Borough of Norristown, PA Supplemental Regulations

The owner(s) of the bed-and-breakfast must occupy the dwelling unit as his/her/their principal residence.

Residential buildings incorporating bed-and-breakfast as an accessory use shall have a minimum of 2,000 square feet of living area.

The number of guest sleeping rooms shall not exceed five.

The length of stay within a bed-and-breakfast shall not exceed 14 consecutive days in any six-month period.

As part of the price of the lodging room, overnight guests may be provided with up to one meal per day. Any meal service provided shall be for overnight guests only.

Separate kitchens in guest rooms shall be prohibited.

One unlighted sign shall be permitted identifying the property as a bed-and-breakfast. The sign shall not exceed four square feet in area and shall be set back a minimum of three feet from the public road right-of-way.

The property in question shall be maintained so that the appearance of the building and grounds are consistent with the neighborhood's overall single-family residential character.

§ 320-238 Building on alley lots.

No structure shall be erected, constructed, converted, altered, remodeled, restored or repaired for human habitation on an alley lot. An alley lot has access only on an alley and no public street frontage. An existing structure located on an alley lot shall not be converted, altered or remodeled but may be restored or repaired for an existing use.

§ 320-239 Car washes.

Standards.

Automated washing and drying facilities shall be located entirely within an enclosed and roofed building.

Automated car washes shall provide 10 spaces for cars waiting to be washed and seven spaces for cars exiting the car wash bay.

Self-service car wash facilities provide sufficient on-site stacking lanes to accommodate a minimum of four automobiles for the first washing bay and one automobile for each additional washing bay.

One parking space per vacuum, or other special service area other than washing areas, shall be provided.

Car wash facilities contain on-site systems designed to prevent water runoff and freezing on parking and travel lanes, streets and adjoining properties.

All car-washing equipment shall be contained within a building.

Car wash bay doors may not directly face the street.

§ 320-240 Commercial vehicles in residential districts.

Commercial vehicles over 3/4 tons capacity shall not be parked overnight on the street in any residential district. Only one commercial vehicle may be parked off street in a residential district property, provided that it is kept in a garage or otherwise screened from view from a street, alley or adjacent residential properties.

§ 320-241 Corner lots.

All principal and accessory buildings shall be located behind the setback line on both streets. This setback does not apply to retaining and freestanding walls or fences which are regulated separately in § 320-247.

§ 320-242 Satellite dishes and antennas.

Intent.

To accommodate the need for satellite dishes and antennas while regulating their location and number in the Municipality.

To minimize the adverse visual effects of satellite dishes, antennas and antenna support structures through proper design, siting and screening.

To avoid potential damage to persons and adjacent properties from satellite dish and antenna support structure failure and falling ice, through engineering and proper siting of satellite dishes and antenna support structures.

To encourage the joint use of any new antenna support structures to reduce the number of such structures needed in the future.

Permitted uses.

Noncommercial satellite dish or antenna. Noncommercial satellite dishes or antennas are permitted in any zoning district as an accessory use, subject to the provisions of this section.

An antenna up to five feet in height is permitted by right, and no site plan shall be required, provided all standards in §§ 320-242B(3) and (4) are met.

An antenna more than five feet in height is permitted by special exception, and a site plan shall be required.

Satellite dishes up to two feet in diameter shall be permitted by right with the following conditions:

Satellite dishes shall not be visible from the street and may only be located on the rear facing slope of pitched roofs, toward the middle of flat roofed buildings, or on the rear facade.

Ground-mounted satellite dishes shall be located to the rear of the property behind the building.

[3]

Satellite dishes that no longer function or are no longer under contract for service shall be removed from the building or site within 90 days.

Satellite dishes may be situated on the front or side facade provided a building permit is obtained and the following conditions are met:

The applicant shall submit documentation detailing the reason(s) why the dish cannot be placed as stipulated in § 320-242B(1)(c) above.

The applicant shall submit a preliminary architectural rendering to the Historical Architectural Review Board, or the Design Review Board if the property is not located within a certified historic district, for review and comment.

Commercial satellite dish or antenna. Commercial satellite dishes or antennas are permitted only in the HI Heavy Industrial, TC Town Center, or CR Commercial Retail Zoning Districts.

A satellite dish or antenna up to 10 feet in diameter or height is permitted by right, and no site plan shall be required.

A satellite dish or antenna more than 10 feet in diameter or height is permitted by special exception, and a site plan shall be required.

Standards for all satellite dishes and antennas.

Height, measured from the base of the structure to the highest point of the structure, shall be no greater than 35 feet.

If the satellite dish or antenna is mounted on the ground, the building setbacks required by the underlying zoning district shall apply, except that in no case shall the setback be less than five feet.

If the satellite dish or antenna is mounted on a roof, it shall be no less than five feet from any property line or party wall.

The applicant shall demonstrate that the proposed satellite dish, antenna, and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. When required by the Municipality, all support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

When any satellite dish, antenna, or support structure is mounted on the ground and is more than 10 feet in diameter or height, it shall be either enclosed by a fence or be fitted with a manufacturer's approved anti-climbing device. The determination of whichever is more appropriate or effective shall be made by the Municipality after consultation with the applicant. The maximum height of any fence shall be eight feet.

