[Amended 10-19-1989 by Ord. No. 662; 1-12-1993 by Ord. No. 703; 10-11-1994 by Ord. No. 715; 12-13-1994 by Ord. No. 717; 6-11-1996 by Ord. No. 728; 2-10-1998 by Ord. No. 737; 5-12-1998 by Ord. No. 740; 2-11-2003 by Ord. No. 774; 9-14-2004 by Ord. No. 779; 11-13-2007 by Ord. No. 796; 3-11-2025 by Ord. No. 862]
Within the R-1 One-Family Residential District, the following regulations apply:
A. 
Permitted uses.
(1) 
Permitted uses shall be as follows:
(a) 
One-family detached dwelling.
(2) 
Uses permitted by special exception shall be as follows:
(a) 
Public school or private school having a curriculum similar to that ordinarily given in a public school, including religious instruction in parochial schools.
(b) 
Church or similar place of worship.
(c) 
Convent, monastery, rectory or parish house to be occupied by not more than 10 persons.
(d) 
Public recreation (Borough, county or state) area, including municipal park.
(e) 
Government building and/or government use for a Borough office, fire station, police station, maintenance shed and/or equipment storage area, provided that a substantial purpose of the building or use is to deliver the citizens of Westmont Borough fire protection, police protection or local government services.
(f) 
Group home facilities as specified in § 225-45.1.
(3) 
Accessory uses. Accessory uses are customarily incidental to any of the above permitted uses and include the following:
(a) 
Private garage.
(b) 
Garage, shed or building for domestic storage.
(c) 
Fence or ornamental wall not to exceed six feet in height may be erected in the rear and side yard only. A fence cannot be erected in the front yard unless it is ornamental in design and less than 42 inches in height. See § 225-6, "ornamental fence." No fence shall obstruct or interfere with the visibility of vehicular traffic on the abutting streets or alleys, or with the visibility of vehicular traffic from a driveway on the owner's lot or any adjacent lot.
(d) 
Cultivation of plants, noncommercial only (no permit required).
(e) 
Home occupation: home office.
(f) 
Gazebo, garden house or children's playhouse.
(g) 
Parking of accessory vehicles as further specified in § 225-42D.
(h) 
Front yard parking, as further specified in § 225-47F; permit required.
(i) 
Swimming pool: storable, having protective fencing and meeting setbacks as set forth in § 225-45B(2) and (4).
(4) 
Accessory uses permitted by special exception shall be as follows:
(a) 
Private swimming pool: permanently installed, appurtenant to a dwelling as per § 225-45.
(b) 
Private (noncommercial) greenhouse.
(c) 
Dog or similar domestic pet housing.
(d) 
Home occupation: home business.
B. 
Nonpermitted uses shall be as follows:
(1) 
Surface mining.
(2) 
Commercial and industrial establishment.
(3) 
Deep mining facility.
(4) 
The keeping of livestock.
(5) 
Helicopter landing area.
(6) 
Other activities that are deemed damaging to the purpose of this chapter.
C. 
Height. The maximum height of buildings hereafter erected or altered shall be as follows:
(1) 
One-family detached dwelling: 35 feet or 2 1/2 stories.
(2) 
Church or similar place of worship: 45 feet for the principal building and 75 feet for steeples or towers.
(3) 
Accessory building: 20 feet.
(4) 
Any other permitted building: 35 feet or 2 1/2 stories.
D. 
Lot area. The minimum lot area for every building hereafter erected or altered shall be as follows:
(1) 
One-family detached dwelling, convent, monastery, rectory or parish house: a minimum of 11,250 square feet and a width at the building line of not less than 75 feet.
(2) 
Church or similar place of worship: 1 1/2 acres and a width at the building line of not less than 200 feet.
(3) 
Public or private school.
(a) 
Elementary school: ten acres plus one acre for every 100 students at design capacity.
(b) 
Junior high school: 20 acres plus one acre for every 100 students at design capacity.
(c) 
High school: 35 acres plus one acre for every 100 students at design capacity.
E. 
Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained, or the present average setback is applicable under Subsection J of this section, in connection with such building, structure or enlargement:
(1) 
Front yard: not less than 40 feet.
