West Norriton Township
City Zoning Code
City Zoning Code
PART 14
GENERAL REGULATIONS
§ 27-1401 Nonconforming Building or Use.
[Ord. 524, 12/31/1991; as amended by Ord. 05-603, 7/12/2005, § 1]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
§ 27-1402 Nonconforming Lot.
[Ord. 524, 12/31/1991; as amended by Ord. 583, 1/6/2003, § 3]
1.
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.
2.
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.
§ 27-1403 Reduction of Lot.
[Ord. 524, 12/31/1991]
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 27-1404 (Reserved) [1]
[Ord. 524, 12/31/1991; as amended by Ord. 09-638, 5/12/2009]
[1]
Editor's Note: Ordinance 09-638 repealed this section, stating that "authority to authorize conversion of dwellings by special exception is rescinded."
§ 27-1405 Access.
[Ord. 524, 12/31/1991]
No dwelling shall be erected or altered unless there is direct access to it from a street or highway through an open space at least as wide as the dwelling and on the same lot, as provided in the Building Code in Chapter 4.
§ 27-1406 Yard Exception for Private Garage.
[Ord. 524, 12/31/1991; as amended by Ord. 583, 1/6/2004, § 4; and by Ord. 08-625, 3/11/2008]
A private garage which is not an integral structural part of a main building may be located in the required side and/or rear yard, provided that it is situated not less than four feet from any property line, and provided that it is situated no less than 10 feet farther back from the street line than the rearmost portion of the main building. A storage structure may be located in the required side and/or rear yard, provided that it is situated not less than four feet from any property line, and provided that it is situated no less than 10 feet further back from the street line than the rearmost portion of the main building.
§ 27-1407 Vision Obstruction.
[Ord. 524, 12/31/1991]
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 or public road by obscuring the view.
§ 27-1408 Prohibited Uses.
No building may be erected, altered, or used, and no lot or premises may be used in, or within 100 feet of, a residence district for any use which is noxious or offensive by reason of odor, dust, smoke, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion or otherwise. In a commercial or industrial district, no noxious, offensive, or hazardous use shall be permitted unless adequate provision is made to reduce and minimize such objectionable elements to the satisfaction of the Zoning Hearing Board. In order to insure that adequate safeguards are provided and in order to determine that a use is not injurious to the public health or safety, the Zoning Hearing Board may consult such official agencies or private experts as it deems necessary.
§ 27-1409 Public Service Corporation.
[Ord. 131, 8/8/1952; as amended by Ord. 348, 11/19/1968]
This Chapter 27 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 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.
§ 27-1410 Required Off-Street Parking and Loading.
[Ord. 524, 12/31/1991; as amended by Ord. 547, 5/13/1996, §§ VI-XIII; by Ord. 554, 2/10/1997, §§ 2-3; and by Ord. 07-611, 1/20/2007, §§ 1, 2]
Any building or other structure erected, altered or used, and any lot used or occupied, for any of the following purposes, shall be provided with minimum off-street parking spaces, together with adequate passageways, driveways or other means of circulation and access to and from a street or way as set forth below:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
(1)
Church, School, Public Auditorium, Assembly or Meeting Room, Places of Public or Private Assembly. One parking space for every five seats or stacked chairs provided, or available, for public or private assembly, in addition to one parking space for each staff employee.
(2)
Hospital, Convalescent Home, Nursing Home, Rest Home or Sanitorium. One parking space for every four beds, in addition to one parking space for each employee.
(3)
Community Center, Library, Museum, Similar Establishments. One parking space for every 500 square feet of floor area in public use, in addition to one parking space for each employee.
(4)
Institutional Home. One parking space for every two occupants, in addition to one parking space for each employee.
(5)
Residential Club. One parking space for each occupant; one parking space for each employee; 10 parking spaces for every 1,000 square feet of floor area in public use.
F.
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.
(1)
Retail Store or Shop. One parking space for each 200 square feet of gross floor area.
