North Wales City Zoning Code
ARTICLE XVI
General Provisions
§ 208-65 Applicability.
The regulations of this article have relevance to all zoning district classifications except as noted. If a conflict occurs between the standards of the general regulations and other standards of this chapter, then the most restrictive standards shall apply.
§ 208-66 Storage of certain vehicles and equipment in residential districts (R-1, R-2 and R-3).
A.
It shall be unlawful for any person to keep, park or store any vehicle more than 80 inches in width (measured at the widest point of the vehicle including mirrors) and/or more than 11,000 pounds gross vehicle weight on any street within or contiguous to the R-1, R-2, or R-3 residential district.
B.
The temporary outdoor storage of any vehicle more than 80 inches in width (measured at the widest point of the vehicle including mirrors) and/or more than 11,000 pounds gross vehicle weight shall be permitted when following regulations are satisfied:
(1)
Storage of such vehicles shall only be permitted on a parking area constructed of macadam, asphalt, concrete, or permeable paving with maximum grade of 5%. Parking on grass is prohibited.
(2)
Such vehicles shall not be located closer than five feet to a property line.
(3)
Such vehicles shall not be located between the front facade of a building and the street and shall not extend beyond the front building facade.
(4)
No more than one such vehicle shall be located outdoors on a residential lot.
(5)
Storage of such vehicles shall not diminish the required on-site parking spaces.
(6)
Nothing herein shall prohibit the storage of such vehicles within an enclosed building or structure.
C.
Any building or industrial machinery/equipment and any junked or inoperable vehicles shall only be stored within an enclosed building or structure within the R-1, R-2, or R-3 residential district.
D.
The temporary or seasonal outdoor storage of recreation vehicles such as boats, campers, motor bikes, and the like shall be permitted in a residential district when following regulations are satisfied:
(1)
Recreational vehicles may only be located on a lot where the established primary use is a single-family dwelling.
(2)
Recreational vehicles may be temporarily or seasonally stored outdoors in residential zoning districts.
(3)
Recreational vehicles shall not exceed 25 feet in length.
(4)
Storage of recreational vehicle shall only be permitted on a parking area constructed of macadam, asphalt, concrete, or permeable paving with maximum grade of 5%. Parking on grass is prohibited.
(5)
Recreational vehicles shall not be located closer than five feet to a property line.
(6)
Recreational vehicles shall not be located between the front facade of a building and the street and shall not extend beyond the front building facade.
(7)
Storage of the recreational vehicle shall not diminish the required on-site parking spaces.
(8)
No more than one recreational vehicle shall be located outdoors on a residential lot.
(9)
The habitation of a recreation vehicle shall be prohibited.
(10)
Nothing herein shall prohibit the storage of recreational vehicles within an enclosed building or structure.
§ 208-67 Projections.
In all districts no building and no part of a building shall be erected within or shall project into a required yard except cornices, eaves, gutters or chimneys projecting not more than 24 inches, bay windows not extending through more than one story and not projecting more than five feet and uncovered steps and ramps.
§ 208-68 Visibility at intersections.
In order to maintain clear sight distance at intersections, a clear sight triangle free from obstruction shall be required at all intersections of roadways and all intersections of driveways with roadways.
A.
Sight distances of a clear sight triangle shall be 60 feet in length. Sight distances of a clear sight triangle shall be measured along street centerlines from their point of intersection.
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B.
Within the area of a clear sight triangle, obstructions to visibility shall not be permitted between three feet and seven feet above the grade of the roadway. Within this area no wall, fence, building or structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained; except under the following circumstances:
(1)
Fences or walls up to but not exceeding three feet above the grade of the roadway may be permitted within the clear sight triangle when in compliance with § 208-69, Fences and walls.
(2)
Hedges, shrubs, or other vegetation up to but not exceeding three feet above the grade of the roadway may be planted and maintained within the clear sight triangle.
(3)
Shade or street trees may be maintained within a clear sight triangle when it is determined that the size, number, and arrangement does not impede adequate visibility. Street trees shall be limbed up to seven feet above the sidewalk, in accordance with § 174-9, and all other trees within the clear sight triangle shall be limbed up to seven feet above the grade of the roadway.
(4)
Any other potential obstruction, such as sign post or lamppost, with a width or diameter under one foot may be permitted.
(5)
Nothing herein shall be construed to permit the private use or occupancy of land within the ultimate right-of-way.
§ 208-69 Fences and walls.
A.
All fences and walls in excess of four feet in height shall be prohibited forward of the furthest most forward point of the front facade of the principal building on each lot, provided that retaining walls greater than four feet in height required to stabilize changes in elevations shall be permitted to a height one foot above ground elevation retained.
B.
Fences and walls may be permitted within the required side and rear yard for each lot to a maximum height of six feet six inches above ground level. On any corner lot, fences shall be allowed on three sides of the property to a maximum height of six feet six inches, provided that the fence complies with Subsection C below.
C.
