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.
(1) 
Distance from other buildings: 10 feet.
(2) 
Distance from side lot line and/or rear lot line: three feet.
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:
(1) 
For a building or structure with a roof, whether or not fully enclosed: not less than 10 feet from any other buildings (including existing buildings on a lot owned by another person or entity).
(2) 
Distance from side lot line or rear lot line: not less than three feet.
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.
[1]
Editor's Note: See Ch. 295, Street, Sidewalk and Driveway Specifications, Art. IV, Construction Standards for Driveways and Parking Areas for Commercial, Industrial and Multifamily Uses.
(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.
(c) 
One sign, identifying the premises as an office and setting forth the names and professions of the occupant or similar information, not exceeding 25 square feet in size shall be permitted for any professional office use permitted in accordance with § 350-43B.
(d) 
A sign, not exceeding one square foot in size, to identify the place of residence of any resident under § 350-43D.
(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:
[1] 
If the sign is fixed to the building, it shall have a size which does not exceed 1/4 of the area of the wall of the building to which the sign is attached, facing the same direction of the sign; or
[2] 
If the sign is freestanding, it shall not exceed 40 square feet on one side.
(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:
(a) 
Any signs permitted in C-1 and C-2 Commercial Districts.[1]
[1]
Editor's Note: Former subsection (b) (1) through (6), which immediately followed this subsection, were repealed by Ord. No. 1567.
(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:
(a) 
Billboards; and
(b) 
Any single use permitted in the underlying zoning classifications.
(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.
(5) 
As a condition of the grant of a special exception, the applicant must submit a land development plan complying with the standards of § 350-185D and in accordance with the provisions of Chapter 300, Subdivision and Land Development, of the Township Code.
(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:
(a) 
The minimum building setback in the underlying zoning district.
(b) 
Two hundred fifty feet from residential property lines.
(c) 
One hundred feet from other property lines.
(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.
(11) 
The planting and maintenance of landscaping materials shall be required to screen as much as possible of the antenna support structure and fencing surrounding the cell site in accordance with § 300-41 of Chapter 300, Subdivision and Land Development, of the Township Code.
(12) 
Except for an antenna being mounted on an existing structure, the applicant must submit a land development plan complying with the standards of this Subsection D and in accordance with the applicable provisions of Chapter 300, Subdivision and Land Development, of the Township Code.
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.