MapLink™ |  General Requirements

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(Fences) Exemptions
Fences erected on tracts of five acres or larger for agricultural uses are exempt from permits and the requirements of this article other than the three-foot height maximum in the thirty-foot sight triangle, § 300-11.
Access to Public Streets
No structure shall be erected without direct access over the same lot. Such access shall be at least 50 feet wide and shall extend from the structure to a public road. This section shall not be construed to apply to access to individual units within the R-3 and R-4 Residential Districts, which is provided for under §§ 300-203B(5) and 300-221B(5), respectively, and access to parcels within the VCO District, which is provided for under § 300-492B8(a). Additionally, the Board of Supervisors may require that access be taken from a private road with access to a public road, if a private road borders the proposed site; all easements and other required documentation shall be filed with the Township.
Construction (Fences)
A. General regulations governing the construction of fences in R-1, R-2, R-3, R-4, VP and IN Districts shall be as follows:
 
(1) If the fence is wood cover or wood frame, the framework must face onto the interior of the lot, unless the fence is so designed to provide equal frame and cover area to adjoining yards.

(2) If the fence is open metal mesh supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.

(3) If the fence is of masonry construction, a finished side must be provided to the exterior side.

B. General regulations governing construction of fences in NC, CRSC, M-1 and M-2 Districts shall be as follows:
 
(1) Fences constructed of solid materials such as wood, metal, glass or masonry, singly or in combination, may be erected to a height not exceeding four feet in any front, side or rear yard, and chain-link fences may be erected to a height not exceeding eight feet, exclusive of barbwire topping, in any front, side or rear yard of any commercial or industrial zone property. Fencing of other material approved by the Township, up to six feet in height, may be used in any side or rear yard of a commercial property when abutting a residential zone/use to aid in the screening of the commercial use. Unless specifically permitted within a zoning district herein, fencing shall not be considered as a replacement for any required landscape buffers.

(2) Any corner lot in a commercial or industrially zoned area may not have erected any fence, wall, structure, shrub, hedge or plant growth higher than three feet above the elevation of the center line of the street, measured 30 feet in either direction from a point defined by the intersection of the front lot line and the exterior side lot line.

C. General regulations governing construction of fences in the IO-1 and IO-2 Districts shall be as follows:

(1) Fences may not exceed eight feet in height when placed 100 feet or more back from an ultimate right-of-way line or property line; provided, however, that when a required building setback is greater than 100 feet, the fence may be no higher than six feet between said 100-foot distance and the prescribed setback. For chain link fences, the prescribed heights shall be exclusive of barbed wire topping. Buffering shall be installed on the outside of the fence. At a minimum, a Buffer Type 3 shall be installed, in accordance with the requirements of § 270-68D(5)(e) of Chapter 270, Subdivision and Land Development, unless, in the opinion of the Township, existing vegetation serves as an equivalent or superior buffer.
 
(2) As a conditional use, fences may be permitted closer to an ultimate right-of-way line or property line than provided for in Subsection C(1) above, in accordance with the requirements herein. Said fences shall be ornamental and architecturally compatible with the development on the tract being fenced. Chain link fences may be permitted only, if in the opinion of the Board of Supervisors, the view of the fence is adequately filtered with existing or supplemental buffering or cannot be easily seen from off site.

(a) Fences proposed to be placed between 50 feet and 100 feet from an ultimate right-of-way line or property line shall not exceed six feet in height. If chain link fence is approved, the prescribed height shall be exclusive of barbed wire topping.

(b) Fences proposed to be placed at or within 50 feet of an ultimate right-of-way line or property line shall not exceed four feet in height. If chain link fence is approved, the prescribed height shall be exclusive of barbed wire topping.

(c) Fences allowed as a conditional use shall be no more than 50% opaque; walls shall only be permitted if they meet this criterion.

(3) At all entries to a public street and for a minimum distance of 400 feet on either side of an entry drive/road, any fencing proposed shall be ornamental and architecturally compatible with the development on the tract being fenced. The height of said fencing shall depend upon its distance back from the ultimate right-of-way line as prescribed in Subsections C(1) and (2) of this section. However, when said fences may impede sight distance, a reduced height shall be required to maintain proper vehicular and pedestrian safety. Said height shall be determined by the Township Engineer. Fences provided for in this subsection shall be no more than 50% opaque; walls shall only be permitted if they meet this criterion. Decorative pillars shall be installed on either side of each entry drive/road when fencing or walls are proposed. Additional pillars may be provided. All such pillars shall have a minimum width (or diameter if round) of two feet and may extend higher than the fence, up to 1 1/2 feet above the top of the fence sections. All such pillars shall be of a complementary design to the fence or wall.

(4) Any fence on top of which barbed wire, razor wire or other security device is proposed to be installed shall require conditional use approval. The applicant shall demonstrate that such security device adds the minimum practical additional height to the fence and has been properly considered in the buffering for the fence.

(5) Should there be any conflict between heights permitted in the various subsections of this section, the lower height shall prevail.

(6) Regardless of any requirement to the contrary herein, chain link fencing may be provided along the frontage of a limited access highway. Said fence shall not exceed eight feet in height (exclusive of barbed wire topping).
Corner Lots
Corner lots shall have a front yard on each street which the lot abuts and therefore must have a minimum of two front yards. The remaining yards shall be side or rear yards. There shall be a minimum of one rear yard and one side yard. The lot owner or developer may designate which yard is the rear yard and which is the side yard. If the shape of the lot is such that following the requirements of this provision is unclear or infeasible, the Zoning Officer shall determine the yard designations for the lot. The designation of the various yards shall be included on any record plan of subdivision and be included in the deed for each corner lot. The designations of the various yards is a single designation and, once made, is applied to the lot in perpetuity.
Design Requirements for Industrial and Commercial Parking Lots

All parking lots in industrial or commercial districts shall be operated and maintained in accordance with all of the following conditions:

A. They shall not be used for the sale, repair or dismantling of any vehicles, equipment, materials or supplies.

B. They shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, asphalt, oil or any dust-free surfacing and maintained in good condition, free of weeds, dust, trash or debris.

C. They shall be provided with entrances and exits so located as to minimize traffic congestion and the effect of headlight glare.

D. They shall be provided with steel or bumper guards so located and arranged that no part of any parked vehicles will extend beyond the boundaries of the parking lot.

E. 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 and shall be installed in accordance with the provisions of Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-76.

F. A planting strip shall be provided along each property line which is opposite or adjacent to a residential district, on which shall be planted hedges, evergreens or other suitable shrubbery so arranged as to minimize noise, glare and dust from all parking facilities.

G. There shall be no more than one attendant shelter building containing not more than 50 feet of gross floor area and set in a distance of not less than 20 feet from any boundary of the parking lot which abuts a residential district.
Easements
The area of all public rights-of-way and public easements shall be maintained free and clear of all accessory uses, and such areas not containing public improvements shall be maintained open and as lawn (where required). Fences may be permitted in public easement areas when the property owners accept a restrictive covenant permitting Township removal or replacement if deemed necessary by the Township, without financial compensation. The restrictive covenant shall be prepared by the Township Solicitor and filed with the Montgomery County Recorder of Deeds office.
Exceptions of Maximum Height Restrictions
Exceptions to the maximum height specified in each district shall be governed by the following:
 
A. Chimneys, spires, towers, skylights, tanks, radio or television aerials or similar uses or structures shall not be included in calculating the height where such structures are customary vertical projections of a permitted building.

B. In any residential district the prescribed basic height limit may be exceeded by one foot for each foot by which the width of each side yard and the depth of each rear yard are increased beyond the minimum requirements, up to a maximum of 10 feet.
Existing Interior Lots
Existing lots for which access to a public road is not in compliance with § 300-12 may be built upon only when authorized by a variance. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be included. The strip of ground connecting the lot with the public road shall be used as access to only the particular lot of which it is a part.
Fences in the Floodplain
All proposed fencing in the Floodplain Conservation District shall comply with the regulations within § 300-108 of this chapter.
Fences on Lots with Reverse-Frontage Buffers
Fences in the rear of lots on which reverse-frontage buffers are installed pursuant to the requirements of § 270-55 of Chapter 270, Subdivision and Land Development, shall meet the requirements of said section, in addition to all other applicable requirements of this article as well as the following:
 
A. Fences may be permitted in the buffer planting easement as long as no fence is located closer than two feet to the main trunk or stem of trees and shrubs in the buffer.

B. No fence post or support for a gate shall be located closer than five feet to the main trunk or stem of trees and shrubs in the buffer.

C. Fence and gate placement shall be in accordance with the following diagram:
 
Height
General regulations governing the permitted height of fences in R-1, R-2, R-3, R-4 and VP Districts shall be as follows:
 
A. Fences on interior lots may not exceed four feet in height from the building setback line to the street.

B. Fences on interior lots may not exceed six feet in height from and including the building setback line to the rear property line.