(2) 
Side yard: on each side, not less than 7 1/2 feet in width, free from all encroachments such as overhanging eaves and cornices, porches, steps, cellar doors, etc., on each side of a one-family dwelling, unless, prior to the effective date of this chapter, lots have been accepted by the Westmont Borough Council with less than 75 feet of frontage on any Borough street, and in that event, the side yard on each side of a one-family dwelling shall be equal to 10% of the amount of the foot frontage of the lot, but in no event shall be less than five feet. Side yards on corner lots shall be 15 feet clear of all encroachments on the street side. Side yard fences are allowed to sit on side yard property lines.
(3) 
Rear yard.
(a) 
There shall be a rear yard of not less than 25% of the depth of the lot at the ground level.
(b) 
Accessory buildings and private garages may occupy not more than 35% of the required area of the rear yard. The yard area occupied by such accessory buildings shall, however, be included in computing the percentage of the lot area which may be built upon in a given zone.
(c) 
No private garage or other accessory buildings shall be nearer to a rear or side property line than 10 feet unless otherwise permitted in side yard requirements of this Article. No garage or other accessory building shall be placed nearer to a rear lot line which serves as a side line of an adjoining property than 10 feet. Nothing contained herein, however, shall prevent the construction of a private garage as a structural part of a dwelling, provided that, when so constructed, the garage walls shall be regarded as any other walls of the main building in applying the front, side and rear yard requirements of this chapter.
F. 
Percentage of lot coverage. All buildings, including accessory uses, shall cover not more than 20% of the area of the lot.
G. 
Dwelling standards. Every one-story dwelling hereafter erected or altered shall have a floor area of not less than 1,400 square feet. Every dwelling of more than one story hereafter erected or altered shall have a total floor area of not less than 1,800 square feet.
H. 
Off-street parking facilities shall be provided as required or permitted under Article X.
I. 
Present average setback shall be as follows:
(1) 
The present average setback shall be the average distance of setback from the front street line of the nearest main building or buildings within 100 feet on each side of the street. Where no main building exists within 100 feet of either side of the building to be erected, the present average setback shall be the average distance of setback from the front street line of all main buildings within the block.
(2) 
No building shall extend nearer to a front street line than the present average setback, and in no event less than 35 feet back from the street line.
(3) 
In no case, however, shall a building be required to be set back more than 60 feet from the street line during the application of this present average setback. Otherwise, the requirements of § 225-17F shall control.
Within the R-2 Multiple-Family (Low-Density) Residential District, the following regulations shall apply:
A. 
Permitted uses.
[Amended 10-13-1992 by Ord. No. 698; 1-12-1993 by Ord. No. 703; 12-13-1994 by Ord. No. 717; 6-11-1996 by Ord. No. 728; 2-10-1998 by Ord. No. 737; 5-12-1998 by Ord. No. 740; 2-11-2003 by Ord. No. 774]
(1) 
Permitted uses shall be as follows:
(a) 
One-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Multiple-family dwellings and apartments with not more than six dwelling units in one structure.
(2) 
Uses permitted by special exception shall be as follows:
(a) 
Public school or private school having a curriculum similar to that ordinarily given in a public school, including religious instruction in parochial schools.
(b) 
Church or similar place of worship.
(c) 
Convent, monastery, rectory or parish house to be occupied by not more than 10 persons.
(d) 
Public recreation (Borough, county or state) area, including municipal park.
(e) 
Government building and/or government use for a Borough office, fire station, police station, maintenance shed and/or equipment storage area, provided that a substantial purpose of the building or use is to deliver the citizens of Westmont Borough fire protection, police protection or local government services.
(f) 
Group home facilities as specified in § 225-45.1.
(g) 
Conversion apartments for family occupancy.
(h) 
Efficiency apartments.
(3) 
Accessory uses. Accessory uses are customarily incidental to any of the above permitted uses and include the following:
(a) 
Private garage.
(b) 
Garage, shed or building for domestic storage.
(c) 
Fence or ornamental wall not over six feet in height (rear and side yard only).
(d) 
Cultivation of plants, noncommercial only (no permit required).
(e) 
Home occupation: home office.
(f) 
Gazebo, garden house or children's playhouse.
(g) 
Parking of accessory vehicles as further specified in § 225-42D.
(h) 
Front yard parking, as further specified in § 225-47F; permit required.
[Added 9-14-2004 by Ord. No. 779]
(i) 
Swimming pool: storable, having protective fencing and meeting setbacks as set forth in § 225-45B(2) and (4).
[Added 11-13-2007 by Ord. No. 796]
(4) 
Accessory uses permitted by special exception shall be as follows:
(a) 
Private swimming pool: permanently installed, appurtenant to a dwelling as per § 225-45.
