[Amended 10-14-1975 by Ord. No. 1616; 12-8-1975 by Ord. No.
1623; 5-9-1977 by Ord. No. 1666; 11-14-1977 by Ord. No.
1679; 12-11-1989 by Ord. No. 2062]
A.
Legislative findings; purpose; applicability.
[Amended 6-9-2015 by Ord.
No. 2753]
(1)
Legislative findings.
(a)
The vast majority of Haverford Township's land mass is
devoted to residential development and community uses, with only 3%
of its land area devoted to commercial usage.
(b)
Having reviewed the record of extended hearings in two separate
zoning hearing matters, at which numerous lay and expert witnesses
including planners, engineers, police officers and other consultants
testified concerning the public safety, driver and pedestrian distraction,
public nuisances and the intrusive impacts of off-site advertising
signs (generally known as 'billboards') on residences, churches
and schools; having received guidance from the Haverford Township
Planning Commission and numerous other professionals including lawyers,
engineers and planners and having reviewed various articles and studies
relating to, among other things, the deleterious impact of off-site
advertising signs (billboards) on property values and public safety,
the Board of Haverford Township finds that off-site advertising must
be regulated, and, in some forms prohibited to protect the public,
health safety and welfare;
(c)
The Board is aware that several engineers, offered as witnesses
at the above-captioned zoning hearings, testified that billboards
(off-site advertising signs) along West Chester Pike and Lancaster
Pike in Haverford Township must measure at least 672 square feet in
size and must be mounted at least 50 feet in the air to be safe to
the public;
(d)
The Board of Commissioners is aware that Pennsylvania's
Outdoor Advertising Control Act of 1971 defines an "outdoor advertising
device" to include "any outdoor sign, display, light, figure, painting,
drawing, message, plaque, poster, billboard or other thing which is
designed, intended or used to advertise or inform;"
(e)
The Board of Commissioners is aware that the United States Supreme
Court has stated that "if the City has a sufficient basis for believing
that billboards are traffic hazards and are unattractive, then obviously
the most direct and perhaps the only effective approach to solving
the problems they create is to prohibit them" (Metromedia Inc. v.
City of San Diego, 453 U.S. 490 [1981]); and, that Pennsylvania courts
have repeatedly observed that the land use of billboard advertising
may be prohibited provided that a municipality evidences that the
prohibition is substantially related to the public health, safety
or welfare (Twp. of Exeter v. ZHB of Exeter, 962 A.2d 653, 663 [Pa.
2009]; Baker v. Upper Southampton Twp. ZHB, 830 A.2d 600, 606 [Pa.
Cmwlth. 2003]).
(f)
The Board of Commissioners is aware that the Pennsylvania Constitution of Article 1, Section 27, provides that "The people have a right to clean air, pure water, and to the preservation of the nature, scenic, historic and esthetic values of the environment." (Pa. Const. Art. I, Section 27.)
(g)
The Board of Commissioners is further aware that Article I, Section 27, of the Pennsylvania Constitution establishes a public trust doctrine with respect to natural resources and designates the Commonwealth as the trustee and the people as the beneficiaries of this public trust. (Robinson Township v. Commonwealth, 83 A.2d 901 [Pa. 2013]). In accordance with Article I, Section 27, of the Pennsylvania Constitution, the Board of Commissioners finds that Haverford Township has a constitutional duty to prevent and remedy the degradation, diminution or depletion of the Township's natural resources and thus the Board of Commissioners must act affirmatively to conserve, protect and maintain the constitutionally protected public environment and quality of life of the Township's residents.
(2)
Purpose. It is the intent of this article to regulate all signs
within the Township to ensure that they are appropriate for their
respective principal uses and in keeping with the appearance of the
affected property and surrounding environment and to protect public
health, safety, and general welfare. In addition, the intent of this
section is to:
(a)
Encourage good design in the context of the overall image and
visual environment of the Township.
(b)
Enhance the appearance of the business community, taking into
account the nature of the use, and thus stimulate as well as protect
the economic vitality of the Township.
(c)
Provide for signage which is adequate but not excessive and
which displays a message through use of pictures, symbols and logos
for rapid comprehension by the public.
(d)
Prohibit the erection of signs in such numbers, sizes, designs
and locations as may create a safety hazard to pedestrians and motorists.
(e)
Avoid excessive visual competition for large or multiple signs,
so that permitted signs provide adequate identification and direction
while minimizing clutter, unsightliness and confusion.
(f)
Allow for the coordination of signs to reflect the character
of the architecture, landscape and visual themes which the Township
is supporting.
(g)
Promote signs which are designed utilizing clear, crisp lettering
and bold, uncomplicated symbols which will identify a business or
activity efficiently and also enhance the area where the signs are
located as well as the general appearance of the street or town.
(h)
Prevent sign overload and excessively large signs which create
a visually chaotic and competitive situation within the business community.
(3)
Applicability. Any sign hereafter erected in Haverford Township
which is exposed to public view shall conform to the provisions of
this section and any other ordinance or regulation of Haverford Township
or the state or federal government relating to the erection, alternation
or maintenance of signs. In the event of conflicting regulations,
the most restrictive regulation shall prevail.
B.
General regulations. The following regulations shall
be observed in all districts:
(1)
No sign, other than exempted signs, shall be
erected without first obtaining a sign permit from the Zoning Officer.
(a)
Permit applications for all signs shall be accompanied
by a plan, drawn to scale, showing the sign, size and location to
the sign with respect to the building.[1]
[1]
Editor's Note: Former Subsection B(1)(b),
which immediately followed and provided that plans for signs which
exceed 20 square feet in size shall be subject to Planning Commission
review, was repealed 2-21-2006 by Ord. No. 2449.
(2)
All signs shall be kept in a proper state of
repair.
(a)
If, in the opinion of the Zoning Officer, a
sign has become dilapidated, the Zoning Officer shall notify the owner
or the lessee of the property, or whosoever caused the sign to be
erected or who through sale or lease has assumed responsibility for
the sign in dilapidated condition, and shall advise the owner or lessee,
by written notice, to correct the condition within 30 days or to appeal
the decision of the Zoning Officer to the Zoning Hearing Board within
the same time period.
(b)
If, after 30 days, the condition has not been
corrected and the notice has not been appealed, the Zoning Officer
shall cause the dilapidated sign to be removed at the expense of the
owner or lessee.
(c)
If the Zoning Officer determines that the condition
of the sign poses an imminent danger to the public safety, he may
order the sign removed immediately, by notification to the owner via
certified mail. The owner or lessee shall have a right of appeal after
the fact to the Zoning Hearing Board.
(3)
No sign shall be erected within or over a public right-of-way
other than an official sign or an off-site advertising sign affixed
to a transit shelter along the designated route of a public transit
agency that is authorized by the authority having control of the public
right-of-way.
[Amended 1-9-1996 by Ord.
No. 2237; 6-9-2015 by Ord. No. 2753]
(4)
No sign shall be erected that is of such character,
form or shape as to confuse or dangerously distract the attention
of the operator of a motor vehicle on a public street.
(5)
No
freestanding sign shall be erected at the intersection of any street
improved for vehicular traffic within the triangular area formed by
the right-of-way lines and a line connecting them at points 25 feet
from their intersection unless said sign, when authorized by this
chapter, is less than two feet or more than eight feet above curb
grade and provided further that no part of its means of support has
a single or combined horizontal cross section exceeding eight inches.
(7)
No projecting signs, roof signs, vehicle signs,
animated signs other than time and temperature signs or signs that
emit smoke, vapor or noise shall be permitted.
(8)
Signs should be designed in such a way as to
be consistent with the architecture and landscaping of a building.
No letter, symbol, graphic or background material shall be permitted
to obstruct a major architectural feature, such as a column.
(9)
Signs are intended for purposes of identification
and information and not for advertising of a product or service. Letters
of appropriate size should be placed on simple backgrounds or directly
upon the face of the building. The Zoning Officer or the Planning
Commission, where applicable, may disallow any sign which it finds
to contain lettering or messages which are excessive, unattractive
or which violate the spirit, theme or character of signs identifying
uses in the same structure or cluster of structures.
(10)
No sign shall be painted, pasted or placed on
any tree, telegraph, electric light or public utility pole or upon
a natural feature.
(11)
All signs shall be of durable, all-weather material
capable of withstanding a wind speed of 100 miles per hour. Freestanding
signs shall be supported by posts or pylons of concrete, steel, treated
wood or similar materials. No additional bracing or guide wire is
permitted. Nonrusting hardware shall be used with all signs.
(12)
Regulations governing freestanding signs.
(a)
Freestanding signs, when permitted by this chapter,
shall not exceed one such sign per street frontage per tract or parcel,
regardless of the number of establishments occupying said tract or
parcel.
(b)
Each freestanding sign shall be erected in such
a way that the edge of a sign closest to each street shall be 10 feet
to the rear of the right-of-way line.
(c)
No freestanding sign shall be erected, the bottom
of which is less than four feet from the finished grade.
(d)
No establishment shall be permitted to utilize
a freestanding sign unless it has a front yard of not less than 50
feet in width and also provides off-street parking spaces equal to
at least 75% of the number of such off-street spaces required by Ordinance
1960, as amended.[3]
(e)
No top of a freestanding sign shall exceed a
height of 16 feet.
(13)
Window signs, unless further restricted by district
regulations, shall not exceed 15% of the glass area of the window
in which placed.
