This chapter shall not apply to any existing or proposed building or extension thereof or to any land used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public.
A pump, light standard, air tower, water outlet or similar installation of a gasoline filling station may be placed within the required front yard but in no case closer to a street line than 15 feet.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
The following regulations shall apply notwithstanding the district area and width regulations of this chapter:
A. 
In all sections of the Township which are served neither with sanitary sewers nor with public water supply, lots shall have a minimum area of one acre and a minimum width at the building line of 150 feet.
B. 
In all sections of the Township which are not served with sanitary sewers but which are served with public water supply, lots shall have a minimum area of 10,000 square feet and a minimum width at the building line of 70 feet.
[Amended 5-27-1957 by Ord. No. 45]
A. 
Where an unimproved lot is situated between two improved lots having on each a principal building within 25 feet of the side boundary line of such unimproved lot which extends into the required front yard of such unimproved lot and has been so maintained since the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
B. 
Where an unimproved lot adjoins only one improved lot having a principal building thereon within 25 feet of the common side lot line which extends into the required front yard of such improved lot and has been so maintained since the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district.
One single-family detached dwelling may be erected and used on any lot located in any LI Limited Industrial District or HI Heavy Industrial District which is unimproved and held in single and separate ownership at the effective date of this chapter if permitted by and subject to the zoning regulations applicable to such lot immediately prior to the effective date of this chapter, and such lot shall then be used only for such dwelling purpose and accessory uses customarily incidental thereto.
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. 
An unenclosed porch not more than 14 feet in height may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than one-half (1/2) the required depth of the yard.
B. 
A terrace, platform 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 it shall not extend into such yard more than 40% of the required depth or width of the yard.
C. 
A porte cochere may be erected over a driveway in a required side yard, provided that such structure is:
(1) 
Not more than 14 feet in height and 26 feet in length.
[Amended 9-11-1967 by Ord. No. 67-206]
(2) 
Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features.
(3) 
At least three feet from the side lot line.
D. 
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
E. 
Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
[Amended 8-8-1996 by Ord. No. 96-649; 4-15-2021 by Ord. No. 2021-873]
A. 
No fence or wall, except a retaining wall or a wall of a building permitted under the terms of this chapter, over six feet in height shall be erected within any setback or 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 four to one (4:1).
B. 
Exceptions.
(1) 
Fences or walls erected within the minimum required front yard setback of any lot shall not exceed four feet in height.
(2) 
Where a fence is constructed to screen a residential community/area or property from any abutting commercial or industrial development/area, utility/electrical distribution substation, railroad or similar use, an eight-foot-high solid fence will be permitted with approval by the Board of Supervisors, provided that:
(a) 
The request for such a solid fence or wall shall be submitted to the Board of Supervisors as part of a development plan or fence permit application.
(b) 
Fences shall be erected in accordance with standard industry practice.
(c) 
For each one foot of solid height, or increment thereof, which exceeds six feet, a one-foot setback shall be provided from the property line.
C. 
Any portion of a fence construction intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract upon which the fence is erected. The finished portion of the fence shall face the property or right-of-way adjacent to the fence.
D. 
Barbed wire, razor wire, electrified fences, fence spikes or other types of hazardous fencing are prohibited without the approval of the Board of Supervisors and follow the procedure outlined in § 165-208B(2).
A. 
Accessory uses authorized in this chapter shall include, but not by way of limitation, the following:
(1) 
Uses accessory to agriculture: greenhouse; roadside stand for sale of products produced on the premises; keeping, breeding and management of livestock and poultry but only in such quantities and to such extent as are customarily incidental to the principal use; preparation of products produced on the premises for the disposal thereof by marketing or otherwise.
(2) 
Uses accessory to dwelling.
[Amended 11-17-1975 by Ord. No. 75-350]
(a) 
Private garage, private parking space, shelter for common household pets, storage sheds, above- and in-ground swimming pools, tennis courts, satellite-receiving antennas and dog runs.
[Amended 5-8-1978 by Ord. No. 78-383; 6-15-1987 by Ord. No. 87-516]
(b) 
Private greenhouse.
(c) 
Living quarters within the dwelling for household employees, caretakers or watch men.
(d) 
When authorized as a special exception by the Zoning Hearing Board, professional office or studio of a doctor, dentist, minister, teacher, artist, architect, landscape architect, musician, lawyer, engineer or practitioner of a similar character or rooms for home occupations, provided that such office, studio or rooms are located in a dwelling in which the practitioner resides, and provided further that no goods are publicly displayed on the premises.[1]
[Amended 5-8-1978 by Ord. No. 78-383]
[1]
Editor's Note: Original Subsection B5, authorizing the renting of rooms, which immediately followed this subsection, was repealed 6-15-1987 by Ord. No. 87-515.
(e) 
The keeping of and shelters for farm animals other than common household pets, when authorized as a special exception by the Zoning Hearing Board.
[Added 2-23-1976 by Ord. No. 76-354]
(3) 
Uses accessory to public park, etc.: customary recreational, refreshment and service uses and building in any public park, reservation, playground or other recreational area.[2]
[2]
Editor's Note: Original Subsection D, Temporary Uses, which immediately followed this subsection, as added 11-20-1972 by Ord. No. 72-3O3, was repealed 5-8-1978 by Ord. No. 78-383.
B. 
Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business or personal service shop.
C. 
A nonprimary wagering location, as described in the Race Horse Industry Reform Act, 4 Pa. C.S. § 325.101, et. seq., specifically § 218(g)(5)(ii), shall not be permitted as an accessory use.
[Added 2-4-1999 by Ord. No. 99-680]
[Added 5-8-1978 by Ord. No. 78-383[1]]
Buildings in nonresidential districts which abut a railroad right-of-way may encroach into side or rear yard setback requirements for the purpose of providing access to the railroad right-of-way.
[1]
Editor's Note: This ordinance also repealed original Section 1710, Prohibited Uses.
[Amended 6-15-1987 by Ord. No. 87-515]
Vehicular ingress and egress between any lot and an abutting street, for any use permitted by this chapter, shall be so located and so designed as to further the purpose of this chapter as set forth in § 165-2 of Article I herein. In order to provide for sufficient and safe ingress, egress and circulation for emergency vehicles in all developments other than single-family detached residential developments, the requirement for all affected side yards shall be increased by the dimension necessary to provide a sufficient circulation pattern surrounding all sides of proposed structures at a grade not greater than 5%. The Township Engineer and the Township Chief Fire Marshal/Risk Manager shall determine whether the side yards proposed by an applicant provide the necessary circulation pattern. The circulation patterns shall be paved in a manner adequate to support passage and operation of emergency vehicles, as approved by the Township Engineer. The circulation patterns shall be posted to be kept free and clear for the passage of emergency vehicles in a manner approved by the Chief Fire Marshal.
