Nothing herein contained shall be construed to render inoperative
any enforceable restriction established by covenants running with
the land and which restrictions are not prohibited by or are not contrary
to the regulations herein established.
[Ord. No. 793,
§ 1, 3-13-1978]
A lot which is of public record in single and separate ownership
at the time of enactment of this ordinance may be used for a permitted
use in the district in which it is located; provided, however, that
the minimum and maximum regulations of the district are met, or when
authorized as a special exception and upon submission of satisfactory
evidence to the fact that the smaller lot area or width will provide
safe and effective sanitary sewage disposal if the particular location
in question is not served by sanitary sewers. Such evidence may include,
but shall not be limited to, a specific recommendation from the official
representative of the health advisory board having jurisdiction.
No lot area shall be so reduced that the area of the lot, or
the dimensions of the open spaces, shall be smaller than herein prescribed.
This ordinance shall not apply to any existing or proposed building,
or extension thereof, or to any land used or to be used by a public
utility corporation if, upon petition of the corporation, the Public
Utility Commission shall, after a public hearing, decide that the
present or proposed situation or use of the building or land in question
is reasonably necessary for the convenience or welfare of the public.
A pump, light standard, air tower, water outlet or similar installation
of a gasoline filling station may be placed within the required front
yard but in no case closer to the front lot line than 15 feet, unless
otherwise specified in the district regulations.
[Ord. No. 1088, § 3, 11-18-1991]
When authorized as a special exception subject to the provisions of article XXI, section 2101.B. herein, where an unimproved lot of record is situated on the same street frontage with two (2) improved lots or one unimproved lot and one improved lot, the front yard requirement for that district may be modified so that the front yard shall be an average of the existing and as required front yard.
Dwelling quarters for watchmen and caretakers employed on the
premises shall be permitted in connection with any administrative
offices, laboratories or industrial establishments.
On any lot no wall, fence, sign or other structure shall be
erected, altered or maintained and no hedge, tree, shrub or other
growth shall be planted or maintained which shall interfere with a
free and unobstructed view down and across lands located at or near
the intersection of any two roads, or a road and railroad and railway,
or at any curve in any road, as may be necessary to assure a full
and unobstructed view in all directions at such crossings or curves
and to so prevent the use of such lands for any purpose or in any
manner which may interfere with or obstruct the vision of persons
traveling upon such highways.
[Ord. No. 890,
§ 1, 1-10-1983; Ord. No. 920, § 1, 10-8-1984; Ord.
No. 955, § 1, 11-10-1986; Ord. No. 1088, §§ 4,
5, 11-18-1991; Ord. No. 1195, § 1, 7-15-1996; Ord. No. 1268, § 3, 8-17-1998; Ord. No. 1382, § 12, 8-12-2002]
No building and no part of a building shall be erected within
or shall project into or over any required yard in any district, except
that:
A.
An unenclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such front
or rear yard more than one-half the required depth of the yard.
B.
A terrace, not covered by a roof, canopy or trellis or wood deck,
which does not extend above the level of the first floor of the building
may be erected to extend into a required yard a distance of not more
than 12 feet, provided that it shall not extend into such yard more
than 40% of the required depth or width of the yard.
C.
A patio, not covered by a roof, canopy or trellis, and any other
impervious surfaces may be erected in a required yard area, provided
that the patio or impervious surface is not closer than four (4) feet
from the rear and/or side lot lines in all zoning districts, except
in the D Residential District and D-1 Residential District where the
distance to the rear and/or side lot lines shall be not less than
three (3) feet.
D.
A carport may be erected over a driveway in a required side yard,
provided that such structure is:
E.
A buttress, chimney, cornice, pier or pilaster of a building may
project not more than 18 inches into a required yard.
F.
Open, unenclosed fire escape, steps, bay windows and balconies may
project no more than three feet into a required yard.
G.
_____
1.
A detached private garage, storage shed or TV dish antenna may be
erected within a rear or side yard, provided the private garage, storage
shed or TV dish antenna is separated from the main dwelling and located
at least ten (10) feet farther back from the front street line than
the rearmost portion of the main dwelling. The private garage, storage
shed or TV dish antenna shall not be closer than four (4) feet from
the rear and side lot lines in all zoning districts except in D Residential
District and D-1 Residential District where the distance to the rear
and side lot lines shall be not less than three (3) feet.
2.
On corner lots, detached structures set forth in subsection 1. above shall be subject to the same side yard setback from the side property line abutting or adjacent to the street line as is required for the principal structure.
