A.
In expansion of the declaration of legislative intent and statement of community development objectives contained in Article I of this chapter, the specific intent of this article is to establish clear standards for activities that may be associated with a variety of zoning districts or types of land use and to cross-reference provisions in the Pennsburg Borough Subdivision and Land Development Ordinance[1] that regulate activities in one or more zoning districts.
B.
Except where noted in this article, these provisions apply to all
zoning districts within the Borough. However, if a conflict occurs
between the standards of the general regulations and any other standards
of the Zoning Ordinance, then the more-restrictive standards shall
apply. Subdivision and/or land development proposals are further regulated
by the Pennsburg Borough Subdivision and Land Development Ordinance.
For a lot which is of public record in single and separate ownership at the time of enactment of this chapter and which is not of sufficient size or dimensions to permit the erection of a building thereon in accordance with the requirements of this chapter (provided the Zoning Hearing Board finds the necessary additional ground is not available because of the settled condition of the neighborhood or because of the inability of the owner to acquire additional ground upon fair terms), the Zoning Hearing Board may grant a variance for the use of such parcel of ground, in accordance with the provisions Article XVIII of this chapter.
A lot which does not conform to the minimum and/or maximum regulations
of the district in which it is located and which is included in a
recorded plan of lots previously approved under the provisions of
the Pennsburg Borough Subdivision Ordinance shall not be used unless:
No lot shall be so reduced that the area of the lot or the dimensions
of the required open space shall be less than herein prescribed.
Where an unimproved lot of record is situated on the same street
frontage with two improved lots or one unimproved lot and one improved
lot, the front yard requirement for the district shall be modified
so that the front yard shall be an average of the existing abutting
front yards and the required front yard.
No building and no part of a building shall be erected within
or shall project into any required yard in any district, except that:
A.
A roofed porch or deck, not more than 14 feet in height, may be erected
to extend into a required yard a distance of not more than 10 feet,
provided that in no case shall it extend into such yard more than
50% of the required depth or width of the yard.
B.
A terrace, platform, patio, deck or landing place, 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 in no case
shall it extend into such yard more than 50% 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:
D.
A buttress, chimney, cornice, pier, or pilaster of a building may
project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows, and balconies
may project no more than three feet into a required yard.
The following dimensional standards shall apply in all districts
for the types of uses, structures, facilities, and/or boundaries specified:
A.
No farm building or other structure for the keeping or raising of
livestock or poultry, for storing of farm or other products regardless
of kind, or for storing of farm or other machinery shall be erected
closer than 100 feet to any public or private right-of-way, well,
or dwelling, regardless of type, on or off the subject property, or
to any property line or lot line.
B.
Unless specified otherwise, the following maximum height limitations
shall apply:
(1)
For any dwelling: 35 feet.
(2)
For any building accessory to a dwelling: 14 feet.
(3)
For barns, silos, or other major agricultural buildings: 60
feet.
(4)
For any other nonresidential building or structure: 40 feet, except that such height may be increased by the Borough Council as a conditional use, in compliance with § 110-328 of this chapter, to a maximum of 60 feet for unoccupied structures such as water towers, antennas, chimneys, and steeples, provided that the front, side and rear yard setbacks of the structure are increased by two feet for every one foot of structure height over 40 feet.
C.
Buildings or structures accessory to dwellings shall comply with
the following setback standards:
[Amended 11-19-2019 by Ord. No. 5-2019]
Unless otherwise specified in this chapter, each and every lot
shall abut a public street for at least 25 feet at the right-of-way
line of the public street; and said 25 feet must be usable for purposes
of ingress and egress to the lot. Preexisting landlocked parcels may
be developed with one single-family detached house provided with a
twenty-five-foot-wide easement of access, and provided that the usable
portion of the lot otherwise complies with the lot size and dimensional
requirements of the district in which it is located.
An existing lot for which access to a public road does not comply with this chapter may be developed with a use permitted in the district in which it is located only when authorized by a variance from the Zoning Hearing Board, in accordance with Article XVIII of this chapter: In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be included. All buildings and other structures to be located on such lots shall not be closer than 15 feet to surrounding lot lines. The strip of ground connecting the lot with the public road shall be used as an access strip to only the particular lot in question. The Zoning Hearing Board shall consider the suitability of the strip of ground which connects the lot with the public road for use as an access driveway and may impose such other conditions as may be required.
A front yard setback shall be measured from the ultimate right-of-way
for each lot line abutting a public or private right-of-way. The lot
lines intersecting ultimate rights-of-way shall be treated as side
lot lines. All other lot lines shall be considered rear lot lines.
A.
No fence or wall over six feet in height, except a retaining wall or a wall of a building permitted under the terms of this chapter, shall be erected within any of the open spaces required by this chapter unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least 2:1. The Zoning Hearing Board may authorize by special exception the erection of walls or fences of greater height in such cases as may be necessary to provide adequate protection, shielding, or screening of open storage or equipment areas, and refuse collection areas, in accordance with Article XVIII of this chapter.
B.
No fence or wall over 2 1/2 feet in height shall be constructed
within the following clear sight triangles of street intersections
or driveway intersections with streets. Where differing classifications
of streets intersect, the higher classification of street shall determine
the dimension used.
On any comer lot, no physical improvement or planting area shall
be erected, altered, or maintained within the required yards which
shall cause obstruction to driver vision from the abutting intersection.
The following accessory uses shall be permitted, subject to
the additional requirements herein:
A.
Uses accessory to agriculture: greenhouses, roadside stand for sale
of products produced on the premises, barn, preparation of products
produced on the premises for use and the disposal thereof by marketing
or otherwise.