A fence or wall may not be erected in or interfere with the clear sight triangle except as provided for by § 208-68, Visibility at intersections.
D.
All fences shall be erected with the finished side of the fence facing adjacent properties. The finished side shall be considered the side without exposed structural supporting members.
§ 208-70 Forestry activities.
A.
Forestry activities shall be a permitted use by right in all zoning districts in the Borough.
B.
Forestry activities shall be completed in accordance with any and all state and federal regulations, including, but not limited to, any regulations adopted by the Department of Conservation and Natural Resources, and shall be in accordance with recognized natural resource conservation practices, but shall not permit any structures or land development.
§ 208-71 Public open space and conservation areas.
It shall be permissible in any zoning district to establish a public open space or conservation area. Such open space or conservation areas shall be dedicated or deed-restricted for open space, forest, stream, or wildlife preservation, or for some other general conservation purpose. Such open space or conservation areas may include a recreational facility or park, so long as it is owned or operated by the Borough or other governmental agency.
§ 208-72 Minimum lot frontage.
A.
Each and every lot created for single and separate ownership shall be provided with a minimum continuous frontage equal to the required lot width at the building setback line along the ultimate right-of-way of a street, or legal right-of-way where ultimate and legal are coterminous; except for flag lots or lots situated around the bulb of a cul-de-sac, in which case the minimum frontage lot shall equal 25 feet.
§ 208-73 Lighting.
A.
General standards. Outdoor lighting for all residential and nonresidential uses shall be designed to minimize undesirable off-premises effects.
(1)
No use shall produce glare off the premises by illumination originating on the premises. Glare is defined as the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted and which cause annoyance, discomfort, or loss in visual performance or visibility, for any period of time, no matter how short in duration.
(2)
No bare or direct light source shall be visible beyond the lot lines. All lights shall have a full cutoff fixture, which is defined as a light fixture with light distribution pattern that results in no light being projected at or above a horizontal plane located at the bottom of the fixture. This applies to all pole-mounted lights, building-mounted lights, sign lights, walkway lights, and any other type of illumination. No light shall shine directly into windows or onto streets and driveways off the premises. These standards shall not apply to holiday lights that are temporarily displayed during holiday seasons.
B.
Nuisance. No lighting of private property shall be permitted that shall cause a hazard or a nuisance to abutting roads and properties.
(1)
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, reorient or remove the light fixtures in question, with the advice 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 safely.
§ 208-74 Compliance with subdivision and land development provisions.
For any development or land development, all procedural requirements in Chapter 184, Subdivision and Land Development, must be complied with prior to the issuance of any zoning permit or certificate of occupancy. Development or land development shall be considered:
A.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
(2)
Division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B.
A subdivision of land.
C.
Development involving:
(1)
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(2)
The addition of any nonresidential accessory building on a lot or lots subordinate to an existing principal building; or
(3)
Changing or altering a nonresidential parking lot, to include adding parking, altering parking spaces or changing traffic pattern, etc.
§ 208-75 Private ownership and maintenance of common elements.
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 homeowners' 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 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 plan approval of the Borough Council.
§ 208-76 Staging of development.
If a development is to be carried out in stages, each stage shall be so planned that all requirements of this chapter shall be fully complied with at the completion of any stage.
§ 208-77 Transportation impact study.
A.
Intent. A Transportation Impact Study (TIS) is intended to enable the Borough to assess the transportation impacts of a proposal. Specifically, its purpose is to:
(1)
Ensure a safe and efficient transportation network for all users, including drivers, pedestrians and bicyclists.
(2)
Identify any transportation problems that may be created in the existing transportation system as a result of the proposed development.
(3)
Identify solutions to potential problems and to present mitigation improvements to be incorporated into the proposal.
(4)
Assist in the protection of air quality and the conservation of energy, and to encourage the use of public transit where available.
B.
Preparation of study.
(1)
The TIS shall be prepared by a qualified traffic engineer and/or transportation planner in accordance with PennDOT Publication 282, Appendix A, "Policies and Procedures for Transportation Impact Studies," current edition, as amended, 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 quarter-mile radius of the subject property. 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, the reviewing body may require on-site improvements, which will alleviate hazardous or congested situations, as a condition for approval.
(a)
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 as agreed upon by the applicant and the Borough Engineer.
C.
Applicability. A TIS shall be submitted when explicitly required by this chapter. Any application that requires a TIS shall not be considered complete until the TIS is submitted to the appropriate review body in accordance with the provisions of this Section.
§ 208-78 Proof of Commonwealth licensure required.
When a business conducted or proposed to be conducted within the Borough requires occupational, professional, or other licensure from the Commonwealth, the licensed individual or business shall furnish proof of such licensure to the Borough upon request. Examples of such includes but is not limited to: non-bank licenses from the Department of Banking and Securities, occupational and professional licenses from the Department of State, Lottery Retailer licenses, licenses from the Liquor Control Board, and licenses from the Gaming Control Board. Any business or individual conducting business without required licensure shall be referred to the applicable licensing agency for enforcement.