3.
On undersized lots, where a literal enforcement of this provision
would preclude construction, construction closer than three feet to
the rear and side lot lines may be authorized by special exception.
The term "storage shed," as used herein, is a storage building with
or without concrete slab or slab footing.
H.
An access ramp for handicapped persons required by the Americans
with Disabilities Act, as amended or superseded, may be erected to
extend into a required front, side or rear yard; provided, that in
no case shall it extend into such front, side or rear yard more than
1/2 the required depth of the said yard.
[Ord. No. 920,
§ 1, 10-8-1984; Ord. No. 1133, § 17, 9-27-1993; Ord.
No. 1268, § 4, 8-17-1998; Ord. No. 1320, § 14, 4-10-2000; Ord. No. 1600, § 4, 5-11-2015]
Within a residential district, there shall not be more than
one detached private garage and one storage shed erected on the same
lot as the principal dwelling, except that not more than one additional
detached private garage may be permitted when authorized as a special
exception pursuant to the provisions of Section 2101 hereof. In all
events, compliance shall be required with the coverage provisions
applicable in each residential district. Storage sheds shall not exceed
12 feet in width and 12 feet in depth nor shall they be more than
12 feet in height from the lowest point in grade to the peak or ridge
of the roof. Detached garages shall not exceed 32 feet in width and
24 feet in depth in AA or A Residential Districts, and 24 feet in
width and 24 feet in depth in any other residential district. In all
residential districts, detached garages may not exceed 16 feet in
height from the grade of the entrance to the peak of the roof or ridge.
[Ord. No. 793,
§ 1, 3-13-1978; Ord. No. 890, § 1, 1-10-1983; Ord.
No. 1084, § 6, 11-29-1990; Ord. No. 1293, § 10, 6-15-1999]
A.
No fence or wall over six feet in height, except a retaining wall
or a wall of a building permitted under the terms of this ordinance,
shall be erected within any of the open spaces required by this ordinance,
except that a chain-link fence tennis court fence up to 10 feet in
height may be erected, provided that the fence is not closer than
five feet to the rear and/or side lot lines.
B.
In the Heavy Industrial District and the Limited Industrial District,
a barbed wire fence not to exceed one foot in height may be added
to the fence or wall constructed, provided the overall height does
not exceed seven feet.
C.
No barbed wire fence shall be constructed in a residential district
except in connection with an agricultural use. No wire fence, barbed
or otherwise, shall be electrified unless the fence is accessory to
an agricultural use. No wire fence, barbed or otherwise, shall contain
any razor wire.
D.
The owner of a barbed wire fence shall install a sign on such fence
of not less than 144 square inches in size and at intervals of not
less than 25 feet containing a conspicuous written notice and warning
of the nature of such fence and of its electrification, if applicable.
E.
Fences and walls in residential districts. No fence or wall in excess
of two feet in height shall be erected within the required front yard
setback in any residential district.
[Ord. No. 1579, § 1, 1-11-2013]
F.
In all districts, fencing must be installed such that the finished
side of the fence faces neighboring properties.
[Ord. No. 1600, § 5, 5-11-2015]
G.
All fencing shall be installed in a manner that allows the free flow
of surface water through or under the fence.
[Ord. No. 1600, § 5, 5-11-2015]
[Ord. No. 379,
§ 11, 11-13-1961; Ord. No. 793, §§ 3—5, 3-13-1978; Ord.
No. 1088, § 6, 11-18-1991; Ord. No. 1133, §§ 18—20, 9-27-1993; Ord.
No. 1382, § 13, 8-12-2002; Ord. No. 1389, §§ 2
and 3, 10-16-2002[1]; Ord. No. 1553, 3-14-2011]
Accessory uses authorized in this ordinance shall include, but
not by way of limitation, the following:
A.
Uses Accessory to Agriculture: Greenhouse, roadside stand for the
sale of products produced on the premises, barn; keeping, breeding
and management of livestock and poultry, but only in such quantities
and to such extent as are customarily incidental to the principal
use; preparation of products produced on the premises for use and
the disposal thereof by marketing or otherwise.
B.
Uses Accessory to Dwelling:
1.
Private garage, private parking space, private stable, barn, shelter
for pets; private swimming pool;
2.
Private greenhouse;
3.
Living quarters for household employees, caretakers or watchmen in
the principal structure or in a structure accessory thereto, provided
the accessory structure meets the front, side, [and] rear [yard and]
building coverage and all other dimensional requirements pertaining
to a principal structure in the applicable zoning district.