(14)
Wall signs shall not project vertically within
12 inches of a roof or parapet line nor within six inches of any cornice,
trim, molding, external column, window, door or other architectural
element.
(15)
Time and temperature signs shall be permitted
in any district in which commercial or industrial uses are permitted,
provided that they do not encompass more than 20% of the allowable
sign area. Time and temperature shall not be counted as items of information.
(16)
All signs referring to uses located in the same
building or group of architecturally related buildings shall be of
similar design and shall use similar styles of lettering.
(17)
Regulations governing temporary signs and special
promotional devices.
[Amended 1-9-1996 by Ord. No. 2237; 11-9-1998 by Ord. No.
2300]
(a)
Permissible types and sizes shall be as follows:
[1]
The sign area of freestanding or
sandwich signs shall not exceed 12 square feet in area.
[2]
All portable signs with removable
letters shall not exceed 32 square feet.
[3]
Banners shall not exceed 20 square
feet.
[4]
Wall or window signs are permitted.
[5]
Temporary projecting signs are
permitted only upon marquees especially designed to receive such temporary
signs, as in the case of a theater.
(b)
All temporary signs shall require a permit valid
for no more than 30 days. Temporary sign permits may be obtained not
more than one time during a calendar year for any single property,
regardless of the number of streets a property fronts upon.
(c)
Special promotional devices must be authorized
by the Board of Commissioners as a conditional use, and are subject
to the following:
[1]
No special promotional device may
be used which would create glare, confuse or distract the attention
of motor vehicle operators or, by its size or composition, cause a
public nuisance.
[2]
Such devices shall be permitted
for periods up to but not exceeding 10 days.
[3]
No such device shall be placed
within 10 feet from the edge of a public right-of-way.
(18)
The following signs are exempt from the district
requirements, from the need to secure permits and from the allowable
sign area and item of information requirements:
[Amended 1-9-1996 by Ord. No. 2237; 1-12-2009 by Ord. No. 2556]
(a)
Decorations for a recognized officially designated
holiday, provided they do not create traffic or fire hazards.
(b)
Official signs.
(c)
Directional signs not exceeding two square feet.
(d)
Memorial or historic markers, when approved
by the Planning Commission and when not more than six square feet
in area.
(e)
Nameplate signs not exceeding 108 square inches
in size, provided that only one such nameplate shall be exempted per
parcel of land.
(f)
Real estate rental or sale signs not exceeding
four square feet, advertising the sale, rental, or lease of the premises
or part of the premises on which the sign is displayed.
(g)
Temporary signs advertising political parties
or candidates for election, provided that they do not exceed six square
feet. Election/political signs may not be erected within any right-of-way
and may not be erected or placed upon property owned by Haverford
Township except on Election Day within 50 feet of the Township property
used as a polling place.
(19)
No real estate or other sign shall be erected
containing information which states or implies that a property may
be sold or used for any purpose not permitted under the provisions
of this chapter. Any such misrepresentation shall be considered as
a violation of this chapter, and any such sign shall be subject to
immediate removal from the property.
C.
Signs in Residential, Institutional, Recreational
and Open Space Districts.
(1)
In an R-1, R-1A, R-2, R-3, R-4, R-5, R-6, R-7,
R-8, R-9, INS or ROS Zoning District, signs are permitted for the
following purposes under the conditions imposed by this chapter:
[Amended 8-11-1997 by Ord. No. 2277]
(a)
(b)
Permanent signs identifying a recreational or
institutional use, a grouping of 10 or more dwelling units, a personal
care assisted-living residence, a permitted use other than a dwelling
or a use accessory to a dwelling.
[1]
The maximum size of the total of all permitted
signs per street frontage shall not exceed one square foot for each
five linear feet of building frontage or 15 square feet, whichever
is less.
[3]
There shall be not more than one such sign per
street frontage of any property to which it relates.
(c)
Temporary signs giving notice of the sale or
rental of real estate or of work being performed on site by contractors,
mechanics, painters, paperhangers or artisans.
[1]
The maximum size of the sign shall not exceed
an area of six square feet and the bottom of which shall be less than
four feet in height from the finished grade.
[3]
Only one such sign may be placed along or adjacent
to any one street.
[4]
Such signs must be removed upon issuance of
the certificate of use and occupancy.
(2)
Not more than a total of five items of information
shall be permitted on permanent signs identifying or relating to a
single use along any one street frontage.
D.
Signs in Office, Office-Laboratory, Light Industrial
and Limited Commercial Districts.
(1)
In an O-1, O-2, OL, LIN or C-1 Zoning District,
signs are permitted for the following purposes under conditions imposed
by this chapter:
(a)
Any sign permitted in a Residential, Institutional
or Recreation and Open Space District which relates to a use permitted
in these districts, as modified below.
(b)
Permanent signs identifying multiple uses existing
within a single building or a single office or laboratory within a
building with a floor area of less than 2,500 square feet.
[Amended 1-9-1996 by Ord. No. 2237]
(c)
Permanent signs identifying an apartment development
containing 10 or more units and an office building or laboratory with
a floor area in excess of 2,500 square feet.
[2]
The maximum size of the total of all permanent
signs per street frontage shall not exceed one square foot for every
five linear feet of associated building frontage or 15 square feet,
whichever is less.
[3]
Not more than one such sign shall be permitted
on or adjacent to each street frontage of the parcel to which the
sign relates.
(d)
Permanent signs identifying a grouping of buildings
under single ownership or management, such as an office park, campus
or similar aggregate labeling of multiple structures.
[2]
The maximum size shall be 24 square feet in
area.
[3]
This type of sign may not be used in conjunction
with other freestanding signs identifying individual uses.
[4]
Only one such sign is permitted per street frontage.
[5]
The maximum height from the top of the sign
shall be 10 feet from the finished grade.
(2)
Not more than a total of five items of information
shall be permitted on permanent signs identifying or relating to a
single use along any one street frontage.
(3)
Illumination of signs.
(a)
Signs permitted in these districts may be illuminated
by white direct or indirect light only.
(b)
Signs may be illuminated only between the hours of dusk and 12:00 midnight prevailing time, except that those signs identifying uses enumerated in § 182-701C(3)(a) may be illuminated without time restriction.
E.
Signs in Neighborhood Commercial and General Commercial
Districts.
(1)
In a C-2 or C-3 Zoning District, signs are permitted
for the following purposes and the conditions imposed by this chapter:
(a)
Any sign permitted in a residential, institutional
or recreation and open space district.
(b)
Permanent signs identifying a permitted use.
[1]
The maximum size of the total of all permanent
signs per street frontage shall not exceed 35 square feet.
[2]
Types of permissible signs shall be as follows:
[a]
Wall signs not exceeding 40% of
the signable area or 10% of the first floor area, whichever is less.
[b]
Window signs.
[c]
Freestanding signs, the bottom
of which is not less than four feet in height from the finished grade,
nor exceeding an area equal to twenty-five hundredths (0.25) square
feet for every linear foot of street frontage or 25 square feet, whichever
is less.
(c)
Temporary signs subject to the regulations of § 182-701B(17).
(2)
Not more than a total of seven items of information
shall be permitted on permanent signs identifying or relating to a
single use along any one street frontage.
(3)
Signs permitted in these districts may be illuminated
by direct or indirect white light, which may be shown through colored
luminescent paneling.
F.
Signs in Highway Commercial or Shopping Center Districts.
(1)
In a C-4 or C-5 Zoning District, signs are permitted
for the following purposes under the conditions imposed by this chapter:
(a)
Any sign permitted in a Residential, Institutional
or Recreation and Open Space District.
(b)
(d)
Temporary signs subject to the regulations of § 182-701B(17).
(2)
Not more than a total of seven items of information
may be displayed on permanent signs relating to individual uses along
any on-street frontage.
(3)
Illumination. Illumination by direct or indirect
white light is permitted although it may be shown through colored
luminescent paneling.
G.
Off-site advertising signs.
[Added 6-9-2015 by Ord.
No. 2753[4]]
(1)
Off-site advertising signs shall be permitted in all zoning
districts within a public right-of-way along the transit route of
a public transportation entity only when incorporated into or on a
bench or shelter located at a designated stop intended for commuters
using the said public transportation.
(a)
Such off-site advertising signs shall not be internally illuminated.
(b)
No off-site advertising sign may contain words such as "stop,"
"look," "one-way," "danger," "yield" or any similar words, phrases,
symbols, lights or characters in such a manner as to interfere with,
mislead or confuse traffic.
(c)
No off-site advertising sign shall be posted within 300 feet
of an historic resource as identified in the Historic Resources Survey
of Haverford Township, prepared by the Delaware County Planning Department,
of 1994, as adopted by Haverford Township and as may be amended from
time to time.
(d)
The owner of an off-site advertising sign shall indemnify the
Township of Haverford against any loss or injury sustained as a result
of the operation or failure to properly maintain the off-site advertising
sign.
(e)
Sign illumination. An off-site advertising sign may be illuminated
from 6:00 a.m. until 11:00 p.m. in accordance with the following:
[1]
Light sources to illuminate signs shall neither be visible from
any street right-of-way, nor cause glare hazardous or distracting
to pedestrians, vehicle drivers, or adjacent properties.
[2]
No more than 0.2 footcandle of light shall be detectable at
the boundary of any abutting property.
[3]
Signs shall provide an automatic timer to comply with the intent
of this section.
[4]
During daylight hours between sunrise and sunset, luminance
shall be no greater than 5,000 nits.
[5]
At all other times, luminance shall be no greater than 250 nits.
[6]
An off-site advertising sign must have a light-sensing device
that will automatically adjust the brightness of the display as the
natural ambient light conditions change to comply with the limits
set here within.
[7]
The illumination of an off-site advertising sign must remain
static in color and intensity of illumination.
[4]
Editor's Note: This ordinance also redesignated former
Subsection G as Subsection H.
H.
Nonconforming or abandoned signs.
(1)
All signs erected prior to the enactment of
this chapter or subsequent amendments which are not in conformity
with the provisions thereof shall be deemed nonconforming uses.
(2)
Amortization of nonconforming signs. Nonconforming
signs shall be removed, replaced, repaired or otherwise brought into
conformity with the provisions of this chapter in accordance with
the following schedule:
(a)
Temporary sidewalk, sandwich or A-frame signs,
movable freestanding signs, banners, streamers, pennants and similar
signs shall be abated or removed within 30 days of notification by
the Zoning Officer.
(b)
Signs painted on buildings, walls, fences or
benches shall be abated or removed within 60 days of notification
by the Zoning Officer.
(d)
Upon change of occupancy and/or ownership, any
nonconforming sign would be removed before the issuance of the certificate
of occupancy.
(3)
No nonconforming sign may be altered or replaced
unless the altered or new sign is in conformity with this chapter.
(4)
No person shall maintain or permit to be maintained
on any premises owned or controlled by him a sign which has been abandoned.
Any such abandoned sign shall be promptly abated by the owner or person
controlling the property. An abandoned sign, for the purpose of this
chapter, is:
On a corner lot or at any point of entry on
a public road, nothing shall be erected, placed, planted or allowed
to grow in such a manner as to obscure the vision above the height
of two and one-half (2 1/2) feet and below 10 feet within the
permitted building setback or an area bounded by the street lines
of such corner lots and a line joining points on these street lines
75 feet from their intersection along the lot lines, whichever is
less. The required heights shall be measured from the center-line
grade of the intersecting streets or driveways.
[Amended 3-21-1977 by Ord. No. 1657]
A.
General.
(1)
The regulations of this section shall apply
to all open private recreational uses, including swimming pools, which
require the installation of permanent surfaces, either at ground level
or elevated.
(2)
Such uses are considered structures for the
purpose of permits and certain other regulations; however, they are
not counted as floor area in computing building coverage.
(3)
No such use shall be located in front yards
or less than 10 feet from any property line as measured from the edges
of any permanent surface.
(4)
No such use shall be constructed in the Township
except in accordance with a permit therefor previously secured from
the Zoning Officer of the Township. The application for said permit
shall be accompanied by a plan showing the size and location of any
recreational facility and its enclosure and such other information
as may be necessary for the Zoning Officer to determine whether said
facility complies with the requirements of this section.
(5)
Every tennis or paddle tennis court area shall be completely enclosed by a metal chain link or mesh fence at least nine feet in height but not in excess of 12 feet in height. Appropriate fences for any other type of recreational use may be required at the discretion of the Zoning Officer. The type, quality and method of construction of any required fence shall be approved by the Zoning Officer with the intent that said fence shall act as a protection to adjacent properties against interference from stray balls. The height limitations as contained in Chapter 58, Building Construction, shall be waived for fences required under this section.
B.
Special regulations applicable to swimming pools.
(1)
All swimming pools used for bathing or swimming
purposes in which water may collect in excess of a depth of two feet
shall be completely enclosed by a fence. Swimming pools shall be located
no less than 10 feet from any property line as measured from the waterline.
(2)
The type, quality and method of construction
of any required fence shall be approved by the Zoning Officer with
the intent that it shall act as a safeguard and protection to children.
Such fence shall be at least four feet in height, but not in excess
of six feet, and nonremovable. Fences four feet high may be solid.
Fences above four feet shall be 50% open for that portion above four
feet, not to exceed six feet. Fences shall have self-locking gates
and shall be such as to prevent unauthorized children and stray animals
from entering the pool area, provided that existing, nonconforming
fences may be approved by the Township Zoning Officer.
(3)
No swimming pool shall be constructed in the
Township except in accordance with a permit therefor previously secured
from the Zoning Officer of the Township, upon written application
accompanied by a plan showing the size, shape and location of the
swimming pool and its enclosure and such other information as may
be necessary for the Zoning Officer to determine whether the pool
complies with the requirements of this chapter.
[Amended 2-15-2005 by Ord. No. 2439]
In all districts, the requirements of Chapter 78, Erosion and Sediment Control; Stormwater Management shall apply.
A.
The height limitations of the following structures
shall be limited to no more than 15 feet above the roofline: church
spires, domes, radio and television towers, chimneys, smokestacks,
flagpoles, aerials, elevators, tanks and other projections neither
intended nor used for human occupancy.
B.
In any residential district, the maximum height limit
of 35 feet may be exceeded by one foot for each foot by which the
width of each side yard and the depth of the rear yard are increased
beyond minimum yard requirements up to a maximum height of 45 feet.
A.
The following uses are prohibited in every district:
(1)
No single mobile home or boat may be used for
living or housekeeping purposes within the Township.
(2)
An unoccupied mobile home, a boat, motor home,
travel trailer or other recreational vehicle shall not be parked on
a lot unless it is parked at all times in the rear one-half (1/2)
of the lot and parked upon a hard surface.
[Amended 1-9-1996 by Ord. No. 2237]
(3)
Outdoor storage of any type shall not be permitted
unless such storage is a part of the normal operations of a use conducted
on the premises, subject to design and performance standards for the
prevailing district, and provided further that the following requirements
are conformed to:
[Amended 10-14-1975 by Ord. No. 1616]
(a)
No flammable or explosive liquids, solids or
gases shall be stored in bulk above ground; provided, however, that
tanks or drums of fuel directly connecting with energy devices, heating
devices or appliances located on the same lot as the tanks or drums
of fuel are excluded from this requirement.
(b)
All outdoor storage facilities shall be enclosed
by an opaque fence adequate to conceal the facilities from any adjacent
properties.
(c)
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces.
(d)
All material or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise be attractive to rodents or insects shall be stored outdoors
only in closed containers.
(e)
Junkyards, including automobile or motor vehicle junkyards or wrecking establishments, as defined in § 182-106B, are expressly prohibited in all districts.
(f)
Outdoor storage facilities within a planned community shopping center in the C-5 Shopping Center Commercial District shall be permitted in accordance with the provisions of § 182-406D(2).
[Added 9-13-2010 by Ord. No. 2604]
(4)
(5)
Vehicles regularly parked or maintained on the
premises.
[Added 12-13-1993 by Ord. No. 2189]
(a)
No commercial vehicle with a gross weight in
excess of 11,000 pounds shall be parked or maintained on a property
located in any residential district or the streets adjacent thereto.
(b)
No commercial vehicle shall be permitted to
load or unload in a residential district except for normal retail
deliveries or moving the contents of a home.
(c)
It shall be unlawful for any person to use premises
located in a residential district for a loading station or warehouse.
(6)
No panhandle or flag lot shall be created within
Haverford Township, either by subdivision or lot line change.
[Added 12-13-1993 by Ord. No. 2189]
(7)
No adult commercial use shall be permitted in
any zoning district other than LIN Light Industrial District.
[Added 8-8-1994 by Ord. No. 2208]
A.
Standards.
(1)
Every parking space, outdoors or in a garage, shall consist of not less than 162 square feet of usable area for each motor vehicle. Parking spaces shall be a minimum of nine feet wide and 18 feet long. The required parking area shall be measured exclusive of interior driveways or maneuvering areas. Outdoor parking or service areas for uses open to the public and the approaches thereto shall be paved according to Township specifications and shall be graded, properly drained and maintained in a good condition. In computing the number of parking spaces required in Subsection B of this section, if the computation shall result in a fraction, a space shall be required for each such fractional amount.
[Amended 10-14-1975 by Ord. No. 1616; 12-13-1993 by Ord. No.
2189]
(2)
An off-street parking facility existing at the
effective date of this chapter shall not subsequently be reduced to
an amount less than required under this chapter for a similar new
building or new use. An off-street parking facility provided to comply
with the provisions of this chapter shall not subsequently be reduced
below the requirements of this chapter.
(3)
Every parking lot shall be subject to the following
buffer requirements:
(a)
In the case of a parking lot which is accessory to a permitted use and which has facilities for three or more automobiles, any boundary or property line which abuts a residential district or a lot used for residential purposes shall be screened from the adjacent property by a buffer planting strip not less than five feet in width as defined in § 182-106B, except where the Zoning Hearing Board shall determine as a special exception that such screening is not necessary or practicable. Any buffer requirement of this subsection shall be subject to any more stringent requirement of the district in which such lot is located.
(b)
In the case of a parking lot which is a main
use, such lot shall be enclosed, except for entrances or exits, by
an ornamental fence or wall or by a compact evergreen hedge not less
than three feet in height, except where the boundary of such parking
lot is an adjoining building, in which case vines shall be planted
to grow on the building wall, subject to permission by the owner of
the building, in order to prevent graffiti.
(4)
Every property located in a residential district
or a lot used for residential purposes shall provide off-street parking
in accordance with this section. However, no paved surface used as
off-street parking or drive access may be so constructed as to exceed
25 feet or 50% of the lot width of the property, whichever is less,
at any point within the required front yard.
