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Township of Upper Merion, PA
Montgomery County
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Table of Contents
Table of Contents
Code
New Laws (10) Index
In R-3 Residential Districts, the following regulations shall apply.
A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:
A. 
Any use permitted in R-2 Residential Districts, except cluster development overlay.
[Amended 8-17-1987 by Ord. No. 87-525]
B. 
Single-family semidetached dwelling.
C. 
Two-family detached dwelling.
D. 
Two-family semidetached dwelling.
E. 
Multifamily dwelling.
F. 
Row house, not to exceed six dwellings per structural unit.
G. 
Municipal uses.
[Added 6-15-1987 by Ord. No. 87-516]
H. 
Storage garage when authorized as a special exception.
I. 
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses.
J. 
Personal care facility as a conditional use in accordance with § 165-219.1.
[Added 3-25-1999 by Ord. No. 99-681]
The maximum height of buildings and other structures erected or enlarged in this district shall be as prescribed in § 165-11 of Article IV herein insofar as applicable to uses permitted in this district, except that the height of a multifamily dwelling may be increased to a maximum of 50 feet, provided that for every foot of height in excess of 35 feet, there shall be added to each yard requirement one corresponding foot of width or depth.
A. 
Minimum lot area and width.
[Amended 11-13-1978 by Ord. No. 78-392; 6-15-1987 by Ord. No. 87-516]
(1) 
Subject to the limitations of Subsection F below, a minimum lot area per dwelling unit and a minimum lot width at the building line shall be provided for every building erected, altered or used for any dwelling use permitted in this district in accordance with the following:
[Amended 7-15-2021 by Ord. No. 2021-876]
Type of Dwelling
Minimum Lot Area per Unit
(square feet)
Lot Width
(feet)
Single-family detached
5,000
50
Single-family semidetached
4,000
40
Two-family detached
3,000
60
Two-family semidetached
2,500
50
Multifamily
2,100
60
Row house
2,100
20
(2) 
For every building erected, altered or used for any other use permitted in this district, there shall be a lot area of not less than 5,000 square feet and a lot width of not less than 50 feet at the building line.
B. 
Front yards. There shall be a front yard on each lot which shall be not less than 25 feet in depth.
C. 
Side yards.
(1) 
On each interior lot, side yards shall be provided in accordance with the following:
Type of Dwelling
Minimum Number of Yards
Minimum Aggregate Width
(feet)
Minimum Width for Any One
(feet)
Single-family detached
2
25
10
Single-family semidetached
1
15
 — 
Two-family detached
2
25
10
Two-family semidetached
1
25
 — 
Multifamily
2
35
10
Row house (end of row only)
1
10
 — 
(2) 
On each corner lot, there shall be a side yard abutting the street having a width of not less than 25 feet and, except where the lot is occupied by a single-family semidetached dwelling, a two-family semidetached dwelling or by a row house, a side yard abutting the interior side lot line having a width of not less than 10 feet.
(3) 
For every building erected, altered or used for any other use permitted in this district, there shall be side yards provided in accordance with the following:
(a) 
On each interior lot, there shall be two side yards having an aggregate width of not less than 25 feet, neither side yard having a width of less than 10 feet.
(b) 
On each corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 25 feet and the side yard not abutting the street having a width of not less than 10 feet.
(4) 
On any lot, in any side yard not abutting a street, an accessory structure may be erected and maintained within the rear quarter of the lot if not closer to the side lot line than four feet, and accessory structures may be erected and maintained on adjacent lots within the rear quarters thereof having a wall in common located on the common side lot line.
[Amended 5-8-1978 by Ord. No. 78-383]
D. 
Rear yard. There shall be a rear yard on each lot the depth of which shall be not less than 25 feet, except that an accessory use structure may be erected within the rear yard not closer to the rear lot line than five feet.
E. 
Building coverage. The maximum percentage of the area of each lot which may be occupied by buildings shall be in accordance with the following:
Type of Dwelling
Maximum Coverage
(percent)
Single-family detached
30
Single-family semidetached
25
Two-family detached
30
Two-family semidetached
35
Multifamily Row house
30
Interior lot
50
Interior lot, end of row
40
Corner lot, end of row
35
F. 
Area and density regulations. The following minimum tract size and maximum density shall apply:
[Added 7-12-1982 by Ord. No. 82-433; amended 6-15-1987 by Ord. No. 87-516; 7-15-2021 by Ord. No. 2021-876]
(1) 
Minimum tract. A proposal for a development shall have a minimum tract size of five acres, excluding the existing rights-of-way of all public roads. This Subsection F(1) shall only apply to multifamily and row house dwellings.
(2) 
Maximum density. The maximum permitted density shall be six dwelling units per developable acre.
[Added 2-19-1973 by Ord. No. 73-308]
Notwithstanding the foregoing, more than one building may be constructed on a single lot, provided that:
A. 
