This chapter shall not apply to any existing
or proposed building, or extension thereof, used or to be used by
a public utility, if, upon petition of the public utility, the Pennsylvania
Public Utility Commission shall, after a public hearing, decide that
the present or proposed situation of the building in question is reasonably
necessary for the convenience or welfare of the public.
[Amended 4-8-1981 by Ord. No. 702]
A. Off-street parking shall be provided for the following
uses with each parking space accessible from a street and located
on the lot on which such use is situated.
(1)
Any dwelling. Two parking spaces for each housekeeping
unit. Garages or driveways of individual units may be considered as
parking areas. No parking space shall be provided nor parking permitted
in the required front yard areas of multiple dwellings.
(2)
Multifamily Apartment District. In each Multifamily
Apartment District there shall be one parking place for each one-bedroom
apartment dwelling unit and two parking spaces for each two-or-more-bedroom
dwelling unit, plus 15% surplus parking. In no event shall there be
less than 1 1/2 parking spaces per dwelling unit for the entire
multifamily apartment development.
[Added 7-12-1989 by Ord. No. 771]
(3)
Retail store or shop, including, without limitation, dispensary
facilities. One parking space for each 100 square feet of total floor
area.
[Amended 4-12-2017 by Ord. No. 950]
(4)
Restaurant. One parking space for each 50 square
feet of total floor area.
(5)
Office. One parking space for each 200 square
feet of total floor area.
(6)
Shopping center. Five and one-half parking spaces
for each 1,000 square feet of total leasable area.
(7)
Hotel, motel, rooming house or tourist home.
One parking space for each rental unit, plus one parking space per
employee on the largest shift.
(8)
Church, auditorium or other place of public
assemblage. One parking space for every 50 square feet of total floor
area.
(9)
Hospital. One parking space for every bed, plus
one parking space per employee on the largest shift.
(10)
Library or museum. One parking space for each
800 square feet of floor area devoted to public use.
(11)
Nursing home. One parking space for every 10
occupants, plus one parking space per employee on the largest shift.
(12)
Manufacturing, warehouse or grower/processor facility. One parking
space for each 400 square feet of total floor area or one space per
employee on the largest shift, whichever is greater.
[Amended 4-12-2017 by Ord. No. 950]
(13)
Motor vehicle sales. One parking space for each
500 square feet of total indoor sales floor area, plus one parking
space for each 5,000 square feet of outside sales area for customer
parking, plus three parking spaces per service bay.
[Added 9-13-1995 by Ord. No. 811]
(14)
Other uses. For uses other than those mentioned
above, one parking space for each three persons of the design capacity
based on the table of maximum floor area allowance per occupant in
the latest edition of the Building Officials and Code Administrators
Code.
B. If any change in a building or use thereof shall occur that would increase the number of units, employees, seating capacity or floor area, an increase in off-street parking spaces in compliance with the regulations set forth in §
114-134A will be required. When a building or premise is occupied or used for two or more uses, the total number of spaces required shall be the sum of the spaces required for each use.
C. Parking areas shall be paved with a dust-free, all-weather
surface. Each individual parking space shall be a minimum of 10 feet
in width by 20 feet in length and designed to permit ingress to and
egress from the parking space without the moving of other vehicles.
Private homes, apartments and Multifamily Apartment District dwellings
may have parking spaces with a minimum of nine feet in width by 18
feet in length, and two feet of the length may overhang landscaping
areas as long as concrete curbs are utilized for each such space.
[Amended 7-12-1989 by Ord. No. 771]
D. Parking reserve areas. Parking areas for nonresidential
uses may include a designated parking reserve area according to the
following requirements:
(1)
The application shall be filed by the affected
lot owner with the Township Zoning Officer and shall be accompanied
by a plan showing the location of all proposed paving, parking reserve
areas, accessways and buildings.