[Added 11-9-1998 by Ord. No. 2299]
B.
Requirements. Subject to the general requirements
for off-street parking, off-street parking space, with proper access
from a street, alley or driveway, shall be provided in all districts
in the amounts indicated below. Such parking space shall be provided
on any lot on which a dwelling is hereafter erected or converted or,
in the case of any other use, on or near the lot on which any main
building is hereafter erected or converted. Nothing in this subsection
shall be construed to prevent the collective provision of off-street
parking facilities for two or more buildings or uses, provided that
the total of such off-street parking facilities provided collectively
shall be not less than the sum of other requirements for the various
individual uses computed separately. In no case shall the number of
parking spaces provided or the area devoted to parking be less than
the minimum requirements of this subsection.
|
Use
|
Standards
| ||
|---|---|---|---|
|
Single- and two-family dwellings
[Amended 12-8-2003 by Ord. No. 2400] |
2 spaces per dwelling unit
| ||
|
Apartment buildings, townhouses, and
multiple family dwellings
[Amended 5-9-1977 by Ord. No. 1665; 12-8-2003 by Ord. No. 2400] |
2 spaces per dwelling unit
| ||
|
Tourist, rooming or boardinghouses
|
1 space for each rental room, plus
1 space for the resident family
| ||
|
Hotels, motels or inns
|
1 space for each rental room or suite.
If a restaurant in connection with such a use is open to the public,
the off-street parking facilities for such restaurant shall be not
less than those required for a restaurant.
| ||
|
Restaurants or similar establishments
[Amended 4-8-2013 by Ord. No. 2681] |
1 space for each 100 square feet of
floor area devoted to patron use
| ||
|
Theaters, churches, lodges, meeting
places, etc.
|
1 space for every 3 fixed seats or,
where the capacity is not determined by the number of fixed seats,
1 space for each 60 square feet of floor area devoted to patron use
| ||
|
Retail stores
|
1 space for each 200 square feet of
floor area, exclusive of basement areas not used for sale or display
of merchandise
| ||
|
Shopping centers
[Added 9-13-2010 by Ord. No. 2604] | |||
|
(1)
|
4 parking spaces for each 1,000 square
feet of gross leasable area or fraction thereof. Gross leasable area
shall be deemed to be 7.5% less than the total floor area of the shopping
center.
| ||
|
(2)
|
Required parking for all permitted
uses within the shopping center shall be calculated by applying Subsection
B(1) above with the exception of any automobile sales and service
agency which shall instead be governed by Code § 182-406.B(l)(e)(5).
| ||
|
Offices, office buildings or banks
|
1 space for each 200 square feet of
floor area, exclusive of basement if not used for office purposes
| ||
|
Personal service estab- lishments
|
1 space for each 100 square feet of
customer service area, in addition to 1 space for each employee
| ||
|
Medical and dental offices and clinics
|
1 space for each 2 employees, plus
4 spaces per doctor
| ||
|
Wholesale establishments or industrial
buildings
|
1 space for each 1,000 square feet
of floor area, exclusive of basement areas not used for the sale or
display of merchandise or manufacturing
| ||
|
Gasoline service stations or public
garages
|
2 spaces, either within or without
the structure, for each 200 square feet of floor or ground area devoted
to repair, sales or service facilities and, in addition, such space
as is necessary for vehicles purchasing gasoline or being stored.
In no case shall the spaces for permitted motor vehicle storage in
conjunction with a service station be less than 5
| ||
|
Hospitals, sanitoriums or nursing
homes
|
1 space for each 600 square feet of
floor area, exclusive of basement areas not devoted to patient use
or living quarters of student nurses, or 1 space for each 2 patient
beds, whichever is the greater
| ||
|
Car wash establishments
|
Parking space as in accordance with § 182-405E of this chapter
| ||
|
Bowling alleys
|
3 spaces for each lane
| ||
|
Funeral homes
|
1 space for each 100 square feet of
floor area devoted to assembly room purposes
| ||
|
Private kindergartens child nurseries
|
1 space for each 600 square or feet
of floor area
| ||
|
Buildings or uses other than specified
above
|
For any building or open area used
for a purpose not covered above, at least 1 space for each 1,000 square
feet of gross floor area or lot area, whichever is the larger, except
when otherwise authorized by the Zoning Hearing Board as a special
exception consistent with the principles set forth herein for comparable
buildings
| ||
|
Employee parking in Office-Laboratory
and Light Industrial Districts
[Amended 10-14-1975 by Ord. No. 1616; 12-8-1975 1975 by Ord. No. 1623; 5-9-1977 by Ord. No. 1666] |
For every use for which there are
regular employees, there shall be 1 parking space pro- vided for each
2 employees on the largest shift, in addition to the above parking
requirements
| ||
|
Employee parking in all other districts
[Repealed 6-9-2008 by Ord. No. 2543] | |||
|
Skating rinks
[Added 10-14-1975 by Ord. No. 1616] |
1 space for every 100 square feet
of skating area
| ||
|
Swimming pools, com- mercial or public
[Added 10-14-1975 by Ord. No. 1616] |
2 spaces for every 100 square feet
of pool area
| ||
|
Golf courses
[Added 10-14-1975 by Ord. No. 1616] |
0.2 spaces per member
| ||
|
Playing fields and courts
[Added 10-14-1975 by Ord. No. 1616] |
1 space for every 3 players, plus
1 space for every 5 spec- tator seats
| ||
|
Continuing-care facility for the elderly
[Added 9-24-1984 by Ord. No. 1906] |
1 space per dwelling unit plus 1 space
for every 2 employees an- ticipated at the largest shift for all nonresidential
uses
| ||
|
Shopping centers
[Added 3-11-1996 by Ord. No. 2239; amended 6-9-2008 by Ord. No. 2543] |
If an automobile sales and service agency is included within the shopping center, the parking for the agency shall be governed by Code § 182-406B(1)(e)[5] and shall be in addition to that required for the remainder of the shopping center. 6 parking spaces for each 1,000 area or fraction thereof. Gross leasable area shall be deemed to be 7.5% less than the gross floor area of the shopping center
| ||
|
Personal care assisted- living residence
[Added 8-11-1997 by Ord. No. 2277] |
1 space for each 3 living units, plus
1 space for each employee on the shift of greatest employment
| ||
A.
Standards.
(1)
Off-street loading and unloading space(s) with
proper and safe access from a street or alley shall be provided on
each lot used for commercial or other purposes where it is deemed
that such facilities are necessary to adequately serve any such use
within the district. All such loading and unloading spaces shall be
located at the rear of the building.
[Amended 9-13-2010 by Ord. No. 2604]
(a)
Each loading and unloading space shall be at
least 12 feet wide by 60 feet long, shall have at least 15 feet vertical
clearance, except that smaller spaces may be permitted provided that
they are adequate for the size of the particular delivery vehicles.
(b)
All loading spaces be designed to provide adequate
maneuvering area to enter and exit the loading space.
(c)
No loading space shall overlap, occupy, or otherwise interfere with
required driveways and parking spaces.
(d)
No loading space shall be permitted within the required front yard
setback from any street.
(e)
Have an all-weather surface to provide safe
and convenient access during all seasons.
(f)
Not be constructed in a front yard or between
a street right-of-way line and a building line.
(2)
Required off-street parking space, including
aisles, shall not be used for loading and unloading purposes, except
where night loading or other satisfactory arrangements are made for
hours when business operations are suspended.
(3)
Loading and unloading facilities shall be designed
so that trucks need not back in or out on or park in any public right-of-way.
(4)
No truck shall be allowed to stand in a right-of-way
or automobile parking area, including aisles, during any time in which
any such area is used for parking or in any way block the flow of
persons or vehicles.
B.
Requirements. The number of loading and unloading spaces shall in all cases be adequate for a proposed use, and each such space shall comply with the standards in Subsection A of this section. In any case where a commercial or other use is subject to review or approval by the Zoning Hearing Board or the Planning Commission, the number of spaces provided shall be approved by the Board or Commission.
In O-2 Office-Residential, C-1, C-2, C-3 and
C-4 Commercial and INS Institutional Districts, the Zoning Hearing
Board may authorize as a special exception the conversion of any dwelling
existing in any such district at the effective date of this chapter
to any nonresidence use permitted in the district in which such dwelling
is located, provided that:
A.
The proposed use shall comply with the yard, area,
off-street parking and other requirements of the applicable district.
B.
No existing yards or required open space shall be
reduced to less than the requirements of the applicable district governing
a permitted use.
C.
Living accommodations or sleeping quarters shall be
permitted, provided that the minimum habitable floor area per family
is not less than 600 square feet, excluding stairs and corridors,
and that no basement shall contain habitable rooms except for custodian
living quarters.
D.
The proposed reconstruction and conversion shall be
in keeping with the predominant character of the applicable district
and shall not detract from the use of an adjoining property for any
permitted use.
F.
No dwelling shall be converted unless, in connection
therewith, the Township shall be assured that the building, when completed,
will comply in all respects with sound, present day standards for
the proposed use.
G.
The Zoning Hearing Board may prescribe such further
conditions with respect to the conversion and use of such building
or property as it may deem appropriate.
The Zoning Hearing Board may authorize as a
special exception the conversion of a property in a C-3 District from
single-family to two-family or multiple-dwelling occupancy, subject
to the following requirements:
A.
