Conshohocken City Zoning Code
PART 8
GENERAL REGULATIONS
§ 27-801 Intent, Applicability of Regulations.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
In expansion of the declaration of legislative intent and statement of community development objectives contained in Part 1 of this Chapter, the specific intent of this Part is to establish clear standards for activities that may be associated with a variety of zoning districts or types of land use, and to cross-reference provisions in the Conshohocken Borough Subdivision and Land Development Ordinance [Chapter 22] that regulate activities in one or more zoning districts.
2.
Except where noted in this Part, these provisions apply to all zoning districts within the Borough. However, if a conflict occurs between the standards of the General Regulations and any other standards of this Chapter then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by the Conshohocken Borough Subdivision and Land Development Ordinance [Chapter 22].
§ 27-802 Lots of Record.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
For a lot which is of public record in single and separate ownership at the time of enactment of this Chapter and which is not of sufficient size or dimensions to permit the erection of a building thereon in accordance with the requirements of this Chapter, (provided the Zoning Hearing Board finds 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 parcel of ground, in accordance with the provisions Part 6 of this Chapter.
§ 27-803 Subdivision Plan of Lots of Record.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
A lot which does not conform to the minimum and/or maximum regulations of the district in which it is located and which is included in a recorded plan of lots previously approved under the provisions of the Conshohocken Borough Subdivision Ordinance [Chapter 22] shall not be used unless:
§ 27-804 Reduction of Lot Area.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
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.
§ 27-805 Projections into Required Yards.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.
B.
A terrace, platform, deck, or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required side or rear yard a distance of not more than 12 feet provided that it shall not extend into such yard more than 50% of the required depth or width of the yard. Terraces, platforms and decks are expressly prohibited in the front yard of a dwelling.
C.
A Porte-cochere, car port, may be erected over a driveway in a required side yard or rear yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier, or pilaster of a building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows, and balconies may project no more than three feet into a required yard in any district other than the BR-1 and BR-2 Districts. In these districts no more than one foot is allowed.
§ 27-806 Access to Public Street.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Unless otherwise specified in this Chapter, each and every lot shall abut a public street. Preexisting landlocked parcels may be developed with one single-family detached house provided with a fifteen-foot wide easement of access, and provided that the usable portion of the lot otherwise complies with the lot size and dimensional requirements of the district in which it is located.
§ 27-807 Existing Interior Lots.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
An existing lot for which access to a public road does not comply with this Chapter may be developed with a use permitted in the district in which it is located, only when authorized by a variance from the Zoning Hearing Board, in accordance with Part 6 of this Chapter. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be included. All buildings and other structures to be located on such lots shall not be closer than 15 feet to surrounding lot lines. The strip of ground connecting the lot with the public road shall be used as an access strip to only the particular lot in question. The Zoning Hearing Board shall consider the suitability of the strip of ground that connects the lot with the public road for use as an access driveway and may impose such other conditions as may be required.
§ 27-808 Corner Lots.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
A lot fronting on two or more streets at their junction is considered a corner lot. In the case of a corner lot, said lot shall be considered to have two front yard setbacks and one side yard setback and a rear yard setback.
§ 27-809 Height Limitation of Fences and Walls.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005 and by Ord. 5-2013, 8/7/2013]
1.
Tables.
Table A* | |||
Fences | |||
1. | Maximum Height for Fences on Improved Lots. | ||
a. | Yard area between the front wall of a principal structure and the legal right-of-way of the street toward which the wall is oriented: | ||
i. | In LI District = eight feet. | ||
ii. | In all other districts = none permitted. | ||
b. | Yard area between the front wall of a principal structure and the rear lot line: | ||
i. | In LI District = 10 feet. | ||
ii. | In all other districts = six feet. | ||
2. | Maximum Height for Fences on Unimproved Lots. It shall not exceed six feet in all districts except the LI and SP-3 Districts where it shall not exceed 10 feet. | ||
* NOTES: Not withstanding any fence height specifically required for a buffer |
Table B | ||
Walls | ||
1. | In All Districts: freestanding walls shall not exceed three feet in the yard area between the front wall of a principal structure and the legal right-of-way of the street toward which this front wall of the structure is oriented. They shall not exceed six feet in the yard area between the front wall of a principal structure and the rear lot line. Retaining walls shall not exceed six feet unless authorized by the Zoning Hearing Board as a special exception pursuant to § 27-611 of this Chapter. | |
2. | Additional Regulations. | |
A. | All walls and fences shall be outside of the legal right-of-way. | |
B. | All walls and fences running along a rear or side lot line shall be setback at least two feet from the cart way of an alley, where applicable. | |
§ 27-810 Obstruction to Vision at Intersections Prohibited.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
On any corner lot, no physical improvement or planting area shall be erected, altered, or maintained within the required yard setbacks that shall cause obstruction to driver vision from any abutting intersection.
§ 27-811 Accessory Uses.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The following accessory uses shall be permitted, subject to the additional requirements herein.
