LAND USE ORDINANCE SUMMARY OF TABLE OF CONTENTS. Article VIII. Article V. Article XIII. Article XVI. Article VII.

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1 LAND USE ORDINANCE SUMMARY OF TABLE OF CONTENTS Article I. Article II. Article III. Article IV. Article V. Article VI. Article VII. Article VIII. Article IX. Article X. Article XI. Article XII. Article XIII. Article XIV. Article XV. Article XVI. GENERAL PROVISIONS BASIC DEFINITIONS AND INTERPRETATIONS ADMINISTRATIVE MECHANISMS PERMITS AND FINAL PLAT APPROVAL APPEALS, VARIANCES, SPECIAL EXCEPTIONS, AND INTERPRETATIONS HEARING PROCEDURES FOR APPEALS AND APPLICATIONS ENFORCEMENT AND REVIEW NONCONFORMING SITUATIONS ZONING DISTRICTS AND ZONING MAP PERMISSIBLE USES SUPPLEMENTARY USE REGULATIONS DENSITY AND DIMENSIONAL REGULATIONS RECREATIONAL FACILITIES AND OPEN SPACE STREETS AND SIDEWALKS UTILITIES FLOOD DAMAGE PREVENTION, STORMWATER MANAGEMENT, AND Article XVII. SIGNS Article XVIII. PARKING Article XIX. Article XX. Article XXI. WATERSHED PROTECTION SCREENING AND TREES AMENDMENTS NEIGHBORHOOD PRESERVATION APPENDIX A. Information Required with Applications APPENDIX B. Specifications on Driveway Entrances APPENDIX C. Specifications for Street Design and Construction APPENDIX D. Vehicle Accommodation Area Surfaces APPENDIX E. Screening and Trees Guide for Landscaping APPENDIX F. Noise Measurement Data Sheet APPENDIX G. Method Used in Calculating Point Values for Active Recreation Facilities APPENDIX H. Example of Section , Special Exception APPENDIX I. STORM DRAINAGE DESIGN MANUAL APPENDIX J. Noise Levels [db(a)] for Common Indoor and Outdoor Sounds Page # i

2 TABLE OF CONTENTS LAND USE ORDINANCE AMENDMENTS GENERAL PROVISIONS Article I Section 15-1 Section 15-2 Section 15-3 Section 15-4 Section 15-5 Section 15-6 Section 15-7 Section 15-8 Section 15-9 Section Short Title Authority Jurisdiction Effective Date Relationship to Existing Zoning, Subdivision and Flood Control Ordinances Relationship to Land Use Plan No Use of Land or Buildings Except in Conformity with Chapter Provisions Fees Stricter Regulation Controls Article II BASIC DEFINITIONS AND INTERPRETATIONS Section Section Section Definitions of Basic Terms Lots Divided by District Lines ADMINISTRATIVE MECHANISMS Article III Part I. Planning Board Section Section Section Section Section Section Section Section Appointment and Terms of Planning Board Members Meetings of the Planning Board Quorum and Voting Planning Board Officers Powers and Duties of Planning Board Advisory Committees Northern Transition Area Advisory Committee Page # ii

3 Part II. Board of Adjustment Section Section Section Section Section Section Section Appointment and Terms of Board of Adjustment Meetings of the Board of Adjustment Quorum Voting Board of Adjustment Officers Powers and Duties of the Board of Adjustment Part III. Land Use Administrator and Planning Director Section Section Section Land Use Administrator Planning Director Part IV. Board of Aldermen Section Section The Board of Aldermen Part V. Appearance Commission Section Section Section Appointment and Terms of Appearance Commission Organization and Meetings of Appearance Commission Powers and Duties of Appearance Commission Part VI. Environmental Advisory Board Section Section Section Appointment and Terms of Environmental Advisory Board Organization and Meetings of EAB Powers and Duties of the EAB Article IV PERMITS AND FINAL PLAT APPROVAL Part I. Permit Requirements Section Section Section Section Section Section Section Section Permits Required No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled Who May Submit Permit Applications Concept Plan Review Procedures Prior to Submitting Applications Applications to be Complete Site Planning Procedures for Major Subdivisions Staff Consultation after Application Submitted Zoning Permits Page # iii

