This chapter shall not apply to any existing or proposed building
or extension thereof used or to be used by a public service corporation
if, upon petition of the corporation, the Public Utilities Commission
shall, after a public hearing, decide that the present or proposed
situation of the building in question is reasonably necessary for
the convenience or welfare of the public.
No building shall exceed 40 feet in height, unless specifically
provided in this chapter.
A.
Fences erected within rear or side yard areas or behind the required
front setback for buildings may not exceed six feet in height, except
fences for tennis courts may exceed six feet in height, provided that
such fences may not be erected within 50 feet of a dwelling located
on an adjoining property and must be open-wire-type fence only.
B.
Fences or walls erected within the front yard restricted area or
along any street frontage of a lot may not exceed four feet in height.
This section shall not apply to retaining walls where the top of the
retaining wall is at or below the average grade level of the lot.
[Amended 11-9-2009 by Ord. No. 1580]
C.
In the event that there are at least three or more existing dwellings
situated on the same side of the street and on the same block which
are nonconforming as to the required front setback for buildings,
then a six-foot-high fence may be permitted in either or both side
yards behind the front face of the dwelling.
No building and no part of a building shall be erected within
or shall project into the front yard except cornices, eaves, bay windows
or chimneys, projecting not more than 36 inches. Steps, open or enclosed
porches, and terraces not extending more than one story in height
shall be permitted to project not closer than eight feet to the side
property line of a lot. Chimneys shall be permitted to project not
more than 24 inches into the side yard and not closer than eight feet
to the side property line of a lot.
Except as otherwise provided in § 350-172 as to accessory buildings on single-family residential lots, all accessory buildings erected on a lot shall conform to all yard requirements applicable to the principal use of the lot, and no accessory building may be erected which would increase the building coverage of the lot beyond that which is provided for in the applicable zoning district within which such lot is situated. No accessory building shall be erected in the required front yard (or, in the case of a corner lot, front yards) of any lot. Any accessory building larger than a utility shed with dimensions of 10 feet by 12 feet shall have a maximum height from the finished floor of 16 feet.
A.
Except as otherwise provided in this section for utility sheds, all
accessory buildings erected on residential lots in the R, R-1, R-2,
R-3 and R-4 Residence Districts and on any single-family residential
lot in the P Professional District shall conform to the following
requirements:
(1)
Maximum size of accessory building. No accessory building may
be erected which would increase the amount of aggregate building coverage
of the lot beyond that which is provided for in the applicable zoning
district within which such lot is situated, and in addition, the following
accessory building sizes for lots shall be followed:
(a)
For lot sizes under 14,000 square feet, no accessory building
shall exceed 300 square feet.
(b)
For lot sizes from 14,000 square feet to less than 20,000 square
feet, no accessory building shall exceed 600 square feet.
(c)
For lot sizes in excess of 20,000 square feet, but less than
one acre, no accessory building shall exceed 900 square feet.
(d)
For lot sizes of one acre or more, no accessory building shall
be erected which would increase the amount of aggregate building coverage
of the lot in excess of the maximum building area of the lot.
(2)
Location of accessory buildings:
(a)
No accessory building shall be erected in the required front
yard (or, in the case of a corner lot, front yards) of any lot.
(b)
Any accessory building in a side yard in front of the rear building
line of the principal building shall comply with all applicable side
yard requirements applicable to the principal use of the lot.
(c)
Any accessory building in a rear yard may be constructed with
the following distances from side lot line and rear lot line: seven
feet where proposed accessory building is to be of frame construction
or five feet where proposed accessory building is to be of masonry
construction.
(d)
Minimum distances of separation from other buildings: 10 feet.
(3)
Building height. No accessory building shall exceed 16 feet
in height from the finished floor level, and except for gable walls,
no wall shall exceed nine feet in height from the finished floor level.
B.
Utility shed. A utility shed may be erected anywhere in the rear
or side yard area of a lot, provided that the following minimum distances
of separation from other buildings and lot lines are followed.
C.
Other accessory structures and buildings. Any accessory structure
or building not otherwise provided for, having a building area not
exceeding 120 square feet, having a maximum building height not in
excess of 10 feet, and not requiring a permanent foundation with footings,
may be erected anywhere in the rear or side yard area of a lot, provided
that the following minimum distances of separation from other buildings
and lot lines are followed:
In a residential district, buses, trucks or commercial vehicles
above class 3, as defined by the Pennsylvania Motor Vehicle Code,
shall at no time be parked on a residential property. Such vehicles
shall be parked or stored in a garage.
A.
No camping vehicle, houseboat, utility trailer, mobile home or recreation
vehicle in excess of 20 feet in length, nor any other temporary structure,
shelter or vehicle such as a tent or semitrailer, shall be stored
or placed upon any property in the Township for a period in excess
of two weeks, except by and with the consent of the Township Commissioners
or Zoning Officer first having been obtained.
(1)
No consent shall be required if the camping vehicle, houseboat,
utility trailer, mobile home, recreational vehicle, or other similar
type of trailer or vehicle is placed or stored in an entirely closed
structure.
B.
Permits.
(1)
Any person desiring to obtain consent as hereinbefore required
shall, upon application and approval, be issued a permit which shall
be valid for a period of one year. The permit may be renewed annually.
(2)
The consent of the Township Commissioners or Zoning Officer,
whenever required under this section for the approval of an application
and issuance of an annual permit, shall be based upon the health,
safety and welfare of the community. Factors to be considered when
an application has been submitted shall include, but not be limited
to, the following: the nature of the structure, shelter or vehicle
and the property upon which it is placed; the parking requirements;
use of the structure, shelter or vehicle while so placed; danger to
the general public; blockage of light and air; the appearance of the
structure, shelter or vehicle in relation to the surrounding community;
the proximity of the structure, shelter or vehicle as compared with
ownership of the property upon which it is placed.
