Springfield Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XIII
General Regulations
§ 114-130 Bulk and area provisions.
A.
Height restrictions. Unless a lower height restriction is provided for elsewhere in this chapter, or in the applicable building or fire codes of the Township of Springfield, no dwelling, building or structure shall be erected or installed so as to exceed the following height restrictions:
[Amended 7-14-1976 by Ord. No. 655; 9-13-2000 by Ord. No. 843]
(1)
Single-family detached and semidetached dwellings: 40 feet.
(2)
Two-family detached and semidetached dwellings: 40 feet.
(3)
Multifamily structures: 50 feet.
(4)
All nonresidential structures: 50 feet.
(5)
Flagpoles, ham radio towers, church steeples and similar facilities (in accordance with all applicable provisions of this Code): 65 feet.
(6)
Cellular telephone towers and AM/FM radio towers (where such other towers are not otherwise height restricted by any other applicable provision of this Code): 150 feet.
B.
Irregular rear yards. When the rear line of a lot is not perpendicular or approximately perpendicular to the side lot lines, the rear yard requirements provided in this chapter may be considered satisfied, subject to the approval of the Building Inspector, if the rear yard contains an area equal to the product of the mean width of the lot and the required rear yard depth.
C.
Lot requirements in nonsewered areas. Notwithstanding any minimum lot area requirements provided for in any district by this chapter, in cases where sanitary sewer facilities are not available, a lot area of not less than 12,500 square feet shall be required unless the Department of Health and Sanitation shall certify a lesser area as adequate in any particular case; provided, however, that this section shall not apply to industrial districts, which shall in this respect be governed by the provisions of § 114-123A of this chapter. In no event, however, shall any lot area be so reduced that the area of the lot or the dimension of any of the open spaces shall be smaller than prescribed in this chapter.
§ 114-131 Yard encroachments.
A.
Front yards. No building and no part of a building shall be erected within or shall project into the required front yard (unless a greater projection is authorized as a special exception), except:
(1)
Cornices, eaves, gutters, open balconies or chimneys projecting not more than 18 inches.
[Amended 11-10-1993 by Ord. No. 797]
(2)
Steps.
[Amended 11-10-1993 by Ord. No. 797]
(3)
Bay windows, not extending through more than one story and not projecting more than five feet.
(4)
One-story open or enclosed porches, projecting not more than eight feet.
B.
Side yards.
(2)
In residential zoning districts, accessory buildings used solely for residential purposes may be constructed within one of the side yards if:
[Amended 5-9-1984 by Ord. No. 724]
(a)
Entirely separated from the main building.
(b)
Located at least 10 feet farther back from the front building line than the rearmost portion of the main building.
(c)
Located no closer to the side property line than seven feet if constructed of wood frame or combustible material and no closer than four feet if constructed of masonry or noncombustible material.
C.
Rear yards.
(1)
No building and no part of a building shall be erected within or shall project into the required rear yard, except:
(a)
Cornices, eaves, gutters, open balconies or chimneys, projecting not more than 18 inches.
[Amended 11-10-1993 by Ord. No. 797]
(b)
Steps.
[Amended 11-10-1993 by Ord. No. 797]
(c)
Bay windows, not extending through more than one story and not projecting more than five feet.
(d)
One-story open or enclosed porches projecting not more than 10 feet, provided that a five-foot rear yard is preserved.
[Amended 11-10-1993 by Ord. No. 797]
(e)
Decks at grade level, where grade level shall be a height not to exceed 42 inches measured from the ground at the rear of the building wall, provided that a five-foot rear yard is preserved.
[Added 11-10-1993 by Ord. No. 797]
(2)
In residential zoning districts, accessory buildings used solely for residential purposes may be constructed within the required rear yard if:
[Amended 5-9-1984 by Ord. No. 724]
(a)
Entirely separated from the main building.
(b)
Located at least 10 feet farther back from the front building line than the rearmost portion of the main building.
(c)
Located no closer to the rear property line than seven feet if constructed of wood frame or combustible material and no closer than four feet if constructed of masonry or noncombustible material.
(3)
Provided further that, in the case of a lot held in single and separate ownership at the time this chapter becomes effective, in which the distance from the rear line of the lot to the line fixed by the front yard requirement as herein provided is less than 75 feet, a portion of the main building not wider than 20% of the width of the lot may project not more than 10 feet into the required rear yard.