The lot area per dwelling unit shall not be reduced
below 3,000 square feet per family.
B.
One and one-half off-street parking spaces shall be
provided for each additional dwelling unit created.
C.
Each family unit shall have not less than 600 square
feet of gross habitable floor area, excluding stairs and corridors.
D.
Any such building shall comply with the requirements
of the Building Code and any other applicable ordinance or requirement
of the Township.
E.
No dwelling shall be converted unless, in connection
therewith, the Township shall be assured that such building when completed
will comply in all respects with sound, present-day standards for
the proposed use.
F.
The Zoning Hearing Board may prescribe such further
conditions with respect to the conversion and use of such building
or property as it may deem appropriate.
[Amended 1-9-1996 by Ord. No. 2237]
The following supplemental and general regulations
shall be observed in all residential districts and in R-7 Townhouse,
R-8 Garden Apartment and R-9 Medium- and High-Rise Apartment Districts
where applicable:
A.
No accessory building other than a private garage
shall exceed one story or 12 feet in height. Private garages may not
exceed one story or 15 feet in height from the floor/slab to the highest
point of the roof for flat roofs, to the deck of mansard roofs, and
the following height limitations for gable, hip or gambrel roofs:
[Amended 2-21-2006 by Ord. No. 2449]
(1)
A garage with a total width of 18 feet or less
shall not exceed 15 feet in height as measured from the floor/slab
to the top of the ridge.
(2)
A garage with a width exceeding 18 feet shall
be permitted to increase the height of the garage up to 18 feet, provided
that the garage shall not exceed one story.
(3)
Garages in excess of 18 feet in height will
be permitted when authorized as a special exception by the Zoning
Hearing Board in the case of:
(a)
A building accessory to a permitted church,
school or other nonresidential building, subject to the height limitation
specified above and further provided that the lot area, building and
impervious surface regulations of the underlying district have been
met.
(b)
A residential private garage in excess of 18
feet in width that provides a minimum separation of 20 feet further
back from the street line than the rearmost portion of the principal
structure and is further subject to the following:
[1]
The Zoning Hearing Board shall find that the
proposed structure will not provide habitable second story space.
[2]
That the proposed height is in keeping with
the character of the surrounding neighborhood.
[3]
That there are no electrical receptacles, drain
lines or water supply lines within the overhead area above the first
story.
B.
Garages and other accessory buildings.
(1)
No private garage or other accessory structure may be erected
or placed within a front yard, and no such building may be erected
in a side or rear yard unless it is entirely separated from the main
building, located at least 10 feet farther back from the front street
line than the rearmost portion of the main building, 10 feet from
all other structures and at least five feet from the side or rear
property line of said lot. Notwithstanding the provisions of this
subsection, no accessory building may be located in any yard which
abuts a street, and nothing in this subsection shall be construed
to prohibit the erection of a common or joint garage which is not
an integral part of a main building on adjacent lots.
[Amended 7-13-2015 by Ord. No. 2754]
(2)
A garage door is not to exceed seven feet six
inches in height and 16 feet in width. Private garages larger than
25 feet by 25 feet shall not be permitted, and in no event shall exceed
50% of the area of a principal building on the same lot.
[Amended 2-21-2006 by Ord. No. 2449]
(3)
All accessory structures exceeding 100 square feet shall be
secured to the ground in a permanent fashion subject to the approval
of the Code Official of the Township.
[Added 7-13-2015 by Ord.
No. 2754]
No main building and no part of a building shall
be erected within or shall project into a front, side or rear yard,
except for cornices, projecting eaves, gutters or chimneys projecting
not more than 18 inches, steps and awnings.
The following shall apply in all districts:
A.
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 in a district, except as provided for in § 182-721 relating to a plan for special residential development.
B.
No lot shall be formed from part of a lot already
occupied by a building unless the existing building and any proposed
building comply in all respects with the area and other requirements
of the district in which such building is located.
C.
No yard or open space required in connection with
any building shall be considered as providing required open space
for any other building.
The following shall apply in the case of any
electric substation, telephone central office or similar governmental
or public utility use permitted in a residential, office or commercial
district:
A.
The use shall be a use appropriate or necessary in
a residential, office or commercial district and shall not include,
in a residential district, an office open to the general public or,
in a residential or office district, the storage of materials, rotating
equipment, trucking or repair facilities, housing of work crews, a
storage garage or any structure involving major traffic movements.
B.
The portion of any such use not located within a building
shall be enclosed or adequately screened in such a manner as to not
detract from the character of the district.
C.
An electric substation or similar use shall be surrounded
by an anchor-type fence or masonry wall and by evergreen shrubbery
or tree planting not less than the height of the fence or wall, with
sufficient density to screen out the fence or wall and the substation.
D.
No advertising shall be affixed to any structure.
[Amended 9-13-2010 by Ord. No. 2604]
Notwithstanding other requirements of this chapter,
there shall be conformity of building setback lines with the median
setback lines of existing structures on the same side of the street
and within 300 feet of the proposed new construction. This provision
shall not apply to uses and buildings developed within the C-5 Shopping
Center Commercial district if developed as part of a planned community
shopping center.
[Amended 10-14-1975 by Ord. No. 1616; 12-8-1975 by Ord. No.
1623; 5-9-1977 by Ord. No. 1666]
The following regulations shall be observed
in O-1 Office and O-2 Office-Residential; C-1, C-2, C-3, C-4 and C-5
Commercial; OL Office-Laboratory; INS Institutional; and LIN Light
Industrial Districts:
A.
Fire and explosive hazards and radioactivity. All
activities and all storage of flammable and explosive material at
any point shall be provided with adequate safety devices against the
hazards of fire and explosion and adequate fire-fighting and fire-suppression
equipment and devices as detailed and specified by the Department
of Labor and Industry and the laws of the Commonwealth of Pennsylvania.
There shall be no activities which emit radioactivity at any point.
B.
Electrical disturbances. There shall be no electrical
disturbance adversely affecting the operation at any point of any
equipment other than that of the creator of the disturbance.
C.
Smoke, ash, dust, fumes, vapor, gases and other forms
of air pollution.
(1)
There shall be no emission at any point from
any chimney or otherwise which can cause any damage to health, to
animals or vegetation or to other forms of property or which will
cause any excessive soiling at any point.
(2)
There shall be no emission at any point from
any chimney or otherwise for longer than five minutes in any hour
of visible gray or visible smoke of any color with a shade darker
than No. 3 of the Standard Ringelmann Chart as issued by the United
States Bureau of Mines.
D.
Liquid and solid wastes. There shall be no discharge
at any point into any private or public sewerage system or stream
or into the ground of any materials in such a way or of such a nature
or temperature as can contaminate or otherwise cause the emission
of hazardous materials, except in accordance with the standards of
the Pennsylvania Department of Environmental Resources and the Board
of Township Commissioners.
E.
Noise and vibration. There shall be no vibration or
noise level at the property line greater than the average noise level
occurring on adjacent streets.
F.
Glare. No direct or sky-reflected glare, whether from
floodlights or from any high-temperature process, shall be visible
from adjoining public streets or adjacent lots when viewed by a person
standing at ground level.
G.
Odor. There shall be no emission of odorous gases
or other odorous matter in such quantities as to be offensive on adjoining
streets or adjacent lots.
H.
Operation. All operations involving processing or
the production of any materials or goods shall be conducted entirely
within an enclosed building.
[Amended 10-14-1975 by Ord. No. 1616; 12-8-1975 by Ord. No.
1623; 5-9-1977 by Ord. No. 1666]
The following special and supplemental regulations
shall be observed in O-1 Office and O-2 Office-Residential; C-1, C-2,
C-3, C-4 and C-5 Commercial; O-L Office-Laboratory; and INS Institutional
Districts and in the case of a use subject to special exception in
R-1, R-2, R-3, R-4, R-5 and R-6 Residential Districts:
A.
Off-street parking design standards.
(1)
Parking spaces shall be clearly delineated by
painted lines or markers.
(2)
Stalls shall be provided with bumper guards
or wheel stops when necessary for safety or protection to adjacent
structures or landscaped areas.
(3)
Surface drainage shall be connected to the existing
or proposed drainage system.
(4)
All vehicular entrances and exits to parking
areas shall be clearly designated for all conditions.
(5)
If spaces are used during evening hours, appropriate
lighting shall be provided.
B.
Screening.
(1)
A planted visual barrier or buffer planting strip as defined in § 182-106B shall be provided and maintained by the owner or lessee of a property as follows:
(a)
Between office, commercial, office-laboratory
and institutional districts and a contiguous residential, townhouse
or apartment district, except where natural or physical man-made barriers
exist. Where the contiguous residential, townhouse, or apartment land
is owned by the same owner as the adjacent office, commercial, office-laboratory,
or industrial land, and is not being developed for residential purposes,
the required buffer may be relocated to the boundary between the residential,
townhouse, or apartment land owned by the developer and any adjacent
residential, townhouse, or apartment land not owned by the developer.
[Amended 9-13-2010 by Ord. No. 2604]
(b)
Between a use permitted by special exception
in a residential district and a lot used for residence purposes, except
where natural or physical manmade barriers exist or in any case where
the Zoning Hearing Board shall determine as a special exception that
such screening is not necessary or practicable.
