For the purpose of this chapter, the following
regulations shall govern each and every district.
In the event that any lot is held of public
record in single and separate ownership on the effective date of this
chapter, which shall not be of sufficient size or dimension to permit
the erection of a building thereon in accordance with the requirements
of this chapter, and provided that the Zoning Hearing Board shall
find that the necessary additional ground is not available because
of the settled condition of the neighborhood or because of inability
of the owner to acquire additional ground upon fair terms, the Zoning
Hearing Board may grant a variance for the use of such lot upon such
conditions as the Zoning Hearing Board may specify so that the minimum
and maximum regulations of the district shall be met as closely as
possible. In cases where all requirements of the applicable district
can be met except for lot area, the Zoning Officer shall have discretion
to permit a permitted use.
No lot shall be so reduced that the area of
the lot or the dimensions of the required open space shall be less
than herein prescribed.
A.
Where there is pronounced uniformity or alignment
of the fronts of existing buildings on the same side of the street
within 200 feet of each side line of a proposed building, the front
yard requirement of the district may be modified as to said building
to permit a depth of not less than the mean front yard existing within
said district.
B.
Where there is a conflict in providing for the installations
of the requirements to comply with the Americans with Disabilities
Act, the front yard setback shall be allowed to be reduced to meet
these requirements so long as no interference is created with pedestrian,
vehicle or emergency access.
There shall be measured along the center line
of intersecting streets a minimum clear sight triangle of 75 feet
from the point of intersection. Within the sight triangle, no wall,
fence or other structure shall be erected, altered or maintained and
no hedge, trees, shrub or other growth shall be planted or maintained
which shall interfere with a free or unobstructed view down and across
lands within such sight triangle.
Accessory uses authorized in this chapter shall
include the following:
A.
Uses accessory to agriculture: noncommercial greenhouses
and barns; the keeping, breeding and management of livestock and poultry,
but in such quantities and to such extent as are customarily incidental
to the principal use; and the preparation of products on the premises
for use and the disposal thereof by marketing or otherwise. Roadside
stands for the sale of products produced on the premises on which
the stand for the sale of products is located shall be permitted upon
the following conditions:
(1)
An annual permit is secured from the Zoning Officer.
(2)
The location shall not be within the boundaries of
any street.
(3)
The location shall not be nearer than 60 feet to any
intersection.
(4)
Parking for stopping vehicles shall be provided off
the paved portion of the street of a sufficient width so as to not
interfere with the safety of persons stopping or using the street.
Parking nearer than 30 feet to an intersection shall not be permitted.
(5)
One stand not exceeding 400 square feet and one story
high is permissible as an accessory use. The stand shall be constructed
in accordance with the East Norriton Township Building Code.[1] It may be permitted to remain until a renewal permit is
secure for the following year. If no renewal permit is secured by
July 1 of any year, said stand shall be removed within 30 days of
the receipt of notice in writing from the Zoning Officer. No permit
shall be valid beyond December 31 of any year.
[1]
Editor's Note: See Ch. 72, Building Construction.
B.
Uses accessory to dwelling:
(1)
A private garage shall require a zoning permit and be constructed to the then current building codes in effect. A private garage with a total area no greater than the square footage of the first floor of the dwelling to which it is accessory, private parking spaces, shelters for not more than three domestic pets owned by the occupant and one temporary structure as outlined in § 205-17 for the occupants' noncommercial use. The housing of pigeons, chickens, ducks or other fowl and the keeping of farm animals shall not be permitted.
(2)
Swimming pools for the use of dwelling residents and
guests only, provided that it is located in the rear yard, unless
it is a corner property. The minimum setback for swimming pools in
an AR, BR, RP or RO Residential District shall be 20 feet to all property
lines.
(4)
Relative quarters, subject to the following conditions:
(a)
Neither the present structure nor the proposed
addition shall at any time be occupied by any person other than the
property owner and members of his or her immediate family.
(b)
Any sale, lease, transfer or other alienation
of the property shall be as a single-family dwelling and shall include
the entire structure located on the property.
(c)
The owner shall not lease or rent the in-law
quarters as an apartment or separate dwelling.
(d)
Upon the sale, transfer or other alienation
of the property, unless the appropriate deed restriction has been
filed with the Recorder of Deeds and the property is being continued
as a relative quarters by the new owner/buyer, there shall be no more
than one kitchen and/or cooking facility located thereon. Any additional
kitchen or cooking facility on the property must be removed prior
to sale, transfer or other alienation of the property.
(e)
In-law quarters must be located in the existing
dwelling or must be attached to the existing dwelling, and there shall
always be maintained the standard doorway and/or passageway connecting
the principal residence and the in-law quarters. In-law quarters shall
not be located in a separate freestanding building.
(g)
A one-year renewable permit issued by the Township
Zoning Officer shall be required to ensure compliance with this chapter.
The fee for this permit shall be established by resolution of the
Board of Supervisors.
(5)
Portable and standby electric generators when rated at 24 KW or less,
provided that such generators are used only during times of loss of
utility-provided power, except that such generators may be exercised
for a period of no more than one hour from 9:00 a.m. to 6:00 p.m.
when they are located behind the building setback line.
[Added 10-27-2015 by Ord.
No. 566]
C.
Uses accessory to an Institutional District:
(1)
Fund-raising activities conducted inside or outside
a structure, subject to the following regulations:
(a)
All licenses and permits must be obtained, and
all applicable fees shall be paid by each outside vendor.
(b)
All parking, traffic and crowd control shall
be the responsibility of the institution.
(c)
Signs may be erected in accordance with § 205-117 of this East Norriton Township Zoning Chapter.
(d)
A list of all outside vendors participating
in a fund-raising activity shall be submitted to the Township by the
institution prior to the start of the activity.
D.
Uses accessory
to all zoning districts:
[Added 1-3-2011 by Ord. No. 533]
(1)
Solar and small wind-powered generation devices rated at 200 KW or
less may be installed on existing structures that conform to current
height and setback requirements of the zoning district in which they
are located.
[Amended 10-27-2015 by Ord. No. 566]
(2)
Ground-mounted
solar and small wind-powered generation devices rated at 100 KW or
less subject to the following:
(a)
Solar or small wind-powered generation devices shall not be permitted
in the front yard of any district nor forward of the line of the rear
facade of any principal building which occupies the lot.
(b)
Solar or wind-energy devices shall be permitted within side or rear
yards established for the district and shall be set back from the
property line a distance equal the greater of the following:
(c)
In no event shall the maximum height measured to its highest point
exceed:
(d)
Special regulations for small wind-powered generation devices:
[1]
In residential districts only devices with vertical axis rotors shall
be permitted.
[2]
The lowest part of a horizontal rotor blade shall be a minimum of
25 feet higher than the surrounding ground elevation. The lowest part
of a wind turbine with vertical axis rotors shall be a minimum of
15 feet higher than the surrounding ground elevation.
[3]
Measured at the property line, the sound shall in no event neither
exceed 65 dB nor be greater than 10 dB above the ambient noise level.
[4]
There shall be no climbable features less than 15 feet from ground
elevation.
[5]
There shall be not more than one small wind turbine per acre, or
more than two per individual lot.
[6]
Color. Acceptable colors shall be limited to matte grey, light sky
blue, or silver. Other colors or combinations of colors may be acceptable
subject to the approval of the Board of Supervisors, provided the
color(s) are determined to be stealth in nature.
[7]
No advertising, logo or signage of any kind shall be permitted on
the wind turbine structure or rotor blades.
[8]
No light source shall be permitted on the device.
[9]
Removal of devices (turbines) required. The property owner shall
be required to remove small wind turbines that have either been abandoned
or are not in operation for three consecutive months.
[10]
Manufacturer’s construction and electrical drawings shall be
submitted for approval by a Pennsylvania licensed Building Code Official.
[11]
A manual override braking system shall be required during power outages.
[12]
A plot plan indicating the location of the turbine, including dimensions
from property lines, road rights-of-way, utility easements, and occupied
buildings shall be provided.
[13]
Pennsylvania P.E. sealed twenty-four-inch-by-thirty-six-inch structural
drawings with wind load calculations.