[Amended 11-13-2007 by Ord. No. 796]
(b) 
Private (noncommercial) greenhouse.
(c) 
Dog or similar domestic pet housing.
(d) 
Home occupation: home business.
B. 
Nonpermitted uses shall be as follows:
[Amended 10-13-1992 by Ord. No. 698]
(1) 
Surface mining.
(2) 
Commercial and industrial establishment.
(3) 
Deep mining facility.
(4) 
The keeping of livestock.
(5) 
Helicopter landing area.
(6) 
Other activities that are deemed damaging to the purpose of this chapter.
C. 
Height shall be as permitted in the R-1 District, except that the multiple-family dwellings shall be restricted by lot coverage and a maximum height of three stories.
D. 
Lot area. The minimum lot area for every building hereafter erected or altered shall be as follows:
(1) 
One-family detached dwelling, convent, monastery, rectory or parish house: 7,000 square feet and a width at the building line of not less than 50 feet.
(2) 
Two-family dwelling: 4,000 square feet per dwelling unit and a width at the building line of not less than 50 feet.
(3) 
Multiple-family dwelling: not less than 3,000 square feet per dwelling unit or apartment and a width at the building line of not less than 50 feet.
(4) 
Church or similar place of worship: 1 1/2 acres and width at the building line of not less than 200 feet.
[Amended 10-13-1992 by Ord. No. 698]
(5) 
Public or private school.
[Amended 10-13-1992 by Ord. No. 698]
(a) 
Elementary school: 10 acres plus one acre for every 100 students at design capacity.
(b) 
Junior high school: 20 acres plus one acre for every 100 students at design capacity.
(c) 
High school: 35 acres plus one acre for every 100 students at design capacity.
E. 
Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained, or the present average setback is applicable under Subsection J of this section, in connection with such building, structure or enlargement:
[Amended 10-11-1994 by Ord. No. 715]
(1) 
Front yard: not less than 25 feet, except for a multiple-family dwelling, which shall provide and maintain a front yard, side yard and rear yard of horizontal dimension not less than the height of the building or 50 feet, whichever is greater.
(2) 
Side yard: for a one-family detached dwelling and two-family dwelling, not less than five feet on each of two sides for an interior lot and not less than 15 feet combined total of side yards for a corner lot, with the side yard from the street being at least 10 feet.
(3) 
Rear yard.
(a) 
There shall be a rear yard of not less than 20% of the depth of the lot at the ground level.
(b) 
Accessory buildings and private garages may occupy not more than 35% of the required area of the rear yard. The yard area occupied by such accessory buildings shall, however, be included in computing the percentage of the lot area which may be built upon in a given zone.
(c) 
No private garage or other accessory building shall be nearer to a lot line than 10 feet or nearer to a side lot line than five feet. No garage or other accessory building shall be placed nearer to a rear lot line which serves as a side line of an adjoining property than 10 feet. Nothing contained herein, however, shall prevent the construction of a private garage as a structural part of a dwelling, provided that, when so constructed, the garage walls shall be regarded as any other walls of the main building in applying the front, side and rear yard requirements of this chapter.
(4) 
Church and similar place of worship: not less than 40 feet on each side of the principal building.
F. 
Percentage of lot coverage. All buildings, including accessory uses, shall cover not more than 35% of the area of the lot, except multifamily dwellings, which may cover 40% of the lot.
G. 
Dwelling standards. Every one-story dwelling hereafter erected or altered shall have a floor area of not less than 750 square feet. Every two-story dwelling hereafter erected or structurally altered shall have a total floor area of not less than 1,500 square feet. Every multifamily dwelling hereafter erected or altered shall have a floor area of not less than 750 square feet for each dwelling unit.
H. 
Off-street parking facilities shall be provided as required or permitted under Article X.
I. 
Special regulations for conversion and efficiency apartments shall be as follows:
(1) 
Plans and specifications shall be submitted and approved by the Zoning Hearing Board.
(2) 
No living quarters shall be below ground level.
(3) 
The exterior shall be renovated at the time of conversion and in accordance with generally accepted architectural design and practice.
(4) 
The entire structure of the building, both exterior and interior, must be up to minimum housing code standards at time of conversion when such codes are adopted by the Borough Council.
(5) 
No building shall be more than three stories in height.
(6) 
No multiple-family dwelling shall be occupied by more than four families.
(7) 
Each housekeeping unit must have living quarters with an area of not less than 500 square feet of usable floor space per unit, exclusive of bathroom and kitchen facilities.