(2)
Department Store or Supermarket. One parking space for each 200 square feet of gross floor area.
(3)
Indoor Theatre. One parking space for every four seats, in addition to one parking space for each employee.
(4)
Hotel, Tourist Home, Motel or Auto Court.
(a)
With associated restaurant, nightclub or other amenities: 1 1/4 parking spaces for each rental unit in addition to one parking space for each 100 square feet of area devoted to patron use in the restaurant, nightclub or similar facility.
(b)
Without associated uses: 1 1/4 parking space for each rental unit.
(5)
Office Building. One parking space for each 250 square feet of usable area.
(6)
Restaurant, Cafe, Tea Room, Barroom or other Similar Establishment. One parking space for each 50 square feet of floor space devoted to patron use, in addition to one parking space for each employee.
(7)
Laboratory and Large Commercial Establishments, i.e. Warehouses. One parking space for every two employees.
(8)
Industrial Establishments. Ten parking spaces for the first 10,000 square feet of floor space area, plus one parking space for each additional 2,000 square feet, or fraction thereof.
(9)
Commercial Open Air Sales Establishments. Commercial open air sales establishments such as used car lots, garden marts, nurseries, farm equipment sales, roadside markets and refreshment stands shall have a sufficient number of parking spaces so as to avoid on-street parking with a minimum of one parking space for each employee.
(10)
Drive-In Facilities. At least 200 lineal feet of area for vehicles awaiting service shall be provided for drive-in facilities and uses. The 200 lineal feet of driveway, in one or more usable lanes, shall be measured from the right-of-way line of the street to each window or other place in the building where the vehicle must enter or pass for service. The parking areas shall be so designed that vehicles awaiting service will not impede traffic in the street.
(11)
Other Commercial Buildings. One parking space for every 1,000 square feet of floor area, or fraction thereof, plus one parking space for each employee, except when otherwise authorized as a special exception consistent with the requirements set forth herein for comparable establishments.
(12)
Indoor Athletic Facility. One space for each employee plus additional spaces necessary to accommodate the greatest number of persons using the facility on a day-to-day basis, as determined by the Township Engineer.
(13)
Conference Facility. Twenty spaces for each 1,000 square feet of gross floor area.
(14)
Convention Facility. Thirty parking spaces for each 1,000 square feet of gross floor area.
G.
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:
(1)
The owners of two or more establishments shall submit, with their application for conditional use, a site plan showing joint use and location of a common off-street parking area.
(2)
The Board of Commissioners may, in its discretion, reduce the required aggregate amount of required parking space upon determination that greater efficiency is effected by joint use of a common parking area; in no case shall the ratio of total off-street parking area to applicable total floor space be reduced less than 25%.
H.
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.
I.
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].
J.
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:
(1)
No portion of any parking area shall be used for the sale, repair or dismantling of any vehicles, machinery, equipment, materials or supplies.
(2)
Parking areas shall be properly graded for drainage, paved with concrete, asphaltic concrete, asphalt, oil or any dust-free paving, and shall be maintained in good condition, free of vegetation, dust, dirt, trash or debris.
(3)
Parking areas shall be provided with entrances so located as to minimize traffic congestion and the effect of headlight glare.
(4)
Lighting facilities shall be so arranged that they neither unreasonably nor unnecessarily disturb occupants of adjacent residential properties nor interfere with traffic by either location or glare.
(5)
A plant strip not less than 25 feet in width shall be provided along each property line which is opposite or adjacent to a Residential or Apartment House District. Such strip shall be planted hedge, evergreens or other suitable shrubbery which shall give an all-year-round screen, so arranged as to minimize noise, glare and dust from all parking facilities.
K.
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.
L.
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.
M.
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:
(1)
In the case of a land development including a mix of uses, a reduction may be permitted based upon the efficiencies derived by shared parking for uses which have complementary peak demands. The applicant shall submit parking generation data, based upon standard methodology (such as that published by the Urban Land Institute) sufficient for the Board to determine the appropriate reduction.