Landscaping. All satellite dishes and antennas that are mounted on the ground and are more than five feet in height or diameter shall be landscaped using one of the following methods:

Evergreen or deciduous shrubs. Shrubs shall be placed three feet on center in a minimum five-foot-wide bed surrounding the satellite dish or antenna arranged to provide a continuous hedge-like screen at a minimum height of 3 1/2 feet at maturity.

Opaque fence with ornamental trees and shrubs. A six-foot-high opaque fence surrounding the site element on at least three sides with additional plantings at the minimum rate of three shrubs and two ornamental trees or large shrubs for every 10 linear feet of proposed fence, arranged formally or informally next to the fence.

Existing healthy trees, shrubs or woodlands that are to be preserved may be substituted for part or all of the required landscaping at the discretion of the Municipal Council. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

No plantings shall impede the function of the satellite dish or antenna.

§ 320-242.1 Wireless telecommunications facilities.

Intent.

To establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Municipality of Norristown.

To promote the health, safety, and welfare of Municipal residents and businesses with respect to wireless telecommunications facilities.

To provide for the managed development of wireless telecommunications facilities in a manner to provide adequate wireless telecommunications services within the Municipality in accordance with federal and state laws and regulations.

To establish procedures for the design, siting, construction, installation, maintenance, and removal of wireless telecommunications facilities in the Municipality, including facilities both inside and outside the public rights-of-way.

To address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable wi-fi, and other wireless telecommunications facilities.

To encourage the co-location of wireless telecommunications facilities on existing structures rather than the construction of new wireless support structures.

To protect Municipal residents from potential adverse impacts of wireless telecommunications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

To update the Municipality's wireless telecommunications facilities regulations to incorporate changes in federal and state laws and regulations.

General requirements for all wireless telecommunications facilities and wireless support structures.

Standard of care. Any wireless telecommunications facility and any associated wireless support structure shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, if applicable. Any wireless telecommunications facility and any associated wireless support structure shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Municipality.

Wind. Any wireless support structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute (ANSI).

Public safety communications. No wireless telecommunications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. No wireless telecommunications facility may, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC.

Aviation safety. Wireless telecommunications facilities and any associated wireless support structure shall comply with all federal and state laws and regulations concerning aviation safety.

Timing of approval. Within 30 calendar days of the date that an application for a wireless telecommunications facility is filed with the Municipality, the Municipality shall notify the applicant in writing of any information required to complete the application.

All applications for a new wireless support structure shall be acted upon within 150 calendar days of the receipt of a fully completed application and the Municipality shall advise the applicant in writing of its decision. If additional information was requested by the Municipality to complete the application, the time required by the applicant to provide the information shall not be counted toward the Municipality's one-hundred-fifty-day review period.

All applications for the modification, replacement, or co-location of a wireless telecommunications facility shall be acted upon within 90 calendar days of receipt of a fully completed application and the Municipality shall advise the applicant in writing of its decision. If additional information was requested by the Municipality to complete the application, the time required by the applicant to provide the information shall not be counted toward the Municipality's ninety-day review period.

Permit fees. The Municipality may assess appropriate and reasonable permit fees directly related to the Municipality's actual costs in reviewing and processing the application for approval of a wireless telecommunications facility and any associated wireless support structure, as well as related inspection, monitoring and related costs. Such permit fees shall be determined by the Municipality and authorized by resolution of the Council, and shall be based on the Municipality's actual costs as applied to such wireless telecommunications facility and any associated wireless support structure.

Maintenance. The following maintenance requirements shall apply:

All wireless telecommunications facilities and any associated wireless support structures shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Municipality's residents.

All maintenance activities shall utilize the best available technology for preventing failures and accidents.

General requirements for all new wireless support structures.

Height.

All new wireless support structures shall be designed at the minimum functional height. All new wireless support structures, including all antennas and equipment, shall not exceed a maximum total height of 150 feet. All applicants must submit documentation to the Municipality justifying the total height of the structure.

Any height extensions to an existing wireless support structure shall require prior approval of the Municipality, and shall not increase the overall height of the wireless support structure by more than 30 feet and shall not cause the existing structure to exceed the total maximum height limit of 150 feet.

Identification. All new wireless support structures shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Municipality.

Painting and lighting. All new wireless support structures shall be painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. Wireless support structures shall not be artificially lighted, except as required by law.

Noise. All new wireless support structures shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Municipal Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Nonconforming uses. Nonconforming wireless support structures that are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this chapter.

FCC license. Each person that owns or operates a wireless support structure shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Co-location.

An application for a new wireless support structure outside the ROW shall not be approved unless the Municipality finds that the wireless telecommunications equipment planned for the proposed wireless support structure cannot be accommodated on an existing or approved structure or building. Any application for approval of a new wireless support structure outside the ROW shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed structure, unless the applicant can show to the satisfaction of the Municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

An application for a new wireless support structure in the ROW shall not be approved unless the Municipality finds that the proposed wireless telecommunications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a new wireless support structure in the ROW shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed structure, unless the applicant can show to the satisfaction of the Municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Design regulations. Any new wireless support structure shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Municipality. In the sole discretion of the Municipality, the requirement to utilize stealth technology may be waived if the Council determines that the waiver is in the best interest of the Municipality.

