Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE VII
R-3 Residential District
§ 230-35 Community development objectives.
The district established by this article is in accordance with the land use policies and objectives established by the Montgomery Township Comprehensive Plan. It is intended to achieve the following:
A.
To encourage construction of mixed housing types to meet the housing needs of a changing population in Montgomery Township.
B.
To preserve and support the character of existing residential uses in the Township.
C.
To assure light, air and privacy, as far as possible, by controlling the spacing and height of buildings and other structures.
D.
To protect residential areas against hazards of fire, offensive noise, vibration, smoke, odors, glare or other objectionable influences.
E.
To prevent congestion, as far as possible, by regulating the density of population and the bulk of buildings and by providing for sufficient off-street parking.
F.
To protect residential neighborhoods, as much as possible, from heavy or through traffic.
§ 230-36 Use regulations.
A.
Uses by right. In any R-3 District, land, buildings or premises shall be used by right for any of the following purposes and no other:
(1)
Residential dwellings and uses to include:
(a)
Townhouse and garden apartment dwellings, singularly or in groups, subject to the area, height and bulk regulations under § 230-37.
(b)
Duplex, twin and townhouse dwellings, singularly or in groups, subject to area, height and bulk regulations under § 230-50.
(c)
Single-family detached dwellings as regulated at a minimum by the R-5 Residential District.
[Amended 2-28-2005 by Ord. No. 04-190Z]
(2)
Passenger shelters for local stops of public transportation.
[Amended 2-28-2005 by Ord. No. 04-190Z]
(3)
Accessory use on the same lot with and customarily incidental to any of the foregoing uses, including noncommercial recreation facilities and signs permitted under § 230-126B of this chapter.[1]
[Amended 6-22-1992 by Ord. No. 92-1; 2-28-2005 by Ord. No. 04-190Z]
[1]
Former § 230-36A(4), Family-day care home, added 7-1-1991 by Ord. No. 17-063, which previously followed this subsection, was repealed 6-28-1999 by Ord. No. 99-111Z.
B.
Any of the following purposes when authorized as a special exception:
[Amended 2-28-2005 by Ord. No. 04-190Z]
(1)
Private or semi-private recreation facilities as a primary use of a tract and subject to § 230-154 of this chapter.
(2)
Educational and/or religious use, provided that such use is located on a lot five acres or larger in size, buildings are set back at least 100 feet from all property lines, impervious lot coverage shall not exceed 30% of the total lot area, parking areas are set back at least 30 feet from all property lines and all other regulations of the R-3 Residential District are met.
(3)
Day camp, provided that such use is located on a lot 10 acres or larger in size, impervious coverage does not exceed 30% of the total lot area, buildings are set back at least 100 feet from all property lines, parking areas are set back at least 30 feet from all property lines, and all other regulations of the R-3 Residential District are met.
(4)
(Reserved)
(5)
(Reserved)
(6)
Accessory use on the same lot and customarily incidental to any of the foregoing uses.
C.
Dwelling unit mix. In any R-3 District, site development shall be permitted to mix dwelling types with the overall density directly in proportion to the numbers of each type of dwelling.
§ 230-37 Area, height and bulk regulations.
