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Upper Moreland Township
City Zoning Code

ARTICLE XXV

General Provisions

§ 350-165 Intent.

The requirements of this chapter shall be applicable to all permitted uses in all zoning districts, unless specified otherwise in this chapter. If a conflict occurs between the standards of the general regulations and other standards of this chapter, then the most restrictive standards shall apply.

§ 350-166 Buildings of public service corporations.

This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public service corporation if, upon petition of the corporation, the Public Utilities 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.

§ 350-167 Yard regulations.

A. 
Front yard projections. No building and no part of a building shall be erected within or shall project into the front yard except cornices, eaves, bay windows or chimneys, projecting not more than 36 inches. Steps, open or enclosed porches, porticos and terraces not extending more than one story in height shall be permitted to project not closer than eight feet to the front property line of a lot. Chimneys shall be permitted to project not more than 24 inches into the front yard and not closer than eight feet to the side property line of a lot. The maximum width of a driveway shall not exceed the lesser of 18 feet or 50% of a property's street frontage.
B. 
Side yard projections. No building and no part of a building, swimming pool, carport or other structure shall be erected within or shall project into the side yard except cornices, eaves, gutters, chimneys projecting not more than 36 inches, steps, and accessory structures as otherwise provided for in Article IV, Use Regulations.
C. 
Corner lots.
(1) 
Shall have two front yards and two side yards.
(2) 
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.
D. 
Through-lots (aka dual frontage) (lots fronting onto two streets) shall have two front yards and two side yards.
E. 
Irregularly shaped lots. The location of required yards on irregularly shaped lots will be determined by the Zoning Official. The determination will be based on the spirit and intent of this chapter to achieve an appropriate spacing and location of buildings on lots.
F. 
Setbacks along railroads. Minimum side or rear yard setbacks will not be required for lots used for nonresidential purposes when such side or rear yards would be adjacent to railroad rights-of-way in zoning districts other than residential districts.

§ 350-168 Legal boundaries.

Except as may be otherwise provided in this chapter, no building and no part of a building may be erected which shall extend to within 15 feet from the established legal side line of any street or highway.

§ 350-169 Validity.

Should any section or provisions of this chapter be declared by court to be invalid, such decision shall not affect the validity of the chapter as a whole or of any other part thereof.

§ 350-170 Interpretation and conflict of provisions.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and morals and general welfare of the Township. It is not intended by this chapter to interfere with any building code heretofore or hereafter adopted or any rules or regulations of the Board of Health of the Township.

§ 350-171 Landscape plans.

A. 
Required landscape plan. Prior to the issuance of any building permit in any multiple dwelling, commercial, or industrial district or for any multiple dwelling, commercial, or industrial structure, the applicant shall submit, together with plans for the proposed development, a planting or landscape plan, prepared by a registered professional landscape architect.
B. 
The landscape plan and development plan, when approved by the Board of Commissioners, shall be fully complied with by the applicant.
C. 
Maintenance of landscaping.
(1) 
The responsibility of the applicant and/or current property owner to maintain the required landscaping extends beyond the expiration of the eighteen-month guarantee period set forth in Chapter 300, Article V, Landscaping Regulations, of the Township's Code of Ordinances, and runs with the land.
(2) 
It is the responsibility of the property owner to replant, within 90 days of receiving notice from the Township, any required plantings observed by the Township to have been removed in violation of the landscape plan.
(3) 
This provision shall not be construed to prevent the removal and replacement of any required plantings deemed to be dead, diseased or hazardous by a landscaping professional, upon authorization of the Township Zoning Officer or designee.

§ 350-171.1 Bus shelters.

Bus shelters, which are structures consisting of at least two transparent walls, covered by a roof, and which are erected pursuant to agreement with Upper Moreland Township for the purpose of providing temporary shelter for persons waiting for public transportation vehicles along public highways and rights-of-way or on private property open to the public, shall be exempt from the requirements of this chapter.

§ 350-172 Land dedication for open space, parks and recreation.

Land or public space for open space, parks and active or passive recreation use shall be provided in accordance with the procedures and requirements of § 300-34 of the Subdivision and Land Development Ordinance. Open space shall be provided for all residential subdivisions involving more than five lots or land developments involving more than five dwelling units. Open space shall be provided for all nonresidential subdivisions and land developments involving more than 5,000 square feet of proposed building floor area.

§ 350-173 Standards applicable to zoning uses.

A. 
No more than one principal use shall be permitted on any single lot or parcel, unless permitted by the applicable zoning district or Article IV, Use Regulations. Any use of a single lot or parcel of ground shall be the principal use, which shall be either a permitted use under provisions of the applicable zoning district or a nonconforming use under the provisions of Article XXVIII, Nonconforming Structures, Uses, and Lots, of this chapter, together with any accessory use incidental to the principal use. Ten percent of the total gross leasable floor area for nonresidential uses may be devoted to permitted accessory uses.
B. 
All zoning uses allowed under this chapter shall only be permitted provided all use regulations for that particular use and regulations applicable to the district where the use is permitted shall be satisfied. In the case where use regulations conflict with district regulations, the stricter regulation shall apply.
C. 
Zoning uses which are permitted as a result of decisions by the Township Zoning Hearing Board may not be altered or expanded, except by action of the Zoning Hearing Board.