4 Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Performance Guarantee to Ensure Compliance with Zoning Permit Special Use Permits and Conditional Use Permits Affordable Housing Goal and Alternative Methods of Achieving the Goal Burden of Presenting Evidence; Burden of Persuasion Findings and Burden of Proof for Conditional Use Permits Required for Taller Buildings in Commercial Districts Recommendation on Special Use Permit Applications Recommendations on Conditional Use Permits Board Action on Special Use and Conditional Use Permits Additional Requirements on Special Use and Conditional Use Permits Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use or Conditional Use Permits Completing Developments in Phases Expiration of Permits Effect of Permit on Successors and Assigns Amendments to and Modifications of Permits Reconsideration of Board Action Applications to be Processed Expeditiously Maintenance of Common Areas, Improvements, and Facilities Part II. Major and Minor Subdivisions Section Section Section Section Section Section Section Section Section Section Section Regulation of Subdivisions No Subdivision Without Plat Approval Minor Subdivision Approval Major Subdivision Approval Process Endorsements on Major Subdivision Plats Plat Approval Not Acceptance of Dedication Offers Protection Against Defects Maintenance of Dedicated Areas Until Acceptance Display of Approved Site Plan Required Signs Posted to Disclose Development Plan Covenants May Not Prohibit Devices that Generate or Conserve Energy or Water Part III. Construction Drawing Approval Section Section Section Section Construction Drawings Shall Conform to Land Use Permit Plans Construction Drawing Submittal Process Record Drawings Construction Drawing Submittal Requirements Page # iv

5 Part IV. Adequate Public School Facilities Section Section Section Section Section Section Section Section Section Purpose Certificate of Adequacy of Public School Facilities Service Levels Expiration of Certificates of Adequacy of Public School Facilities Exemption From Certification Requirement for Development with Negligible Student Generation Rates Applicability to Previously Approved Projects and Projects Pending Approval Appeal of School District Denial of a CAPS Information Required From Applicants Article V APPEALS, VARIANCES, INTERPRETATIONS Section Section Section Section Section Section Section Section Section Appeals Variances Special Exception Permits Interpretations Requests to be Heard Expeditiously Burden of Proof in Appeals, Variances, and Special Exceptions Board Action on Appeals, Variances and Special Exceptions Reasonable Accommodations Article VI HEARING PROCEDURES FOR APPEALS AND APPLICATIONS Section Hearing Required on Appeals and Applications Section Notice of Hearing Section Evidence Section Modification of Application at Hearing Section Record Section Written Decision Section ENFORCEMENT AND REVIEW Article VII Section Section Section Complaints Regarding Violations Persons Liable Procedures Upon Discovery of Violations Page # v

6 Section Penalties and Remedies for Violations Section Permit Revocation and Building Permit Denial Section Judicial Review Section Stop Work Orders Section Article VIII NONCONFORMING SITUATIONS Section Definitions Section Continuation of Nonconforming Situations and Completion of Nonconforming Projects Section Nonconforming Lots Section Extension or Enlargement of Nonconforming Situations Section Repair, Maintenance and Reconstruction Section Change in Use of Property Where a Non-conforming Situation Exists Section Abandonment and Discontinuance of Nonconforming Situations Section Completion of Nonconforming Projects Section Authorization of Nonconforming Projects Section Vested Rights: Site Specific Development Plan Section Vested Rights Upon Issuance of Building Permits Section Nonconforming Signs Section Nonconforming Mobile Home Communities Section Article IX ZONING DISTRICTS AND ZONING MAP Part I. Zoning Districts Section Section Section Section Section Section Section Section Section Section Section Section Section Residential Districts Established Conservation District Established Commercial Districts Established Manufacturing Districts Established Public Facilities District Established Planned Unit Development District Established Residential High Density and Commercial Overlay District Office-Residential Mixed Use District Neighborhood Preservation District Established Jordan Lake Watershed Districts Established Village Mixed Use District Established Conditional Use Zoning Districts Conditional Zoning Districts Page # vi