In the R-3 Residential Districts, the following area, height and bulk regulations shall apply as to townhouse and garden apartment development:
Site Area | Townhouse | Apartment | |
|---|---|---|---|
Size (minimum acres) | 10 | 10 | |
Buffer | |||
Front (minimum feet from property line) | 75 | 75 | |
Side (minimum feet from property line) | 50 | 50 | |
Rear (minimum feet from property line) | 50 | 50 | |
Common open space (minimum percentage of total open space) | 50 | 50 | |
Building coverage (maximum percentage of net site area) | 35 | 35 | |
Impervious material coverage, excluding building coverage (maximum percentage of net site area) | 30 | 30 | |
Dwelling (building) lot area | N/A | ||
Lot size (minimum square feet per dwelling unit) | |||
Building coverage (maximum percentage of lot area) | 50 | 50 | |
Impervious material coverage (maximum percentage of net site area) | 30 | 30 | |
Outdoor living space (minimum square feet per dwelling unit) | (See entry below) | 750 | |
Dwelling unit lot area | |||
Lot size (minimum square feet) | N/A | ||
Outdoor living space adjacent to exterior: | |||
Front walls of unit (minimum feet from wall) | 15 | N/A | |
Side walls of unit (minimum feet from wall) | 10 | N/A | |
Back walls of unit (minimum feet from wall) | 10 | N/A | |
Dwelling (building) | |||
Height (maximum feet) | 35 | 35 | |
Setback from: | |||
Main distribution roads (minimum feet) | 40 | 40 | |
Building service roads (minimum feet) | 30 | 30 | |
Common parking area (minimum feet) | 15 | 15 | |
Other buildings (minimum feet) | |||
Option A | 40 | 40 | |
Option B (townhouse, dwelling only) | |||
Front to front | 60 | N/A | |
Front to back | 60 | N/A | |
Back to back | 60 | N/A | |
Side to front/back | 40 | N/A | |
Side to side | 25 | N/A | |
Dwelling unit | |||
Number of units per gross acre (maximum number) | 9 | 10 | |
Number of units per building (maximum number) | |||
Under Option A | 12 | 16 | |
Under Option B (townhouse only) | 8 | N/A | |
Setback from other units, same building, wholly facing or end-to-end (minimum feet) | 40 | 40 | |
Parking spaces per dwelling unit (minimum) | 2 | 2 | |
§ 230-38 General requirements.
In an R-3 Residential District, the following requirements shall apply:
A.
The development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with approved landscaping.
B.
Provision shall be made for ownership and maintenance responsibility of all property contained in the development, and the development plan shall indicate areas to be held in single ownership and in common ownership.
D.
Fire lanes, as required by the Fire Marshal, and areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other services shall be provided and shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
E.
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the development site without undue congestion to or interference with normal traffic flow.
F.
All utility lines servicing the development shall be placed underground.
G.
All buildings shall be served by a municipal public sanitary sewage disposal system and municipal public water supply, including fire hydrants.
H.
Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary by the Board of Supervisors for the safety and convenience of the residents.
J.
The developer shall preserve or incorporate natural features such as woods, streams, floodplains and open space areas which add to the overall cohesive development of the Apartment Residential District and adjacent districts.
K.
The developer shall give consideration to the provision of community areas, laundry facilities, playgrounds, open space and other services necessary for the comfort and convenience of the residents.
L.
Trash receptacles. All buildings shall be provided with trash receptacles convenient to service entrances and screened or enclosed as a part of the architectural treatment of the building. Incinerators are not permitted in the buildings.
M.
All mechanical equipment shall be installed and maintained so that no noise therefrom can be heard at the property line.
N.
Elevators. Where elevators are provided, the developer shall submit detailed information of the size and rate of elevators and their adequacy to serve the proposed building. In order to provide adequate room in elevators for ambulance stretchers and emergency equipment, at least one elevator must have one horizontal dimension which is at least eight feet (inside cab).
O.
Snow removal. Snow shall be removed from all roadways, sidewalks and parking areas within four hours after snow has ceased to fall. The application for a building permit shall indicate the method of removing snow, including storage areas for such snow located so that they will not interfere with vehicular or pedestrian movement or visibility.
P.
Security. Sliding patio doors shall be equipped with jam-proof dead locks and exterior and interior five-pin cylinder locks. All hinged entrance doors to apartments shall be equipped with heavy-duty locksets having a minimum throw of 3/4 inch on latches and an auxiliary latch/deadlocking latch bolt when door is closed.
Q.
