North Wales City Zoning Code
ARTICLE IV
Use Regulations
§ 208-12 Regulation of uses.
Except as provided for by law, no building, structure, land, lot or premises shall be used for any purposes other than as permitted in this chapter.
§ 208-13 Purpose.
It is the intent of this article to provide clear and specific standards for uses permitted within the various North Wales Borough zoning districts, including design standards for uses permitted in more than one district.
§ 208-14 Applicability and interpretation.
A.
When a use is proposed, the Zoning Officer shall make the final determination on which use classification described herein best or most closely defines or matches the use being proposed. If a proposed use meets the definition of more than one use classification, as defined herein, the most specific use classification which matches most precisely the proposed use shall be used.
B.
When a proposed use does not precisely match a use classification defined herein, the Zoning Officer shall determine which described use it most closely matches. If the principal use proposed is similar in most respects to a given described use, as determined by the Zoning Officer, then the proposed use shall be classified according to the use defined herein.
C.
All uses permitted by right, by conditional use or by special exception, shall be subject to the use regulations herein, as well as any applicable district regulations, and any other applicable provisions as are specified in this chapter. If there is a conflict between the use regulations herein and any other applicable regulations, the more restrictive regulation shall apply.
D.
A building, structure, or lot within the R-1, R-2, and R-3 residential districts shall be permitted only one principal use.
§ 208-15 Permitted uses.
A.
Use by right. In any given district, a use is permitted by right, provided it is listed as such in the district regulations, provided it can comply with the applicable use regulations stated herein, and provided a use and occupancy permit has been duly issued by North Wales Borough, as specified in this chapter.
B.
Use by conditional use approval. In any district, a use is permitted by conditional use approval, provided it is listed as such and meets the conditions in the district regulations, and provided it can comply with the applicable use regulations stated herein. In addition, the use is subject to approval or denial by the Borough Council. If approved, the Borough Council may impose further conditions to ensure the protection of adjacent uses and the health, safety and general welfare of the residents. Following approval and conditions of the Borough Council, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this chapter.
C.
Use by special exception. In any district, a use is permitted by special exception, provided it is listed as such in the district regulations, and provided it can comply with the applicable use regulations stated herein. In addition, the use is subject to approval or denial by the Borough Zoning Hearing Board. If approved, the Zoning Hearing Board may impose further conditions to ensure the protection of adjacent uses and the health, safety and general welfare of the residents. Following approval and conditions of the Zoning Hearing Board, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this chapter.
D.
Use by variance. Any use not permitted in the district regulations or conforming to the use regulations or applicable provisions of this chapter may be permitted if a variance for relief of those requirements is granted by the Borough Zoning Hearing Board. If approved, the Board may impose further conditions to ensure the protection of adjacent uses, and the health, safety and general welfare of the residents. Following approval and conditions of the Board, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this chapter.
E.
A use created by conditional use approval, special exception approval, or variance approval, may only undergo alteration, addition, expansion, or intensification of the use by reapplication and re-approval of the body granting original approval.
F.
Uses not permitted. Any use not listed in the district in question as explained above is not permitted.
G.
Accessory uses permitted.
(1)
An accessory use is permitted if it is listed as a permitted accessory use in the district use provisions. Accessory uses not listed as such are not permitted, except when the Zoning Officer determines a use qualifies as "subordinate and customarily incidental to" the principal use of the subject tract.
(2)
Accessory uses, when permitted, are subject to the district regulations, the provisions of the uses regulations established herein, and all other applicable sections of this chapter.
(3)
Accessory uses must be subordinate to a principal permitted use on the lot and may not in any case be a principal use.
(4)
Any proposed use that is accessory to a use that is permitted by conditional use, special exception, or variance shall require the same type of approval.
§ 208-16 Categories of permitted uses.
A.
Accessory uses.
(1)
Use A-1: Accessory dwelling unit. An accessory dwelling unit (ADU) is a dwelling unit that is accessory to a single-family dwelling that is located on the same lot. Use A-1: Accessory dwelling unit is only permitted upon special exception approval by the Zoning Hearing Board and when the following requirements are met:
(a)
Limitation. One ADU may be permitted per lot where a use B-2: Single-family detached dwelling or use B-3: Single-family semidetached (twin) dwelling is established as the principal use of the lot.
(b)
Annual registration required. The owner of an ADU must register the unit prior to occupancy and must comply with all other requirements of Chapter 92, Apartment Registration.
(c)
Occupancy.
[1]
The use permit for the ADU shall be in effect only so long as either the principal dwelling or the ADU is occupied by the owner of record of the property.
[2]
In the R-1 residential district, an ADU shall only be occupied by an immediate family member of the owner of record of the property. This restriction shall not apply in any other zoning district.
[3]
No more than three people shall occupy an ADU.
(d)
Design and development standards.
[1]
Dimensional requirements. ADUs shall meet the setback and coverage requirements for principal structures in the underlying zoning district.
[2]
Attached ADUs. ADUs that are attached to the principal building or within the principal building shall have an entrance separate from the entrance to the primary residence. This entrance may not be a part of the front facade of the primary residence.
[3]
Detached ADUs. When detached from the primary residence, the accessory dwelling unit shall be separated by a minimum distance of 10 feet from the primary residence.
[4]
Maximum size. The maximum permitted floor area of an ADU shall be the lesser of 40% of the living area of the primary residence or 1,200 square feet.
[6]
Parking. Required parking spaces associated with the accessory unit shall share the driveway of the primary residence and conform to all applicable standards of the underlying zoning district.
[7]
General design. The design of the accessory unit shall relate to the design of the primary residence by use of similar exterior wall materials, window types, door and window trims, roofing materials, and roof pitch. Windows on the ADU shall be offset from neighboring residences so as to preserve privacy.
(e)
An ADU may not be a mobile home, motor home, or trailer.
(f)
Deed restriction required. Before obtaining a building permit for an ADU, the property owner shall file with the Montgomery County Recorder of Deeds a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner stating that:
[1]
The accessory unit shall not be sold separately.
[2]
The unit is restricted to the approved size.