B.
Uses accessory to dwellings:
(1)
Private garage, private parking space, private stable, barn,
shelter for pets, garden or tool shed.
(2)
Noncommercial swimming pool or other recreational facilities.
(3)
Private greenhouse.
(4)
Home occupations shall be subject to the following regulations:
[Amended 6-5-2006 by Ord. No. 1-06; 11-19-2019 by Ord. No. 5-2019]
(a)
Home occupations, consistent herewith,
shall be permitted in all zoning districts; provided, however, that
limited-impact home occupations shall only be permitted as a conditional
use.
(b)
The following types of conduct would
be considered evidence of a home occupation within the Borough:
[1]
Use of any sign, circular, card,
brochure, telephone book, magazine, newspaper, website, or any electronic
media or other publication to advertise;
[2]
Any other means representing that
the person is in business in the Borough; or
[3]
Holding an active license or permit
issued by a governmental agency indicating that the person is in business
in the Borough.
(c)
A no-impact home occupation must
satisfy the following requirements:
[1]
The business or commercial activity
shall be compatible with the residential use of the property and surrounding
residential uses.
[2]
The exterior appearance of the structure
or premises must be maintained as a residential property. There shall
be no display or sale of retail goods, and no stockpiling or inventory
of a substantial nature.
[3]
The principal practitioner of the
home occupation must be a resident of the dwelling unit. No more than
one person not residing in the dwelling shall be employed at any given
time by the practitioner of the home occupation.
[4]
No retail sales shall be conducted,
with the exception of telephone and/or internet solicitations of those
products or items deemed accessory to or directly associated with
the home occupation.
[5]
Noise, dust, smoke, heat, radiation,
hazardous substances, vibration, glare, fumes, odor, or electrical
or electronic interference, including to Wi-Fi, radio or television
reception, that is detectable in the neighborhood shall be prohibited.
[6]
The business or commercial activity
may not generate any solid waste or sewage discharge in volume or
type which is not normally associated with a residential use.
[7]
The business or commercial activity
shall only be conducted within the principal dwelling unit, and may
not occupy more than 25% of the habitable floor area of the dwelling
unit or 500 square feet, whichever is less.
[8]
The business or commercial activity
may not involve any illegal activity and shall not constitute a prohibited
home occupation.
[9]
The business or commercial activity
shall not require the delivery of materials and goods by a truck larger
than standard panel trucks equipped with no more than one rear axle;
and customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, shall
not be in excess of those normally associated with a residential use.
[10]
Manufacturing, repairing,
or other mechanical work shall only be performed indoors.
[11]
There shall be no more
than one home occupation per dwelling unit.
[12]
The dwelling unit in
which a home occupation is conducted shall have its own direct access
to ground level.
(d)
All home occupations shall require
a permit pursuant to the following:
[1]
No home occupation shall be established
or maintained unless a permit is obtained from the Zoning Officer.
[2]
The applicant for a permit shall
be responsible for supplying such information as deemed necessary
by the Zoning Officer to make a determination as to the classification
of the home occupation; however, an application for a permit shall,
at minimum, include the name, location, exact nature or kind of business
for which the permit is being requested, and a copy of fictitious
name registration or certificate of incorporation/organization as
applicable. Based on the information provided consistent herewith,
the Zoning Officer shall determine whether a proposed home occupation
is a no-impact, limited-impact, or prohibited home occupation. Upon
determining that the proposed use is a no-impact home occupation,
the Zoning Officer shall issue a zoning permit. Where the Zoning Officer
determines that the proposed use is a limited-impact home occupation,
conditional use approval from Borough Council will be required, and
following any such approval the Zoning Officer shall then issue a
zoning permit.
[3]
The fee for obtaining a permit shall
be established by resolution of Borough Council from time to time.
[4]
The Zoning Officer may make rules
and regulations consistent with the provisions of this subsection
and shall revoke any home occupation permit for noncompliance with
this subsection and any rules and regulations.
[5]
A zoning permit for any home occupation
shall be nontransferable to another property or to another type of
home occupation. The permit is only valid for the use and on the property
for which it is issued. In the event that a property with an existing
home occupation is sold, leased, or rented to someone other than the
original permit holder, the new owner, lessee, or renter shall be
required to obtain a new home occupation permit and demonstrate full
compliance with the requirements of this subsection and any other
applicable regulations.
[6]
The Zoning Officer may inspect the
home after sufficient notice is provided to the applicant or permit
holder to ensure compliance with this subsection and all applicable
regulations.
C.
Uses accessory to noncommercial recreational uses: customary recreation,
refreshment and service uses and buildings in any noncommercial recreational
area.
D.
Other accessory uses. Accessory uses other than those listed in this
section may be permitted in compliance with the requirements for principal
uses in the district in which they are located and to which they are
accessory.[1]
[1]
Editor's Note: Former Subsection E, regarding accessory buildings
subject to Borough Council approval, which immediately followed, was
repealed 11-19-2019 by Ord. No. 5-2019.
No structure or premises shall be used for the provision of
child day care except in accordance with the provisions of this section.
B.
A family day-care home or group day-care home shall be a permitted
use in any zoning district, provided a copy of the certificate of
compliance issued by the Department of Public Welfare shall be provided
to the Borough Zoning Officer prior to the initiation of the day-care
use.
C.
A day-care center shall be permitted in any zoning district by special exception by the Zoning Hearing Board, in accordance with Article XVIII of this chapter. A copy of the certificate of compliance issued by the Department of Public Welfare shall be provided as a part of the special exception application.
D.