(8) 
No multiple dwelling or two-family dwelling unit shall occupy more than 60% of the lot area.
(9) 
Garage facilities. Garage facilities for any two-family dwelling or multiple-dwelling unit may be erected upon the same lot for the housing of automobiles for those who have a residence in such dwelling. These garage facilities shall be subject to rear yard restrictions contained elsewhere in this chapter.
(10) 
In any event, all conversions or alterations must conform to any other provisions of this chapter relating to area, yard and height restrictions, including off-street parking according to the provisions of Article X.
J. 
Present average setback shall be as follows:
(1) 
The present average setback shall be the average distance of setback from the front street line of the nearest main building or buildings within 100 feet on each side of the street. Where no main building exists within 100 feet of either side of the building to be erected, the present average setback shall be the average distance of setback from the front street line of all main buildings within the block.
(2) 
No building shall extend nearer a front street line than the present average setback and in no event less than 25 feet back from the street line.
[Amended 10-11-1994 by Ord. No. 715]
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection J(3), which dealt with corner lots having two street frontages of approximately equal lengths, was deleted 10-11-1994 by Ord. No. 715.
(4) 
In no case, however, shall a building be required to be set back more than 60 feet from the street line.
Within the R-3 Multiple-Family (Medium-Density) Residential District, the following regulations shall apply:
A. 
Permitted uses.
[Amended 10-13-1992 by Ord. No. 698; 1-12-1993 by Ord. No. 703; 12-13-1994 by Ord. No. 717; 6-11-1996 by Ord. No. 728; 2-10-1998 by Ord. No. 737; 5-12-1998 by Ord. No. 740; 2-11-2003 by Ord. No. 774]
(1) 
Permitted uses shall be as follows:
(a) 
One-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Multiple-family dwellings and apartments with not more than six dwelling units in one structure.
(d) 
Mobile home parks as specified in § 225-44 hereof.
(2) 
Uses permitted by special exception shall be as follows:
(a) 
Public school or private school having a curriculum similar to that ordinarily given in a public school, including religious instruction in parochial schools.
(b) 
Church or similar place of worship.
(c) 
Convent, monastery, rectory or parish house to be occupied by not more than 10 persons.
(d) 
Public recreation (Borough, county or state) area, including municipal park.
(e) 
Government building and/or government use for a Borough office, fire station, police station, maintenance shed and/or equipment storage area, provided that a substantial purpose of the building or use is to deliver the citizens of Westmont Borough fire protection, police protection or local government services.
(f) 
Group home facilities as specified in § 225-45.1.
(g) 
Conversion apartments for family occupancy.
(h) 
Efficiency apartments.
(i) 
Any structure regulated by Article IX, § 225-42A(3).
(3) 
Accessory uses. Accessory uses are customarily incidental to any of the above permitted uses and include the following:
(a) 
Private garage.
(b) 
Garage, shed or building for domestic storage.
(c) 
Fence or ornamental wall not over six feet in height (rear and side yard only).
(d) 
Cultivation of plants, noncommercial only (no permit required).
(e) 
Home occupation: home office.
(f) 
Gazebo, garden house or children's playhouse.
(g) 
Parking of accessory vehicles as further specified in § 225-42D.
(h) 
Front yard parking, as further specified in § 225-47F; permit required.
[Added 9-14-2004 by Ord. No. 779]
(i) 
Swimming pool: storable, having protective fencing and meeting setbacks as set forth in § 225-45B(2) and (4).
[Added 11-13-2007 by Ord. No. 796]
(4) 
Accessory uses permitted by special exception shall be as follows:
(a) 
Private swimming pool: permanently installed, appurtenant to a dwelling as per § 225-45.
[Amended 11-13-2007 by Ord. No. 796]
(b) 
Private (noncommercial) greenhouse.
(c) 
Dog or similar domestic pet housing.
(d) 
Home occupation: home business.
B. 
Nonpermitted uses shall be as follows:
[Amended 10-13-1992 by Ord. No. 698]
(1) 
Surface mining.
(2) 
Commercial and industrial establishment.
(3) 
Deep mining facility.
(4) 
The keeping of livestock.
(5) 
Helicopter landing area.
(6) 
Other activities that are deemed damaging to the purpose of this chapter.
C. 
Height shall be as permitted in the R-1 District, except that the multiple-family dwellings shall be restricted by lot coverage and a maximum height of three stories.
D. 
Lot area. The minimum lot area for every building hereafter erected or altered shall be as follows:
(1) 
One-family detached dwelling, convent, monastery, rectory or parish house: 7,000 square feet and a width at the building line of not less than 50 feet.
(2) 
Two-family dwelling: 4,000 square feet per dwelling unit and a width at the building line of not less than 50 feet.
(3) 
Multiple-family dwelling: not less than 1,350 square feet per dwelling unit or apartment and a width at the building line of not less than 50 feet. The minimum size of lot for a multiple-family dwelling is two acres.
(4) 
Church or similar place of worship: 1 1/2 acres and a width at the building line of not less than 200 feet.
[Amended 10-13-1992 by Ord. No. 698]
(5) 
Public or private school.
[Amended 10-13-1992 by Ord. No. 698]
(a) 
Elementary school: 10 acres plus one acre for every 100 students at design capacity.
(b) 
Junior high school: 20 acres plus one acre for every 100 students at design capacity.
(c) 
High school: 35 acres plus one acre for every 100 students at design capacity.
(6) 
Mobile home park: as required in § 225-44.
E. 
Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained, or the present average setback is applicable under Subsection J of this section, in connection with such building, structure or enlargement:
[Amended 10-13-1992 by Ord. No. 698; 10-11-1994 by Ord. No. 715]
(1) 
Front yard: not less than 25 feet, except for a multiple-family dwelling, which shall provide and maintain a front yard, side yard and rear yard of horizontal dimension not less than the height of the building or 50 feet, whichever is greater.
(2) 
Side yard: for a one-family detached dwelling and two-family dwelling, not less than five feet on each of two sides for an interior lot and not less than 15 feet combined total of side yards for a corner lot, with the side yard from the street being at least 10 feet.
(3) 
Rear yard.
(a) 
There shall be a rear yard of not less than 20% of the depth of the lot at the ground level.
(b) 
Accessory buildings and private garages may occupy not more than 35% of the required area of the rear yard. The yard area occupied by such accessory buildings shall, however, be included in computing the percentage of the lot area which may be built upon in a given zone.
(c) 
No private garage or other accessory building shall be nearer to a lot line than 10 feet or nearer to a side lot line than five feet. No garage or other accessory building shall be placed nearer to a rear lot line which serves as a side line of an adjoining property than 10 feet. Nothing contained herein, however, shall prevent the construction of a private garage as a structural part of a dwelling, provided that, when so constructed, the garage walls shall be regarded as any other walls of the main building in applying the front, side and rear yard requirements of this chapter.
(4) 
Church and similar place of worship: not less than 40 feet on each side of the principal building.
F. 
Percentage of lot coverage. All buildings, including accessory uses, shall cover not more than 35% of the area of the lot, except multifamily dwellings, which may cover 40% of the lot.
G. 
Dwelling standards. Every one-story dwelling hereafter erected or altered shall have a floor area of not less than 750 square feet. Every two-story dwelling hereafter erected or structurally altered shall have a total floor area of not less than 1,500 square feet. Every multifamily dwelling hereafter erected or altered shall have a floor area of not less than 750 square feet for each dwelling unit.
H. 
Off-street parking facilities shall be provided as required or permitted under Article X.
I. 
Special regulations for conversion and efficiency apartments shall be as follows:
[Amended 10-13-1992 by Ord. No. 698]
(1) 
Plans and specifications shall be submitted and approved by the Zoning Hearing Board.
(2) 
No living quarters shall be below ground level.
(3) 
The exterior shall be renovated at the time of conversion and in accordance with generally accepted architectural design and practice.
(4) 
The entire structure of the building, both exterior and interior, must be up to minimum housing code standards at time of conversion when such codes are adopted by the Borough Council.
(5) 
No building shall be more than three stories in height.
(6) 
No multiple-family dwelling shall be occupied by more than four families.
(7) 
Each housekeeping unit must have living quarters with an area of not less than 500 square feet of usable floor space per unit, exclusive of bathroom and kitchen facilities.
(8) 
No multiple dwelling or two-family dwelling unit shall occupy more than 60% of the lot area.
(9) 
Garage facilities. Garage facilities for any two-family dwelling or multiple dwelling unit may be erected upon the same lot for the housing of automobiles for those who have a residence in such dwelling. These garage facilities shall be subject to rear yard restrictions contained elsewhere in this chapter.