All buildings shall be designed to meet all requirements of Building Regulations for Protection from Fire and Panic, Commonwealth of Pennsylvania, Department of Labor and Industry. No building permits are to be issued until evidence of submittal and approval by the above agency is furnished to the Township. No buildings or dwelling units are to be occupied until copies of the Department of Labor and Industry occupancy permit are furnished to the Township, showing evidence that buildings have been inspected and comply with the approved drawings and all other requirements of the Department of Labor and Industry.
R.
All surface water drainage shall be collected and conveyed in accordance with proper engineering practices and design, as approved by the Township Engineer.
S.
Attached buildings shall have breaks in both the roofline and the front and rear building walls as specified below. Breaks shall be utilized so as to minimize earthmoving and removal or impacting, due to cut or fill, on adjacent existing vegetation.
(1)
Vertical breaks. A total break footgage of four vertical feet in minimum increments of 18 inches shall be included in every 160 horizontal building feet or within three firewalls.
(2)
Horizontal breaks. A total break footgage of eight horizontal feet in minimum increments of three feet shall be included in every 160 horizontal building feet or within three firewalls. In addition, angles in the building wall of 22º or more shall be considered equivalent to a five-foot break. Breaks in walls shall be varied by change in building texture, provided that a common architectural theme is carried out by means of consistent exterior detailing, materials and colors.
§ 230-39 Procedural requirements.
A.
Any application for a building permit for erection or alteration of or addition to any building or structure or portion thereof shall be accompanied by a development plan, as required by this section.
B.
C.
Any development plan for townhouse development where the dwelling units and lots are intended to be sold in fee simple to individual owners shall show courses and distances for such lots.
D.
Any development plan shall include the following items, without limitation:
(1)
All property lines and names of adjoining owners.
(2)
Existing contours at two-foot intervals.
(3)
Finished contours after grading.
(4)
Existing utility poles.
(5)
Existing major trees (having a diameter of eight inches or more at a point measured three feet from ground) and outline of significant tree groups.
(6)
Outline of proposed buildings, including main floor elevation and estimate of floor area.
(7)
Location and slopes of all roads and parking lots.
(8)
Outline of all existing structures and an indication of what structures are going to be demolished.
(9)
Road rights-of-way, including ultimate rights-of-way.
(10)
Existing watercourses and floodplain.
(11)
Existing and proposed drainage structures.
(12)
Outline and description of any proposed recreational facilities, including information on hours of operation, use or membership restrictions, illumination, fencing and screening and all other information required under § 230-154 of this chapter.
(13)
Plans for control of erosion and sedimentation during construction. Said plan shall be submitted to and approved by the Montgomery County Soil and Water Conservation District prior to the issuance of any building permit.
(15)
Condominium ownership agreements or homeowners' association agreements or similar documents of covenants and agreements providing for the maintenance and ownership of all areas and facilities proposed for common use. Such agreements shall be reviewed and approved by the Township Solicitor as being in accordance with applicable law.
(16)
Sewer and water. Plans shall show evidence of available public sewer and water service.
(17)
Architect's drawings showing the external appearance of the garden apartment buildings, with a certification thereon by the owner and developer that the buildings will be constructed as to appearance in accordance with the drawings.
E.
The application shall be accompanied by a processing fee in addition to such other fees as may be required by the Township. The amount shall be set by resolution of the Board of Supervisors from time to time. The processing fee shall be used by the Township to retain such experts as it determines are necessary to adequately review the application for apartment residential development, including, without limitation, attorneys, engineers, traffic engineers, planners, architects and landscape architects. Any portion of the processing fee not expended by the Township for professional fees shall be returned to the applicant upon completion of processing of the application. Further, the Township reserves the right to require additional processing fees if it determines that its processing cost will exceed the initial fee deposited.
[Amended 6-22-1992 by Ord. No. 92-1]
§ 230-40 Other provisions.
[Added 7-28-1986 by Ord. No. 17-037]
See Article XXI of this Zoning Ordinance for general provisions that may also relate to this District.