Child day-care facilities shall meet all other applicable regulations
of this chapter.
Bed-and-breakfast accommodations may be operated as home occupations
in single-family detached, owner-occupied buildings, subject to the
following regulations:
A.
Bed-and-breakfast accommodations are permitted by special exception from the Zoning Hearing Board, in accordance with Article XVIII of this chapter.
B.
A bed-and-breakfast enterprise shall have no more than five guest
bedrooms, accommodating no more than 10 guests at any one time; no
paying guest shall remain on any one visit for more than 30 days.
C.
One off-street parking space for each guest bedroom shall be provided
in a side or rear yard, in addition to any other required parking.
D.
Meal service is limited to one daily meal per paying overnight guest.
Owners shall comply with all federal, state, and local requirements
for the preparation, handling, and serving of food.
E.
The owner shall maintain a current guest register.
F.
Bed-and-breakfast accommodations may not sell alcoholic beverages.
G.
Each bed-and-breakfast facility shall be equipped with smoke detectors
and fire extinguishers in accordance with the requirements of the
Pennsylvania Department of Labor and Industry and with the Borough
Fire Code. Guests shall be provided with information regarding the
floor plan of the building and the location of emergency exits.
H.
All bed-and-breakfast accommodations shall be connected to public
water and public sewer systems.
I.
A bed-and-breakfast use shall not be permitted on a lot with an area
less than 10,000 square feet.
Kennels are subject to the following provisions:
A.
A minimum lot size of 25,000 square feet shall be provided.
B.
No animal shelter or run shall be permitted within 40 feet of any
property line or 80 feet of any dwelling.
C.
A total screen buffer shall be provided along property boundaries
with residential uses, to control noise and odor.
D.
The total number of dogs shall not exceed 10 per acre, excluding
dogs under six months old.
The Zoning Hearing Board may grant a special exception for the conversion of any existing single-family detached dwelling or its accessory structures into no more than two additional dwelling units, subject to the provisions of Article XVIII of this chapter and the following restrictions:
A.
Minimum unit size. The size of each existing or newly created dwelling
unit shall be a minimum of 400 square feet plus 100 square feet for
each bedroom. For example:
|
Number of Bedrooms in Unit
|
Minimum Square Footage Required Per Unit
(square feet)
| |
|---|---|---|
|
0 (efficiency)
|
400
| |
|
1
|
500
| |
|
2
|
600
|
B.
Number of units permitted.
(1)
Minimum lot size. In order to qualify for residential conversion,
the existing dwelling unit must be located on a parcel that meets
the minimum lot size requirement for a single-family dwelling in the
zoning district where the dwelling is located.
(2)
Total units. Regardless of the size or number of existing dwelling
units, the total number of dwelling units on any one parcel after
conversion shall not exceed three.
(3)
Restriction from development. Within 30 days of having obtained
a use and occupancy permit for any conversion unit(s), the applicant
shall record with the Montgomery County Recorder of Deeds the deed
restrictions, easements, or private covenants which shall be acceptable
to the Borough Solicitor for the purpose of permanently restricting
from further subdivision or land development the land area required
by this section.
C.
Location. Conversion of an existing single-family detached dwelling
shall be a permitted use in any zoning district.
D.
General standards.
(1)
There shall be no external alteration of the building except
as may be necessary for reasons of safety or improved design for otherwise
permitted units. Any alterations shall reflect the architectural character
of the existing building. Fire escapes and outside stairways shall,
where practicable, be located to the rear of the building.
(2)
Each dwelling unit shall have two direct means of access to
the outdoors or to a hall which directly accesses the outdoors.
(3)
All residential conversions shall comply with the off-street parking requirements of Article XIV of this chapter. All dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit.
(4)
All dwelling units shall be provided with smoke detectors and
fire extinguishers. A dwelling unit located at or above the second
story of a converted structure must have a fire escape.
(5)
If on-site sewage systems are to be used, the applicant must
submit evidence to the Zoning Hearing Board showing that the total
number of occupants in the converted dwelling units will not exceed
the capacities of the existing sewage systems. The Sewage Enforcement
Officer shall review and approve any proposed expansion or addition
of systems.
The following standards and criteria shall govern adult uses
as defined and permitted in this chapter:
A.
Adult uses are permitted only in the SC Shopping Center and LI Limited
Industrial Districts.
B.
No adult use shall be permitted to be located within 100 feet of
an existing residence, residential district, church, school or school
property line, playground, park, or any other adult use.
C.
No adult use shall be considered to be a permissible change of use, in conformance with Article XVI, Nonconforming Structures, Uses and Lots, unless the subject property is located in a district where adult uses are permitted and can be shown to comply with the regulations, standards, and criteria of this section.
D.
Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities, or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in compliance with the sign requirements of Article XV of this chapter.
E.
If any portion of a use meets the definition of "adult use," then
that portion must comply with the requirements of this section.
A.
General standards.
(1)
No advertising shall be affixed to any part of an antenna, satellite
dish, or supporting structure.
(2)
Installation shall require a use and occupancy permit.
(3)
All applications must include certification by a registered
engineer that the proposed installation complies with all applicable
BOCA Code standards, including load distributions within the building
support structure for roof-mounted installations.
(4)
All installations shall be located to prevent obstruction of
the antenna or satellite dish reception window from potential permitted
development on adjoining properties.
(5)
No antenna shall be located within the minimum front yard setback
area or minimum setback area of any yard abutting a street.
B.