[1]
Editor's Note: Former § 165-212, Conversion of dwellings, as amended, was repealed 11-9-2023 by Ord. No. 2023-893.
[Added 1-7-1974 by Ord. No. 74-322; amended 11-8-1976 by Ord. No. 76-361; 5-8-1978 by Ord. No. 78-383; 12-31-1979 by Ord. No. 79-403; 1-19-1981 by Ord. No. 81-418; 6-15-1987 by Ord. No. 87-516]
A. 
Notwithstanding the provisions of this chapter regulating use, the Board of Supervisors may, in its sole discretion, after application thereto, issue a temporary use permit to allow any lawful use within any district of the Township. Such permit shall be valid for a time period to be set by the Board of Supervisors after review of the application, with a maximum period of one year. Temporary uses may be conducted within a temporary building or structure of any approved type of construction. Such structures may be not more than one story in height and may be erected and maintained in such a manner and in such a position as to properly safeguard the public and all surrounding buildings. Such structures may be placed upon the property subject to conditions specified by the Board of Supervisors relating to ingress, egress, parking and other matters deemed necessary by the Board of Supervisors.
B. 
In NC, LC and GC Commercial Districts and SC Shopping Center Districts, a sixty-day temporary use permit may be issued for the outdoor sale of Christmas trees, greenery and wreaths. Such permits shall not be issued before November 1 of any calendar year.
[Amended 3-26-2015 by Ord. No. 2015-837]
C. 
In NC, LC and GC Commercial Districts and SC Shopping Center Districts, a ten-day temporary use permit may be issued for the outdoor sale of Easter and/or Mother's Day flowers and plants. Such permits shall not be issued more than two weeks before the date of the holiday.
[Amended 3-26-2015 by Ord. No. 2015-837]
D. 
Application for temporary use permits shall be made on forms furnished by the Township and shall be executed by the landowner, as well as the tenant or land user if a different person. Applications shall be made to the Township Building Official, who shall refer applications made pursuant to Subsection A above to the Board of Supervisors or who shall be empowered to issue permits for applications made pursuant to Subsections B and C above. No permit shall be issued until the application fee set forth in the current fee schedule has been paid and until the applicant has deposited in escrow with the Township $125 by cash or certified check to guarantee the restoration of the area to its former condition or the removal of the temporary building or structure upon termination of the permit. Such cleaning and restoration or removal shall be accomplished within five days of the expiration of the permit. Failure to comply with any of the aforesaid requirements or conditions shall constitute a violation of this chapter and shall be authority for the Township to cause the applicant to forfeit the escrow deposit. All applicants shall be required to provide safe and adequate off-street parking as determined by the Township Building Official.
[Added 1-31-1977 by Ord. No. 77-368; amended 6-15-1987 by Ord. No. 87-516; 8-12-1993 by Ord. No. 93-616]
The green areas required by any parking requirement and the green areas required by § 165-198 may be reduced by the Board of Supervisors as a part of land development plan review and upon proof from the applicant that the subject land has subsurface conditions consisting of sinkholes, voids or other similar conditions requiring special engineering for surface construction in order to retain, channel or otherwise direct surface water drain off so as to prevent the indiscriminate discharge of such surface waters into the subsurface, thereby preventing the aggravation of sinkholes or voids. The applicant's proof shall include a plan showing that stormwater management shall be handled in a manner that is acceptable to the Township. When such proof is submitted, the Board of Supervisors may reduce the green area requirements to not less than 10% of the entire tract.
[Added 11-20-2003 by Ord. No. 2003-729[1]; 11-15-2012 by Ord. No. 2012-810]
A. 
Intent.
(1) 
The intent of this section is to require and set standards for temporary and permanent outdoor lighting in places where public health, safety and welfare are potential concerns. The outdoor lighting ordinance shall protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse and protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.
(2) 
The enforcement of this section is intended to be primarily, but not solely, on a complaint basis.
B. 
Applicability.
(1) 
The requirements herein apply to outdoor lighting for uses including the following: business, personal service, multifamily residential, commercial, industrial, public recreational and institutional; except Subsections F and G, which apply to all uses.
(2) 
The Township may require lighting to be incorporated for other uses or locations, as deemed necessary.
(3) 
The requirements contained herein apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, and landscape lighting.
(4) 
The requirements herein do not apply to streetlights and traffic lights located in the public right-of-way and owned by Upper Merion Township.
(5) 
Emergency lighting, as may be required by any public agency or utility company while engaged in the performance of their duties, is exempt from the requirements of this section.
(6) 
Seasonal holiday lighting or illumination of the American and state flags shall be exempt from the requirements of this section, provided that such lighting does not produce glare on roadways and neighboring residential properties.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARCHITECTURAL LIGHTING
A lighting arrangement primarily used to highlight a building, landscape feature, facade, or other feature, and is not used for pedestrian or vehicular traverse.
FOOTCANDLE
A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter.
GLARE
The sensation produced by lighting that causes annoyance, discomfort or loss in visual performance and visibility to the eye.
IESNA FULL CUTOFF
A lighting fixture standard whereby the fixture is shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated.
IESNA
Illuminating Engineering Society of North America.
ILLUMINANCE
The quantity of light measured in footcandles or lux.
ILLUMINATION TRESPASS
Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.
LUMENS
As used in the context of this section, the light-output rating of a lamp (light bulb) or light source.
LUMINAIRE
A complete lighting unit.
MOUNTING HEIGHT
The distance from the finished face of the surface being illuminated to the optical center of the luminaire.
OUTDOOR ATHLETIC FACILITY LIGHTING FIXTURE
A lighting fixture used to illuminate the air space and playing surface of a planned and engineered facility approved by the Township in which organized athletic events are performed in an open-air and outdoor field, court, rink, track, pool or other similar setting.
D. 
Plan submission.
(1) 
Lighting plans shall be submitted for review and approval of any installation of lighting in connection with a land development application for any use identified in Subsection B of this section. Lighting plans shall include the following:
(a) 
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, containing a layout of all proposed fixtures by location and type.
(b) 
Description of the proposed equipment shall be included, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, and mounting heights.
(c) 
When requested by appropriate officers or agents of the Township, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare, including but not limited to a plot plan with a matrix of the calculated footcandles with measurements 10 feet into the neighboring properties, including those on the opposite side of a public right-of-way or public roadway, at five feet above ground.
(2) 
Notification must be sent to the Township Planner before any post-approval alterations to lighting plans or intended substitutions for approved lighting equipment are made. Post-approval alterations or intended substitutions to the approved lighting plan must meet the requirements of the originally approved plan.