(2)
In the case of a land development consisting of two or more contiguous uses of the same classification, the Board may permit a reduction of the aggregate amount of required parking upon a determination that greater efficiency is effected by joint use of a shared parking area, but in such case the required number of off-street parking spaces shall not be reduced by more than 25%.
§ 27-1411 Adult Business Uses.
[Ord. 524, 12/31/1991]
Adult business uses, shall be prohibited in all districts except in the I Industrial District, where they shall be permitted as a use by special exception subject to the following:
1.
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:
A.
Applications for a special exceptions permit for an adult business use shall be submitted to the Zoning Hearing Board at least 20 days prior to the next regular meeting of the Zoning Hearing Board. At that meeting, the Zoning Hearing Board shall receive the application and all information required by this section. The Zoning Hearing Board shall refer such to the Township Planning Commission for its review before taking action on the special exception use permit application.
B.
Upon receipt of an application for an adult business use special exception permit, the Zoning Hearing Board shall establish the date, time and place for a public hearing by public notice. In addition to the public hearing notice, a written notice shall be mailed to the owners of all property within 200 feet of the site proposed for the adult business use. Such public hearing shall be held not later than 60 days following the meeting at which the Zoning Hearing Board receives such application.
C.
The Planning Commission shall review the application at its next regular meeting following the receipt of the application from the Zoning Hearing Board. Within seven days of such review, the Planning Commission shall submit a written report to the Zoning Hearing Board on its findings on the conformity of the adult business use special exception permit application with the requirements of this and other applicable ordinances.
D.
At the first regular or special meeting of the Zoning Hearing Board subsequent to the conducting of the public hearing, the Zoning Hearing Board shall take action on such application. The Zoning Hearing Board may approve the special exception permit subject to specific conditions or changes, or may disapprove the special exception permit with a specific list of reasons for such disapproval. Written notification of the action of the Zoning Hearing Board, with reasons therefor, shall be mailed to the applicant by the Township Secretary within five days of action by the Zoning Hearing Board.
E.
All applications for an adult business special exception permit shall be accompanied by a site plan. The following information shall be included, in addition to the site plan:
2.
Other Requirements.
A.
All storage and displays shall be located within the building.
B.
All business transactions on the premises shall be conducted within the building.
C.
No exterior changes, excluding maintenance, to a building proposed to be used for an adult business use shall be made without the approval of the Zoning Hearing Board. In no case shall opaque covering of display windows be permitted.
D.
No more than one type of adult business use, as defined here, may operate on any lot.
E.
Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas, shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
F.
In adult mini-motion-picture theaters, no openings are permitted through walls separating private viewing booths.
3.
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:
A.
Sign messages shall be limited to written description of material or services available on the premises.
B.
Sign messages may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas.
C.
Adult business uses shall be limited to 20 square feet in sign area, with lettering on said signs not exceeding four inches in height.
4.
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.
5.
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:
Name, residence address and social security number. |
6.
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.
7.
A special exception permit may be modified subject to the criteria and procedures established in this chapter.
8.
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.
§ 27-1412 Temporary Use Permit.
[Ord. 524, 12/31/1991]
A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not exceeding one year, and may be renewed annually for an aggregate period of not more than three years, when authorized as a special exception by the Zoning Hearing Board.
§ 27-1413 Front Yard Exception.
[Ord. 524, 12/31/1991]
The front yard of a proposed building in an R-2 Residence, C Commercial, or I Industrial District may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building, and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.
§ 27-1414 Parking Lots in Residence Districts.
[Ord. 524, 12/31/1991; as amended by Ord. 05-603, 7/12/2005, § 1]
Where a property is split-zoned, an open-air parking lot for the use of the employees and patrons of a place of business within West Norriton Township may be permitted in the Residence District portion of the property as an accessory use of such business, when authorized as a conditional use by the Board of Commissioners, subject to the parking area requirements of the West Norriton Township Subdivision and Land Development Ordinance [Chapter 22]. No parking shall be located more than 300 feet from a Business and Professional, Commercial, Limited Commercial, Limited Commercial and Industrial, or Industrial District boundary. The Board of Commissioners shall have authority to impose such additional conditions as it may deem necessary to safeguard neighboring residents, including but not limited to lighting and buffering requirements. No nonconforming use situated within a residence district is permitted to extend or expand its parking lot area.