7 Part II. Zoning Map Section Official Zoning Map Section Amendments to Official Zoning Map Section Downtown Neighborhood Protection Overlay District Section Lloyd/Broad Overlay District Section PERMISSIBLE USES Article X Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Table of Permissible Uses Use of the Designations Z,S,C in Table of Permissible Uses Board of Adjustment Jurisdiction Over Uses Otherwise Permissible with a Zoning Permit Permissible Uses and Specific Exclusions Accessory Uses Permissible Uses Not Requiring Permits Change in Use Developments in the B-3 Zoning District Combination Uses Planned Unit Developments More Specific Use Controls Residential Uses in Conservation Districts Hazardous Substances in B-5 and WM-3 Districts Mobile Home Type Structures Prohibited in Business Districts Outside Display of Goods in B-1(c) and B-1(g) Districts Residential Uses in B-1(c) District Permissible Uses in the Historic District Article XI SUPPLEMENTARY USE REGULATIONS Part I. Non-Residential Performance Standards Section Section Section Section Section Section Section Section Section Good Neighbor Performance Standards for Non-Residential Uses Smoke, Dust, Fumes, Vapors, Gases, and Odors Noise Vibration Ground Water Supply Air Pollution Disposal of Liquid Wastes Water Consumption Electrical Disturbance or Interference Page # vii

8 Section Part II. Miscellaneous Supplementary Use Provisions Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Neighborhood Utility Facilities Community or Regional Utility Facilities Horticultural Sales with Outdoor Display Signs on Historic Buildings Special Events Density Restrictions on Uses Recycling Operations Seasonal Christmas Tree or Pumpkin Sales Temporary Homes for Homeless and Overnight Shelters for Homeless Veterinarian Offices Temporary Structures and Parking Facilities Automobile Repair Shop or Body Shop (9.400) Uses Access for and Restaurant Uses in the B-1(g) Senior Citizen Residential Complex Flag Lots in the Historic District Towers and Antennas Businesses with Drive-In Windows Village Mixed Use Developments for Transfer of Development Rights Vehicle Sales in the B-1(g) Zoning District Mobile Prepared Food Vendors Architectural Standards for Subdivisions Containing Four or More Single-Family Detached Residences Architectural Standards for Downtown Development Child Day Care Homes and Child Day Care Facilities Day Care Uses within Village Mixed Use Development Electronic Gaming Operations Article XII DENSITY AND DIMENSIONAL REGULATIONS Section Section Section Section Section Section Section Section Section Section Minimum Lot Size Requirements Residential Density Residential Density in R-SIR Zoning Effect of Public Acquisition of Property on Density, Setback and Height Requirements Residential Density of Major Developments in Certain Districts Residential Density Bonuses for Affordable Housing Minimum Lot Widths Building Setback Requirements Building Height Limitations Downtown Neighborhood Protection Overlay District Requirements Page # viii

9 Section Lloyd/Broad Overlay District Requirements Section Cluster Subdivisions Section Architecturally Integrated Subdivisions Section Restrictions Designed to Mandate the Construction of Some Smaller New Homes for Sale Section Article XIII RECREATIONAL FACILITIES AND OPEN SPACE Section Active Recreational Areas and Facilities Required Section Exception to Recreational Facilities and Open Space Requirements Section Open Space Section Ownership and Maintenance of Recreational Facilities and Open Space Not Dedicated to the Town Section Dedication of Open Space Section Homeowner s Association Section Flexibility in Administration Authorized Section Fees in Lieu of Active Recreational Areas and Facilities or Usable Open Space Section Downtown Livability Area and Urban Amenities Provisions Section Fees in Lieu of Downtown Livability Area and Urban Amenities Section Ownership and Maintenance of Downtown Livability Areas and Urban Amenities Section STREETS AND SIDEWALKS Article XIV Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Street Classification Access to Public Streets in General Access to Arterial Streets Entrances to Streets Coordination with Surrounding Streets Relationship of Streets to Topography Street Width, Sidewalk, and Drainage Requirements in Subdivisions Street Widths, Sidewalk and Drainage Requirements in Certain Developments General Layout of Streets Street Intersections Construction Standards and Specifications Public Streets and Private Roads in Subdivisions Design Standards for Village Mixed Use Developments Road and Sidewalk Requirements in Unsubdivided Developments Attention to Handicapped in Street and Sidewalk Construction Page # ix

10 Section Street Names and House Numbers Section Bridges Section Utilities Section Road Standards in the University Lake Watershed Section Article XV UTILITIES Part I. Water and Waste Water Section Utility Ownership and Easement Rights Section Lots Served by OWASA-Owned Water and Sewer Lines Section Sewage Disposal Facilities Required Section Determining Compliance with Section Section Water Supply System Required Section Determining Compliance with Section Part II. Outdoor Lighting Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Purpose and Intent Definitions Applicability Minimum Lighting Requirements for Security Subdivisions General Standards Vehicular Canopies Outdoor Display Areas Outdoor Sports Fields and Performance Areas Prohibited Uses of Light Light Measurement Techniques Electric Power Telephone Service Underground Utilities Utilities to be Consistent with Internal and External Development As-Built Drawings Required Fire Hydrants Screening of Dumpsters Article XVI FLOOD DAMAGE PREVENTION, STORMWATER MANAGEMENT, AND WATERSHED PROTECTION Page # x