E. 
Design standards.
(1) 
All lighting fixtures for off-street parking areas, off-street loading areas, driveways, and for safety of persons and property must meet IESNA full cutoff.
(2) 
All fixtures for pedestrian areas and walkways must meet IESNA full cutoff.
(3) 
The maximum height of light fixtures, including the mounting base, is as follows:
(a) 
Full-cutoff fixtures with 44,000 lumen lamps maximum, in parking lots: 20 feet AFG.
(b) 
Full-cutoff fixtures with 115,000 lumen lamps maximum shall be permitted only in large (100 spaces or more) commercial, institutional and industrial parking lots, except when the facility is adjacent to a residential district or use or an environmentally sensitive area: not less than 25 feet nor more than 30 feet AFG.
(c) 
Mounting heights of 25 feet to 30 feet shall not be permitted when located less than 100 feet from a residential district or use.
(d) 
Decorative, cutoff or fully shielded fixtures with 17,500 lumen lamps maximum: 16 feet AFG.
(e) 
Fully shielded bollard fixtures with 6,200 lumen lamps maximum: 42 inches AFG.
(4) 
Recreational light fixtures shall comply with the standards and regulations set forth by Subsection H of this section.
F. 
Performance standards.
(1) 
All lighting shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private properties from direct glare that may create a safety hazard.
(2) 
Illumination trespass standards from one property to another shall be as follows:
(a) 
In no case shall illumination exceed 0.5 footcandle, when measured, line of sight, at the property line of an aggrieved property of nonresidential use.
(b) 
In no case shall illumination exceed 0.3 footcandle, when measured, line of sight, at the property line of an aggrieved property of residential use, except between properties that share a lot line with no required setback, in which case it shall not exceed two footcandles.
(3) 
The use of floodlights and wall-mounted luminaries shall not be permitted to illuminate parking areas unless it can be proven to the satisfaction of the Township that the employment of no other means is possible.
(4) 
Architectural lighting, as defined by this section, shall be aimed or directed so as to preclude light projection beyond the immediate object or objects intended to be illuminated. All such lighting shall be extinguished between the hours of 11:00 p.m. and 6:00 a.m.
(5) 
Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences, and similar screening methods be considered acceptable for reducing glare.
(6) 
Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, and fast-food/bank/drugstore drive-ups shall be accomplished using flat-lens full-cutoff luminaries aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaries shall be below the light source and its light-directing surfaces, at all lateral angles round the luminaries.
G. 
Enforcement and compliance.
(1) 
The landowner is responsible if not compliant to the lighting plan approved by the Board of Supervisors. The Township may conduct a post-installation inspection to verify compliance of the approved plan. After installation, the Township, by way of an authorized enforcement officer, may require the landowner, at the landowner's expense, to make adjustments, remedial measures, or other means to comply with the approved lighting plan.
(2) 
Notwithstanding the installation date or preexisting conditions of a lighting fixture or arrangement, if the Township determines that the standards set forth in Subsection F are not met, the Township, by way of an authorized enforcement officer, may require the landowner, at the landowner's expense, to make adjustments, remedial measures, or other means to comply with the lighting standards.
(3) 
Notwithstanding the above regulations of this section, if at any time the Township deems a lighting fixture or arrangement to be a potential safety hazard or nuisance, it may, at the landowner's expense, require the landowner to make adjustments, remedial measures, or other means to mitigate or prevent the potential hazard or nuisance. In determining a potential nuisance, the authorized officer of the Township must take the following into consideration:
(a) 
The measurement of the amount of illuminance, in footcandles, at the spot where the lighting fixture or arrangement is causing the potential nuisance.
(b) 
Whether the suspect lighting fixture or arrangement complies with the standards set forth in Subsection F.
H. 
Special regulations for outdoor athletic facilities.
(1) 
Proposed outdoor athletic facility lighting fixtures, as defined by this section, are permitted as a conditional use in any zoning district, subject to the condition that the applicant can demonstrate to the Board of Supervisors that the neighboring properties can be sufficiently protected from any adverse effects.
(2) 
Whenever outdoor athletic facility lighting fixtures are proposed, the Board of Supervisors may require additional screening and buffering requirements to protect the neighboring properties from glare.
(3) 
Outdoor athletic facility lighting fixtures approved by the Township are exempt from the design and performance restrictions of Subsections E and F of this section.
(4) 
Outdoor athletic facility lighting fixtures may only be turned on for official games or practices of a duly registered team in an organized league recognized by the Township, and only for the specific playing fields being used.
(5) 
Outdoor athletic facility lighting fixtures shall be extinguished between the hours of 11:00 p.m. and 6:00 a.m.
[1]
Editor's Note: This ordinance also repealed former § 165-215, Outdoor lighting in nonresidential districts, added 5-8-1978 by Ord. No. 78-383, and former § 165-216, Outdoor lighting in residential districts, added 5-8-1978 by Ord. No. 78-383.
[Added 10-20-2005 by Ord. No. 2005-749]
A. 
Intent.
(1) 
To require and set standards for noise levels caused by various land uses in places where public health, safety and welfare are potential concerns. The Noise Ordinance shall protect the public from undue discomfort and hardship caused by loud noises emanating from land uses within Upper Merion Township.
(2) 
The enforcement of this section is intended to be primarily, but not solely, on a complaint basis.
B. 
Applicability. Except where specifically exempted by other jurisdictions, the requirements herein apply to the control of all sound originating within the limits of Upper Merion Township.
C. 
Definitions. All terminology used in this chapter and not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. As used in this chapter, the following terms shall have the meanings indicated herein:
AMBIENT SOUND LEVEL
The composite or normal or existing sound from all sources measured at a given location for a specific time of the day or night.
CYCLICALLY VARYING NOISE
Steady, fluctuating or impulsive noise which may or may not contain a pure tone and which varies in sound pressure level such that the same level is obtained repetitively at reasonably uniform intervals of time.
DECIBEL
The logarithmic and dimensionless unit of measurement often used in describing the loudness of sound. Decibel is denoted as dB.
DEVICE
Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
EMERGENCY VEHICLE
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger.
IMPULSIVE NOISE
A noise characterized by brief excursions of sound pressure whose peak levels exceed the ambience by 10dB. The duration of a single impulse is usually less than one second and requires the use of a sound level meter specially adapted for its measurement. Examples of impulsive sound include but are not limited to gun shots, blasting and hammering.
MOTOR VEHICLE
Any vehicle which is self-propelled by mechanical power, or propelled by human power or electric power from overhead wires or electrified rails, including, but not limited to, passenger cars, trucks, truck-trailers, trains, semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles and racing vehicles.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans or which endangers personal or real property.