[3]
The use permit for the accessory unit shall be in effect only so long as either the principal residence or the accessory unit is occupied by the owner of record of the principal residence.
[4]
The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement and/or revoking of the use permit.
[5]
The deed restrictions shall lapse upon removal of the accessory unit.
(2)
Use A-2: Accessory structure, residential. A building or structure erected for the private use of the owner or occupant of a single-family dwelling, which is situated on the same lot as the residence, and used for common household purposes, storage or vehicular parking, including, but not limited to, a detached garage or carport for no more than four vehicles, storage shed, gazebo, deck, barn, private greenhouse, or shelter for up to four household pets (as defined in § 208-8). The following additional regulations must be satisfied:
(a)
All residential accessory structures shall require a zoning permit.
(b)
A maximum of two accessory structures may be permitted per lot.
(c)
The total ground floor area of all accessory structures on any one lot shall not exceed 450 square feet, unless a greater floor area is authorized by approval of a special exception by the Zoning Hearing Board.
(d)
The area of all residential accessory structures shall be calculated into the impervious surfacing on the property, unless made of demonstrably pervious surfacing.
(e)
The maximum height of all accessory buildings shall be 15 feet.
(f)
Setbacks:
[1]
No residential accessory structure may be erected or placed within the required front setback area or between the front facade of the primary building and the right-of-way.
[2]
A residential accessory structure with a footprint smaller than 200 square feet shall not be constructed closer than five feet from any side or rear property line, notwithstanding the principal building setback of the district.
[3]
A residential accessory structure with a footprint larger than 200 square feet shall be required to meet the principal building setbacks for the district in which it is located.
[4]
Notwithstanding the above, no residential accessory structure shall be constructed closer than 10 feet from any other structures, whether on the same lot or on an adjacent lot.
(3)
Use A-3: Accessory structure, nonresidential. A building or structure erected for uses customarily incidental to a nonresidential use permitted in nonresidential zoning districts and legally established as a principal use of the premises. The following additional regulations must be satisfied:
(a)
The location of the accessory structure shall not violate any district zoning provision or use in which it is located, or any aspect of an approved land development plan. An area already impervious, but not required for parking or other zoning use purposes will not be considered in conflict with an approved development plan.
(b)
A trailer, freezer, or shipping container, whether or not removed from its wheels, shall not be used as an accessory structure.
(c)
An accessory structure shall not be used to establish a new or unrelated use on the premises.
(d)
No more than a total of three accessory structures may be permitted per lot.
(e)
Setbacks:
[1]
No accessory structure may be erected or placed within the required front setback area or between the front facade of the primary building and the right-of-way.
[2]
A structure with a footprint smaller than 200 square feet shall not be constructed closer than 10 feet from any side or rear property line, notwithstanding the principal building setback of the district.
[3]
A structure with a footprint larger than 200 square feet shall be required to meet the principal building setbacks for the district in which it is located.
[4]
Notwithstanding the above, the structure shall not be constructed closer than 10 feet from any other structures, whether on the same lot or on an adjacent lot.
(4)
Use A-4: Bed-and-breakfast. A home occupation that provides one to five rooms for occasional paying guests on an overnight basis for periods not to exceed 14 days. A bed-and-breakfast is allowed only in an owner-occupied single-family detached dwelling when operated as a home occupation. Use A-4: Bed-and-breakfast is only permitted upon special exception approval by the Zoning Hearing Board and when the following requirements are met:
(a)
A bed-and-breakfast may only be located in a single-family detached dwelling.
(b)
A bed-and-breakfast home shall not have more than five guest rooms.
(c)
No guest shall stay for more than 14 consecutive days.
(d)
Meal service for guests is limited to breakfast and shall not include the sale of alcoholic beverages.
(e)
Owner shall maintain a current guest register.
(f)
Any modifications, additions, or alterations to the building are allowed only on the side and rear of the building. The structure's facade shall be maintained to appear as a single-family dwelling.
(g)
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry, the Property Maintenance Code, and/or Building Code. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
(h)
A telephone shall be provided in each guest room or, where infeasible, guests shall be provided information on the location of a telephone that is accessible to all guests at any time.
(i)
No separate kitchen or cooking facilities shall be provided in guest rooms.
(j)
The business shall employ no employees other than family members residing in the dwelling.
(5)
Use A-5: Drive-through facilities. A building, facility, or structure, or portion thereof, from which a business, product or service is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during the transaction. The following additional regulations must be satisfied:
(a)
A queuing study shall be performed to demonstrate that adequate space can be provided on-site and the queue will not spill back off-site onto adjacent accesses and/or public roadways. A plan illustrating the maximum queue is to be included in the study with appropriate documentation as to how the maximum queue was calculated. The plan must also demonstrate that safe pedestrian access can be provided to and from the building and adjacent parking spaces.
(b)
Lots fronting an arterial highway shall provide ingress to the drive-in facility from an aisleway that is no less than 12 feet in width within the interior circulation of the lot.
(c)
Ingress to the drive-in-facility must occur from an aisleway within the interior circulation of the lot, and not directly from an arterial highway.
(d)
Egress from the drive-in-facility shall not occur within 15 feet from a pedestrian entrance or exitway to the building.
(e)
A clearly marked crosswalk located from the entryway(s) to the parking lot situated perpendicular to the drive-through stacking lane that, in addition to paint, is in a physical form sufficient to alert drivers of potential pedestrian/vehicle conflicts.
(f)
A drive-through facility shall not be located within the front yard area.
(g)
The use must have direct access to Main Street or Walnut Street.
(h)
There shall be only one point of ingress and only one point of egress to Main Street or Walnut Street.
(6)
Use A-6: Family child-care home. As defined by 55 Pa. Code § 3290, Family Child Care Homes are "facilities in which out-of-home care is provided, at any one time, for part of a twenty-four-hour day to four, five or six children who are not related to the operator and who are 15 years of age or younger." Furthermore, such facilities may be private or public, profit or nonprofit. Use A-6: Family child-care home is only permitted upon special exception approval by the Zoning Hearing Board and when the following requirements are met:
(a)
A family child-care home may only be located in a single-family detached dwelling.
(b)
Any addition or improvement to an existing residential structure or property for purposes of child care shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure.
(c)
When an outdoor play area is provided there shall be fencing of adequate height (four-foot minimum) along the perimeter of any outdoor play area in order to physically contain the activity of children. Play equipment, such as a swing set or slide, shall not be located closer than 10 feet from any property line.
(d)
An on-site dropoff area shall be provided with sufficient area to allow the temporary parking of at least two vehicles.
[1]
An existing driveway may be used for the dropoff area if it can be demonstrated that there is sufficient space available in the driveway, which is not otherwise occupied or committed, to safely accommodate two parked vehicles. If a driveway is used for the dropoff area and the property fronts an arterial or collector street, then an on-site turnaround area shall be provided so that vehicles can exit the site driving forward.
[2]
In cases where the existing driveway cannot function as a dropoff area, new on-site dropoff spaces shall be provided.
(e)
Hours of operation. The hours of operation shall be limited to the hours between 6:30 a.m. and 6:00 p.m.
(f)
All facilities must have a certificate of compliance (license) from the PA Department of Human Services in order to operate. Proof of licensure shall be provided to the Borough upon request.
(g)
The requirements herein shall not apply to care provided relatives or care furnished in places of worship during religious service.
(h)
In addition to the requirements herein, compliance with all applicable provisions of 55 Pa. Code Chapter 3290 is required.
(7)
Use A-7: Home-based businesses. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling. Home occupations are further categorized as either use A-7a: No-impact home-based business or A-7b: Minor home-based business:
(a)
Use A-7a: Home-based business, no-impact. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
[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 involve any illegal activity.
(b)
Use A-7b: Home based-business, minor. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which may involve no more than one employee and limited customer or client appointments on-site. Use A-7b: Minor home based-business is only permitted upon special exception approval by the Zoning Hearing Board and when the following requirements are met:
[1]
A minor home based-business may only be established where a single-family dwelling is the principal use of the lot.
[2]
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
[3]
A maximum of one employee that need not reside in the residence may work on-site at any given time.
[4]
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
[5]
The hours of operation, hours of dropoff/pickup of clients or their belongings, and times of delivery to/from the premises shall be limited to the hours between 8:00 a.m. and 8:00 p.m.
[6]
There shall be no outside appearance of a business use, except for any signage as may be permitted by Article XVIII, Signs.
[7]
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.
[8]
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.
[9]
When the business activity is conducted within the dwelling, it may not occupy more than 25% of the habitable floor area. Legally established accessory structures may be utilized for the business purpose.
[10]
The business may not involve any illegal activity.
(8)
Use A-8 Outdoor dining. An outdoor area that is accessory to use D-7: Microbrewery/microdistillery/microwinery, D-11: Restaurant, dine-in or D-12: Restaurant, take-out where customers may eat and/or drink the items purchased at the associated food/beverage service establishment. The following additional regulations must be satisfied:
(a)
Outdoor dining shall not obstruct or interfere with pedestrian circulation on or off site and shall have unobstructed aisles and entrances. When conducted in the right-of-way, a minimum of five feet of sidewalk width must remain unobstructed.
(b)
A minimum of five feet shall be maintained between fire hydrants and outdoor dining areas.
(c)
Outdoor dining areas shall be kept sanitary, neat, and clean at all times. It shall be kept free from accumulation of food, litter, snow, ice, and any dangerous or unsanitary matter.
(d)
If located in a parking lot or street right-of-way, the outdoor dining area must by physically separated from drive aisles, parking spaces, or any motor vehicle traffic area by a railing, fence, planter box, or combination thereof.
(e)
Any encroachment into a street, public parking lot, shared driveway, or other area to which the owner of the establishment seeking outdoor dining does not have full and sole ownership over shall be approved by any owners or holders of easements or rights to the area prior to establishing any outdoor dining area.
(9)
Use A-9: Outdoor storage. The open-air keeping of junk, material, merchandise, equipment, or any goods in an uncovered/open area, or unenclosed building for more than 24 hours. The following additional regulations must be satisfied:
(a)
All outdoor storage areas must be located within the building envelope, as created by the applicable dimensional requirements. In addition, no outdoor storage area shall be located between the primary building(s) on a site and public streets, nor shall it be located closer than 15 feet to any side or rear property line, nor 15 feet from any structure. Furthermore, no part of a public right-of-way, buffer area, stormwater management systems, or required parking spaces shall be used for outdoor storage.
(b)
Where permitted, outdoor storage areas shall occupy an area less than 25% of the ground floor area of the principal building or structure.
(c)
In order to shield outdoor storage facilities from direct view from adjacent properties and the public right-of-way at ground level and to prevent access by children and members of the general public, all outdoor storage facilities shall be completely enclosed by either walls or fencing at least six feet in height with self-closing, self-latching gates/doors with a secure lock. In the event that the required walls/fencing does not adequately screen an outdoor storage facility, high density landscaping sufficient to screen the storage area from view shall be required.
(d)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
(e)
All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
(f)
The practice of storing or depositing any abandoned or junked automobiles, vehicles, machinery or discarded equipment of any kind, or parts thereof, in or on any public or private property, vacant or occupied within the Borough of North Wales shall be deemed to be and constitute a nuisance and is hereby prohibited.
(g)
All solid and liquid wastes shall be disposed of in a timely basis and in an environmentally safe manner.
(10)
Use A-10: Refuse collection facilities. The storage of refuse inside a building or within an outdoor area completely enclosed by either walls or opaque fencing (a dumpster enclosure). The following additional regulations must be satisfied:
(a)
Outdoor refuse collection facilities.
[1]
Such facilities shall be architecturally compatible with the principal building(s) on-site.
[2]
Such facilities may only be located in the side or rear yards; such facilities must be set back at least 10 feet from all property lines.
[3]
Such facilities shall be completely enclosed by either walls or opaque fencing at least six feet in height with self-closing and self-latching gates. No chain-link fences or cinder block shall be used for such enclosures.
[4]
Such facilities shall be designed in a manner which can accommodate large collection trucks.
[5]
Landscaping is encouraged around such facilities.
(b)
Indoor refuse collection facilities. Refuse collection facilities located inside of a building shall be monitored and managed by the property owner, property manager, or other property maintenance personnel and shall be kept sanitary at all times; the collection of refuse shall occur no less than once per week.
(11)
Use A-11: Solar energy system. A solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices and related equipment that converts solar energy into usable electric energy. A solar energy system may be established as an accessory use only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. Solar energy systems include the following categories:
(a)
Use A-11a: Roof-mounted solar energy systems. A solar energy system located on the roof of any legally permitted building or structure that produces electricity. The following additional regulations must be satisfied:
[1]
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.
[2]
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
[4]
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
[5]
All solar panels shall have an anti-reflective coating.
[6]
All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
[7]
Owners of solar energy systems are encouraged but not required to obtain solar easements from neighboring landowners to ensure solar access. The Borough does not guarantee and will not protect any individual property rights with respect to solar access.
(b)
Use A-11b: Ground-mounted solar energy systems. A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity. The following additional regulations must be satisfied:
[1]
Ground-mounted solar energy systems may only be located between the rear face of the principal building on-site and the rear property line.
[2]
The minimum setbacks from property lines shall be 10 feet.
[3]
All solar panels shall have an anti-reflective coating.
[4]
For purposes of determining compliance with coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, and inverters shall be considered pervious coverage provided that pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.
[5]
Owners of solar energy systems are encouraged but not required to obtain solar easements from neighboring landowners to ensure solar access. The Borough does not guarantee and will not protect any individual property rights with respect to solar access.
(12)
Use A-12: Swimming pool, residential. A body of water or receptacle for water having a depth at any point greater than 24 inches which is primarily used or intended to be used for swimming or bathing. Wading pools are exempt from these provisions and are considered temporary pools if made of plastic, light metal, or other light duty materials which do not exceed a full volume depth of 24 inches at the lowest point, and which are completely emptied of water when not in use. The following additional regulations must be satisfied:
(a)
A zoning permit shall be required to locate or construct a residential swimming pool.
(b)
The surface area of the water within a swimming pool shall be included in the calculation of impervious surface area for the lot.
(c)
Location. A swimming pool, filters, pumps and other mechanical equipment shall not be located within the required side and rear yard areas, within front setback area, or between the front facade of the primary building and the right-of-way.
(d)
Swimming pools, whether above or below ground, not removed prior to the first day of November each year shall be considered permanent and are required to meet the zoning district requirements with respect to impervious surface.
(e)
At the time of application for a zoning permit it shall be demonstrated that the drainage, including stormwater runoff, for a pool is adequate and will not interfere with the water supply system, existing sewage facilities, public streets, and shall not drain onto a neighboring property.
(f)
Water contained in swimming pools must be kept healthy and sanitary at all times and shall not emit offensive odor that creates a nuisance or unhealthy condition.
(g)
Abandoned pools must be removed or appropriately filled in and covered under ground.
(h)
The pool shall meet current UCC regulations or shall be completely enclosed by a fence or wall not less than four feet in height, with a self-locking gate as access. In addition, swimming pools equipped with elevated platforms or walkways that are at least four feet above the ground need not be fenced if the design prevents access by ladders or steps which can be made inaccessible and locked when not attended or in use.
B.
Residential uses.
(1)
Use B-1: Single-family attached dwelling (townhouse). A single-family attached dwelling, also known as a "townhouse" or "rowhouse," is a single-family attached or semidetached (in the case of end units) dwelling within a multi-dwelling building, consisting of at least three but no more than eight such dwelling units, with each unit occupying the total space from ground to roof, and joined to each other by not more than two vertical, common party walls, which also serve as the lot line dividing the properties.
(2)
Use B-2: Single-family detached dwelling. A dwelling unit designed and used exclusively as the residence for only one family, that is the only dwelling unit located on the parcel it is situated on, and that is not attached to any other structures or dwelling units, except accessory structures permitted in this chapter.
(3)
Use B-3: Single-family semidetached (twin). A dwelling unit designed and used exclusively as the residence for only one family, that is the only dwelling unit located on the parcel it is situated on, and that is attached to one other such dwelling unit along a shared party wall that acts as a lot line separating the two dwelling units and parcels of land.
(4)
Use B-4: Two-family detached dwelling (duplex). A building having two separate dwelling units, one over the other or side-by-side. Both dwelling units are located on a single parcel and are under common ownership. The following additional standards shall be satisfied:
(5)
Use B-5: Mobile home park. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more lots, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of mobile homes. The following additional standards shall be satisfied:
(b)
Maximum permissible density. The maximum permitted residential density shall be eight dwelling units per acre.
(c)
Distance between mobile home units. The minimum distance between mobile home units shall be 25 feet.
(d)
Recreation and open space. A minimum of 20% of the total lot area occupied by a mobile home park shall be provided as common open space for use by the residents of the development for active or passive recreation.
(e)
Nonresidential units. No part of a mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing, recreation and well-being of the residents and for the management and maintenance of the park (such as a store, laundromat or office not exceeding 2,000 square feet).
(f)
Lighting facilities. Lighting facilities shall be required for the safety and convenience of residents. These facilities shall be arranged in a manner which will protect streets and neighboring properties from unreasonable glare or hazardous interference of any kind.
(g)
Accessory uses and structures customarily incidental to the maintenance, servicing and well-being of mobile home park residents shall be permitted only as part of an approved development plan for the site.
(6)
Use B-6: Multifamily development. A multifamily development is a residential building containing at least three permanent dwelling units in a variety of combinations, including side-by-side, over and under, or back-to-back with another dwelling unit. The following additional standards shall be satisfied:
(a)
Minimum unit size. Dwelling units in a multifamily development must meet or exceed the following minimum unit sizes:
(b)
Shared access. The dwelling units may share outside access and internal hallways, lobbies and similar facilities.
(c)
Lotting. The dwelling units cannot be individually lotted, but shall share a lot or parcel on which the building is located; except under condominium law.
(d)
Multiple buildings permitted. When two or more multifamily buildings are proposed, they shall be separated by a minimum distance of 30 feet, in addition to required zoning district setbacks.