(2)
As a means of minimizing water runoff from excessive ground paving, a maximum of 50% of the aggregate number of spaces required according to the provisions of §
114-134A herein may be incorporated in a landscaped ground level parking reserve area if the applicant can demonstrate that the demand for parking generated by the proposed development will be less than that required.
[Amended 9-13-1995 by Ord. No. 811]
(3)
Regardless of the number of spaces actually
developed, a parking area to accommodate the aggregate number of parking
spaces normally required shall be fully designed, and the area which
is proposed to be eliminated shall be shown as "parking reserve area."
Such area shall be required to be developed as designed if and when
the Board of Commissioners determines the need. Upon determination
of the need to develop the reserve parking, the property owner shall
be required to execute an agreement and post financial security sufficient
to cover the cost of the required improvements as prescribed by the
Township.
[Amended 9-13-1995 by Ord. No. 811]
(4)
The parking area shall be so designed that the
maximum permissible impervious coverage would not be exceeded in the
event that the entire parking area, including reserve area, is subsequently
developed. All reserve areas not utilized for parking shall be landscaped
according to a plan submitted to and approved by the Board of Commissioners.
[Amended 9-13-1995 by Ord. No. 811]
E. Access regulations. The following street regulations
shall apply to all lots developed for multifamily or nonresidential
purposes:
(1)
Accessways leading onto a public street shall
be built to the dimensional requirements specified in § 13-55
of the Building Code.
(2)
Accessways shall be spaced a minimum of 50 feet
on center on any lot. In addition, accessways shall be spaced a minimum
of 50 feet on center from existing accessways on adjacent properties
whenever feasible. When this is not feasible, common drives and/or
the use of shared parking facilities shall be encouraged.
(3)
A maximum of one accessway to a public street
shall be permitted for lots with less than 100 feet of frontage, except
for a corner lot which may have an accessway on each street.
(4)
Corner lots or groups of lots with shared parking that front
on two streets shall not have two points of access onto one street
and none on the other, unless the placement of the second access point
can be directed to a traffic signal.
[Amended 11-30-2015 by Ord. No. 937]
F. Design requirements.
[Amended 7-12-1989 by Ord. No. 771; 7-8-1992 by Ord. No.
786]
(1)
All parking lots and loading areas shall be provided with a perimeter screening buffer a minimum of 10 feet in width along all property boundaries, as specified in §
95-11I of Chapter
95, Subdivision of Land.
(2)
Any off-street parking area designed for 10 or more cars shall be provided with internal landscaping in accordance with the requirements of §
95-11I of Chapter
95, Subdivision of Land.
G. Handicapped accessible parking requirements. The following
parking requirements shall apply to all parking lots developed for
multifamily or nonresidential purposes and shall be considered towards
fulfilling the overall required parking:
[Added 7-12-1989 by Ord. No. 769]
(1)
Quantity:
Total Parking Spaces Provided
|
Minimum Handicapped Accessible Spaces
|
---|
Up to 9
|
*
|
10 to 50
|
1
|
51 to 75
|
2
|
76 to 100
|
3
|
101 to 150
|
4
|
151 to 200
|
5
|
201 to 300
|
6
|
301 to 400
|
7
|
401 to 500
|
8
|
501 to 1,000
|
2% of total
|
*NOTE: Accessible ramp is required where grade,
curb or obstruction exists.
|
(2)
Size and location.
(a)
Each accessible parking space shall be a minimum
size of 12 by 20 feet and shall be located as close as possible to
the most handicapped accessible building entrance.
(b)
The accessible parking space and the surrounding
area shall be as flat as possible, allowing for proper drainage (maximum
three-percent slope recommended).
(3)
Identification.
(a)
Each accessible parking space shall be identified
by a permanently affixed reflectorized sign mounted four to five feet
above grade displaying the international sign of accessibility.
(b)
The surface of each accessible parking space
shall have a surface identification duplicating the symbol of accessibility
and four-inch parking stall lines in handicapped blue paint.
(4)
Ramps.