PLAINLY AUDIBLE NOISE
Any noise for which the information content of that noise is unambiguously transferred to the listener, such as, but not limited to, understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms.
PURE TONE
Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above, by eight dB for center frequencies between 160 Hz and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
SOUND
A temporal and spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium, and which propagates at finite speed to distant points. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI SI.4-1971), or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND LEVEL METER
An instrument, including a microphone, amplifier, RMS detector and integrator, time averager, output meter and/or visual display and weighting networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure level when properly calibrated. The sound level meter used for testing purposes in accordance with this chapter shall meet the current American National Standard Institute specifications.
SOUND PRESSURE
The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space due to sound.
STATIONARY NOISE SOURCE
Any device, fixed or movable, which is located or is being used on geographically defined real property other than a public right-of-way.
D. 
Performance noise standards.
(1) 
It shall be unlawful for any person to operate or permit to be operated any stationary noise source in such a manner as to create a sound pressure level which exceeds the limits set forth for the receiving land use in the following table when measured at the property boundary. All measurements shall be made with a sound level meter which is in conformance with the American National Standards Institute (ANSI) specifications. The minimum time period for measuring the stationary source of noise shall be five minutes, and where practicable, the microphone of the sound level meter shall be positioned 5 1/2 feet above the ground level and pointing in the direction of the noise source.
Maximum Continuous Sound Levels by Receiving Zoning District
Receiving Zoning District Category
Time
Maximum dBA
Residential, public space, open space, or agricultural
7:00 a.m. - 9:00 p.m.
55
9:00 p.m. - 7:00 a.m., plus Sundays and legal holidays
50
Commercial or business
7:00 a.m. - 9:00 p.m.
72
9:00 p.m. - 7:00 a.m., plus Sundays and legal holidays
62
Industrial
At all times
72
(2) 
Correction for character of sound. For any stationary source of sound which emits a pure tone, a cyclically varying noise or repetitive impulse noise, the maximum sound-level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound pressure level, regardless of the time of day or night or receiving land use, using the fast meter characteristic of a Type II meter, meeting ANSI Specification SI.4-1971.
E. 
Exemptions. The following uses and activities shall be exempt from the noise regulations of this section:
(1) 
Noise of safety signals, warning devices, emergency pressure relief valves, or other sound needed to alert people about an emergency;
(2) 
Noise resulting from any authorized emergency vehicle when responding to an emergency call or from any source acting in time of emergency.
(3) 
Noise resulting from emergency work.
(4) 
Construction and maintenance operations that comply with § 67-3A(1) and § 107-5 of the Upper Merion Township Code.
(5) 
Noise resulting from public festivals, celebrations, lawful fireworks, and noisemakers, when permitted by the Township or used for celebration of an official holiday authorized by the Township, commonwealth, or federal government.
(6) 
Unamplified human voices between the hours of 7:00 a.m. and 9:00 p.m.
(7) 
Routine and customary ringing of bells and chimes by a place of worship.
(8) 
Noise resulting from any official Township, school district, or private school athletic, recreational or other such outdoor activity.
(9) 
A snowplow in operation.
(10) 
Blasting, only if performed in accordance with a permit issued by the Pennsylvania Department of Environmental Protection, the Township or any other governmental agency having jurisdiction. Such blasting may occur only between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless specifically authorized at different times by the DEP permit.
(11) 
Any train or aircraft operating pursuant to commonwealth or federal regulations.
F. 
Administration and enforcement. The Board of Supervisors may delegate to the Upper Merion Township Police Department and/or to the Township Safety and Codes Enforcement Officer the power to administer the terms of this chapter, to investigate complaints and prosecute violations of this chapter. When enforcing the terms of this chapter, the Police Department and/or Safety and Codes Enforcement Officer may engage consultants and engineers with experience in measuring sound levels with the use of sound level meters with the consent of the Board of Supervisors. Such consultants may have the powers and authority as delegated by the Police Department or Safety and Codes Enforcement Officer and may act as the Township's agent for the administration and enforcement of this chapter.
G. 
Permits.
(1) 
The Board of Supervisors, upon application from any person, shall have the authority to grant permits for the operation or causation of sound in excess of the maximum permissible sound levels by receiving land use established in Subsection D if the following conditions are met to the satisfaction of the Board:
(a) 
The operation or causation of such sound, under the circumstances, will not severely jeopardize the health, welfare or safety of the citizens of the Township.
(b) 
The denial of such a permit will impose excess hardship on the applicant, the community or other persons.
(c) 
The operation will not have an adverse effect on a contiguous land use.
(2) 
The Board of Supervisors shall have the right and authority to impose reasonable conditions and restrictions upon any applicant for a permit in order that the policy of this chapter be implemented.
[Added 7-12-1982 by Ord. No. 82-433]
Whenever land previously utilized as a landfill site is planned to be developed in accordance with the provisions of this chapter, the landowner-developer shall, prior to the approval of any plan or the issuance of any permit required by this chapter or any other ordinance, provide a certification by an engineer or other person qualified to make such certification that the property in question is free of hazardous gases and materials and that the use and development of such tract on the landfill site will not adversely affect those persons occupying the premises after development.
[Added 6-15-1987 by Ord. No. 87-516]
A. 
Screening shall be required to minimize or conceal areas of visual environmental impact or hazardous areas. Examples of such areas are service areas, outdoor storage areas, outdoor storage of vehicles, outdoor storage tanks, junkyards, parking areas and outdoor electrical or other utility equipment.
(1) 
All auxiliary exterior equipment separate from the main structure on the lot shall be screened.
(2) 
Required screening for hazardous areas shall be designed to prevent or limit access.
(3) 
Required screening shall be designed to conceal the screened object or area from view from public streets.
B. 
Screening to prevent or limit access to hazardous areas shall consist of fencing, walls or other such barriers. Screening to lessen visual impact shall consist of trees, shrubbery and other such living landscaping.
C. 
Screening designs and materials shall be reviewed by the Shade Tree and Beautification Commission to ensure compliance with the requirements of this section. The Shade Tree and Beautification Commission shall also review the design and materials used in living barriers to ensure that the planting is suitable for the area and will survive.
D. 
All areas of visual environmental impact shall be brought into compliance with the requirements of this section.
(1) 
Installation of screening is required with 60 days of occupancy of any building on the site. If weather conditions do not permit planting within 60 days of occupancy, required planting may be postponed, but in no event shall installation be later than six months after occupancy of any building on the site.
(2) 
Areas of visual environmental impact or hazardous areas which are nonconforming on the effective date of this section shall be amortized and brought into compliance within two years from the effective date of this section.
E. 
