STATUTORY REFERENCES
General provisions and definitions — See
53 P.S. § 10101 et seq.
[Ord. 223. Passed 12-10-1985]
No lot shall be so reduced that the area of
the lot or the dimensions of the required open spaces are less than
those prescribed in this Zoning Code.
[Ord. 223. Passed 12-10-1985]
On any lot, no wall, fence or other structure
shall be erected, altered or maintained, and no hedge, tree, shrub
or other growth shall be planted or maintained over three feet in
height, which interferes with or obstructs vehicular or pedestrian
vision at any intersection of streets or at any street or crosswalk.
[Ord. 223. Passed 12-10-1985; Ord. 257. Passed 6-21-1988; Ord. 368.
Passed 12-13-1999]
Accessory uses and structures authorized in
this Zoning Code include the following:
(a)
Permitted Agricultural Uses. Greenhouses; roadside
stands for the sale of products produced on the premises; and barns,
sheds, silos or similar structures used for the keeping, breeding
and management of livestock or poultry and for the processing of products
produced on the premises. However, no such building or structure shall
be erected within 150 feet of any property line. Also, no pigs or
hogs shall be permitted in the Township.
(b)
Permitted Residential Uses. Private garages, private
greenhouses, private parking spaces, shelters for domestic pets, private
storage sheds, private swimming pools (including pool houses and cabanas),
private tennis courts, private stables and home occupations, provided
that:
(1)
All accessory structures shall be located entirely
within the permissible building area (exclusive of all mandatory setback
areas), but not to the front of the main building, or in the rear
yard at least 10 feet behind the rearmost portion of the main building,
and at least 10 feet from any side or rear property line, except that
such distances shall be reduced to five feet in "C" Residential Districts
only.
(2)
Private swimming pools shall be constructed
in accordance with applicable Township ordinances and shall not be
located in front yards. All pools, filters, heaters or any facilities
incidental thereto shall be not less than 25 feet from all side and
rear property lines, except that such distance shall be reduced to
fifteen feet in "C" and "CD" Residential Districts.
(3)
Private tennis courts and all facilities incidental
thereto shall be located in rear yards and shall be not less than
fifteen feet from the side and rear property lines. Tennis courts
shall have drainage systems approved by the Township Engineer, specifically
with respect to the discharge of water onto adjacent properties.
(4)
Private stables and the keeping of horses shall
be permitted only when the lot area is not less than three acres.
Grazing areas shall be suitably fenced to contain the horses at all
times. Buildings or structures used for the housing and stabling of
horses shall be located in the rear yard not less than 50 feet from
any property line and not less than 100 feet from any street line.
(5)
Caretaker's quarters, including a kitchen separate and apart from the kitchen serving the primary residence on the property, shall, by special exception, be permitted as an accessory use on a single-family, detached, residential dwelling lot subject to the following conditions and requirements in addition to those set forth in Section 1252.03(a) of this Code:
A.
The gross area of the lot on which the primary
residence and caretaker's quarters are located shall be a minimum
of four acres.
B.
The caretaker's quarters shall utilize an existing
structure on the property which can be proven to have existed prior
to 1985 and which is suitable for conversion into a caretaker's quarters.
C.
The gross area of the caretaker's living quarters
shall not exceed 1,200 square feet.
D.
The caretaker's quarters shall be located within
the building envelope of the lot.
E.
The caretaker's quarters shall be occupied by
a maximum of two individuals who shall be responsible for the maintenance
or security of the principal residence or lot and/or the care of one
or more of the occupants of the principal residence.
F.
The caretaker's quarters shall be served by
public sewer, unless it can be demonstrated to the satisfaction of
the Township and/or the Montgomery County Department of Health that
the on-site septic system has the capacity to accept the flows reasonably
expected from the caretaker's quarters (in addition to the flows from
the principal residence).
G.
No separate or additional road openings shall
be permitted to allow independent access from the street serving the
property to the caretaker's quarters.
H.
If the special exception is granted, a deed
restriction satisfactory in form and substance to the Township Solicitor
shall be recorded against the lot to provide constructive notice of
the limited use permitted of the caretaker's quarters as well as the
requirement that those quarters be immediately removed at any time
in the future if the conditions imposed by this section or by the
Zoning Hearing Board are no longer being satisfied.
[Ord. 233A. Passed 6-18-1987]
Each and every lot hereafter created shall abut
a public street for not less than 50 feet at the right-of-way line,
except interior lots which shall abut the right of way and provide
a minimum continuous access of not less than 25 feet.
[Ord. 223. Passed 12-10-1985]
No building or structure, or part thereof, shall
project into any required yard in any district, except that:
(a)
Cornices, eaves, gutters or chimneys may project into
a required yard not more than eighteen inches.
(b)
Bay windows and open balconies may project into a
required yard not more than three feet.
(c)
Projections Into Required Yards. In the case of a single-family detached
residence, unroofed open terraces and patios may project into a required
side yard not more than 10 feet, and into a rear yard not more than
20 feet, but in no case may the projection exceed 50% of the required
yard.
[Amended 8-22-2017 by Ord. No. 513]
[Ord. 223. Passed 12-10-1985]
No fence or wall greater than six feet in height
shall be erected in any open space required under this Zoning Code.
[Ord. 223. Passed 12-10-1985; Ord. 361. Passed 5-24-1999]
(a)
The Board of Supervisors may grant approval of a listed
conditional use for any district, provided that the standards and
criteria set forth in this section are complied with by the applicant
for the conditional use. The burden of proving compliance with such
standards and criteria shall be on the applicant.