Ground-mounted antennas and satellite dish antennas. The accessory
use of ground-mounted antennas and satellite dish antennas (excluding
cellular communications antennas) shall meet the standards and criteria
for the following zoning districts:
(1)
General standards. In any zoning district, a permanent, extendable,
retractable, or telescoping ground-mounted tower, mast, or support,
and accompanying antenna, that is accessory to a permitted or special
use, may be erected to a maximum height of 65 feet above mean ground
level as measured at the base of the structure, provided said antenna(s)
may only be located in a side or rear yard. The antenna tower must
be set back from all applicable minimum side and rear yard setbacks
one foot for every one foot of antenna height. For example, a forty-foot
antenna must be set back 40 feet from the setback line. All installations
must comply with all other accessory use yard, height, bulk, and setback
requirements specified within the district.
(2)
All nonresidential districts. In all nonresidential districts,
ground-mounted satellite dish antennas may be erected to a maximum
height of 15 feet above mean ground level as measured from the base
of the structure. If the subject parcel abuts a residential district,
all such antennas shall be placed a minimum of 20 feet from any lot
line and effectively screened from any adjoining residential property.
(3)
All residential districts. In a residential district, one accessory
ground-mounted satellite dish antenna may be erected to a maximum
height of 12 feet above mean ground level as measured at the base
of the structure, and provided the following criteria are met:
(a)
The satellite dish antenna shall be neutral in color and, to
the greatest extent possible, be compatible with the character and
appearance of the surrounding neighborhood.
(b)
All installations must include screening treatments located
along the antenna's nonreception window axes and low-level ornamental
landscape treatments along the reception window axes of the antenna's
base. Such treatments should completely enclose the antenna(s).
C.
Roof-mounted antennas and satellite dish antennas. The accessory
use of roof-mounted antennas and satellite dish antennas (excluding
cellular communications antennas) shall meet the following standards
and criteria:
(1)
All residential districts: antennas. In any residential district,
roof-mounted accessory antennas (except satellite dish antennas) may
be erected on the roof of the principal or accessory building to maximum
height of 20 feet above the maximum height of the building on which
they are located. Satellite dish antennas up to two feet in diameter
may also be erected.
(2)
All residential districts: satellite dish antennas. In any residential district, roof-mounted satellite dish antennas more than two feet in diameter may be erected when granted by the Zoning Hearing Board as a special exception, in compliance with the provisions of Article XVIII of this chapter and the following criteria:
(a)
Demonstration by the applicant that compliance with the applicable
yard, setback, and height restrictions would result in the obstruction
of the antenna's reception window; furthermore, such obstruction involves
factors beyond the applicant's control.
(b)
The height of the proposed installation does not exceed the
maximum height restriction imposed upon primary and accessory uses
within the district.
(c)
Only one satellite dish antenna shall be permitted per lot.
(d)
Satellite dish antennas shall not exceed 12 feet in diameter.
(e)
Satellite dish antennas shall be neutral in color and, to the
greatest extent possible, be compatible with the appearance and character
of the neighborhood.
(3)
All nonresidential districts. In all nonresidential zoning districts,
roof-mounted accessory antennas of any type may be erected on the
roof of the principal or accessory building to a maximum height of
35 feet above maximum height of the building on which they are located,
provided the following criteria are met:
(a)
Satellite dish antennas and microwave relay antennas shall not
be visible between ground level and 10 feet above ground level from
any street adjoining the lot.
(b)
Satellite dish antennas shall not exceed 12 feet in diameter.
Microwave relay antennas shall not exceed four feet in diameter.
(c)
Satellite dish antennas, microwave relay antennas, and their
accompanying support structures shall be neutral in color and, to
the greatest extent possible, be compatible with the appearance and
character of the neighborhood.
D.
Regulations for all cellular communications antennas. In recognition
of the quasi-public nature of cellular communications systems, the
following regulations shall apply:
(1)
Purposes.
(a)
To accommodate the need for cellular communications antennae
while regulating their location and number in the municipality.
(b)
To minimize adverse visual effects of cellular communications
antennas and antenna support structures through proper design, siting,
and vegetative screening.
(c)
To avoid potential damage to adjacent properties from antenna
support structure failure and falling ice, through engineering and
proper siting of antenna support structures.
(d)
To encourage the joint use of any new antenna support structures,
to reduce the number of such structures needed in the future.
(2)
Use regulations.
(a)
A cell site with antenna that is attached to an existing communications
tower, smokestack, water tower, or other tall structure is permitted
by right in all zoning districts. The height of the antenna shall
not exceed the height of the existing structure by more than 15 feet.
If the antenna is to be mounted on an existing structure, a full site
plan shall not be required.
(b)
A cell site with antenna that is either not mounted on an existing
structure or is more than 15 feet higher than the structure on which
it is mounted is permitted by special exception in the LI Limited
Industrial, SC Shopping Center, and RC Residential-Commercial Zoning
Districts.
(c)
All other uses ancillary to the antenna and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the cell site, unless otherwise permitted
in the zoning district in which the cell site is located.
(3)
Standards of approval of special exceptions.
(a)
The cellular communications company is required to demonstrate,
using technological evidence, that the antenna must go where it is
proposed in order to satisfy its function in the company's grid system.
(b)
If the cellular communications company proposes to build a tower
(as opposed to mounting the antenna on an existing structure), it
is required to demonstrate that it contacted the owners of tall structures
within a one-quarter-mile radius of the site proposed, asked for permission
to install the antenna on those structures, and was denied for reasons
other than economic ones. This would include smokestacks, water towers,
tall buildings, antenna support structures of other cellular communications
companies, other communications towers (fire, police, etc.), and other
tall structures. The Borough Zoning Hearing Board may deny the application
to construct a new tower if the applicant has not made a good-faith
effort to mount the antenna on an existing structure.