A.
For temporary structures of up to 168 square feet,
there shall be a minimum setback of five feet from any side or rear
property line. The placement of any temporary structure shall not
be any further forward than the rear wall of the primary structure,
shall not be located in the front yard, in any easement or in any
drainage way that would affect the overall public interest. A temporary
structure shall not exceed 14 feet measured to its highest point.
[Amended 4-28-2009 by Ord. No. 515]
B.
For temporary pool structures erected in a residential
townhouse development, this side and rear yard requirement shall be
reduced to four feet each; provided, however, that the installation
of a temporary pool structure will not be allowed where the installation
thereof will violate a private restriction or will have any adverse
effect on the stormwater drainage system.
C.
The determination of any adverse effect on the stormwater
drainage system shall be made by the Township Zoning Officer. Appeals
from an adverse decision of the Zoning Officer shall be made pursuant
to this Township Zoning Ordinance.
A.
Each and every lot shall abut a public street serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties for at least 100 feet at the right-of-way, with the exception of lots in the BR Residential Districts, which shall be required to abut public streets for at least 80 feet at the right-of-way, and with further exception of CR Residential District lots in fee simple sale cases, which lots shall be required to abut a public street for at least the same width as required by Article VIII, § 205-38E, for a minimum width at the building line; however, in a CR Residential District in which the lots do not rely for access on a dedicated street or a street proposed to be dedicated, this section shall not apply. The length of a lot abutting a public street at the right-of-way line may be reduced to 50 feet for lots abutting the turnabout portion of the permanent cul-de-sac streets in AR Residential and BR Residential Districts.
B.
A "public street" shall mean an improved state highway,
improved county highway or street improved in accordance with East
Norriton Township's current standards and regulations.
A.
Mobile homes and mobile home parks. In any AR Residential
District or BR Residential District, mobile homes may be located on
individual lots or in a land development commonly known as a "mobile
home park." All of the provisions of AR Residential and BR Residential
Districts shall be complied with.
B.
In the case of development in any Zoning District
except AR Residential and BR Residential, no building permit shall
be issued until the proposed site has been reviewed by the Township
Engineer and found to be in accordance with the following requirements:
(1)
The development shall consist of harmonious selection
of uses and grouping of buildings, service and parking areas, circulation
and open spaces, planned and designed as an integrated unit, in such
manner as to constitute safe, efficient and convenient development.
(2)
The proposed development shall be constructed in accordance
with an overall plan with appropriate landscaping.
(3)
Adequate area shall be provided for loading and unloading of delivery trucks and other vehicles; servicing of shops by refuse collection, fuel, fire and other service vehicles; and automobile accessways; and service areas shall be screened from view from any abutting roadway and from within the parking area. The requirements of Article XVIII of this chapter shall also apply.
(4)
Provision shall be made for safe and efficient ingress
and egress to and from public streets and highways serving the development
without undue congestion to or interference with normal traffic flow.
Wherever practical and recommended by the Township Engineer, common
vehicular access points shall be required.
(5)
A description of the commercial uses proposed, including
approximate number of employees and an indication of the number of
customers in sufficient detail to indicate the effects of those operations
in producing traffic congestion, noise, glare, air pollution, water
pollution, fire hazards or safety hazards, shall be provided.
(6)
If deemed appropriate, the Township Engineer may consult
with the East Norriton Township and Montgomery County Planning Commissions.
A.
In the SC, C, EC and ECII Districts, a nonrenewable
special use permit may be issued by the Zoning Officer to existing
lawful tenants to allow for special outdoor events, including lawful
retail sales, subject to the following conditions:
[Added 12-23-2008 by Ord. No. 512]
(1)
Events must be temporary in nature, not to exceed
seven consecutive days, except those seasonal sale items which, by
their nature, require a longer selling period (e.g., Christmas tree
sales).
(2)
No event shall use more than 25% of the usable lot
area, excluding buffer zones.
(3)
Application for such temporary use permit must be
made in writing to the Township Zoning Officer and must be executed
by both the landowner and the proposed land user.
