Westmont City Zoning Code
ARTICLE IX
Supplementary Regulations
§ 225-42 Additional height, area and yard requirements.
The district regulations set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.
A.
Additional height regulations.
(1)
Single-family dwellings and two-family dwellings may be increased in height by not more than 10 feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than 10 feet, but they shall not exceed three stories or 45 feet in height.
(2)
Chimneys, elevator bulkheads, monuments, stage towers or scenery lofts, water tanks, ornamental towers and spires, radio antennas, television antennas and necessary mechanical appurtenances may be erected to a height above the limitations of the district, but not to exceed 15 feet over such limitations. [NOTE: Removes items from the current Code section and places them in a new § 225-42A(3). Radio and television antennas are also added to this revised section.]
[Amended 2-10-1998 by Ord. No. 737; 5-12-1998 by Ord. No. 740]
(3)
Cooling towers, fire towers, stacks, water towers, radio towers, television towers and telecommunications towers may be erected in R-3 Residential Districts, R-4 Residential Districts and in commercial districts so long as they do not exceed 75 feet and so long as:
[Added 2-10-1998 by Ord. No. 737; amended 5-12-1998 by Ord. No. 740]
(a)
Such towers and stacks shall be located not less than 25 feet from any lot line and the required setback shall be increased by one foot for each vertical foot of structure that exceeds the allowable height for the district in which it is to be erected.
(b)
Accessory appurtenant structures, support cables and other structures associated with any tower shall be located not less than 15 feet from any lot line or any setback in that district.
(c)
All towers, support cables and appurtenant structures shall be within a protective fence with locking gates. Such fences shall be six feet in height.
(d)
All safety lighting shall be installed and maintained and all operations shall be conducted in accordance with FAA, FCC or other applicable regulations.
(e)
All proposed towers and stacks must be certified in writing by the Borough Engineer or his designate to be structurally sound under American National Standards Institute standards as proposed before construction may begin, and as constructed, within 30 days of its completion.
(f)
All towers and stacks exceeding 25 feet in height must be certified as structurally sound under American National Standards Institute standards by the Borough Engineer or his designate every second year, beginning on the first business day in June in the second year following their construction.
(g)
All towers and stacks exceeding 25 feet in height must be made structurally sound or removed at the property owner's expense within 60 days of a written finding by the Borough Engineer or his designate that they are not structurally sound.
(h)
All towers and stacks must be removed and the site returned to a natural state, with all towers and appurtenances removed, at the owner's expense and the use by special exception terminated within six calendar months of the discontinuance of their use as a tower or stack.
(i)
The owner/responsible party of all towers and stacks must pay the cost (100%) of inspection.
B.
Additional area regulations. When more than one multiple-family dwelling building is erected upon a single lot or tract, the minimum distances between main buildings shall be the following:
C.
Additional yard regulations.
(1)
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed 12 inches. This requirement shall not prevent the construction of fences not exceeding six feet in height. No fence of any type shall be permitted on that portion of lots within 30 feet of the intersection of two or more streets.
[Amended 1-12-1993 by Ord. No. 703; 5-9-2023 by Ord. No. 854]
(2)
Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than four feet six inches and the ordinary projections of chimneys and flues may be permitted by the Zoning Officer.
(3)
For the purpose of side yard requirements, a two-family dwelling shall be considered as one building occupying a single lot.
(4)
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the floor level of the first (ground) story may project into a required side yard, provided that these projections are a distance of at least five feet from the adjacent side lot lines.
(5)
Fences, hedges, trees or other structures or plantings of any nature shall not be located at street corners so as to interfere with vision clearance at intersections across corner lots. The height of such objects is restricted to three feet above the established street grade within a triangular area formed by the intersecting street lines and equidistant from the point of intersection. This distance shall be 30 feet from the corner.
D.
Accessory vehicle parking regulations.
[Added 6-11-1996 by Ord. No. 728]
(1)
The parking of accessory vehicles may occur in the rear and side yard areas and/or as specified under Article X, Off-Street Parking and Loading Requirements for the Commercial District.
(2)
The location of accessory vehicles shall meet front yard, the side yard and rear yard setback requirements for accessory structures for the zoning district in which the property is located.
(3)
The total percentage of lot coverage, which shall include all structures and buildings, and the size of any accessory vehicles as defined in § 225-6J of this chapter shall not exceed 10% above the maximum permitted lot coverage for the zoning district in which the property is located.
(4)
The number of accessory vehicles parked on any one property shall be limited to two.
(5)
Accessory vehicles shall maintain current licenses, registrations and inspections as may be required for the type of vehicles.
(6)
The accessory vehicle shall be the property of the owner or tenant of the property on which it is parked.
(7)
The maximum height for such vehicles shall meet the requirements for accessory structures in the respective zoning districts.
(8)
A new permit shall be required in the event that a different accessory vehicle is to be parked on a lot. The change in overall length by more than four feet and/or overall size by more than 50 square feet will constitute a different vehicle for the purposes of this section.
§ 225-43 Slope area restrictions.
A.