4.
Professional office or studio of a doctor, dentist, optometrist,
podiatrist, chiropractor, teacher, artist, architect, landscape architect,
musician, lawyer, engineer or practitioner of a similar character;
provided as follows:
6.
Dwelling quarters for watchmen and caretakers employed on the premises
shall be permitted in connection with any administrative offices,
laboratories or industrial establishments, provided that the accessory
building meets the front, side, [and] rear [yard and] building coverage
and all other dimensional requirements pertaining to a principal structure
in the applicable zoning district.
7.
No-impact home-based businesses.
8.
Additional living quarters (not a dwelling unit) may be established
as accessory to a principal single-family dwelling unit for immediate
family members only, if the following requirements are met:
a.
Immediate family members are limited to parents, grandparents, children,
grandchildren, sisters, brothers, aunts, uncles, stepparents and stepchildren.
b.
The principal dwelling unit shall be owner-occupied.
c.
The additional living quarters shall be totally enclosed within the
principal building.
d.
An internal connection shall always be maintained as a means of access
between the principal dwelling unit and the additional living quarters,
such as a stairway or door. The additional living quarters shall not
be located in a separate freestanding building joined to the dwelling
by a corridor or breezeway.
e.
The owner must agree to annually renew the permit by proving that
the additional living quarters is still occupied by immediate family
members of the owner and to make the property available for Township
inspection if requested by the Zoning Officer.
f.
If an on-lot septic system will be utilized, it shall be found adequate
by the County Health Department for the expanded use.
g.
Any exterior changes to the principal building to incorporate an
attached additional living quarters shall not decrease its appearance
as a single-family detached dwelling as viewed from a street or another
property.
h.
Detached additional living quarters and additional dwelling units
are specifically prohibited.
i.
The owner shall not lease or rent the additional living quarters
as an apartment or separate dwelling unit.
j.
The owner is required to remove the cooking facilities in the additional
living quarters within six months after the living quarters is no
longer occupied by a member(s) of the owner's immediate family.
k.
The owner shall prepare and file with the Montgomery County Recorder
of Deeds, a deed restriction in a form acceptable to the Township
Solicitor, containing the conditions set forth in subsections B(8)(a)
through (j) above, which shall reflect that the property is encumbered
with those specific conditions. The deed restriction must run with
the land.
1.
A one-year renewable permit issued by the Township Zoning Officer
shall be required to ensure compliance with this section. The fee
for this permit shall be established by resolution of Township Council.
C.
Uses authorized in this ordinance as accessory to a dwelling shall
not be deemed to include a business, hospital, clinic, animal hospital,
barbershop, beauty parlor, other personal service shop, tearoom, hotel
or any similar use.
D.
Uses Accessory to Noncommercial Recreation Use: Customary recreational,
refreshment and services uses and buildings in any noncommercial recreational
area.
E.
All accessory buildings shall meet the front yard, side yard, rear
yard, building coverage and all other dimensional requirements in
the applicable zoning district as to principal structure unless otherwise
provided in this Ordinance.
F.
A private swimming pool under section 1910.B.1. shall comply with
the following requirements:
1.
The private swimming pool shall be used primarily for the enjoyment
of the occupants of the principal use of the property on which it
is located;
2.
A private swimming pool shall be located, including any paved areas
or accessory structures which are part of the swimming pool development,
a minimum of ten (10) feet from any property line on which it is located,
but no private swimming pool shall be located within the front yard;
and
3.
A private swimming pool shall be walled and fenced to prevent uncontrolled
access by persons, particularly children, from adjacent areas; said
fence or wall shall not be less than four (4) feet in height and maintained
in good condition with a self-closing and self-latching gate and key-operated
lock that swings outwards and is not less than forty-eight (48) inches
in height.
[1]
Editor's Note: This ordinance provided for an effective date
of 12-1-2002.
[Ord. No. 793,
§ 6, 3-13-1978; Ord. No. 840, § 1, 9-8-1980; Ord.
No. 1019, § 8, 11-13-1989]
(A)
No trailer house or house trailer shall be used for residential or
business purpose in this township for a period in excess of thirty
(30) days in any calendar year, except that a trailer may be used
as a temporary office in connection with the construction, reconstruction
or alteration of a permanent facility upon the issuance of a special
permit therefor by the zoning officer; and further provided, that
such trailer is connected to electric, water and sewage facilities.
This section shall not be construed to preclude the use for dwelling
purposes of a mobile or modular home where such use is permitted by
this Ordinance when the unit is connected to electric, water and sewage
facilities and provided that all zoning requirements of the district
are met.
(B)
The storage of motor trucks being dispatched from a motor truck terminal
shall not be a permitted use in any district in the township, except
that motor truck terminal shall be a permitted use in a Heavy Industrial
District. This restriction shall not, however, be construed to prohibit
the owner or operator of a business from parking trucks incidentally
utilized in the operation of that business on the same premises as
that from which the business is operated.
[Ord. No. 793,
§§ 1, 7, 3-13-1978]
The zoning hearing board may allow as a special exception the
conversion of a single-family dwelling into a dwelling for a greater
number of families, subject to the following requirements:
A.
A petition in favor of such exception is filed with the zoning hearing
board signed by the owners of sixty (60) percent, or more of the frontage
on the same street within five hundred (500) feet of the designated
lot.
B.
Each dwelling unit shall have not less than five hundred (500) square
feet of floor area.
C.
The lot area per family is not reduced thereby to an amount less
than seventy-five (75) percent of that required by this Ordinance
for the district in which the designated lot is located.
D.
The yard and building area requirements for the district in which
the building is located shall not be reduced.
E.
There is no external alteration of the building except as may be
necessary for reasons of safety. Fire escapes, and outside stairways,
shall, where practicable be located to the rear of the building.
F.
The zoning hearing board shall specify the maximum number of families
permitted to occupy such building, and may prescribe such further
conditions and restrictions as the board may consider appropriate.
G.
The off-street parking requirements of this Ordinance, or as otherwise
stipulated by the zoning hearing board are met.
H.
The conversion shall be authorized only for a large dwelling with
relatively little economic usefulness as a conforming use, or for
any other arrangement within the intent and purpose of this ordinance,
which may be deemed appropriate by the zoning hearing board.
[Ord. No. 793,
§ 8, 3-13-1978; Ord. No. 1048, § 7, 11-29-1990; Ord. No. 1476, § 27, 6-11-2007]
No lot shall hereafter be created which does not abut a public
street for at least fifty (50) feet at the right-of-way line, except
for those lots in D Residential Districts, in which districts the
minimum lot width abutting a public street at the right-of-way line
shall be twenty (20) feet, provided, however, that where townhouses
in a D Residential District have private streets, the minimum lot
width abutting such private street shall be twenty (20) feet, provided
the private street has access to a public street for at least fifty
(50) feet at the right-of-way line of the public street.
[Ord. No. 659,
§ 1, 9-11-1972]
No person, firm or corporation shall store, stockpile or cause
to be stored, stockpiled or maintained, at any place outside of a
building enclosure within the limits of the Township of Plymouth any
industrial supplies, by-products or waste materials in excess of forty
(40) feet in height from ground level. No such stockpile shall be
closer than one hundred (100) feet to any residential district. Where
such supplies, by-products, or waste materials are stored or stockpiled
out of doors on ground within three hundred (300) feet of a residential
district, the maximum height of such storage piles shall not exceed
twenty (20) feet in height from ground level. For the purpose of this
ordinance where the stockpile is maintained on ground within three
hundred (300) feet of a residential district then the words "ground
level" shall be considered to mean the ground level of the residential
district at the point at which it abuts the industrial district.
A.
No building permit shall be issued or plat recorded for any land
development, as defined herein, in Plymouth Township:
1.
Without compliance with the Plymouth Township Subdivision and Land
Development Ordinance of 1980, as it may be amended, superseded and
adopted, and approval or waiver of specific provisions therein, with
or without conditions, by Township Council.
2.
Without compliance or waiver therefrom by township council with all
other applicable criteria and standards of the Plymouth Township Ordinances
and any other applicable state or federal regulations governing the
same.
3.
Without proof or waiver therefrom by township council that the owners
and/or users of said development shall provide adequate public facilities
including streets, water supply, sanitary sewerage, fire protection,
stormwater control, parks and recreation uses, and other public facilities
and services made necessary by said development.
[Ord. No. 1195, § 1, 7-15-1996]
This ordinance shall not apply to any existing or proposed lot,
use or building, or extension thereof, owned and/or used or to be
used by the Home Rule Municipality of Plymouth Township, Montgomery
County, Pennsylvania.
[Ord. No. 1284, § 2, 5-24-1999; Ord. No. 1505, §§ 1,
2, 3, 4, 5, 6, 12-8-2008]
A.
