West Norriton Township
City Zoning Code

Continuation. Any lawful use of a building or land existing on August 8, 1952, or authorized by a building permit issued prior thereto, may be continued although such use does not conform with the provisions of this Chapter 27.

Extension. A lawful or formerly authorized nonconforming use of a portion of a building may be extended throughout the building if no structural alterations or additions are made therein, other than those ordered by an authorized Township official to assure the structural safety of the building or structure, provided that such extension may include structural alterations or additions when authorized as a special exception by the Zoning Hearing Board. A lawful nonconforming building or use may be extended upon the lot occupied by such use and held in single and separate ownership as of August 8, 1952, when authorized as a special exception by the Zoning Hearing Board. Any authorized extension or enlargement shall conform to the area and height regulations of the district in which it is situated. Under no circumstances shall a nonconforming business or nonresidential use situated within a Residence District extend or expand its parking area.

Change. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification, if no structural alterations are made therein, provided that such change may include structural alterations when authorized as a special exception by the Zoning Hearing Board. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.

Restoration. A nonconforming building which has been damaged or destroyed by fire or other causes to an extent of not more than 75% of its value, or a nonconforming building which has been legally condemned, may be reconstructed and used for the same nonconforming use, provided that the reconstructed building shall not exceed in height, area, and volume the building destroyed or condemned, and building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.

Abandonment. If a nonconforming use of a building is voluntarily abandoned and ceases for continuous period of one year or more, or if a nonconforming use of land is voluntarily abandoned and ceases for a continuous period of six months or more, subsequent use of such building or land shall be in conformity with the provisions of this Chapter 27.

Township Action. Where, in any Residence District, a subdivision of land has been lawfully undertaken but not completed and where, in such District, by an amendment to this Chapter 27, the area regulations have been so changed that the lot area, frontage, front yard, side yard and rear yard requirements, or any of them, have been increased so that the lots in the subdivision have become nonconforming but the present owner has acquired no vested rights in respect to the former area regulations, and where, by reason of the required and existing public improvements presently constructed in the subdivision it is necessary that the remaining public improvements to be constructed in the subdivision conform with the existing public improvements in order to provide an essential continuity in such public improvements which in turn requires an adjustment in the lot area regulations, and where the area remaining for development is of such extent as to make an application to the Zoning Hearing Board for a variance inappropriate, the Township Commissioners may adjust the lot area, frontage, front yard, side yard and rear yard requirements in such manner as to conform as nearly as possible with the existing requirements of this Chapter 27, the intent and purpose of this § 27-1401 being to provide for the harmonious development of the several residence districts in the Township and to prevent substantial areas in the Township from becoming useless and valueless to the owners thereof.

Held in Single and Separate Ownership. A building may be erected or altered on any lot held as of August 8, 1952, in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided such building or alteration meets the required setbacks for the zoning district in which it is located.

Included in Recorded Plans. Buildings may be erected on lots which are not held in single and separate ownership as of August 8, 1952, and which are not of the required minimum area or width, or on which the required open spaces cannot easily be provided, if such lots are included in a single subdivision plan in the process of building development on August 8, 1952, and approved prior to August 8, 1952, by the Township Commissioners.

Dwelling. Two improved all-weather parking spaces for each dwelling unit. Where a dwelling has been converted to a two- or three-family use, one improved all-weather parking space for each such use. Where rooms are rented in a dwelling as an accessory use, one improved all-weather parking space for each unit so rented. Where rooms in a dwelling are used as an accessory use for professional offices, three additional improved all-weather parking spaces for each professional use. Such improved parking spaces shall be located on the same lot occupied by the dwelling or on land adjacent thereto, except as set forth below. Each parking space, as set forth above, shall be independently accessible to a street or alley; and shall be in addition to any passageway or driveway.

R-3 Residential Districts and Townhouse Condominiums. In R-3 Residential Districts for any dwelling other than single-family detached dwelling or two-family building, and in the case of townhouse condominiums, two improved all weather parking spaces for each dwelling unit.

Rooming House. One improved all weather parking space for each room for rent, located on the same lot occupied by the rooming house or on land adjacent thereto.

Apartment House and Vertical Condominiums. Two improved all-weather parking spaces for each apartment or condominium containing two bedrooms or less, and three improved all-weather parking spaces for each apartment or condominium containing three or more bedrooms, which shall be located on the same lot occupied by the apartment house or condominium building or on land adjacent thereto.

Other Properties. For any of the following uses, the required parking spaces shall be improved all-weather spaces, and shall be located on the same lot with such use or on land adjacent thereto, provided that two or more owners of such premises may maintain a common parking lot if the area thereof lies within 500 feet of an entrance regularly used by the members of patrons of such establishments:

Additional Uses. For any of the following uses, the required parking spaces shall be paved and located on the same lot with such use, or on land adjacent thereto, provided that two or more owners or occupants of such premises may maintain a common parking lot if the area thereof lies within 500 feet of an entrance regularly used by patrons of such establishments, or, in the case of laboratories, industrial establishments or large commercial establishments such as warehouses and the like, within 500 feet of the entrance regularly used by the employees.