(5)
All temporary structures erected as part of the special
use must conform to the requirements of the Pennsylvania Uniform Construction
Code, as amended. Temporary structures shall be removed immediately
upon the conclusion of the event.
(6)
All applicants shall provide safe and adequate off-street
parking and adequate traffic and crowd control.
(7)
All appropriate Township licenses, taxes and permits
must be obtained from the respective Township offices prior to issuance
of this permit.
B.
Failure to comply with any of the aforesaid requirements
or conditions shall constitute a violation of this chapter and shall
result in forfeiture of applicant's escrow deposit and any other penalties
provided for under this chapter.
[Added 5-27-2014 by Ord.
No. 553[1]]
Group homes shall be permitted by special exception in the AR,
BR, BR-1, MR, GA, CR, HR, HR-1, RR, RP, RO, ATR, and IN Zoning Districts,
subject to the additional requirements listed below. Prior to obtaining
a permit for a group home use, the applicant shall provide evidence
that the group home will be in compliance with the below regulations,
and the below regulations shall be in full force and effect so long
as the dwelling continues to be used as a group home:
A.
A fire sprinkler system which complies with NFPA 13D (2007) shall
be installed throughout the group home and any attached accessory
buildings.
B.
A fire alarm system which complies with Chapter 11 of NFPA 72 (2007) shall be installed throughout the group home and any attached accessory structures.
C.
When applying for a group home permit, the applicant shall provide
a dimensioned floor plan indicating the size of each room, including
sleeping rooms, and identifying the maximum number of residents who
will occupy each sleeping room, to demonstrate that the home will
not be overcrowded and in compliance with all applicable building
codes.
D.
When applying for a group home permit, the applicant shall provide
a written statement describing how the facility will have adequate
trained staff supervision for the number of residents and their related
disability or disabilities.
E.
In place of the off-street residential parking requirements for residential
units, a group home shall provide a minimum of four off-street parking
spaces. A group home with more than four residents shall provide one
additional off-street parking space for every two residents, or fraction
thereof, in excess of four residents. All parking spaces shall measure
no less than nine feet in width and 18 feet in length, and a garage
shall not be counted as a parking space.
F.
Supervisory, counseling and medical services shall be provided only
to residents of the group home, and no outpatient services will be
provided to individuals who are not residents of the group home.
G.
A minimum of one nonresident (caretaker) employee shall be on the
premises at all times and shall be readily available to provide assistance
to residents of the group home.
H.
All nonresident (caretaker) employees shall be qualified by training
and/or experience to provide supervision and care to residents of
the group home.
I.
If a group home is in a residential district, an appearance shall
be maintained closely similar to nearby dwellings, and no sign shall
identify the use.
A.
It is hereby recognized that certain uses may be necessary
to serve the needs and convenience of the Township, but which uses
may become inimical to the public health, safety and general welfare
by reason of their inherent nature and/or operation and therefore
require special and proper consideration of existing and probable
future conditions and characteristics of the surrounding area. Such
uses are hereby declared to be conditional uses and may be permitted
upon written application to the Township, review by the East Norriton
Township Planning Commission and approval by the Board of Supervisors
of East Norriton Township, provided that said use is shown as a conditional
use in the Zoning District Schedule for the district in which the
use is proposed and subject to the following considerations:
(1)
The suitability of the property for the use desired.
(2)
The effect of the proposed use upon the safety and
health of the immediate neighborhood and the general public therein.
(3)
The effect of the proposed use upon the character
of the immediate neighborhood so as to conserve the value of existing
buildings and encourage the most appropriate use of the land.
B.
In granting a conditional use, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of this section and the Zoning Ordinance. The burden of proof in any
application for a conditional use shall be on the applicant to prove
that the use is one which is permitted by conditional use and that
the proposed use will not adversely affect the general public.
A.
The following provisions shall apply to family day-care
centers, group day-care homes and day-care centers.
(1)
An approved Pennsylvania Department of Public
Welfare registration certificate or license, as appropriate must be
obtained, and all Department of Public Welfare regulations, including
those standards governing adequate indoor space, accessible outdoor
play space and any applicable state or local Building and Fire Safety
Codes, must be met.