(9)

Notice. Upon submission of an application for any new wireless support structure, the applicant shall mail notice thereof to each of the owners of property lying within 300 feet of the boundary lines of the lot for which the application has been filed. Notice shall be served upon the owner by first-class mail at the last known address of the property owner according to county records. If service cannot be made upon the owner or occupant, then such property shall be posted by placing the notice on a conspicuous place on the dwelling house, if any, on the property. Such notices shall be supplied by the Zoning Officer, as well as a list of the person or persons to be served, and it shall be the obligation of the applicant to see that such service is made at the applicant's expense and proper return of such service made to the Municipality.

(10)

Graffiti. Any graffiti on the wireless support structure or on any accessory equipment or structures shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(11)

Removal. In the event that use of a wireless support structure is planned to be discontinued, the owner shall provide written notice to the Municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless telecommunications facilities, or portions thereof, shall be removed as follows:

All unused or abandoned wireless support structures and accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Municipality.

If the wireless telecommunications facility and/or accessory facility is not removed within 12 months of the cessation of operations at a site, or within any longer period approved by the Municipality, the wireless telecommunications facility and accessory facilities and equipment may be removed by the Municipality and the cost of removal assessed against the owner of the wireless telecommunications facility.

Any unused portions of wireless support structures, including antennas, shall be removed within 12 months of the time of cessation of operations. The Municipality must approve all replacements of portions of a wireless support structure previously removed.

(12)

Retention of experts. The Municipality may hire any consultant(s) and/or expert(s) necessary to assist the Municipality in reviewing and evaluating the application for approval of any new wireless support structure and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the wireless telecommunications facility shall reimburse the Municipality for all costs of the Municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(13)

Financial security. Prior to the issuance of a permit for a new wireless support structure, the applicant shall, at its own expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Municipal Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Municipality may recover from the principal and surety any and all compensatory damages incurred by the Municipality for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file the bond with the Municipality.

Additional requirements for new wireless support structures outside of the right-of-way.

Permitted in certain zones subject to regulations. New wireless support structures outside the right-of-way shall be permitted only in the IN Institutional, RE Recreation, CR Commercial Retail, LI-MU Light Industrial Mixed Use, and HI Heavy Industrial Zoning Districts subject to the restrictions and conditions provided herein. Additionally, no new wireless support structure shall be located within 100 feet of the zoning district boundary of the R-1 Residential, R-2 Residential, or MR Multifamily Residential Zoning Districts, nor within 100 feet of the boundary of a registered historic district within the Municipality.

Zoning standards. New wireless support structures shall be permitted as either the sole use on a lot or combined with another nonresidential use on the same lot. The wireless support structure and any other structures or equipment on the lot must comply with all applicable standards of the underlying zoning district, including but not limited to minimum lot size and setback requirements.

Fence/screen. A security fence having a maximum height of six feet shall completely surround any new wireless support structure, guy wires, or any accessory equipment or structures. A screening buffer per the Municipal Subdivision and Land Development Ordinance § 433.2.D(1)[1] shall be located along the perimeter of the security fence.

Editor's Note: See § 282-433.2.D(1).

Accessory equipment and structures. All utility buildings and accessory structures shall be architecturally designed to blend into the environment. All utility buildings and accessory structures shall have a maximum building footprint of 600 square feet and a maximum height of 15 feet.

Access road. An access road, turnaround space, and parking shall be provided as needed to ensure adequate emergency and service access to the wireless support structure. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Where applicable, the owner shall present documentation to the Municipality that the property owner has granted an easement for the proposed facility.

Inspection. The Municipality reserves the right to inspect any wireless support structure to ensure compliance with the provisions of this chapter and any other provisions found within the Municipal Code or state or federal law. The Municipality and/or its agents shall have the authority to enter the property upon which a wireless telecommunications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Additional requirements for new wireless support structures in the right-of-way.

Permitted in certain zones subject to regulations. New wireless support structures in the right-of-way shall be permitted only in the IN Institutional, RE Recreation, CR Commercial Retail, LI-MU Light Industrial Mixed Use, and HI Heavy Industrial Zoning Districts subject to the restrictions and conditions provided herein. Additionally, no new wireless support structure shall be located within 100 feet of the zoning district boundary of the R-1 Residential, R-2 Residential, or MR Multifamily Residential Zoning Districts, nor within 100 feet of the boundary of a registered historic district within the Municipality.

Time, place, and manner. The Municipality shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless support structures in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Municipality and the requirements of the Public Utility Code.

Equipment location. Wireless support structures in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Municipality. Equipment connected to, or associated with, a wireless support structure shall be either attached to the same pole, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

Relocation or removal of facilities. Within 60 days following written notice from the Municipality, or such longer period as the Municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a wireless support structure in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless telecommunications facility when the Municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance, or installation of any Municipal or other public improvement in the right-of-way;

The operations of the Municipality or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Municipality.

Compensation for ROW use. In addition to permit fees as described in § 320-242.1B(7) above, every wireless support structure in the ROW is subject to the Municipality's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Municipality's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Municipality. The annual ROW management fee for wireless support structures in the ROW shall be determined by the Municipality and authorized by resolution of the Municipal Council and shall be based on the Municipality's actual ROW management costs as applied to such wireless support structure.

General requirements for the co-location, replacement, or modification of wireless telecommunications facilities.

Permitted in all zones subject to regulations. Co-location, replacement, or modification of all wireless telecommunications facilities is permitted in all zones subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Municipality.

Easement. Where the proposed co-located wireless telecommunications facility will be located on a property with another principal use, the applicant shall present documentation evidencing that the owner of the property has granted an easement, license agreement, or other access agreement satisfactory to the Municipality for the proposed facility, and that vehicular access is provided to that facility.