(4)
In no case shall the distance between the rearmost point of such projection and the rear lot line be less than the minimum side yard requirement provided herein for the district in which the lot is located.
§ 114-132 Public utility buildings.
This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility, if, upon petition of the public utility, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 114-133 Dwellings.
A.
Conversion of dwelling to multiple-family use. The Zoning Hearing Board may authorize, as a special exception, the conversion of any dwelling existing at the effective date of this Article on a designed lot, into a dwelling for a greater number of families than is permitted by the district regulations in AA, A and B Residence Districts, subject to the following requirements:
(1)
The lot area per family shall not be reduced to less than 15,000 square feet in the AA Residence District; 8,000 square feet in the A Residence District; and 5,000 square feet in the B Residence District.
(2)
The yard, building area and other applicable requirements for the district shall not be reduced.
(3)
No major structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.
(4)
Such conversion shall be authorized only for a building which has relatively little economic value or usefulness as a single-family dwelling or other conforming use.
B.
Two-family or multiple dwellings in nonsewered areas.
[Repealed 4-9-1980 by Ord. No. 694]
§ 114-134 Off-street parking and loading provisions.
[Amended 4-8-1981 by Ord. No. 702]
A.
Off-street parking shall be provided for the following uses with each parking space accessible from a street and located on the lot on which such use is situated.
(1)
Any dwelling. Two parking spaces for each housekeeping unit. Garages or driveways of individual units may be considered as parking areas. No parking space shall be provided nor parking permitted in the required front yard areas of multiple dwellings.
(2)
Multifamily Apartment District. In each Multifamily Apartment District there shall be one parking place for each one-bedroom apartment dwelling unit and two parking spaces for each two-or-more-bedroom dwelling unit, plus 15% surplus parking. In no event shall there be less than 1 1/2 parking spaces per dwelling unit for the entire multifamily apartment development.
[Added 7-12-1989 by Ord. No. 771[1]]
(3)
Retail store or shop, including, without limitation, dispensary facilities. One parking space for each 100 square feet of total floor area.
[Amended 4-12-2017 by Ord. No. 950]
(4)
Restaurant. One parking space for each 50 square feet of total floor area.
(5)
Office. One parking space for each 200 square feet of total floor area.
(6)
Shopping center. Five and one-half parking spaces for each 1,000 square feet of total leasable area.
(7)
Hotel, motel, rooming house or tourist home. One parking space for each rental unit, plus one parking space per employee on the largest shift.
(8)
Church, auditorium or other place of public assemblage. One parking space for every 50 square feet of total floor area.
(9)
Hospital. One parking space for every bed, plus one parking space per employee on the largest shift.
(10)
Library or museum. One parking space for each 800 square feet of floor area devoted to public use.
(11)
Nursing home. One parking space for every 10 occupants, plus one parking space per employee on the largest shift.
(12)
Manufacturing, warehouse or grower/processor facility. One parking space for each 400 square feet of total floor area or one space per employee on the largest shift, whichever is greater.
[Amended 4-12-2017 by Ord. No. 950]
(13)
Motor vehicle sales. One parking space for each 500 square feet of total indoor sales floor area, plus one parking space for each 5,000 square feet of outside sales area for customer parking, plus three parking spaces per service bay.
[Added 9-13-1995 by Ord. No. 811[2]]
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsection A(13) and A(14).
(14)
Other uses. For uses other than those mentioned above, one parking space for each three persons of the design capacity based on the table of maximum floor area allowance per occupant in the latest edition of the Building Officials and Code Administrators Code.
B.
If any change in a building or use thereof shall occur that would increase the number of units, employees, seating capacity or floor area, an increase in off-street parking spaces in compliance with the regulations set forth in § 114-134A will be required. When a building or premise is occupied or used for two or more uses, the total number of spaces required shall be the sum of the spaces required for each use.
C.
Parking areas shall be paved with a dust-free, all-weather surface. Each individual parking space shall be a minimum of 10 feet in width by 20 feet in length and designed to permit ingress to and egress from the parking space without the moving of other vehicles. Private homes, apartments and Multifamily Apartment District dwellings may have parking spaces with a minimum of nine feet in width by 18 feet in length, and two feet of the length may overhang landscaping areas as long as concrete curbs are utilized for each such space.