(e)
In order to mitigate potential impacts from the proposed development, any multifamily development with eight or more units must also satisfy the following requirements:
[1]
Landscape buffer required. A landscaped screen buffer 15 feet in width shall be provided along the side and rear property lines in order to screen the development from neighboring properties.
[2]
Refuse collection facilities required. A refuse collection area that is convenient for access by residents and meeting the requirements of use A-10: Refuse collection facilities shall be provided on site.
[3]
Centralized postal service hub(s) required. In order to ensure efficient and secure postal service, a central location where residents' mail and parcels/packages may be delivered shall be provided on-site. Each building in a multifamily development must either offer a single mailroom where all residents may receive mail, or an exterior cluster of mailboxes that limits the number of delivery locations for postal workers.
(f)
Accessory uses. Any accessory use on the same lot with and that is determined to be customarily incidental to this use by the Zoning Officer is permitted. Such accessory use(s) may include, but is not limited to, any administrative offices, laundry facilities, refuse collection facilities, or recreation facilities that are used exclusively by residents, their visitors, or employees.
(g)
Transportation impact study required. In order to analyze and mitigate potential traffic impacts associated with the proposed development, a transportation impact study shall be required for any multifamily development with 25 or more dwelling units. Transportation impact studies shall be prepared pursuant to § 208-77, Transportation impact study, of this chapter.
C.
Community service and institutional uses.
(1)
Use C-1: Cemetery. An area of land used or intended to be used for the burial of the dead, dedicated for such purposes and licensed by the state authority having jurisdiction. The following additional standards shall be satisfied:
(a)
No more than 10% of the lot area may be devoted to accessory buildings not serving as burial markers or memorials.
(b)
A forty-foot screening or opaque buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.
(c)
Any entrance features such as gates or columns shall not exceed 15 feet.
(d)
Crematoriums shall not be permitted within a cemetery.
(2)
Use C-2: Club/lodge. A building or portion thereof that houses the headquarters or meeting place of members of a non-profit organization where educational, social, or recreational activities take place. Only members of the organization or authorized guests attend events at a club/lodge.
(3)
Use C-3: Day-care facility. A facility and associated outdoor play areas in which out-of-home care is provided for part of a twenty-four-hour day for seven or more children under the age of 15 or any number of persons over the age of 15. Such use shall be distinct from use A-6: Family child-care home. The following additional standards shall be satisfied:
(a)
When such facilities meet the definition of a child-care center, pursuant to 55 Pa. Code Chapter 3270, or a group child-care home, pursuant to 55 Pa. Code Chapter 3280, strict compliance with all applicable regulations is required. Furthermore, proof of licensure shall be provided to the Borough upon request.
(b)
Such facilities shall include constant supervision of clients during all hours of operation.
(c)
Any outdoor play area shall be enclosed by fencing four to six feet in height in order to physically contain the activity of clients. Play equipment, such as a swing set or slide, shall not be located closer than 10 feet from any property line.
(d)
A minimum of 40 square feet of interior floor area shall be provided for each client, excluding any area of hallways, kitchens, staff areas, utility rooms and bathrooms.
(e)
A dropoff/pickup area with sufficient capacity for one parking space per 20 clients shall be provided on site. The parking spaces for dropoff/pickup may be the same as required by the minimum parking requirements of this chapter.
(4)
Use C-4: Educational institutional. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that provides a broad educational curriculum to individuals enrolled therein, and is licensed by the State Department of Education, including private and public kindergartens, elementary schools, junior and senior high schools, colleges, universities, trade schools, and theological schools. The following additional standards shall be satisfied:
(a)
Building spacing. The distance between the closest points between any buildings shall be not less than 25 feet.
(b)
Transportation impact study required. In order to analyze and mitigate potential traffic impacts associated with the proposed development, a transportation impact study shall be required. Transportation impact studies shall be prepared pursuant to § 208-77, Transportation impact study.
(c)
Fencing. Fencing surrounding outdoor recreation areas, such as sports courts, shall be required and may be as high as 12 feet provided that the fence is set back a minimum of 10 feet from all property lines.
(5)
Use C-5: Emergency services. A facility that provides ambulance, fire, police, rescue, and other emergency services of a municipal or volunteer nature.
(6)
Use C-6: Hospital. An institution providing human health care services primarily as an in-patient facility, and offering clinical, temporary, or emergency medical or surgical care procedures to the sick and injured, and licensed by the commonwealth to provide such facilities and services. A hospital includes not only the facilities where such service is rendered, but includes related facilities such as laboratories, outpatient departments, training facilities, central services, and staff offices that are essential to the service delivery. The following additional standards shall be satisfied:
(7)
Use C-7 Library, museum, or community center. A facility that is open to the general public or a subset thereof (e.g., senior citizens) for educational, social or recreational programs and other community uses, and owned and operated by a civic, educational, municipal, religious, or tax-exempt entity. The following additional standards shall be satisfied:
(8)
Use C-8: Place of worship. A church, synagogue, temple, mosque, or other place of religious worship. The following additional standards shall be satisfied:
(a)
Any accessory use on the same lot with and customarily incidental to this use is permitted, including any accessory administrative offices, educational institutional, residence(s), or day-care facility.
(b)
If the place of worship is located on a parcel of property in conjunction with use C-4: Education institution, as defined in this article, the minimum lot size shall be five acres and the use conditions associated with use C-4: Education institution shall also apply.
(9)
Use C-9: Residential care facility. A facility in which residents that are elderly, ailing, or recovering from illness/injury reside within rentable rooms or dwelling units and where they have access to skilled medical care and are provided supervision or assistance with activities of daily living. The following additional standards shall be satisfied:
(a)
Leasable dwelling units may contain kitchen facilities and any other facility that a traditional dwelling unit may contain.
(b)
Accessory uses. Any accessory use on the same lot with and that is determined to be customarily incidental to this use by the Zoning Officer is permitted. Such accessory use(s) may include but is not limited to any administrative offices, laundry facilities, refuse collection facilities, or recreation facilities that are used exclusively by residents, their visitors, or employees.