(10) 
In any event, all conversions or alterations must conform to any other provisions of this chapter relating to area, yard and height restrictions, including off-street parking according to the provisions of Article X.
J. 
Present average setback shall be as follows:
[Amended 10-13-1992 by Ord. No. 698]
(1) 
The present average setback shall be the average distance of setback from the front street line of the nearest main building or buildings within 100 feet on each side of the street. Where no main building exists within 100 feet of either side of the building to be erected, the present average setback shall be the average distance of setback from the front street line of all main buildings within the block.
(2) 
No building shall extend nearer to a front street line than the present average setback and in no event less than 25 feet back from the street line.
[Amended 10-11-1994 by Ord. No. 715]
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection J(3), which dealt with corner lots having two street frontages of approximately equal lengths, was deleted 10-11-1994 by Ord. No. 715.
(4) 
In no case, however, shall a building be required to be set back more than 60 feet from the street line.
Within the R-4 Multiple-Family (Townhouse) Residential District, created to allow townhouse construction along the perimeter of the Borough thereby being minimally disruptive to the adjacent single-family R-1 District, the following regulations shall apply:
A. 
Permitted uses.
[Amended 10-13-1992 by Ord. No. 698; 1-12-1993 by Ord. No. 703; 12-13-1994 by Ord. No. 717; 6-11-1996 by Ord. No. 728; 2-10-1998 by Ord. No. 737; 5-12-1998 by Ord. No. 740; 2-11-2003 by Ord. No. 774]
(1) 
Permitted uses shall be as follows:
(a) 
One-family detached dwelling.
(b) 
Two-family dwelling.
(2) 
Uses permitted by special exception shall be as follows:
(a) 
Public school or private school having a curriculum similar to that ordinarily given in a public school, including religious instruction in parochial schools.
(b) 
Church or similar place of worship.
(c) 
Convent, monastery, rectory or parish house to be occupied by not more than 10 persons.
(d) 
Public recreation (Borough, county or state) area, including municipal park.
(e) 
Government building and/or government use for a Borough office, fire station, police station, maintenance shed and/or equipment storage area, provided that a substantial purpose of the building or use is to deliver the citizens of Westmont Borough fire protection, police protection or local government services.
(f) 
Multiple-family dwellings and apartments with not more than six dwelling units in one structure.
(g) 
Townhouse dwellings with not more than six dwelling units in one structure.
(h) 
Group home facilities as specified in § 225-45.1.
(i) 
Any structure regulated by Article IX, § 225-42A(3).
(3) 
Accessory uses. Accessory uses are customarily incidental to any of the above permitted uses and include the following:
(a) 
Private garage.
(b) 
Garage, shed or building for domestic storage.
(c) 
Fence or ornamental wall not over six feet in height (rear and side yard only).
(d) 
Cultivation of plants, noncommercial only (no permit required).
(e) 
Home occupation: home office.
(f) 
Gazebo, garden house or children's playhouse.
(g) 
Parking of accessory vehicles as further specified in § 225-42D.
(h) 
Front yard parking, as further specified in § 225-47F; permit required.
[Added 9-14-2004 by Ord. No. 779]
(i) 
Swimming pool: storable, having protective fencing and meeting setbacks as set forth in § 225-45B(2) and (4).
[Added 11-13-2007 by Ord. No. 796]
(4) 
Accessory uses permitted by special exception shall be as follows:
(a) 
Private swimming pool: permanently installed, appurtenant to a dwelling as per § 225-45.
[Amended 11-13-2007 by Ord. No. 796]
(b) 
Private (noncommercial) greenhouse.
(c) 
Dog or similar domestic pet housing.
(d) 
Home occupation: home business.
B. 
Nonpermitted uses shall be as follows:
[Amended 10-13-1992 by Ord. No. 698]
(1) 
Surface mining.
(2) 
Commercial and industrial establishment.
(3) 
Deep mining facility.
(4) 
The keeping of livestock.
(5) 
Helicopter landing area.
(6) 
Other activities that are deemed damaging to the purpose of this chapter.
C. 
Height shall be as permitted in the R-1 District, except that the multiple-family and townhouse dwellings shall not exceed three stories in height.
D. 
Lot area. The minimum lot area for every building hereafter erected or altered shall be as follows:
(1) 
One-family detached dwelling, convent, monastery, rectory or parish house: 7,000 square feet and a width at the building line of not less than 50 feet.
(2) 
Two-family dwelling: 4,000 square feet per dwelling unit and a width at the building line of not less than 50 feet.
