Upper Gwynedd Township
City Zoning Code
City Zoning Code
ARTICLE IV
Regulations Applicable in All Districts
§ 195-9 General standards.
For the purpose of this chapter, the following regulations shall govern each district:
A.
Lots of record. In the event that any lot is held of public record in single and separate ownership on the effective date of this chapter, which shall not be of sufficient size or dimension to permit the erection of a building thereon in accordance with the requirements of this chapter, and provided that the Zoning Hearing Board shall find that the necessary additional ground is not available because of the settled condition of the neighborhood or because of inability of the owner to acquire additional ground upon fair terms, the Zoning Hearing Board may specify so that the minimum and maximum regulations of the district shall be met as closely as possible.
B.
Subdivision plan of lots of record. A lot which does not conform to the minimum and maximum regulations of the district in which it is located and which is included in a recorded plan of lots heretofore approved by the Commissioners of Upper Gwynedd Township shall not be used unless the minimum and maximum regulations of the district are met, unless such recorded subdivision plan was approved within five years immediately preceding the effective date of this chapter or a variance is obtained from the Zoning Hearing Board.
C.
Reduction of lot area or open spaces. 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.
D.
Modification of front yard requirements. Where there is pronounced uniformity or alignment of the fronts of existing buildings on the same side of the street within 200 feet of each side line of a proposed building, the front yard requirement of the district may be modified as to said building to permit a depth not less than the mean front yard existing within said distance.
E.
Clear sight triangle. On any lot, no wall, fence, object or structure of any kind shall be erected, altered or maintained, and no hedge, tree, shrub or other growth shall be planted or maintained which may cause danger to traffic on a road by obscuring the view.
(1)
Clear sight triangles shall be established, as measured from the street center lines, a distance of 100 feet from the intersection of streets. All yards and building setback lines prescribed by this chapter shall, in addition, be subject to such additional setbacks as may be required to ensure conformance with the above clear sight triangle.
(2)
Driveway intersections. Driveways shall be located so as to provide a clear sight triangle, measured from the intersection street center line and the driveway center line, of not less than 30 feet.
F.
Accessory uses. Accessory uses authorized by this chapter shall include the following:
(1)
Uses accessory to dwelling.
(a)
Private garage, private parking space, barn or any other outbuildings for occupant's noncommercial use.
(b)
Keeping of animals.
[1]
The keeping of household pets normally kept indoors, dogs, cats or ornamental birds, provided that no more than four four-legged animals shall be kept upon the premises unless said premises consists of at least three acres.
[2]
The keeping of horses, livestock, poultry or fowl, other than pigs, provided that the premises shall contain not less than three acres and provided that all buildings, pastures, yards and portions of the premises used for said domestic animals, livestock, poultry or fowl shall be situated not less than 100 feet from any road line or property line of an adjoining lot.
(c)
Private greenhouse.
(d)
Cultivation of soil.
(e)
Professional office or studio of a doctor, dentist, teacher, artist, architect, musician, lawyer, engineer or magistrate or practitioner of a similar character, babysitting or rooms for home occupations, provided that the office, studio or rooms are located in a dwelling in which the practitioner resides or in a building accessory thereto, and provided further that no goods are publicly displayed on the premises. Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, barbershop, beauty shop, mortuary, other personal service shop, tearoom or hotel, or any similar use. The following regulations and standards shall apply:
[Amended 1-22-1990 by Ord. No. 90-4]
[1]
The area used for the practice of the above shall occupy no more than 15% of the gross floor area of the dwelling unit.
[2]
No other persons except a resident of the dwelling shall practice the occupation therein.
[3]
No more than two persons shall be employed by the practitioner to provide secretarial or clerical services.
[4]
Two paved off-street parking spaces shall be required in addition to those required for residential dwelling use and shall not be located within the minimum front yard area prescribed for the district in which located.
(f)
Residential swimming pool for use of family and guests only.
(g)
When accessory to a single-family detached dwelling only, one separate living area, including cooking facilities, may be provided for no more than two persons related to the principal occupant of the single-family detached dwelling by blood, marriage or adoption, provided that no change is made in the area covered by the building in which housed, and provided further that said use is registered with the Zoning Officer, subject to a written agreement to be recorded, to remove said cooking facilities at the time said facilities are no longer utilized by said persons related to the principal occupant as aforesaid.
(h)
When authorized as a special exception only within a single-family detached dwelling, a family day-care home which is owner-occupied may be permitted for not more than a total of six children unrelated to the caregiver, provided further that:
[Added 1-22-1990 by Ord. No. 90-4]
[1]
The lot must conform to the minimum frontage, width, area and yard requirements of the district in which it is situated and shall not be reduced.
[2]
An outdoor lot area of at least 2,000 square feet reserved for play area shall be located in the rear yard only and not within any required side yard. Said area shall be fenced to a minimum of four feet and shall be childproof.
[3]
There shall be a minimum of 40 square feet of floor space per child, inclusive of space occupied by furniture and equipment but exclusive of closets, halls, bathrooms, kitchens and areas related thereto, which shall be on the first floor of the single-family detached dwelling.
[4]
Parking lots, driveways, loading areas and areas for outdoor recreation shall be visually screened on an immediate year-round basis to a height of not less than six feet.
[5]
In order to limit the concentrations of home day-care facilities in residential neighborhoods, home day-care facilities authorized by special exception shall be a minimum distance apart of not less than 5,000 feet.
[6]
Structure characteristics.
[a]
The building shall conform to any and all Commonwealth of Pennsylvania regulations for child day care, as well as applicable regulations for fire and panic, and have no barriers for the handicapped, and shall conform to all Township codes.
[b]
There shall be no external alteration of an existing building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located on the rear of the building. Any expansion shall be limited to a maximum of 25% of the existing floor area of said building.
[c]
Any addition shall be of such elevation and style, have materials and fenestration and front, side and rear yard setbacks that will be compatible with and not substantially injure or detract from the residential uses of adjacent properties or appreciably alter the character and building bulk/yard standards of the neighborhood.
[d]
Special signs and outside illumination are prohibited.
[e]
Applications shall indicate the method of building and grounds maintenance and file a plan for implementation.
(i)
When authorized as a special exception only within a single-family detached dwelling in BP, C and IN Zoning Districts, a group day-care home may be permitted for not more than a total of 11 children unrelated to the caregivers, provided further that:
[Added 1-22-1990 by Ord. No. 90-4]
(j)
No-impact home-based businesses. The business or commercial activity must satisfy the following requirements:
[Added 10-28-2002 by Ord. No. 2002-21]
[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 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.
G.
Accessory structures (including buildings).
(1)
Structures accessory to a permitted use shall not be permitted within the required front yard of a lot and, with the exception of a detached garage and the canopy over the fuel pumps of a gasoline service station, shall not be permitted on that portion of the lot between the principal building and the lot line that abuts a street right-of-way.
[Amended 5-29-2018 by Ord. No. 2018-004]
(2)
On reverse frontage lots, structures accessory to a permitted use shall not be permitted within 25 feet of the rear lot line adjoining the right-of-way of the arterial or collector street.
(3)
Where a district requires building setbacks from streets to which the district abuts or from property lines to which the district abuts, no structures accessory to a permitted use shall be permitted within the designated setback area.
H.
No trailer camp shall be permitted in any residential district.
I.
Fences. No fence or wall shall be erected along or within any of the yards required by this chapter which shall exceed a height of eight feet in industrial districts or six feet six inches in all other districts (excepting a retaining wall of a building permitted under the terms of this chapter), unless a special exception therefor is granted by the Zoning Hearing Board.
[Amended 12-19-2016 by Ord. No. 2016-19]
J.
The permanent removal of topsoil from any parcel of land within the Township shall be prohibited, except as follows:
(1)
During actual construction on the premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature may be considered excess and may be removed by the owner.
(2)
During regrading operations conducted upon the premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring proper topsoil cover to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.
K.
Side yard requirements for flag lots. Each side yard of a flag lot shall be at least equal to the minimum rear yard specified for the zoning district in which the flag lot is located. This provision shall supersede any contrary provision regarding side yards in this Chapter 195.
[Added 12-19-2016 by Ord. No. 2016-19]
L.
(Reserved)
M.
Height restrictions. The maximum height of buildings and other structures, including towers, chimneys, spires and all appurtenances erected or enlarged in any district, shall be, unless otherwise authorized:
(1)
For any dwelling: 35 feet.
(2)
For any building accessory to any dwelling use: 14 feet.
(3)
For any other institutional and commercial building or other structure: 35 feet, except that such height may be increased to a maximum of 65 feet, provided that, for every foot of height in excess of 35 feet, there shall be added to each yard requirement two corresponding feet.
(4)
For any industrial building or other structure: 35 feet, except that such height may be increased to a maximum of 65 feet, provided that, for every foot of height in excess of 35 feet, there shall be added to each yard requirement one corresponding foot.
(5)
Towers for communication purposes shall be permitted only as an accessory use to a permitted principal use on the same lot and shall be subject to all the required yard and height requirements applicable to principal buildings, whether such tower is roof-mounted or freestanding.
(6)
Where specific building heights are authorized in individual zoning districts, the maximum heights herein may apply to structures, towers and appurtenances only and shall not alter a maximum height of building otherwise provided in the individual zoning district.
[Added 10-28-1991 by Ord. No. 91-10]
N.
Unless otherwise clearly stated herein to the contrary, the provisions of this chapter shall apply to Upper Gwynedd Township, as a municipal corporation, and to any other government, municipal corporation, authority, governmental or quasi-governmental agency or entity to the extent permitted by law.
O.
Landscape buffer areas and landscaping of off-street parking areas.
[Amended 10-28-1991 by Ord. No. 91-10; 9-17-2024 by Ord. No. 2024-03]
(1)
Landscape buffer areas. Where required under the terms of this chapter, a permanent landscaped buffer area shall be provided in accordance with the requirements of § 168-33E of the Subdivision and Land Development Ordinance.
(2)
Landscaping of off-street parking areas.
(a)
All off-street parking areas shall be landscaped in accordance with the requirements of § 168-33H of the Subdivision and Land Development Ordinance.
(b)
Parking garages or covered parking structures shall be landscaped and buffered so that they are concealed from view from adjoining tracts of residential or institutional districts or existing perimeter public streets. Parking areas located beneath any such garage or structure which is located above surrounding grade shall be screened by screen walls and landscaping.
(c)
A minimum of 10% of any parking lot facility over 2,000 square feet in gross area, whether constructed immediately or reserved for future needs, shall be devoted to landscaping, inclusive of required trees. The minimum 10% requirement for landscaping may include that portion of required parking where the parking space sizes are reduced to 17 feet from 20 feet in length as permitted at § 195-30I.
(d)
Applicability. Unless otherwise expressly stated, the landscape requirements of this section shall apply to any of the following:
[1]
Any parking lot facility over 2,000 square feet in gross area, whether constructed immediately or reserved for future needs.
[2]
The expansion of an existing parking lot facility, if such expansion would increase the vehicular use area by more than 20%, or by 10 spaces, whichever is less.
[3]
The existing vehicular use areas accessory to an existing building when such building is being expanded; if such expansion would increase the gross building area by more than 25%, or 8,000 square feet, whichever is less.
[4]
The excavation, rehabilitation, or in-place reconstruction of existing vehicular use areas if such work involves the full-depth pavement removal of:
P.
Submission of plans shall be required in all zoning districts. The following regulations shall govern the character and submission of plans:
(1)
Preliminary plans shall be submitted to the Board of Commissioners for preliminary approval, showing the general layout of the total area and the type of building and/or buildings to be erected.
(2)
Final plans shall be submitted to the Board of Commissioners for approval, showing the layout of the total area and shall include, inter alia, the following:
(a)
The scale shall not be less than one inch equals 100 square feet, with contours at two-foot intervals and showing all topographical features.