Applicability.
(1)
The restrictions set forth in this section apply in all instances and to all districts where appropriate and supplement the district regulations which appear elsewhere in this chapter.
(2)
Slope area restrictions shall apply when the average cross slope of that portion of the parcel to be developed exceeds 20% ("development portion," for purposes of this Article, shall be interpreted to mean the building area on which the structure is situated, plus all required yard areas, parking lots or other required land area in conjunction with any site development) and the development of the property will unduly increase the danger of stormwater, sewerage drainage or other runoff and result in erosion or other damage to surrounding lands.
B.
Lot areas. The lot or parcel shall contain a minimum area of three acres for residential uses and a minimum area of 10 acres for all other uses.
C.
Yard areas and setbacks. No buildings or structures shall be constructed or enlarged unless the following setback lines and yards are established and maintained in connection with said buildings.
(1)
There shall be established and maintained a setback building line of not less than 100 feet for every structure from any public right-of-way.
(2)
Side and rear yards of not less than 75 feet shall be maintained, except that, where a nonresidential use abuts a residential district, yard widths of at least 100 feet shall be established and maintained.
(3)
If it is determined by the Sewage Enforcement Officer of the Borough or of the State Department of Environmental Resources that the above-cited yard area and setback requirements are not sufficient to properly and safely accommodate on-site sewage disposal systems, the Zoning Hearing Board shall require greater yard areas and setback minimums as deemed necessary to meet the intent and purposes of this chapter prior to the issuance of a zoning permit by the Zoning Officer.
D.
Planting area.
(1)
A planting screen consisting of suitable shrubbery and/or trees maintained at an average height of at least eight feet and an area width or depth of at least 25 feet shall be planted and maintained in the area between any building and the property line of a nonresidential use which abuts a residence district.
(2)
Where trees already exist within the screen area specified above, these trees shall remain undisturbed, except that diseased or dead material may be removed. Trees may be removed to provide access for utility lines across required planting screens; however, all care must be exercised not to disturb the larger, more desirable trees which are living.
(3)
When any tree is removed, it shall be replaced by a seedling suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
§ 225-44 Mobile home parks. [1]
A.
Use. Mobile home trailer parks shall be permitted in an R-3 Residential District only.
B.
Lot area. The minimum area for every mobile home park hereafter developed shall be two acres.
C.
Plot plan. Each application shall be accompanied by three copies of a plot plan drawn at a scale of one inch equals 20 feet, prepared by a licensed surveyor or engineer, showing limits and square footage of the proposed mobile home park and the location and size of driveways, parking areas, drying areas, playgrounds, service buildings, other buildings and mobile home lots, together with required setbacks from rights-of-way and property lines. All mobile home lots shall be numbered in sequence on the plot plan. As mobile home parks also constitute a subdivision of land, each mobile home park must also comply with the Subdivision and Land Development ordinances of Westmont Borough.[2]
D.
Minimum lot area for each mobile home. The minimum unit area for each mobile home lot used or occupied by and under each mobile home shall be as follows:
(1)
Seventy-five percent of the lots in any one mobile home park shall be not less than 2,100 square feet in area.
(2)
Twenty-five percent of the lots in any one mobile home park shall be not less than 1,800 square feet in area.
(3)
Density in any mobile home park shall not exceed 10 units per gross acre.
E.
Minimum width of mobile home lots. The minimum width for each mobile home lot shall be 30 feet.
F.
Minimum distance between mobile homes. No mobile home shall be placed within 15 feet of another, provided that, with respect to mobile homes parked end-to-end, the distance between mobile homes so parked shall be not less than 10 feet.
G.
Setbacks. No mobile home shall be placed a lesser distance from the mobile home park boundary than the side yard width required in the zoning district which abuts each boundary line. In no case shall a mobile home be parked less than 10 feet from the mobile home park boundary. All mobile homes shall be set back from any public street the same distance as buildings are required to be set back in the zoning district in which the mobile home park is located.
H.
Markers. Every lot shall be clearly defined on the ground by permanent markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot as shown in the plot plan.
I.
Driveways. The minimum lane or driveway on which an individual mobile home lot fronts shall be 28 feet in width. In cases where driveways dead-end, there shall be constructed at each such dead end a cul-de-sac with a minimum turning radius of 50 feet. All construction material for such roads shall meet established Borough requirements. When an entrance to any mobile home park is from a state highway, approval of said entrance from the Pennsylvania Department of Transportation must be secured before said development is approved.
J.
Water and sewer facilities. An adequate supply of water approved by the Department of Environmental Resources or Health Department shall be furnished from a public water supply system or from a private water system conforming to all applicable laws, regulations, resolutions, resolutions and ordinances, with supply faucets located on each mobile home lot. In each park, all wastewater from a faucet, toilet, tub, shower, sink, drain, washing machine, garbage disposal unit or laundry shall empty into an approved sewer system installed in accordance with state and Borough regulations.
K.
Service buildings. Each mobile home park shall provide service buildings to house the following facilities:
(1)
All service buildings shall be permanent structures complying with ordinances regulating the construction of buildings.