(c)
Transportation impact study required. In order to analyze and mitigate potential traffic impacts associated with the proposed development, a transportation impact study shall be required for any residential care facility with 25 or more beds. Transportation impact studies shall be prepared pursuant to § 208-77, Transportation impact study, of this chapter.
D.
Commercial uses.
(1)
Use D-1: Age-regulated use. An age-regulated use shall include the following uses as defined in § 208-8: adult use, bail bond agency, check cashing business, gun shop, hookah bar, pawnshop, payday lender, shooting range, and smoke shop. Any business that sells or offers products containing Delta-8 THC (tetrahydrocannabinol) or Kratom, and any business that permits or sanctions off-track betting or gambling on horse racing outside a racetrack shall also be considered an age-regulated use. These enumerated uses have statutory limitations that allow patronage only by individuals 18 years of age or older; however, a minor individual may accompany an adult under certain circumstances (e.g., an individual under 16 years of age may not use a shooting range unless accompanied by a person 18 years of age or older, pursuant to 58 Pa. Code § 135.181). The following additional regulations must be satisfied:
(a)
No age-regulated use shall be located on a lot that directly abuts a lot occupied by an existing residence, place of worship, public or private school, playground, or park.
(b)
Age-regulated uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of age-restricted activities, products, or materials from outside the building. No exterior display of products or activities shall be permitted, except for a sign that identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article XVIII, Signs, of this chapter.
(c)
If any portion of a proposed use meets the definition of an age-regulated use, then the use shall be considered an age-regulated use and shall comply with the requirements of use D-1: Age-regulated use.
(2)
Use D-2: Animal care. A facility dedicated to the care of dogs, cats, or other common household pets (see § 208-8 for the definition of "household pet"). Such use may include veterinary care and the overnight boarding, breeding, grooming, sale, training, and the like for household pets. The following additional standards shall be satisfied:
(3)
Use D-3: Bank. A building or portion thereof where the primary use is the processing of credit or monetary transactions, including a savings and loan association, credit union, and other financial establishment. Use A-5: Drive-through facility may be established as an accessory use to a bank provided that all requirements of the use are met.
(4)
Use D-4: Event facility. A facility that primarily rents space in a building, structure, and/or lot for private, pre-scheduled events. Such facilities are not open to the general public during events and attendees are limited to those renting the facility and their invited guests. Examples of private events include weddings, bar or bat mitzvahs, birthday parties, conferences, or other family/community/professional social events. The following additional standards shall be satisfied:
(5)
Use D-5: Funeral home. A building or portion thereof used for human funeral services or wakes. Such facilities may contain provisions for chapel, embalming, viewing, and other services used in preparation of the deceased, including the storage of caskets, supplies, and funeral vehicles.
(6)
Use D-6: Gasoline service station. A facility where the primary use is the storage, dispensing and supply of gasoline, other petroleum fuels, and/or alternative fuels for vehicles are sold. Same-day, light maintenance activities such as oil changes, lubrication, battery and tire replacement, or other minor repairs on vehicles may be performed on premises when undertaken within an enclosed building. Gasoline service stations shall not include heavy automotive maintenance and repair activities such as engine overhaul, transmission, painting or body work. The following additional standards shall be satisfied:
(a)
Transportation impact study required. In order to analyze and mitigate potential traffic impacts associated with the proposed development, a transportation impact study shall be required. Transportation impact studies shall be prepared pursuant to § 208-77, Transportation impact study.
(b)
Queuing study required. A queuing study shall be performed to demonstrate that adequate space can be provided on site and the queue will not spill back off-site onto adjacent accesses and/or public roadways. A plan illustrating the maximum queue is to be included in the study with appropriate documentation as to how the maximum queue was calculated. The plan shall also demonstrate that safe pedestrian access can be provided to and from the building and adjacent parking spaces.
(c)
No more than two repair bays may be included at a use D-6: Gasoline service station; any facility exceeding this capacity shall be deemed use F-2: Automobile sales or service.
(d)
No storage or servicing of vehicles shall be permitted outdoors. Any storage or service of vehicles shall only occur within an enclosed building. This shall not preclude the temporary parking of vehicle by customers.
(e)
All activities except those performed at fuel or air pumps shall be performed within an enclosed building.
(f)
No merchandise may be displayed in front of the building line facing a public street, or under any canopy area.
(h)
Canopy design. Where canopies, awnings, or similar shelter from the elements are provided over fuel pumps or other customer areas they shall comply with the standards herein.
[1]
All canopies shall comply with the setback requirements for principal structures in the underlying zoning district.
[2]
Canopies shall be set back at least 15 feet from property lines and ultimate rights-of-way lines and 50 feet from abutting residentially zoned properties.
[3]
Canopies shall have a maximum height of 16 feet measured to the underside of the canopy.
[4]
Lighting for canopies shall use full cutoff flat lens luminaires.
[5]
Canopies shall use pitched roofs (4:1).
(i)
Use D-13b: Retail store may be established as a complementary or accessory use to a gasoline service station provided that all requirements of the use are met.
(7)
Use D-7: Microbrewery, microdistillery, or microwinery. A building or portion thereof wherein the production, packaging, sampling, sale, and on- or off-premises consumption of beer, wine, cider, malt beverages and/or distilled liquors occurs. Production of beer, wine, cider, malt beverages and/or distilled liquors shall not to exceed a combined total of 100,000 gallons annually. Such use may be associated with use D-11: Dine-in restaurant. The following additional standards shall be satisfied:
(a)
The facility shall be licensed by the Pennsylvania Liquor Control Board.
(b)
Use A-8: Outdoor dining may be established as an accessory use to a microbrewery, microdistillery, or microwinery, provided that all requirements of the use are met.
(c)
Production of beer, wine, cider, malt beverages and/or distilled liquors exceeding a combined total of 100,000 gallons annually shall be considered use F-7: Manufacturing, processing, and production.
(8)
Use D-8: Mixed use. A building that contains at least two residential dwelling units and at least one nonresidential use. The following additional standards shall be satisfied:
(a)
Dwelling units shall not be located within the ground floor of any mixed use building. This shall not preclude incidental pedestrian entrances on the ground floor that lead to a dwelling elsewhere in the building.