(c)
In all O-1, O-2, C-1, C-5, OL, INS and LIN Districts,
there shall be a front yard landscape strip, planted and landscaped
subject to the approval of the Shade Tree Commission. No plantings
shall be permitted which shall, at maturity, obstruct or obscure the
visibility of a motorist at any intersection or driveway located on
or near the property being landscaped.
[Amended 1-9-1996 by Ord. No. 2237]
(d)
Between a light industrial district and a continuous
residential or institutional district, except where natural or physical
man-made barriers exist.
(2)
All visual barriers or buffer planting strips
shall be in accordance with the following minimum widths:
(3)
Any existing business or use affected by these
regulations at the time of passage of this chapter shall not be required
to comply with the above screening requirements, except in case of
the enlargement or major alteration of such business or use. Similarly,
for any district boundary change after the passage of this chapter
initiated by a residential developer abutting an office, commercial,
office-laboratory or institutional district property for which these
regulations apply, these screening requirements shall not be imposed.
(4)
Side and rear yards may be used in calculating
the area required for the buffer strip.
(5)
In all C-2, C-3 and C-4 Districts, property
owners shall plant trees at curbside, placed at the discretion of
the Shade Tree Commission.
C.
Storage.
(1)
Except as otherwise permitted in this chapter,
no permanent storage or display for sale of merchandise, articles
or equipment shall be permitted outside a building.
(2)
Except as otherwise permitted in this chapter,
any article or material stored or displayed for sale temporarily outside
an enclosed building as an incidental part of a permitted main use
shall be so screened by opaque ornamental fencing, walls or evergreen
planting that it cannot be seen from adjoining public streets or adjacent
lots when viewed by a person standing at ground level. All organic
rubbish or storage shall be contained in airtight verminproof containers,
which shall also be screened from public view.
D.
Landscaping.
(1)
Any part or portion of a lot or tract which
is not used for buildings or other structures, loading or parking
spaces and aisles or sidewalks and designated storage areas shall
be landscaped with trees, shrubs and grass in accordance with an overall
landscaping plan which is subject to approval by the Shade Tree Commission
and Planning Commission and shall be in keeping with the natural surroundings.
A replacement program for nonsurviving plants shall be included. Landscaped
areas shall be kept well-groomed.
(2)
Any single parking area with 50 or more spaces
shall utilize at least 5% of its area in landscaping, which shall
be in addition to the open area requirements of the district.
(3)
A unified landscaping plan shall be provided
for all development in a C-5 District, subject to the approval of
the Shade Tree Commission. Such plan shall include appropriate landscaping
around individual stores and buildings, as well as landscaping of
required buffer and parking areas.
E.
Shopping cart storage. In commercial districts, any
establishment which furnishes carts or mobile baskets as an adjunct
to shopping shall provide definite locations within the required parking
space area for storage of carts. Each designated storage area shall
be clearly marked for storage of shopping carts.
F.
Lighting. All parking areas, driveways and loading
areas shall be provided with a lighting system so as to adequately
meet the needs of the area. All lighting shall be completely shielded
from traffic on any public right-of-way and from any residential district.
G.
Interior circulation, access and traffic control.
Standards for interior circulation, access and traffic control shall
be in accordance with the provisions of the Township subdivision and
land development regulations, Chapter 162 of this Code.
[Amended 1-9-1996 by Ord. No. 2237]
H.
Building design.
(1)
Buildings shall be designed to take advantage
of the natural terrain and shall not be physically located so as to
unnecessarily concentrate activity in one portion of a lot. At least
one entranceway shall be maintained at ground level. All pedestrian
entrances shall be paved with an all-weather surface. A curbing shall
be provided to separate parking areas, streets and driveways.
(2)
In any case where there is more than one building
on a lot, the distance at the closest point between any two buildings
or groups of buildings shall be at least as great as the average height
of the two adjoining buildings and not less than 20 feet, except as
otherwise specifically provided in the requirements of a district.
(3)
In a light industrial district, no exhausts
or ventilators shall be located on a building wall which faces an
adjoining residential district.
[Amended 10-14-1975 by Ord. No. 1616; 5-9-1977 by Ord. No.
1665; 1-9-1996 by Ord. No. 2237]
The following regulations shall be observed
in R-7 Townhouse, R-8 Garden Apartment and R-9 Medium- and High-Rise
Apartment Districts and triplex or quadruplex developments in R-6
Residential Districts:[1]
A.
General design and development standards.
(1)
The proposed development shall be designed as
or as a part of a unified single architectural and land development
scheme and shall provide, in conjunction with an apartment, townhouse
or quadruplex development, for appropriate common open spaces, parking,
maintenance and other facilities and services. Satisfactory written
arrangements acceptable to the Township shall be made for the perpetual
preservation and maintenance of all common open space or other common
elements to be set aside and reserved for private use. These arrangements
may include retention and management by private ownership, a condominium
arrangement or conveyance to a legally constituted homeowners' association.
(2)
The distance at the closest point between any
two buildings, parts of buildings or groups of buildings shall be
at least 20 feet, in the case of townhouses and, in the case of apartment
buildings, at least as great as the height of the taller of the two
adjoining buildings and not less than 35 feet.
(3)
In order to encourage an attractive building
arrangement, variations in the setback or alignment of buildings erected
on the same frontage or attached to other buildings shall be deemed
desirable, parallel arrangements of buildings should be avoided and
desirable variations in such things as the facade, width, color, exterior
materials, construction and rooflines of apartment buildings, townhouses
and quadruplaxes shall be deemed desirable.
(4)
No two apartment buildings shall be attached
in a straight unbroken row, but shall be designed with visible offsets
or setbacks not less than six feet in depth or with variations in
building alignment and orientation. The facades of not more than every
two townhouse units shall be offset by not less than 16 inches. Whenever
three or more buildings containing four quadruplex units are constructed,
they should not be constructed in a straight unbroken row but should
rather be designed with visible offsets or setbacks.
(5)
In the case of permitted apartment development,
architectural consideration shall be given to a design that avoids
rectangular buildings, for example, to a circular or Y-shaped scheme.
This type of design provides for the location of an elevator system
at the core of a complex in a medium- or high-rise structure.
(6)
There shall be no outside storage of any kind,
including but not limited to trash and garbage.
(7)
Outdoor lighting facilities shall be arranged
to protect adjoining residences or streets from direct glare or hazardous
interference.
(8)
All trash shall be collected by private trash
collection under such terms and conditions as the Township shall prescribe.
(9)
A basement shall contain no habitable rooms,
except for the living quarters of a custodian or similar person.
(10)
In the development of a site, whenever and wherever
possible, trees that will not interfere with the logical development
of the site shall be saved and protected, and measures shall be taken
to avoid the burial of large trees, stumps and other wooden debris.
Also, all recommendations of the Township Engineer regarding the removal
of rock and other debris shall be complied with, and any fill which
is required shall be clean fill and free from all foreign matter,
especially wood, metal and trash.
(11)
In addition to all applicable Township ordinances and regulations, any and all state requirements, laws and regulations also shall be complied with, All signs shall comply with the provisions of § 182-701.
(12)
The Township Board of Commissioners, upon recommendation
from the Township Planning Commission, may require compliance of design
with such standards as are herein encouraged.
(13)
Townhouses developed as a cooperative or a condominium
and all apartment developments exceeding 10 units in size shall contain
areas containing active recreation facilities, such as tot lots, swimming
pools, tennis courts, golf courses or playing fields, equal to 20
square feet for each unit, provided that in no case will the developer
be required to utilize more than 50% of the area not covered by buildings
and paving for such purposes.
B.
Supplemental yard requirements and landscaping.
(1)
No part of any front yard is to be used for
off-street parking or for a garage or storage of any kind.
(2)
There shall be a buffer planting strip as defined in § 182-106B along each district boundary line within the district, which shall be not less than 25 feet in depth measured from the district boundary line. The required buffer area may be included in any front, rear or side yard area required under the provisions of the district. Where the district abuts a commercial or office district or a district other than a single-family residential district, the required buffer strip may be reduced to not less than five feet as to the side or sides of the townhouse or apartment district immediately adjacent thereto. All trees which are planted shall have an initial height of not less than five feet, and all shrubs shall have a height of not less than two feet.
(3)
Any part or portion of the site of a proposed
development which is not used by buildings or structures or by parking
and other paved areas shall be landscaped with trees and shrubs in
accordance with an overall landscaping plan which is subject to approval
by the Shade Tree Commission and Planning Commission.
C.
Off-street parking and circulation standards.
(1)
Off-street parking shall be provided in accordance with the requirements of § 182-707 of this chapter. All driveways and off-street parking facilities shall be hard-surfaced.
(2)
At least one access point and not more than
two, separated into two one-way lanes of not less than 25 feet in
width, shall be provided on any one street in order to promote traffic
safety.
(3)
The design of any parking facility shall incorporate
an internal traffic pattern that eliminates hazardous parking and
movement.
(4)
All streets, curbs and other utility installations
shall be improved in accordance with the requirements and specifications
of the Township, and all materials, workmanship and construction of
such improvements shall be in accordance with the specifications of
the State Department of Transportation where applicable.
[Added 11-9-1998 by Ord. No. 2302]
A.
Specific intent. It is the intent of this section to conserve and protect slopes from harmful disturbances, pursuant to the objectives identified in § 154A-3 of the General Laws of the Township of Haverford.
B.