C.
In a residential district, such vehicles, after consent, may be stored
in the rear or side yard but shall not be nearer than five feet of
any property line, except when stored on a side yard driveway.
Except as may be otherwise provided in this chapter, no building
and no part of a building may be erected which shall extend to within
15 feet from the established legal side line of any street or highway.
Should any section or provisions of this chapter be declared
by court to be invalid, such decision shall not affect the validity
of the chapter as a whole or of any other part thereof.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety and morals and general welfare of the Township.
It is not intended by this chapter to interfere with any building
code heretofore or hereafter adopted or any rules or regulations of
the Board of Health of the Township.
A.
Off-street parking.
(1)
A motor vehicle garage space or an outdoor parking space (see definition in § 350-3 hereof) shall consist of usable area not less nine feet wide by 18 feet in length for each motor vehicle, exclusive of maneuvering area, or interior driveways or access roads connecting the parking space with a street, alley or right-of-way. Outdoor parking or service areas for commercial, industrial, institutional, apartment or other multifamily dwelling uses, and the approaches thereto, shall be paved in accordance with the specifications set forth in Chapter 295, Article IV,[1] of the Upper Moreland Township Code and shall be graded,
properly drained and maintained in good condition. Lines delineating
parking spaces must be painted in such parking areas to show individual
parking spaces of the size required hereby, and such painted lines
must be properly maintained at all times. Except as restricted by
applicable provisions for buffers, landscape areas, impervious coverage
ratios and other restrictions in individual zoning districts, outdoor
parking areas and approach driveways shall be permitted in the required
yard areas of any lot or tract of ground.
(2)
A garage may be located wholly or partly inside the walls of
the main building or attached to the outer walls. If separated from
the main building, the garage shall conform to all accessory building
requirements. The garage may be constructed under a yard or court
when authorized as a special exception but may not extend within 10
feet of any lot line. The space above the underground garage shall
be deemed to be part of the open space on the lot on which it is located
to the extent determined by the Zoning Hearing Board and when authorized
as a special exception.
B.
Facilities required. On any lot on which a building is hereafter
erected or substantially altered or used for any of the purposes hereafter
set forth or uses similar thereto, there shall be provided, as a minimum,
the number of off-street parking spaces as set forth below. Such parking
spaces shall be readily accessible to and within a reasonable distance
from the buildings served thereby, and in the case of any retail use,
such parking spaces shall be located in an area facing an entrance
to such use. In the case of an extension of or addition to an existing
building, such extension or addition shall comply with the requirements
hereof. An off-street parking facility provided to comply with the
provisions of this chapter shall not subsequently be reduced below
the requirements of this chapter.
(1)
Single- or two-family dwelling. Two spaces for each dwelling
unit in a single- or two-family dwelling.
(2)
Apartment house or multiple dwelling. Two spaces for each dwelling
unit, plus additional spaces for nonresidential uses within the apartment
house or multiple dwelling in accordance with the provisions of this
section relating to any such nonresidential use.
(3)
Boardinghouses or rooming houses. One parking or garage space
for every efficiency apartment or room for rent, plus two spaces for
any principal dwelling unit.
(4)
Tourist homes. One parking or garage space for each room for
rent, plus one space for the resident family.
(5)
Hotel or motel. One space for each guest room or rental unit,
plus additional space for nonresidential uses within the hotel or
motel in accordance with the provisions of this section relating to
any such nonresidential use.
(6)
Auditorium, assembly hall, stadium, recreational establishment
or other place of public assemblage, including a school auditorium,
but not a bowling alley: one space for every four fixed seats or,
where capacity is not determined by the number of fixed seats, one
space for each 100 square feet of floor and lot area devoted to patron
use, provided that a public library shall provide one space for each
300 square feet of floor area devoted to patron use.
(7)
Restaurant or similar establishment. One parking space for every
two seats or one space for every 50 square feet of gross floor area
exclusive of basements if not devoted to the use of patrons, whichever
is the larger, together with one space for each employee on the shift
having the largest number of employees. Fifty additional spaces shall
be provided where such establishment serves food or beverages for
consumption upon the premises outside of the building erected thereon.
(8)
Retail store, personal service or custom shop. One space for
each 200 square feet of gross floor area or portion thereof.
(9)
Office, office building or bank. One space for each 200 square
feet of floor area or portion thereof exclusive of basement area if
not used for office purposes, except that for a medical office which
is not in a residence, one space shall be provided for each 100 square
feet of floor area or portion thereof.
(10)
Manufacturing. One space for each 500 square feet of gross floor
area or fraction thereof exclusive of basements not used for manufacturing.
(11)
Automobile service establishment:
(a)
Motor vehicle service station, public garage, automobile repair
shop, or similar use, whether a separate use or in conjunction with
a motor vehicle sales agency. One space for each gasoline pump and
five spaces for each service stall or similar area located within
or adjacent to a service station, garage, motor vehicle showroom or
repair shop wherein motor vehicles are painted, repaired, adjusted,
serviced, washed or lubricated by mechanics or servicemen.
(b)
Motor vehicle sales agency. One space for each 100 square feet of floor area devoted to office, sales or showroom use, in addition to the spaces required in Subsection B(11)(a) above for service and repair facilities.
(c)
Used car lot, whether a separate use or in conjunction with
a sales agency, or other use. One space for each 1,000 square feet
of lot area. Such area shall be marked and reserved for patron use.
(d)
Car wash establishment. Sufficient parking space to prevent
the use of the adjoining public street for the storage or holding
of motor vehicles before or after servicing and in no case less than
15 spaces of waiting area per washing lane and 1,000 square feet of
finishing area.