Placement of public transportation shelters as conditional uses. The placement of public transportation shelters throughout the township shall only be permitted when authorized as conditional use under Article XXXVI of this Ordinance, subject to the following criteria:
1.
If placed in the public rights-of-way, the location of the public
transportation shelter shall receive the prior written approval, where
applicable, of Montgomery County, the Pennsylvania Department of Transportation
and/or the Township.
2.
Placement shall be at a conspicuous location with a clear sight distance
in the direction of all traffic flow of no less than three hundred
(300) feet.
3.
Except where public transportation shelters may be on opposite sides
of the same street, no public transportation shelter shall be placed
closer to another public transportation shelter than three hundred
fifty (350) feet without the prior written approval of the Township.
4.
The placement of the public transportation shelter shall be on a
properly graded foundation substantially anchored against the elements
and constructed in such fashion as to be free from standing water
and stormwater runoff, all to the prior satisfaction of the township
engineer, and in accordance with the applicable ordinances, building
codes and safety codes of federal, state and township.
5.
Advertisements, maps or other informational displays on the public
transportation shelter may only be placed on the two (2) surfaces
of one side wall of the shelter. There shall be no advertisements
for alcohol or tobacco products or of a sexually explicit or offensive
nature.
6.
The installer/operator/owner of the shelter shall be responsible
and pay for the cost of the maintenance of the shelter in a first-class,
clean and safe manner, and all lighting shall be regularly serviced
by the installer/operator/owner in accordance with an agreement by
and between the installer/operator/owner and the Township.
7.
Lighting shall be provided, where applicable, in accordance with
an agreement by and between the installer/operator/owner and the Township.
8.
Size and structure. The dimensional and material specifications of
a public transportation shelter and the concrete pad upon which it
is erected, if any, shall be subject to the approval of the Township;
but the public transportation shelter height shall not exceed fifteen
(15) feet, maximum length shall not exceed twenty-two (22) feet and
the maximum depth shall not exceed twelve (12) feet; and the concrete
pad thickness shall not be less than four (4) inches.
B.
Maintenance and use agreement. No conditional use shall be granted
by township council to permit the installation or operation of any
public transportation shelter in the township unless the installer/operator/owner
shall first enter into an agreement with the township in a form satisfactory
to the township for recording, binding upon the installer/operator/owner
and their successors and assigns evidencing their agreement to the
terms of the conditional use including, but not limited to, the use
and maintenance of the public transportation shelter and providing
for the removal of the public transportation shelter whether in the
public right-of-way or on private property when specifically requested
to do so in writing by township council for any reason whatsoever
within the sole discretion of the township council.
[Ord. No. 1476, § 28, 6-11-2007]
No merchandise shall be displayed, sold or leased outside the
walls of a building except:
[Ord. No. 1579, § 3, 11-11-2013]
The following regulations shall apply to any flag lot hereafter
created:
A.
A flag
lot shall not be permitted for any use other than one single-family
detached dwelling.
B.
The applicant
shall demonstrate that the parcel of land being developed is of such
a shape, size and configuration that the use of a flag lots(s) is
the only reasonable method of developing and providing access to the
site.
C.
No more
than two flag lot access strips may be located adjacent to each other,
and any additional flag lot access strip to another such lot shall
be separated by a full, standard lot width, as required by the district
in which the land is located.
D.
Each flag
lot shall abut a public street for a width of not less than 30 feet
and this minimum width shall be maintained along the entire length
of the access strip. The access strip shall in no case exceed 300
feet in length. The portion of a flag lot required for the access
driveway shall not be included in calculating the required front,
side, or rear yards, or the minimum required lot area.
E.
The driveway
serving a flag lot shall be paved and shall provide a minimum of 15
feet in width for its entire length, shall be unobstructed for a height
of 13 feet 6 inches, and shall be capable of supporting a vehicle
with a gross vehicle weight of 80,000 pounds.
F.
The front
yard of a flag lot (the required yard closest to the street to which
the flag lot gains access) must include a buffer planting, as required
by the Subdivision and Land Development Ordinance,[1] along the full width of the lot.
[1]
Editor’s Note: See Appendix C, Subdivision and Land
Development.
G.
Notwithstanding
the general definition of "front yard" set forth in Section 200 of
this article, the front yard of any flag lot shall be a yard extending
the full width of the lot and extending in depth from the flag front
line to the nearest point of any structure on the lot.
H.
All flag
lots hereafter created shall be served by public water and sewer service.