(b)
A plot plan of the lot showing the locations of all present and proposed buildings, sidewalks and other areas devoted to pedestrian use, loading and unloading areas, drives, parking lots, waste disposal and storage facilities and other constructional features on the lot and all buildings, streets, alleys, highways, streams and other topographical features of the lot and within 200 feet of any lot line.
(c)
Description and architectural plans of any proposed buildings or change in existing buildings.
(d)
A description of the use and/or operations proposed in sufficient detail to indicate the effects of those uses and/or operations in producing traffic congestion, noise, glare, air pollution, water pollution, thermal pollution and fire hazards and whether any part of the use and/or operation will be conducted on the outside of any building.
(e)
Engineering and architectural plans for the connections to public water and public sewerage lines and for the pretreatment, if required, of any sewage or industrial waste before its discharge into public sewer lines.
(f)
Engineering and architectural plans for the treatment and disposal of waste other than that which will be discharged into the public sewer lines. Outdoor facilities for waste storage shall be provided with a minimum six-foot-high opaque enclosure on all sides.
(g)
Engineering and architectural plans for the handling of any traffic, noise, lighting, glare, air pollution, water pollution, thermal pollution, water consumption, fire hazard and safety hazard.
(h)
Designation of the fuel proposed to be used and any necessary architectural and engineering plans for controlling smoke, dust and dirt, fly ash, fumes, vapors and gases.
(i)
The proposed hours of operation, the number of shifts to be worked and the maximum number of employees on each shift and the parking lot requirements, both present and future.
(k)
Engineering plans and reports for the control and disposal of surface drainage.
(l)
Statement from the appropriate sewer authority authorizing connection of the premises to its sewer and indicating it will receive the type of effluent to be generated upon the premises.
(m)
Any other pertinent data or evidence that the Board of Commissioners may require.
(3)
Upon receipt of plans under this subsection, the Board of Commissioners shall have the power of approval or disapproval of these plans. The Secretary of the Board of Commissioners shall notify, in writing, the Zoning Officer of its final decision and any special conditions regarding the proposed use and/or operation.
R.
All driveways shall be a minimum of six feet from the lot line in all R-1, R-2, R-3, R-4 and VPR Districts. The following exceptions shall apply:
[Amended 12-19-2016 by Ord. No. 2016-19]
(1)
In the access strip, up to a point (where the minimum lot width is achieved) of a flag lot, in which case the required minimum shall be four feet.
(2)
Along the lot line between attached dwellings, including semidetached (twin dwelling), townhouse dwelling, and twin duplex, triplex and quadraplex dwellings.
(3)
In the case of a common driveway between adjacent lots where the driveway is provided partially or completely beyond the lot line of the subject lot.
S.
Ownership, use and design and maintenance of common open area.
(1)
Methods of ownership. Any of the following methods may be used, either individually or together, to preserve, own and maintain common open space as permitted in multifamily, townhouse or residential and industrial clustered developments: condominium, homeowners' association, dedication in fee simple, dedication of easements and transfer of fee simple title and easements to a private conservation organization. Such land shall not be eligible for transfer to another party, except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:
(a)
Condominium. The common open space may be controlled through the use of condominium agreements. Such agreement shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as may be amended.[2] All open space land shall be held as "common element."
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(b)
Homeowners' association. The common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII, Section 705(f)(2) of the Pennsylvania Municipalities Planning Code of 1968, as amended,[3] and the homeowners' association agreements shall be recorded.
[Amended 2-27-2017 by Ord. No. 2017-01]
[3]
Editor's Note: See 53 P.S. § 10705(f)(2).
(c)
Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the common open space, provided that such land is accessible to the residents of the Township; there is no cost of acquisition (other than any costs incident to the transfer of ownership such as title insurance); and the Township agrees to and has access to maintain such lands.
(d)
Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of open space land, title of which is to remain in ownership by a condominium or homeowners' association, provided that such land is accessible to the residents of the Township; there is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance); and a satisfactory maintenance agreement is reached between the developer and the Township.
(e)
Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or restrictive easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and a maintenance agreement acceptable to the Township is entered into by the developer and the organization.
(2)
Specific requirements for homeowners' association. If a homeowners' association is formed, it shall be governed according to the following regulations:
(a)
The developers shall provide to the Township a description of the organization, including its bylaws and methods for maintaining the open space.
(b)
The organization shall be established by the developers and shall be operating (with financial subsidization by the developers, if necessary) before the sale of any lots within the development.
(c)
Membership in the organization is mandatory for all purchasers of homes therein and their successors with a financial commitment at time of sale or settlement.
(d)
The organization shall be responsible for maintenance of and insurance and taxes on common open space.
(e)
The members of the organization shall share equitably the costs of maintaining and developing common open space in accordance with the procedures established by them.
(f)
In the event of any proposed transfer of common open space land by the homeowners' association within the methods here permitted or of the assumption of maintenance of common open space land by the Township as hereinafter provided, notice of such action shall be given to all property owners within the development.
(g)
The organization shall have or hire adequate staff to administer common facilities and maintain common open space.
(h)
The property owners' organization may lease back open space land to the developer, his heirs or assigns or to any other qualified person or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide that the residents of the development shall at all times have access to the open space lands contained therein; that the common open space to be leased shall be maintained for the purposes set forth in this chapter; and that the operation of open space facilities may be for the benefit of the residents only or may be open to the residents of the Township. The lease shall be subject to the approval of the Township, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Commissioners. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Montgomery County within 30 days of the execution, and a copy of the recorded lease shall be filed with the Manager of the Township.
(i)
Any amendments or modifications shall be first submitted to the Township for approval.
(3)
Use and design.
(a)
The common open space shall be laid out in accordance with the best principles of site design, shall be consistent with the Township's open space plan and shall be located and designed as areas easily accessible to residents and preserving natural features.
(b)
The land development plans shall designate the use of common open space and the type of maintenance to be provided. In determining use and maintenance, the following may be used:
[1]
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
[2]
Natural area. An area of natural vegetation undisturbed during construction or replanted; such area may contain pathways. Meadows shall be maintained as such and managed in accordance with a minimal maintenance plan acceptable to the Township. Noxious vegetation shall not be allowed to proliferate. Litter, dead trees and brush shall be removed and streams kept in free-flowing condition.
[3]
Recreation area. An area may be designated for a specific recreational use, including but not limited to: tennis, swimming, shuffleboard play fields and tot-lots. Such areas shall be located and maintained in such manner as not to create a hazard or nuisance and shall perpetuate the proposed use.
[4]
Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with this chapter.
(4)
Maintenance. In the event that the organization established to own and maintain a common open space or any successor organization shall at any time fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space and shall not vest in the public any rights to use the common open space, except when the same is voluntary dedicated to the public by the residents and owners and such dedication is acceptable to the Township. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents and owners of the development, to be held by the Township, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such an organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review. All costs and expenses incurred by the Township in the abatement or correction of the aforesaid deficiencies or maintenance of the aforesaid common open space shall be a lien upon said premises, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered, the Township Solicitor may file for a municipal claim or an action of assumpsit against the homeowners' association for such costs and expenses, together with a penalty of 10%, in a manner provided by law for the collection of municipal claims. The homeowners' association shall also be responsible for the payment of reasonable attorney's fees to the Township.
T.
Regulation of satellite dishes.
(1)
Not more than one satellite dish may be mounted above the roofline of the principal building for each lot, and said dish or similar attachment shall have a maximum diameter not greater than three feet.
(2)
Ground-mounted satellite dishes and other similar devices may be placed on a lot as an accessory use only and shall conform to all required height, setback and yard and coverage requirements applicable to accessory buildings for the district in which located, and further, such structures or devices shall not be permitted within the minimum required front yard established for the district.
U.
Access and highway frontage.
(1)
Unless clearly impracticable, all lots in a residential subdivision shall have direct access only to a local or feeder street.
(2)
Where residential lots are created having frontage on an existing arterial or collector street within the Township, the subdivision street pattern shall provide reverse frontage access to a street of lower classification created within the subdivision rather than access to the existing arterial or collector street. All such lots shall be provided with a minimum rear yard of 75 feet from the right-of-way line.[4]