C. Fences on corner lots may not exceed three feet in height from the elevation of the center line of the street 30 feet in either direction from the intersection of the exterior side lot line with the front lot line.

D. Fences on corner lots may not exceed four feet in height for the interior side lot line or for the remainder of the exterior side lot line, measured 30 feet from the point of intersection of the exterior side lot line and the front lot line.

E. Fences on rear lot lines of corner lots may not exceed four feet in height between a point defined by the intersection of the exterior lot line and the rear lot line and a point defined by the intersection of the rear lot line and the abutting property building setback line.

F. Except as provided for in Subsections C, D and E, above, rear and interior side yard fences may not exceed six feet on corner lots.

G. Fence placement diagram.
 
Loading and Unloading Space
At least one permanently maintained off-street loading and unloading space shall be provided for each building on which a commercial, office, or manufacturing use is hereafter established, provided that:
 
A. This requirement shall not be mandatory for uses which have a total floor area of 3,000 square feet or less; however, those uses shall still be required to provide enough area for a standard delivery (i.e., postal service, Federal Express/UPS) to turn around.

B. This requirement may be waived when authorized as a special exception by the Zoning Hearing Board in any case where the unreasonableness of this regulation is clearly demonstrated.

C. Shared loading and unloading space. For professional office uses and other similar uses with shared parking areas, as permitted within this chapter, a shared loading and unloading space providing service to those businesses sharing the parking may be authorized at the discretion of the Board of Supervisors.
Lots of Record
For a lot of public record in single and separate ownership at the time of enactment of this chapter or applicable amendment thereto which does not meet the minimum area or lot width requirements of the district in which it is located, the provisions of § 300-77 herein shall apply.
Minimum Setback for Accessory Uses
Except where stricter requirements apply, an accessory building may be erected within side or rear yards, provided that it is located at least as far back from the street line as the foremost portion of the principal building and provided, further, that the minimum distance between the building and side and/or rear lot line is five feet. When an accessory building is located on a corner lot the accessory building may be placed in a yard defined as the front yard for a corner lot (defined in § 300-6 herein), as long as that yard is not the front yard in which the primary structure predominantly faces. Any ambiguity regarding the yard area that the primary structure predominantly faces shall be determined by the Zoning Officer. Where a front yard of a corner lot allows for the placement of an accessory structure, it is subject to the same minimum five-foot setback as set forth herein for side and rear yards.
New Rear (Interior) Lots
Newly created rear lots may be allowed only upon approval of the Board of Supervisors, upon recommendation by the Planning Commission.

A. Purposes for use of rear lots. Rear lots may be allowed when one or more of the following purposes are served:
 
(1) To preserve existing farmland and/or rural appearance and character by locating building areas remote from existing road frontage.

(2) To permit reasonable subdivision of land which is physically constrained by unusual configuration of the tract or limited road frontage and which could not be subdivided in a desirable manner using traditional road and lotting patterns.

(3) When future subdivision of a tract is contemplated and supported by a tentative sketch of the entire parcel and when rear lotting serves to reduce the number of access points from existing roads by providing for a common access driveway along an access strip which is reserved for future use as a road right-of-way.

(4) To permit an alternative to the construction of new residential roads, where such roads cannot be justified in terms of the number of lots served, volume of traffic generated and/or the need to extend access to adjacent tracts.

B. Design requirements. In addition to the regulations for rear lots contained in § 270-54 of Chapter 270, Subdivision and Land Development, the following design requirements shall apply to all rear lots:
 
(1) For each rear lot created, there shall be a corresponding road frontage lot containing at least the minimum lot width at the building setback line for the applicable zoning district. The frontage lot shall be located in front of and adjacent to the rear lot being created.

(2) The access strip shall be a fee simple part of the rear lot and extend from the public road to the developable portion of the lot which it serves. The access strip shall not be a separate lot or easement over another lot.

(3) The access strip shall be a minimum of 50 feet in width for its entire length from the road right-of-way to the developable portion of the lot, unless additional width is necessary or desirable for drainage, grading or preservation of natural features.

(4) The area of the access strip shall not be part of the minimum lot area required for the applicable zoning district.