Removal. In the event that use of a co-located wireless telecommunications facility is discontinued, the owner shall provide written notice to the Municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless telecommunications facilities or portions of wireless telecommunications facilities shall be removed as follows:

All abandoned or unused wireless telecommunications facilities and accessory equipment shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Municipality.

If the wireless telecommunications facility and/or accessory equipment is not removed within 12 months of the cessation of operations at the site, or within any longer period approved by the Municipality, the wireless telecommunications facility and/or associated equipment may be removed by the Municipality and the cost of removal assessed against the owner of the wireless telecommunications facility.

Historic buildings. No wireless telecommunications facility may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or has been designated by the Municipality as being of historic significance.

Additional requirements for co-location, replacement, or modification of wireless telecommunications facilities outside the right-of-way that substantially change the wireless support structure to which they are attached.

Development regulations. Co-located wireless telecommunications facilities shall be co-located on existing structures, such as existing buildings or existing wireless support structures subject to the following conditions:

All utility buildings and accessory structures shall be architecturally designed to blend into the environment. All utility buildings and accessory structures shall have a maximum building footprint of 600 square feet and a maximum height of 15 feet.

A security fence having a maximum height of six feet shall completely surround any utility buildings and accessory structures. A screening buffer per the Municipal Subdivision and Land Development Ordinance § 433.2.D(1)[2] shall be located along the perimeter of the security fence.

Editor's Note: See § 282-433.2.D(1).

Vehicular access to any utility buildings and accessory structures shall not interfere with the parking or vehicular circulations on the site for the principal use.

Design regulations. Co-located wireless telecommunications facilities located outside the ROW shall employ the most current stealth technology available and be treated to match the supporting structure in an effort to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Municipality. In the sole discretion of the Municipality, the requirement to utilize stealth technology may be waived if the Council determines that the waiver is in the best interest of the Municipality.

Inspection. The Municipality reserves the right to inspect any wireless telecommunications facility to ensure compliance with the provisions of this chapter and any other provisions found within the Municipal Code or state or federal law. The Municipality and/or its agents shall have the authority to enter the property upon which a wireless telecommunications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Additional requirements for co-location, replacement, or modification of wireless telecommunications facilities in the right-of-way.

Co-location. Co-located wireless telecommunications facilities located in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

Time, place, and manner. The Municipality shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless telecommunications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Municipality and the requirements of the Public Utility Code.

Design requirements.

Co-located wireless telecommunications facility installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antennas and all support equipment shall be treated to match the supporting structure. Wireless telecommunications facilities and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Equipment location. Co-located wireless telecommunications facilities located in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Municipality. Equipment connected to, or associated with, a wireless telecommunications facility shall be either attached to the same pole, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

Relocation or removal of facilities. Within 60 days following written notice from the Municipality, or such longer period as the Municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a wireless telecommunications facility located in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless telecommunications facility when the Municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance, or installation of any Municipal or other public improvement in the right-of-way;

The operations of the Municipality or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Municipality.

Compensation for ROW use. In addition to permit fees as described in § 320-242.1B(7) above, every wireless telecommunications facility located in the ROW is subject to the Municipality's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Municipality's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Municipality. The annual ROW management fee for wireless telecommunications facilities located in the ROW shall be determined by the Municipality and authorized by resolution of the Municipal Council and shall be based on the Municipality's actual ROW management costs as applied to such wireless telecommunications facility.

§ 320-243 Design Review Board.

Intent.

Design Review Board is hereby established for the purpose of reviewing the design, layout and other features of proposed developments in keeping with the intent and purposes set forth in this article. The Design Review Board shall be comprised of five members. There shall be a member of the Municipal Council, Municipal Planning Commission, a design professional, a representative of the development community, and one additional appointee of the Municipal Council. The purpose of the Design Review Board is to make a finding that the proposed development is in conformity with all the provisions of this chapter and sound design practices.

Standards.

The site development plan shall meet or exceed all applicable provisions.

The plan is in the best interest of the public health, safety, and general welfare of Municipal residents.

General site considerations (including site layout, open space, topography, orientation, customer entrances, aesthetics of ground floor facades that face public streets with surrounding area and buildings, store front landscaping and location of buildings, circulation and parking, setbacks, heights, walls, fencing and similar elements) and general architectural considerations (including the character, scale and quality of the design, the architectural relationship with the site and other buildings, screening of exterior appurtenances and similar elements) have been designed and incorporated to invite pedestrian circulation between this area and the remainder of the municipality, to be compatible with the existing built environment, and to encourage continuing revitalization of the municipality.

[Amended 4-18-2017 by Ord. No. 17-01]

§ 320-244 Drive-through facilities.

Standards.

Stacking lanes.

Restaurants: 10 spaces.

Banks and drug stores: six spaces.

All other uses: six spaces.

Stacking lanes shall not interfere with parking spaces or the internal and external circulation of the site.

Order, pick-up windows, and stacking lanes may not front or be parallel to the facade facing the primary street access or be located along the front facing facade of the building.

Pedestrian entryways must be located a minimum of 20 feet from the order and pick-up window if separate.

A clearly marked crosswalk located from the entryway(s) to the parking lot situated perpendicular to the drive-through stacking lane that, in addition to paint, is in a physical form sufficient to alert drivers of potential pedestrian/vehicle conflicts.