§ 27-1415 Lot Size Minimums for Subdivisions.
[Ord. 524, 12/31/1991]
Whenever land is hereafter subdivided into two or more lots, tracts or parcels for the purpose of transfer, sale or improvement, the following regulations shall supersede the pertinent district regulations when they impose greater restrictions than the district regulations:
1.
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.
2.
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.
3.
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:
A.
The practicality of utilizing sanitary sewers connected to a common septic tank or tanks in each subdivision shall be determined by the Engineers of the Authority and of the Township.
B.
The construction of the sanitary sewer system and of the septic tank or tanks shall be subject to inspection and approval by the Authority Engineers, the engineering costs and inspection charges to be paid by the subdivider.
C.
Such sanitary sewage collection and disposal system shall conform with all of the requirements of the public health authorities.
D.
Should the Authority determine that its sanitary sewer system is not to be extended so as to service the whole or any part of such subdivision, the subdivider shall forthwith construct and install at his own expense, septic tanks on the property not to be serviced, connect the buildings with such septic tanks in order to furnish an on-site sewage disposal system and disconnect the properties from the sanitary sewers which have been constructed in the subdivision.
E.
If, as and when the Authority has extended its sanitary sewer system and the same has been connected with the sanitary sewers constructed in the subdivision, the subdivider shall promptly take such measures as may be necessary to eliminate the common septic tank(s) as may be required by the public health authorities and the Township and Authority Engineers.
F.
The subdivider shall enter into such agreements with the Township and the Authority and give such assurances as are acceptable to them to insure compliance with the provisions of this § 27-1415.
G.
All costs and expenses of the Township and the Authority incident to the construction of the above authorized and required sanitary sewage disposal facilities shall be paid by the subdivider.
H.
As each property in the subdivision is connected to the subdivider's sanitary sewer system, the subdivider shall pay to the Township Municipal Authority a connection fee, in an amount as established from time to time by resolution, to be held by the Authority, in escrow. If, as and when the Authority's sanitary sewer system is connected to the sanitary sewer system of the subdivider, the Authority may withdraw from the escrow fund, and use for its own purposes, the connection fee paid for each property so served by it. Should the Authority determine that its sanitary sewer system is not to be extended so as to service the whole or any part of such subdivision, the Authority shall refund to the subdivider the connection fee for each property in the subdivision which is not served or to be served by it.
§ 27-1416 Review of Proposed Exception or Change.
[Ord. 524, 12/31/1991]
In any instance where the Zoning Hearing Board is required to consider an exception or change in this Chapter 27 or the Zoning Map, the Board or Planning Commission shall, among other things:
A.
Assure itself that the proposed change is consistent with the spirit, purpose and intent of this Chapter 27.
B.
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.
C.
Determine that the proposed change will serve the best interest of the Township, the convenience of the community, where applicable, and the public welfare.
D.
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.
E.
Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable.
F.
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.
§ 27-1417 Exemption of Township Real Estate.
[Ord. 524, 12/31/1991]
All real estate now owned or hereafter acquired by West Norriton Township is hereby exempted from the provisions of this Chapter 27.
§ 27-1418 Fences.
[Ord. 524, 12/31/1991]
No fence or wall, except a retaining wall or a wall of a building permitted under the terms of this Chapter 27, shall be erected or constructed over six feet in height within any of the open spaces required by this Chapter 27, unless that portion over six feet in height shall contain openings of not less than 50%.
§ 27-1419 No-Impact Home-Based Business.
[Ord. 524, 12/31/1991; as added by Ord. 584, 1/6/2003, § 3]
No-impact home-based businesses are hereby permitted in all residential zones provided the business or commercial activity satisfies the following requirements.