(3) 
Multiple-family dwelling: not less than 2,000 square feet per dwelling unit or apartment and a width at the building line of not less than 50 feet. The minimum size of lot for a multiple-family dwelling is two acres.
(4) 
Townhouse dwelling: not less than 2,700 square feet per dwelling unit and a width at the building line of not less than 75 feet for a townhouse dwelling containing three or more dwelling units under one ownership. If a townhouse dwelling is arranged, designed or intended to be sold or owned in separate ownership between party walls, the minimum width of lot between center lines of party walls shall be 22 feet, and the seventy-five-foot minimum width of total site frontage shall apply for the entire structure. The minimum size of a lot for a townhouse dwelling structure: one acre or 43,560 square feet.
(5) 
Church or similar place of worship: 1 1/2 acres and a width at the building line of not less than 200 feet.
[Amended 10-13-1992 by Ord. No. 698]
(6) 
Public or private school.
[Amended 10-13-1992 by Ord. No. 698]
(a) 
Elementary school: 10 acres plus one acre for every 100 students at design capacity.
(b) 
Junior high school: 20 acres plus one acre for every 100 students at design capacity.
(c) 
High school: 35 acres plus one acre for every 100 students at design capacity.
E. 
Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained, or the present average setback is applicable under Subsection J of this section, in connection with such building, structure or enlargement.
[Amended 10-13-1992 by Ord. No. 698; 10-11-1994 by Ord. No. 715]
(1) 
Front yard: not less than 25 feet, except for a multiple-family dwelling, which shall provide and maintain a front yard, side yard and rear yard of horizontal dimension not less than the height of the building or 50 feet, whichever is greater.
(2) 
Side yard: for a one-family detached dwelling and two-family dwelling, not less than five feet on each of two sides for an interior lot and not less than 15 feet combined total of side yards for a corner lot, with the side yard from the street being at least 10 feet.
(3) 
Rear yard.
(a) 
There shall be a rear yard of not less than 20% of the depth of the lot at the ground level.
(b) 
Accessory buildings and private garages may occupy not more than 35% of the required area of the rear yard. The yard area occupied by such accessory buildings shall, however, be included in computing the percentage of the lot area which may be built upon in a given zone.
(c) 
No private garage or other accessory building shall be nearer to a lot line than 10 feet or nearer to a side lot line than five feet. No garage or other accessory building shall be placed nearer to a rear lot line which serves as a side line of an adjoining property than 10 feet. Nothing contained herein, however, shall prevent the construction of a private garage as a structural part of a dwelling, provided that, when so constructed, the garage walls shall be regarded as any other walls of the main building in applying the front, side and rear yard requirements of this chapter.
(4) 
Church and similar place of worship: not less than 40 feet on each side of the principal building.
F. 
Percentage of lot coverage. All buildings, including accessory uses, shall cover not more than 35% of the area of the lot, except multifamily dwellings, which may cover 40% of the lot.
G. 
Dwelling standards. The following are minimum square footage requirements of habitable living space within dwelling units:
(1) 
One-family detached dwelling: one-story at 1,400 square feet; or two-story at 1,800 square feet.
(2) 
Townhouse or multifamily dwelling units: one bedroom at 900 square feet; two bedrooms at 1,200 square feet; three bedrooms at 1,500 square feet; and over three bedrooms to be reviewed by the Zoning Hearing Board.
(3) 
Such dwelling standards for townhouse or multifamily dwelling units shall be based on the high limit of F.W. Dodge Cost Trends Manual.
H. 
Off-street parking facilities shall be provided as required or permitted under Article X.
I. 
Special regulations for conversion and efficiency apartments shall be as follows:
[Amended 10-13-1992 by Ord. No. 698]
(1) 
Plans and specifications shall be submitted and approved by the Zoning Hearing Board.
(2) 
No living quarters shall be below ground level.
(3) 
The exterior shall be renovated at the time of conversion and in accordance with generally accepted architectural design and practice.
(4) 
The entire structure of the building, both exterior and interior, must be up to minimum housing code standards at time of conversion when such codes are adopted by the Borough Council.
(5) 
No building shall be more than three stories in height.
(6) 
No multiple-family dwelling shall be occupied by more than four families.
(7) 
Each housekeeping unit must have living quarters with an area of not less than 500 square feet of usable floor space per unit, exclusive of bathroom and kitchen facilities.
(8) 
No multiple dwelling or two-family dwelling unit shall occupy more than 60% of the lot area.
