For the purposes of this chapter, the following regulations shall govern each district.

Any use permitted in any zoning district by special exception or conditional use can only be expanded in like manner.

On any lot , no wall, fence or other structure shall be erected, altered or maintained and no hedge, tree, shrub or other growth shall be planted or maintained within the right-of-way which shall interfere with a free and unobstructed view down and across lands located at or near the intersection of any two roads or a road and railroad and railway or at any curve in any road , as may be necessary to assure a full and unobstructed view in all directions at such crossings or curves and to so prevent the use of such lands for any purpose or in any manner which may interfere with or obstruct the vision of persons traveling upon such highways.

   A.   The regulations as to minimum lot size, width of the lot at the building line , front yards , side yards , rear yards , heights and building coverage shall be maintained in accordance with the requirements of each residential zoning district, except for the following:

      (1)   In A Districts which are served by neither sanitary sewers nor a public water supply, lots shall have the following minimum and maximum regulations:

 

      (2)   In A Districts which are served by either sanitary sewers or a public water supply, but not both, lots shall have the following minimum and maximum regulations:

 

      (3)   In A Districts which are served by both sanitary sewers and a public water supply, lots shall have the following minimum and maximum regulations:

 

      (4)   In A Districts which are served by a public water supply and, when approved by the Township as a condition of an approval of a subdivision plan, sanitary sewers , installed and capped for future use , lots shall have the following minimum and maximum regulations:

 

      (5)   In A Districts in which a residential development plan is proposed in accordance with § 255-36 of this chapter, lots shall have the following minimum and maximum regulations:

         (a)   With a public water supply and when approved by the Township as a condition of an approval of a subdivision plan of sanitary sewers installed and capped for future use , as follows:

 

         (b)   With sanitary sewers and a public water supply, as follows:

 

   C.   In all districts where lots cannot be served by public sewers, each application for a zoning or buildingpermit shall be accompanied by an on-site sewer permit issued by the authority having jurisdiction. [Amended 1-10-1995 by Ord. No. 879]

No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein prescribed.

   A.   Where an unimproved lot of record is situated on the same street frontage with two improved lots or one unimproved lot , the front yard requirement for that district shall be modified so that the front yard shall be an average of the existing and required front yard .

   B.   In case of a corner lot , in residential districts, there shall be two front yards (those abutting streets ), one side and one rear yard , all of which meet the requirements for the district in which the lot is located. [Amended 1-10-1995 by Ord. No. 879]

   A.   Each and every lot upon which a building is proposed to be erected in the Township shall abut a street which has been improved to Township Standards for a public street , unless otherwise provided herein.

   B.   Upon application for a conditional use pursuant to the conditional use standards outlined in this chapter, the Board of Commissioners may permit the building of a dwelling house on a lot adjacent to a private street which has not been improved to the standards of a public street , provided the following conditions are met:

      (1)   The minimum lot size is 1.5 times larger than that which would otherwise be required by this chapter and the dwelling is served by public sewer and water.

      (2)   The minimum lot size is at least one acre if the dwelling is not served by public sewer and/or water.

      (3)   No more than five dwelling houses may be served by the private street .

      (4)   The private street shall be improved to the standards referenced in Chapter 212 for a driveway, or to such other standards as the Board of Commissioners has otherwise approved

      (5)   If and when the private street must be improved to the standards of a public street , all lots served by the private street and which have been improved following the grant of conditional use , shall contribute to the cost thereof in equal shares with the other benefited lots on the street .

The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling into a dwelling for a greater number of families , subject to the following requirements:

   A.   A petition in favor of such exception is filed with the Zoning Hearing Board signed by the owners of 60% or more of the frontage on the same street within 1,000 feet of the designated lot .

   B.   Each dwelling unit shall not have less than 500 square feet of floor area.

   C.   The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.

   D.   The yard and building area requirements for the district in which the building is located shall not be reduced.

   E.   There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building .

   F.   The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the Board may consider appropriate.

   G.   The off-street parking requirements of this chapter are met.

   H.   The conversion shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use .

   A.   In general:

      (1)   All water requirements shall be stated in application.

      (2)   No permit for construction , building or use of building and/or land shall be issued until proof, satisfactory to Township, of the availability and the supply of water is furnished.

      (3)   No well may be dug or drilled except following permit issued by the Township in accordance with the applicable ordinances and rules and regulations of the Township.

      (4)   Where available, all portable water services shall be supplied by water distribution companies operating and supervised as municipal or public utilities by virtue of the laws of the Commonwealth of Pennsylvania and the ordinances of the Township.

   B.   Commercial and industrial districts. In addition to the requirements of Subsection A hereinabove, all uses permitted in commercial and industrial districts shall be subject to the following:

      (1)   Water shall be supplied by a water distribution company operating and supervised as a municipal or a public utility by virtue of the laws of the Commonwealth of Pennsylvania and the ordinances of the Township; provided, however, that when a water distribution company is not available to serve a specific property, an exception may be granted by the Township, provided that all other requirements of the Township shall be met; and

      (2)   Where surface or ground water sources are existing and available or can be developed on the premises without impairment of similar service on adjacent or nearby properties or on public water recirculation, a permit may be granted by the Board of Commissioners upon the recommendation of the Board of Health and the Township Engineer.

Whenever the disposal of waste materials is required under ordinances, rules and regulations of the Township, it shall be accomplished by a system or systems for waste disposal approved by the Township. 6

   A.   No trailer house or mobile home shall be constructed, placed or maintained on any lot within the Township unless:

      (1)   It is an approved trailer park; or

      (2)   It meets all the requirements of a single-family dwelling as provided in Chapter 73, Building Construction, of the Township. Such prohibition shall not be construed to prohibit a seasonable or temporary parking of a trailer house or mobile home in a residential district, provided that the following requirements are met:

         (a)   The trailer house or mobile home remains movable and is not attached to the ground.

         (b)   The trailer house or mobile home is not connected to a service utility, including electric, water or sewers.

         (c)   The trailer house is not used for residential use or occupancy.

         (d)   The trailer house or mobile home is owned by the owner or lessee of lot upon which the same is parked.

         (e)   A permit is secured from the Building Inspector prior to parking.

         (f)   No more than one trailer house or mobile home is parked at one time on the same lot .

         (g)   The location and length of parking shall be approved, in writing, by the Building Inspector.

   B.   No permit shall be valid for a period in excess of one calendar year and may be revoked by the Building Inspector, at any time, at his discretion, for any violation of this and any ordinance of the Township.

No zoning permit shall be issued to construct a structure on any lot unless the width of the lot from the street line to the building line is no less than the minimum required width at the building line . The Board of Commissioners may grant conditional use pursuant to the provisions of Article XXV to construct a structure on a lot which does not meet these width requirements (a rear lot ), provided the following conditions are met:

   A.   There is a direct access from the street to the building line through an open space on the same lot .

   B.   Such open space shall be at least 25 feet wide at the street line and shall extend at no less than that width from the street line to the building line .

   C.   Such open space shall be capable of accommodating pedestrian and vehicular traffic by means of an all-weather paved travel lane.

   D.   The minimum lot width shall be measured parallel to the street at the point of the proposed building closest to the street and shall extend the full depth of the building , plus an additional 25 feet.

   E.   Such open space shall be capable of accommodating the construction and use of public utilities, including storm and sanitary sewage facilities.

   F.   The interior of the lot not abutting the street shall be required to connect to sanitary sewer lines when constructed in the street , and the owner shall agree in writing to be subject, following construction , to an assessment for the cost of the sanitary sewer as assessed by the proper authority on the same basis as the lots abutting the aforesaid open space on the street but limited to a frontage not in excess of the width of a lot as defined for a lot in the zoning district in which the open space is located.

   G.   The interior lot shall be at least 10% larger than the size required in the zoning district and, in determining compliance with the requirements of this chapter, the lot area of the open space between the street line and the point on a line drawn radial thereto where the minimum lot width is reached shall not be included, except with respect to those requirements relating to impervious surface .

   H.   A rear lot may not be approved by subdivision unless a conforming lot could otherwise be created. Every application for conditional use to approve a rear lot shall be accompanied by a yield plan sealed by a registered civil engineer showing subdivision of the parcel into conforming lots .

   I.   The Board of Commissioners shall designate which yard will be the front yard of a rear lot .

   J.   The applicant must submit credible evidence satisfactory to the Board of Commissioners that the creation of the rear lot furthers the land use goals and requirements of this chapter and of Chapter 212 of the Upper Dublin Code.

   A.   No fence or wall (except a retaining wall or a wall of a building permitted under this chapter) over six feet in height shall be erected within any of the required side or rear yard setbacks nor over four feet in height (measured from the sidewalk grade) within the required front yard setback, including any area of overlap with a side or rear yard setback, except as noted below. The front yard setback shall be measured from all street frontages abutting the property, for purposes of this section.

      (1)   A solid fence up to six feet in height may be erected on corner lots in residential zoning districts (as described in Article VII of this chapter) within the required front yard setback abutting an arterial or primary street , as specified on Upper Dublin Township’s Engineering and Construction Standards, Improvements Procedures, provided:

         (a)   That the yard area which would be visually screened by such fence when viewed from the arterial or primary street actually serves as the existing dwelling ’s back yard .

         (b)   The fence is constructed of materials having the appearance of wood, brick or stone.

         (c)   The fence is set back from the right of way by at least one foot.

         (d)   Sufficient backdrop landscaping is provided, such as evergreens and deciduous trees with lower canopies visible above the fence, to visually soften views of the fence from the public right of way .

         (e)   The arterial or primary street is not identified as a scenic road corridor on the 2005 Open Space and Environmental Resource Protection Plan, as amended.

   B.   All fences shall be erected with the finished side of the fence facing adjacent properties. The finished side shall be considered the side without the structural supporting members.

   C.   All fences or walls erected within the front yard setback shall be provided with an operable gate with a minimum width of 36 inches to provide access to the area between such fence or wall and the cartway of the abutting street . The property owner is responsible for maintaining this area. There shall be a minimum of one operable gate for each street frontage and at least one operable gate for every 500 feet of fencing along a street .

Where two or more adjacent lots , one or more of which is nonconforming , are owned by the same owner, and the ownership of the lots is concurrent, such lots shall be combined to create conforming lots , or to lessen the non-conformity if it is not possible to create all conforming lots . The sale, conveyance, or assignment of a non-conforming lot which is deemed to have been merged by this provision is prohibited and a violation of the Zoning Ordinance.

Where a proposed use is permitted in an overlay district by conditional use , and is also permitted in the underlying district by special exception , conditional use application to the Board of Commissioners shall be made in accordance with the applicable provisions in lieu of a special exception application to the Zoning Hearing Board.