(b)
Regardless of the number of residential dwelling units proposed, the use regulations for use B-6: Multifamily development as set forth in § 208-16B(6) shall apply to all mixed use buildings.
(c)
Only those uses which are expressly permitted in the applicable zoning district shall be permitted in a mixed use building. The applicable use regulations for said use(s) shall be complied with.
(9)
Use D-9: Overnight lodging. Overnight lodging includes hotels, motels, inns, bed-and-breakfasts, and similar uses where guests may rent a room on a nightly basis for a fee. The following additional standards shall be satisfied:
(a)
No guest rooms may be located on the ground level.
(b)
No guest shall stay for more than 14 consecutive days.
(c)
The owner or manager shall maintain a current guest register.
(d)
No cooking facilities shall be permitted in guest rooms.
(e)
If meal service is provided, owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
(f)
Each overnight lodging facility shall be equipped with smoke detectors, fire extinguishers and shall be structured in accordance with requirements of the Pennsylvania Department of Labor and Industry and the BOCA Code, the Building Code of the Borough of North Wales. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
(g)
A telephone shall be provided in each guest room or, where infeasible, guests shall be provided information on the location of a telephone that is accessible to all guests at any time.
(h)
All overnight lodging facilities will be licensed annually and shall be inspected annually by the Borough's building inspectors.
(10)
Use D-10: Recreation facility. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses providing private or public walk-in or regularly scheduled recreation-oriented activities. Examples of such facilities include, but are not limited to: arcade, billiard hall, bowling alley, health club, skating rink, golf course or driving range, and athletic fields or courts. Such use shall not include theaters or racing tracks.
(11)
Use D-11: Restaurant, dine-in. A building or portion thereof where food and beverages are sold for direct consumption on the premises to persons seated within the building. Customers are normally served by a restaurant employee while seated at the table or counter at which said items are consumed. A dine-in restaurant may include carry-out services, but shall not include establishments where food service is subordinate or incidental to the consumption of alcoholic beverages, entertainment, or to the sale of merchandise or non-food-related services. See also use D-12: Restaurant, take-out, and use D-7: Microbrewery/microdistillery/microwinery.
(a)
Use A-8: Outdoor dining may be established as an accessory use to a dine-in restaurant provided that all requirements of the use are met.
(12)
Use D-12: Restaurant, take-out. A building or portion thereof where food and beverages are sold primarily in single-use or disposable containers for take-out and where the food/beverages are primarily consumed off-site. Customers generally pay for their food/beverage prior to consumption either at a counter or by paying ahead of time via computer/phone. Limited sit-down service may be provided when is incidental to the take-out function and does not occupy more than 20% of the gross floor area of the use. See also use D-11: Restaurant, dine-in, and use D-7: Microbrewery/microdistillery/microwinery.
(13)
Use D-13: Retail facility. A building or portion thereof involved in the sale, lease, or rental of new or used products. The goods and services included under use F-2: Automobile sales or service, and use D-1: Age-regulated use shall be a separate and distinct from a retail facility. Retail uses are further categorized as follows:
(a)
Use D-13a: Retail, specialty. A small retail facility that specializes in the sale of a particular product or product line. Specialty retail shall occupy a maximum of 5,000 square feet; any use meeting the standards of use 13a: Specialty retail but which exceeds 5,000 square feet shall be considered use D-13b: Retail store.
(b)
Use D-13b: Retail store. A retail facility that may sell a wide range of goods. Examples of retail stores are supermarkets, department stores, discount stores, and specialized retail exceeding 5,000 square feet in gross floor area. The following additional standards shall be satisfied:
(c)
Medical marijuana dispensaries, as defined by the Medical Marijuana Act,[1] shall be considered use D-13b: Retail store.
[1]
Medical marijuana dispensaries shall be considered use D-13b: Retail store regardless of the square footage of the facility.
[2]
Medical marijuana dispensaries must comply with the requirements of the Medical Marijuana Act, the regulations of the Department of Health, and all other regulations from the Commonwealth of Pennsylvania and the County of Montgomery. In accordance with the Medical Marijuana Act, a medical marijuana dispensary shall not permitted to be located within 1,000 feet of the property line of a public, private or parochial school or day-care center.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(14)
Use D-14: Service/personal care establishment. A building or portion thereof engaged in providing service involving the care of a person or personal items. A personal care business requires direct, physical contact with the customer in the performance of a personal service. Examples of such use includes barbers, beauticians, nail manicurists, estheticians, tattoo parlors, tanning salons, massage parlors, tailors, and seamstresses. The following additional standards shall be satisfied:
(a)
When such use requires a license from the Commonwealth Department of Professional Occupations, proof of licensure shall be provided to the Borough.
(15)
Use D-15: Studio. The workshop and/or gallery of an artist, sculptor, photographer, or performance artist (musician, actor, dancer, etc.). Such use may be open to the public and offer educational events, private lessons, and may include the retail sale of artist work.
(16)
Use D-16: Tavern/bar/nightclub. A building or portion thereof wherein alcoholic beverages are served or sold at retail for consumption on the premises, of which the principal business is the sale of such beverages, and where the sale of such beverages comprises at least 75% or more of gross receipts. Such facilities must be licensed by the Pennsylvania Liquor Control Board.
(17)
Use D-17: Theater. A building or portion thereof that is used primarily for the screening of films or for the viewing of live performances such as dance, dramatic, oratorical, musical, or similar performance art. Theaters generally have a stage or dais that is distinct from the area where the general audience is located; tickets are generally required for entry to events. Such use may include associated offices, ticket windows, and limited food/beverage service when licensed by the appropriate agency.
E.
Office uses.
(1)
Use E-1: Co-working site. A building or portion thereof containing desks or other workspaces and facilities that involve a shared working environment for people who are usually not employed by the same organization. Co-working sites typically operate on a membership basis, though so-working sites may host classes or events which are open to the public or to prospective members. Common facilities such as a kitchen, meeting rooms, and the like are permitted.
(2)
Use E-2: Office, business/professional. A building or portion thereof consisting of facilities for the conducting of business by employees and which may involve public access or appointment-only customer/client interaction. Such use shall not include the offices of medical or dental professionals, which are defined as use E-3: Medical office or clinic.