(12)
Hospital, skilled nursing facility, or personal care facility.
One and one-half spaces for each licensed patient bed, together with
one space for each employee on the shift having the largest number
of employees.
(13)
Life care complex. One and one-half spaces for each dwelling
unit, one space for each patient bed in any health care facility provided
as a part of a life care complex, together with one space for each
employee on the shift having the largest number of employees.
(14)
Bowling alley. Six spaces for each alley.
(15)
Funeral parlor. One space for each 100 square feet of floor
area devoted to assembly room purposes, together with one space for
each employee and each vehicle normally stored on the premises.
(16)
Theater. One space per three fixed seats.
(17)
Day-care center or nursery school. One space for each employee
and one space for each 100 square feet of classroom area or fraction
thereof.
(18)
Building or use other than specified above. One space for each
200 square feet of floor area devoted to patron, office or employee
use or one space for each 1,000 square feet of lot area, whichever
is the larger, provided that in the case of any use where the preceding
requirement is clearly demonstrated to be unreasonable, such number
of spaces as the Zoning Hearing Board shall authorize as a special
exception based upon the standard closest to the proposed use.
C.
Loading, unloading and waste disposal requirements. In addition to
the required off-street parking spaces for a particular use, on any
lot on which a building is hereafter erected, substantially altered,
or used as an institution, apartment house, or for any trade, business,
industry, restaurant or other food establishment, or for any similar
use involving the receipt or distribution of materials or merchandise,
there must be provided adequate off-street loading, unloading and
waste disposal space with proper access from a street, alley or right-of-way.
Such space shall be sufficient to accommodate all truck loading, unloading
and a separate adequate area (not less than 10 feet by 25 feet) for
the accommodation of waste disposal containers or dumpsters to serve
each separate use. No such loading, unloading and waste disposal space
shall be located in the required front yard area.
D.
Parking reserve areas. The total number of parking spaces required by this § 350-178 shall be clearly set forth and labeled as such on the development, subdivision or other plan required to be filed by the landowner or developer with the Township before the issuance of a building permit or certificate of occupancy. However, the number of spaces required to be constructed by this chapter may be reduced and the land area equal to the reduction shall be denoted, "Parking Reserve Area." Said reduction may be accomplished only upon full compliance with each of the following conditions:
(1)
The landowner or developer shall certify that the parking needs
for the use to which the lot or property is to be devoted are less
than those required by the terms of this chapter.
(2)
The Township Engineer shall concur with and approve the certification
that a lesser number of parking spaces is sufficient.
(3)
The parking reserve area created by such reduction shall be
clearly set forth and labeled as such on the development, subdivision
or other plan required to be filed with the Township.
(4)
The parking reserve area so created shall be utilized as open
space and shall be maintained by the owner or owners of the proposed
development.
(5)
The parking reserve area shall be converted to parking area
at such time when the landowner or developer further certifies that
the need to use such reserve area for parking has arisen or when the
Township Engineer, upon review and inspection of the premises in question,
certifies to such fact. Such reserve area shall be paved pursuant
to the applicable ordinance and regulations immediately after certification
and shall be completed within the time set forth by the Township.
E.
Reduction of requirements by special exception. The Zoning Hearing
Board, by special exception, may grant a reduction in the amount of
required parking spaces up to 25% upon proof (based on standards generally
accepted by traffic engineers or land planners, such as that published
by the Urban Land Institute or actual parking studies conducted in
the region) that the proposed development plan involves uses in which
there are efficiencies derived by sharing parking for uses which have
complementary peak parking demands.
F.
Shared parking. Required parking spaces for commercial uses may be
located other than on the same lot when authorized by the Zoning Hearing
Board as a special exception, subject to the following conditions:
(1)
The owners of two or more commercial establishments shall submit,
with their application for special exception, a site plan showing
joint use and location of a common off-street parking area.
(2)
Some portion of the common off-street parking area shall be
within 200 feet of an entrance regularly used by patrons into the
buildings served by such parking area.
G.
Design requirements for multiple-dwelling complex, industrial and
commercial parking lots. All parking lots for multiple-dwelling, industrial
or commercial districts shall be operated and maintained in accordance
with all of the following conditions:
(1)
They shall not be used for the sale, repair or dismantling of
any vehicle, equipment, materials, or supplies.
(2)
They shall be properly graded for drainage; surfaced with concrete,
asphaltic concrete, asphalt, or any dust-free surfacing and maintained
in good condition, free of weeds, dust, trash or debris.
(3)
They shall be provided with entrances and exits so located as
to minimize traffic congestion and the effect of headlight glare.
(4)
Parking spaces shall be provided with wheel or bumper guards
so located and arranged that no part of any parked vehicles will extend
beyond the boundaries of the parking lot.
(5)
Lighting facilities shall be so arranged that they neither unreasonably
nor unnecessarily disturb occupants of adjacent residential properties
nor interfere with traffic by either location or glare.
(6)
A planting strip shall be provided along each property line
which is opposite or adjacent to a residential district, on which
shall be planted hedge, evergreens or other suitable shrubbery, so
arranged as to minimize noise, glare and dust from all parking facilities.
A.
No sign for which a permit fee is required shall be erected or altered
unless the fee has been paid and a permit has been issued for such
erection or alteration.
B.
Any sign hereafter erected or maintained shall conform with the following
regulations:
(1)
Signs in R, R-1, R-2, R-3 Residence, M Multiple Dwelling, and
HR High-Rise Districts. The following types of signs, and no others,
shall be permitted in R, R-1, R-2 and R-3 Residence, M Multiple Dwelling
and HR High-Rise Districts:
(a)
Official traffic signs.