(4)
Standards of approval of all cellular communication antennas.
(a)
Antenna height. The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved.
(b)
Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure or any guy wire anchors and any property line
shall be the largest of the following:
(c)
Antenna support structure safety. The applicant shall demonstrate
that the proposed antenna and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anticlimbing
devices, as approved by the manufacturers.
(d)
Fencing. A fence shall be required around the antenna support
structure and other equipment, unless the antenna is mounted on an
existing structure. The fence shall be a maximum of eight feet in
height.
(e)
Landscaping. The following landscaping shall be required to
screen as much of the support structure as possible, the fence surrounding
the support structure, and any other ground-level features (such as
a building), and in general soften the appearance of the cell site.
The municipality may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping. If the antenna is mounted on an existing structure, and
other equipment is housed inside an existing structure, landscaping
shall not be required.
[1]
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
[2]
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(f)
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other cellular
communication companies, and local police, fire, and ambulance companies.
(g)
The cellular communication company must demonstrate that it
is licensed by the Federal Communications Commission.
(h)
Required parking. If the cell site is fully automated, adequate
parking shall be required for maintenance workers. If the site is
not automated, the number of required parking spaces shall equal the
number of people on the largest shift.
(i)
Antenna support structures under 200 feet in height should be
painted silver or have a galvanized finish retained, in order to reduce
the visual impact. Support structures may be painted green up to the
height of nearby trees. Support structures 200 feet in height or taller,
or those near airports, shall meet all Federal Aviation Administration
regulations. No antenna support structure may be artificially lighted
except when required by the FAA.
(j)
A full site plan shall be required for all cell sites, showing
the antenna, antenna support structure, building, fencing, buffering,
access, and all other items required in the Pennsburg Borough Subdivision
and Land Development Ordinance.[1] The site plan shall not be required if the antenna is
to be mounted on an existing structure.
(5)
ANTENNA HEIGHT
ANTENNA SUPPORT STRUCTURE
CELL SITE
Definitions. For the purposes of this section, the following
definitions shall apply:
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A tract or parcel of land that contains the cellular communication
antenna, its support structure, accessory building(s), and parking,
and may include other uses associated with and ancillary to cellular
communication transmission.
Airports and heliports shall not be permitted, and no aircraft,
including balloons, ultralights, etc., shall be permitted to take
off and land within the Borough of Pennsburg, except as needed for
emergencies.
The provisions of this chapter shall not be so construed as to limit or interfere with the construction, installation, operation, and maintenance of public utility structures or facilities in existence at the time of passage of this chapter or which may hereafter be located with public easements or rights-of-way designated for such purposes. Unless otherwise stated, the location of any such construction not within a public easement or right-of-way shall be permitted as a special exception by the Zoning Hearing Board, in compliance with the provisions of Article XVIII of this chapter. The Zoning Hearing Board shall give consideration to the effect of such construction or installation upon the public safety and the character of the adjacent neighborhoods.
Unless otherwise noted, the following performance standards
apply to all uses in all districts in the Borough:
A.
Control of smoke.
(1)
No smoke shall be emitted from any chimney or other source which
shall be a visible gray greater than No. 1 on the Ringlemann Smoke
Chart as published by the United States Bureau of Mines.
(2)
Smoke of a shade not darker than No. 2 on the Ringlemann Chart
may be emitted for not more than four minutes in any thirty-minute
time period.
(3)
These provisions applicable to visible gray smoke shall also
apply to visible smoke of a different color but with an equivalent
apparent opacity.
B.
Control of dust and dirt, fly ash, and fumes, vapors and gases.
(1)
No emission shall be made which can cause any damage to health
of persons, animals, vegetation, or other property or which can cause
any excessive soiling at any point.
(2)
No emission of liquid or solid particles in gases resulting
from combustion shall be permitted. Standard correction shall be applied
to a stack temperature of 500° F. and 50% excess air.
C.
Control of glare or heat. Any operation producing intense glare or
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.
D.
Control of noise. At no point on the boundary of any residential
district, the RC Residential-Commercial District, or the IN Institutional
District shall the sound-pressure level of any operation exceed the
described levels in the designated octave bands shown below for the
districts indicated:
|
Maximum Permitted Sound Level
| |||
|---|---|---|---|
|
Octave Band
(cycles per second)
|
Along District Boundaries
(decibels)
|
At Any Other Point on the Lot Boundary
(decibels)
| |
|
0 to 75
|
72
|
79
| |
|
75 to 150
|
67
|
74
| |
|
150 to 300
|
59
|
66
| |
|
300 to 600
|
52
|
59
| |
|
600 to 1,200
|
46
|
53
| |
|
1,200 to 2,400
|
40
|
47
| |
|
2,400 to 4,800
|
34
|
41
| |
|
Above 4,800
|
32
|
39
| |
E.
Control of odors. There shall be no emission of odorous gases or
other odorous matter in such quantities as to be offensive along a
lot boundary line. Any process which may involve the creation or emission
of any odors shall be provided with a secondary safeguard system,
so that control will be maintained if the primary safeguard system
shall fail. There is hereby established as a guide in determining
such quantities of offensive odors Table 111 (Odor Thresholds) in
Chapter 5, "Air Pollution Abatement Manual," Copyright 1951, by Manufacturing
Chemist Association, Inc., Washington, DC, or latest revised edition
of same.
F.
Control of vibration. No vibration shall be permitted which is perceptible
without instruments at any point beyond the lot line.
G.