(9) 
Garage facilities. Garage facilities for any two-family dwelling or multiple dwelling unit may be erected upon the same lot for the housing of automobiles for those who have a residence in such dwelling. These garage facilities shall be subject to rear yard restrictions contained elsewhere in this chapter.
(10) 
In any event, all conversions or alterations must conform to any other provisions of this chapter relating to area, yard and height restrictions, including off-street parking according to the provisions of Article X.
J. 
Present average setback shall be as follows:
[Amended 10-13-1992 by Ord. No. 698]
(1) 
The present average setback shall be the average distance of setback from the front street line of the nearest main building or buildings within 100 feet on each side of the street. Where no main building exists within 100 feet of either side of the building to be erected, the present average setback shall be the average distance of setback from the front street line of all main buildings within the block.
(2) 
No building shall extend nearer to a front street line than the present average setback and in no event less than 25 feet back from the street line.
[Amended 10-11-1994 by Ord. No. 715]
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection J(3), which dealt with corner lots having two street frontages of approximately equal lengths, was deleted 10-11-1994 by Ord. No. 715.
(4) 
In no case, however, shall a building be required to be set back more than 60 feet from the street line.
[Added 7-8-2025 by Ord. No. 864]
The purpose of this section is to create an overlay district that will permit certain small retail and service businesses within portions of the R-1, R-2 Zoning Districts, as depicted on the revised Zoning Map of Westmont Borough, while maintaining the general residential character of the neighborhood.
A. 
Permitted uses.
(1) 
Any use, accessory use, or use or accessory use, that is permitted by special exception within the R-1, One-Family Residential, and R-2, Multiple-Family (Low Density), Residential Districts as applicable to the base Zoning Map depicting the R-1 and R-2 Zoning District boundaries.
B. 
Permitted uses by special exception. Upon review and approval by the Westmont Borough Zoning Hearing Board, the following uses may be permitted in the Overlay Zoning District:
(1) 
Retail store in compliance with Subsection C(8) below.
(2) 
Restaurant/cafe.
(3) 
Professional offices.
(4) 
Short-term rental (bed-and-breakfast).
C. 
Nonpermitted uses.
(1) 
Surface mining.
(2) 
Industrial or manufacturing establishment.
(3) 
Deep mining facilities.
(4) 
The keeping of livestock.
(5) 
Helicopter landing areas.
(6) 
Adult entertainment establishment.
(7) 
Smoke shop.
(8) 
Other activities that are damaging to the purpose of this chapter.
D. 
Height. The maximum height of buildings hereafter erected or altered shall be as specified in the respective R-1 and R-2 Zoning Districts.
E. 
Lot area. The minimum lot area for every building or use hereinafter erected or altered shall be as specified in the respective R-1 and R-2 Zoning Districts.
F. 
Yard areas. The minimum setbacks from property lines to structures, yard areas and uses, shall be as specified in the respective R-1 and R-2 Zoning Districts.
G. 
Percentage of lot coverage. All buildings, including accessory uses, shall cover not more than the percentage specified in the respective R-1 and R-2 Zoning Districts.
H. 
Special regulations regarding short-term rentals (bed-and-breakfast) uses.
(1) 
Any and all short-term rentals (bed-and-breakfast) establishments that are legally on record with Westmont Borough and are currently actively operating, may continue to operate. Any modifications to existing bed-and-breakfast establishments after the effective date of these regulations shall meet the requirements of these regulations, including the requirement to obtain a special exception from the Westmont Borough Zoning Hearing Board, if the number of rental units is increased or if major renovations, alterations, or additions are proposed. All other bed-and-breakfast or short-term rental uses shall cease activities upon the effective date of this section.
(2) 
Proposed short-term rental (bed-and-breakfast) establishments shall be approved by special exception from the Westmont Borough Zoning Hearing Board in accordance with Article XV, § 225-72C, and the following requirements:
(a) 
300 square feet.
(b) 
A maximum of three short-term rental units per property.
(c) 
As per Article X for the proposed use(s), plus one space for each short-term rental unit.
(d) 
Stormwater management shall be required if any new addition to a structure, or any new parking lot or expansion thereof exceeds 500 square feet.
I. 
Limitations on the size and activities for nonresidential uses in the Overlay District shall be as follows:
(1) 
Retail or professional office uses shall be limited to a maximum of 4,000 square feet of total floor area. These uses shall provide for off-street parking and loading in accordance with Article X;