Jenkintown City Zoning Code
ARTICLE IV
TR Traditional Residential Infill Overlay District
§ 181-8 Purpose and intent.
It is the intent of this article, as authorized by Article VII-A of the Pennsylvania Municipalities Planning Code, to establish design criteria and a process for design review applicable to Jenkintown Borough's A, B, B-1, C and C-1 Residence Districts, established and regulated pursuant to Article III, Establishment of Districts and Maps; Interpretations, of this chapter, which will ensure that future residential infill development recognizes the design challenges inherent in developing successful residential projects in established traditional neighborhoods and to ensure that such new development is consistent in character, location and scale with adjacent dwellings. The specific objectives are as follows:
A.
Promote neighborhood preservation and enhancement.
B.
Protect housing values.
C.
Ensure that infill development reinforces the existing community character and respects the neighborhood pattern, including the type of residential dwellings, orientation, scale (i.e., height, mass, etc.) and design.
D.
Provide for flexibility of dimensional standards to ensure a more consistent neighborhood character.
E.
Provide design standards that promote compatibility between new and existing residential development.
F.
Allow for flexibility with regard to accessory uses/structures and additions that will enable expanded use of individual property without compromising adjacent properties.
§ 181-9 Applicability.
The requirements of the Traditional Residential Infill Overlay District shall apply to all residential dwellings located in the underlying A, B, B-1, C and C-1 Zoning Districts.
§ 181-10 Permitted uses.
A building may be erected, altered or used and a lot may be used for any of the following purposes and no other, provided that, when a new dwelling is proposed to be constructed on a particular lot, the permitted dwelling type shall be the same as the reference dwellings adjacent to the subject property on either side, across the street, and to the rear. When the reference dwellings are not of the same type or where one or both lots are not of a permitted type or use, the prevailing dwelling type of the block shall be used. When the lot to be developed is a corner property, the reference dwelling shall be that dwelling facing the same street as the proposed dwelling.
A.
Single-family detached dwelling.
B.
Attached dwelling/townhome.
C.
Single-family semidetached dwelling/twin.
D.
Two-family detached dwelling/duplex.
F.
Municipal uses, including recreational uses.
G.
No-impact home-based businesses, in accordance with the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
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.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not include any illegal activity.
H.
Low-impact home-based business.
(1)
Permitted only in the C and C-1 Districts.
(2)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(3)
The business shall employ no employees other than family members residing in the dwelling.
(4)
There shall be no display or sale of retail goods.
(5)
Parking, signs or lights are permitted as appropriate and pursuant to the codes and ordinances of Jenkintown Borough. Visitor parking shall meet the parking standards in § 181-13C. Exterior lighting shall be designed to be sufficient for security and identification of the property without allowing light to trespass onto adjacent sites. Signage shall conform to the standards of Article XXI, Signs, of this chapter.
(6)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(7)
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.
(8)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(9)
The business may not include any illegal activity.
(10)
There shall be no more than one commercial visit per hour and a maximum of four commercial visits to the premises per day, with all visits falling between the hours of 9:00 a.m. and 9:00 p.m. Commercial visits include customer visits and service or package deliveries.
§ 181-11 Prohibited uses.
§ 181-12 Dimensional standards.
The applicant may choose one of two options:
B.
Option B: To adhere to the following contextual dimensional standards and the design standards in § 181-13. Under no circumstances shall the applicant choose standards from both Option A and B. If choosing Option B, the applicant is permitted to obtain existing conditions information for adjacent properties through various resources, to include but not be limited to Montgomery County Board of Assessment Data, Geographic Information Systems (GIS) data, and on-site calculations. When a new dwelling is proposed to be constructed on a particular lot, the dimensional requirements shall be within the range of the existing standards of reference dwellings adjacent to the subject property. For these purposes, adjacent dwellings include those on either side, across the street, and to the rear, as described in § 181-4, Definitions and word usage.
