Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XXI
Miscellaneous Provisions
§ 230-141 Public utility corporations.
[Amended 2-28-2005 by Ord. No. 04-190Z]
This chapter shall not apply to any existing or proposed building or extension thereof or to any land used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation or use of the buildings or land in question is reasonably necessary for the convenience or welfare of the public. Aboveground structures and buildings shall be located to avoid adverse impacts on natural features such as floodplains, wetlands, steep slopes, mature vegetation and historic buildings and provide a screen buffer along the property boundaries adjacent to residential, institutional and park and recreational uses. Montgomery Township acknowledges the PUC has jurisdiction. However, every effort should be made to avoid residential districts and to comply with all applicable zoning regulations.
§ 230-142 Location of filling station equipment.
A pump, light standard, air tower, water outlet or similar installation of a gasoline filling station may be placed within the required front yard but in no case closer to the front lot line than 15 feet, unless otherwise specified in the district regulations.
§ 230-143 Reduction of lot.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 230-144 Modification of front yard requirements.
A.
Where an unimproved lot is situated between two improved lots having on each a principal building within 25 feet of the side boundary line of such unimproved lot, which extends into the required front yard of each such improved lot and has been so maintained since the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
B.
Where an unimproved lot adjoins only one improved lot having a principal building thereon within 25 feet of the common side lot line, which extends into the required front yard of such improved lot and has been so maintained since the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district.
§ 230-145 Dwellings in industrial districts.
One single-family detached dwelling may be erected and used on any lot located in any Limited Industrial District or Heavy Industrial District which is unimproved and held in single and separate ownership at the effective date of this chapter, if permitted by and subject to the zoning regulations applicable to such lot immediately prior to the effective date of this chapter, and such lot shall then be used only for such dwelling purposes and accessory uses customarily incidental thereto. Yard requirements shall conform to R-1 Residential Districts herein.
§ 230-146 Projections into required yards.
No building and no part of a building shall be erected within or shall project into or over any required yard in any district.
§ 230-147 Corner vision obstructions.
On any corner lot, no wall, fence, sign or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which, in the opinion of the Township Supervisors, may cause danger to traffic on a street by obscuring the view.
§ 230-148 Fences and walls.
[Amended 9-21-1992 by Ord. No. 92-3Z; 11-28-1994 by Ord. No. 94-42; 3-24-2025 by Ord. No. 25-347Z]
Fences and walls, as defined in Article II, § 230-5, of this chapter, shall conform to the following criteria and standards:
A.
Fence orientation. The posts or vertical supports of fences shall be oriented or placed on the side of the fence facing the lot in which the fence is located. The more attractive side of the fence shall face outward from the lot in which the fence is located. Fences shall be installed and maintained so that they are straight and do not sag or lean over the property outward from the lot on which the fence is located. Fences shall not be painted bizarre colors, or combinations thereof, or inscribed with offensive designs on the outward side from the lot on which they are located.
B.
Boundary fences and walls.
(1)
Location. Boundary fences and walls shall be located within five feet of the property line; they should be located as close as possible to, but not on, the property line.
(2)
For residential uses or zones:
(a)
In front yards, boundary fences and walls shall not be permitted unless the front yard abuts a major street, as defined in the Township's Subdivision Ordinance (Chapter 205). In such cases, boundary fences and walls shall be a maximum of four feet in height.
(b)
In rear and side yards, boundary fences and walls shall be a maximum height of six feet.
(c)
For corner lots, side yard boundary fences shall be a maximum of four feet high and designed to be non-opaque structures. Fences which are located a minimum of 15 feet back from the ultimate right-of-way or immediately adjoin another residential lot may be a maximum of six feet high and may be opaque. No fence higher than four feet shall be permitted in a front yard. All fences must meet the sight distance criteria in Article XXI, § 230-148J.
(3)
For nonresidential uses or zones:
(a)
In front yards, boundary fences and walls shall be a maximum height of six feet and be designed as a non-opaque structure.
(b)
In rear and side yards, boundary fences and walls shall be a maximum height of eight feet.
(c)
For corner lots, side yard boundary fences shall be a maximum height of six feet and be designed as a non-opaque structure, except for fences which immediately adjoin another nonresidential lot, in which case such fences shall be a maximum height of eight feet. All fences must meet the sight distance criteria in Article XXI, § 230-148J.
(4)
The above-noted height requirements shall apply unless otherwise noted for a specific use.
C.
Decorative fences and walls. Decorative fences and walls may be located anywhere within a parcel and shall have a maximum height of three feet. Examples of decorative fences and walls include picket fences, stone walls and iron fences.
D.
Privacy fences. Privacy fences shall be located within the building envelope of a residential lot. The maximum height of privacy fences shall be six feet. Privacy fences shall not be located in the front yard. With the exception of where a privacy fence is attached to a structure, privacy fences shall be set back a minimum of five feet from any structure so as to not create an impediment to fire protection services or services for any other life-threatening emergency. Where such fences are attached to a structure, there shall be at least one access gate, of no less than three feet in width, for rapid access to the yard enclosed by the fence.
E.
Protective fences. Protective fences shall be permitted to enclose commercial or industrial storage areas or yards which for reasons of public safety warrant enclosure. Protective fences may be located anywhere within the side and/or rear yard of commercial or industrial parcels, provided that these areas require the enclosure of a nuisance, storage area or yard equipment. The maximum height of protective fences shall be eight feet.
F.
Temporary fence. The time duration for temporary fences shall be established by the Zoning Officer in the building permit. Temporary fences shall be constructed with roll-up woven wire, rolled plastic fencing material or woodlath material, with a maximum height of six feet.
G.
Prohibited uses of fences and walls. The following uses of fences and walls shall be prohibited:
(1)
Fences and walls shall not be located within floodplain areas and/or wetlands.
(2)
Fences and walls shall not interfere with stormwater flow or natural water flow.
(3)
Electric fences and walls shall be prohibited for all uses with the exception of agricultural uses.
(4)
Barbed wire or razor fences and walls shall be prohibited for all uses with the exception of industrial and agricultural uses.
(5)
Fences and walls with sharp protrusions, such as broken glass or spikes, are prohibited.
H.
Fences with utility, stormwater and/or access easements shall be discouraged. Any landowner requesting such a fence must first execute a fence easement agreement with the Township and demonstrate that such fence meets all requirements of the easement's restrictions. Such fences shall be designed to be taken down easily.
I.
Fences shall be considered a non-opaque structure when the through visibility at right angles to any surface of the fence has not been reduced by more than 50% by fence construction.
J.
Sight distance. At all intersections of streets, there shall be measured along the center line a minimum clear sight triangle of 75 feet from the point of intersection. Any fences that fall within the clear sight triangle shall be a maximum of three feet in height above the curb level.
§ 230-149 Accessory uses.
A.
Accessory uses authorized in this chapter shall include those specifically stated herein and those similar uses thereto
[Amended 7-24-1989 by Ord. No. 17-058; 4-12-1993 by Ord. No. 93-8Z; 3-27-2000 by Ord. No. 00-121Z; 3-10-2003 by Ord. No. 03-166Z; 5-27-2003 by Ord. No. 03-169ZS; 11-12-2007 by Ord. No. 07-220Z]
(1)
Uses accessory to agriculture. Direct commercial sales of agricultural commodities are permitted upon property owned and operated by a landowner who produces not less than 50% of the commodities sold and shall be authorized notwithstanding municipal ordinance, public nuisance or zoning prohibitions. Such direct sales shall be authorized without regard to the fifty-percent limitation under circumstances of crop failure due to reasons beyond the control of the landowner. The location of buildings and structures involved with the sale of agricultural commodities shall comply with all yard, setback and height requirements of the district in which located.
[Amended 12-17-2007 by Ord. No. 07-226Z]
(2)
Uses accessory to dwelling.
(a)
Uses accessory to a dwelling shall be as follows:
[1]
Private garage; private stable; barn; shelter for pets.
[2]
Private greenhouse; private swimming pool.
[3]
Living quarters for a household caretaker within the dwelling.
[4]
Home occupations are permitted in any residence as an accessory use in compliance with the standards of this section, as well as all other applicable Township, state and federal regulations.
[a]
Home occupations shall be divided into two classes and regulated as follows:
[i]
Minor home occupations, including no-impact home-based businesses conducting a lawful occupation or business activity which is conducted in whole or in part by a resident from his/her primary residences. These uses are permitted by right in all residential dwellings, limited to one per dwelling unit, in compliance with the following requirements:
[Amended 6-22-2009 by Ord. No. 09-239Z]
[A]
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
[B]
The business may employ not more than one nonresident employee. All other employees shall be 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.
[ii]
Major home occupations.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[A]
There shall be no more than one business with up to a total of three employees working at the dwelling at any time who are not a resident of the dwelling. The business shall only be conducted by a resident from his/her primary residence.