(a)
There shall be a minimum of one ramp for each
building where grade, curbing or any obstruction makes it necessary
to render the building accessible.
(b)
Where grade, curbing or any obstruction necessitates
the use of a ramp, such ramp shall be a minimum of three feet in width
with safety railing or curb. Said ramp shall be marked with caution-warning
paint.
(c)
The gradient of the ramp shall not exceed a
maximum slope of one unit vertical to 10 units horizontal.
(d)
Ramps shall not encroach into any parking space.
[Amended 3-10-1965 by Ord. No. 521; 9-9-1987 by Ord. No.
750]
A. Front yards. Fences located within the front yard
shall not exceed four feet in height. However, a five-foot fence may
be erected if set back 10 feet from the property line, curb or edge
of paving, whichever creates the greatest setback. In addition, a
six-foot fence may be erected if set back 15 feet from the property
line, curb or edge of paving, whichever creates the greatest setback.
B. Side and rear yards. Fences located within the side
or rear yards shall not exceed six feet in height.
C. Exceptions. Where any ordinance or ordinances of the
Township or regulations thereunder now in effect or hereafter passed
or promulgated shall require a fence of a different height or nature
than herein specified, for special situations, such other ordinance
or ordinances or regulations thereunder shall control rather than
the provisions of this section. The provisions of this section shall not pertain to retaining
walls or walls of a building. No fence may be erected or maintained
which creates a safety hazard as determined by the Springfield Township
Police Department.
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.
[Added 9-14-1983 by Ord. No. 717]
A. Intent; regulations.
(1)
Intent of section. No private sale or private
auction shall be conducted within or upon any private premises in
the Township of Springfield except in conformance with the provisions
of this section.
(2)
Permit required. No private sale or private
auction shall be conducted on private premises within the Township
of Springfield unless a permit shall have first been issued by the
Zoning Officer permitting same.
(3)
Hours. No private sale or private auction shall
be conducted on private premises within the Township of Springfield
except between the hours of 9:00 a.m. and sunset on the days for which
a permit is issued. No permit shall be issued for more than two consecutive
days.
(4)
Temporary buildings or shelters prohibited.
No temporary buildings or other shelters shall be brought or constructed
upon any private premises for the purpose of being used in conjunction
with the private sale or private auction.
(5)
Display area restricted. No goods or wares shall
be exhibited or displayed in the public street, sidewalk area or any
other public right-of-way.
(6)
Outdoor storage prohibited. No goods, wares or other items described in the definition of private sales or private auctions in §
114-21 of this code shall be stored or accumulated in or upon any yard, grounds, walkway, driveway, open porch, open patio or steps of any private premises, except on the days and during the hours for which a permit has been issued pursuant to the provisions of this section.
(7)
Refrigerators and iceboxes to have doors detached.
No refrigerator or icebox having a capacity of 1 1/2 cubic feet
or more, with an attached lid or door which may be opened and fastened
shut by means of an attached latch, lock or other similar device,
shall be displayed, offered for sale or sold at a private sale or
private auction unless the attached lid or door shall first be removed
and detached therefrom.
(8)
Applicability. Nothing herein contained shall
apply to a sale held under a judicial order, judgment or decree or
to a writ issuing out of any court or to a sale to enforce any lawful
lien or power of sale or to the incidental sale of items of personal
property through classified ads, provided that such items are not
displayed for sale on private premises.
(9)
Application for permit. Upon filing written
application with the Zoning Officer stating the date and place where
the private sale or private auction is to be conducted and the type
of merchandise to be sold, the Zoning Officer shall issue a permit
authorizing same.
(10)
Limitation on permits. No more than one permit
shall be issued for any one location during a six-month period.
B. Any person, firm or corporation who shall violate
any of the provisions of this section shall, upon conviction thereof,
be sentenced to pay a fine of not more than $300 and costs of prosecution.
[Amended 4-9-1980 by Ord.