(2)
Each owner or operator shall register with East
Norriton Township prior to the issuance of a use and occupancy permit.
The owner or operator must certify compliance with all applicable
Township and state requirements for child care.
(3)
Firesafety. The owner or operator shall allow
the premises to be inspected by the Township Fire Marshal and shall
implement all required corrective measures and within the time limits
stated by the Fire Marshal.
(4)
Inspection. The owner or operator shall permit
inspection of the premises for compliance with the requirements of
all applicable Township and state requirements by Township employees
as are designated to perform such inspections.
B.
The following provisions shall apply to group day-care
homes and day-care centers.
(1)
Buffer standards. All side or rear property
lines abutting residential uses in the Township or in an adjacent
municipality shall be screened so as to provide an appropriate visual
and noise buffer between the adjacent land uses. The following standards
apply to all required buffers:
(a)
Buffers shall contain combinations of evergreen
and deciduous vegetation, earthen berms, fences and/or walls. The
buffer shall be a minimum of five feet in width. No more than 25%
of the screen shall be composed of fences or walls. Earthen berms
shall not exceed four feet in height.
(b)
The required buffer is to be a minimum of six
feet in height at the time of installation.
(c)
All plant material shall be guaranteed for two
years. All plant material which dies within that time shall be replaced
by the applicant.
(2)
Parking for employees and clients. At least
one on-site parking space must be provided for each 200 square feet
of floor area dedicated to child care. This parking is in addition
to any required for any other use on the site.
(3)
Dropoff and pickup area.
(a)
A minimum of one vehicle space for dropoff and
pickup shall be provided for each eight children cared for. These
spaces must be located so as not to conflict and interfere with vehicular
traffic or cause a stacking of cars waiting to enter the dropoff and
pickup area.
(b)
The dropoff and pickup area shall be made up
of two one-way aisles. One aisle shall be used for dropoff or receiving
of children and shall have a width of 12 feet. The second aisle shall
be used for passing and shall have a ten- to twelve-foot width. The
minimum required length for each space is 22 feet.
(4)
Entrance/exit accessibility.
(a)
The entrances/exits of the child care service
use should be visible from the pickup/delivery area. Parents and children
should be able to access the center from the dropoff/pickup area and
parking areas without crossing vehicular traffic lanes or other dissimilar
uses.
(b)
When located in a multiuse building complex,
entrances/exits should have direct access to the child-care center
without walking through other significant portions of the building.
In all cases, a secondary entrance/exit should be provided for emergency
use.
(5)
Entrance/exit control. The center should control
the entrance and exit to the child-care center to prevent unauthorized
access to the portion of the child care use housing the children without
being physically admitted by a staff member. Anyone leaving the center
should similarly come under the direct control of center personnel.
(6)
Play area setback. All structured play areas
or other areas of high activity shall not be located in any required
or provided front yard. Such uses when located at other locations
on the property shall be so located and designed so as to address
the question of separation and protection from noise for the adjoining
properties. This may be accomplished by means of landscaping as set
forth elsewhere herein, and sound deadening devices and other suitable
methods. These uses shall not be located within 10 feet of a rear
or side yard property line.
(7)
Recreational spaces: location. An outdoor play
area as required by state regulations shall be provided and shall
be located immediately adjacent to the child-care center.
Forestry, as defined in § 205-5, shall be permitted in any zoning district in the Township, subject to the following regulations and requirements:
A.
Forestry activities. Forestry activities shall be
practiced in accordance with accepted silvicultural principles, through
developing, cultivating, harvesting, transporting, and selling of
trees for commercial purposes. A plan shall be filed with the Township
which shall provide measures for erosion and sedimentation control
and the immediate replanting of trees on areas where existing tree
growth has been harvested.
B.
Setbacks. Buildings, including accessory structures,
and the harvesting or cutting of timber which is part of any forestry
operation within the Township shall be set back from property lines
and road frontages as follows:
C.
Hours of operation. No forestry operations conducted
in the Township shall commence operations of any machinery utilized
in the forestry business, including motorized vehicles engaged in
the business, until 7:00 a.m., and all such operations shall cease
by 5:00 p.m., prevailing time, Monday through Friday only.