(b)
The applicant shall establish, by credible evidence,
that the use or other subject of consideration for approval complies
with the declaration of legislative intent of this Zoning Code and
with any declaration of legislative intent that may apply specifically
to the district for which approval is sought.
(c)
The applicant shall establish, by credible evidence,
compliance with conditions of the use enumerated in that section which
gives the applicant the right to seek a conditional use.
(d)
The applicant shall establish, by credible evidence,
that the proposed use or other subject of consideration for approval
does not adversely affect neighboring land uses in any way and, further,
that the proposed use or other subject of consideration for approval
does not impose upon its neighbors in any way but rather blends in
with them in a harmonious manner.
(e)
The applicant shall establish, by credible evidence,
that the proposed use or other subject of consideration for approval
will be properly serviced by all existing public service systems.
The peak traffic generated by the subject of the approval must be
accommodated for in a safe and efficient manner, or improvements made
in order to effect the same. Similar responsibility must be assumed
with respect to other public service systems, including police protection,
fire protection, utilities, parks and recreation.
(f)
The applicant shall establish, by credible evidence,
that the proposed use or other subject of consideration for approval
will be properly designed with regard to internal circulation, parking,
buffering and all other elements of proper design.
(g)
The applicant shall provide the Board of Supervisors
with sufficient plans, studies or other data to demonstrate that compliance
with the permitted uses or with such other regulations as may be the
subject of consideration for a conditional use approval is unreasonable
or inappropriate for the instance at hand.
(h)
The Board shall impose such conditions as are necessary
to ensure compliance with the purpose and intent of this Zoning Code,
which conditions may include planting and buffers, harmonious design
of buildings and the elimination of noxious, offensive or hazardous
elements.
(i)
Unless otherwise specified in the decision of the
Board of Supervisors, a conditional use shall expire if the applicant
fails to obtain a permit in connection therewith within one year of
the date of the order of the Board or court granting such conditional
use. In those instances where land development/subdivision approval
is a necessary prerequisite prior to obtaining a building permit,
the conditional use shall expire if the applicant fails to make a
diligent effort to obtain such approval within six months following
the date of approval. Upon receipt of land development approval, the
conditional use shall expire if a building permit is not obtained
within six months of the date of the land development approval.
[Ord. 223. Passed 12-10-1985]
The exterior storage of motor vehicles is prohibited
in all residential districts. The exterior storage of junk is prohibited
in all districts.
[Ord. 223. Passed 12-10-1985; Ord. 390. Passed 9-18-2001; Ord. 409.
Passed 7-22-2003]
(a)
In the case of lots with more than one street frontage,
all yards abutting a street shall be treated as front yards with respect
to all regulations contained in this Zoning Code. The first of any
remaining yards on such lots shall be treated as a rear yard and all
other yards shall be treated as side yards.
(b)
In the case of a corner lot that is created after
the enactment of this provision, as a result of the subdivision process
and the creation of a new street, all yards on that lot shall be equal
in depth to the requirement for front yards, and the minimum lot area
shall be increased by 20%.
[Ord. 223. Passed 12-10-1985]
(a)
In "AA," "AA-1," "A," "A-1," "B," "C," "CD," "CD-1"
and "E" Residential Districts, satellite earth stations are permitted
as accessory uses only and are subject to the following regulations:
(1)
Not more than one satellite earth station is
permitted per lot.
(2)
Ground-mounted satellite earth stations are
permitted in rear yards only.
(3)
Ground-mounted satellite earth stations may not exceed 11 feet in height. A satellite earth station must be set back from side and rear property lines a minimum distance equal to the height of the satellite earth station, or according to the setbacks required for accessory buildings as set forth in Section 1298.03(b)(1), whichever is greater.
(4)
Roof-mounted satellite earth stations are not
permitted on buildings less than 40 feet in height.
(5)
Use of a satellite earth station is limited
to the property on which it is located.
(6)
Ground-mounted satellite earth stations must
be screened from streets and abutting residential properties with
suitable planting.
(b)
In "MF-1," "MF-2," "MF-3," "MF-3-A," "D," "D-1," "D-2,"
"D-3," "D-4," "PO," "MD," "F" and "F-1" Districts, satellite earth
stations are permitted as accessory uses only and are subject to the
following regulations:
(1)
Roof-mounted satellite earth stations are permitted
only on buildings 35 feet or greater in height.
(2)
Ground-mounted satellite earth stations are
not permitted between a principal building and any abutting street.
(3)
Satellite earth stations which are not used
for transmitting to other properties shall have a maximum height of
11 feet.
(4)
Ground-mounted satellite earth stations placed
in yards abutting a residential district shall be screened with suitable
planting.
[Ord. 223. Passed 12-10-1985; Ord. 233A. Passed 6-18-1987]
Home occupations, as defined in Section 1250.04(31)
and permitted under this Zoning Code, shall comply with the following
regulations and standards:
(a)
The occupation shall be conducted only by members
of the family residing on the premises and shall be conducted entirely
within the dwelling or a building accessory thereto.
(b)
Not more than one additional person who is not a resident
in the dwelling shall be employed by the practitioner of the home
occupation to provide secretarial, clerical or other similar assistance.
(c)
No article may be sold or offered for sale that is
not produced by members of the immediate family residing on the premises.
(d)
There shall be no public display of goods on the premises.
(e)
Parking for any home occupation shall be provided in accordance with Chapter 1294 and shall occupy no portion of any required front, side or rear yard.