§ 320-245 Effect of private covenants.

Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land, which restrictions are not prohibited by or are not contrary to the regulations herein established.

§ 320-246 Facilities screening.

[Amended 9-21-2021 by Ord. No. 21-10]

Loading docks, utility meters, HVAC equipment, trash dumpsters and other service functions shall be incorporated into the overall design theme of the building(s) so that the architectural design is continuous and uninterrupted by ladders, towers, fences and equipment. These areas shall be located and screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Utility meters and HVAC equipment for individual townhomes, multiplexes and rowhouses built under § 320-69 and utility meters for garden apartment units built under § 320-69 shall not be subject to the location and screening requirements as set forth in Subsection A above.

§ 320-247 Fences and walls.

Standards.

Maximum height of fences and walls by district. No fence or wall, except the wall of a building permitted under the terms of this chapter, shall be erected which exceeds the maximum height specified below for the zoning district and yard in which such fence or wall is located.

Zoning District	Yard Location	Maximum Fence Height (feet)*	Maximum Freestanding Wall Height (feet)	Maximum Retaining Wall Height (feet)
HI, LIMU, and CR Districts	Front yard	10	4	6
	Side or rear yard		6
All other districts	Front yard	4	4	6
	Side or rear yard	6	6

NOTES:
*	Notwithstanding any fence height specifically required for a buffer.

A fence or wall abutting a ball field, tennis court, or basketball court may be erected which exceeds the maximum height specified in the table above for the zoning district and yard in which it is located, provided that such wall or fence does not exceed 10 feet in height.

All fences and walls shall be outside of the legal right-of-way.

All fences and walls running along a rear lot line shall be set back at least two feet from the cartway of an alley, where applicable.

A clear sight triangle of 75 feet shall be provided for all corner lots where a fence or wall meets at an intersection.

All fences shall be erected with the finished side of the fence facing adjacent properties. The finished side shall be considered the side without the structural supporting members.

No fence with barbed wire, razor wire, or electrical current shall be permitted.

§ 320-248 Front porches.

Standards.

The front porch shall be placed along the street facade of the building.

Porches shall be a minimum of six feet deep and should extend a minimum of 70% of the facade of the building. In dwelling units built under § 320-69, porches may be reduced to 40% of the facade of the building as long as the garage door face does not encompass more than 50% of that same facade.

[Amended 9-21-2021 by Ord. No. 21-10]

The porch shall remain open and shall at no time be enclosed with building walls or screens. Railing shall be permitted no higher than the minimum height required by the building code.

No second-floor balcony, deck or enclosed construction shall be permitted above the porch structure except in the R-1 and R-2 Residential Districts as a special exception. Dwellings and buildings developed under § 320-69, a first, second, third or fourth-floor balcony, deck, or enclosed construction, shall be permitted.

[Amended 9-21-2021 by Ord. No. 21-10]

§ 320-249 Gasoline service stations, mini-marts, convenience stores with fuel pumps and all uses with fuel pumps.

Standards.

Building, exclusive of pump islands, shall face the primary street access.

All activities except those to be performed at the fuel and air pumps shall be performed within a completely enclosed building.

Minimum setback of pump islands is 50 feet from the curbline of the street, 80 feet from residentially zoned properties or use, and 30 feet from all other property lines.

Minimum setback of parking from fuel pumps is 30 feet.

Fuel pump areas shall not interfere with parking spaces or internal circulation. In developments with multiple uses, the fuel pump area shall be separated from the parking and internal circulation of the other uses.

Canopies shall comply with the following standards:

Canopies shall be set back at least 15 feet from property lines, 25 feet from the curbline of the street, and 50 feet from residentially zoned property or use.

Canopies shall have a maximum height of 16 feet measured to the underside of the canopy.

The clearance height of canopies shall be clearly marked.

Individual canopies shall have a maximum area of 6,000 square feet.

[Amended 4-18-2017 by Ord. No. 17-01]

Multiple canopies shall be separated by a minimum distance of 15 feet.

(f)

Lighting for canopies shall be recessed so that the bottom of the lighting fixture is flush with the underside of the canopy, using a full cutoff flat lens luminaries.

(g)

Canopies shall be designed to be architecturally compatible with the architecture of the neighboring community.

§ 320-250 House stoops.

Standards.

Stoops may extend into the sidewalk provided that a minimum five-foot-wide sidewalk, clear of any and all obstructions, is maintained from the stoop to the curbline of the street for pedestrian use.

Stoops partial walls and railings may be no higher than 42 inches.

§ 320-251 Loading and outdoor sales and storage.

Standards.

Outdoor sales and storage areas shall conform to the following requirements:

Outdoor sales and storage areas shall not be located within 20 feet of any public street or public sidewalk.

These areas shall be screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.

Outdoor areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls or fences. Materials, colors and design of screening walls or fences shall conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors of the building.

Outdoor storage areas shall not exceed 10% of the gross building floor area of any uses.

§ 320-252 Lot width.

All lots must have sufficient frontage on a public or private street to meet the minimum lot width requirements of the zoning district. Minimum lot width or frontage as required under this chapter shall be measured at the ultimate right-of-way line of the street, except that, for lots bordering the turnaround portion of a cul-de-sac, lot width may be measured at the building line. The minimum lot width shall extend into the lot for the full depth of the building envelope.