(1)
Lot area. Lot area shall be within the range of the existing lot areas of the adjacent dwellings. In no case shall a lot size be less than 2,500 square feet for a single-family detached dwelling and 1,500 square feet for single-family semidetached and attached dwellings.
(2)
Lot width. Lot width shall be within the range of the existing lot widths of the adjacent dwellings. In no case shall a lot width be less than 50 feet for a single-family detached dwelling and 26 feet for single-family semidetached and attached dwellings.
(3)
Yards. Front, side and rear yards shall be provided on each lot, as follows:
(a)
Front yard: a front yard on each street on which the lot abuts, to be within the range of the existing front yard setbacks of the adjacent dwellings. In no case shall the front yard setback be less than 15 feet.
(b)
Side yard: to be within the range of the existing side yard setbacks of the adjacent dwellings. In no case shall the individual side yard setbacks be less than eight feet.
(c)
Rear yard: to be within the range of the existing rear yard setbacks of the adjacent dwellings. In no case shall the rear yard setback be less than 25 feet.
(4)
Building coverage. The building coverage of new residential dwellings shall be within the range of the two adjacent dwellings.
(5)
Height. New dwellings shall be within the range of heights of the adjacent dwellings. In no instance shall new dwellings be less than two stories in height nor shall they exceed a maximum of 50 feet, provided that, for every additional foot in height over 40 feet, the minimum required side yard setback is increased by one foot.
§ 181-13 Design standards.
[Amended 4-23-2012 by Ord. No. 5-2012]
All residential development subject to this Article IV, regardless of whether Option A or Option B from § 181-12, Dimensional standards, is used, shall be of a compatible design with residences located on the same block and shall follow the below standards:
A.
Scale and proportion.
(1)
The scale and proportion of new dwellings shall reflect and be sympathetic to those around them.
(2)
The design and appearance of proposed residential dwellings shall appear similar to those of dwellings existing on the block.
(3)
Building materials shall be made of brick, stone or other materials that are similar and otherwise in common with other residential dwellings located on the same block, reflecting the local identity and providing a unifying effect.
(4)
Building materials shall be consistently carried out on all four sides of the dwelling.
(5)
Roof style (e.g., gable, hip, gambrel, etc.) shall be consistent with the prevailing style of the block and shall include dormers where applicable.
B.
Entrances/windows and front porches.
(1)
All dwellings shall have at least one primary entrance in the front facade and shall be oriented toward the primary street. Where no primary street exists, the dwelling may be positioned so as to be facing either street.
(2)
Window openings that are similar in size, proportion, shape, arrangement and location to those seen traditionally on the block shall be incorporated into new dwellings.
(3)
On a block where there is a prevailing pattern of front porches for existing dwellings, new dwellings shall have a front porch.
(4)
All porches shall be consistent with the style of the proposed dwelling and the neighborhood.
C.
Vehicular access/garages.
(1)
New dwellings shall provide for vehicle access and parking (location of garage) consistent with the prevailing means of access and location of garages on the block, provided it meets the criteria of this section, as applicable. Where alleys exist, new dwellings shall take access from the alley.
(2)
Garages shall not dominate the front facade of the dwelling. Where a garage is front-entry, it shall be set back a minimum of 10 feet from the front facade of the dwelling.
(3)
Garages shall be similar to the dwelling in terms of design, materials and color.
(4)
Surface parking shall not be provided in front of the primary facade of the dwelling. Where surface parking without a garage (e.g., driveway) is common to a block, the parking area for a new dwelling shall be located:
D.
Residential additions.
(1)
An addition shall be set back from any primary, character-defining facade. When feasible, an addition should be constructed to the rear of the dwelling, allowing the original structure and character to remain prominent. No additions shall be located at the front of a structure. All setbacks shall be maintained.
(2)
An addition shall be compatible in scale, materials and character with the primary dwelling.