[Amended 7-12-1989 by Ord. No. 771]
D.
Parking reserve areas. Parking areas for nonresidential uses may include a designated parking reserve area according to the following requirements:
(1)
The application shall be filed by the affected lot owner with the Township Zoning Officer and shall be accompanied by a plan showing the location of all proposed paving, parking reserve areas, accessways and buildings.
(2)
As a means of minimizing water runoff from excessive ground paving, a maximum of 50% of the aggregate number of spaces required according to the provisions of § 114-134A herein may be incorporated in a landscaped ground level parking reserve area if the applicant can demonstrate that the demand for parking generated by the proposed development will be less than that required.
[Amended 9-13-1995 by Ord. No. 811]
(3)
Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces normally required shall be fully designed, and the area which is proposed to be eliminated shall be shown as "parking reserve area." Such area shall be required to be developed as designed if and when the Board of Commissioners determines the need. Upon determination of the need to develop the reserve parking, the property owner shall be required to execute an agreement and post financial security sufficient to cover the cost of the required improvements as prescribed by the Township.
[Amended 9-13-1995 by Ord. No. 811]
(4)
The parking area shall be so designed that the maximum permissible impervious coverage would not be exceeded in the event that the entire parking area, including reserve area, is subsequently developed. All reserve areas not utilized for parking shall be landscaped according to a plan submitted to and approved by the Board of Commissioners.
[Amended 9-13-1995 by Ord. No. 811]
E.
Access regulations. The following street regulations shall apply to all lots developed for multifamily or nonresidential purposes:
(2)
Accessways shall be spaced a minimum of 50 feet on center on any lot. In addition, accessways shall be spaced a minimum of 50 feet on center from existing accessways on adjacent properties whenever feasible. When this is not feasible, common drives and/or the use of shared parking facilities shall be encouraged.
(3)
A maximum of one accessway to a public street shall be permitted for lots with less than 100 feet of frontage, except for a corner lot which may have an accessway on each street.
(4)
Corner lots or groups of lots with shared parking that front on two streets shall not have two points of access onto one street and none on the other, unless the placement of the second access point can be directed to a traffic signal.
[Amended 11-30-2015 by Ord. No. 937]
G.
Handicapped accessible parking requirements. The following parking requirements shall apply to all parking lots developed for multifamily or nonresidential purposes and shall be considered towards fulfilling the overall required parking:
[Added 7-12-1989 by Ord. No. 769]
(1)
Quantity:
Total Parking Spaces Provided | Minimum Handicapped Accessible Spaces |
|---|---|
Up to 9 | * |
10 to 50 | 1 |
51 to 75 | 2 |
76 to 100 | 3 |
101 to 150 | 4 |
151 to 200 | 5 |
201 to 300 | 6 |
301 to 400 | 7 |
401 to 500 | 8 |
501 to 1,000 | 2% of total |
*NOTE: Accessible ramp is required where grade, curb or obstruction exists. | |
(2)
Size and location.
(a)
Each accessible parking space shall be a minimum size of 12 by 20 feet and shall be located as close as possible to the most handicapped accessible building entrance.
(b)
The accessible parking space and the surrounding area shall be as flat as possible, allowing for proper drainage (maximum three-percent slope recommended).
(3)
Identification.
(a)
Each accessible parking space shall be identified by a permanently affixed reflectorized sign mounted four to five feet above grade displaying the international sign of accessibility.
(b)
The surface of each accessible parking space shall have a surface identification duplicating the symbol of accessibility and four-inch parking stall lines in handicapped blue paint.
(4)
Ramps.
(a)
There shall be a minimum of one ramp for each building where grade, curbing or any obstruction makes it necessary to render the building accessible.
(b)
Where grade, curbing or any obstruction necessitates the use of a ramp, such ramp shall be a minimum of three feet in width with safety railing or curb. Said ramp shall be marked with caution-warning paint.
(c)
The gradient of the ramp shall not exceed a maximum slope of one unit vertical to 10 units horizontal.
(d)
Ramps shall not encroach into any parking space.
§ 114-135 Fences and walls.
[Amended 3-10-1965 by Ord. No. 521; 9-9-1987 by Ord. No. 750]
A.
Front yards. Fences located within the front yard shall not exceed four feet in height. However, a five-foot fence may be erected if set back 10 feet from the property line, curb or edge of paving, whichever creates the greatest setback. In addition, a six-foot fence may be erected if set back 15 feet from the property line, curb or edge of paving, whichever creates the greatest setback.
B.
Side and rear yards. Fences located within the side or rear yards shall not exceed six feet in height.
C.
Exceptions. Where any ordinance or ordinances of the Township or regulations thereunder now in effect or hereafter passed or promulgated shall require a fence of a different height or nature than herein specified, for special situations, such other ordinance or ordinances or regulations thereunder shall control rather than the provisions of this section.[1] The provisions of this section shall not pertain to retaining walls or walls of a building. No fence may be erected or maintained which creates a safety hazard as determined by the Springfield Township Police Department.
§ 114-136 Sight obstruction at intersections.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.
§ 114-136.1 Private sales and auctions.
[Added 9-14-1983 by Ord. No. 717]
A.
Intent; regulations.
(1)
Intent of section. No private sale or private auction shall be conducted within or upon any private premises in the Township of Springfield except in conformance with the provisions of this section.
(2)
Permit required. No private sale or private auction shall be conducted on private premises within the Township of Springfield unless a permit shall have first been issued by the Zoning Officer permitting same.
(3)
Hours. No private sale or private auction shall be conducted on private premises within the Township of Springfield except between the hours of 9:00 a.m. and sunset on the days for which a permit is issued. No permit shall be issued for more than two consecutive days.
(4)
Temporary buildings or shelters prohibited. No temporary buildings or other shelters shall be brought or constructed upon any private premises for the purpose of being used in conjunction with the private sale or private auction.
(5)
Display area restricted. No goods or wares shall be exhibited or displayed in the public street, sidewalk area or any other public right-of-way.
(6)
Outdoor storage prohibited. No goods, wares or other items described in the definition of private sales or private auctions in § 114-21 of this code shall be stored or accumulated in or upon any yard, grounds, walkway, driveway, open porch, open patio or steps of any private premises, except on the days and during the hours for which a permit has been issued pursuant to the provisions of this section.
(7)
Refrigerators and iceboxes to have doors detached. No refrigerator or icebox having a capacity of 1 1/2 cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device, shall be displayed, offered for sale or sold at a private sale or private auction unless the attached lid or door shall first be removed and detached therefrom.
(8)
Applicability. Nothing herein contained shall apply to a sale held under a judicial order, judgment or decree or to a writ issuing out of any court or to a sale to enforce any lawful lien or power of sale or to the incidental sale of items of personal property through classified ads, provided that such items are not displayed for sale on private premises.
(9)
Application for permit. Upon filing written application with the Zoning Officer stating the date and place where the private sale or private auction is to be conducted and the type of merchandise to be sold, the Zoning Officer shall issue a permit authorizing same.
(10)
Limitation on permits. No more than one permit shall be issued for any one location during a six-month period.
B.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution.
§ 114-137 Prohibited uses.
A.
No lot or premises shall be used for any of the following uses:
B.
No lot or premises shall be used for commercial advertising on billboards (except for a business or industry conducted on the premises), or for dumping (except earth and stone fill and except as accessory to an otherwise lawful use).
C.
Except as provided in § 13-33F and G of Chapter 13, Building Construction, as amended, no trailer or other vehicle shall be used or occupied on any lot or premises in any district for any business, commercial, mercantile, industrial or institutional purpose, or for the storage of goods, wares, merchandise, machinery, equipment, tools, supplies or other materials. This prohibition shall not be construed to apply to the transportation, receiving, delivery or shipment of goods or materials by tractor-trailor or other vehicle in the ordinary course of business.
[Added 6-10-1970 by Ord. No. 596]
§ 114-138 Nonconforming uses.
[Amended 4-9-1980 by Ord. No. 694; 12-13-1995 by Ord. No. 814; 4-13-2005 by Ord. No. 871; 9-12-2018 by Ord. No. 955]
A.
The lawful use of a building or premises, which use is existing at the time the applicable ordinance became effective or is authorized by a building permit issued prior thereto, may be continued although such use does not conform to the provisions of this chapter. If such nonconforming use is discontinued for 12 consecutive months, however, a rebuttable presumption shall be established that such nonconforming use has been abandoned. Such presumption may be challenged by application and appeal to the Zoning Hearing Board, and the landowner must present sufficient evidence at a hearing to prove to the Zoning Hearing Board that the preexisting nonconforming use was not intentionally abandoned.