(f)
The space devoted to any home occupation shall not
exceed 400 square feet.
(g)
Home day-care for one child is permitted in the Township
without regulation. Home day-care for two to a maximum of five nonresident
children, located only in a single-family detached dwelling in which
the caregiver resides, shall be considered a home occupation and shall
be subject to the following requirements:
(1)
The caregiver shall be registered or licensed
by the commonwealth to provide child care services in the dwelling.
(2)
There shall be no structural change to the exterior
of the single-family detached dwelling to accommodate the day-care
use.
(3)
In no case shall home day-care be permitted
on a lot with an area of less than 10,000 square feet.
(4)
There shall be a minimum of 40 square feet of
floor space per child, inclusive of space occupied by furniture and
equipment, but exclusive of closets, halls, bathrooms, kitchens and
related areas. All of such floor space shall be on the first floor
of the single-family detached dwelling.
(6)
The normal hours of operation shall not be earlier
than 7:00 a.m. nor later than 7:00 p.m.
(7)
A driveway shall be required in order to allow
off-street pick-up and dropoff of children.
(8)
No home day-care use shall be permitted within
750 feet of any other home day-care use.
[Ord. 233A. Passed 6-18-1987]
In every single-family residential district,
any lot that abuts a highway shall have the setback requirement for
that respective yard doubled in size. For purposes of this section,
the following roads shall be considered highways: Bethlehem Pike,
Route 202, Sumneytown Pike, Pennlyn Pike, Norristown Road and Route
63.
[Ord. 257. Passed 6-21-1988; Ord. 400. Passed 5-21-2002]
Exterior or interior lighting of a building
or grounds for security purposes shall be permitted to exceed the
limitations of hours of site lighting in any district of the Township
if such security lighting meets the following requirements:
(a)
Security lighting shall be color-corrected illumination
which shall not be more than 14 feet above grade.
(b)
Security lighting shall be screened so as not to permit
the source of illumination to be seen from off the premises.
(c)
Security lighting shall not create a nuisance or intrusion
to the privacy of adjacent property owners or the public.
(d)
Security lighting in the "D-1" and "F-1" Districts,
when set back a minimum of 300 feet from an adjacent residential district
and a minimum of 200 feet from an adjacent nonresidential district,
may exceed the fourteen-foot height limitation stated above, but shall
not be placed higher than 25 feet above grade.
(e)
Security lighting in "F" Industrial Districts, when
set back a minimum of 50 feet from an adjacent district, may exceed
the fourteen-foot height limitation stated above, but shall not be
placed higher than 25 feet above grade.
[Ord. 307. Passed 4-25-1994]
In any district where a municipal use is permitted,
all regulations and restrictions of that district may be modified
in connection with a proposed municipal use subject to the holding
of a public hearing conducted in accordance with the procedures established
herein for the granting of a conditional use.
[1]
Editor's Note: Former Section 1298.14, Detention basins in yard areas, passed 2-16-1988 by Ord. 251, was repealed by Ord. 381, passed 1-16-2001. Said ordinance also renumbered Sections 1298.15 through 1298.18 as Section 1298.14 through 1298.17, respectively. For current provisions see Section 1241.06.
[Ord. 314. Passed 2-21-1995]
The term "accessory use" shall not include the
following:
(a)
The keeping or storage of a utility trailer more than
eight feet in length or a travel trailer or boat more than 22 feet
in length, unless the vehicle is parked or stored at all times in
a fully enclosed garage. Permitted trailers and boats shall be kept
or stored in the rear yard only.
(b)
The keeping or storage of any truck more than 18 feet
in length or 80 inches in width or more than 8,200 pounds' gross weight
or gross vehicle weight rating, as those terms are defined in the
Motor Vehicle Code of the Commonwealth of Pennsylvania, or any vehicle
equipped with any exterior equipment, such as hoists, ladders or towing
mechanisms, unless the vehicle is parked or stored at all times in
a fully enclosed garage. Said vehicles shall be limited to one per
property and shall be used for the transportation of the occupant
of the property to and from his or her place of business. All other
commercial vehicles as mentioned above are prohibited.
(c)
The storage of building supplies or trash, or any
other storage which is determined to be a nuisance or a health, safety
or fire hazard or which detracts in any way from the character of
surrounding properties or neighborhood.
[Ord. 323. Passed 1-23-1996]
The maximum height of accessory structures as
regulated in the various residential districts in this title may be
increased one foot zero inches in height for each two feet zero inches
in horizontal distance that is added to the minimum required setback
from the side or rear property line, with the height being measured
from the ground to the highest point of the structure at all given
points along the path of travel from the setback line toward the interior
of the lot, to a maximum height of 35 feet.
[Ord. 332. Passed 10-21-1996. Ord. 349. Passed 3-23-1998. Ord. 374.
Passed 8-15-2000]
For the purpose of preventing groundwater contamination,
reducing surface run-off and sedimentation of nearby streams and bodies
of water, protecting sensitive wildlife habitats, minimizing disruption
to the hydrology of riparian and wetlands sites and preventing damage
to dwellings and properties as a result of construction on or adjacent
to alluvial soils or construction adjacent to active creeks, streams,
watercourses, waters of the Commonwealth, waters of the United States
of America, riparian and wetlands buffers shall be established as
follows:
(a)
The minimum riparian or wetlands buffer shall extend
outward 25 feet from the following:
(1)
The edge of any wetlands as delineated on an
official map approved by the Lower Gwynedd Township Board of Supervisors;
(2)
The top of any banks of any active creek, stream
or other watercourses;
(3)
The edge of any waters of the commonwealth and/or
waters of the United States of America; or
(4)
The center line of any floodplain if the distance
from the center line to the outside edge of the floodplain is less
than 25 feet.