A.
Uses Accessory to Dwellings.
B.
Setback Requirements. Accessory structures may be erected within the side or rear yard, not closer than three feet to the rear or side lot line unless the abutting owner or owners provide written consent to allow said structure to be built up to the side or rear lot line, and provide a maintenance easement of four feet in width to permit the owner of the accessory structure to maintain this structure. However, where an accessory structure is located on an alley, the side facing the alley shall be set back at least five feet from the edge of the cartway. Prior to construction of any accessory structure, the property lines shall, to the satisfaction of the Borough, be confirmed and staked by a professional land surveyor registered with the Commonwealth of Pennsylvania to permit the Borough to confirm that the setback requirements of this section will be met.
[Amended by Ord. No. 04-2021, 5/19/2021]
C.
Size Limit for Accessory Buildings.
[Amended by Ord. No. 04-2021, 5/19/2021]
(1)
Any freestanding building used for an accessory use shall not exceed 350 square feet in area or 15 feet in height if the structure has a peak roof or 10 feet in height if it has a flat roof.
(2)
Notwithstanding the provisions of Subsection C(1), a private garage designated solely for the parking of vehicles shall be permitted to be a maximum of 450 square feet in area, provided the following criteria are met:
(3)
Provided the requirements of Subsections C(2)(a) and C(2)(b) of this section are met, the additional 100 square feet (or increment thereof) permitted by Subsection C(2) shall be excluded from the applicable impervious surface coverage and building coverage requirements.
D.
Residential Utility and Storage Sheds.
(1)
Legislative Intent: the intent of this Section is to regulate and control the construction of utility and storage sheds on residential properties and to specify the dimensions and construction standards of such structures. For the purposes of this Section, residential utility and storage sheds are lightweight, prefabricated structures placed on a lot without a permanent foundation, however, decking or flooring is permitted. Residential utility and storage sheds are intended to provide storage and utility space for domestic uses. Residential utility and storage sheds shall not be used as garages, animal shelters, places of business, home occupations, or residences.
(2)
Building Permit: residential utility and storage sheds must conform to the requirements of this Section, and require a building permit. The Borough reserves the right to require the removal or relocation of a residential utility and storage shed that is found not to be in compliance with this Chapter or for some other reason is negatively affecting the health safety and welfare of Borough residents.
(3)
Size: the maximum size of a residential utility and storage shed shall be 125 square feet.
(4)
Height: the maximum height of a residential utility and storage shed shall be eight feet.
(5)
Maximum Width: to ensure adequate emergency access to the rear of residences in the Borough, a residential utility and storage shed may be no wider than 1/2 of the lot width of the property on which it is located. In no cases shall a residential utility and storage shed be more than 14 feet in width.
(6)
Siting and Location: residential utility and storage sheds may be located only to the rear of the principal building. Sheds must be setback a minimum of 10 feet from the rear elevation of any residence.
(7)
Setbacks:
(a)
Side Yard Setback: the minimum setback from a side property line shall be three feet.
(b)
Rear Yard Setback: in the case where a property line adjoins an alley, the setback from the rear property line shall be five feet. In no case shall a residential utility and storage shed encroach into any alley or public right-of-way. Where the rear property line does not adjoin an alley, the setback shall be three feet.
§ 27-812 Day-Care Facilities.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Day-care facilities shall conform to the following criteria and standards as well as the requirements of the district in which they are located.
A.
Registration. Each operator of a child/adult day-care center, or family day-care home shall register with Conshohocken Borough prior to the initiation or modification of such use. The operator must certify compliance with all aspects of this Chapter as well as all other applicable Conshohocken Borough requirements and Commonwealth of Pennsylvania requirements for child and adult care.
B.
Inspection. The operator of a child or adult day-care facility shall permit authorized agents of Conshohocken Borough to enter the property to inspect such use for compliance with requirements of this Section and all other applicable Borough ordinances and state statutes and regulations.
C.
Day-care facilities must hold an approved Pennsylvania Department of Public Welfare (child day care) or Department of Aging (adult day care) certificate or license, as appropriate and comply with all applicable state regulations, including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or local building and fire safety codes. Administrators providing day-care services must conduct background checks on all job applicants to determine their suitability for employment in a day-care program.
D.
Family day-care homes are permitted by conditional use in the BR-1, BR-2, and RO Zoning Districts, pursuant to the following:
(1)
Family day-care homes shall be in single-family detached dwellings only.
(2)
Each home shall have a minimum of 40 square feet of indoor space for each child, measured wall-to-wall, inclusive of space occupied by furniture, appliances, or equipment, but exclusive of halls, bathrooms, offices, kitchens, and related areas.
(3)
The requisite outdoor play area shall be surrounded by a safety fence or natural barrier, impenetrable by children or small animals.
(4)
All outside employees or volunteers shall be provided with an off-street parking space.
(5)
The time of operation shall be limited to the hours between 6:30 a.m. and 7:00 p.m.
(6)
Outdoor play shall be limited to the hours between 8:00 a.m. and 6:30 p.m.
E.
Child day-care centers are permitted by conditional use in the BC, SP-1, and SP-2 Zoning Districts, or in churches in any zoning district, pursuant to the following:
(1)
One off-street parking space shall be provided for each employee and one safe passenger unloading space measuring nine feet by 18 feet for every 10 children or portion thereof, that the center is licensed to accommodate.
(2)
If located on-site, the requisite outdoor play area shall be surrounded by a safety fence or natural barrier impenetrable by children or small animals.
(3)
When an off-premises play area is utilized, it must be located within 500 feet of the center and be safely accessible without crossing at grade any arterial street or other hazardous area.
(4)
The time of operation shall be limited to the hours between 6:30 a.m. and 7:00 p.m.
(5)
Outdoor play shall be limited to the hours between 8:00 a.m. and 6:30 p.m.
(6)
No portion of the outdoor play area shall be located less then 30 feet from an existing occupied dwelling without the owners written consent.
(7)
No day-care center shall be established within 500 feet of another such use or school.
(8)
Signs must conform to the requirements contained in Part 21.
F.
Adult day-care centers are permitted by conditional use in the BC, SP-1, or SP-2 Zoning Districts or in churches in any zoning district, pursuant to the following:
§ 27-813 Bed-and-Breakfast Accommodations.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Bed-and-breakfast accommodations may be operated as home occupations in single-family detached, owner-occupied buildings, subject to following regulations:
A.
A bed-and-breakfast use shall not be permitted on a lot with an area less than 12,000 square feet.
B.
A bed-and-breakfast enterprise shall have no more than five guest bedrooms, accommodating no more than 10 guests at any one time; no paying guest shall remain on any one visit for more than 30 days.
C.
One off-street parking space for each guest bedroom shall be provided in a side or rear yard, in addition to any other required parking. There shall be no parking allowed in a front yard.
D.
Meal service is limited to one daily meal per paying overnight guest. Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food.
E.
Owner shall maintain a current guest register.
F.
Bed-and-breakfast accommodations may not sell alcoholic beverages.
G.
Any modifications, additions, alterations, fire escapes, etc. are allowed only to the side and rear of the structure. The structure's facade shall be maintained to appear as a single-family dwelling.
H.
Signs, pursuant to the sign ordinance requirements for home occupations located in residential districts.
I.
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the Borough Fire Code. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
§ 27-814 Wireless Communication Facilities.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Purpose and Intent: the purpose of this Chapter is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this Chapter are to:
A.
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
B.
Encourage the location of towers on municipally owned property where appropriate or in other nonresidential areas;
C.
Minimize the total number of towers throughout the Borough;
D.
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
E.
Encourage the use of existing buildings, telecommunication towers, light or utility poles and/or towers as opposed to construction of new telecommunication towers;
F.
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the Borough is minimal;
G.
Ensure that all telecommunication facilities, including towers, antennas and ancillary facilities are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
H.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
I.
Consider the public health and safety of telecommunication towers; and
J.
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these purposes, the Borough of Conshohocken shall give due consideration to the municipalities Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
2. ALTERNATIVE TOWER STRUCTURE ANCILLARY FACILITIES ANTENNA BACKHAUL NETWORK BUFFER AREA CARRIER COLLOCATION FAA FCC FALL ZONE FUNCTIONALLY EQUIVALENT SERVICES GUYED TOWER HEIGHT LATTICE TOWER MONOPOLE MOUNTA. B. C. PERSONAL WIRELESS SERVICE FACILITY PREEXISTING TOWERS AND PREEXISTING ANTENNAS RADIO FREQUENCY (RF) ENGINEER RADIO FREQUENCY RADIATION (RFR) STEALTH DESIGN TELECOMMUNICATION FACILITY TELECOMMUNICATIONS OR TRANSMISSION TOWER WIRELESS COMMUNICATIONS
Definitions: as used in this Section the following items shall have the meanings indicated:
Man-made trees, clock towers, bell steeples, flagpoles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required for operation of telecommunication systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.
Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
The Federal Aviation Administration.
The Federal Communications Commission.
The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
Cellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
A tower, which is supported or braced through the use of cables (guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
The type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
The structure or surface upon which antennas are mounted, including the following three types of mounts:
BUILDING-MOUNTMounted on the roof or the side of a building.
GROUND-MOUNTEDAntenna support (tower) mounted on the ground.
STRUCTURE-MOUNTEDMounted on or in a structure other than a building.
A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
Any tower or antenna which has been lawfully erected prior to the effective date of this Chapter, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
The emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHz to 300,000 MHz.
A telecommunication facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices including transmission towers, antennas and ancillary facilities. For purposes of this Section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunication facilities.
The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this Section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
Any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas, nor does it include non-cellular telephone service.
3.
Applicability.
A.
New Towers and Antennas. All new telecommunications towers or antennas in the Borough of Conshohocken shall be subject to these regulations.
B.
Preexisting Towers or Antennas. Preexisting telecommunications towers and preexisting antennas shall not be required to meet the requirements of this Chapter, other than the requirements of subsections (10) and (11), absent from any enlargement or structural modification or the addition of any antennas.
C.
District Height Limitations. The requirements set forth in this Chapter shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.
D.
Public Property. Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Conshohocken shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by Resolution of Borough Council. Said approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this Chapter.
E.
Amateur Radio Station Operators/Receive Only Antennas. This Chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.
F.
Satellite Dish Antennas. This Chapter shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.
4.
General Requirements.
A.
Principal or Accessory Use. Notwithstanding any other land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use otherwise, the use shall be considered accessory.
B.
Leased Area. For purposes of determining whether the installation of a tower or antenna complies with the zoning district in which it is located, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
C.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
D.
Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Borough of Conshohocken concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
E.
Collocation Required. The Borough of Conshohocken mandates that carriers collocate antennas on towers and other structures whenever possible. See subsection (7) for collocation requirements.
F.
Land Development Plan Required. Site plan approval shall be required for all new telecommunications facilities in the Borough of Conshohocken including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.
5.
Use Regulations.
A.
By Right. A wireless communication facility utilizing stealth design, as herein defined, which is entirely enclosed within an existing structure or proposed addition to an existing structure, provided that the said addition conforms to all applicable zoning regulations in the zoning district in which it is located, shall be permitted by right in the BC, LI, SP-1, SP-2, and SP-3 Districts.
B.
Conditional Use. A wireless telecommunications facility is permitted as conditional use in the L1, SP-1, SP-2, and SP-3 Zoning Districts.
C.
Conditional Use Standards. Wireless telecommunications facilities may be permitted on the above referenced lands, provided that:
(1)
The minimum lot size on which the telecommunications facility is to be located is at least one acre in area.
(2)
Lattice towers and any type of guyed tower are prohibited.
(3)
Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:
D.
Factors Considered in Granting Conditional Use Permits. In addition to the above standards, the approving board shall consider the following factors in determining whether to issue a conditional use permit:
(1)
Proximity of the tower to residential structures and residential district boundaries.
(2)
Nature of uses on adjacent and nearby properties.
(3)
Surrounding topography.
(4)
Surrounding tree coverage and foliage.
(5)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness including stealth designs which are encouraged.
(6)
Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures.
(7)
Availability of the proposed tower to other potential carriers.
6.
Site Design Standards.
A.
New Towers.
(1)
Telecommunications towers may not be located closer than 500 feet to any residential zone. Antennas located on preexisting buildings or structures are exempt from this requirement.
(2)
A new telecommunications tower may not be located within 1,500 feet of an existing telecommunications tower.
(3)
Fall Zone. A fall zone shall be established such that the tower is setback 100% of the height of the tower from any adjoining lot line or non-appurtenant building.
(4)
Security Fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anti-climbing measures.
(5)
Landscaping. The following requirements shall govern the landscaping surrounding towers:
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.
(b)
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
(6)
Ancillary Buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunication services located on the site. Such buildings must satisfy the minimum zoning district setback requirements.
(7)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(8)
Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the approving board as part of the site plan application:
(a)
The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building; and
(b)
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(9)
Signs/Advertising. No signs or advertising is permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) or by law, such as warning and equipment information signs.
B.
Antennas Mounted on Existing Structures or Rooftops.
(1)
Antennas on existing structures. Any antenna, which is not attached to a tower, may be attached to any existing business, industrial, office, utility or institutional structure in the LI, SP-1, SP-2, and SP-3 Zoning Districts, provided:
(a)
Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
(b)
The antenna complies with all applicable FCC and FAA regulations.
(c)
The antenna complies with all applicable building codes.
(d)
The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area. Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.
(2)
Aesthetics. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
C.
Antennas on Existing Towers. An antenna may be attached to a preexisting tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(1)
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.
(2)
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this Chapter.
(3)
On-site location.
7.
Collocation.
A.
The Borough of Conshohocken requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are standalone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:
(1)
A survey of all existing structures that may be feasible sites for collocating personal wireless service facilities;
(2)
Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the County;
(3)
Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation; and
(4)
A copy of a proposed lease or affidavit of compliance with this Section.
B.
In the event that collocation is found to be not technically feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Borough. The Borough may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The municipality may deny approval to an applicant that has not demonstrated a good faith effort to provide for collocation.
C.
If the applicant does intend to collocate or to permit collocation, plans and elevations, which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.
8.
Location Priorities. Wireless telecommunication facilities shall be located and approved in accordance with the following prioritized locations:
A.
The first priority shall be a wireless communications facility utilizing stealth design.
B.
The second priority shall be a location on an existing tower owned by a public or private utility within or near the Borough of Conshohocken.
C.
The third priority shall be a location on an existing building in the LI, SP-1, SP-2, and SP-3 Zoning Districts.