Applicability. It shall be unlawful for any person to grade, fill, pave or disturb the vegetative ground cover of any steep or very steep slope or to cause any grading, paving or disturbance of vegetative ground cover of steep or very steep slope lands, as defined by § 154A-5 of the General Laws of the Township of Haverford, without first obtaining a permit from the Township Engineer. Further, no steep or very steep slopes may be used or occupied without first obtaining a certificate of compliance from the Director of Codes Enforcement.
C.
Use limitations. Use limitations shall be as follows:
(1)
Areas greater than twenty-five-percent slope
(very steep slope), uses permitted by right:
(a)
Agricultural uses not requiring cultivation,
construction or the use of structures.
(b)
Conservation and recreational uses not requiring
construction or the use of structures, i.e., parks, hiking and bridle
paths, woodlands, nature sanctuaries, refuge and conservation areas
and other such noncommercial conservation and passive recreational
activities.
(c)
Utility easements and rights-of-way, except
telecommunications facilities.
(d)
Front, rear and side yard setbacks required
by the underlying zoning district on any lot or tract.
(2)
Areas greater than twenty-five-percent slope
(very steep slope), uses by special exception when authorized by the
Zoning Hearing Board:
(3)
Areas greater than twenty-five-percent slope
(very steep slope), prohibited uses:
(a)
Cut and fill other than that associated with
the actions described above.
(b)
Soil, rock or mineral extraction.
(c)
Removal of topsoil.
(d)
Dumps, junkyards or other outdoor storage of
refuse materials and discarded or abandoned vehicles.
(e)
Swimming pools.
(f)
Roads or access drives.
(g)
All other activities not hereinabove provided.
(4)
Areas fifteen-percent to twenty-five-percent-slope (steep slope), uses permitted by right: All uses provided in Subsection C(1) above.
(5)
Areas fifteen-percent to twenty-five-percent-slope
(steep slope), uses permitted when authorized by the Zoning Hearing
Board as a special exception:
(6)
Areas fifteen-percent to twenty-five-percent-slope
(steep slope), prohibited uses: Any use not hereinabove provided for.
D.
Appeals. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this section or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Zoning Hearing Board of Haverford Township. Application and hearing procedures shall be in accordance with those provisions more fully described in Article X of this chapter.
[1]
Editor's Note: Former § 182-720,
Special procedural and plan requirements for certain districts, as
amended, was repealed 11-9-1998 by Ord. No. 2302.
[Amended 3-21-1977 by Ord. No. 1657; 5-14-1979 by Ord. No.
1739; 6-25-1979 by Ord. No. 1749; 7-24-2006 by Ord. No. 2471]
A.
Purpose and intent.
(1)
In the case of a plan for the residential development
of a tract of land 10 acres or more in size in R-1 and R1-A Residential
Districts and five acres or more in size in R-2 and R-3 Residential
Districts, the Board of Township Commissioners may, on the basis of
a subdivision or land development plan and following recommendation
by the Planning Commission, authorize modifications in the use, dimensional
and design requirements of R-1, R1-A, R-2 and R-3 Residential Districts
pursuant to the express criteria and standards set forth in this section.
Among the objectives of this section are to permit clustering and
other innovative approaches to residential development which can result
in a more attractive and interesting building arrangement that is
more closely related to the physical environment, to encourage a more
desirable and usable pattern of open space, to preserve trees and
other natural characteristics of the land, to facilitate the more
economical and efficient use of land, and to reduce the costs of utility
extension and other public services.
(2)
It is the specific intent of the Board of Commissioners
that certain cluster developments be encouraged to permit greater
flexibility in building design and efficiency of land area, preserve
open space and natural features, and maintain the general character
of the neighborhood. special residential developments shall:
(a)
Provide for a reasonable amount of residential
development in the form of compact neighborhoods of single-family
detached, single-family semidetached and multiple-family dwellings
clustered together to maximize open space.
(b)
Provide for various mixed uses and housing types
on larger parcels where large percentages of environmentally sensitive
areas can be preserved.
(c)
Allow for certain nonresidential uses within
a special residential development on a tract or tracts exceeding 50
acres to serve and support the residential development.
(d)
Preserve natural features such as:
[1]
Woodlands: to minimize erosion on areas of steep
slopes and streambanks; to improve groundwater quality and quantity;
to provide habitats for wildlife and plants; to provide effective
stormwater management and erosion control; to reduce greenhouse effects;
to provide wind breaks; to provide active and passive recreation opportunities;
to enhance the scenic characteristics; and to reduce air pollution
by absorbing airborne pollutants.
[2]
Steep slopes conservation: to limit soil erosion
and the resultant destruction of land, siltation of streams and wetlands;
and to reduce flooding and the overall damage to low-lying areas.
[3]
Wetlands: to provide for groundwater recharge;
to serve as a natural filter in the removal of pollutants and sediment
from the groundwater and surface water; and to provide aquatic habitats
essential to breeding, rearing and feeding grounds for many species
of fish, plants and other wildlife.
[4]
Floodplains: to protect the subject property
owner and downstream properties against increased floodwater heights
and velocities.
(e)
Implement the goals of the Township Comprehensive
Plan and Open Space Plan, specifically:
(f)
The provisions of a special residential development
shall serve as an overlay to the underlying district.
(g)
Where the provisions of this section conflict
with any other provision of this chapter, this section shall prevail.
B.
Use regulations. In addition to the uses permitted
in the underlying zoning district, a special residential development
may include the following uses:
(2)
Accessory uses.
(a)
Nonresidential uses. A special residential development
on a tract or tracts exceeding 50 acres may include nonresidential
uses accessory to the special residential development to serve and
support the residents and users of such development, subject to the
following:
[1]
Types of nonresidential uses permitted:
[a]
Bank, excluding drive-through facilities;
[b]
Automated teller machine ("ATM");
[c]
Convenience store, including the
sale of grocery and food products, newspapers and magazines, drugs
and variety items;
[d]
Personal service establishment,
including barber, beautician, shoe repair, dry cleaning shops;
[e]
Post office;
[f]
Snack bars and concessions to support
any recreational areas;
[g]
Other similar uses.
[2]
Limitation on size of nonresidential uses permitted:
(b)
Recreational uses. A special residential development on a tract or tracts exceeding 50 acres may include uses accessory to the dwellings, such as a swimming pool, tennis courts or any other recreational use or facility, subject to the requirements of § 182-703 of this chapter, and a central dining room, provided that any such accessory use shall be owned by a homeowners' or condominium association and operated exclusively to serve the residents of the development, and that there shall be no external evidence of any such accessory use other than a name or accessory use sign as provided in the sign regulations, § 182-701D.
(c)
Off-street parking. Off-street parking space,
a private garage, a community garage or a storage garage, provided
that such parking space or garage shall not be located within 50 feet
of any property line of the overall tract for which the development
application is submitted.
C.
Dimensional requirements.
(1)
Lot size.
(a)
Single-family detached dwellings. The lot size requirements relating to an individual lot may be reduced to not less than the following, provided that the gross or overall density of dwelling units in the entire tract shall be no greater than the maximum allowed by the underlying district, which maximum shall be calculated by dividing gross acreage by the minimum lot size for the underlying district, except as allowed under the bonus provisions of § 182-721E(2) in this chapter:
|
District
|
Minimum Lot Area Per Lot
(square feet)
| |
|---|---|---|
|
R-1
|
20,000
| |
|
R-1A
|
10,125
| |
|
R-2
|
8,000
| |
|
R-3
|
6,500
|
(b)
Single-family detached dwellings, single-family
semidetached dwellings and multiple-family dwellings. There shall
be no minimum lot size requirements for single-family semidetached
dwellings and/or multiple-family dwellings, provided that the gross
or overall density of all dwelling units in the entire tract shall
be no greater than the maximum allowed by the underlying district,
which maximum shall be calculated by dividing gross acreage by the
minimum lot size for the underlying district.
(2)
Other dimensional requirements.
(a)
Single-family detached dwellings on individual
lots. The lot width, height and yard requirements of the district
may be reduced or modified as a special residential development as
follows:
[1]
In R-1 Districts, the R-1A requirements shall
apply.
[2]
In R-1A Districts, the R-2 District requirements
shall apply.
[3]
In R-2 Districts, the R-3 District requirements
shall apply.
[4]
In R-3 Districts, there shall be a minimum lot
width of 50 feet at the building line, a lot coverage of not more
than 40%, front and rear yards not less than 25 feet in depth and
side yards not less than eight feet each in width.
(b)
Single-family semidetached and multiple-family
dwellings.
[1]
Unit width: Each dwelling unit shall be not
less than 20 feet in width.
[2]
Minimum floor area: Each dwelling unit shall
have a minimum of 1,200 square feet of habitable floor area, exclusive
of stairs and corridors.
[3]
Yards and building placement. Unless specifically
authorized by the Township in the approval of a plan to permit desired
flexibility in the placement of buildings:
[a]
No principal building shall be
located within 50 feet of any public street, any property line of
the overall tract for which the development application is submitted
or any other principal building, nor located within 20 feet of an
internal street.
[b]
No accessory building shall be
located within 20 feet of any public street or any other building,
nor within 50 feet of any property line of the overall tract for which
the development application is submitted.
[c]
No building shall be located within
10 feet of an external parking space or area, or any internal street.
[4]
Height:
[a]
Single-family semidetached dwellings: three stories maximum, exclusive of basements, not to exceed 35 feet, subject to the provisions of § 182-705B.