(b)
Where the three hundred feet of land adjacent to a riparian or wetland boundary has an upland slope greater than 10%, the minimum buffer which shall be increased by four feet for each degree of slope above 10% shall be added to the minimum riparian or wetlands buffer set forth in Subsection (a) above.
(c)
No filling, grading, clearing or development related
to any structure or improvement, including stormwater management facilities,
shall be permitted within any wetlands, active creeks, streams, watercourses,
waters of the commonwealth, waters of the United States of America,
wetlands buffers or riparian buffers. Upon proof that no reasonable
engineering alternative exists, stormwater management facilities,
utility crossings, public roads, private roads and driveway crossings
may be permitted by conditional use. Any wetlands, active creeks,
streams, watercourses, waters of the commonwealth, waters of the United
States of America, wetlands buffers or riparian buffers permitted
to be filled or otherwise destroyed by conditional use shall be replaced
elsewhere on the site, in accordance with the applicable requirements
of the Pennsylvania Department of Environmental Protection, so that
the total predevelopment area shall not be reduced.
[Added 1-28-2014 by Ord.
No. 491; amended 8-22-2017 by Ord. No. 513]
The placement of emergency home generators for single-family
residential use shall be regulated by the following:
[Ord. 441. Passed 5-15-200]
(a)
Purposes.
(1)
To address Section 105 of the Pennsylvania Municipalities
Planning Code, to promote the preservation of the Commonwealth's historic
resources, and to encourage the preservation of historic resources
through rezoning.
(2)
To address Section 603 of the Pennsylvania Municipalities
Planning Code, especially Section 603(b)(5) regarding the protection
and preservation of historic resources; Section 603(c)(7) regarding
provisions to promote and preserve areas of historic significance;
and Section 603(g)(2) whereby zoning ordinances shall provide for
protection of historic features and resources.
(3)
To address Section 604 of the Pennsylvania Municipalities
Planning Code, involving zoning purposes for preservation of historic
values in the environment.
(4)
To address Section 605 of the Pennsylvania Municipalities
Planning Code, involving classifications, especially Section 605(2)(vi)
by regulating uses and structures at or near places having unique
historical, architectural or patriotic interest or value.
(5)
To help implement the Lower Gwynedd Township
Comprehensive Plan.
(6)
To discourage the unnecessary demolition of
historic resources.
(7)
To encourage the protection of historic resources,
including historic buildings, historic structures, historic sites,
historic places, and historic landscapes.
(8)
To encourage the continued use of historic resources
and to facilitate their appropriate reuse.
(9)
To help mitigate the adverse effects of proposed
changes to historic resources.
(10)
To establish a process by which proposed changes
affecting historic resources are reviewed by the Zoning Hearing Board.
(b)
Definitions. The definitions contained herein shall apply to this chapter and no other chapter, and shall apply in particular to this Section 1298.19:
(1)
Alteration. A rearrangement of the exterior
of a building such as the roof, walls, windows or doors; or any increase
or decrease of the size of a building or structure; or the moving
of a building or structure from one location to another.
(2)
List of eligible historic resources. A building
or structure listed on or determined to be eligible for listing on
the National Register of Historic Places; or listed to be shown on
the Lower Gwynedd Township Historic Resources Eligibility Map. Such
buildings or structures shall meet one or more of the following qualifying
criteria:
A.
Resource is associated with events that have
made a significant contribution to the broad patterns of our history.
B.
Resource is associated with the lives of persons
significant in our past.
C.
Resource embodies the distinctive characteristics
of a type, period, method of construction, represents the work of
a master, possesses high artistic values, or represents a significant
and distinguishable entity whose components lack individual distinction.
D.
Property has yielded or is likely to yield information important in prehistory or history. [Section 1298.19(b)(2).]
(3)
Change. Any proposed rehabilitation, alteration,
or enlargement of the exterior of a Historic Resource; or any proposed
reuse of a historic resource; or any demolition of a historic resource.
(4)
Demolition. The dismantling, removal, relocation,
or tearing down of all or part of the exterior portion of a building
or structure.
(5)
Demolition by neglect. The act of passively
allowing a building or structure to deteriorate by neglecting to effect
minimal repairs or stabilize the structure in order to maintain its
historic and structural integrity, or leaving a building or structure
or other resource open to vandalism or vulnerable to decay by the
elements.
(6)
Determination of eligibility for the national
register (DOE). The process wherein an historic resource is determined
by the U.S. Department of the Interior as meeting the criteria on
the National Register of Historic Places, but is not listed on the
register.
(7)
Additional eligibility criteria for the Lower
Gwynedd Township Historic Resources Map. Sites, areas, and structures
which are either more than 50 years old and valued due to their significance
as examples and/or locations of architecture, construction techniques,
events, customs, skills, arts, and/or persons of the past.
(8)
Historic Resource(s). All buildings, sites,
and structures shown on the Lower Gwynedd Township historic resources
Map. These are sites, areas, and structures which are valued due to
their significance as examples and/or locations of architecture, construction
techniques, events, customs, skills, arts, and/or persons of the past.
(9)
Lower Gwynedd Township Historic Resources Map.
The map in the Appendix of this Code,[1] showing eligible historic resources and their respective locations, where the property owner has "opted in" to the coverage and regulations of this section by requesting "historic resource" designation for an eligible property pursuant to § 1298.19(f)(1).
[1]
Editor's Note: The map is not included herein
but is attached to Ord. No. 441 and on file in the office of the Township
Secretary.
(10)
Public way. A street, road, bridge, or other
thoroughfare that is owned and maintained by the state, the Township,
or the county.
(11)
Rehabilitation. The act or process of making
possible a compatible use for a property through exterior repair,
alterations, and additions while preserving those portions or features
which convey its historical, cultural, or architectural values, in
accordance with the use provisions of the Secretary of the Interior's
Standards.
(12)
Secretary of the Interior's Standards. The Secretary
of the U.S. Department of the Interior's Standards for the Treatment
of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring and Reconstructing Historic Buildings.
(13)
Standards. Regulations set forth in Section 1298.19(g) to evaluate the appropriateness of various proposed changes to historic resources or proposals to demolish historic resources. Such criteria enable the Township to make informed decisions when evaluating changes and demolition on a case-by-case basis.
(c)
Use regulations.
(1)
The use regulations for any historic resource
shall be in accordance with those set forth in the district in which
the historic resource is located, and the following:
B.
Any new use proposed for a historic resource shall be evaluated as a special exception by the Zoning Hearing Board in accordance with the standards of Section 1298.19(g).
C.
Any proposed demolition of a historic resource shall be evaluated as a special exception by the Zoning Hearing Board in accordance with the standards of Section 1298.19(i).
(d)
Area and bulk regulations. The lot area and width
regulations, as well as the yard regulations, and lot coverage regulations
of the applicable zoning district within which the historic resource
is located may be varied in order to protect and preserve the historic
resource when approved as a special exception by the Zoning Hearing
Board.
(1)
Instead of the demolition of an historic resource,
a landowner or developer may (except in the case of a bed and breakfast
application), as a special exception, be allowed to reduce the otherwise
applicable area and bulk regulations, provided that all other zoning
ordinance requirements related to the Flood Plain Conservation District
are met. As a special exception, the Zoning Hearing Board may allow
a reduction to the applicable area and bulk regulations, in the AA,
AA-1, A, and A-1 Districts, provided that the historic resource meets
or will be renovated to meet the standards in Subsection (g) below
and is deed restricted (in a manner acceptable to the Township) to
insure permanent protection from demolition and facade alteration
(except with the written permission of the Township after a public
hearing) for the historic resource lot, and further provided the following
are met:
A.
A lot area of not less than 18,000 square feet
is provided for each lot and both public water and public sewer are
available.
B.
A lot width of not less than 85 feet at the
building line is provided.
C.
The front yard shall be not less than 25 feet.
D.
The side yards shall be not less than 15 feet.
E.
The rear yard shall be not less than 50 feet.
F.
The total building coverage shall not exceed
25%.
G.
The total impervious coverage shall not exceed
40%.
(2)
As a special exception, the Zoning Hearing Board
may allow a reduction to the applicable area and bulk regulations
for the historic resource lot in the B District, provided that the
historic resource meets or will be renovated to meet the standards
in Subsection (g) below and is deed restricted (in a manner acceptable
to the Township) to insure permanent protection from demolition and
facade alteration (except with the written permission of the Township
after a public hearing), and further provided the following are met:
A.
A lot area of not less than 10,000 square feet
is provided and both public water and public sewer are available.
B.
A lot width of not less than 60 feet at the
building line is provided.
C.
The front yard shall be not less than 20 feet.
D.
The side yards shall be not less than 10 feet.
E.
The rear yard shall be not less than 40 feet.
F.
The total building coverage shall not exceed
30%.
G.
The total impervious coverage shall not exceed
45%.
(3)
As a special exception, the Zoning Hearing Board
may allow a reduction to the applicable area and bulk regulations
for the historic resource lot in the C District, provided that the
historic resource meets or will be renovated to meet the standards
in Subsection (g) below and is deed restricted (in a manner acceptable
to the Township) to insure permanent protection from demolition and
facade alteration (except with the written permission of the Township
after a public hearing), and further provided the following are met:
A.
A lot area of not less than 6,500 square feet
is provided and both public water and public sewer are available.
B.
A lot width of not less than 50 feet at the
building line is provided.
C.
The front yard shall be not less than 10 feet.
D.
The side yards shall be not less than 5 feet.
E.
The rear yard shall be not less than 30 feet.
F.
The total building coverage shall not exceed
35%.
G.
The total impervious coverage shall not exceed
50%.
(4)
As a special exception, the Zoning Hearing Board
may allow an increase to the building and impervious coverage regulations
in the nonresidential districts D, D-1, D-2, D-3, D-4, F, F-1, MD,
and PO, provided that the historic resource is saved and provided
the following are met:
A.
The building coverage limits that would be otherwise
applicable may be increased up to 5% to allow for the adaptive reuse
of an historic resource.
B.
The impervious coverage limits that would be
otherwise applicable may be increased up to 5% to allow for the adaptive
reuse of an historic resource.
(e)
Historic overlay concept. For any property shown on
the Historic Resource Map, when the property owner chooses to pursue
a special exception, the requirements of this section shall apply,
in addition to the otherwise applicable requirements of the Subdivision
and Land Development Ordinance, and the underlying zoning district
regulations.
(f)
Historic resources Map.