D.
The fourth priority shall be new towers on lands owned by the Borough in the LI, SP-1, SP-2, and SP-3 Zoning Districts.
E.
The fifth priority shall be new towers on lands not owned by the Borough in the LI, SP-1, SP-2, and SP-3 Zoning Districts.
9.
Site Plan Submission Requirements. In addition to the site plan submission requirements of the development regulations, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunication facilities:
A.
Comprehensive Service Plan: In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Borough of Conshohocken at the time full service is provided by the applicant throughout the municipality, the applicant shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the municipality and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunication services within the Borough of Conshohocken. The comprehensive service plan shall indicate the following:
(1)
Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Borough.
(2)
How the proposed location of the antennas relates to the location of any existing towers within and/or near the Borough.
(3)
How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Borough by both the applicant and by other providers of telecommunication services within the Borough of Conshohocken.
(4)
How the proposed location of the antennas relates to the objective of collocating the antennas of different service carriers on the same tower.
(5)
How the proposed location of the antennas relates to the overall objective of providing full telecommunication services within the Borough while, at the same time, limiting the number of towers to the fewest possible.
B.
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the Borough Council to be necessary to assess compliance with this Chapter.
C.
Legal description of the entire tract and leased parcel (if applicable).
D.
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
E.
The separation distance from other towers and antennas.
F.
A landscape plan showing specific landscape materials including, but not limited to, species type, and size, spacing and existing vegetation to be removed or retained.
G.
Method of fencing and finished color and, if applicable, the method of camouflage.
H.
A description of compliance with all applicable federal, state or local laws.
I.
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
J.
Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunication sites owned or operated by the applicant in the municipality.
K.
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
L.
A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five points within a three mile radius. Such points shall be chosen by the carrier with review and approval by the approving board or designee to ensure that various potential views are represented.
M.
An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
(1)
Take into consideration all collocated radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
(2)
Be performed by a RF engineer, health physicist or similar knowledgeable individual.
(3)
Follow current methods recommended by the FCC for performing such analyses.
10.
Monitoring and Maintenance.
A.
After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radio frequency standards section of this Chapter.
B.
The applicant and co-applicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.
11.
Abandonment or Discontinuation of Use.
A.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Municipal Clerk by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.
B.
Upon abandonment or discontinuation of use, at the option of the municipality, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not limited to:
(1)
Removal of antennas, mount, equipment shelters and security barriers for the subject property.
(2)
Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.
(3)
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
C.
If a carrier fails to remove a personal wireless service facility in accordance with this Section, the municipality shall have the authority to enter the subject property and physically remove the facility. The approving board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the municipality must remove the facility.
§ 27-815 Kennels.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Kennels are permitted in the SP-3 District and are subject to the following provisions:
A.
A minimum lot size of 25,000 square feet shall be provided.
B.
No animal shelter or run shall be permitted within 50 feet of any property line or 80 feet of any building.
C.
A total screen buffer shall be provided along property boundaries to control noise and odor.
D.
The total number of dogs shall not exceed 10 per acre, excluding dogs under six months old.
§ 27-816 Public Utilities.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
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 with 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 Part 6 of this Chapter. 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. Cellular communication equipment and facilities are not included under this Section. They are regulated separately in § 27-814.
§ 27-817 Performance Standards.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Unless otherwise noted, the following performance standards apply to all uses in all districts in the Borough.
A.
Control of Smoke.
(1)
No smoke shall be emitted from any chimney or other source, which shall be a visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines.
(2)
Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute time period.
(3)
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity.
B.
Control of Dust and Dirt, Fly Ash, and Fumes, Vapors and Gases.
(1)
No emission shall be made which can cause any damage to health of persons, animals, vegetation, or other property, or which can cause any excessive soiling at any point.
(2)
No emission of liquid or solid particles in gases resulting from combustion shall be permitted. Standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
C.
Control of Glare or Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
D.
Control of Noise. At no point on the boundary of the adjoining property shall the sound pressure level of any operation exceed the described levels in the designated octave bands shown below for the districts indicated.
Octave Band in Cycles Per Second | Along District Boundaries Maximum Permitted Sound Level in Decibels | At Any Other Point On the Lot Boundary Maximum Permitted Sound Level in Decibels | |
|---|---|---|---|
0 to 75 | 72 | 79 | |
75 to 150 | 67 | 74 | |
150 to 300 | 59 | 66 | |
300 to 600 | 62 | 59 | |
600 to 1,200 | 46 | 53 | |
1,200 to 2,400 | 40 | 47 | |
2,400 to 4,800 | 34 | 41 | |
Above 4,800 | 32 | 39 |
E.
Control of Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive along a lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system shall fail. There is hereby established as a guide in determining such quantities of offensive odors Table 111 (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951, by Manufacturing Chemist Association, Inc., Washington, DC, or latest revised edition of same.
F.
Control of Vibration. No vibration shall be permitted which is perceptible without instruments at any point beyond the lot line.
G.
Control of Radioactivity or Electrical Disturbances. There shall be no activities, which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbances.
H.
Outdoor Storage and Waste Disposal.
(1)
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
(2)
All outdoor storage facilities for fuel, raw materials and products and all fuel; and all raw materials and products stored outdoors shall be enclosed by solid walls, opaque fences or evergreen planting screen adequate to completely conceal the facilities from any abutting properties.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
(4)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors in closed containers.
I.
Electric, Diesel, Gas or Other Power. Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry and shall be so constructed, installed, etc., to be an integral part of the architectural features of the plant, or if visible from abutting residential properties shall be concealed by coniferous planting.
J.
Sewage or Industrial Waste. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste treatment and disposal except as shall be approved by Sanitary Engineers or other qualified persons employed by the Borough at the expense of the owner of the premises. Where the sanitary sewers of the Sewer Authority are involved, approval of the Authority Board shall be required.
§ 27-818 Water Supply and Sewage Disposal.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
All development in the Borough shall be served by public water supply and sewage disposal facilities.
§ 27-819 Private Ownership and Maintenance of Common Elements.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Common elements including, but not limited to, open space, recreation, sewer, water, and stormwater management facilities which will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Borough Council, upon recommendation of the Borough Solicitor. Such private ownership may include, but is not limited to, corporate, individual, condominium, landlord, or fee-simple home or landowners' associations, and shall be governed by the following:
B.
Perpetual maintenance shall be guaranteed by trust indenture or similar instrument, which:
(1)
Shall be recorded with the Recorder of Deeds of Montgomery County simultaneously with the recording of the final plan.
(2)
Shall restrict the common elements by deed restrictions granting the Borough the right to enforce the restrictions.
(3)
Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before formation of a homeowners' association.
(b)
Adjustment of association fees to account for inflation.
(c)
A reserve fund to cover capital improvements and/or unforeseen major maintenance requirements.
(d)
Funds for professional management.
(4)
Shall authorize the Borough to access and maintain the common elements and assess the private ownership accordingly if private ownership fails to function as required in the private agreements. This shall include, but need not be limited to:
(a)
Failure to clear streets and parking areas of snow.
(b)
Failure to maintain stormwater control facilities.
(c)
Failure to correct any hazardous conditions.
(d)
Failure to perform, abide by, and complete any duties, obligations, or requirements as set forth in the private agreements and/or the final land development agreement and plan approval of the Borough Council.
§ 27-820 Refuse Collection Facilities.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
In all zoning districts, multifamily, commercial, industrial, or office uses refuse collection facilities must be provided by the applicant, either inside the building(s) or within an area enclosed by either walls or opaque fencing, according to the following provisions:
A.
These facilities shall be architecturally compatible with the building(s).
B.
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.
C.
These facilities shall be designed in a manner that can accommodate large collection trucks.
D.
Landscaping is required around these facilities.
E.
Refuse facilities attached to or within buildings shall be subject to the same building setbacks as the buildings.
F.
Refuse facilities detached from buildings shall be subject to the setback of 10 feet from all property lines.
§ 27-821 Lighting.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
No lighting of private property shall be permitted that shall cause a hazard or a nuisance to abutting roads and properties, according to the following regulations:
A.
When lighting is observed to be a potential hazard or nuisance regarding public roads, the Borough Zoning Officer shall make a determination as to the need to relocate, diminish, re-orient, or remove the light fixtures in question, upon recommendation of the Borough Engineer. The determination shall be made mainly in terms of the effect of the lighting on traffic safety, such as from glare or brightness interfering with a driver's ability to see and drive safely.
B.
The Zoning Officer shall report to the Borough Council, which shall then direct the person(s) responsible for the lighting to correct the problem.
C.
If the problem is not corrected within 30 days of written notification from the Borough Council, the Council may correct the problem at the expense of the person(s) responsible for the lighting.
D.
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:
(1)
No light shall shine directly into the windows of a building on an abutting property.
(2)
No light shall shine directly onto the ground or improvements thereon of an abutting property, however:
(3)
If the Zoning Officer reports an adverse effect of lighting on an abutting property to the Borough Council, then the Council shall act to have the problem corrected as above.
E.
In the case of new exterior lighting associated with a proposed subdivision or land development, said application must be accompanied by a lighting plan indicating the location, mounting height, fixture type, wattage and isolux diagram (plotted on the site plan) for all proposed light fixtures. Adequate illumination must be provided for all pedestrian circulation routes, vehicular access points and access ways and building entrances. All proposed lighting shall be pedestrian-oriented, downward directed and shall have a mounting height not exceeding 15 feet. In no case may exterior lighting levels excess 0.25 footcandles at a lot line abutting a residential property or district.
§ 27-822 Parking of Commercial Vehicles in Residential District.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Routine parking of not more than two commercially registered vehicles with not more than four axles each, which are used regularly or frequently for business purposes, shall be permitted in residential districts. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in any residential district.
§ 27-823 Group Homes.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Group homes shall be permitted by special exception in the RO, BR-1, and BR-2 Zoning Districts, subject to the additional requirements below:
A.
In place of the off-street parking requirements for residential units, all group homes shall have one off-street parking space for each resident staff member. Also, one off-street parking space shall be provided for every five handicapped residents.
B.
No off-street parking spaces shall be located in the area between the front wall of the principal structure and the curb of the street toward which that wall is oriented.
C.
All group homes will conform to the type and outward appearance of the residences in the area in which they are located. This provision shall in no way restrict the installation of any ramp or other special features required to serve handicapped residents.
D.
Any medical or counseling services provided shall be done only for the residents of the group home.
§ 27-824 Traffic Impact Study.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Intent. A Traffic Impact Study is intended to enable the Borough to assess the traffic impacts of a proposal. Specifically, its purpose is to:
A.
Identify any traffic problems that may be created in the existing highway network as a result of the proposal.
B.
Delineate solutions to potential problems and to present improvements to be incorporated into the proposal or into the highway and/or public transit systems within the study area.
C.
Assist in the protection of air quality and the conservation of energy, and to encourage the use of public transit where available.
2.
Preparation of Study. The Traffic Impact Study shall be prepared by a qualified traffic engineer and/or transportation planner in accordance with accepted traffic-engineering standards, with the cost borne by the applicant. The traffic study shall include sufficient information to assess the impact of the proposed development on all roads within a half-mile radius of the tract being developed. The study must demonstrate that the proposed development will not adversely affect traffic circulation in surrounding areas, or else identify any traffic problems that might be caused or aggravated by the use, and delineate solutions to those problems. Based on the findings of the study, Borough Council may require improvements, which will alleviate hazardous or congested situations, as a condition for approval.
3.
Applicability.
A.
A Traffic Impact Study shall be submitted with all developments with 30,000 or more square feet of building floor area, and all subdivisions of 30 or more dwelling units.
(1)
Proposals that would not be required to produce a traffic impact study by reason of size, above, must produce a study if the expected number of trips generated per day exceeds 300.
(2)
The anticipated number of trips per day shall be determined through the use of the most recent addition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. The proposed use or development shall be identified using the appropriate ITE land use code. Where doubt exists, the applicant shall seek guidance from the Borough Engineer.
B.
An application, which requires a Traffic Impact Study, shall not be considered complete until the Traffic Impact Study is submitted to the appropriate review body in accordance with the provisions of this Section.
C.
The appropriate review body, at its discretion, may require any other subdivision, land development, zoning change, special exception or conditional use application to be accompanied by a traffic impact study.
D.
The Borough Council may waive the requirement for a Traffic Impact Study where, in the opinion of the Borough Council in consultation with the Borough Zoning Officer, planner and Engineer, it is determined that; the proposal is not expected to create a significant traffic impact.
§ 27-825 Residential Conversions.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The Zoning Hearing Board may grant a special exception for the conversion of any existing single-family detached dwelling into no more than two additional dwelling units, subject to the provisions of Part 6 of this Chapter and the following restrictions:
A.
Minimum Unit Size. The size of each existing or newly created dwelling unit shall be a minimum of 400 square feet plus 100 square feet for each bedroom. For example:
Number of Bedrooms in Unit | Minimum Square Footage Required Per Unit | |
|---|---|---|
0 (Efficiency) | 400 | |
1 | 500 | |
2 | 600 |
B.
Number of Units Permitted.
(1)
Minimum Lot Size. In order to qualify for residential conversion, the existing dwelling unit must be located on a parcel with sufficient gross area to provide:
(2)
Total Units. Regardless of the size or number of existing dwelling units, the total number dwelling units on any one parcel after conversion shall not exceed three.
(3)
Restriction from Development. Within 30 days of having obtained a use and occupancy permit for any conversion unit(s), the applicant shall record with the Montgomery County Recorder of Deeds deed restrictions, easements, or private covenants which shall be acceptable to the Borough Solicitor for the purpose of permanently restricting from further subdivision or land development the land area required by this Section.
C.
Location. Conversion of an existing single-family detached dwelling shall be a permitted use in any zoning district.
D.
General Standards.
(1)
There shall be no external alteration of the building except as may be necessary for reasons of safety or improved design for otherwise permitted units. Any alterations shall reflect the architectural character of the existing building. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
(2)
Each dwelling unit shall have two direct means of access to the outdoors or to a hall which directly accesses the outdoors.
(3)
All residential conversions shall comply with the off-street parking requirements of Part 20 of this Chapter. All dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit.
(4)
All dwelling units shall be provided with smoke detectors and fire extinguishers. A dwelling unit located at or above the second story of a converted structure must have a fire escape.
§ 27-826 Procedure for Conditional Use Application.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
An application for any conditional use as specified in the various Parts of this Chapter shall be considered by the Borough Council according to the following procedure:
A.
Application.
(1)
The application shall be submitted in writing to the Borough Council.