(b)
Professional name signs indicating the name and profession of
the occupant of a dwelling, trespassing signs, or signs indicating
the private nature of a driveway or premises, provided that the size
of any such sign shall not exceed one square foot.
(c)
Identification signs for schools, churches, hospitals, or similar
institutions and for clubs, lodges, farms, estates or similar uses,
provided that the size of such sign shall not exceed 25 square feet.
(d)
Roadside stand signs advertising the sale of farm products when
permitted by this chapter, provided that the size of any such sign
shall not exceed six square feet.
(e)
Temporary signs, as follows:
[1]
Signs advertising the sale or rental of the premises upon which
they are erected or the fact that the premises has been sold or rented,
provided that the size of any such sign shall not exceed 50 square
feet until after development, when such sign shall not exceed six
square feet.
[2]
Signs of mechanics, painters and other artisans erected during
the period such persons are performing work on the premises on which
the signs are erected, provided that the size of any such signs shall
not exceed 12 square feet.
[3]
An additional sign, temporary in nature, and no larger in area
than any single sign permitted in the applicable district, to be erected
for a temporary period not in excess of 28 days in any twelve-consecutive-month
period to advertise a special event. Prior to the erection of such
sign, a special permit for such shall be obtained from the Department
of Code Enforcement. On sites having more than one occupant, such
temporary signs shall be limited to a maximum of three temporary signs
for the said temporary period of 28 days in any twelve-month period.
On retail sites in excess of 35 acres and with 15 or more tenants,
such temporary signs shall be limited to a maximum of 20 temporary
signs for the said temporary period of 28 days in any twelve-consecutive-month
period. Any such retail site may have a maximum of four such temporary
signs on such retail site at any one time.
[Amended 9-14-2009 by Ord. No. 1579]
(2)
The
following types of signs, and no others, shall be permitted in the
P Professional Districts:
(a)
Any sign permitted in § 350-179B(1)(a) and (e) for any of the uses permitted in accordance with § 350-43.
(b)
Any sign permitted in § 350-179B(1) for any use permitted in accordance with § 350-43A.
(3)
Signs
in C-1 Commercial Districts, C-2 Commercial Districts, O Office Districts,
SC Shopping Center Districts, and CC Commercial Core Districts. The
following types of signs and notices shall be permitted in C-1 Commercial
Districts, C-2 Commercial Districts, O Office Districts, SC Shopping
Center Districts and CC Commercial Core Districts.
(a)
Any sign permitted in § 350-179B(1).
(b)
Signs advertising a business conducted on the premises, provided
that:
(c)
Temporary signs. In addition to the temporary signs provided under Subsection B(1)(e), a portable A-frame sign, commonly referred to as a "sandwich board sign," shall be permitted under the following conditions:
[1]
Such sign shall not exceed four feet in height and two feet
in width and shall not be illuminated. Such sign shall be constructed
so as to be stable and self-supporting.
[2]
Such sign shall not be located as to create an obstruction to
pedestrian traffic on the sidewalk, with a minimum four feet of unobstructed
sidewalk width beside such sign being maintained at all times.
[3]
Such sign shall not be located as to create an obstruction to
vision for motor vehicle sight lines at the intersections of public
streets or where a driveway enters a public street or any other area
for motor vehicle traffic, such as interior driveways of any place
of business.
[4]
There shall be no more than one sign for each place of business,
and such sign may only be placed during the hours of operation of
the business or during daylight hours, whichever is less, and must
be removed and stored either after daylight hours or upon the close
of business.
[5]
A person employing a temporary sign under the terms of § 350-179B(1)(e)[3], relating to temporary signs for special events, also may not use simultaneously a portable A-frame sign at the same location.
[6]
Any person desiring to use such sandwich board sign must obtain
an annual permit from the Township's Department of Code Enforcement
and shall agree as a condition of the issuance of such permit to comply
with the requirements of this subparagraph and to assume liability
for any damage or injury resulting from the use of such sign.
(d)
One internally illuminated LED and digital sign per property
is permitted for properties with a street frontage of at least 150
feet along Blair Mill Road, Terwood Road, Davisville Road, Old York
Road, Moreland Road or Routes 63 or 611 only, and also permitted for
properties with any street frontage on Easton or County Line Roads,
but no flashing elements, rotating, pulsing, "marching" or oscillating
light sources, lasers, beacons, strobe lighting, video, streaming
video, moving pictures or animated graphics are permitted. Copy that
changes no more frequently than once every eight seconds is permitted.
The LED output shall be automatically reduced to a brightness level
that does not create glare during the hours of 11:00 p.m. and 6:00
a.m. For properties located on the designated roadways as listed above
and without the required 150 feet of street frontage as required above,
one such sign, not to exceed 25 square feet, parallel to the street
frontage on one of the permitted streets noted above and wall mounted,
is permitted.
[Added 6-6-2016 by Ord.
No. 1667; amended 1-9-2017 by Ord. No. 1672]
(4)
Signs
in I Limited Industrial District and S Small Industrial District.
The following types of signs, and no others, shall be permitted in
I Limited Industrial Districts and S Small Industrial Districts:
(5)
No more than one sign shall be erected on any lot or premises;
excepting, if any lot or premises fronts on more than one street,
one sign may be erected facing each street frontage, and excepting,
further, that one additional sign may be erected on any building facing
a parking lot situate on the said lot or premises, and excepting,
further, that in any SC Shopping Center District one additional sign
shall be permitted in each shopping center to designate the name of
the shopping center.
(6)
No sign shall be placed in such a position that will cause danger
to traffic.