B.
A lawful nonconforming use of a building or land may be changed to another, less intensive nonconforming use when authorized as a special exception. In addition to demonstrating compliance with the special exception criteria contained in § 114-165 of the Code, the applicant shall also establish that:
(1)
The proposed nonconforming use on the property is less intensive than the lawful nonconforming use existing on the property beforehand;
(2)
No enlargements in or additions to such building or the nonconforming area are proposed; and
(3)
The new, less intensive nonconforming use does not result in any newly created ancillary nonconformities.
C.
Whenever a nonconforming use of a building or land has been changed to a less intensive nonconforming use or a conforming use, all rights to such previous nonconforming use shall hereinafter be considered permanently discontinued and abandoned.
D.
A lawful, nonconforming use of a portion of a building or land may be expanded within that building or land area by special exception, provided that such expansion:
E.
A nonconforming building which is damaged by fire, explosion or an act of God may be repaired or rebuilt and used for the same purpose, provided that:
F.
A nonconforming use of a building may not be changed otherwise than as provided in this section.
G.
Any new stories or other vertical expansion erected on a nonconforming structure shall be constructed to fulfill all building setback requirements, including, but not limited to, front yard, rear yard, side yard, area requirements, height limitations and special requirements, and all other applicable regulations of the zoning district in which the structure is located, which regulations shall be applied (except as to height restrictions) on the level upon which such new stories are being erected. Otherwise, a variance, for each regulation with which the vertical expansion does not comply, must be approved by the Zoning Hearing Board.
§ 114-139 Real estate subdivisions. [1]
In the case of a plot of land, a plan for the subdivision of which has, prior to the time this chapter becomes effective, been duly approved by the Township Board of Commissioners and duly recorded in accordance with the rules, regulations, and ordinances lawfully in effect in this Township at the time of said approval and recording, the owner or developer of such plot of land, or any portion thereof, may apply to the Zoning Hearing Board for a special exception to the provisions of this chapter governing minimum lot and building areas, front yards, side yards and rear yards, where it appears that literal enforcement of such provisions will render impracticable the carrying out of such plan for subdivision and will result in undue hardship; and the owner or developer of such plot of land, or any portion thereof, may apply to the Zoning Hearing Board for a special exception to the provisions of this chapter governing business use, where the area covered by the request for a special exception was plotted for business use in conformity with the rules, regulations and ordinances lawfully in effect at the date of the approval of said plan by the Board of Commissioners, and where it appears that literal enforcement of the provisions of this chapter will render impracticable the carrying out of said plan and will result in undue hardship. In any proceeding before the Zoning Hearing Board under this section, said Board shall have power to grant a special exception to said provisions of this chapter, with respect to the whole of such plot of land or any portion thereof.
§ 114-139.1 Conversion of school buildings in residential districts.
[Added 10-14-1981 by Ord. No. 706]
It is hereby declared to be the intent of this section to permit, as a conditional use, the conversion of existing school buildings in the Township to office use when the Board of Commissioners determines, through the application of the criteria and standards set forth below, that such use will not have an adverse effect upon the character of surrounding residential development or the health, safety and welfare of Springfield Township, in general.
A.
Definition of "school building." For purposes of the application of this section, a "school building" shall mean any existing building last lawfully used for public, parochial or private elementary or secondary educational purposes, excluding, however, buildings used for nursery schools and day-care centers or other similar activity.
B.
Conditional office use. The Board of Commissioners, after having received recommendations by the Planning Commission, may permit, as a conditional use, the conversion of a school building and a designated lot for use as business and professional offices in any residential district, upon a determination that such use will be consistent with the criteria hereinafter set forth. Such use may be permitted subject to compliance with standards, requirements and conditions which are consistent with the following criteria and development standards.
C.
General criteria.
(1)
Restricted use. When permitted as a conditional use pursuant to this section, a school building may be converted for use as business and professional offices only, and for no other use. No manufacturing, storage, warehousing or public display or sales of goods or merchandise (either at wholesale or retail) other than by mail or telephone may be conducted within the school building or upon the lot on which the school building is located.
(2)
Character of the surrounding area. The effect of the proposed conversion on surrounding properties shall be considered. The proposed conversion shall be such as will neither have an adverse effect on the neighborhood by reason of noise, glare or other noxious elements injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted in the Zoning District nor substantially diminish or impair property values within the neighborhood.
(3)
Public facilities and services. The proposed use shall be such as will not create a substantial increase in demand for Township facilities and services, including but not limited to sewage disposal, trash disposal, storm drainage, public transportation and fire and police protection.
(4)
Traffic. The existing road system must be able to accommodate, in a safe and efficient manner, the peak traffic to be generated by the proposed use. The traffic to be so generated shall not be such as to create significant increases in volumes of traffic in surrounding residential areas. In order to evaluate this factor, the Board of Commissioners may require the applicant to provide a traffic impact statement in accordance with the following standards:
(a)
A traffic impact study shall present sufficient information to enable the Township to assess the effect of the proposed use on the roads within the Township. The study must demonstrate that the proposed use will not adversely affect surrounding areas or traffic circulation generally in the Township or else identify any traffic problems that might be caused or aggravated by the proposed use and delineate solutions to those problems. Based upon the findings of the study, the Board of Commissioners may require other improvements, both on-site and off-site, which would alleviate hazardous or congested situations attributable in substantial part to the proposed use, as a condition of approval.
(b)
The traffic impact study shall be prepared for a study area extending a minimum of 1/2 mile on all abutting roads from the boundaries of the subject site. This area may be modified at the discretion of the Board of Commissioners.
(c)
The traffic impact study shall be prepared by a qualified traffic engineer who possesses the credentials outlined for a Municipal Traffic Engineer defined in the Pennsylvania Code, Chapter 612, entitled "Municipal Traffic Engineering Certification."
D.
Development standards. Each conversion and use which is permitted pursuant to this section shall be designed, constructed and conducted in such a manner as to comply with the following standards and conditions:
(1)
Buffer area. There shall be a screen buffer at least 10 feet in depth along all property lines which shall be planted in accordance with a plan approved by the Township Planning Commission.
(2)
Access. A planned system of efficient ingress, egress and internal circulation of traffic which shall minimize any interference with nearby traffic flow shall be required. Loading and unloading areas shall be provided where deemed necessary and shall be located to the rear of the proposed use and effectively screened from abutting residential districts. Such areas shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking areas.
(3)
Lighting. Lighting shall be arranged in a manner which will protect adjacent highways and neighboring properties from unreasonable direct glare or hazardous interference of any kind.
(4)
Solid waste disposal. A plan for weekly disposal of solid waste material shall be required. All solid waste material shall be stored in covered containers. No solid waste shall be stored within 15 feet of any property line. Refuse collection areas shall be shielded from the direct view of any adjacent property by walls which measure a minimum of six feet in height.
(5)
Parking. Off-street parking facilities shall be provided and maintained in accordance with the following requirements:
(6)
Signs. One nonilluminated sign containing not in excess of 32 square feet of area in the aggregate, no part of which shall be more than eight feet in height, shall be permitted.
(7)
Maintenance of open space. Open space shall be preserved as such whenever possible, and appropriate measures to ensure proper maintenance shall be taken.
(8)
Hours of operation. Hours of office operation shall be restricted so as to not interfere with surrounding residential areas.
(9)
District requirements. All dimensional and other requirements for the zoning district in which the school building is located shall apply, except as specifically provided to the contrary in this section.
(10)
Exterior dimensions. No change in the exterior dimensions of a school building shall be permitted except for minor changes related to the construction of such bays, porches, vestibules and similar architectural features which shall not, in the aggregate, change any dimension by more than 5%.
E.
Additional conditions; waiver. The Board of Commissioners may, at its discretion, attach additional conditions to the approval of a conditional use application for the conversion of a school building to office use, provided that such conditions are reasonably related to the criteria and development standards established herein. If the applicant can demonstrate to the reasonable satisfaction of the Board of Commissioners that the strict application of any of the above development standards is unnecessary to meet the intent and general criteria of this section, the Board of Commissioners may waive or modify the applicability of such standards to the particular conversion project. Any request for such modification or waiver, together with a summary of the basis for such request, shall be submitted to the Board of Commissioners in writing.
F.
Procedure for consideration of a conditional use application. An application for the conversion of a school building to office use as a conditional use pursuant to this section shall be applied for and considered by the Board of Commissioners according to the following procedures:
(1)
Application. An application shall be submitted in writing to the Township and shall include the following:
(a)
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots and other construction features on the lot and all buildings, streets, alleys, easements, rights-of-way, highways, streams and other topographical features of the lot and within 200 feet of any lot line.