(2)
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of this Chapter; a tentative sketch plan of the proposed development shall be included.
(3)
If necessary, the Borough Council shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review, and other copies to agencies and/or technical consultants whose review may be relevant.
B.
Public Hearing.
(1)
The Borough Council shall schedule a public hearing thereon within 60 days of the application date, to consider the proposal, render a verbal decision within 45 days of the application date or 15 days from the close of the last hearing, whichever is later, and notify the applicant in writing within five days after the verbal decision.
(2)
The Borough Council shall consider the comments and recommendations of the Montgomery County Planning Commissions, other advisors, and those present at the public hearing prior to deciding to approve or deny the proposed use, and any conditions to be imposed upon approval.
(3)
The applicant shall demonstrate at the public hearing that the proposed use shall not be contrary to the public health, safety, and welfare of the community. In particular, the applicant shall demonstrate the adequacy of the proposed vehicular circulation system and other roadway improvements, pedestrian circulation system, utilities, buffering and screening, and protection of natural resources.
(4)
The time limits in this Section may be waived by the applicant as necessary.
C.
Expiration. Unless otherwise specified by Borough Council, a conditional use shall expire if the applicant fails to obtain any and all permits within one year of the date of approval.
[Added by Ord. No. 09-2022, 4/20/2022]
§ 27-827 Effect of Private Covenants.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land, and which restrictions are not prohibited by or are not contrary to the regulations herein established.
§ 27-828 Buildings on Alley Lots.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
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.
§ 27-829 Conshohocken Design Review Board.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
A Design Review Board is hereby established for the purpose of reviewing the design, scale, appearance and configuration of new structures proposed in the Borough and expansion and additions to existing buildings, which qualify as land developments as herein defined. The Design Review Board is constituted as an advisory body to the Planning Commission and Borough Council. The Zoning Hearing Board may also request the Design Review Board to provide advice on matters before it.
A.
Board Membership. The Design Review Board shall be composed of seven members as indicated below:
(1)
One member of Borough Council.
(2)
One member of the Planning Commission.
(3)
One member who shall be a design profession, including an architect planner, landscape architect or interior designer.
(4)
Two additional appointees of Borough Council.
(5)
One member who shall be the Borough Zoning Officer.
(6)
One member who shall be the Borough Planner.
B.
Duties. The Design Review Board shall review proposals to determine the following:
(1)
The extent to which the proposal conforms to the Conshohocken Borough Facade Improvement Guidelines.
(2)
The extent to which the character, scale, and the quality of design, including but not limited to layout, orientation and location of buildings, open space and topography, and pedestrian and vehicular circulation, is complimentary to existing built environment and supports excellence in urban design.
(3)
The extent to which the proposal contributes to the historic, urban and pedestrian character (including pedestrian linkages to other areas of the Borough) of the Borough.
(4)
The extent to which the proposal incorporates building materials of high quality and durability.
(5)
The extent to which the proposal incorporates plantings and hardscapes of high quality and supports excellence in landscape design.
(6)
The extent to which site design details, such as signage and accessory structures are complimentary to the design of principal buildings.
(7)
The extent to which the proposal supports the public health, safety and welfare of residents and visitors to the Borough.
C.
Procedures. The following procedures shall govern the functions of the Design Review Board:
(1)
For any development proposal subject to review by the Design Review Board, the applicant shall forward to the Borough, at the time of submission to the Planning Commission, an additional five copies of the complete development application in addition to the number required for Planning Commission Review.
(2)
The Design Review Board may meet to review the proposal simultaneous to or subsequent to Planning Commission review, but said review must occur prior to consideration by Borough Council.
(3)
The Design Review Board shall have 60 days to meet and report its findings; measured from the date the application is deemed complete by the Planning Commission. In the event that the 45 days has elapsed and the Review Board has not reported its findings to Borough Council, and the applicant has not granted an extension of time, the applicant may request a hearing by Council.
(4)
A copy of the Design Review Board's written recommendations shall be forwarded to the Planning Commission and Borough Council.
(5)
The Design Review Board shall appoint its own officers, including the following: a chairperson, a vice-chairperson and a secretary. The secretary of the Design Review Board shall be responsible for recording the recommendations of the Board.
§ 27-830 Decks.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Decks as herein defined shall be permitted to be constructed at or to the rear of a dwelling. Any deck proposed to be attached to the side of a dwelling or rear deck proposed to extend or "wrap around" the side of a dwelling, shall require the review and approval of the Zoning Hearing Board. Decks constructed at the front of a dwelling are expressly prohibited. Decks may be constructed only at ground level or first floor of a dwelling.
§ 27-831 No-Impact Home-Based Businesses.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1. NO-IMPACT HOME-BASED BUSINESSES
Definitions of Terms. As used in this Section, the following terms shall have the meanings indicated:
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery ore removal functions to or from the premises, in excess of those normally associated with residential use.
2.
Permitted Activity and Requirements: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.