Control of radioactivity or electrical disturbances. There shall
be no activities which emit dangerous or harmful radioactivity. There
shall be no electrical disturbance (except from domestic household
appliances) adversely affecting the operation of any equipment located
beyond the property of the creator of such disturbance.
H.
Outdoor storage and waste disposal.
(1)
No flammable or explosive liquids, solids or gases shall be
stored in bulk above ground; provided, however, that tanks or drums
of fuel directly connecting with energy devices, heating devices,
or appliances located on the same lot as the tanks or drums of fuel
are excluded from this provision.
(2)
All outdoor storage facilities for fuel, raw materials and products;
all fuel; and all raw materials and products stored outdoors shall
be enclosed by a fence or planting screen adequate to conceal the
facilities from any abutting properties.
(3)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transferred off the lot by natural
causes or forces.
(4)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise be attractive
to rodents or insects shall be stored outdoors in closed containers.
I.
Electric, diesel, gas or other power. Every use requiring power shall
be so operated that the service lines, substation, etc., shall conform
to the most-acceptable safety requirements recognized by the Pennsylvania
Bureau of Labor and Industry and shall be so constructed, installed,
etc., to be an integral part of the architectural features of the
plant or, if visible from abutting residential properties, shall be
concealed by coniferous planting.
J.
Sewage or industrial waste. No use shall be conducted in such a way
as to discharge any treated or untreated sewage or industrial waste
treatment and disposal except as shall be approved by sanitary engineers
or other qualified persons employed by the Borough at the expense
of the owner of the premises. Where the sanitary sewers of the Sewer
Authority are involved, approval of the Authority Board shall be required.
A.
All development in the Borough shall be served by water supply and
sewage disposal facilities which are appropriate for the type of land
use, physical characteristics of the land, location in the Borough,
and availability of existing water and sewage systems and shall be
further regulated by the requirements below:
(1)
All development in the R-4 High Density Residential, RC Residential-Commercial,
SC Shopping Center, and IN Institutional Districts shall be served
by public water and sewer facilities, where available.
(2)
Individual, common, or shared on-site water supply and/or sewage
disposal facilities may be used in all zoning districts where central
water and/or sewer facilities are not available.
(4)
Written proof of compliance with the applicable state regulations
must be provided to the Zoning Officer before occupancy permits will
be issued.
Common elements, including, but not limited to, open space,
recreation, sewer, water, and stormwater management facilities, which
will not be publicly owned shall be subject to a form of ownership
established in private agreements acceptable to the Borough Council,
upon recommendation of the Borough Solicitor. Such private ownership
may include, but is not limited to, corporate, individual, condominium,
landlord, or fee-simple homeowners' or landowners' associations and
shall be governed by the following:
B.
Perpetual maintenance shall be guaranteed by a trust indenture or
similar instrument, which:
(1)
Shall be recorded with the Recorder of Deeds of Montgomery County
simultaneously with the recording of the final plan.
(2)
Shall restrict the common elements by deed restrictions granting
the Borough the right to enforce the restrictions.
(3)
Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before
formation of a homeowners' association.
(b)
Adjustment of association fees to account for inflation.
(c)
A reserve fund to cover capital improvements and/or unforeseen
major maintenance requirements.
(d)
Funds for professional management.
(4)
Shall authorize the Borough to maintain the common elements
and assess the private ownership accordingly if private ownership
fails to function as required in the private agreements. This shall
include, but need not be limited to:
(a)
Failure to clear streets and parking areas of snow.
(b)
Failure to maintain stormwater control facilities.
(c)
Failure to correct any hazardous conditions.
(d)
Failure to perform, abide by, and complete any duties, obligations,
or requirements as set forth in the private agreements and/or the
final plan approval of the Borough Council.
In all zoning districts except the R-1 Low Density, R-2 Medium
Density, and R-3 Medium-High Density Residential Districts, and the
residential development in the RC Residential-Commercial District,
refuse collection facilities must be provided by the applicant, either
inside the building(s) or within an area enclosed by either walls
or opaque fencing, according to the following provisions:
A.
These facilities shall be architecturally compatible with the building(s).
B.
Walls or fencing shall be designed to shield the refuse facilities
from direct view from adjacent properties, to a height of at least
six feet.
C.
These facilities shall be designed in a manner which can accommodate
large collection trucks.
D.
Landscaping is encouraged around these facilities.
E.
Refuse facilities attached to or within buildings shall be subject
to the same building setbacks as the buildings.
F.
Refuse facilities detached from residential buildings shall be subject
to the setback of 10 feet from all property lines.
No lighting of private property shall be permitted that shall
cause a hazard or a nuisance to abutting roads and properties, according
to the following regulations:
A.
When lighting is observed to be a potential hazard or nuisance regarding
public roads, the Borough Zoning Officer shall make a determination
as to the need to relocate, diminish, reorient, or remove the light
fixtures in question, upon recommendation of the Borough Engineer.
The determination shall be made mainly in terms of the effect of the
lighting on traffic safety, such as from glare or brightness interfering
with a driver's ability to see and drive safely.
B.
The Zoning Officer shall report to the Borough Council, which shall
then direct the person(s) responsible for the lighting to correct
the problem.
C.
If the problem is not corrected within 30 days of written notification
from the Borough Council, the Council may correct the problem at the
expense of the person(s) responsible for the lighting.
D.
When lighting is observed to be a potential hazard or nuisance to
an abutting property, the Zoning Officer shall make a determination
as above, when requested by the affected property owner. The following
shall be used as criteria:
(1)
No light shall shine directly into the windows of a building
on an abutting property.