11 Part I. Flood Damage Prevention Section Purpose and Objective Section Definitions Section General Provisions Section Application Requirements Section Permit Requirements Section Certification Requirements Section Duties and Responsibilities of the Administrator Section Variance Procedures Section General Standards for Flood Hazard Reductions Section Specific Standards for Flood Hazard Reductions Section Floodways and Non-Encroachment Areas Section Special Provisions for Subdivisions Section Part II. DRAINAGE, EROSION CONTROL, STORM WATER MANAGEMENT Section Section Section Section Section Section Section Section Section Natural Drainage System Utilized to Extent Feasible Development Must Drain Properly Management of Storm Water Maintenance of Structural BMPs Sedimentation and Erosion Control Impervious Surface Limitations Additional Development Standards within C and WR District Repealed Part III. WATER QUALITY BUFFERS Section Section Section Section Section Section Section Section Section Findings and Purpose Definitions Required Buffers Width of Buffers Diffuse Flow Requirement Exempt and Allowable Activities Determination of No Practical Alternatives Mitigation for Water Quality Buffers Permits and Enforcement of Buffer Requirements Article XVII SIGNS Section Section Definitions Permit Required for Signs Page # xi

12 Section Signs Excluded From Regulation Section Certain Temporary Signs: Permit Exemptions and Additional Regulations Section Determining the Number of Signs Section Computation of Sign Area Section Total Sign Surface Area Section Freestanding Sign Surface Area Section Number of Freestanding Signs Section Subdivision and Multi-Family Development Entrance Signs Section Location and Height Requirements Section Sign Illumination and Signs Containing Lights Section Miscellaneous Requirements Section Sandwich Board Signs Section PARKING Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Article XVIII Definitions Number of Parking Spaces Required Flexibility in Administration Required Payment of Fee in Lieu of Providing Parking Spaces Parking Space Dimensions Required Width of Parking Area Aisles General Design Requirements Design Standards for Bicycle Parking Vehicle Accommodation Area Surfaces Joint Use of Required Parking Spaces Creation of Public Parking Lots from Private Parking Areas Satellite Parking Special Provisions for Lots with Existing Buildings and lots within Neighborhood Preservation Districts Loading and Unloading Areas No Parking Indicated Near Fire Hydrants Limitation on the Total Lot Coverage Devoted to Surface Parking Article XIX SCREENING AND TREES Part I. Screening Section Section Section Section Section Board Findings Concerning the Need for Screening Requirements General Screening Standards Compliance with Screening Standards Descriptions of Screens Table of Screening Requirements Page # xii

13 Section Section Section Section Section Section Flexibility in Administration Required Combination Uses Landscaping Plan Screening of Flag Lots in the Historic District (HD) Protective Buffer Along Major Roads Part II. Shading and Tree Protection Section Section Section Section Section Section Section AMENDMENTS Section Section Section Section Section Section Section Board Findings and Declaration of Policy on Shade Trees Required Trees along Dedicated Streets Retention and Protection of Large Trees Shade Trees in Parking Areas Protection of Trees during Construction Performance Security May Be Required Regulation of Forestry Activities Article XX Amendments in General Initiation of Amendments Planning Board and Other Advisory Consideration of Proposed Amendments Hearing Required: Notice Board Action on Amendments Ultimate Issue Before Board on Amendments Protests to Zoning Map Amendments Article XXI Part I. NEIGHBORHOOD PRESERVATION Section Section Section Section Section Section Neighborhood Preservation District Commission Powers and Duties of the Neighborhood Preservation District Commission Review Process for Certain Projects Within a Neighborhood Preservation District; Delay of Permit Issuance Commission Rules, Procedures and Guidelines Procedure for Designating a Neighborhood Preservation District Part II. HISTORIC PRESERVATION Section Section Section Historic District Commission Powers and Duties of Historic District Commission Procedure for Designating or Amending a Historic District Page # xiii