(3)
Use E-3: Medical office or clinic. A building or portion thereof consisting of offices and facilities for the examination, diagnosis and/or treatment of medical or dental concerns for outpatients. Such facilities may operate by appointment-only or allow for walk-in service. A medical office or clinic may include a reception or waiting area, examination rooms, X-ray or other imaging facilities, employee breakrooms, and pharmacy facilities. Patients may remain on the premises overnight when medically necessary. See also use C-6: Hospital.
F.
Industrial uses.
(1)
Use F-1: Artisan manufacturing. A facility specializing in the manufacture and production of goods created on site by a craftsperson using hand tools and/or small-scale, light mechanical equipment. Examples of such work include pottery, fiber crafts, sculpture, leathercraft, jewelry, soaps, metalwork, cabinetry, stained glass, textile production, candle-making, and hand-made food products. Artisan manufacturing may also include demonstration/instruction in the production processes and the display or retail sale of goods produced on-site. The following additional regulations must be satisfied:
(a)
Artisan manufacturing shall not include any activity that causes noise, odor, or vibration to be detectable on a neighboring property.
(b)
Artisan manufacturing shall occupy a maximum of 5,000 square feet; any use meeting the standards of use F-1: Artisan manufacturing but which exceeds 5,000 square feet shall be considered use F-7: Manufacturing, processing, and production.
(2)
Use F-2: Automobile sales or service. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses specializing in the service and/or retail sale or rental of new or used automobiles, trucks, motorcycles, or other motorized personal vehicles. Service may include, but is not limited to, car washing and detailing, painting, body repairs, maintenance and general repairs. The following additional standards shall be satisfied:
(a)
All repair work must be performed within a building.
(b)
The storage of parts, tires, and fluids must be within an enclosed area.
(c)
Employee and customer parking shall be clearly identified and shall not be utilized for the storage of for-sale or repair vehicles except when customers are retrieving their vehicles following sale/service.
(d)
Parking spaces of for-sale or repair vehicles may be reduced to eight feet by 16 feet and may be stacked up to three cars deep.
(e)
Vehicle delivery or dropoff shall be conducted on site, or through off-site contract arrangements, but not from public streets or rights-of-way.
(f)
Display of for-sale vehicles shall not be elevated above grade and may not be located closer than five feet from any property line.
(g)
Use A-9: Outdoor storage and/or use A-10: Refuse collection facilities may be established as an accessory use to an automobile sales or service facility provided that all requirements of the use are met.
(3)
Use F-3: Building supply or home improvement. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses involved in the retail sale or wholesale of building and home improvement supplies such as bricks, concrete, lumber, plumbing, roofing materials, doors, windows, manual and power tools, landscaping and lawn equipment, garden equipment, and similar products typically purchased for construction and repair or maintenance of buildings or landscaping.
(a)
Use A-9: Outdoor storage and/or use A-10: Refuse collection facilities may be established as an accessory use to a building supply or home improvement facility provided that all requirements of the use are met.
(4)
Use F-4 Contractor's office/storage. A facility, building, lot, use, or group of facilities, buildings, and uses including offices, workshops, and/or storage of materials for services rendered in the building trades, including, carpentry, cement, electric, furniture-making, heating, painting, plumbing, roofing, landscaping, and the like. The following additional standards shall be satisfied:
(a)
All operations, other than deliveries, shall be conducted within a completely enclosed building.
(b)
No shipping or receiving shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.
(c)
Use A-9: Outdoor storage and/or use A-10: Refuse collection facilities may be established as an accessory use to a contractor's office/storage facility provided that all requirements of the use are met.
(5)
Use F-5: Dry cleaners or laundromat. A building or portion thereof specializing in or providing on-site processing for laundry, dry-cleaning, and/or clothes pressing. Self-service (coin or card operated) facilities are included in this category. Facilities that exclusively offer dropoff/pickup of personal items and do not include on-site processing for laundry, dry-cleaning, and/or clothes pressing shall be considered use D-14: Service/personal care establishment.
(6)
Use F-6: Junkyard. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded materials or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition.
(7)
Use F-7: manufacturing, processing, and production. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engaged in the manufacture or assembly of products, parts, or materials. The processing, fabrication, assembly, treatment, packaging, incidental storage, and distribution of such products is included under this use. The following additional standards shall be satisfied:
(a)
All activity must be contained entirely within a building or structure.
(b)
All use permits shall be accompanied by an application signed by a registered architect or engineer certifying that no dust, vibration, odors, or fumes will be detectable at the property lines.
(c)
Medical marijuana growing or processing shall be considered an F-7: Manufacturing, processing, and production use and must comply with the requirements of the Medical Marijuana Act,[2] the regulations of the Department of Health, and all other regulations from the Commonwealth of Pennsylvania and the County of Montgomery. In accordance with the Medical Marijuana Act, a medical marijuana grower/processor may only conduct their operations within an indoor, enclosed, secure facility equipped with an electronic locking system and electronic surveillance.
[2]
Editor's Note: 35 P.S. § 10231.101 et seq.
(8)
Use F-8: Self-storage facility. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that consist of varying sizes of compartmentalized, self-contained, and controlled access stalls or spaces. Such stalls or spaces are leased or rented for the storage of business, private, or household goods. The following additional standards shall be satisfied:
(a)
An office or residence may be established as an accessory use on-site in order to provide for a full-time caretaker.
(b)
No retail business activities other than those directly associated with the self-storage facility shall be permitted; rental of trucks or vehicles is not permitted (see use F-2: Automobile sales or service).
(9)
Use F-9: Tower-based wireless communications facility. All telecommunications facilities shall be governed by Article XVII, Wireless Communications Facilities.
(10)
Use F-10: Warehouse. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engaged in the storage, wholesale, and/or distribution of manufactured equipment, goods, materials, products, or supplies. The following additional standards shall be satisfied:
(a)
The bulk storage of chemicals and materials that are explosive, inflammable or hazardous are strictly prohibited.
(11)
Use F-11: Any other use not specifically prohibited, when permitted as a conditional use.