(1)
Historic resources in Lower Gwynedd Township
shall be as shown upon the map attached to and made part of this chapter
which shall be known as the official "Lower Gwynedd Township Historic
Resources Map," which shall be adopted by the Lower Gwynedd Township
Board of Supervisors and which may be amended from time to time by
the Board of Supervisors. The said map and all the notations, references
and other data shown thereon is hereby incorporated herein by reference
into this section and shall be as much a part of this section as if
all were fully described herein.[2] Only eligible properties which have been requested (in
writing) by the owner to be historic resources shall be shown. Historic
resources which have not been protected by a permanent, historic deed
restriction may be removed from the map (and from coverage by the
regulations of this section) by written notice to the Township from
the property owner.
[2]
Editor's Note: The map is not included herein
but is attached to Ord. No. 441 and on file in the office of the Township
Secretary.
(2)
Revisions or amendments to map. The Historic
Resources Map may be revised from time to time by resolution of the
Board of Supervisors.
(3)
Official inventory. Lower Gwynedd Township shall maintain an updated Inventory of properties eligible for historic resource listing (as determined from time to time by the Historic Advisory Committee or the Township Planning Commission) using the criteria of Section 1298.19(b)(6) and (7) above to be shown on the Historic Resources Map. (This list shall be available at the Township office.)[3]
[3]
Editor's Note: The Historic Resources Eligibility
List is included as Appendix II at the end of this Part.
(g)
Standards for rehabilitation of historic resources.
(1)
Any proposed change to a historic resource shall
comply with the D.S.D.I. Secretary of the Interior Standards, latest
edition, adapted as follows:
A.
New buildings and structures shall not be constructed within 100 feet of an historic resource, without the completion of a historic resource impact study in accordance with Section 1298.19(h).
B.
A property shall be used as it was historically
or be given a new use (consistent with this section or the Zoning
Ordinance) that requires minimal change to its distinctive materials,
features, spaces, and spatial relationships.
C.
The historic character of historic buildings,
structures, and sites shall be retained and preserved. The removal
of distinctive materials or alteration of features, spaces, and spatial
relationships that characterize a property shall be avoided. Historic
building features such as porches, chimneys, and dormers shall not
be demolished or modified to obscure their character.
D.
Each property shall be recognized as a physical
record of its time, place and use. Changes that create a false sense
of historical development, such as adding conjectural features or
elements from other historic properties, shall not be undertaken.
E.
Changes to a property that have acquired significance
in their own right shall be retained and preserved.
F.
Distinctive materials, features, finishes, and
construction techniques or examples of craftsmanship that characterize
a property shall be preserved. Samples of proposed repair, renovation
or restoration materials shall be submitted for approval by the Township.
G.
Deteriorated historic features shall be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature will match the
old in design, color, texture, and, where possible, materials. Replacement
of missing features shall be substantiated by documentary and physical
evidence satisfactory to the Township.
H.
Chemical or physical treatments, if appropriate,
shall be undertaken using the gentlest means possible. Treatments
that cause damage to historic materials shall not be used. Materials
to be treated shall be tested in concealed areas before their use
is authorized by the Township.
I.
Archeological resources shall be protected and
preserved in place. If such resources must be disturbed, mitigation
measures shall be undertaken.
J.
New additions, exterior alterations, or related
new construction shall not destroy historic materials, features, and
spatial relationships that characterize the property. The new work
will be differentiated from the old and will be compatible with the
historic materials, features, size, scale and proportion, and massing
to protect the integrity of the property and its environment. Such
new work shall not attempt to match the original design of the historic
resource.
K.
New additions, and adjacent or related new construction
within 100 feet of a historic resource shall be undertaken in such
a manner that, if removed in the future, the essential form and integrity
of the historic property and its environment would be unimpaired.
(h)
Historic resource impact study.
(1)
Applicability. An historic resources impact
study shall be required when any of the following are proposed:
A.
Subdivision or land development plans which
will lead to the new construction of buildings, roads, driveways,
parking areas, and other structures within 100 feet of the exterior
walls of a historic resource.
B.
A permit application or construction plan which
propose demolition of a historic resource.
C.
General bridge or road construction or substantial
repair of same, passing within 200 feet of any exterior walls of a
historic resource.
(2)
The historic resource impact study shall be
prepared and submitted with the subdivision, land development or other
permit application.
(3)
Contents. The study shall contain the following
information:
A.
Background information.
1.
A general site description, including topography,
watercourses, vegetation, landscaping, existing buildings, structures,
drives, and other features.
2.
Identification description and classification
of all historic resources located on the subject tract, on tracts
immediately adjacent to the subject tract or road, and within the
area reasonably affected by the proposed construction on the subject
tract or road.
3.
Physical description of all historic resources.
4.
Statement of the significance of each historic
resource, relative to the Township, the county and the state.
5.
A sufficient number of four-by-six-inch photographs
to show every historic resource in its setting and from public ways,
with four views, if possible, showing all four sides of the historic
resource.
6.
Narrative description of the historical development
of the subject historic resource, tract or road.
B.
Proposed change.
1.
Site plan depicting all existing and proposed
buildings and structures on the property.
2.
Existing and proposed floor plans.
3.
Description of impact on each historic resource,
with regard to architectural integrity, historic setting and future
use.
4.
General description of effect of noise, traffic
and any other impacts generated by the proposed change on each historic
resource.
5.
Timetable or phasing plan.
(i)
Demolition of Historic Resources.