14 Section Section Certificates of Appropriateness Historic District Commission Recommendation on Permit and Other Applications Appendix A INFORMATION REQUIRED WITH APPLICATIONS A-1 In General A-2 Written Applications A-3 Development Site Plans A-4 Graphic Materials Required for Plans A-5 Existing Natural, Man-Made, and Legal Features A-6 Proposed Changes in Existing Features or New Features A-7 Documents and Written Information in Addition to Plans A-8 Number of Copies of Plans and Documents Appendix B SPECIFICATIONS ON DRIVEWAY ENTRANCES Appendix C SPECIFICATIONS FOR STREET DESIGN AND CONSTRUCTION C-1 Design Speed, Sight Distance, Centerline Radius C-2 Cut and Fill Slopes C-3 Sign Distances at Intersections C-4 Radius at Street Intersections C-5 Clearing and Grubbing C-6 Grading and Compaction C-7 Street Base C-8 Street Surfaces C-9 Pavement Section Variations C-10 Street Cross Sections C-11 Curb and Gutter C-12 Sidewalks C-13 Wheel Chair Ramps C-14 Storm Water Run-off Control C-15 Sedimentation Control Page # xiv

15 STANDARD DRAWINGS No. 1 No. 2 No. 3 No. 4 No. 5 No. 6 No. 7 No. 8 No. 9 No. 10 No. 11 No. 12 No. 13 No. 14 No. 15 No. 16 No. 17 No. 18 No. 19 No. 20 No. 21 No. 22 No. 23 No. 24 No. 25 No. 26 No. 27 Sight Distance for No Stop Condition Sight Distance for Stop Condition (Secondary State Road) Sight Distance for Stop Condition (Primary State Road) Curb and Gutter No Curb and Gutter Residential Street No Curb and Gutter Residential Street Curb and Gutter Standard Curb and Gutter Standard Wheel Chair Ramp Standard Catch Basin Storm Water Manhole Yard Inlet Cover Yard Inlet Sedimentation Control Single Driveway-Open Ditch Symmetrical Cul-De-Sac With Center Island Mountable Curb Cul-De-Sac Island Alley with Curb & Gutter T-Turnaround Branch Turnarounds Minor Street Without Curb & Gutter & Minor Street With Curb & Gutter Local Street Without Curb & Gutter & Local Street With Curb & Gutter Subcollector Street Without Curb & Gutter & Subcollector Street With Curb & Gutter Mortarless Laid Brick Pavers for Sidewalks Mortarless Laid Brick Pavers for Sidewalks Collector Street Curb & Gutter Alternative Street Standards Appendix D VEHICLE ACCOMMODATION AREA SURFACES D-1 Paved Surfaces D-2 Unpaved Surfaces D-3 Alternate Parking Space Treatment Page # xv

16 Appendix E SCREENING AND TREES GUIDE FOR LANDSCAPING E-1 Guide for Protecting Existing Trees E-2 Standards for Street and Parking Lot Trees E-3 Formula for Calculating Twenty Per Cent Shading of Vehicle Accommodation Areas E-4 Typical Parking Lot Planting Islands E-5 Guide for Planting Trees E-6 Typical Opaque Screens E-7 Typical Semi-Opaque Screens E-8 Typical Broken Screens E-9 Guide for Planting Shrubs E-10 Lists of Recommended Trees and Shrubs E-11 Small Trees for Partial Screening E-12 Large Trees for Evergreen Screening E-13 Large Trees for Shading E-14 Small Shrubs for Evergreen Screening E-15 Large Shrubs for Evergreen Screening E-16 Assorted Plantings for Broken Screens E-17 List of Invasive Plant Species Appendix F F-1 Community Noise Measurement Data Sheet F-2 Computational Work Sheet Appendix G METHOD FOR CALCULATING POINT VALUES FOR ACTIVE RECREATION FACILITIES Appendix H EXAMPLE OF SECTION , SPECIAL EXCEPTION Appendix I STORM DRAINAGE DESIGN MANUAL Page # xvi

17 Appendix J NOISE LEVELS [db(a)] FOR COMMON INDOOR/OUTDOOR SOUNDS Appendix K DESIGN AND MANAGEMENT HANDBOOK FOR PRESERVATION AREAS IN LOWER MERION TOWNSHIP, MONTGOMERY COUNTY, PENNSYLVANIA Appendix L VILLAGE MIXED USE & AFFORDABLE HOUSING VERNACULAR STANDARDS Page # xvii

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