(2)
No light shall shine directly onto the ground or improvements
thereon of an abutting property; however:
(3)
If the Zoning Officer reports an adverse effect of lighting
on an abutting property to the Borough Council, then the Council shall
act to have the problem corrected as above.
Routine parking of not more than one commercially registered
vehicle with not more than four axles, which is used regularly or
frequently for business purposes, shall be permitted. Routine parking
of more than one such vehicle shall constitute a business operation
and shall not be permitted in any residential district.
A.
Intent. A traffic impact study is intended to enable the Borough
to assess the traffic impacts of a proposal. Specifically, its purpose
is to:
(1)
Identify any traffic problems that may be created in the existing
highway network as a result of the proposal.
(2)
Delineate solutions to potential problems and to present improvements
to be incorporated into the proposal or into the highway and/or public
transit systems within the study area.
(3)
Assist in the protection of air quality and the conservation
of energy and to encourage the use of public transit where available.
B.
Preparation of study. The traffic impact study shall be prepared
by a qualified traffic engineer and/or transportation planner in accordance
with accepted traffic engineering standards, with the cost borne by
the applicant. The traffic study shall include sufficient information
to assess the impact of the proposed development on all roads within
a one-half-mile radius of the tract being developed. The study must
demonstrate that the proposed development will not adversely affect
traffic circulation in surrounding areas, or else identify any traffic
problems that might be caused or aggravated by the use, and delineate
solutions to those problems. Based on the findings of the study, the
Borough Council may require improvements which will alleviate hazardous
or congested situations, as a condition for approval.
C.
Applicability.
(1)
A traffic impact study shall be submitted with all developments
with 50,000 or more square feet of building floor area and all subdivisions
of 30 or more dwelling units.
(a)
Proposals which would not be required to produce a traffic impact
study by reason of size, above, must produce a study if the expected
number of trips generated per day exceeds 1,000.
(b)
The anticipated number of trips per day shall be determined
through the use of the most recent edition of the Institute of Transportation
Engineers' (ITE) Trip Generation Report. The proposed use or development
shall be identified using the appropriate ITE land use code. Where
doubt exists, the applicant shall seek guidance from the Borough Engineer.
(2)
An application which requires a traffic impact study shall not
be considered complete until the traffic impact study is submitted
to the appropriate review body in accordance with the provisions of
this section.
(3)
The appropriate review body, at its discretion, may require
any other subdivision, land development, zoning change, special exception
or conditional use application to be accompanied by a traffic impact
study.
(4)
The Borough Council may waive the requirement for a traffic
impact study where, in the opinion of the Borough Council, the proposal
is not expected to create a significant traffic impact.
An application for any conditional use as specified in the various
articles of this chapter shall be considered by the Borough Council
according to the following procedure:
A.
Application.
(1)
The application shall be submitted in writing to the Borough
Council and shall include the applicable application fee in accordance
with the fee schedule adopted and amended from time to time by the
Borough Council.
[Amended 4-1-2008 by Ord. No. 2-08]
(2)
The application shall include the request for approval of a
conditional use and sufficient information to document compliance
with the applicable standards of this chapter; a tentative sketch
plan of the proposed development shall be included.
(3)
If necessary, the Borough Council shall submit one copy of the
application to the Montgomery County Planning Commission for its advisory
review and other copies to agencies and/or technical consultants whose
review may be relevant.
(4)
The applicant shall submit a list of all landowners located
within 400 feet of the property where the conditional use is requested.
The applicant shall obtain the list at his or her own cost and expense
from the Montgomery County Board of Assessment Appeals or from the
Tax Collector of Pennsburg Borough and other municipalities when the
adjacent land is located outside of the Borough of Pennsburg. Along
with the list of landowners, the applicant shall submit prestamped
and preaddressed envelopes for all landowners shown on the aforesaid
list. The envelopes shall be plain and shall not include a return
address.
[Added 7-10-2007 by Ord. No. 5-07]
B.
Public hearing.
(1)
The Borough Council shall schedule a public hearing on the conditional
use application within 60 days of the application date and shall give
public notice of such hearing, as required.
[Added 7-10-2007 by Ord. No. 5-07]
(2)
The Borough Council shall consider the comments and recommendations
of the Montgomery County Planning Commission, other advisors, and
those present at the public hearing prior to deciding to approve or
deny the proposed use and any conditions to be imposed upon approval.
(3)
The applicant shall demonstrate at the public hearing that the
proposed use shall not be contrary to the public health, safety, and
welfare of the community. In particular, the applicant shall demonstrate
the adequacy of the proposed vehicular circulation system and other
roadway improvements, pedestrian circulation system, utilities, buffering
and screening, and protection of natural resources.
(4)
The time limits in this section may be waived by the applicant
as necessary.
(5)
Should Borough Council fail to hold the conditional use hearing
within the applicable period of time or fail to render the decision
within the required period of time, the decision shall be deemed to
have been rendered in favor of the applicant, unless the applicant
has agreed, in writing or on the record, to an extension of time.
[Added 4-1-2008 by Ord. No. 2-08]
C.
Decision.
[Added 4-1-2008 by Ord. No. 2-08]
(1)
The Borough Council shall render a written decision within 45
days after the last hearing. For purposes of this subsection, the
last hearing before the Borough Council shall not terminate until
the transcript of the hearing has been filed with the Borough Council
by the court stenographer. Upon receipt of the transcript, the Borough
Council shall give notice to the parties of the date of the filing
of the transcript. The forty-five-day time period for filing of the
written decision shall commence immediately upon receipt of the transcript,
unless the parties to the conditional use hearing have requested time
to file with the Borough Council proposed findings of fact and conclusions
of law. In the event that the parties submit proposed findings of
fact and conclusions of law, the time period for filing of such documents
shall be agreed upon by the Borough Council Solicitor and the parties,
and the time period for filing the written decision shall commence
upon receipt of the findings of fact and conclusions of law by the
Borough Council.