§ 320-253 Lighting standards.

Standards.

Lighting shall be shielded to meet the following requirements:

No light shall shine directly into the windows of a building on abutting property.

No light shall shine directly from a light source onto the ground or improvements of an abutting property, although incidental light may be permitted to fall on abutting property. Such lighting shall not exceed one-half an ISO footcandle at ground level on the abutting property.

No light shall shine directly onto public roads.

Where the abutting property is residentially zoned or used, nonresidential uses shall direct light fixtures toward the proposed development and shield the residential properties from direct lighting or glare. The light source itself must not be visible from the abutting residential property.

No parking lot lighting standard or building fixture shall exceed 25 feet in height from grade level, and no pedestrian lighting standard shall exceed 16 feet in height from grade level.

Light fixtures located closer to a side or rear lot line than the side or rear yard setback shall be no more than 10 feet high, and shall direct the light source away from the property line.

Light fixtures located along a residential property line shall be setback a minimum of 20 feet from the property line.

No streamers or festoon lighting, comprising a group of incandescent light bulbs, shall be hung or strung on a building or any other structure.

No flashing or intermittent or moving lights, including lights on signs, shall be permitted.

The Zoning Officer shall report to the Municipal Council, which shall then direct the person(s) responsible for the lighting to correct the problem.

(9)

If the problem is not corrected within 30 days of written notification from the Municipal Council, the Council may correct the problem at the expense of the person(s) responsible for the lighting.

(10)

When lighting is observed to be a potential hazard or nuisance to an abutting property, the Zoning Officer shall make a determination as above, when requested by the affected property owner. The following shall be used as criteria:

No light shall shine directly into the windows of a building on an abutting property.

No light shall shine directly onto the ground or improvements thereon of an abutting property; however:

Incidental light may be permitted to fall on abutting property; and

The amount of incidental light permitted to fall on an abutting residential property shall not exceed the amount set by resolution of the Municipal Council.

If the Zoning Officer reports an adverse effect of lighting on an abutting property to the Municipal Council, then the Council shall act to have the problem corrected as above.

§ 320-254 Obstruction to vision at intersections prohibited.

On any corner lot, no physical improvement or planting area shall be erected, altered or maintained within the required yards which shall cause obstruction to driver vision from the abutting intersection.

§ 320-255 Outdoor dining.

Standards.

Application for outdoor dining conditional use shall provide the following information:

Address.

An outline of the area proposed for outdoor dining use including existing plantings, light poles, signage, etc.

Layout of dining facility limited to the following: tables, chairs, umbrellas and planters.

Umbrellas must be sufficiently weighted to avoid displacement by wind and the drip edge must be located at least seven feet above the ground.

Outdoor furnishings shall be stored inside the restaurant after normal operating hours.

The outdoor dining area shall be kept clear of litter, food scraps or soiled dishes and utensils at all times.

The sidewalk on which the outdoor dining facility is located shall be kept clean and the sweeping of debris or spilled materials into the gutter is prohibited.

A minimum five-foot-wide, uninterrupted continuous pedestrian pathway on the sidewalk must be maintained at all times.

§ 320-256 (Reserved) [1]

Editor's Note: Former § 320-256, Pedestrian circulation, was repealed 4-19-2016 by Ord. No. 16-08.

§ 320-257 Playgrounds or parks.

Standards.

Buffers. Side and rear yards shall contain perimeter landscaped buffers as per the standards of § 433 of the Municipal Subdivision and Land Development Ordinance.[1]

Editor's Note: See § 282-433.

Illumination. Lighting for security purposes shall be arranged in a manner which will protect neighboring properties from unreasonable glare or hazardous interference of any kind.

Usage. Facilities usage shall be intended for daylight hours only.

§ 320-258 Projections into required yards.

Standards.

No building and no part of a building shall be erected within or shall project into any required yard in any district unless otherwise noted in the district and the following:

A terrace, platform, landing place or deck not covered by a roof, canopy or trellis, which does not extend above the first floor, 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.

A porte cochere or carport may be erected over a driveway in a required side yard, provided that such structure is:

Not more than 14 feet in height and 20 feet in length.

Entirely open at least three sides, exclusive of the necessary supporting columns and customary architectural features.

[3]

At least three feet from the side lot line.

A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.

Open, unenclosed fire escapes, steps and bay windows may project not more than three feet into a required yard.

A planter or flowerbox may project over the front building line 24 inches to 36 inches but in any event not to exceed the projection of the steps into the right-of-way.

§ 320-259 Public utilities.

[Amended 9-21-2021 by Ord. No. 21-10]

The provisions of this chapter shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities in existence at the time of passage of this chapter, or which may hereafter be located within public easements or rights-of-way designated for such purposes. Unless otherwise stated, the location of any such construction not within a public easement or right-of-way shall be permitted as a special exception by the Zoning Hearing Board, in compliance with the provisions of Article XXI, Special Exceptions. The Zoning Hearing Board shall give consideration to the effect of such construction or installation upon the public safety and the character of the adjacent neighborhoods. Wireless telecommunications facilities are not included under this section. They are regulated separately in § 320-242.1. In the case of development under § 320-69, public utilities not within a public right of way shall be permitted without a special exception so long as such facilities are underground or limited to pedestals and transformers not greater than four feet in height and are green, silver, black, bronze or other neutral color.

§ 320-260 Refuse collection facilities.