(b)
Architectural renderings or sketches of the school building showing any proposed modifications.
(c)
A description of the proposed office operation in sufficient detail to permit the evaluation of the compliance or noncompliance of these operations with the criteria and standards of this section.
(d)
Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare or safety hazard.
(e)
Engineering and architectural plans for the treatment and disposal of sewage.
(f)
Any other pertinent data that the Planning Commission or the Board of Commissioners may require.
(2)
Distribution of plans. The Board of Commissioners shall submit copies of the plan to the Township Planning Commission, the Township Engineer, the Zoning Officer, the Montgomery County Planning Commission and other public agencies for advice and comment as part of the Board's review.
(3)
Hearing. The Board of Commissioners shall hold a public hearing on each application, pursuant to public notice, within 60 days after the meeting at which the proposal is first presented.
(4)
Communication of determination. The Board of Commissioners shall, by written communication mailed to the applicant within a reasonable time following the conclusion of the public hearing provided for in this section, either grant approval of the conditional use application as submitted, grant approval of such use subject to specified additional conditions not inconsistent with the criteria and standards set forth in this section as the Township Commissioners shall specify or deny approval of the application.
§ 114-139.2 No-impact home-based businesses. [1]
[Added 10-10-2018 by Ord. No. 956]
No-impact home-based businesses, as defined in § 114-21 of this chapter, shall be permitted in all zoning districts which permit residential uses. The no-impact home-based business or commercial activity shall satisfy the following requirements:
A.
Business activity. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
Workers. The business shall employ no employees other than family members residing in the dwelling.
C.
Building appearance and storage. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
Building appearance and signs. There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
E.
Nuisance prohibited. 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.
F.
Waste. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G.
Location and size. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
Prohibited uses. The business may not involve any illegal activity.
§ 114-139.3 Seasonal sidewalk cafes.
[Added 7-13-2011 by Ord. No. 912]
A.
Purpose and intent. The purpose of this section is to allow portions of the pubic sidewalk and areas of private property adjacent to the public sidewalk bordering an eating establishment to utilize the above noted area to provide accessory services to promote the creation of an attractive pedestrian environment for businesses during the day and evening that will foster a pleasant and distinctive ambiance within the Township. The regulations contained in this section are established in order that the subject activity will be conducted in such a manner to ensure that the health, safety and welfare of the residents of the Township are protected.
B.
License required.
(1)
No person or persons shall engage in or allow a sidewalk cafe to be established on private property or on a public sidewalk without first obtaining a seasonal sidewalk cafe license.
(2)
An application for the seasonal sidewalk cafe license shall be filed annually with the Springfield Township Code Enforcement Department on forms supplied by the Township. The forms shall require the following information, and such additional information as deemed necessary by the Township:
(a)
Name of applicant and address.
(b)
Name and address of eating establishment where the sidewalk cafe is to be maintained.
(c)
A description of the dimensions of the area and the number of tables and seats to be used within the sidewalk cafe.
(d)
Written consent of the owner of the premises, if other than the applicant.
(e)
A certificate of insurance providing at least $1,000,000 of comprehensive general liability, extending premises coverage to all activities associated with the sidewalk cafe on both private and public property. Springfield Township shall be listed as an additional insured with respect to the activities of the sidewalk cafe. The Township shall receive immediate notification of cancellation of required insurance coverage.
(f)
An annual fee in the amount of $50 shall accompany the application. Springfield Township will set future license fees by way of resolution adopted by the Board of Commissioners.
C.
License terms and conditions.
(1)
A seasonal sidewalk cafe license shall be valid from April 15 until October 15 of a given year. A new license must be obtained for each year of operation.
(2)
A sidewalk cafe license is not transferrable.
(3)
The license shall be displayed in a conspicuous place on the premises.
(4)
All other related licenses and permits from authorities associated with regulating restaurants, eating establishments or food preparation facilities shall also include permission for the conduct of a sidewalk cafe. The regulating authorities include but are not limited to the Montgomery County Department of Health, the Pennsylvania Liquor Control Board and the Pennsylvania Department of Agriculture.
D.
Regulations.
