architectural renderings, elevations, and exterior building material descriptions of the structure(s) to be constructed pursuant to a master plan shall only be required to be submitted with a preliminary plan when such structure(s) will be approved concurrently with the preliminary plan submitted.
[d] 
All principal buildings shall be a building type allowable within the applicable zoning district and shall meet all frontage requirements for the applicable building type and district.
[e] 
All principal buildings shall have a front facade along the primary frontage line facing a street, except as provided below.
[f] 
For buildings that front a street:
[i] 
Lot layers, building heights and required setbacks shall be calculated independently for each principal building, based on the site planning and building height requirements identified in Table (4) and Table (5), or as noted elsewhere in this chapter, for each building, and shall be shown on the master plan.
[ii] 
The sum of the building frontage lengths shall be calculated for each street and shall demonstrate compliance with the minimum and maximum frontage buildout standards articulated in Table (4), Site Planning, for buildings within the applicable district or as noted elsewhere in this chapter, for each building, and shall be shown on the master plan.
[g] 
For a lot containing a contributing resource with more than one existing street frontage that is not a corner lot, such as a through-block lot, the following shall apply to the construction of a principal buildings on such lot:
[i] 
The primary frontage shall face the street that the existing principal building on the property faced prior to land development or subdivision. This street shall remain the principal street. The other street shall be considered the secondary street/frontage.
[ii] 
The applicable front setback requirement shall be met for the principal street and the secondary street, unless the applicant shall establish during the conditional use hearing, through the land development plan application process, or through the building permit process, as applicable, a different minimum setback from the secondary street that best allows the new development to fit in with surrounding conditions.
[h] 
coverage and impervious surface coverage shall be calculated for the entire site, including any preexisting features to remain.
[i] 
parking shall be provided in accordance with § 500-601, Parking. Total parking requirements shall be aggregated among all principal buildings and uses and shall be located on the lot so that parking is accessible to all building users. Shared parking ratios may be applied where permitted.
[j] 
pedestrian connections must be made between all buildings on the lot and any streets onto which the property fronts.
(7) 
Mixed-use buildings with a maximum height of 36 feet and three stories shall be permitted by conditional use on lots in the 5a District. The applicant for conditional use shall demonstrate that implementing the proposed use shall:
[Added 7-20-2023 by Ord. No. 1056; amended 9-21-2023 by Ord. No. 1059]
(a) 
Meet the criteria established for conditional uses under § 500-804A(4), Standards of approval, including all required green building bonus criteria and requirements of § 500-804A(4)(j).
(b) 
For buildings including six or more units, include a minimum of 10% of residential units on the lot that are 550 square feet or smaller, calculated by multiplying the total number of residential units by 10%. If the product of this calculation is not a whole number, the applicant shall round this number up to the nearest whole number.
D. 
Table of Conditional Uses.
[Amended 5-16-2018 by Ord. No. 1005; 9-20-2018 by Ord. No. 1008; 11-20-2018 by Ord. No. 1010; 6-16-2022 by Ord. No. 1048; 7-20-2023 by Ord. No. 1056]
Table (3)
Conditional Uses
Use Type
3a
3b
3c
4a
4b
5a
5b
RESIDENTIAL USES
Residential
One-family dwelling
ci
ci
ci
Two-family dwelling
ci
ci
ci
Multiple-family dwelling
ci
ab, ci
ab, ci
ab
ab,1 mu1,4
ab3
NONRESIDENTIAL USES
Office and Professional Service
General office
Professional office
ci
ci
any
Medical office
any2
Financial institution
Funeral home
any2
Retail and Light Industry
Store
any2
Retail bank
Restaurant
Manufacturing
Personal service
any2
Temporary market
ci
ci
any
Studio
ci
ci
any
Entertainment venue
Small restaurant
any2
Dry cleaner
cm, mu
Personal care
any2
Other
Bed-and-breakfast
ci
ci
any
No-impact home-based business
Automotive
Fueling station
Automobile uses
Civic
Parks and open space
Library
Institutional
School
ci
ci
ci
Child-care center
ci
ci
any
Group child-care home
ci
ci
any
Family child-care home
Museum or gallery
ci
ci
any
Community service
ci
ci
any
Religious
ci
ci
ci
ci
Building Types:
any
Any building type
ab
Apartment building
ci
Civic institutional
cm
Commercial
mh
Multifamily house
mu
Mixed-use
dh
Detached house
rh
Row house
tw
Twin house
NOTES:
1
Permitted by conditional use pursuant to the provisions of § 500-301C(4).
2
Permitted in any building types except civic institutional building types.