[B]
Major home occupations are only permitted by special exception and only permitted if the residence fronts on and has direct access to one of the following streets: Bethlehem Pike, Welsh Road, DeKalb Pike, Upper State Road, Horsham Road, Cowpath Road, Doylestown Road, North Wales Road, Lansdale Avenue, Line Street, County Line Road and Limekiln Pike. In the case of properties having frontage and being located at the corner of one of the streets listed above and any other street, such properties are still eligible for special exception so long as the property shall have only one driveway access which shall be from the street which is other than those listed above. To qualify for a special exception, these home occupations must demonstrate compliance with these standards and the standards of § 230-185 and must show that parking is safe and adequate.
{1} | Visitors, customers or clients shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m. | |
{2} | Pickup or delivery shall be limited to those services that routinely serve homes, such as the United States Postal Service, United Parcel Service or Federal Express. |
[b]
Requirements for all home occupations.
[i]
A resident of the dwelling must be a principal of the home occupation.
[ii]
There shall be no direct sale of goods on the premises.
[iii]
There shall be no business-related exterior storage or display of goods.
[iv]
Signs for the home occupations shall be permitted in accordance with the requirements of § 230-126 of this chapter.
[v]
The area of all home occupations shall not be greater than 25% of the habitable floor area of the dwelling. For the purposes of making this computation, the habitable floor area of the dwelling unit shall include the first floor and unfinished basement but not garages or unfinished attics.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[vi]
The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area.
[vii]
Home occupations shall not use noxious, toxic, combustible, explosive or other types of material in a manner that could endanger the health, safety and welfare of the occupants and surrounding residents.
[viii]
No sounds or noise shall be audible outside the dwelling.
[ix]
Vehicular access improvements or any need for additional parking generated by the home occupation, over what would normally be expected for a residence as determined by the Board of Supervisors with the advice of the Township Engineer, shall be met off-street and only in the side yard and/or rear yard in accordance with § 230-134 of this chapter.
[x]
Trash shall not be permitted in excess of that normally occurring in residential areas. Outdoor storage of trash or debris shall be in sealed containers, shielded from view by neighboring properties by a dense landscape buffer.
[xi]
Family day-care homes, group day-care homes and day-care centers are not home occupations and are regulated by § 230-156.1.
[xii]
The following uses and similar uses shall not be permitted as a home occupation: clinic, hospital, laboratory, animal hospital, barbershop, beauty parlor, massage parlor, restaurant, motel, body art, auto tag service, tattooing or body piercing.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[xiii]
All home occupations must obtain a use and occupancy permit and register their business with the Township before commencing business.
[Amended 6-22-2009 by Ord. No. 09-239Z]
[xiv]
No odors resulting from the home occupation shall be detectable outside the dwelling.[1]
[1]
Editor's Note: Former Subsection A(2)(a)[5][a] through [h], which permitted no-impact home-based businesses in all districts under certain conditions, which immediately followed this subsection, were repealed 6-22-2009 by Ord. No. 09-239Z.
(b)
Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, barbershop, beauty parlor, other personal service shop, tearoom, hotel or any similar use.
(3)
Uses accessory to noncommercial recreational use: customary recreational, refreshment and service uses and buildings in any noncommercial recreational area.
B.
Setbacks for uses accessory to dwellings.
[Added 7-24-1989 by Ord. No. 17-058]
(1)
One shed (storage building up to 144 square feet in size), or shelter for pets, private parking spaces, patios, decks, swimming pool and equipment and tennis courts shall meet the requirements and setbacks outlined below.
[Amended 6-10-2002 by Ord. No. 02-158ZS; 11-12-2007 by Ord. No. 07-220Z]
(a)
Patios and decks whose floors are no more than three feet above ground measured at the point where the patio or deck is attached to the dwelling, which have no walls or roofs associated with the deck or patio and which have railings that are no more than four feet high, may use the setback standards in Subsection B(1)(c) below. No deck floor may be more than eight feet above existing grade at any point to be able to use these standards. Patios and decks which do not meet these standards must be located within the building envelope.
(b)
In-ground and aboveground swimming pools which are screened by a screened buffer, as outlined in § 205-53 of Chapter 205, the Township's Subdivision Ordinance, or by a five- to six-foot-high opaque fence may use the setback standards in Subsection B(1)(c) below. Swimming pools which do not have this screening must be located within the building envelope. In no case may a pool be located in the front yard. All lighting for swimming pools shall be hooded to prevent the glare of lights from shining beyond the property line, and wiring for all pool lighting shall be underground.
(2)
Barns (storage buildings over 144 square feet in size), garages, greenhouses and any similar uses must be located within the building envelope and cannot be located in the front yard.
[Amended 11-12-2007 by Ord. No. 07-220Z]
(3)
No uses accessory to dwellings are permitted to be located within any buffer area, as required either by the Subdivision and Land Development Ordinance or the Zoning Ordinance.
[Added 1-26-1998 by Ord. No. 98-91Z]
C.
Relative quarters in a single-family detached dwelling, including cooking facilities, may be provided for no more than two persons related to the principal occupant by blood, marriage or adoption, subject to the following conditions:
(1)
Neither the present structure nor any proposed addition shall at any time be occupied by any person other than the property owner and members of his or her immediate family.
(2)
Any sale, lease, transfer or other alienation of the property shall be as a single-family detached dwelling and shall include the entire structure located on the property.
(3)
The relative quarters shall not be leased or rented as an apartment or separate dwelling, except to persons specified in C(1) above.
(4)
Any relative quarters' kitchen or cooking facility on the property shall be removed prior to sale, transfer or other alienation of the property, unless the appropriate deed restriction has been filed with the Recorder of Deeds that the property is being continued as a relative quarters by the new owner/buyer.
(5)
Relative quarters must be located in the existing dwelling or must be attached to the existing dwelling, and there shall always be maintained a single shared standard doorway connecting the principal residence and the relative quarters. Relative quarters shall not be located in a separate freestanding building. Relative quarters shall be limited to a single floor not greater than 700 square feet of floor area, except when approved as a special exception by the Zoning Hearing Board.
(6)
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 C(1) through (5) above, which shall reflect that the property is encumbered with those specific conditions. Upon sale of the property, seller shall disclose to buyer the nature of any deed restriction regarding the conditions of any future use of the relative quarters.
(7)
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.
D.
The keeping of chickens is permitted as an accessory use to a dwelling, subject to the following requirements:
[Added 6-13-2022 by Ord. No. 22-328Z]
(1)
Type and number of chickens.
(a)
Roosters are prohibited.
(b)
A minimum net lot area of 20,000 square feet is required to keep chickens.
(c)
No more than four female chickens shall be permitted on properties with a net lot area of less than 40,000 square feet.
(d)
No more than six female chickens shall be permitted on properties with a net lot area between 40,000 square feet and three acres.
(2)
Permitting and inspection.
(a)
Chicken coops, chicken runs, and fences are not permitted to be installed before submitting a complete permit application to the Township and receiving approval from the Township Zoning Officer.
(b)
If a tenant should wish to keep chickens on rented property, then the tenant must secure written authorization from the owner as well as conform to all other requirements as enumerated in this section, and both tenant and landowner shall be liable for compliance with the provisions of this section.
(c)
The Zoning Officer shall have the right to inspect any chicken coop, chicken run, and fencing between 8:00 a.m. and 5:00 p.m. (Monday through Friday). The inspector shall issue any order deemed necessary to comply with any and all federal, state, county, and municipal codes. Twenty-four hours' notice shall be given to the property owner where practicable.
(3)
Chicken coop, chicken run, and fencing.
(a)
All chickens shall be housed within a secure, fully enclosed, chicken coop which is contained within a fenced chicken run which both areas do not exceed 100 square feet total.
(b)
There shall be at least four square feet of space for each chicken within the coop and an additional 10 square feet of space per chicken within the chicken run.
(c)
The chicken run fence shall be made of durable materials, such as wood and wire mesh, extending underground for at least one foot and have an aboveground height of at least four feet. The chicken run shall also have a roof made of wire mesh or aviary netting to protect against predators. The height of the chicken coop and chicken run shall not exceed six feet.
(d)
It shall be unlawful to let any chicken roam freely outside of the areas of the chicken coop and chicken run. Any fencing shall be extended underground for at least one foot and have an aboveground height of at least six feet.
(e)
Chicken coops, chicken runs, and fencing shall be located in the rear yard and shall be no closer than 20 feet to any property line and no closer than 25 feet to any residential structure. Must be shielded from the view of adjacent properties with fence or shrubbery with a minimum height of four feet.
(5)
The sale of chickens or chicken eggs for commercial purposes is prohibited.
(6)
All chicken-related materials and feed must be kept in a secure enclosed structure on the premises so as to prevent vermin and any nuisance to surrounding neighbors.
(7)
All chicken waste must be stored in a insect-proof container and disposed of regularly in a sanitary way acceptable to the Township.
(8)
It shall be unlawful and shall constitute a nuisance if any chicken, chicken coop/run, or fenced area produces odors, excessive noise, at and beyond the property lines or attracts vermin, or is kept in an unsanitary condition and/or is otherwise a concern to public health in the discretion of the Zoning Officer.
(9)
The keeping of chickens shall not be permitted as an accessory use on a property where such use is prohibited by a covenant, restriction, rule or regulation of a homeowners' or other association which includes the property.
§ 230-150 Prohibited uses.
[12-17-2007 by Ord. No. 07-226Z; 6-13-2022 by Ord. No. 22-328Z; 4-8-2024 by Ord. No. 24-339Z]
The following uses shall be prohibited in any district in this Township:
A.
The storage above ground or partially above ground of any inflammable or explosive materials in excess of 550 gallons.
B.
The keeping, breeding and management of livestock or poultry (not including chickens), except when associated with and only where Agricultural II uses are permitted.
C.
Flashing lights, except in connection with the direction of aircraft.
D.
Any use which is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise or any use which may constitute a public hazard by fire, explosion or otherwise; no internal combustion engine shall be permanently installed on any lot unless objectionable noise and vibration is eliminated and it is equipped and supplied with an effective muffler or silencer.
§ 230-151 (Reserved) [1]
[1]
Editor's Note: Former § 230-151, Conversion of dwellings, amended 6-22-1992 by Ord. No. 92-1, was repealed 7-23-2007 by Ord. No. 07-219Z.
§ 230-152 Farm buildings.
[Amended 6-13-2022 by Ord. No. 22-328Z]
The yard regulations in any district to the contrary notwithstanding, no farm building or enclosure for the raising of livestock or poultry shall be located nearer to any lot line than 100 feet. This shall not apply to the requirements for the keeping of chickens as an accessory use under § 230-149 of this chapter.
§ 230-153 Swimming pool fences.
Any swimming pool erected or maintained within the Township shall be provided on all sides with an enclosing fence, wall, gate, building or other structure not less than four feet in height.
§ 230-154 Private and semi-private recreation facilities.
Private or semi-private recreation facilities shall be subject to the following requirements:
B.
Location of facilities. Private or semi-private recreation facilities shall conform to the requirements for front, rear and side yards and for landscaping and screening as provided by § 230-38 of this chapter.
C.
Applications. An application for a special exception to provide private or semi-private recreation facilities shall include the following information:
(1)
All site information as required elsewhere in this chapter.
(2)
Location of all proposed recreation facilities.
(3)
Detailed plans for all proposed facilities, including, without limitation, lighting, screening, fencing, storm drainage and sanitary facilities.
(4)
Detailed information on operation of facilities, including, without limitation:
(a)
Membership limitations or requirements.
(b)
Documents creating associations or ownership where such ownership or operational responsibility is to be transferred to a party or parties other than owner of the development.
(c)
Operational details, including hours of operation, type of supervision or security.
§ 230-155 Landscaping and screening.
[Amended 8-3-1987 by Ord. No. 17-033]
§ 230-156 Entrance- and accessways for residential development.
[Added 7-28-1986 by Ord. No. 17-037]
All residential developments shall provide for safe and efficient ingress and egress of traffic to conform to the following standards:
A.
All entrance- and accessways shall be of sufficient width, with widened radii where they meet the sides of roads and highways, to conveniently and safely accommodate the flow of traffic. The locations of entranceways shall be subject to the approval of the Board of Supervisors. The entrance- and accessways shall be designed, constructed and maintained to provide safe and efficient ingress and egress for traffic without undue congestion or interference with the normal traffic flow on the abutting streets and highways.
B.
If deemed appropriate by the Board of Supervisors and approved by the Pennsylvania Department of Transportation when required, the developer shall be required to widen the paved road frontage abutting the residential site, install curbing along the same and/or build acceleration and deceleration lanes to provide for the safe and efficient ingress and egress of motor vehicles.
C.
Safe and efficient ingress and egress is to be provided to and from public streets serving the site without undue congestion or interference with traffic flow within the Township.
§ 230-156.1 Day-care facilities.
[Added 7-1-1991 by Ord. No. 17-063]
As defined in Article II, § 230-5, in this chapter, day-care facility uses shall conform to the following criteria and standards:
A.
General provisions. The following general provisions apply to each of the three defined types of child day-care facilities. In addition, each type of child day-care facility shall comply with the specific individual regulations for each type of facility.
(1)
Categories included. The provisions of this section pertain to day-care service for children by caregivers in family day-care homes, group-day care homes and day-care centers, subject to Chapter II, §§ 8A, 8B, and 8C of Department of Public Welfare (DPW) Social Services Manual Regulations. Day-care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care service for children shall not include babysitting or day care furnished in places of worship during religious services.
(2)
Registration and licensing. Family day-care homes, as defined in this chapter, must hold an approved and currently valid DPW registration certificate. Group day-care homes and day-care centers, as defined in this chapter, must hold an approved and currently valid DPW license. In addition, all child day-care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and firesafety codes.
(3)
Township notification. Each operator of a newly established child day-care facility shall notify the Township in writing at least 60 days prior to the initiation of such use, for the purpose of allowing the Township to establish a record of the new land use. Already existing licensed or registered facilities shall be required to notify the Township of its operation in writing at least 60 days after the enactment of this chapter. In addition, the operator of any facility must certify compliance with all aspects of this chapter and all other applicable Township requirements.
(a)
Family day-care homes must provide proof of an approved DPW registration certificate at the time of initial notification to the Township and must show proof of the registration renewal every two years.
(b)
At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Township in writing at least 60 days prior to the expansion of the use and provide proof that all requirements for licensure by DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day care homes established in Subsection C below.
(c)
Group day-care homes and day-care centers must provide proof of an approved and currently valid DPW license at the time of initial notification to the Township and must provide proof of annual license renewal.
(4)
Inspection. The operator of a family day-care home, group day-care home or day-care center will allow appropriate representatives of the Township to enter the property at reasonable times to inspect such use for compliance with the requirements of this section and all other applicable Township and state ordinances.
(5)
General safety. No portion of a child-care facility shall be located within a distance of 1,000 feet of a hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include but shall not be limited to gasoline service stations, heavy industrial operation, quarries, storage of flammable materials, high-pressure underground pipelines, truck loading areas, etc. Specifically, there shall not be objectionable or unsafe levels of noise, vibration, fumes, odors, dust, glare, heat, toxic gases, electric or electronic interference, liquid waste or sewage or any other physical activity on sites within 1,000 feet.
B.
Zoning requirements. The various types of day-care facilities shall be permitted uses in the following use districts in Montgomery Township:
(1)
The family day-care home shall be permitted by right in any residential district except the R-6 Golf Course District, MHP Mobile Home Park District, R-3 Residential District and R-3A Residential District, where it is not permitted. The family day-care home use shall be permitted by right in any nonresidential district, except the LI, where it is permitted only by conditional use.
[Amended 6-28-1999 by Ord. No. 99-111Z]
(2)
The group day-care home use shall be permitted as a special exception in the R-1, R-2 and R-5 single-family detached residential districts in the Township. The group day-care home use shall be permitted by right in any nonresidential district, except the LI Limited Industrial District, where it is permitted only by conditional use.
(3)
The day-care center use shall be permitted by right in any nonresidential district in the Township, except the LI Limited Industrial District, where it is permitted only by conditional use.
C.
Family day-care homes and group day-care homes shall meet the following requirements:
(1)
Any residence used as a group day-care home must have a minimum lot size of 20,000 square feet.
(2)
Group day-care homes shall be located no less than 500 feet from any existing group day-care homes.
(3)
On-site parking. There shall be one on-site parking space provided for each nonresident employee above.
(4)
Dropoff areas. A dropoff area shall be provided with sufficient area to allow the temporary parking of one vehicle. An existing driveway may be used for the dropoff area if it can be demonstrated that there is sufficient space available in the driveway. If a driveway is used for the dropoff area and the proposed use fronts a major, secondary or rural street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, new on-site dropoff spaces, which conform to the dimensional standards for parking spaces, shall be provided.
(5)
The requisite outdoor play area shall only be located in the rear yard of the residence or subject property.
(6)
The outdoor play area of group day-care homes shall not be located within 20 feet of an adjoining property line.
(7)
The outdoor play area shall be surrounded by a safety fence impenetrable by children or small animals, with a minimum height of four feet and constructed of materials suitable to the existing residential environment.
(8)
The amount of floor area used for day-care purposes shall not exceed 25% of the total floor area of the building.
(9)
Any sign shall comply with standards in this chapter governing the use of signs in residential districts.
(10)
Hours of operation shall be limited to the hours between 7:00 a.m. and 7:00 p.m.
(11)
Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
D.
Day-care centers shall meet the following requirements:
(1)
The requisite outdoor play area shall only be located in the rear yard of the subject property.
(2)
The outdoor play area shall not be located within 20 feet of an adjoining residential property line.
(3)
On-site parking. A minimum of one on-site parking space shall be provided for each employee.