(1)
The operation of a sidewalk cafe pursuant to a license issued under this chapter shall be subject to all the following regulations:
(a)
Any use of the public sidewalk area must not inhibit pedestrian traffic on the public sidewalks and an area must be open and unobstructed for free pedestrian traffic between the closest edge of the cafe and the curbline, which unobstructed area shall have a minimum width of the greater of six feet or half of the sidewalk width.
(b)
Outdoor cafes may operate during regular business hours of the primary establishment, but no earlier than 8:00 a.m. and no later than 10:00 p.m. The license agreement shall be for seasonal outdoor dining from April 15 through October 15.
(c)
The outdoor dining may be located on the public sidewalks adjacent to or abutting the primary establishment and shall not extend any further than the actual street frontage of the operating establishment.
(d)
The establishment shall not place anything in an alleyway, sidewalk or walkway in such a manner as to block these access ways or any building entrance or egress. It shall be unlawful to obstruct or reduce in any manner the clear width of any exit or discharge passage way. This area is determined by the clear width opening of the entrance, or egress doors. The clear passage way shall be as straight as possible leading directly to the street.
(e)
Furnishings for the outdoor seating area shall consist solely of moveable tables, chairs and decorative accessories. Furnishings must be kept in a state of good repair and in a clean and safe condition at all times.
(f)
Awnings shall be adequately secured and retractable. Umbrellas over tables must be adequately weighted.
(g)
Tables, chairs and other furnishings or accessories may be left in place over night during seasonal operations, but shall be removed from the sidewalk and exterior of the premises and stored indoors whenever outdoor dining is not in seasonal operation. It shall be the responsibility of the licensee to secure furnishings and accessories that are left in place overnight during the season.
(h)
Outdoor heaters, busing stations, and food preparation stations shall not be permitted in the outdoor cafe facility.
(i)
The floor surface of all areas used for seasonal sidewalk cafe operation shall be constructed of concrete or other approved surfaces in order that the area can be washed and kept in a sanitary condition. The surface shall be at the same elevation as the public sidewalk, and any exceptions must be approved by the Township Code Enforcement Department.
(j)
No sign shall be allowed in any outdoor cafe except for the name of the establishment on the awning or umbrella fringe. One framed menu board may be displayed within the area of the outdoor dining mounted on an easel or other easily removable fixture. The menu board shall not exceed six square feet.
(k)
The establishment shall not place any table, sign, umbrella or any item in such a manner that would block any municipal signs, receptacles for garbage, public benches, fire hydrants, utility poles or other public amenities.
(l)
Unless the primary establishment maintains a license to serve alcoholic beverages within the primary establishment, alcohol service or consumption is prohibited in the outdoor cafe area.
(m)
Service to drivers or passengers of vehicles is prohibited. All customers must be seated throughout their time of service.
(n)
The sidewalk area utilized by the sidewalk cafe shall be kept clean and free of litter, and shall be washed as necessary. To reduce litter, the exterior tables may not be pre-set with linens, paper products, plastic eating utensils or other materials that may be blown off the premises.
E.
Related terms of operations.
(1)
Springfield Township retains the right to temporarily suspend a sidewalk cafe license to allow for construction activity, utility repairs, special events or for other reasons deemed appropriate by the Township. The Township will afford as much advance notice to the licensee as possible.
(2)
The accessory exterior sidewalk cafe seating shall not exceed 25% of the approved number of interior seats of the primary establishment. To the extent there is no interior seating at the primary establishment, the exterior sidewalk cafe seating area is limited to eight seats.
(3)
No additional off-street parking is required for exterior sidewalk cafe uses for the first eight seats provided at the exterior cafe seating area. To the extent the establishment provides more than eight exterior seats, provisions of the Springfield Township Zoning Code related to off-street parking requirements shall prevail.
F.
Suspension and revocation of license. Any license may be suspended or revoked for good cause by the Code Enforcement Department, including but not limited to a misrepresentation of the information supplied in the application, the conviction of a crime, a violation of any ordinance, statute or government regulation, or a violation of this chapter.
G.
Enforcement. The Springfield Township Code Enforcement Department or the Springfield Township Police Department may enforce the provisions of this chapter.
H.
Violations and penalties. Any violation of the provisions of this section shall be punishable by a fine not to exceed $500. Each day the violation shall continue after a notice and reasonable opportunity to correct or remedy the violation shall constitute a separate violation.