The buildings to be constructed or erected shall only be multifamily or row house dwellings.
B. 
[1]The buildings shall be arranged on the lot in a harmonious grouping and the distance between any two buildings, regardless of orientation, shall not be less than 25 feet.
[1]
Editor's Note: Former Subsection B, regarding maximum lot area, and former Subsection C, regarding maximum dwelling units per acre, were both repealed 7-15-2021 by Ord. No. 2021-876. This ordinance also renumbered former Subsections D through I as Subsections B through G, respectively.
C. 
Building coverage shall not exceed 25% of the area of the lot, and no building shall exceed 12 units and/or 240 feet in length.
[Amended 4-6-1992 by Ord. No. 92-596; 11-21-1996 by Ord. No. 96-652]
D. 
Setback and buffer requirements.
[Amended 11-21-1996 by Ord. No. 96-652]
(1) 
Building setbacks. No building shall be closer than 35 feet to the ultimate right-of-way or 25 feet to the perimeter lines of the tract.
(2) 
Parking setbacks. No parking area of three or more parking spaces shall be located closer than 15 feet to the ultimate right-of-way or 25 feet to the perimeter lines of the tract.
(3) 
Buffers. The development shall have a permanent landscaped planting area of at least 15 feet in depth from abutting property lines designed for screening from view any adjacent uses to a minimum height of seven feet. The required buffer can be waived or reduced by the Supervisors, after review and recommendation by the Planning Commission, if a natural buffer exists or the adjacent use is compatible.
E. 
Recreation and open space. A minimum of 20% of the developable acres shall be provided as the common open space for use by the residents of the development (or the general public if dedicated to the Township) for active or passive recreation.
[Amended 11-21-1996 by Ord. No. 96-652]
(1) 
The common open space as required herein must be contained in one parcel of ground located as approved on the development plan. Yard areas shall not be used to compute open space requirements.
(2) 
The minimum required common open space shall not include areas of detention basins, nor shall more than 1/2 of the minimum required common open space consist of any combination of the following:
(a) 
Floodplain, as defined by Article XXXII.
(b) 
Slopes in excess of 25%.
(c) 
The exterior 25 feet of perimeter setback as required under Subsection F(1).
(3) 
The common open space must be usable for recreation, environmental and/or aesthetic purposes. It must be conveniently located for use by residents and, where applicable, shall preserve and protect environmentally sensitive features.
(4) 
Maintenance of common areas and facilities. Provisions satisfactory to the Board of Supervisors must be made for the perpetual maintenance and care of all common facilities and open space. Alternatives include maintenance by the developer, a homeowners' association or similar entity. Any common open space or recreation area shall be first offered for dedication. However, the Township need not accept dedication.
(5) 
Waiver.
(a) 
The Board of Supervisors, in its sole discretion, may waive the requirement for recreation/common open space, or reduce the required amount of open space, after review and recommendation by the Planning Commission, provided that the applicant requests such a waiver or reduction; presents reasonable support as determined by the Board of Supervisors for the waiver or reduction; and agrees to provide one of the following alternatives to the common open space required by this chapter:
[1] 
A fee in lieu of the open space improvements;
[2] 
New facilities or upgrades to existing facilities for common open space; or
[3] 
Recreational facilities that are accessible to the proposed development.
(b) 
At the sole discretion of the Board of Supervisors, the applicant may satisfy the applicant's common open space requirement with any combination of dedication of common open space; a fee in lieu of open space; new facilities or upgrades to existing facilities for common open space; and recreational facilities that are accessible to the proposed development.
(6) 
Where the applicant agrees either to contribute a fee in lieu of common open space or upgrades or improvements to existing open space and recreational facilities, the amount of the fee or the value of the upgrades or improvements shall be equal to the fair market value of the raw, undeveloped land that would have been required for common open space absent the waiver or reduction. The Board of Supervisors and the applicant shall attempt to agree on a figure for said fair market value. If the applicant and the Board of Supervisors cannot agree on the fair market value, then the applicant shall provide the Board of Supervisors with an appraisal, at the applicant's sole expense, and the Board of Supervisors shall review said appraisal and make a decision as to fair market value. The appraisal shall be prepared by an MAI real estate appraiser with no interest, financial or otherwise, in the affected property or application.[2]
[2]
Editor's Note: Original Section 803, Subdivision 8, concerning minimum off-street parking requirements, which immediately followed this subsection, was repealed 6-15-1987 by Ord. No. 87-516.
F. 
The requirements of § 165-61A, B, C(1), (2), (3) and (4), D and E shall not control the development under this section.
G. 
In order to accomplish the spirit and purpose of this chapter, a developer of any tract of land within this district, except development of single-family residential dwellings, shall submit development plans in accordance with Article XXXIII herein.
[Amended 6-15-1987 by Ord. No. 87-516]