(1)
No historic resource as depicted on the Historic Resources Map may be demolished unless the property owner first submits an historic resource impact study in accordance with Section 1298.19(h), then obtains a permit for such demolition after fully complying with the requirements of this section. The "demolition" referenced in this section specifically includes demolition by neglect. Unoccupied structures are required to be tightly sealed and weathertight, with utilities turned off for safety.
(2)
Permit requirements. No historic resource within
Lower Gwynedd Township shall be demolished unless in compliance with
the requirements of this chapter. In particular, the Building Inspector,
or such other person or agency charged by the Board of Supervisors
with the issuance of permits for demolitions, shall not issue a permit
for any proposed demolition that is not in compliance with this chapter.
A.
If such an historic resource is determined to
be a victim of neglect and the owner, after written notice, fails
to rehabilitate the resource or apply for a demolition permit, the
Township may determine that the historic resource is being demolished
and may require the owner to participate in the permit process.
B.
Proposed demolition of historic resources. Any
complete application to demolish a historic resource received by the
Township shall be forwarded by the Zoning Officer for formal acceptance
of the application at the Board of Supervisors' next public meeting.
This meeting will begin the demolition permit review period. The review
period begins with the formal acceptance of the application at the
Board of Supervisors' meeting, and ends 90 days after formal acceptance
of the Application.
(3)
Timetable for review and action on an application
for a demolition permit related to the historic resource.
A.
The application shall include all information required by Section 1298.19(i)(5) and all applicable statutes, ordinances and regulations. Fifteen copies of the application and supporting documentation shall be initially submitted.
B.
The Zoning Officer shall determine if the application
includes all of the information required by Section 1298.19(i)(3)(A).
If any application is incomplete, it shall not be accepted for filing,
the formal review period shall not begin and the application shall
be returned to the applicant with a written list of the missing information.
C.
The application shall be accepted for filing
when the Zoning Officer determines that the application is complete.
The Township shall advise the applicant in writing of the filing date
of the application. Complete applications shall then be accepted at
the next following Board of Supervisors' public meeting, and action
on such application shall be required by the Township within 90 days
of such formal acceptance.
D.
The filed application shall be reviewed by an
Historic Advisory Committee appointed by the Board of Supervisors
or, if no such Committee has been appointed, by the Planning Commission
or a subcommittee thereof. The review and recommendations of the Historic
Advisory Committee or Planning Commission shall be in writing and
shall be delivered to the Board of Supervisors within such time as
to permit the Board to meet the deadline for action on the demolition
permit application provided for above.
E.
During the course of the review of the application
and prior to any action by the Township within the required ninety-day
period, the application may be revised by the applicant. Fifteen copies
of any revised application shall be submitted and shall note the dates
of any and all revisions and a summary of the nature thereof. Upon
the submission of the revised application, any previously submitted
application shall be deemed withdrawn from consideration and a new
ninety-day time period shall commence from the date of the filing
of the revised application.
F.
The decision of the Township on the permit application
shall be in writing and shall be communicated to the applicant personally
or mailed to the applicant at the address shown on the application
within the above-mentioned ninety-day period.
G.
The decision of the Township shall be appealable
under the Local Agency Law.
(4)
Review of all demolition permit applications.
All applications for demolitions received by the Township shall be
reviewed against the Historic Resources Map. If the application concerns
an historic resource, the Zoning Officer shall advise the applicant
that he must comply with the procedures and requirements of this section.
(5)
Application requirements for the demolition
of historic resources. In addition to applicable requirements under
the Building Code, an applicant seeking a permit to demolish an historic
resource shall submit 15 copies of a written report, including the
following information with regard to that resource:
A.
Owner of record.
B.
Reasons why the demolition cannot be avoided.
C.
Proposed method of demolition.
D.
Future uses of the site and whether historic
elements or materials from the demolished resource can be incorporated.
E.
Alternatives to demolition which have been explored
and why they have been rejected.
(6)
In reviewing the application, the following
shall be considered:
A.
The effect of demolition on the historical significance
and architectural integrity of neighboring contributing historic resources.
B.
Economic feasibility of adaptively reusing the
resource proposed for demolition.
C.
Alternatives to demolition of the resource;
D.
Special incentives to encourage the owner to
maintain the structure.
(7)
Subject to the exception set forth in Section
1298.19(i)(7)(C) below, the Board of Supervisors, after reviewing
the written recommendations of the Historic Advisory Committee or
the Planning Commission, shall choose one of the following courses
of action:
A.
The demolition permit shall be issued if, in
the opinion of the Board, the applicant demonstrated by substantial
evidence that one or both of the following factors exist:
1.
The structure is in such a deteriorated condition
that it is not structurally or economically feasible to preserve or
restore it, provided that any hardship or difficulty claimed by the
applicant that is self-created or the result of any failure to maintain
the structure in good repair cannot qualify as a basis for the issuance
of a demolition permit.
2.
The denial of the application would deny the
owner of the structure all economically viable use of the property.
The applicant shall have the burden of providing all information,
financial or otherwise, necessary to determine whether one or both
of the foregoing factors exist.
B.
If the Township determines that the demolition
permit shall issue, the Township's order may provide that the Township
or its authorized agents shall be permitted an additional period of
45 days to document the resource proposed for demolition, prior to
the actual demolition of the resource. Such documentation may include
photographs, floor plans, measured drawings, archeological survey,
and any other comparable form of documentation desired by the Board,
or recommended by the United States Department of the Interior, National
Park Service, Historic American Buildings Survey, and the Historic
American Engineering Record.
C.
Notwithstanding the presentation of the economic
or financial criteria set forth in Section 1298.19(i)(7)(A), the Board
of Supervisors may direct that the demolition permit be denied because
of the architectural or historic significance of the historic resource
and the permit not be issued if one or more of the following factors
exist:
1.
The structure is of such unique or important
historic significance that its demolition would be materially detrimental
to the public interest.
D.
In the event that the owner withdraws the application,
the Board shall issue a report indicating same. Any request to withdraw
an application shall be in writing and submitted to the Board.
(8)
Information. In making the determination, and
in order for the applicant to meet its burden, under Section 1298.19(i)(7)(A),
the Board of Supervisors may request that the applicant provide some
or all of the following information:
A.
Amount paid for the property, date of purchase,
and party from whom purchased, including a description of the relationship,
whether business or familial, if any, between the owner and the person
from whom the property was purchased.
B.
Assessed value of the land and improvements
thereon according to the most recent assessment.
C.
For depreciable properties, a financial statement
prepared by an accountant or broker of record.
D.
All appraisals obtained by the owner in connection
with his purchase or financing of the property, or during his ownership
of it.
E.
Bona fide offers received for sale or rent of
the property, and prices asked, if any.
F.
Any consideration by the owner as to profitable,
adaptive uses for the property suggested by the Township or others.
(9)
Reasonable costs incurred by the Board for the
review of the plans or studies submitted by the applicant shall be
reimbursed by the applicant to the Township.
[Added 1-27-2009 by Ord. No. 462]
(a)
The
erection and use of structured parking facilities shall be permitted
only in the D-1 Special Use District and the F-1 Zoning District subject
to the following regulations:
[Amended 5-28-2019 by Ord. No. 523]
(1)
Parking structures shall be permitted only upon demonstration to
the satisfaction of the Township that the site will be no more intensely
developed (as to permitted square footage of building and to required
number of parking spaces) than could be achieved through the use of
surface parking alone.
(2)
Parking structures shall be located entirely within the principal
building envelope, except in the instance where the subject property
is immediately adjacent to the right-of-way of a limited access highway.
Parking structures immediately adjacent to such a highway may be located
no closer than 50 feet from the ultimate right-of-way of the adjacent
highway, which shall be considered the parking setback line. When
located in the D-1 Special Use District, parking structures shall
be no greater than two stories in height.
(3)
The design, layout and sizes of the parking spaces, driveways, ramps
and other elements of the parking structure shall be subject to the
review of the Township Traffic Engineer and the approval of the Township.
(4)
The exterior facade of the parking structure shall be of a design
and materials consistent with adjacent occupied structures on the
site. Compatibility of design shall be accomplished through the use
of like materials, similar detailing and harmonious proportioning
of the design elements. The design shall be subject to the review
and approval of the Board of Supervisors at the appropriate stage
in the land development approval process.
(5)
There shall be no projection of lighting or other elements above
the required guardrail height on the roof deck of parking structures,
except for minimal access shelters over stair enclosures.
(6)
Parking structures shall be effectively screened from off-site view
through the use of other buildings or berms and landscaping. Berms
shall be a minimum of eight feet high, and the plantings on top of
the berm shall be a minimum of 10 feet in height and shall be planted
in sufficient density to provide an opaque screen. Parking structures
adjacent to a divided, limited access highway shall be exempt from
the above requirements, but shall be subject to the requirement of
a softening buffer composed of deciduous trees as approved by the
Township. In addition, any openings into parking structures adjacent
to these highways shall be architecturally treated (through the use
of screens, louvers, etc.) in a manner so as to obscure the direct
view of the automobiles parked in the structure.
(7)
Parking structures shall in all cases be 10 feet lower in height
than the occupied buildings that they serve on the site, and their
perimeter length shall not exceed the perimeter length of the occupied
buildings that they serve.
[Added 8-22-2017 by Ord.
No. 513]
No flag lot shall be hereafter created, except for single-family
detached dwelling use, and pursuant to the following conditions:
(a)
The parcel of land being developed is of such a shape, size and configuration
that the use of a flag lot(s) is a reasonable method of developing
and providing access to the site.
(b)
Number of flag lots permitted.
(1)
The number of flag lots permitted is based on the number of
lots ultimately approved and/or developed on a parcel as follows:
(2)
The number of allowable flag lots shall be based on the configuration
of the overall property/parcel as of the effective date of this section.
Where development is staged or approved pursuant to subdivision applications
submitted at different times, the total number of permissible flag
lots is to be based on the total number of subdivided lots ultimately
approved for the entire parcel as it was originally configured.
(c)
No more than two flag lot access strips may be located adjacent to
each other.
(d)
The access strip serving any flag lot shall have a minimum width
of 50 feet and shall not exceed 300 feet in length, as measured from
the street right-of-way to the point where the lot achieves the minimum
required lot width. No portion of the access strip shall be counted
as a part of the required lot area.
[Amended 3-8-2023 by Ord. No. 537]
(e)
A driveway serving a flag lot shall have a minimum stabilized width
of 20 feet and a paved width of 16 feet for its entire length, shall
be unobstructed for a height of 14 feet, shall not exceed a 10% grade,
shall be paved, and shall be capable of supporting a vehicle with
a gross vehicle weight of 80,000 pounds.
(f)
The front yard of any flag lot must include buffer plantings along
the full width of the lot.
(g)
The required lot area and front yard dimension of flag lots shall
be 150% of the minimum otherwise specified for the zoning district
in which the lot is located.