Standards.

Refuse collection facilities shall be provided for all multifamily developments containing four or more units and all nonresidential developments, either inside the building(s) or within an area enclosed by either walls or opaque fencing.

Walls or fencing shall be designed to shield the refuse facilities from direct view from adjacent properties, to a height of at least six feet.

Facilities shall be designed in a manner which can accommodate collection trucks and shall be large enough to accommodate recycling containers.

Landscaping shall be provided around these facilities in compliance with the requirements of the Municipal Subdivision and Land Development Ordinance.

Refuse facilities attached to buildings shall be subject to the same building setbacks as the buildings.

Refuse facilities detached from residential buildings shall meet setbacks for accessory structures and shall be subject to a setback of 10 feet from all primary buildings on the subject property or neighboring properties. They shall not be located in the front yard area.

§ 320-261 Residential handicap accessibility ramps and lifts.

Standards.

Building permit shall be obtained from the building permit from the Building Department.

Ramp or lifts must comply with all applicable provisions of the Americans with Disabilities Act.

Ramps must be parallel to the building.

Ramps or lifts must be constructed or placed on the rear-facing facade.

Ramps or lifts may be constructed or placed on the side or front facade provided the applicant can demonstrate, to the satisfaction of the Building Department, that access from the rear facing facade is either infeasible or impracticable. If construction or placement is on the front or side facade, the following additional conditions shall be met.

The design, construction and location shall be appropriate to the context of the existing structure and neighborhood.

A rendering shall be submitted to the Planning Commission for review and comment on the ramp or lift's contextual compatibility unless the property is located in a designated historic district.

If the property is located in a designated historic district, approval is required from the Historical Architectural Review Board.

Front and side facing ramps or lifts may extend into the front or side yard setback provided the following conditions are met:

The property owner must demonstrate that the ramp or lift cannot be constructed within the subject property lines.

If front facing, the ramp or lift may extend five feet into the sidewalk but must leave a minimum five feet of open sidewalk in front of the ramp or lift that is clear of obstructions for pedestrians to pass.

If located to the side, any ramp or lift must leave a minimum side yard setback of three feet that is clear of any and all obstructions allowing unencumbered access to the rear of the property.

§ 320-262 Residential parking and garages.

Standards.

To maintain the existing character of the neighborhood, surface parking shall not be in the front yard. If a proposed lot abuts an existing alley, then parking must be placed in the rear yard of the property with access to the parking from said alley and garage facing the alley or the side. Garden apartments, when developed under § 320-69, shall be exempt from this requirement.

[Amended 9-21-2021 by Ord. No. 21-10]

In situations where no alley is present or proposed, the parking shall be located as follows:

In the side or rear yard, with a side drive configuration.

On the street, if the existing pattern on the block is for on-street parking.

Garages facing an alley shall be setback a minimum of 10 feet from the edge of the alleyway and five feet from the side yard property line.

Where no alley exists or can be created, or where the property lacks sufficient depth for parking in the rear or for a rear-facing garage, then parking in the front yard setback or a front-facing garage shall be permitted as a special exception as per Article XXI, and the following subsections. Garden apartments, when developed under § 320-69, shall be exempt from this requirement.

[Amended 9-21-2021 by Ord. No. 21-10]

No more than one off-street parking space shall be permitted on the driveway in front of a front-facing garage.

Only the garage space shall count toward the required parking.

No portion of the sidewalk or walkway in front of the dwelling may be used for off-street parking.

Minimum lot width for an interior rowhouse dwelling with a front facing garage shall be 22 feet.

No more than four units of a six-unit rowhouse may have front facing garages.

Width of driveways serving garages shall be no greater than the width of the garage entry.

A freestanding front-facing garage, or front-facing garage that is not structurally integral to the dwelling, shall be set back a minimum of 20 feet from the dwelling's front facade.

(f)

No portion of an attached garage may project beyond the front facade of the dwelling.

(g)

Garage doors shall contain decorative architectural elements that complement the building's front facade and entryway.

§ 320-263 Sidewalks.

Standards.

The area between the front facade and the curbline of the street shall include a sidewalk as defined in § 414 of the Municipal Subdivision and Land Development Ordinance[1] and shall be free and clear of any and all obstacles to pedestrian circulation caused by the property owner.

Editor's Note: See § 282-414.

The unencumbered sidewalk width may be reduced to four feet in instances where the obstruction is preexisting and is the property of a public utility or the Municipality of Norristown.

§ 320-264 Stripping topsoil.

Standards.

No person, firm or corporation, other than the Municipality of Norristown or an agency acting under contract therewith shall remove topsoil or sod in any district, except under the following conditions:

In connection with the construction or alteration of a building for which a building permit has been previously issued or in connection with excavation or grading incidental to such building or maintenance of the grounds thereof.

In connection with normal lawn preparation and maintenance on the lot from which such topsoil is removed.

In connection with any accessory use incidental to a permitted use.

In connection with the construction or alteration of a street.

§ 320-265 Traffic impact study.

Standards.

A traffic impact study prepared by a professional traffic engineer licensed in the State of Pennsylvania shall be provided with each development proposal, and it shall demonstrate conformity of the incremental improvements with the needed overall improvements as defined in the adopted Lafayette Street Corridor Study prepared by McMahon Associates, Inc., dated September 2000, any other traffic studies adopted subsequently by Municipal Council and the plans referenced in § 320-1, Legislative intent, and to demonstrate compliance with sound engineering practice, efficient traffic management and conformance with standards of the ITE.