D.
Exterior storage. Any exterior storage of lumber or
forestry product or by-product shall comply with all recognized fire
standards and safety standards and shall be screened from view with
the planting of an appropriate evergreen screen.
E.
Deliveries or transport to and from the site. No deliveries
to the location or transportation of product or by-product of the
forestry operation shall be conducted except between the hours of
7:00 a.m. and 5:00 p.m., Monday through Friday only.
F.
External illumination. Any external illumination to
be placed on the site as part of or to assist in the forestry operation
shall be shielded from direct visual observation on any adjoining
property or along any adjacent roadway.
G.
Signage and retail operations. No sale of any of the
lumber or any other product or by-product of the forestry operation
may be sold on the premises where the forestry operation is conducted.
[Added 12-23-2008 by Ord. No. 512[1]]
A.
Fences
that do not exceed six feet in height are permitted in all districts.
Fences shall not extend toward the front of the building line further
than the front wall of the structure except that an open fence may
enclose the front of the property but shall not exceed four feet in
height and may not be placed in the right-of-way. The use of barbed
wire or razor wire is prohibited.
B.
In nonresidential
districts that abut a residential district, a solid wood or PVC fence
not exceeding eight feet in height may be installed along the rear
property line to serve as a buffer between the nonresidential and
residential districts. In all other nonresidential districts, fences
greater than six feet in height but not exceeding eight feet in height
are permitted by special exception when authorized by the Zoning Hearing
Board.
[1]
Editor’s Note: This ordinance also repealed former §
205-21.3, Net lot area requirements for residential districts.
[Added 10-27-2015 by Ord.
No. 566]
Limited personal service: a retail facility offering psychic
readings, body piercing, branding or tattooing of persons and similar
uses. The following requirements shall be met:
A.
The service must be performed in sanitary conditions and in compliance
with all federal, state, and local regulations, rules, and laws regulating
such practices.
B.
The place of service shall be a minimum of 1,000 feet from any property
on which a public or private school is located.
C.
The limited personal service provider shall display notices as required
by Pennsylvania law regarding the necessity of parental consent before
any procedure is performed on a minor.
[Added 10-27-2015 by Ord.
No. 566]
A.
Permit required. Outdoor food service is permitted as a use accessory
to a principal restaurant use, retail food establishment and microbrewery,
subject to the following requirements:
(1)
All permits required by this section shall be applied for and
obtained from the Zoning Officer.
(2)
Outdoor food service is permitted as an accessory use to permitted
restaurant uses, retail food establishments and microbreweries in
the SC, C, EC and ECII Zones.
(3)
A one-time permit from the Township of East Norriton is required
to operate an outdoor food service area.
(4)
Applicants shall apply for permit approval in accordance with
the provisions of this chapter. All such applications shall be approved
by the Zoning Officer and shall be referred to the Chief of Police
and the Fire Marshal, who shall provide the Zoning Officer with written
reports of their opinions and recommendations regarding the application.
(5)
Applicants shall meet all general ordinance requirements and
all other laws, rules, regulations and codes applicable to the proposed
activity.
(6)
The permit granted pursuant to this section shall allow the
use of the outdoor food service area at any time of year. However,
the area must be properly maintained at all times, including complying
with the litter control plan, complying with all applicable laws,
rules, regulations and codes, and properly securing or removing tables,
chairs and other items during times of inclement weather and high
wind; further, at no time shall chairs, tables or other items be stacked
in the area.
(7)
Notwithstanding anything contained in this section, any use
falling within the definition of "outdoor food service" that was in
operation prior to the adoption of this section on October 27, 2015,
may continue without further approval by the Zoning Officer or being
required to obtain a permit as required herein; provided, however,
that permit approval in accordance with this section shall be required
in the event:
(8)
No action shall be taken on any application for a permit under
this section until the application has been completed in its entirety
and the application fee, as required by a schedule of fees established
and amended from time to time by resolution of the Township, has been
paid in full.
B.
Permit application.