(3)
The roof form of a new residential addition shall be in character with that of the primary dwelling.
(4)
New additions shall respect the original architecture and not be of a style different than that of the original structure.
E.
Residential lighting. All exterior lighting shall be designed to prevent glare onto adjacent properties. Lighting should be sufficient for security and identification without allowing light to trespass onto adjacent sites.
§ 181-14 Design review process.
A.
Applicability. The designated reviewer (hereafter, the “reviewing body”), as established by the Borough Council and as authorized by Article VII-A of the Municipalities Planning Code, shall have authority to review all applications submitted to the Borough for the following, subject to the design standards set forth in § 181-13:
[Amended 4-23-2012 by Ord. No. 5-2012]
(1)
Construction of new dwellings.
(2)
Additions and alterations which increase or decrease the size of the building by at least 20% of the dwelling's footprint.
(3)
Modification of the exterior design features of an existing dwelling which involves a change in the exterior materials in existence on such dwelling. "Modification of the exterior design features," as used herein, includes but is not limited to the addition, deletion or modification of surface materials (masonry, wood, brick, stucco), windows, doors, porches, porticos, chimneys, cornices, etc., that result in a change to the actual structure of the dwelling.
(4)
Design review is not required for repainting of surfaces or the repair, restoration or reconstruction of exterior design features where such work matches the original construction in material and detail and such work maintains the outer dimensions and surface relationships of the existing structure. Design review is not required for the replacement of doors, windows or other transparent surfaces that currently exist, provided windows and transparent surfaces are not replaced with nontransparent materials and the surface area of the replacement door, window or other transparent surface does not exceed the dimensions of the existing feature by more than 10%.
B.
Application process.
(1)
Land development required. For projects subject to land development review, all applications before the reviewing body shall be submitted at the time of the land development application and follow the approval process outlined in the Subdivision and Land Development Ordinance of the Borough.[1] All applications must also be submitted in writing to the reviewing body, which shall review the proposal and submit written comments to the applicant and the Borough Code Enforcement Officer within 30 days of receipt of such application.
(2)
Land development not required. When a land development is not required, the applicant must submit the applications to the reviewing body 45 days prior to the submission of the zoning application and/or building permit. All applications must be submitted in writing to the reviewing body, which shall review the proposal and submit written comments to the applicant and the Borough Code Enforcement Officer within 30 days of receipt of such application. Prior to submission of the final application to the Borough Code Enforcement Officer, the applicant shall consider the recommendations of the Design Review Board (the "reviewing body") and shall include revisions and/or responses in the final application.
(3)
The written application required by this article shall be accompanied by the following data where applicable:
(b)
Building design, including:
[1]
The elevation of each residential dwelling, which shall include all sides of a new dwelling or all sides to be impacted by a proposed addition. The elevations must indicate the natural color of materials to be applied, including the colors of any paint or manufactured product on the exterior buildings, walls or addition.
[2]
The type and finish of all materials to be applied to the exterior surface of the building, walls or addition.
C.
Approval process.
(1)
For all proposed residential dwellings and/or residential land development applications, the Borough Council or, as appropriate, the Borough Code Enforcement Officer shall render a written decision on the application within the time requirements set forth in Article V of the Municipalities Planning Code, 53 P.S. § 10501 et seq.
(2)
The Borough Council or, as appropriate, the Borough Code Enforcement Officer shall consider comments and recommendations of the reviewing body prior to approving or denying the proposal.
(3)
Where the Borough Council or the Borough Code Enforcement Officer fails to render a decision within the period required by Article V of the Municipalities Planning Code, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time.
(4)
Approval of the proposal shall expire two years after the date of approval by the Borough Council or the Borough Code Enforcement Officer or the signing of the development plan, whichever is later, if the applicant fails to obtain a building permit, use and occupancy permit, or other applicable permit, unless the Borough Council or Borough Code Enforcement Officer has agreed, in writing or on the record, to an extension of time.