(2)
All service buildings shall be adequately lighted at all times of day and night, shall be well ventilated, shall be constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of not less than 68° F. during the period from October first to May first.
(3)
Service buildings housing sanitation facilities shall be located not closer than 20 feet to any mobile home lot nor further than 150 feet from any mobile home lot serviced by such building. Setback requirements from public streets pertaining to mobile homes shall also apply to service buildings. Walkways shall be provided from each service building to the nearest driveway and shall be constructed and maintained to a minimum width of three feet in a manner and of materials suitable for all-weather use.
(4)
All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance or fire hazard.
L.
Storage tanks. Gasoline, liquefied petroleum, gas or oil storage tanks shall be so installed as to comply with all County, State and National Fire Prevention Code Regulations.
M.
Additions to mobile homes. No permanent or semipermanent structure shall be affixed to any mobile home as an addition to such mobile home, nor shall any accessory structure be permitted on any mobile home lot or in any mobile home park except those accessory structures required by these regulations and an office structure. The prohibition herein against any addition or accessory to a mobile home shall not apply to a canopy or awning designed for use with a mobile home.
N.
Percentage of lot coverage. The maximum lot coverage of a mobile home shall not exceed 30% of the total mobile home lot area.
§ 225-45 Swimming pools.
A.
Permanently installed swimming pools shall be permitted in all Residential and Commercial Districts by special exception from the Zoning Hearing Board, provided that the same are not operated for profit. Storable swimming pools shall be a permitted use, by building permit, in all Residential and Commercial Districts.
[Amended 11-13-2007 by Ord. No. 796]
B.
All swimming pools shall be erected, constructed and maintained in accordance with the following minimum regulations and in accordance with such other rules and regulations as the Zoning Hearing Board in its discretion may prescribe.
(1)
All swimming pools must be provided with an adequate drainage system connected with a storm sewer of the Borough of Westmont, where accessible, and constructed of such material as may be approved by the Zoning Hearing Board. In the event that a Borough storm sewer is not accessible, the Board shall have full power to prescribe rules and regulations to ensure adequate drainage without harm to other persons or property.
(2)
All swimming pools must be enclosed with a protective fence with suitable protection gate or gates. Said protective fence shall have a minimum height of four feet and a maximum height of six feet. Hot tubs and spas shall be protected by a fence, as described herein, or by a lockable cover.
[Amended 11-13-2007 by Ord. No. 796]
(3)
All swimming pools shall be erected, constructed and maintained with a suitable water filtration system in working order in accordance with minimum specifications as may be prescribed by the Zoning Hearing Board.
(4)
All swimming pools and buildings accessory thereto, such as dressing rooms, shower rooms, etc., must conform to yard, area and height regulations as contained elsewhere in this chapter. No pool shall be covered with a building or other structure without prior approval from the Zoning Hearing Board, and no temporary-type enclosure shall be permitted.
(5)
All previously existing swimming pools, hot tubs and spas, as defined herein, shall be brought into compliance with these rules and regulations within 90 days from the effective date of this ordinance.[1]
[Amended 11-13-2007 by Ord. No. 796]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 796, which provided an effective date of 1-1-2008.
C.
Department of Environmental Resources. All swimming pools shall conform to the Pennsylvania Department of Environmental Resource Standards.
§ 225-45.1 Group home facilities.
[Added 12-13-1994 by Ord. No. 717]
A.
Group home facilities are permitted in all residential and commercial zones by special exception.
B.
Group home facilities are hereby deemed as a type of residential use and not as an institutional use. The following regulations are adopted in the interest of protecting the residents of such facilities, to ensure the residential character of the structure and of the surrounding neighborhood and to prevent other types of facilities (specifically nonvoluntary and penal living arrangements) which are likely to be disruptive to the residential character of the neighborhood from being classified as group homes.
C.
All group homes shall hold a valid license, specifically as a group home, from the Pennsylvania Department of Public Welfare, or other governmental agency, and shall meet all current department regulations, including those standards governing indoor space and applicable state and local building and fire safety codes.
D.
The residential exterior appearance of the structure shall be maintained. No external alterations, additions or changes to the exterior of the structure are permitted, except as may be required by the Pennsylvania Department of Welfare, or other governmental agency, or whereas needed for safety reasons or to accommodate the physically handicapped.
E.
There shall be no more than one kitchen or cooking facility and the group home facility shall consist of living space of a minimum of 250 square feet per occupant for any one facility. Meals shall be served to occupants and visitors only. No separate cooking facility is permitted for any occupant.
F.
No group home shall be located within 1,000 feet of another group home, and additionally not more than one home shall be located on any street or roadway within the Borough of Westmont.
G.
Facilities which house persons who are likely to pose a physical threat to the community may not be deemed "group homes" under provisions of this section. Such persons include, but are not necessarily limited to, individuals who have a potentially violent behavioral disorder or disorders, or who have been convicted of a violent crime or crimes or who have pleaded guilty or who have been found not guilty or culpable due to insanity or lack of mental capacity.