(4)
Dropoff area.
(a)
Number of dropoff spaces. A minimum of one safe dropoff space shall be provided for each 10 children that the facility is licensed to accommodate. Each dropoff space shall conform to the dimensional standards for parking spaces.
(b)
Dropoff area location and design.
[1]
The dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or as a part of the driveway providing direct access to the day-care facility.
[2]
When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnout area 12 feet in width, exclusive of the driveway through traffic lane(s).
(5)
The outdoor play area shall be surrounded by a safety fence impenetrable by children or small animals, with a minimum height of four feet. Play areas adjacent to vehicular traffic areas or parking shall be protected by a concrete New Jersey barrier or equivalent barrier.
(6)
Any sign shall comply with standards in this chapter governing the use of signs in the appropriate use district.
(7)
Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
§ 230-156.2 Procedures and standards for conditional use approval.
[Added 4-19-1993 by Ord. No. 93-11Z]
An application for any conditional use as specified in the various Articles of this chapter shall be considered by the Township Board of Supervisors according to the following procedures. The Board may grant conditional use approval, provided that the applicant complies with the following standards and criteria for conditional uses and any other reasonable conditions imposed by the Board of Supervisors. The burden of proof shall rest with the applicant.
A.
Applicant requirements.
(1)
The application shall be submitted in writing to the Township Planning Commission.
(2)
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the application standards and criteria of this chapter, a tentative sketch plan of the proposed development and any study deemed necessary by the Township Engineer. The applicant shall provide with the application a list of every abutting lot owner on the same street and every abutting lot owner directly across the street from the lot or building in question.
(3)
The Township Planning Commission 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 Board of Supervisors shall schedule a public hearing thereon within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of this time limit.
(2)
Public notice of the public hearing, stating the time, place and the particular nature of the case to be considered, shall be published twice in a newspaper of general circulation in the Township. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. The Township Secretary shall notify, by mailing or delivering a notice thereof to the owner, if his residence is known, or the occupier of every abutting lot on the same street and every lot directly across the street from the lot or building in question, provided that failure to give notice shall not invalidate any action taken by the Board.
(3)
The Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this chapter.
C.
Standards and criteria. In deciding all applications for conditional uses, the Board of Supervisors shall be guided by the following standards and criteria:
(1)
The proposed use is permitted by conditional use, and it will conform to the applicable regulations of the district in which it is located or any district regulations which may relate to or apply to the use, including but not limited to setbacks, building coverage, open space and buffering.
(3)
Points of vehicular access to the lot are provided at a distance from the intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement of traffic.
(4)
The location of the site with respect to the existing public roads giving access to it is such that the safe capacity of the public roads is not exceeded by the estimated traffic attracted or generated by the proposed use, and the traffic generated or attracted is not out of character with the normal traffic using said public roads.
(5)
A determination that the proposed use will not have an unwarranted impact on traffic in the area, either creating significant additional congestion in an area of existing congestion or posing a threat of significant additional congestion where there is a high probability of future congestion. In addition, the Board shall consider whether the proposed use will create any traffic hazard dangerous to the public safety.
(6)
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other, considering the type, dimension and character of the screening.
(7)
The proposed use does not adversely affect or contradict Montgomery Township's Comprehensive Plan.
(9)
The proposed use is suitable for the character of the neighborhood and the uses of the surrounding properties.
(10)
The proposed use will not impair an adequate supply of light and air to adjacent property.
(11)
The proposed use will not adversely affect the public health, safety or general welfare.
(12)
The proposed use will not adversely affect transportation or unduly burden water, sewer, school, park or other public facilities.
(13)
The proposed use shall not overcrowd land or create undue concentration of population or undue intensity of use.
D.
The Board of Supervisors shall render a written decision on the application within 45 days after the last hearing in which the Board considered the application.
E.
Where the Board of Supervisors fails to render a decision within the period required by this section or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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.
F.
Approval of any conditional use shall expire one year after the date of approval by the Board of Supervisors or the signing of the development plan, whichever is later, if the applicant fails to obtain a building permit or use and occupancy permit.
§ 230-156.3 Additional limitations to required yards.
[Added 1-28-2002 by Ord. No. 01-140Z]
No outdoor vending machine, self-service station, or similar use such as an automated teller machine shall be permitted in any required yard area.
§ 230-156.4 Special regulations for restaurant, outdoor customer dining area.
[Added 3-10-2003 by Ord. No. 03-167Z; amended 6-25-2012 by Ord. No. 12-259Z; 9-13-2021 by Ord. No. 21-322Z]
A.