The Shade Tree Arborist shall inspect all areas to be screened before installation to ensure that the screening meets the requirements of this section.
F. 
The screening area shall be effectively maintained to ensure continued screening of the area of visual environmental impact or hazardous area.
G. 
In order that the screening required by this section shall achieve its purpose, the heights of materials, vehicles or other objects stored outside a building shall be limited to the lesser of one unit or six feet in height for stacked multiple units.
[Added 9-28-1995 by Ord. No. 95-635]
A. 
Waiver.
(1) 
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 for the waiver or reduction; and agrees to provide one of the following alternatives to the common open space required by this chapter:
(a) 
A fee in lieu of the open space improvements;
(b) 
New facilities or upgrades to existing facilities for common open space; or
(c) 
Recreational facilities that are accessible to the proposed development.
(2) 
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.
B. 
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 from an appraiser selected by the Township, 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.
[Added 10-16-1989 by Ord. No. 89-565]
A. 
Definitions.
(1) 
"Child day-care home" shall be defined as a dwelling at which child-care services are available on a full- or part-time basis, whether or not for profit, for no more than six children who are not permanent residents of the dwelling; provided, however, that the operator of such services resides at the dwelling where the services are made available.
(2) 
"Child day-care center" shall be defined as a building in which child-care service are made available on a full- or part-time basis, whether or not for profit, excluding, however, day-care homes.
B. 
Child day-care home. When authorized by the Zoning Hearing Board as a special exception, a child day-care home shall be permitted in any single-family dwelling.
C. 
Child day-care center.
(1) 
A child day-care center shall be permitted as an on-site accessory use to any nonresidential use.
(2) 
When authorized by the Zoning Hearing Board as a special exception, a child day-care center shall be permitted in all zoning districts.
D. 
State permits. No use and occupancy permits for a child day-care home or child day-care center use shall be issued by the Township pursuant to this section unless the applicant first files with the Township copies of all required and current state permits governing the operation.
[Added 2-26-1990 by Ord. No. 90-573]
Bus shelters, which are structures consisting of at least two transparent walls, covered by a roof, and which are erected pursuant to agreement with Upper Merion Township for the purpose of providing temporary shelter for persons waiting for public transportation vehicles along public highways and rights-of-way or on private property open to the public, shall be exempt from the requirements of this chapter.
[Added 6-15-1987 by Ord. No. 87-516]
A. 
It shall be unlawful for any person to land, discharge, load or take off in a helicopter or other rotor-winged aircraft within the Township except at a helistop when such helistop has been authorized as a special exception. The grant of a special exception by the Zoning Hearing Board shall be subject to the following regulations:
(1) 
The use of a helistop shall be prohibited in all agricultural and residential districts, except that such use may be permitted in conjunction with the lawful use of a hotel in such district.
(2) 
The landing pad must be a minimum of 60 feet in diameter and must be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate. All ground pads must be surrounded by a four-foot fence. Such fence shall be located so as not to obstruct the glide angle of a helicopter using the helistop.
(3) 
The landing area shall not be permitted closer than 200 feet to any residential use. Traffic patterns for landing and takeoff shall, except in emergencies, avoid residential areas, schools and other heavily populated areas.
(4) 
At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart, each approach lane to be located within 45° left or right of the prevailing winds. The approach lanes shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet and shall have a glide slope angle of eight to one (8:1) measured from the outer edge of the pad.
(5) 
The applicant shall provide the Zoning Hearing Board with proof of compliance with all applicable regulations and licensing procedures of the Federal Aviation Administration and the Bureau of Aviation of the Pennsylvania Department of Transportation. Any application for a rooftop helistop shall be accompanied by a certification from a registered engineer that the loads imposed by the helicopter can be safely supported by the structure.
(6) 
All helicopters shall be operated by fully licensed and qualified pilots; operation by student pilots is prohibited.
(7) 
Helistops in the vicinity of streets or residential uses shall be screened in accordance with the provisions of § 165-217.1 herein.
B. 
Nothing herein shall prohibit the emergency landing of helicopters within the Township, provided that, where practicable, advance notice is given to the Chief of Police and, within 24 hours of such landing, a written report is filed by the operator with the Chief of Police giving the reason for such landing.
[Added 8-17-1987 by Ord. No. 87-525; amended 8-21-1989 by Ord. No. 89-560]
A. 
Submittal requirements. An applicant for a conditional use permit shall submit to the Board of Supervisors such plans and supporting documentation as are required to comply with currently adopted standards for land development applications pursuant to Chapter 145. Such plans and supporting documentation shall be sufficient to demonstrate the impact of the proposed use upon the subject property and on the surrounding area as well as its compliance with all other applicable codes and regulations.
B. 
Standards for approval. The Board of Supervisors shall conduct a public hearing pursuant to public notice to hear and decide all applications for conditional use approval in such cases as are expressly provided for in this chapter. In reviewing applications for conditional use approval, the burden of proof shall rest with the applicant to show compliance with the following standards:
(1) 
The conditional use is in accord with the Comprehensive Plan and any of its implementing or supporting plans or policies.
(2) 
The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of the development in the immediate vicinity of the subject property and with the physical characteristics of the subject property.
(3) 
The conditional use shall be in compliance with all requirements enumerated in the provision which gives the right to seek a conditional use.
(4) 
The conditional use complies with the zoning code requirements of the underlying district in which the property is located.
(5) 
The conditional use complies with all other applicable criteria and standards of the Upper Merion Township Code, together with any other applicable state or federal regulations governing the same.
(6) 
The conditional use will not be detrimental to nor adversely affect other uses of property in the vicinity of the subject property.
(7) 
The conditional use will be served by adequate public facilities, including streets, water, sanitary sewage, fire protection, stormwater control, parks and recreation uses and other public facilities and services. The plan of development shall be properly designed with regard to internal circulation, parking, building relationships, landscape architecture, access, buffering, energy efficiency and similar considerations.
(8) 
The conditional use has merit and value for the community as a whole.
C. 
Approval by Board of Supervisors. The Board may impose such reasonable conditions and safeguards as are necessary to ensure compliance with the purpose and intent of this chapter and to ensure compliance with the plans and exhibits presented to the Board by the applicant in the development of the subject property.
D. 
Time limitation. A conditional use permit shall automatically expire if the applicant fails to file for a building permit or other necessary development permit within one year from the effective date of the conditional use permit. The Board of Supervisors may extend a conditional use permit for a period not to exceed one year for cause shown, after application and hearing thereon.
E. 
Fee schedule. Fees for the submission of an application for a conditional use permit shall be determined from time to time by resolution of the Board of Supervisors.
F. 