§ 320-266 Water supply and sewage disposal.

All development in the municipality shall be served by public water supply and sewage disposal facilities.

§ 320-267 Oil change and lube facilities.

Standards.

All activities are performed within a completely enclosed building.

Outdoor storage is not permitted.

Sufficient on-site stacking lanes are provided to accommodate a minimum of four automobiles for the first maintenance bay and one automobile for each additional maintenance bay.

§ 320-268 Veterinary.

Standards.

Buildings are adequately soundproofed so that sounds generated within the building cannot be perceived at the lot boundary.

No shelter, run, or structure that will contain animals at night is located within 75 feet of a property line or street.

§ 320-269 Adaptive reuse.

Purpose. The purpose of the adaptive reuse ordinance is to provide for the rehabilitation and adaptive reuse of historic religious institutions in a manner that preserves their context and unique place in the history of the Municipality of Norristown, while providing a viable economic use that offset the costs of renovating and maintaining these historic structures. If a property is converted, the architectural character of the building(s) shall be maintained, to the greatest extent practicable, in order to retain the visual character of the building and the grounds as they were designed and/or as they have traditionally been maintained.

Applicability. These standards shall apply to buildings originally constructed principally as a religious institution, church, house of worship, or parsonage/rectory, as determined by the Zoning Officer. Eligible buildings must have been constructed in or before 1940 as indicated in the Montgomery County Board of Assessment Appeals records.

Permitted uses. A building proposed for adaptive reuse may be used or occupied for one or more of the following purposes, with uses allowed to be mixed within a building or mixed in separate buildings on a property, when authorized as a special exception by the Zoning Hearing Board pursuant to Article XXI, Special Exceptions, and the criteria contained herein.

Age-restricted multifamily residential.

A lot area of not less than 2,500 square feet shall be provided per dwelling unit. A maximum density of 15 dwelling units per gross acre shall apply.

One hundred percent of the dwelling units shall be age-restricted to age 62 years or older, with the exception of a certified caregiver to a qualified resident, or disabled dependent. The aforementioned age restriction shall be recorded as a deed restriction on the property.

One off-street parking space shall be provided per age-restricted multifamily dwelling unit.

Business or professional offices, excluding client-based social services.

This use shall be limited to one employee per 500 square feet of gross floor area.

Cultural institution, including, but not limited to, art gallery, library, museum, or theater for the performing arts.

If classes are to be provided, the use shall be limited to one class at a time with not more than 10 students in the class and not more than two instructors.

Bed-and-breakfast, in accordance with the requirements set forth in § 320-237, as well as the following additional regulations.

This use shall be limited to eligible buildings located in the R1 Residence, OCR Office Commercial Retail, TC Town Center, and GRO Gateway Redevelopment Overlay Zoning Districts.

Buildings with a gross habitable floor area of less than 2,000 square feet are not eligible for this use.

Day-care center, in accordance with the requirements set forth in § 320-216E.

Community center or recreation facility.

Accessory uses customarily incidental to a principal uses permitted by this section.

Architectural design standards.

Exterior building materials shall be maintained or replaced with like materials in order to retain or preserve the historic character of the property to the greatest extent possible. Window or door openings shall not be altered, other than for maintenance or replacement with like materials and assemblies.

There shall be no external alteration of the converted building except as permitted below.

Those necessary for reasons of safety or compliance with the accessibility and exiting requirements in the International Building Code.

Openings required to accommodate new windows and doors, grade-level patios, or wood decks.

Vents or exhausts for mechanical systems.

Upper floor balconies on the side or rear of the building.

Open porches, up to 300 square feet.

(f)

New stairways located to the rear of the building unless required by the building code to be located on the side of the building.

(g)

Building additions.

For buildings with 5,000 or more square feet of total habitable floor area, the permitted expansion is limited to no greater than 10% of the existing building's total habitable floor area but in no case exceeding 1,000 square feet.

For buildings with less than 5,000 square feet of total habitable floor area, the building may be expanded by up to 20% of the existing building's total habitable floor area, or 1,000 square feet, whichever is less.

All building additions shall be located on the rear or side facade and shall be compatible with the existing building in appearance, size, scale, and materials.

General development regulations.

Supplemental regulations. The relevant provisions found in Article XXIII, Supplemental Regulations, shall apply.

Building coverage and impervious surface:

Not more than 60% of the tract area may be occupied by buildings.

Not more than 75% of the tract area may be covered with impervious surfaces.

To the degree the lot is nonconforming to the building area or impervious surface requirements, the existing and new improvements required to complete the conversion shall comply with the standards in Article XXV, Nonconformities.

Perimeter landscaping per § 433 of the Municipality's Subdivision and Land Development Ordinance[1] shall be provided along any property line that either abuts a residential zoned property or use.

Editor's Note: See § 282-433.

Parking. Unless otherwise noted, off-street parking pursuant to the standards in Article XXVI, Off-Street Parking and Loading.

Signs. Unless otherwise noted, when erected and maintained in accordance with the provisions of Article XXVII, Signs.

All proposed conversions shall be reviewed by the Historical Architectural Review Board when this board has jurisdiction. When the Historical Architectural Review Board does not have jurisdiction, all proposed developments shall be reviewed by the Design Review Board as per the standards and criteria in § 320-243.