3
An apartment building with a height of four stories is permitted by conditional use pursuant to the provisions of § 500-301C(6).
4
A maximum height of 36 feet and three stories is permitted by conditional use pursuant to the provisions of § 500-301C(7).
A. 
Any principal building(s) on a lot located in more than one zoning district may be used for by-right uses stated in Table (1), By-Right Uses, according to the zoning district in which the building is entirely located.
B. 
Any principal buildings(s) located in more than one zoning district may be used for by-right uses stated in Table (1), By-Right Uses, according to the zoning districts in which the building is located when authorized by special exception according to the following standards and § 500-902, Special exception standards and criteria.
C. 
Special exception criteria specific to buildings located in more than one zoning district.
(1) 
For buildings whose footprint is located in more than one zoning district, the more restrictive of the districts' setbacks found in Table (4), Site Planning, shall apply to all lot lines to the building in more than one zoning district.
(2) 
Uses authorized in any zoning district in which any portion of the building is located are authorized anywhere in the building, provided that the main entrance to the building accessing those uses is located in the district in which they are authorized.
A. 
Continuation of lawful use. The lawful principal use of a building or one authorized by permit issued prior to the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
B. 
Abandonment. When a use is abandoned for a continuous period of 12 months, any subsequent use shall be in conformity with the provisions of this chapter.
C. 
Change or expansion of nonconforming use. A nonconforming use may be expanded or changed to another nonconforming use of the same use type shown in Table (1), By-Right Uses, when authorized as a special exception subject to the following limitations and the standards and procedure of § 500-902, Special exception standards and criteria:
(1) 
Any such expansion or extension shall be limited to the lot on which the use is located, as that lot was defined when the use became nonconforming.
(2) 
The total of all increases in the area devoted to the use shall not exceed 25% of the area devoted to the use on November 11, 1996, or on the date the use became nonconforming, whichever is later. The term "area devoted to use" means the total of the floor area and, for any portions of the use not conducted in a building, the lot area actually utilized in connection with the nonconforming use.
D. 
Reconstruction. A nonconforming building that is destroyed by accidental cause may be rebuilt and used for the same nonconforming use, provided that the following conditions are met:
(1) 
The reconstruction of the building is commenced within one year from the date the building was destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and shall be carried through to completion without undue delay.
(2) 
The reconstructed building does not exceed in height and area the building destroyed.
A. 
Religious and school uses.
(1) 
The minimum lot area shall be 18,000 square feet.
(2) 
Driveways shall be located no closer than 20 feet to a property line.
(3) 
Parking spaces shall be set back no less than 20 feet from any property line.
[Amended 2-4-2021 by Ord. No. 1028]
B. 
Child-care centers, group child-care homes, and family day-care homes uses.
(1) 
Operators shall hold a currently valid registration certificate with the Pennsylvania Department of Welfare as a condition of approval and continued operation.
(2) 
Outdoor play areas, in the amount required by state law, shall be provided in the side or rear yard areas on-site.
(3) 
Any alteration to an existing residential structure shall comply with the standards of this chapter.
(4) 
For child-care centers, a dropoff area shall be provided either off-street or on a road frontage of the lot. When an on-street dropoff area is used, it shall be no less than 40 feet in length and shall be designated as a temporary loading zone during the times when the day-care facility is receiving and dismissing children.
C. 
Fueling station and automobile uses.
[Amended 6-16-2022 by Ord. No. 1048]
(1) 
Repair of automobiles shall be performed within a building.
(2) 
All automobile parts, dismantled vehicles and similar articles are to be stored within a building.
(3) 
All automobile uses shall be located on a lot with at least one frontage on Montgomery Avenue.
(4) 
This use shall not share a building with a residential, office, or institutional use.
D. 
Bed-and-breakfast.
(1) 
No more than five guest rooms are permitted on a lot.
(2) 
Meals shall be limited to breakfast and lunch and served on-site only to guests.
(3) 
An owner or manager shall reside on the property.
(4) 
No guest may remain longer than 30 days in one calendar year.
[Amended 5-16-2018 by Ord. No. 1005]
E. 
Manufacturing.
(1) 
The minimum lot width shall be 50 feet.
(2) 
The minimum lot area shall be 6,000 square feet.
(3) 
Air pollution controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. §§ 4001 through 4015, as amended, and the following standards:
(a) 
Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour, or equal to or greater than 30% at any time, and shall comply with PA Code Title 25, Chapter 127.A(7), or its most recent update.