(2)
Where the application is contested or denied, each decision
shall be accompanied by findings of fact or conclusions of law. Conclusions
of law based on any provisions of the Municipalities Planning Code,
or of any ordinance, rule or regulation, shall contain a reference
to the provision relied upon and the reasons why the conclusion is
deemed appropriate in light of the facts found.
(3)
The decision of Borough Council shall be delivered to the applicant
personally or mailed to him at his last known address not later than
15 days following the date of the decision.
D.
Standards. In addition to the other requirements of the Borough Zoning
Ordinance, a conditional use application shall only be approved if
the applicant proves that the following standards will be met, as
applicable:
[Added 4-1-2008 by Ord. No. 2-08]
(1)
That the proposal will not negatively impact the use of neighboring
properties and/or the character of an existing or approved residential
neighborhood.
(2)
That the proposal includes adequate site design methods, such
as plant screening, tree preservation, setbacks and berming, as needed
to avoid significant negative impacts on nearby uses.
(3)
That the use will not create a significant hazard to the public
health, safety, or welfare, such as fire, toxic, or explosive hazards.
(4)
That the use will not result in or substantially add to a significant
traffic safety hazard or significant traffic congestion.
E.
Authority. The Borough Council shall retain sole authority to hear
and make determinations pertaining to conditional use applications.
[Added 4-1-2008 by Ord. No. 2-08]
Nothing herein contained shall be construed to render inoperative
any enforceable restriction established by covenants running with
the land and which restrictions are not prohibited by or are not contrary
to the regulations herein established.
A.
Swimming pool permit.
(1)
Any person, club, firm, corporation, partnership, institution
or association desiring to construct, add to or modify or to operate
any bathing place or swimming pool or any structure intended to be
used for bathing or swimming purposes, indoors or outdoors, shall,
in addition to any other permits required by law, first secure a permit
from the Borough Zoning Officer. A fee shall be collected in accordance
with the fee schedule adopted or amended by resolution of the Borough
Council. The applicant shall submit to the Borough Zoning Officer
the following information:
(a)
The location and all dimensions of the pool.
(b)
The distance between the pool and any property line, ultimate
right-of-way line, underground on-site septic system, or structure.
(c)
The method of draining the pool.
(d)
The size, location, and method of construction of the required
fence and gate.
(2)
The Borough Zoning Officer shall issue a permit if it is determined
that such application is not contrary or dangerous to the public health
and welfare. The Borough Zoning Officer may ask for a recommendation
on the application from the Borough Engineer.
B.
C.
Fencing and lighting.
(1)
Every bathing place or swimming pool shall be entirely surrounded
by a substantial wire mesh fence or an equivalent wood fence of a
nonremovable type, not less than four feet in height, equipped with
a gate and key-operated lock.
(2)
Aboveground pools over four feet in height need not be enclosed
by a fence, but the ladder serving the pool shall be locked in an
inaccessible position at least four feet above the ground or removed
and locked up elsewhere.
(3)
Any floodlighting or any other illumination used in conjunction
with the pool shall be shielded and directed away from adjoining properties.
Lot averaging shall be permitted in the R-1 Low Density Residential and R-2 Medium Density Residential Zoning Districts when authorized by the Borough Council as a conditional use, in compliance with the conditional use standards of § 110-328 herein, and the following requirements:
A.
A minimum of 75% of the lots in a subdivision using lot averaging
shall equal or exceed the standard minimum lot area and width requirements
for the district in which the subdivision is located. Not more than
25% of the total lots in a subdivision may be reduced to less than
the standard minimum lot size and/or width.
B.
The total area of all proposed lots divided by the total number of
lots shall equal or exceed the standard minimum lot size (not reduced
lot size) for the district in which the subdivision is proposed. The
reduction in lot size of one or more lots shall be compensated for
by the increase in lot size of one or more lots.
C.
The minimum lot area required for reduced-area lots in the R-l Low
Density Residential District shall be 8,000 square feet, and the minimum
lot width shall be 70 feet.
D.
The minimum lot areas and widths required for reduced-area lots in
the R-2 Medium Density Residential District shall be as follows:
E.
All lots in the subdivision shall comply with all other applicable
regulations, including required setbacks, maximum building and impervious
surface coverage, and height limits.
F.
Any lot in a lot-averaging subdivision with at least twice the minimum
lot area shall be deed restricted to prohibit any future resubdivision.
A.
Wild or exotic animals prohibited. No person shall keep a wild or
exotic animal on any property in the Borough other than in a veterinary
hospital or clinic, humane society, circus, sideshow or facility used
for educational or scientific purposes, which provides proper cages,
fences, and other protective devices adequate to prevent such animal
from escaping or causing injury to the public.
B.
Sale, exchange, adoption or transfer of wild or exotic animals prohibited.
No person shall sell or offer for sale, adoption or transfer, with
or without charge, any wild or exotic animal, on any property in the
Borough (other than as permitted above). This section is not intended
to apply to persons owning or possessing wild or exotic animals prior
to the enactment of this chapter, provided that the property on which
the person or persons taking possession of such wild or exotic animal
following said sale, adoption, exchange or transfer is not in the
Borough.
C.
Keeping farm animals prohibited. It shall be unlawful for any person
to keep or maintain any cattle, horse, swine, sheep, goat, fowl, or
other farm animal on any property in the Borough.