Zoning requirements. Outdoor dining area shall be permitted as an accessory use in the C, S, RS, and ECPOD Overlay Districts.
B.
Floor area devoted to outdoor dining shall provide for off-street parking in the same manner as prescribed for restaurant use.
C.
The area designated and used for outdoor dining shall comply with all other zoning requirements such as yards, building setbacks, impervious surface ratio, and setbacks from parking areas.
D.
The outdoor dining area shall not infringe on any public sidewalk, or encroach upon required green space or parking areas; and shall be physically separated from the above by any combination of railing, fence, deck, planting boxes, or natural vegetation.
E.
Where parking spaces abut and are perpendicular to paved walkways, the design shall provide for placement of bollards spaced five feet on center, a minimum of 16 inches from the front face of the curb, edge of parking space across the width of all the parking spaces.
F.
Outdoor service and music shall end no later than 11:00 p.m., and there shall be no amplified music outdoors.
G.
Only tables, chairs, umbrellas, stations for condiments and silverware, and containers for the disposal of recyclable cans/bottles and garbage shall be permitted within any outdoor dining area.
H.
Refuse facilities shall be provided.
I.
All food preparation shall be in the regular kitchen area of the restaurant, not outside.
J.
All outdoor food service is subject to the regulations of the Montgomery County Department of Health, and the Pennsylvania Liquor Control Board.
K.
All outdoor dining areas are subject to the regulations of the Building Code including the increase in the number of restroom facilities required due to the increase in occupant load of the facility.
L.
All outdoor dining must maintain pedestrian and traffic safety, including a clear path (six feet wide) of travel for pedestrian flow.
§ 230-156.5 Special regulations for flag lots.
[Added 11-28-2005 by Ord. No. 05-203Z]
A.
The following provisions shall apply:
(1)
A flag lot shall provide a lot area of 150% of the minimum established for the individual district and shall not include the area located in the access strip.
(2)
Each flag lot shall abut along a public street for a width of not less than 25 feet and this minimum width shall be maintained along the entire length of the access strip. The portion of a flag lot required for the access driveway shall not be included in calculating the required front, side or rear yards, or the minimum required lot area.
(3)
The driveway serving flag lots shall be paved and provide a minimum of 12 feet in width and shall provide a vertical clearance of not less than 13 feet six inches.
(4)
The front yard of a flag lot shall be positioned between the new building and the street from which access is taken.
(5)
The front yard of a flag lot shall be parallel to the street from which access is taken.
(6)
All required side and rear yards shall be not less than 150% of the minimum required by the district, but in no event shall a side yard be less than 20 feet nor a rear yard less than 40 feet.
(a)
The front yard setback for a flag lot shall be a distance equal to the front yard requirements for the district in which the lot is located and shall be measured for the point where the lot first obtains the minimum required lot width.
(7)
No flag lot shall contain an access strip which extends through or beyond more than one tier of lots.
(8)
All flag lots shall be provided with public water and sanitary sewer.
(9)
A flag lot approved pursuant to this section shall not be permitted to be further subdivided.
(10)
Flag lots will be permitted for single-family detached units only.
(11)
Flag lots shall only be permitted when the area cannot practically be subdivided.
B.
Flag lots, subject to the above regulations, shall be permitted when approved as a conditional use by the Board of Supervisors.
§ 230-156.6 Requirements for smoking lounge and vape stores.
[Added 9-12-2022 by Ord. No. 22-329Z]
A smoking lounge may not be within 1,000 feet from the nearest smoke lounge or vape store property line and must be more than 1,000 feet from the property line of any public, private or parochial school, and day-care center or family day-care use.
§ 230-156.7 Requirements for standby (whole-home) generators.
[Added 4-8-2024 by Ord. No. 24-339Z]
Standby generators. Standby generators, used only on a temporary emergency basis, are permitted in all zoning districts as an accessory use, provided that:
A.
The generator must be installed on an approved pad.
B.
Generators shall be installed per the manufacturer's installation instructions and must be rated by the manufacturer for the installed proximity to a dwelling or primary structure.
C.
Generators shall be set back behind the front line of the principal structure. For corner lots, the front line of the principal building shall be determined along both street frontages regardless of orientation of the structure.
D.
Generators shall be located a minimum of three feet from side and rear property lines in residential districts. In all non-residential districts, generators shall only be installed within the required building envelope and meet all setback requirements of the principal use.
E.
Any generators whose dimensions exceed 4'x4'x4' shall only be installed within the required building envelope and meet all setback requirements of the principal use.