(b) 
Emission of smoke, dust, dirt, fly ash or other particulate matter, or of noxious, toxic or corrosive fumes, vapors or gases in such quantities as to be evident or perceptible at the property line of any lot on which a use is conducted, or which could be injurious to human health, animals, or vegetation; detrimental to the enjoyment of adjoining or nearby properties; or which could soil or stain persons or property, at any point beyond the lot line of the use creating that emission, shall be prohibited.
(c) 
No emission of particular matter shall exceed 0.0115 grams per dry standard cubic foot, corrected to 7% oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices, and shall comply with PA Code Title 25, Chapter 127.A(1), or its most recent update.
(d) 
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
(e) 
All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C.A. § 7412) as promulgated in 40 CFR Part 61, or its most recent update.
(4) 
Noise control.
(a) 
Objectionable noises, due to intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.
(b) 
At no point on the lot boundary of use shall the sound pressure level of any operation exceed the described levels in the designated octave bands shown below, except for alarm systems designed to protect persons or property.
Octave Band Center
Frequency
Maximum Permitted Octave Band Sound Pressure Level
decibels, dbA scale
Along Boundaries with Residential Districts or Uses
Along All Other Boundaries
(Hertz)
Between 7:30 a.m. and 8:00 p.m.
Between 8:00 p.m. and 7:30 a.m.
31.5
75
69
80
63
74
67
79
125
69
62
74
250
64
54
69
500
58
47
63
1,000
52
41
57
2,000
47
36
52
4,000
43
32
48
8,000
40
32
45
(c) 
Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute, ANSI S1.2-1962 American Standard Meter for the Physical Measurements of Sound.
(5) 
Control of odors.
(a) 
No person, land use, or establishment shall cause, suffer, or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable beyond the property line, either at ground level or habitable elevation.
(b) 
Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor-reduction equipment shall be provided and maintained to support primary odor-reduction equipment.
(c) 
The location and vertical height of all exhaust fans, vents, chimneys, or any other sources discharging or emitting smoke, fumes, gases, vapors, odors, scents, or aromas shall be shown on the plan, with a description of the source materials.
(6) 
Heat and glare control.
(a) 
Any use producing heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
(b) 
No person, land use, or establishment shall be permitted to produce glare, or reflection of that light, beyond its lot lines onto neighboring properties, or onto any street.
(7) 
Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.
(8) 
Control of radioactive, magnetic or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical or magnetic disturbance (except from domestic household appliances) adversely affecting any use, process, equipment, appliance, or device located beyond the property boundary of the creator of such disturbance. All uses are obliged to comply with all federal and state regulations.
F. 
No-impact home-based businesses.
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
(5) 
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.
(6) 
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.
(7) 
The business activity shall be conducted within the principal or accessory building and may not occupy more than 25% of the habitable floor area of the principal building.
(8) 
The business may not involve any illegal activity.
G. 
Conversion of detached house or multifamily house building types to accommodate additional families in 3a, 3b, 3c, 4a Zoning Districts. The applicant shall apply for a special exception according to the procedure and standards of § 500-902, Special exception standards and criteria, of this chapter as well as the following standards:
(1) 
Site plan standards of § 500-401, Site plan standards, shall apply.
(2) 
Off-street parking requirements of § 500-601, Parking, shall be satisfied.
(3) 
Only one entrance shall be permitted in the front facade. Such entrance may be shared amongst families in the structure. Any additional entrance must be constructed to the side or rear of the building.
(4) 
Fire escapes shall be constructed in the third lot layer and located, where practicable, to the rear of the building.
(5) 
When exterior alterations or additions are proposed as part of the conversion; the standards of § 500-501E, Specific to additions to detached house and multifamily house building types in 3a, 3b, 3c, 4a Zoning Districts, shall be satisfied.
H. 
Temporary markets.
(1) 
No more than one temporary market shall be permitted on a lot at any given time.
(2) 
Temporary markets may be located within a principal or accessory building or in parking spaces on the lot.
[Amended 2-4-2021 by Ord. No. 1028]
(3) 
Sales shall only be permitted between the hours of 9:00 a.m. and 7:00 p.m.
(4) 
All structures erected for the market shall be temporary in nature and shall be removed upon the close of business each day. All temporary structures shall not be located in setback areas of principal buildings in the zoning district in which the market is located.
(5) 
Temporary markets shall be open no more than one day during each consecutive seven-day period.
(6) 
Only yard and sidewalk signs are permitted according to the standards of § 500-605, Signs, and only during hours that the market is open for business and only on the lot.
I. 
Dry cleaner.
[Added 11-20-2018 by Ord. No. 1010]
(1) 
Material Safety Data Sheets (MSDS) for all chemical cleaning agents used on the premises, together with all equipment specification sheets, must be provided to and approved by the Fire Marshal.