At least 30 days before the date of the public hearing required by law for an application for a conditional use to be heard before the Board of Supervisors, the Township Planner, or another person designated by the Township Manager, shall transmit to the Upper Merion Planning Commission a copy of the conditional use application, notice of hearing, and other information or exhibits as may have been furnished by the applicant. Thereafter, the applicant shall appear before the Planning Commission for a review of the application. The Planning Commission may submit an advisory opinion, based upon the express standards and criteria of the Township Zoning Code applicable to the conditional use application, to be considered by the Board of Supervisors, provided that the opinion is received on or before the date of the public hearing of the Board of Supervisors.
[Added 6-8-2023 by Ord. No. 2023-889]
[Added 9-18-2008 by Ord. No. 2008-772]
No-impact home-based business: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display, outdoor storage, or sale of retail goods and no stockpiling or inventory of a substantial nature that would create the appearance of a business.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling, including the garage, but may not occupy more than 25% of the habitable floor area, excluding unfinished basements and garages for calculation purposes.
H. 
The business may not involve any illegal activity.
[Added 4-14-2022 by Ord. No. 2022-879]
A. 
Purpose and findings.
(1) 
The use of hookah pipes and other similar devices used in a hookah bar and the activities associated with such businesses (including loud music, large numbers of customers congregating for long periods, etc.) have been associated with increases in odors, noise, vapors, secondhand smoke, parking impacts, loitering, and disturbances in the peace. The purpose of this section is to prevent the overconcentration of this use and to mitigate the negative impacts associated with this use.
(2) 
Smoking and vaping uses expose minors to dangerous secondhand smoke by-products and increase the potential for minors to associate smoking of hookah pipes with a normative or healthy lifestyle.
(3) 
Tobacco smoke, including secondhand smoke, from hookah pipes contributes to indoor air pollution and is a significant health hazard and carcinogen to smokers and nonsmokers alike, including employees and guests of hookah bars.
(4) 
The U.S. Centers for Disease Control and Prevention reports that smoking a hookah has many of the same health risks as cigarette smoking; that hookah use by youth is increasing; that the charcoal used to heat hookah tobacco can have negative health risks because it produces high levels of carbon monoxide, metals, and carcinogens; that hookah smokers may absorb more of the toxic substances also found in cigarette smoke than cigarette smokers do; that secondhand smoke from hookahs can be a health risk for nonsmokers; and that new forms of electronic hookah smoking are now on the market and very little information is available on the health risks of electronic tobacco products.
B. 
A hookah bar, if otherwise permitted by this chapter, shall only be permitted pursuant to the following regulations and requirements:
(1) 
Distance requirement. The parcel of land where the hookah bar is situated shall be located at least 1,000 feet from parcels containing the following uses:
(a) 
A place of worship and assembly;
(b) 
A public or private pre-elementary, elementary or secondary school;
(c) 
A public library;
(d) 
A child-care facility or nursery school;
(e) 
A boundary of any residential district;
(f) 
A public park; or
(g) 
A community/recreation center.
(2) 
Age requirement. No persons under 21 years of age shall be permitted within a hookah bar and business owners or operators shall require proof of identification to verify the age of customers and visitors.
(3) 
Parking standards. Parking shall be provided under the standards established for sit-down restaurants under § 165-191B(3)(d)[1], as may be amended.
(4) 
Hours of operation. Operating hours shall be limited from 8:00 a.m. to 12:00 midnight.
(5) 
Indoor operation only. All business-related activity, including smoking, shall be conducted entirely within a building. Outdoor seating, operating outdoor barbecues or braziers, and/or lighting coals or fires outdoors shall not be permitted.
(6) 
Alcoholic beverages shall not be permitted to be brought onto the premises for on-premises consumption. The sale and service of alcohol shall comply with all federal, commonwealth, and local laws.
(7) 
Visibility and illumination. No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours. The interior of the establishment shall have lighting adequate to make the conduct of patrons within the establishment readily discernible to people of normal visual capabilities.
(8) 
Ventilation. Adequate ventilation must be provided in accordance with all standards imposed by the Township Building Official and Fire Department, and those establishments by federal, commonwealth and local laws. The requirements imposed by the Building Official or Fire Department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings. The ventilation shall, at a minimum, prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coals indoors.
(9) 
Noise. Any amplified noise shall be subject to the regulations established in the Upper Merion Township Code.
[Added 9-18-2008 by Ord. No. 2008-771]
Forestry, as defined in Article II, § 165-5, shall be permitted in any zoning district in the Township, subject to the following regulations and requirements:
A. 
Forestry activities: shall be practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and the selling of trees for commercial purposes. A woodlot maintenance and management plan shall be filed with the Township which shall provide measures for erosion and sedimentation control and the immediate replanting of trees on areas where existing tree growth has been harvested. In addition, the following information shall be provided:
(1) 
Statement of proposed forestry activity.
(2) 
General time frame for completion of forestry activities and replanting.
(3) 
An inventory of all trees to be removed, which shall be conducted by a certified arborist.
B. 
Setbacks. Buildings, including accessory structures, and the harvesting or cutting of timber which is part of any forestry operation within the Township shall be set back from property lines and road frontages as follows:
(1) 
Front yard setback: 100 feet.
(2) 
Side yard setback: 100 feet.
(3) 
Rear yard setback: 100 feet.
(4) 
Setback from any residential building: 100 feet.
(5) 
Setback from road frontages: 100 feet.
C. 
Hours of operation. No forestry operations conducted in the Township shall commence operations of any machinery utilized in the forestry business, including motorized vehicles engaged in the business, until 7:00 a.m., and all such operations shall cease by 5:00 p.m., prevailing time, Monday through Friday, only.
D. 
Exterior storage. Any exterior storage of forestry product or by-product shall comply with all recognized fire standards and safety standards and shall be screened from view with the plantings of an appropriate evergreen buffer landscaping.
E. 
Deliveries or transport to and from the site. No deliveries to the location or transportation of product or by-product of the forestry operation shall be conducted except between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, Monday through Friday, only.
F. 
External illumination. Any external illumination to be placed on the site as part of or to assist in the forestry operation shall be shielded from direct visual observation on any adjoining property or along any adjacent roadway.
G. 
Signage and retail operations. Permitted signs shall be limited to entrance, exit, and directional signs, each of which shall not exceed 12 square feet, nor shall there be greater than three signs per any street frontage of the mining operation. No retail sale of any product or by-product of the forestry operation may occur on the premises where the forestry operation is conducted.
H. 
Exemptions. The following activities shall be exempt from regulations of this section:
(1) 
The thinning out of trees or the cutting of firewood on lots less than one acre in size.
(2) 
The activities of partial tree clearing in connection with the implementation of an approved land development or subdivision plan, provided that all clearing and regrading is performed in strict compliance with the approved land development or subdivision plan.