No. 694; 12-13-1995 by Ord. No. 814; 4-13-2005 by Ord. No. 871; 9-12-2018 by Ord. No. 955]
A. The lawful use of a building or premises, which use is existing at
the time the applicable ordinance became effective or is authorized
by a building permit issued prior thereto, may be continued although
such use does not conform to the provisions of this chapter. If such
nonconforming use is discontinued for 12 consecutive months, however,
a rebuttable presumption shall be established that such nonconforming
use has been abandoned. Such presumption may be challenged by application
and appeal to the Zoning Hearing Board, and the landowner must present
sufficient evidence at a hearing to prove to the Zoning Hearing Board
that the preexisting nonconforming use was not intentionally abandoned.
B. A lawful nonconforming use of a building or land may be changed to another, less intensive nonconforming use when authorized as a special exception. In addition to demonstrating compliance with the special exception criteria contained in §
114-165 of the Code, the applicant shall also establish that:
(1)
The proposed nonconforming use on the property is less intensive
than the lawful nonconforming use existing on the property beforehand;
(2)
No enlargements in or additions to such building or the nonconforming
area are proposed; and
(3)
The new, less intensive nonconforming use does not result in
any newly created ancillary nonconformities.
C. Whenever a nonconforming use of a building or land has been changed
to a less intensive nonconforming use or a conforming use, all rights
to such previous nonconforming use shall hereinafter be considered
permanently discontinued and abandoned.
D. A lawful, nonconforming use of a portion of a building or land may
be expanded within that building or land area by special exception,
provided that such expansion:
(1)
Complies with the special exception criteria contained in §
114-165 of the Code;
(2)
Does not require any structural alterations; and
(3)
Is no greater than 25% of the gross square footage area devoted
to the nonconforming use when such use initially became nonconforming.
E. A nonconforming building which is damaged by fire, explosion or an
act of God may be repaired or rebuilt and used for the same purpose,
provided that:
(1)
The reconstruction of the building is commenced within one year
from the date the building was damaged and is carried through to completion
without undue delay.
(2)
The reconstructed building does not exceed in height or in area
the building damaged.
F. A nonconforming use of a building may not be changed otherwise than
as provided in this section.
G. Any new stories or other vertical expansion erected on a nonconforming
structure shall be constructed to fulfill all building setback requirements,
including, but not limited to, front yard, rear yard, side yard, area
requirements, height limitations and special requirements, and all
other applicable regulations of the zoning district in which the structure
is located, which regulations shall be applied (except as to height
restrictions) on the level upon which such new stories are being erected.
Otherwise, a variance, for each regulation with which the vertical
expansion does not comply, must be approved by the Zoning Hearing
Board.
In the case of a plot of land, a plan for the
subdivision of which has, prior to the time this chapter becomes effective,
been duly approved by the Township Board of Commissioners and duly
recorded in accordance with the rules, regulations, and ordinances
lawfully in effect in this Township at the time of said approval and
recording, the owner or developer of such plot of land, or any portion
thereof, may apply to the Zoning Hearing Board for a special exception
to the provisions of this chapter governing minimum lot and building
areas, front yards, side yards and rear yards, where it appears that
literal enforcement of such provisions will render impracticable the
carrying out of such plan for subdivision and will result in undue
hardship; and the owner or developer of such plot of land, or any
portion thereof, may apply to the Zoning Hearing Board for a special
exception to the provisions of this chapter governing business use,
where the area covered by the request for a special exception was
plotted for business use in conformity with the rules, regulations
and ordinances lawfully in effect at the date of the approval of said
plan by the Board of Commissioners, and where it appears that literal
enforcement of the provisions of this chapter will render impracticable
the carrying out of said plan and will result in undue hardship. In
any proceeding before the Zoning Hearing Board under this section,
said Board shall have power to grant a special exception to said provisions
of this chapter, with respect to the whole of such plot of land or
any portion thereof.
[Added 10-14-1981 by Ord. No. 706]
It is hereby declared to be the intent of this
section to permit, as a conditional use, the conversion of existing
school buildings in the Township to office use when the Board of Commissioners
determines, through the application of the criteria and standards
set forth below, that such use will not have an adverse effect upon
the character of surrounding residential development or the health,
safety and welfare of Springfield Township, in general.
A. Definition of "school building." For purposes of the
application of this section, a "school building" shall mean any existing
building last lawfully used for public, parochial or private elementary
or secondary educational purposes, excluding, however, buildings used
for nursery schools and day-care centers or other similar activity.
B. Conditional office use. The Board of Commissioners,
after having received recommendations by the Planning Commission,
may permit, as a conditional use, the conversion of a school building
and a designated lot for use as business and professional offices
in any residential district, upon a determination that such use will
be consistent with the criteria hereinafter set forth. Such use may
be permitted subject to compliance with standards, requirements and
conditions which are consistent with the following criteria and development
standards.
C. General criteria.
(1)
Restricted use. When permitted as a conditional
use pursuant to this section, a school building may be converted for
use as business and professional offices only, and for no other use.
No manufacturing, storage, warehousing or public display or sales
of goods or merchandise (either at wholesale or retail) other than
by mail or telephone may be conducted within the school building or
upon the lot on which the school building is located.
(2)
Character of the surrounding area. The effect
of the proposed conversion on surrounding properties shall be considered.
The proposed conversion shall be such as will neither have an adverse
effect on the neighborhood by reason of noise, glare or other noxious
elements injurious to the use and enjoyment of other properties in
the immediate vicinity for the purposes already permitted in the Zoning
District nor substantially diminish or impair property values within
the neighborhood.
(3)
Public facilities and services. The proposed
use shall be such as will not create a substantial increase in demand
for Township facilities and services, including but not limited to
sewage disposal, trash disposal, storm drainage, public transportation
and fire and police protection.
(4)
Traffic. The existing road system must be able
to accommodate, in a safe and efficient manner, the peak traffic to
be generated by the proposed use. The traffic to be so generated shall
not be such as to create significant increases in volumes of traffic
in surrounding residential areas. In order to evaluate this factor,
the Board of Commissioners may require the applicant to provide a
traffic impact statement in accordance with the following standards:
(a)
A traffic impact study shall present sufficient
information to enable the Township to assess the effect of the proposed
use on the roads within the Township. The study must demonstrate that
the proposed use will not adversely affect surrounding areas or traffic
circulation generally in the Township or else identify any traffic
problems that might be caused or aggravated by the proposed use and
delineate solutions to those problems. Based upon the findings of
the study, the Board of Commissioners may require other improvements,
both on-site and off-site, which would alleviate hazardous or congested
situations attributable in substantial part to the proposed use, as
a condition of approval.
(b)
The traffic impact study shall be prepared for
a study area extending a minimum of 1/2 mile on all abutting roads
from the boundaries of the subject site. This area may be modified
at the discretion of the Board of Commissioners.
(c)
The traffic impact study shall be prepared by
a qualified traffic engineer who possesses the credentials outlined
for a Municipal Traffic Engineer defined in the Pennsylvania Code,
Chapter 612, entitled "Municipal Traffic Engineering Certification."
D. Development standards. Each conversion and use which
is permitted pursuant to this section shall be designed, constructed
and conducted in such a manner as to comply with the following standards
and conditions:
(1)
Buffer area. There shall be a screen buffer
at least 10 feet in depth along all property lines which shall be
planted in accordance with a plan approved by the Township Planning
Commission.
(2)
Access. A planned system of efficient ingress,
egress and internal circulation of traffic which shall minimize any
interference with nearby traffic flow shall be required. Loading and
unloading areas shall be provided where deemed necessary and shall
be located to the rear of the proposed use and effectively screened
from abutting residential districts. Such areas shall be so arranged
that they may be used without blockage or interference with the use
of accessways or automobile parking areas.
(3)
Lighting. Lighting shall be arranged in a manner
which will protect adjacent highways and neighboring properties from
unreasonable direct glare or hazardous interference of any kind.
(4)
Solid waste disposal. A plan for weekly disposal
of solid waste material shall be required. All solid waste material
shall be stored in covered containers. No solid waste shall be stored
within 15 feet of any property line. Refuse collection areas shall
be shielded from the direct view of any adjacent property by walls
which measure a minimum of six feet in height.
(5)
Parking. Off-street parking facilities shall
be provided and maintained in accordance with the following requirements:
(a)
Parking spaces shall be provided according to the requirements set forth in §
114-134 of the Code.
(b)
Parking areas shall be buffered from all buildings
by a minimum of 10 feet of landscaped open space.
(6)
Signs. One nonilluminated sign containing not
in excess of 32 square feet of area in the aggregate, no part of which
shall be more than eight feet in height, shall be permitted.
(7)
Maintenance of open space. Open space shall
be preserved as such whenever possible, and appropriate measures to
ensure proper maintenance shall be taken.
(8)
Hours of operation. Hours of office operation
shall be restricted so as to not interfere with surrounding residential
areas.
(9)
District requirements. All dimensional and other
requirements for the zoning district in which the school building
is located shall apply, except as specifically provided to the contrary
in this section.
(10)
Exterior dimensions. No change in the exterior
dimensions of a school building shall be permitted except for minor
changes related to the construction of such bays, porches, vestibules
and similar architectural features which shall not, in the aggregate,
change any dimension by more than 5%.
E. Additional conditions; waiver. The Board of Commissioners
may, at its discretion, attach additional conditions to the approval
of a conditional use application for the conversion of a school building
to office use, provided that such conditions are reasonably related
to the criteria and development standards established herein. If the
applicant can demonstrate to the reasonable satisfaction of the Board
of Commissioners that the strict application of any of the above development
standards is unnecessary to meet the intent and general criteria of
this section, the Board of Commissioners may waive or modify the applicability
of such standards to the particular conversion project. Any request
for such modification or waiver, together with a summary of the basis
for such request, shall be submitted to the Board of Commissioners
in writing.
F. Procedure for consideration of a conditional use application.
An application for the conversion of a school building to office use
as a conditional use pursuant to this section shall be applied for
and considered by the Board of Commissioners according to the following
procedures:
(1)
Application. An application shall be submitted
in writing to the Township and shall include the following:
(a)
A plot plan of the lot showing the location
of all present and proposed buildings, drives, parking lots and other
construction features on the lot and all buildings, streets, alleys,
easements, rights-of-way, highways, streams and other topographical
features of the lot and within 200 feet of any lot line.
(b)
Architectural renderings or sketches of the
school building showing any proposed modifications.
(c)
A description of the proposed office operation
in sufficient detail to permit the evaluation of the compliance or
noncompliance of these operations with the criteria and standards
of this section.
(d)
Engineering and architectural plans for the
handling of any excess traffic congestion, noise, glare or safety
hazard.
(e)
Engineering and architectural plans for the
treatment and disposal of sewage.
(f)
Any other pertinent data that the Planning Commission
or the Board of Commissioners may require.
(2)
Distribution of plans. The Board of Commissioners
shall submit copies of the plan to the Township Planning Commission,
the Township Engineer, the Zoning Officer, the Montgomery County Planning
Commission and other public agencies for advice and comment as part
of the Board's review.
(3)
Hearing. The Board of Commissioners shall hold
a public hearing on each application, pursuant to public notice, within
60 days after the meeting at which the proposal is first presented.
(4)
Communication of determination. The Board of
Commissioners shall, by written communication mailed to the applicant
within a reasonable time following the conclusion of the public hearing
provided for in this section, either grant approval of the conditional
use application as submitted, grant approval of such use subject to
specified additional conditions not inconsistent with the criteria
and standards set forth in this section as the Township Commissioners
shall specify or deny approval of the application.
G. Ratification of zoning code. This chapter shall be construed to amend the Zoning Code to permit the conversion of school buildings under the limited circumstances set forth above only. In all other respects, Chapter
114, Zoning, is hereby ratified and reaffirmed.
[Added 10-10-2018 by Ord.
No. 956]
No-impact home-based businesses, as defined in §
114-21 of this chapter, shall be permitted in all zoning districts which permit residential uses. The no-impact home-based business or commercial activity shall satisfy the following requirements:
A. Business activity. The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
B. Workers. The business shall employ no employees other than family
members residing in the dwelling.
C. Building appearance and storage. There shall be no display or sale
of retail goods and no stockpiling or inventory of a substantial nature.
D. Building appearance and signs. There shall be no outside appearance
of a business use, including but not limited to parking, signs or
lights.
E. Nuisance prohibited. The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
F. Waste. 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. Location and size. The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
H. Prohibited uses. The business may not involve any illegal activity.
[Added 7-13-2011 by Ord. No. 912]
A. Purpose and intent. The purpose of this section is to allow portions
of the pubic sidewalk and areas of private property adjacent to the
public sidewalk bordering an eating establishment to utilize the above
noted area to provide accessory services to promote the creation of
an attractive pedestrian environment for businesses during the day
and evening that will foster a pleasant and distinctive ambiance within
the Township. The regulations contained in this section are established
in order that the subject activity will be conducted in such a manner
to ensure that the health, safety and welfare of the residents of
the Township are protected.
B. License required.
(1)
No person or persons shall engage in or allow a sidewalk cafe
to be established on private property or on a public sidewalk without
first obtaining a seasonal sidewalk cafe license.
(2)
An application for the seasonal sidewalk cafe license shall
be filed annually with the Springfield Township Code Enforcement Department
on forms supplied by the Township. The forms shall require the following
information, and such additional information as deemed necessary by
the Township:
(a)
Name of applicant and address.
(b)
Name and address of eating establishment where the sidewalk
cafe is to be maintained.
(c)
A description of the dimensions of the area and the number of
tables and seats to be used within the sidewalk cafe.
(d)
Written consent of the owner of the premises, if other than
the applicant.
(e)
A certificate of insurance providing at least $1,000,000 of
comprehensive general liability, extending premises coverage to all
activities associated with the sidewalk cafe on both private and public
property. Springfield Township shall be listed as an additional insured
with respect to the activities of the sidewalk cafe. The Township
shall receive immediate notification of cancellation of required insurance
coverage.
(f)
An annual fee in the amount of $50 shall accompany the application.
Springfield Township will set future license fees by way of resolution
adopted by the Board of Commissioners.
C. License terms and conditions.
(1)
A seasonal sidewalk cafe license shall be valid from April 15
until October 15 of a given year. A new license must be obtained for
each year of operation.
(2)
A sidewalk cafe license is not transferrable.
(3)
The license shall be displayed in a conspicuous place on the
premises.
(4)
All other related licenses and permits from authorities associated
with regulating restaurants, eating establishments or food preparation
facilities shall also include permission for the conduct of a sidewalk
cafe. The regulating authorities include but are not limited to the
Montgomery County Department of Health, the Pennsylvania Liquor Control
Board and the Pennsylvania Department of Agriculture.
D. Regulations.
(1)
The operation of a sidewalk cafe pursuant to a license issued
under this chapter shall be subject to all the following regulations:
(a)
Any use of the public sidewalk area must not inhibit pedestrian
traffic on the public sidewalks and an area must be open and unobstructed
for free pedestrian traffic between the closest edge of the cafe and
the curbline, which unobstructed area shall have a minimum width of
the greater of six feet or half of the sidewalk width.
(b)
Outdoor cafes may operate during regular business hours of the
primary establishment, but no earlier than 8:00 a.m. and no later
than 10:00 p.m. The license agreement shall be for seasonal outdoor
dining from April 15 through October 15.
(c)
The outdoor dining may be located on the public sidewalks adjacent
to or abutting the primary establishment and shall not extend any
further than the actual street frontage of the operating establishment.
(d)
The establishment shall not place anything in an alleyway, sidewalk
or walkway in such a manner as to block these access ways or any building
entrance or egress. It shall be unlawful to obstruct or reduce in
any manner the clear width of any exit or discharge passage way. This
area is determined by the clear width opening of the entrance, or
egress doors. The clear passage way shall be as straight as possible
leading directly to the street.
(e)
Furnishings for the outdoor seating area shall consist solely
of moveable tables, chairs and decorative accessories. Furnishings
must be kept in a state of good repair and in a clean and safe condition
at all times.
(f)
Awnings shall be adequately secured and retractable. Umbrellas
over tables must be adequately weighted.
(g)
Tables, chairs and other furnishings or accessories may be left
in place over night during seasonal operations, but shall be removed
from the sidewalk and exterior of the premises and stored indoors
whenever outdoor dining is not in seasonal operation. It shall be
the responsibility of the licensee to secure furnishings and accessories
that are left in place overnight during the season.
(h)
Outdoor heaters, busing stations, and food preparation stations
shall not be permitted in the outdoor cafe facility.
(i)
The floor surface of all areas used for seasonal sidewalk cafe
operation shall be constructed of concrete or other approved surfaces
in order that the area can be washed and kept in a sanitary condition.
The surface shall be at the same elevation as the public sidewalk,
and any exceptions must be approved by the Township Code Enforcement
Department.
(j)
No sign shall be allowed in any outdoor cafe except for the
name of the establishment on the awning or umbrella fringe. One framed
menu board may be displayed within the area of the outdoor dining
mounted on an easel or other easily removable fixture. The menu board
shall not exceed six square feet.
(k)
The establishment shall not place any table, sign, umbrella
or any item in such a manner that would block any municipal signs,
receptacles for garbage, public benches, fire hydrants, utility poles
or other public amenities.
(l)
Unless the primary establishment maintains a license to serve
alcoholic beverages within the primary establishment, alcohol service
or consumption is prohibited in the outdoor cafe area.
(m)
Service to drivers or passengers of vehicles is prohibited.
All customers must be seated throughout their time of service.
(n)
The sidewalk area utilized by the sidewalk cafe shall be kept
clean and free of litter, and shall be washed as necessary. To reduce
litter, the exterior tables may not be pre-set with linens, paper
products, plastic eating utensils or other materials that may be blown
off the premises.
E. Related terms of operations.
(1)
Springfield Township retains the right to temporarily suspend
a sidewalk cafe license to allow for construction activity, utility
repairs, special events or for other reasons deemed appropriate by
the Township. The Township will afford as much advance notice to the
licensee as possible.
(2)
The accessory exterior sidewalk cafe seating shall not exceed
25% of the approved number of interior seats of the primary establishment.
To the extent there is no interior seating at the primary establishment,
the exterior sidewalk cafe seating area is limited to eight seats.
(3)
No additional off-street parking is required for exterior sidewalk
cafe uses for the first eight seats provided at the exterior cafe
seating area. To the extent the establishment provides more than eight
exterior seats, provisions of the Springfield Township Zoning Code
related to off-street parking requirements shall prevail.
F. Suspension and revocation of license. Any license may be suspended
or revoked for good cause by the Code Enforcement Department, including
but not limited to a misrepresentation of the information supplied
in the application, the conviction of a crime, a violation of any
ordinance, statute or government regulation, or a violation of this
chapter.
G. Enforcement. The Springfield Township Code Enforcement Department
or the Springfield Township Police Department may enforce the provisions
of this chapter.
H. Violations and penalties. Any violation of the provisions of this
section shall be punishable by a fine not to exceed $500. Each day
the violation shall continue after a notice and reasonable opportunity
to correct or remedy the violation shall constitute a separate violation.