(1)
Applicants proposing to establish an outdoor food service area
must provide satisfactory proof to the Zoning Officer of the following:
(a)
The type of outdoor food service proposed by the applicant,
whether it be outdoor dining areas or outdoor eating areas.
(b)
Applicants must provide an architectural barrier, such as flower
beds, landscaping or decorative fencing, designed to enclose the eating
area and limit the ability of litter to blow off the premises.
(c)
An applicant proposing to establish an outdoor eating area or
outdoor dining area shall submit to the Zoning Officer a layout of
the proposed seating areas, which shall include but not be limited
to:
[1]
A depiction of all aisles;
[2]
Routes of ingress and egress;
[3]
Proposed occupant load;
[4]
Clearances between tables and between the seating
area and the curb;
[5]
The location of all food preparation and service
areas;
[6]
A landscape plan;
[7]
The location and description of all electrical
and other equipment and fixtures that will be utilized;
[8]
An illustration, rendering or photograph of all
proposed furniture, umbrellas, awnings, signage and other furniture
proposed;
[9]
Distances from automobile travelways and parking
areas.
(d)
The written consent of the property owner, if different than
the applicant.
(e)
The indoor seating capacity of the principal use.
(f)
Such other information as may be required from time to time
by the Township.
(2)
The Zoning Officer shall review each application to ensure that
the proposed operation of the outdoor food service area will not interfere
with pedestrian or vehicular traffic.
(3)
The Zoning Officer shall require each applicant to submit a
litter control plan, which shall include, but not be limited to, a
description of the number and location of trash receptacles for the
areas and the frequency with which the tables, surrounding area and
adjacent public and private properties will be policed for litter.
(4)
Outdoor food service areas will comply with the noise standards described in § 127-6 (Noise limits).
(5)
The seating contained in an outdoor food service area shall
not be counted in determining any parking space requirement for a
retail food establishment or restaurant use, unless the number of
seats for the outdoor food service area exceeds 20% of the interior
seats or interior floor area dedicated to patron use, whichever is
greater.
(6)
No fees shall be prorated nor any part thereof refunded for
any reason.
(7)
The Township may, from time to time, promulgate whatever rules
or regulations it deems necessary or desirable to effectuate the purposes
of this section, and the same shall be approved by the Township.
C.
Appeals. The Zoning Board shall have the power to hear and decide
appeals where it is alleged by the appellant that there is error in
any requirement, decision or refusal made by the Zoning Officer in
the enforcement of this section. Additionally, the Planning Commission
or Zoning Board, as appropriate, shall have the power to hear any
request for a variance from the regulations and conditions of this
section.
D.
Use guidelines. The following regulations shall apply to outdoor
food service areas:
(1)
The outdoor food service area may have a retractable awning
or umbrellas and may contain furniture, including tables, chairs,
and planters, that are easily portable and that can be moved inside
the principal structure.
(2)
A minimum pedestrian walkway of 54 inches clear is to be maintained
in front of the outdoor food service area.
(3)
The minimum height of umbrellas which project into the required
minimum pedestrian walkway shall be 80 inches.
(4)
No outdoor service area may operate before 8:00 a.m. or after
11:00 p.m., except that outdoor food service areas may be permitted
to operate later than 11:00 p.m. by special exception of the Zoning
Hearing Board.
(5)
Noise generated from the outdoor food service area, including,
but not limited to, patron activity, live music or entertainment and
amplified music or sound, shall comply with the noise limitations
of Township ordinances, as amended from time to time by the East Norriton
Township Board of Supervisors.
(6)
Outdoor lighting shall not shine onto adjoining properties.
Light standards shall not exceed a height of 15 feet, and light fixtures
shall be focused downward with a shield, preventing light from shining
on adjacent properties.
(7)
The carrying of any open container of alcoholic beverages is
prohibited outside the delineated area of the outdoor eating area.
(8)
No outdoor use area shall interfere with safe pedestrian and
vehicular traffic on or in the vicinity of the restaurant or lot.
(9)
The owner of the establishment is responsible for keeping the
pedestrian walkway in front of the premises clean and free of trash
and debris on at least a daily basis.