§ 350-174 Lighting standards.

A. 
General standards. Outdoor lighting for all residential and nonresidential uses shall be designed to minimize undesirable off-premises effects.
(1) 
No use shall produce glare off the premises by illumination originating on the premises. Glare is defined as the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted and which cause annoyance, discomfort, or loss in visual performance or visibility, for any period of time, no matter how short in duration.
(2) 
No bare or direct light source shall be visible beyond the lot lines. All lights shall have a full cutoff fixture, which is defined as a light fixture with light distribution pattern that results in no light being projected at or above a horizontal plane located at the bottom of the fixture. This applies to all pole-mounted lights, building-mounted lights, sign lights, walkway lights, and any other type of illumination. No light shall shine directly into windows or onto streets and driveways off the premises. These standards shall not apply to holiday lights that are temporarily displayed during holiday seasons.
B. 
Nuisance. No lighting of private property shall be permitted that shall cause a hazard or a nuisance to abutting roads and properties.
(1) 
When lighting is observed to be a potential hazard or nuisance regarding public roads, the Township Zoning Officer shall make a determination as to the need to relocate, diminish, reorient or remove the light fixtures in question, with the advice of the Township Engineer. The determination shall be made mainly in terms of the effect of the lighting on traffic safety, such as from glare or brightness interfering with a driver's ability to see safely.
(2) 
When lighting is observed to be a potential hazard or nuisance to an abutting property, the Zoning Officer shall make a determination as in Subsection B(1) above, to ensure compliance with § 350-174A when requested by the affected property owner.

§ 350-175 Environmental performance standards.

Notwithstanding the applicable laws and regulations of the U.S. Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, the following performance standards shall be used by the Board of Commissioners, Township Advisory Planning Agency, and Township Engineer in reviewing the suitability and possible hazardous effects of a proposed use:
A. 
In determining whether a proposed use is or may become noxious, hazardous or offensive, the following standards shall apply. The proposed use may not:
(1) 
Constitute a nuisance or damage to health or any property by reason of disseminating of noxious, toxic or corrosive fumes, smoke, odor or dust in the immediately surrounding area or, in the case of Industrial District, beyond the district boundary line.
(2) 
Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line or, in the case of Industrial District, beyond the district boundary line.
(3) 
Endanger surrounding areas by reason of radiation, fire or explosion.
(4) 
Produce objectionable heat or glare beyond the property line or, in case of Industrial District, beyond the district boundary line.
(5) 
Result in electrical disturbance in nearby residences or adversely affect the operation of equipment other than on the property on which the disturbance is located.
(6) 
Discharge any untreated sewage or industrial waste into any stream or otherwise contribute to the pollution of surface or underground waters.
(7) 
Endanger the underground water level or supply for other properties.
(8) 
Create an objectionable traffic condition on the highway or in an adjacent area or generate a nuisance to surrounding property by reason of truck traffic.
(9) 
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the environmental quality of the surrounding area.
B. 
The applicant shall demonstrate to the Township Engineer that:
(1) 
The proposed use(s) will comply with the standards contained in Subsection A, herein.
(2) 
Adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use(s) will not be noxious, hazardous or offensive, as defined in Subsection A, herein.
(3) 
The Township Engineer may require, in order to determine that adequate safeguards are provided, that:
(a) 
The applicant submit necessary information, impartial expert judgments and written assurances.
(b) 
The applicant obtain the advice of appropriate local, state and federal agencies and of private consultants.
(c) 
The applicant's proposed use complies with such tests or provides such safeguards as are deemed necessary by the Board of Commissioners, upon the advice of the Township Engineer.
C. 
Control of smoke.
(1) 
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann chart, as published by the U.S. Bureau of Mines.
(2) 
Smoke of a shade not darker than No. 2 on the Ringelmann Smoke Chart may be emitted for not more than four minutes in any 30 minutes.
(3) 
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
D. 
Control of dust and dirt, fly ash and fumes, vapors and gases.
(1) 
No emission shall be made which can cause any damage to health, to animals or vegetation or other form of property or which can cause any excessive soiling at any point.
(2) 
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point.
(3) 
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
E. 
Control of noises. At no point on the boundary of a residential or business district shall the sound pressure level of any operation exceed the maximum of that permitted as established by resolution of the Board of Commissioners of the Township, which resolution shall be considered a part of this chapter for all intents and purposes, the same as if it was from time to time included as a provision of this chapter.
F. 
Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. The guide for determining the quantity of offensive odors shall be established by resolution of the Board of Commissioners.
G. 
Control of glare and heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point along the lot lines.