(3) 
The activities of general tree maintenance, landscaping, and tree surgery on residential and commercial properties.
[Added 9-18-2008 by Ord. No. 2008-771]
Mining uses and mining operations and facilities shall be permitted in the HI Heavy Industrial District, subject to the following regulations and requirements:
A. 
Setbacks. Buildings, including accessory structures and the outward edge which is a part of any mining operation within the Township shall be set back from property lines and road frontages as follows:
(1) 
Front yard setback: 100 feet.
(2) 
Side yard setback: 100 feet.
(3) 
Rear yard setback: 100 feet.
(4) 
Setback from any residential building: 250 feet.
(5) 
Setback from road frontages: 100 feet.
B. 
Hours of operation. No mining operations conducted in the Township shall commence operations of any machinery utilized in the mining business, including motorized vehicles engaged in the business, until 7:00 a.m., and all such operations shall cease by 5:00 p.m., prevailing time, Monday through Friday, only.
C. 
Exterior storage. Any exterior storage of mining product or by-product shall comply with all recognized fire standards and safety standards and shall be screened from view from adjoining properties with the plantings of an appropriate evergreen screen.
D. 
Deliveries or transport to and from the site. No deliveries to the location or transportation of product or by-product of the mining operation shall be conducted except between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, Monday through Friday, only.
E. 
External illumination. Any external illumination to be placed on the site as part of or to assist in the mining operation shall be shielded from direct visual observation on any adjoining property or along any adjacent roadway.
F. 
Signage and retail operations. Permitted signs shall be limited to entrance, exit, and directional signs, each of which shall not exceed 12 square feet, nor shall there be greater than three signs per any street frontage of the mining operation. No retail sale of any of the mined materials or any other product or by-product of the mining operation may occur on the premises where the mining operation is conducted.
[Added 1-26-2012 by Ord. No. 2012-799]
Flag lots (rear lots) as defined in Article II, § 165-5, shall be permitted in the R-1 and R-1A Residential Districts as a conditional use as set forth in § 165-219.1 and subject to the following requirements:
A. 
Access. Each flag lot shall have an access to a public street having a width of not less than 15 feet and no more than 25 feet.
B. 
Minimum flag lot (rear lot) size. The lot area of a flag lot shall be 1 1/2 times the minimum lot area required for the zoning district in which it is located and shall not include the area located in the access strip.
C. 
Depth of flag lot (rear lot). No flag lot shall contain an access strip which extends through or beyond more than one tier of lots.
D. 
Stack lot provisions. A maximum of two lots may be stacked, provided at least one lot shall have frontage to a public street equal to the minimum required lot width for the district. The remaining lot may share a common driveway, provided there are reciprocal cross-easements and maintenance agreements.
E. 
If the lots do not share a common driveway, the minimum distance between the edge of the driveways shall be 20 feet.
F. 
The front yard of the flag lot (rear lot) shall be the rear lot line of the front lot.
G. 
The front yard of the flag lot (rear lot) shall be increased 10 feet from the minimum front yard in the underlying district.
H. 
The applicant shall demonstrate that the proposed driveway meets the requirements for a minimum use driveway as established by PaDOT.
[Added 9-18-2014 by Ord. No. 2014-830; amended 3-26-2015 by Ord. No. 2015-837]
Drive-through restaurants shall be permitted in the LC, GC and SC Districts. For banking and retail uses, drive-throughs shall be deemed accessory uses and shall be permitted in the CO, LC, GC, SC, SM and SM-1 Districts, where those principal uses are permitted, and in the NC by special exception.
A. 
Locational standards.
(1) 
Drive-through establishments shall be prohibited within 500 feet of one another when located on and where access is on the same side of a thoroughfare, unless they share a common driveway and there is no other access from the thoroughfare to the parcel where the drive-through restaurant is situated.
(2) 
Minimum lot frontage on at least one street shall be 150 feet for all drive-through establishments, unless the drive-through establishment is located in a shopping area containing multiple buildings and shared parking facilities.
B. 
Landscaping and buffering.
(1) 
All drive-through establishments shall have a minimum buffer area of 15 feet and meet the requirements of property line buffers as set forth in § 145-24.1.
(a) 
Any drive-through establishment that is situated on a commercial property with shared roadway access and shared parking facilities shall be exempt from this buffer requirement.
(b) 
Any exterior speaker/microphone system or menu boards must be set back at least 40 feet from any perimeter property line and shall be effectively shielded to prevent the impact of noise and light on adjacent properties.
C. 
Frontage and street access. Ingress and egress shall meet the requirements of the Upper Merion Subdivision and Land Development Ordinance,[1] as well as the following:
(1) 
The subject property shall front on an arterial or collector road, and access shall not be taken from residential streets.
(2) 
All driveway entrances and exits must be set back at least 50 feet from an intersection, measured from the intersection of the street right-of-way to the nearest end of the curb radius.
(3) 
The angle of the driveway intersection with the street shall be based upon safe traffic movements and shall be approved by the Township Engineer.
(4) 
The minimum distance of any driveway entrance/exit to the property line shall be 10 feet.
(5) 
The minimum distance between driveway entrances/exits on the site shall be 65 feet, measured from the two closest driveway curbs.
[1]
Editor's Note: See Ch. 145, Subdivision of Land.
D. 
Vehicle stacking lanes.
(1) 
All stacking lanes shall be separated from the circulation lanes necessary for ingress, egress or access to required parking area(s) using landscaped islands, decorative pavement, pervious islands, curbing and/or painted lines.
(2) 
All stacking lanes shall be distinctly identified as a vehicle stacking lane for the drive-through establishment.
(3) 
All stacking lanes shall be a minimum of 12 feet in width.
(4) 
Stacking lanes may not extend into the required front yard setback and must be located a minimum of 15 feet from the perimeter rear and side property lines unless the drive-through establishment is located in a shopping area containing multiple buildings and shared parking facilities.
(5) 
All stacking lanes with separate ordering stations shall have a bypass (escape) lane a minimum of 10 feet in width located prior to the ordering station.
(6) 
The stacking lane shall be separate from the driveway and shall not be used for ingress and egress to the site.
(7) 
Stacking distance.
(a) 
Restaurant. Each stacking lane shall be a minimum of 60 feet between the ordering station and pickup window and a minimum of 100 feet before the ordering station.
(b) 
Cafe. Each stacking lane shall be a minimum of 60 feet between the ordering station and pickup window and a minimum of 60 feet before the ordering station.
(c) 
Other. Each stacking lane shall be a minimum of 60 feet before the service window or station.
(8) 
The length of the stacking lanes shall be measured along the center line of the prescribed vehicular path.
E. 
Traffic study. A traffic impact study of the internal traffic patterns in the off-street parking area shall be completed and submitted to the Township in order to ensure safe access and control of traffic into and out of the establishment and convenient access to the development and nearby areas. The traffic impact study shall address the following issues:
(1) 
Nature of the product or service being offered.
(2) 
Method by which the product or service is being offered (e.g., window service or brought to vehicle by employee).
(3) 
Time required to service the typical customer.
(4) 
Arrival rate for patrons.
(5) 
Peak demand hour.
(6) 
Anticipated vehicular stacking required.
(7) 
Anticipated traffic generation.
[Added 7-15-2021 by Ord. No. 2021-878]
Bed-and-breakfast facilities, as defined in this chapter, shall be permitted in single-family residential districts, in accordance with the following standards.
A. 
A bed-and-breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings on one or more acres.
B. 
The principal use of the property shall remain that of a single-family residential dwelling.
C. 
The owners or a representative of the owner of a bed-and-breakfast facility must be in residence when guests are present.
D. 
No more than eight guest rooms may be offered on any individual residential property.
E. 
One full bathroom, which shall include one toilet, washbasin, bath and/or shower, shall be provided for each two guest rooms.
F. 
The length of stay for any guest shall not exceed more than 14 uninterrupted days.
G. 
Accommodations at the bed-and-breakfast facility may include breakfast prepared on the premises for the guests and included in the charge for the room. No meal other than breakfast may be prepared on the premises for the registered guests. The owner shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
H. 
Any amenities such as a tennis court, swimming pool, etc., shall be solely for the use of the resident owner and guests of the facility.
I. 
The owner shall maintain a current guest register.
J. 
No goods may be publicly displayed for sale on the premises.
K. 
One additional on-site parking space shall be provided for each guest room.
L. 
Each bed-and-breakfast facility shall comply with all federal, state and local government regulations.
M. 
A bed-and-breakfast facility shall not be permitted on a road designated as a local road by the Upper Merion Township Highway Classification Map.[1]
[1]
Editor's Note: The Highway Classification Map is on file at the Township offices.
[Adopted 7-14-2022 by Ord. No. 2022-880]
A. 
Title. This section shall be known as, and may be cited as, "The Upper Merion Township Short-Term Rental Ordinance."
B. 
Scope.
(1) 
The provisions of this section shall apply to residential dwelling units, conversions of nonresidential structures to residential dwellings, and existing premises within the Township of Upper Merion. The owner of the subject property shall be responsible for compliance with the provisions of this section and the failure of an owner, agency, managing agency, local contact person, or renting occupants to comply with the provisions of this section shall be deemed noncompliance by the owner.
(2) 
This section shall not apply to property located in any residential zoning district, and short-term rentals shall be specifically prohibited in the following districts:
(a) 
R-1A Residential;
(b) 
R-1 Residential;
(c) 
R-2 Residential;
(d) 
R-2A Residential;
(e) 
R-3 Residential;
(f) 
R-3A Residential;
(g) 
R-3B Residential;
(h) 
G Residential;
(i) 
HR Residential; and
(j) 
U-R Unit Residential.
C. 
Definitions. For the purposes of this section, words and terms used herein shall be interpreted as follows:
DWELLING UNIT
A residential living area for one household that is used for living and sleeping purposes, which has its own cooking facilities, a bathroom with a toilet and bathtub and/or shower.
SHORT-TERM RENTAL
Any dwelling unit utilized as a single-family residence that is used or otherwise available for rental, leasing, or subleasing, or otherwise marketed as being available for rental, leasing, or subleasing, for the purpose of overnight lodging for a period of 29 days or less.
SHORT-TERM RENTAL PERMIT
Permission granted by the Township to utilize a dwelling unit for short-term rental use.
D. 
Permit required. No owner of any property in the Township shall operate a short-term rental in Township without first obtaining and thereafter maintaining a short-term rental permit from the Zoning Officer. Operation of a short-term rental without an active short-term rental permit is a violation of this section and the Township Zoning Ordinance. Permits may be transferable to any new owner of the property within 90 days of its issuance.
E. 
Permit requirements.
(1) 
Short-term rental permit applications shall contain all of the following information:
(a) 
The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number. If the owner uses a managing agency, agent or local contact person, then that managing agency, agent or local contact person shall have written authorization to accept service for the owner.
(b) 
The name, address and twenty-four-hour telephone number of the managing agency, agent or local contact person.
(c) 
The total number of bedrooms and maximum number of overnight guests.
(d) 
If the building is a multi-unit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
(e) 
A diagram or photograph showing the location and number of on-site parking spaces.
(f) 
If not on a central sewer system, a septic system evaluation certifying the existing system is functioning as intended and proof the tank was pumped within the past three years for approval by the Sewage Enforcement Officer. Maximum occupancy shall be limited by the capacity of the sewage disposal system.
(g) 
Proof of compliance with the Act 511 Township tax.[1]
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.
(h) 
Proof of compliance with all applicable county and commonwealth hotel occupancy taxes.
(i) 
Signatures of both the owner and the local managing agent or local contact person.
(j) 
Trespass waiver signed by the owner allowing access to the property for the Enforcement Officer for the purpose of inspection to verify compliance with this section.
(k) 
Copy of the current recorded deed for the property establishing ownership of the dwelling unit.
(l) 
The property owner shall maintain at least $500,000 in general liability insurance on a short-term rental for the full duration of the license term and provide proof of the same to the Township.
(m) 
If applicable, proof of written notice to the dwelling unit's condominium or homeowners' association, indicating the intent to make application for and use the subject residential property for a short-term rental.
(2) 
A separate short-term rental permit is required for each dwelling unit; for two-family or multifamily dwellings, a separate short-term rental permit shall be required for each dwelling unit being rented, leased, or subleased as a short-term rental.
(3) 
The dwelling unit is required to pass a life safety inspection in order to obtain a short-term rental permit.
F. 
Permit term and renewal.
(1) 
Any short-term rental permit is good for a period not to exceed one year from the date of issuance and must be renewed annually.
(2) 
Short-term rental permit renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this section.
(3) 
The initial issuance of, and each renewal of, a short-term rental permit shall require a life safety inspection by the Township. The dwelling unit shall be required to pass such inspection in order for a permit to be issued.
(4) 
The application for a short-term rental permit, or a renewal thereof, shall be accompanied by a nonrefundable permit application fee which shall defray the administrative and inspection costs of the Township in an amount set by the Board of Supervisors in the Upper Merion Township Fee Schedule.
G. 
Violations. Any violation of this section shall be subject to Article XXXVII, Miscellaneous Provisions, of the Township Zoning Ordinance.