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including but not limited to, parking, signs or lights.
E.
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.
F.
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.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
§ 27-1420 Decks and Patios.
[Added by Ord. 05-601, 4/12/2005; as amended by Ord. No. 2020-739, 7/14/2020]
Decks and patios may extend into the required rear and side yard setbacks of a single-family dwelling, twin dwelling, attached dwelling, townhouse structure, duplex dwelling and twin duplex dwelling, provided that such deck or patio shall be unenclosed and uncovered above the deck or patio, except for a safety railing. The deck or patio perimeter shall in no case be closer than 15 feet to a property line and shall not extend into any perimeter landscape buffers required for the district, except in the case of attached dwellings, in which case the deck or patio may extend to the common party wall boundary line.
§ 27-1421 Off-Premises Outdoor Sales.
[Added by Ord. 05-603, 7/12/2005, § 1]
No off-premises outdoor sales of merchandise, materials, equipment, products, parts or commodities shall be permitted, except as noted below:
1.
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.
§ 27-1422 Hookah Bars.
[Ord. No. 2023-765, 12/12/2023]
1.
Purpose and Findings.
A.
The use of hookah pipes and other similar devices used in a hookah bar and the activities associated with such businesses (including loud music, large numbers of customers congregating for long periods, etc.) have been associated with increases in odors, noise, vapors, secondhand smoke, parking impacts, loitering, and disturbances in the peace. The purpose of this section is to prevent the overconcentration of this use and to mitigate the negative impacts associated with this use.
B.
Smoking and vaping uses expose minors to dangerous secondhand smoke by-products and increase the potential for minors to associate smoking of hookah pipes with a normative or healthy lifestyle.
C.
Tobacco smoke, including secondhand smoke, from hookah pipes contributes to indoor air pollution and is a significant health hazard and carcinogen to smokers and nonsmokers alike, including employees and guests of hookah bars.
D.
The U.S. Centers for Disease Control and Prevention reports that smoking a hookah has many of the same health risks as cigarette smoking; that hookah use by youth is increasing; that the charcoal used to heat hookah tobacco can have negative health risks because it produces high levels of carbon monoxide, metals, and carcinogens; that hookah smokers may absorb more of the toxic substances also found in cigarette smoke than cigarette smokers do; that secondhand smoke from hookahs can be a health risk for nonsmokers; and that new forms of electronic hookah smoking are now on the market and very little information is available on the health risks of electronic tobacco products.
2.
A hookah bar, if otherwise permitted by this chapter, shall only be permitted pursuant to the following regulations and requirements:
A.
Distance Requirement. The parcel of land where the hookah bar is situated shall be located at least 1,000 feet from parcels containing the following uses:
B.
Age Requirement. No persons under 21 years of age shall be permitted within a hookah bar and business owners or operators shall require proof of identification to verify the age of customers and visitors.
D.
Hours of Operation. Operating hours shall be limited from 8:00 a.m. to 12:00 a.m.
E.
Indoor Operation Only. All business-related activity, including smoking, shall be conducted entirely within a building. Outdoor seating, operating outdoor barbecues or braziers, and/or lighting coals or fires outdoors shall not be permitted.
F.
Alcoholic beverages shall not be permitted to be brought onto the premises for on-premises consumption by customers or visitors. The sale and service of alcohol by the hookah bar shall comply with all federal, commonwealth, and local laws.
G.
Visibility and Illumination. No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours. The interior of the establishment shall have lighting adequate to make the conduct of patrons within the establishment readily discernible to people of normal visual capabilities.
H.
Ventilation. Adequate ventilation must be provided in accordance with all standards imposed by the Township Building Official and Fire Department, and those establishments by federal, commonwealth and local laws. The requirements imposed by the Building Official or Fire Department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings. The ventilation shall, at a minimum, prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coal indoors.
I.
Noise. Any amplified noise shall be subject to the regulations established in the West Norriton Township Code.