Common Parking. Whenever, as set forth in Subsections E and F of this section, two or more owners decide to maintain a common parking lot, such lot must be authorized as a conditional use by the Board of Commissioners, subject to the following conditions:

Definition. A parking space, as used herein, shall be defined as being an open space or a garage, on a lot, used for parking motor vehicles, the area of which shall be generally level, all weather and to which there is access from a street or alley.

Parking Plans. Where plans are required to be submitted to the Township authorities for any of the land uses covered by this section, they shall show the parking facilities required herein and shall not be approved unless the parking facilities provided for herein appear thereon. Such plans shall show the proposed grading, drainage, dimensions and planting of the parking areas, and the sizes of parking spaces in accordance with the Subdivision and Land Development Ordinance [Chapter 22].

Parking Regulations. Parking facilities to be used in connection with industrial, commercial, apartment house, R-3 Residential Districts, condominium, and public parking lot use shall be subject to the following regulations:

Reduction of Facilities. Off-street parking facilities existing as of the effective date of this § 27-1410 shall not subsequently be reduced to an amount less than required hereunder for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this Chapter 27 shall not subsequently be reduced below the requirements of this Chapter 27.

Required Off-Street Loading and Unloading Facilities. Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business shall be hereafter erected or substantially altered.

Shared Parking. The Board of Commissioners, as a conditional use, may permit a reduction in the sum total of the parking for all the uses shown on a land development plan in the following situations:

Procedures. A special exception permit for an adult business use shall be issued by the Zoning Hearing Board, providing the following specific conditions are met:

Other Requirements.

Signs and Other Visible Messages. In addition to the regulations of Part 16 of this chapter and applicable state laws, the following shall apply to all adult business uses:

Locational Requirements. No adult business use shall be located within 1,000 feet of any residential zoning district or within 1,000 feet of the lots on which the following uses are located.

Statements of Ownership. Applications for a special exceptions permit for an adult business use shall include a statement providing specific information on each individual, partner, limited partner, corporate officer, corporate director, or corporate stockholder owning more than 3% of the issued and outstanding stock of corporate applicant, comprising the applicant, to include the following:

Termination or Modification of Special Exception Permit. When a special exception permit for an adult business use is authorized by the Zoning Hearing Board, the continuation of such use shall be dependent upon the conditions established under the permit and this chapter; in the event of a change of conditions or noncompliance of conditions, the Zoning Hearing Board and the Township Zoning Officer shall have the responsibility and right to terminate or revoke the special exception permit.

A special exception permit may be modified subject to the criteria and procedures established in this chapter.

Amortization. Any adult business which would constitute a preexisting use and which would be in conflict with the requirements set forth in this chapter has 90 days from the date that this amendment to this chapter becomes effective to come into compliance with this Part. This ninety-day grace period is designed to be a period of amortization for those preexisting adult businesses which cannot meet the standards set forth in this chapter.

In all sections of the Township which are not served by sanitary sewers nor by a public water supply, residential lots shall have a minimum frontage and average width of 150 feet and a minimum area of 40,000 square feet for each dwelling unit.

In all sections of the Township which are not served by sanitary sewers, but are served by a public water supply, residential lots shall have a minimum frontage and average width of 100 feet and a minimum area of 20,000 square feet for each dwelling unit.

Where subdividers of real estate in West Norriton Township are required, and they are hereby so required, to lay out on their plans of subdivision a system of sanitary sewers and to construct the same as a part of the public improvements incident to such subdivision, the same to be ultimately dedicated to and connected with the sanitary sewer system of the Township Municipal Authority, and where the Authority is committed, but not irrevocably, to the extension of its sanitary sewer system to be connected to the sanitary sewer system of such subdividers, such subdividers, in lieu of laying dry sewers and installing septic tanks to provide sewage disposal facilities for each property appearing on the plan of subdivision, may construct sanitary sewers to be serviced by a common septic tank or tanks to connect the buildings constructed in said subdivision with said sanitary sewer system, said sanitary sewer system and said septic tanks to constitute a purely temporary expedient, the privilege herein granted to be conditioned as follows:

These regulations shall not supersede the provisions of § 27-1402.

Assure itself that the proposed change is consistent with the spirit, purpose and intent of this Chapter 27.

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

Determine that the proposed change will serve the best interest of the Township, the convenience of the community, where applicable, and the public welfare.

Consider the effect of the proposed change upon the logical, efficient and economical extension of the public services and facilities such as public water, sewers, police and fire protection and public schools, and assure adequate sanitation arrangements in specific instances.

Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable.

Impose such conditions, in addition to those required, as are necessary to assure that the intent of this Chapter 27 is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to, parking, signs or lights.

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.

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.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

Nonprofits shall be permitted outdoor sales on their premises or on the premises of another nonprofit organization. A nonprofit shall be defined as a tax-exempt organization that serves the public interest. The organization must be charitable, educational, scientific, religious or literary.

Purpose and Findings.

A hookah bar, if otherwise permitted by this chapter, shall only be permitted pursuant to the following regulations and requirements: