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.
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. 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.
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.
(3) Home occupation only as defined in §
205-5.
(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.
(f)
The applicant shall prepare and file with the Recorder of Deeds a deed restriction, in a form acceptable to the Township Solicitor, setting forth the conditions set forth in Subsection
B(4)(a) through
(e) above, which shall reflect that the property is encumbered with those specific conditions.
(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:
[2] The maximum height of the device measured from the ground level upon
which it will be installed.
(c) In no event shall the maximum height measured to its highest point
exceed:
[1] Fourteen feet for freestanding solar panels.
[2] Thirty-five feet for small wind-powered generation devices. For devices
having rotor blades that rotate around a horizontal axis, the height
shall include the highest point of the rotor blade above ground elevation.
(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.
[Added 5-27-2014 by Ord.
No. 553]
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.
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:
(1)
Font yard setback: 100 feet;
(2)
Side yard setback: 100 feet;
(3)
Rear yard setback: 100 feet;
(4)
Setback from any residential building: 100 feet;
and
(5)
Setback from road frontages: 100 feet.
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]
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.
[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:
(a)
The use is expanded or substantially changed; or
(b)
The owner of the property makes any alteration or improvement
to the property that would require subdivision and/or land development
approval.
(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;
[4] Clearances between tables and between the seating
area and the curb;
[5] The location of all food preparation and service
areas;
[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.