(7)
No sign shall be erected in a public right-of-way or overhang
by more than 24 inches any public right-of-way.
(8)
Any sign which is not kept in good condition and repair or which
no longer serves a useful purpose shall be removed.
(9)
No movable or swinging sign shall be erected within two feet
of any public right-of-way.
(10)
All electrical signs shall conform to the requirements of the
National Electrical Code currently in effect in the Township.
(11)
Provided that the edge of the sign is not located within 100
feet of a property zoned R-2, R-3, R-3A, or R-4, then one internally
illuminated LED and digital sign per property is permitted for properties
with a street frontage of at least 150 feet along Easton Road, Blair
Mill Road, County Line Road, Davisville Road, Old York Road, Moreland
Road, Terwood Road or Routes 63 or 611 only, but no flashing elements,
rotating, pulsing, "marching" or oscillating light sources, lasers,
beacons, strobe lighting, video, streaming video, moving pictures
or animated graphics are permitted. Copy that changes no more frequently
than once every eight seconds is permitted. The LED output shall be
automatically reduced to a brightness level that does not create glare
during the hours of 11:00 p.m. and 6:00 a.m.
[Added 6-6-2016 by Ord.
No. 1667]
(12)
No sign shall be painted directly on the surface of any building
or wall.
C.
Billboards.
[Added 7-6-2009 by Ord. No. 1567]
(1)
It
is the intent of these billboard provisions to:
(a)
Provide suitable areas within the Township to accommodate billboard
signs;
(b)
Provide design and regulatory standards for billboard signs
which will ensure the compatibility of adjacent uses and which will
minimize any adverse impact on neighboring uses, as well as the traffic
and the health, safety and welfare of the community; and
(c)
Reduce visual clutter and driver distractions.
(2)
Establishment of district.
(a)
The Billboard Overlay District shall be an overlay to the existing
or hereafter created underlying districts, as shown on the Zoning
Map, being:
[1]
One overlay zone which is 200 feet wide on the southerly side
of the Pennsylvania Turnpike center line extending from a point being
1,600 feet east from the intersection of the Pennsylvania Turnpike
and Pioneer Road for a distance of approximately 750 feet to the common
boundary line with Lower Moreland Township; and
[2]
A second overlay zone which is 200 feet wide on the northerly
and southerly sides of the center line of the Pennsylvania Turnpike
extending 4000 feet from Welsh Road along the center line in an easterly
direction.
(b)
The following provisions shall also apply to the Billboard Overlay
District:
[1]
Provisions of the Billboard Overlay District shall serve as
a supplement to the underlying district provisions. Billboards, where
allowable, may exist in conjunction with another lawful land use on
the same lot.
[2]
In case of a conflict between the provisions or requirements
of the Billboard Overlay District and those of any underlying district,
the more restrictive provisions shall apply.
[3]
A change in the underlying zoning shall not affect the classification
of any land zoned as the Billboard Overlay District.
[4]
Whenever the Billboard Overlay District is declared inapplicable
to any land by administrative or judicial action or whenever the Township
deletes land from the district, the underlying zoning classification
for the subject land shall apply.
(3)
Use regulations for the Billboard Overlay District. A building,
structure or combination of buildings may be erected, altered or used
and a lot may be used or occupied for any of the following purposes,
and no other:
(4)
Billboard standards. The following dimensional standards for
billboards shall apply:
(a)
Billboards shall have a maximum single-faced sign area of 360
square feet, with a horizontal length no greater than 30 feet and
a vertical width no greater than 12 feet.
(b)
A double-faced sign is permitted with a maximum of 360 square
feet per face, provided the sign faces are back to back or separated
by an angle of no more than 20°.
(c)
Billboards shall not be closer than 750 feet from another billboard
on the same side of the Turnpike.
(d)
The bottom of the sign area of the billboard shall be located
a minimum of 10 feet above the road surface of the Turnpike, and the
top of the sign structure shall be a maximum of 35 feet above the
road surface of the Turnpike or, when permitted by conditional use,
a freestanding sign may exceed 35 feet in height but shall be no more
than 60 feet in height where the topography of the site makes a lower
sign not visible to drivers along the Turnpike.
(e)
The following lighting standards shall apply:
[1]
For the lighting of billboards and externally illuminated signs,
fixtures shall be designed, fitted and aimed to limit the light pattern
to the sign or billboard, so as not to project their output into the
windows of neighboring properties, adjacent uses, past the face of
the billboard or sign, skyward or onto a public roadway.
[2]
Billboards and externally illuminated signs shall be lighted
by fixtures mounted at the top of the billboard or sign and aimed
downward.
[3]
Billboards and signs, whether on or off premises, shall be automatically
extinguished between 11:00 p.m. and 6:00 a.m.
[4]
The maximum initial illumination on the face of an externally
illuminated billboard or sign shall not exceed 30 vertical footcandles
and shall have a maximum-to-minimum uniformity ratio not to exceed
6:1.
[5]
The lamp rating for internally illuminated signs shall not exceed
1,000 initial lumens per square foot of sign.
[6]
The use of highly reflective signage that creates nuisance glare
or a safety hazard shall not be permitted.
(f)
A billboard shall comply with all other requirements for a principal
use within the district in which it is located except as otherwise
stated herein.
(g)
Any lot upon which a billboard is located must be adjacent to
the Pennsylvania Turnpike, with the billboard oriented to traffic
along the Turnpike.
(h)
No such billboard shall be erected within 500 feet of any land
zoned as a residential R, R-1, R-2, R-3, R-3A, R-4 or M Multiple Dwelling
District.
(i)
Any such billboard shall be constructed with durable, fire proof
materials, and maintained in good condition.
(j)
Any billboard which is not kept in good condition and repair
or which no longer serves a useful purpose shall be removed.
(k)
No billboard shall be placed in such a position that will cause
danger to traffic.
(l)
No billboard shall be erected in a public right-of-way.
(m)
All electrical signs shall conform to the requirements of the
National Electrical Code currently in effect in the Township.
(n)
Internally illuminated, LED and digital billboards are permitted,
but no flashing elements, rotating, pulsing, "marching" or oscillating
light sources, lasers, beacons, strobe lighting, video, streaming
video, moving pictures or animated graphics are permitted. Copy that
changes no more frequently than once every 12 seconds is permitted.
The LED output shall be automatically reduced to a brightness level
that does not create glare during hours of darkness.
(o)
No billboard shall be painted directly on the surface of any
building or wall or located on a rooftop of a building.
(p)
All billboards shall comply with any applicable regulations
of the Pennsylvania Turnpike and Pennsylvania Department of Transportation.
(q)
All billboard structures shall be screened with appropriate
landscaping.
(r)
All billboards shall be constructed so as to prevent climbing
on the structure by unauthorized personnel.
(s)
Stability. Signs shall be so constructed to comply with the
current AASHTO standard specification for structural supports for
highway signs, luminaires and traffic signals. All signs must be securely
anchored or otherwise fastened, suspended or supported so that they
will not be a menace to persons or property.
(5)
Development requirements. An applicant for billboard use under
this chapter shall submit a billboard permit application to the Zoning
Officer for review. Each application shall include:
(a)
A plot plan drawn to a scale of not less than one inch equals
50 feet, showing the location, dimensions and height of all existing
and proposed buildings, structures, and uses, including the relationship
to all property and street lines.
(b)
The location, dimensions and arrangements of all open space,
yards and buffer yards, including methods and materials being employed
for screening.
(c)
The dimensions, location, type and method of illumination for
all signs, in addition to the billboard sign proposed.
(d)
Plans indicating that the billboard signs are designed in accordance
with the Township Building Code chapter on structural design. The
design parameters shall be provided and the design certified by a
Pennsylvania-registered professional structural engineer.
(e)
Plans depicting the proposed landscaping for the billboard structure.
(f)
Applications for the lighting or relighting of signs and billboards
shall be accompanied by a point-by-point plot of initial vertical
illuminance on the sign or billboard face, catalog cuts of proposed
fixtures and any glare-reduction devices, and a description of lamps,
mounting location, aiming angles and proposed hours of operation and
method for automatically extinguishing the lighting by the required
hour.
(g)
Any other data or information deemed necessary by the Zoning
Officer to enable him to determine the compliance of the proposed
billboard with the terms of this chapter.
(6)
Annual registration and inspection required.
(a)
No later than January 15 of each year, all billboard owners
must apply for a billboard permit.
(b)
The Board of Commissioners shall set an annual permit fee by
resolution to cover the Township's costs to inspect each billboard
for compliance.
(c)
Inspections which reveal billboards not in compliance with this
chapter shall require permit holders to remediate the noncompliant
billboards at no expense to the Township.
The displaying of farm produce, nursery stock, dairy products,
etc., on or along any public highway is prohibited except when authorized
as a special exception by the Zoning Hearing Board.
]Amended 5-6-2019 by Ord.
No. 1700]
Prior to the issuance of any building permit in any multiple dwelling, commercial or industrial district or for any multiple dwelling, commercial or industrial structure, the applicant shall submit, together with plans for the proposed development, a planting or landscape plan, prepared by a registered professional landscape architect. The landscape plan and development plan, when approved by the Board of Commissioners, shall be fully complied with by the applicant. The responsibility of the applicant and/or current property owner to maintain the required landscaping extends beyond the expiration of the (eighteen-month guarantee period set forth in Chapter 300, Article V, Landscaping Regulations, of the Township's Code of Ordinances, and runs with the land. It is the responsibility of the property owner to replant, within 90 days of receiving notice from the Township, any required plantings observed by the Township to have been removed in violation of the landscape plan. This provision shall not be construed to prevent the removal and replacement of any required plantings deemed to be dead, diseased or hazardous by a landscaping professional, upon authorization of the Township Zoning Officer or designee.
Nothing in these regulations shall prohibit the erection of
swimming pools anywhere in the rear yard, provided that all pools,
with the exception of aboveground pools as hereinafter defined, shall
comply with all rear and side yard setback requirements for buildings
and shall be no closer than 10 feet from the main structure. Aboveground
pools not exceeding 460 square feet nor four feet in depth shall be
permitted to be constructed in the rear yard not closer than 10 feet
from the rear and side yard property lines.
[Amended 9-12-2011 by Ord. No. 1602]
Land or public space for open space, parks and active or passive recreation use shall be provided in accordance with the procedures and requirements of § 300-34 of the Subdivision and Land Development Ordinance. Open space shall be provided for all residential subdivisions involving more than five lots or land developments involving more than five dwelling units. Open space shall be provided for all nonresidential subdivisions and land developments involving more than 5,000 square feet of proposed building floor area.
On any single lot or parcel of ground in the Township there shall be one principal use. Any use of a single lot or parcel of ground shall be the principal use, which shall be either a permitted use under provisions of the Zoning District in which the lot or parcel is located or a nonconforming use under the provisions of Article XXVII of this chapter, together with any accessory use incidental to the principal use.
[Amended 11-13-2007 by Ord. No. 1551; 1-22-2018 by Ord. No. 1685]
A.
Purposes. The following regulations shall have the following purposes:
(1)
To accommodate the need for telecommunications antennas mounted
on towers specifically constructed for that purpose as well as to
permit and regulate antennae attached to existing poles, traffic signals,
light standards or other structures located in street, road and highway
rights-of-way and ancillary equipment for each while regulating their
location so as to minimize potential damage to passersby from obstructions
in the rights-of-way and to adjacent properties from structural failures
and adverse visual effects of antenna support structures; and
(2)
To encourage the joint use of antenna support structures and
equipment cabinets to minimize clutter on the landscape and within
rights-of-way.
B.
Uses.
(1)
An antenna that is attached to an existing antenna support structure, high-rise building, steeple, water tower, smokestack or other existing structure shall be permitted in all zoning districts, provided that the antenna shall not exceed the height of the existing structure by more than 15 feet. Such antenna and any ancillary equipment shall not be deemed to be an additional principal use that violates § 350-184 of this chapter.
(2)
A cellular tower site with an antenna that is not mounted on an existing structure is permitted as a special exception in the C-2 Commercial, M-1 Office and Limited Industrial, I Limited Industrial, S Small Limited Industrial and INST Institutional Districts in accordance with the provisions of § 350-185C hereof.
(3)
No other uses are permitted on a cellular tower site, including
business office, maintenance facility, vehicle storage or other use
of the site, unless otherwise permitted as a use in the zoning district
in which the cell site is located.
(4)
Antennae and other communications equipment designed to enable a distributed antennae system (DAS) located in the rights-of-way of the Township, the Pennsylvania Department of Transportation, the Pennsylvania Turnpike Commission, the County of Montgomery, or SEPTA (Southeast Pennsylvania Transportation Authority) are permitted by right in the C-1 Commercial District, C-2 Commercial Districts, SC Shopping Center District, O-Office, M-1 Office, Limited Industrial, I Limited Industrial, and S Small Limited Industrial Districts in accordance with Chapter 290, "Use and Maintenance of Streets and Sidewalks," and § 350-185F hereof.
(5)
Antennae and other communications equipment designed to enable a distributed antennae system (DAS) located in the rights-of-way of the Township, the Pennsylvania Department of Transportation, the Pennsylvania Turnpike Commission, the County of Montgomery, or SEPTA (Southeast Pennsylvania Transportation Authority) are permitted in residential zones (R, R-1, R-2, R-3, R-3A, R-4, M and HR) in accordance with Chapter 290, "Use and Maintenance of Streets and Sidewalks," and § 350-185F hereof, provided they meet the following criteria:
(a)
The antennae and associated communications equipment are attached
to an existing pole traffic signal, light standard or other existing
structure no further than 50 feet from a street intersection measured
from the pole or structure along the curbline or edge of paving;
(b)
The antennae and equipment are available to be shared by multiple
users;
(c)
The location, height and size of the equipment do not obstruct
a sidewalk, or the travel lane of a street, road or highway; and
(d)
The pole contains no other equipment shelters.
C.
Standards for approval of special exception where required by § 350-185B(2) for a cellular tower. An applicant for a special exception to permit the installation of an antenna or cellular tower site shall establish the following:
(1)
That the user of the proposed structure is licensed by the Federal
Communications Commission.
(2)
That the antenna is required on the proposed site to meet a
telecommunications need that cannot be satisfied by the use of an
existing structure. In connection with this requirement, the applicant
must show the location of all tall structures within a one-fourth-mile
radius of the proposed cell site and show that it made a good faith
effort to install the antenna thereon.
(3)
That the proposed antenna support structure, unless an existing
structure, will be designed and constructed so as to permit the location
thereon of at least one other telecommunications user.
(4)
As a condition of the grant of a special exception, the applicant
must agree to permit other antenna to be installed on the antenna
support structure and cannot refuse to permit such installations except
for the reason of interference with the intended purpose of the applicant's
own antenna.
(6)
As a condition of the grant of a special exception, the applicant
must agree to remove the antenna support structure when and if it
no longer is being used for any telecommunication function.
D.
Standards applicable to telecommunication antennas. An applicant
for an antenna or cellular tower site shall comply with the following:
(1)
The user of the proposed structure must be licensed by the Federal
Communications Commission.
(2)
The applicant must demonstrate that the proposed antenna support
structure is safe and that properties adjacent to the cell site will
not be adversely affected by any failure of the support structure
or any part thereof, falling ice, or electromagnetic interference.
The proposed antenna support structure must be designed and constructed
so as to permit the location thereon of at least one other telecommunications
user.
(3)
All guy wires anchoring an antenna shall be clearly marked so
as to be visible at all times and shall be located within a fenced
enclosure. Guy wires and their anchors must be set back from any property
line a minimum of 75 feet.
(4)
An eight-foot-high chain-link fence shall be required around
the antenna support structure and other equipment, unless the antenna
is mounted on an existing structure. Further, said chain-link fence
shall at all points be no closer than 15 feet from such antenna support
structure and other equipment. The antenna support structure shall
be fitted with an approved anticlimbing device or otherwise designed
to prevent unauthorized persons from being able to climb the structure.
(5)
Two all-weather parking spaces shall be provided unless there shall be any employees at the cell site, in which case parking shall be provided in accordance with this Article XXIV.
(6)
Antennas and their support structures must comply with the following
standards relating to aesthetics, placement and colors:
(a)
Antenna support structures shall be painted green up to the
height of nearby trees and then silver or some other color that will
minimize the visual impact of the antenna support structure.
(b)
All communications equipment buildings, sheds, cabinets or vaults
shall be designed to utilize materials, colors, textures, screening
and landscaping to blend them into the natural setting and surrounding
buildings to an extent reasonably feasible.
(c)
Any supporting electrical or mechanical equipment must be of
a neutral color that is identical to, or closely compatible with,
the color of the antenna support structure so as to make the supporting
electrical and mechanical equipment as visually unobtrusive as possible
and blended into the natural setting and surrounding buildings.