(5) The minimum front yard depth shall be measured along the property line which most nearly parallels the street upon which the rear lot fronts.
Off-Site Dedication In Lieu of On-Site Recreation and Open Space Amenities

A. When recreation and open space amenities are required to be dedicated as part of the land development process, off-site parcels may be proposed to the Township in lieu of that dedication. Acceptance and permission for this option is wholly at the discretion of the Township's Board of Supervisors, and must conform to the following:
 
(1) Properties off site offered for dedication in lieu of on-site recreation and open space amenities shall be a single lot, or a contiguous collection of parcels wholly owned by the owner/developer of the initial development parcel.

(2) Any proposed land offered in lieu of on-site requirements shall be governed by the provisions of Article V, Open Space and Recreational Facilities, Chapter 270, Subdivision and Land Development.

(3) Any proposed land offered in lieu of on-site amenities must be offered to Upper Providence Township for dedication. Acceptance of the dedicated property is wholly at the discretion of the Board of Supervisors; if the dedication is not accepted by the Township, the use of this provision is not permitted. Preference will be given to those properties identified for preservation in the 2006 Open Space and Environmental Protection Plan and 2010 Comprehensive Plan.
Parking Reserve Areas
The total number of parking spaces required by § 300-576 shall be clearly set forth and labeled as such on the development, subdivision or other plan required to be filed by the landowner or developer with the Township before the issuance of a building permit or certificate of occupancy. However, the number of spaces required to be constructed by this chapter may be reduced and the land area equal to the reduction shall be denoted "Parking Reserve Area." Said reduction may be accomplished only upon full compliance with each of the following conditions:
 
A. The landowner or developer shall certify that the parking needs for the use to which the lot or property is to be devoted are less than those required by the terms of this chapter.

B. The Township Engineer shall concur with and approve the certification that a lesser number of parking spaces is sufficient.

C. The parking reserve area created by such reduction shall be clearly set forth and labeled as such on the development, subdivision or other plan required to be filed with the Township.

D. The parking reserve area so created shall be utilized as open space and shall be maintained by the owner or owners of the proposed development.

E. The parking reserve area shall be converted to a parking area at such time when the landowner or developer further certifies that the need to use such reserve area for parking has arisen or when the Township Engineer, upon review and inspection of the premises in question, certifies to such fact. Such reserve area shall be paved pursuant to the applicable ordinance and regulations immediately after certification and shall be completed within the time set forth by the Township.
Projections into Required Yards
No structure and no part of a structure shall be erected within or shall project into any minimum required yard in any district, except that:
 
A. An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the existing depth of the yard.

B. A terrace, platform or landing place not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the existing depth or width of the yard.

C. A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.

D. Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
Recreation and Open Space Requirements, Nonresidential Zoning Districts
In cases where the development or significant redevelopment of a tract is to be undertaken, the developer shall provide community and open space areas for the comfort and convenience of prospective patrons, employees, and residents. Such area shall be governed by the provisions of Article V, Open Space and Recreational Facilities, of Chapter 270, Subdivision and Land Development. At the discretion of the Board of Supervisors, the developer shall provide a fee in lieu of dedication as an alternative to setting aside open space. Said fee shall be provided in accordance with § 270-92 of Chapter 270, Subdivision and Land Development. In no instance shall the provisions of § 300-29 of this chapter apply to recreation and open space requirements within nonresidential zoning districts.
Reduction of Facilities
Off-street parking facilities existing at the effective date of this chapter 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 shall not subsequently be reduced below the requirements of this chapter.
Reduction of Lot Area
No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than herein prescribed.
Reduction of Requirements by Special Exception
The parking spaces required herein may be located elsewhere than on the same lot when authorized as a special exception, subject to the following conditions:
 
A. That the owners of two or more establishments shall submit with their application for special exception a site plan showing joint use and location of a common off-street parking area.

B. That some portion of the common off-street parking area lies within 200 feet of an entrance regularly used by patrons into the buildings served thereby.

C. That the Zoning Hearing Board may, in its discretion, reduce the aggregate amount of required space upon determination that greater efficiency is affected by joint use of a common parking area, but in no case shall the ratio of total off-street parking area to total sales floor area be reduced by more than 25%.
Signs

See Article XXXIII: Signs for detailed information on Sign regulations.
 
 
 
Visibility at Intersections
On corner lots, no physical improvements on planting areas shall be erected, altered or maintained within the required yards which shall cause obstruction to drivers' vision from the abutting intersection. A sight triangle is a triangle whose legs are the sides of a cartway and an access way which intersects it, with each leg being not less than 30 feet from the point of intersection of the two legs.