(7)
The antenna support structure shall be set back from property
lines of the lot upon which it is situated by the largest of the following:
(8)
An antenna support structure which is not mounted on an existing
structure or building shall not exceed 100 feet in height.
(9)
No signs or lights shall be mounted on the antenna support structure
or antenna except as may be required by the Federal Communication
Commission, the Federal Aviation Administration or other governmental
agency having jurisdiction or which may be needed for emergency repair.
(10)
The applicant must agree to remove the antenna support structure
when and if it no longer is being used for any telecommunications
function.
E.
Use certificate. The owner or user of any antenna support structure
or cell site shall annually file with the Department of Code Enforcement
a certification, on a form approved by such Department, setting forth
that such antenna support structure or cell site is in compliance
with all applicable requirements of the Township's Building Code and
Zoning Code. Without limiting the generality of the foregoing, such
certification shall include the following:
(1)
That all users of the antenna support structure for antennas,
whether existing or proposed, are licensed by the Federal Communications
Commission;
(2)
That the antenna support structure continues to be used for
telecommunication functions and, if not, the proposed plan of demolition
of such antenna support structure;
(3)
That no changes in antennas or equipment has been made without
obtaining the appropriate permits and supplying the necessary construction
drawings;
(4)
That the antenna support structure continues to be maintained
in a safe manner and that such owner has no knowledge or notice of
any adverse effect to any adjacent properties by virtue of any failure
of the support structure or any part thereof, falling ice, or electromagnetic
interference;
(5)
That the antenna support structure is or is not available to
permit the location thereon of at least one other telecommunications
user and, if not, the reasons for such unavailability;
(6)
That all required fencing or approved anticlimbing devices designed
to prevent unauthorized persons from being able to climb the structure
are being maintained and exist in good condition, fit for the intended
purpose of such fencing or approved anticlimbing devices; and
(7)
That the plantings and landscaping materials for the screening
of the antenna support structure and cell site are being maintained
and exist in good condition, fit for the intended screening purpose
of such plantings and landscaping materials.
F.
Standards applicable to all distributed antennae systems; antenna located in street, road or highway rights-of-way. An applicant for permission to install, alter, add or remove antennae or equipment on poles, traffic signals, light standards or structures located within street, road and highway rights-of-way shall provide with the application required under Chapter 290:
(1)
A certification that the equipment is to be located in accordance
with this zoning ordinance;
(2)
Proof that its devices, appendages, and antennae are certified
by Underwriters Laboratory or by another nationally recognized testing
laboratory as safe and that the poles or structures to which appendages
are to be attached are structurally sound. No antennae may be installed
in a right-of-way that is not located in or along a sidewalk, street,
road or highway.
(3)
Proof that the structure or pole is structurally sound and will
be maintained in such a condition for the length of the agreement;
(4)
A written guaranty that the equipment will be removed at the
end of the agreement or earlier if the presence of the antennae or
the equipment cabinet are a danger to the public health and safety;
(5)
Proof that the proposed location, height and size of the antennae
and equipment will not obstruct pedestrian or vehicular traffic;
(6)
Proof that any such use is nonexclusive and available to other
DAS providers;
(7)
Proof that the design and location of the equipment are compatible
with other users of the roads or sidewalks and surrounding land uses;
(8)
The pole, traffic signal, light standard or other structure
may not exceed 45 feet in height with antennae no greater than three
feet above that height; and
(9)
No pole, traffic signal, light standard or other structure may
contain more than three directional or panel antennae, one omni-directional
antenna and a GPS device no larger than one square foot.
In C-1 Commercial Districts, C-2 Commercial Districts, SC Shopping
Center Districts and CC Commercial Core District, tents and similar
temporary structures may be permitted to be used for special sales
events and other special events on any site or tract under the following
conditions:
A.
Such tent or temporary structure may be erected and used for a maximum
of 10 days in the aggregate during any twelve-month period, provided
that the maximum single usage shall not exceed seven days.
B.
Such tent or temporary structures shall not exceed 1,600 square feet
in area or a maximum of not more than 5% of the required parking area
for the uses on the site or tract, whichever is smaller.
C.
Such tent or temporary structure shall not be located as to create
an obstruction to vision for motor vehicle sight lines at the intersections
of public streets or where a driveway enters a public street or any
other area for motor vehicle traffic such as interior driveways of
any place of business.
D.
Any property owner desiring to erect or use such tent or temporary
structure must obtain a permit from the Township's Department of Code
Enforcement, which permit shall be subject to review for traffic and
public safety and fire safety by the Township's Police Department
and Department of Emergency Services.
An application for any conditional use, as specified in the
various articles of this chapter, shall be considered by the Township
Board of Commissioners according to the following procedure.
A.
It is recommended that the applicant submit an informal sketch plan
and review it with the Upper Moreland Township Manager and the Willow
Grove Redevelopment Consultant (if there is one retained) prior to
submitting a tentative sketch plan or any formal submissions. It is
the intent of the Township to see any plans as early as possible in
order to save the applicant unnecessary costs. The ninety-day review
clock will not begin until the applicant has submitted a formal request
for approval of a conditional use as per the requirements listed below.
B.
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of the chapter; a tentative sketch plan of the proposed development shall be included, as required in § 300-51 of the Subdivision and Land Development Regulations.
C.
The Township may submit one copy of the sketch plan to the Montgomery
County Planning Commission for its advisory review, one copy to the
Board of Commissioners, and other copies to agencies and/or technical
consultants whose review may be relevant.
D.
If the
owner of the property is not the applicant for the conditional use,
the owner must be a co-applicant with any tenant, equitable owner
or developer.