[b]
Multiple-family dwellings: four
stories maximum, exclusive of basements, not to exceed 65 feet. However,
a building may exceed 65 feet up to a total height of 75 feet where,
for each foot or portion thereof by which the building exceeds 65
feet in height, the depths of the front and rear yards and the width
of each side yard are increased by one foot.
(3)
Impervious coverage ratios. The total of all
impervious areas of the overall tract for which the development application
is submitted shall not exceed the percentage of underlying districts.
In the event the overall tract includes land which is located in other
than a R-1, R-1A, R-2 or R3 District, which land is shown as undeveloped,
the impervious coverage ratio shall be that of the underlying district
of the portion of the tract which is proposed to be developed.
D.
Special design and development regulations for single-family semidetached dwellings and multiple-family dwellings as part of a single tract development. Single-family semidetached and multiple-family dwellings that are part of a single tract development must meet the provisions of § 182-719A of this chapter.
E.
Density provisions.
(1)
In order to comply with the gross density requirement for the tract as stated in § 182-721C(1) of this section, sufficient area within the proposed development shall be set aside for common open space purposes and/or a certain percentage of oversized lots shall be included in the plan. No lot of such size as to be capable of further subdivision under the district regulations shall be included in determining the average lot area, unless the possibility of such further subdivision is eliminated by a deed restriction or agreement when acceptable to the Board of Commissioners. Street area shall be excluded in computing the gross density.
(2)
The Township may require the provision of common space in accordance with the standards set forth in § 182-716 of this zoning chapter. In R-1 Districts, the Township may grant an increase in density of no more than 20% as a bonus for the provision of common open space in excess of the amount which may be required under the provisions of § 182-716. Each additional 2% of a tract devoted to common open space will result in a one-percent increase in density over that otherwise allowed in an R-1 District. Such land, if requested, may be counted as developable land for the purpose of determining density. This bonus shall not be utilized in conjunction with any other density bonus provided for in this chapter.
F.
Off-street parking. Off-street parking regulations shall be as required by § 182-707 of this chapter.
G.
Off-street loading. Off-street loading regulations shall be as required by § 182-708 of this chapter.
I.
Open space provisions.
(1)
Land designated as common open space under the
provisions of this section shall conform with the characteristics
described below:
(a)
Common open space shall consist of a parcel
or parcels of land or an area of water or a combination of land or
water within a development site designed and intended for the use
or enjoyment of residents of the development or the public, not including
streets, off-street parking areas and areas set aside for public facilities.
(b)
Consideration shall be given to the arrangement
and location of common open space to take advantage of physical characteristics
of the site and to place common open space within easy access and
view of dwelling units while at the same time preserving and enhancing
natural features. Areas set aside for common open space shall contain
no building or structure other than a building or structure related
to any recreational area.
(c)
The common open space shall be contiguous to
the development and shall not be separated from the tract by existing
roads.
(2)
The open areas or spaces to be reserved for
open space may be retained by or conveyed to the Township if acceptable
to the Township, conveyed to a legally constituted homeowners' association
or retained and managed by private common ownership. Satisfactory
written arrangements acceptable to the Township in all cases shall
be made for the perpetual preservation and maintenance of all common
areas to be set aside and reserved for private use. If open areas
or spaces are not properly maintained, the Township may assume responsibility
of maintenance and charge the property owner or homeowners' association.
J.
General limitations. A special residential development
on a tract or tracts exceeding 50 acres shall be subject to the following
additional general and performance standards:
(1)
Steep slopes. Not more than 20% of the total
of all steep slopes of the overall tract for which the development
application is submitted may be disturbed in the development of an
SRD, including disturbance involving the construction or placement
of dwellings or dwelling units, roads, driveways, curb, sidewalk or
walking paths, grading or filling activities or the installation of
utilities.
(2)
Very steep slopes. Not more than 10% of the
total of all very steep slopes of the overall tract for which the
development application is submitted may be disturbed in the development
of an SRD, including disturbance involving the construction or placement
of dwellings or dwelling units, roads, driveways, curb, sidewalk or
walking paths, grading or filling activities or the installation of
utilities.
(3)
Woodlands. The developer of an SRD shall submit
a plot of the site woodlands. Not more than 5% of the total woodland
areas of the overall tract for which the development application is
submitted may be affected or disturbed by development without compensatory
planting. In the event that more than 5% of the total woodland areas
are to be affected, replacement plantings of two trees per lot or
dwelling unit shall be provided. At least one tree shall be considered
as a street tree, with a minimum caliper of three inches and located
10 feet from the street right-of-way line. The other tree shall have
a minimum caliper of three inches and shall be planted within the
internal area of each lot or parcel. The developer may submit an alternative
tree replacement proposal and the Board of Commissioners may approve
such alternative tree replacement proposal if it finds that such proposal
satisfies the purpose of the tree replacement provisions and would
better serve the residents of the development. In no case shall more
than 15% of the woodland area be affected.
(5)
Wetlands. The developer of an SRD shall submit
a wetland delineation plan prepared by a soil scientist who shall
consider recent National Wetlands Inventory Maps of the United States
Fish and Wildlife Service, areas delineated as wetlands by the United
States Army Corps of Engineers, areas encompassed by hydric soils,
as defined and mapped by the United States Department of Agriculture,
National Resources Conservation Service or by the United States Department
of Agriculture, National Resources Conservation Service. There shall
be a fifty-foot buffer from the edge of any wetland to the closest
dwelling unit and a minimum twenty-five-foot buffer from the edge
of earth disturbance, unless required as part of an approved stormwater
management plan.
(6)
Ownership. Individual structures may be leased
or sold as individual ownership, rental, cooperative or condominium
units.
(7)
Open space. Open space shall be held in common ownership or by the Township and shall be available to all Township residents, subject to the requirements of § 182-719A(1) of this chapter.
(8)
Off-street parking. Off-street parking shall
be provided in common parking lots conveniently located to all units,
or in combination with individual dwelling units.
K.
Public sewer and water. Each dwelling shall be served
by public sewer and water facilities.
L.
Application procedures.
(1)
The application for development of a tract under
the requirements of this section shall be filed by the owner or owners
of the entire tract, and it shall be agreed that the tract shall be
developed under single direction in the manner approved within a reasonable
time as established at the time of approval. The application shall
be accompanied by a sketch plan, which shall comply with the requirements
of the Township Subdivision and Land Development Ordinance[1] and other applicable ordinances, and shall in every case
be adequate to enable the Planning Commission and Board of Commissioners
to determine that such plan complies with the requirements of this
chapter.
(2)
Special residential developments may be permitted as a conditional use by the Board of Commissioners acting upon recommendation of the Planning Commission. The approval of the conditional use shall be based upon a review of all land use considerations, including external impacts upon the surrounding neighborhood, and may be approved if it is determined that the proposed development meets the specific intent specified in § 182-721A(1) and A(2) herein, is consistent with land use concepts inherent in the Township's Comprehensive Plan and if the resultant traffic, environmental impact and similar externalities will not unduly burden nearby facilities. In reviewing an application for conditional use, the Board of Commissioners shall apply the following design standards in addition to all other design standards applicable under this chapter:
(a)
That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; located not too near street corners or places of public
assembly; and comply with other similar safety considerations as determined
by the Township Engineer.
(b)
That the interior circulation system is adequate
to provide safe accessibility to all required off-street parking lots,
loading bays and building services and conforms to the standards contained
in this chapter.
(c)
That the site can be properly drained without
adversely affecting adjoining properties, and that all slopes are
adequately protected against erosion.
(d)
That all playgrounds, parking, service areas and other nonresidential uses are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Standards shall be those contained in § 182-718 of this chapter for uses in residential districts.
(e)
That all environmentally significant areas,
such as woodlands, streams, wetlands, steep slopes and the like, shall
be protected to the maximum extent possible.
(f)
That all plazas and other paved areas intended
for use by pedestrians shall use pavements and plant materials in
a fashion designed to prevent the creation of vast monotonous expanses
of unsightly pavement.
(g)
That all adjoining properties and streets shall
be protected against noise, glare, unsightliness and other objectionable
features.
[Added 5-9-1977 by Ord. No. 1665; amended 9-13-2010 by Ord. No.
2604; 4-8-2013 by Ord. No. 2681]
Special regulations shall be as follows:
A.
No drive-in restaurant shall be located within 200
feet of an abutting residential zoning district, a school, a place
of worship or another drive-in restaurant.
B.
Points of vehicular ingress and egress shall be limited
to streets having business-zoned frontage only.
C.
Driveways at the property line shall be not less than
24 nor more than 30 feet in width.
D.
No portion of a driveway shall be less than 10 feet
from the property line, 30 feet from the right-of-way or an intersecting
street nor within 65 feet of a portion of another driveway serving
the same parcel.
F.
Consumption of food, refreshment or beverage outside
the restaurant building but on the subject parcel of land shall be
prohibited, except at a permanent outdoor table, and located entirely
on the property occupied by the drive-in restaurant.
G.
Buildings shall be designed to be consistent and compatible
with the surrounding area to take advantage of natural features.
H.
Outdoor trash receptacles shall be provided in such
a location as to be accessible to customers and shall be emptied whenever
filled, but in no case less than once each day that the restaurant
is open for business. Trash receptacles for drive-in restaurants shall
be designed so that they are accessible to a motorist without his
leaving his vehicle.
[Added 10-14-1975 by Ord. No. 1616]
The following regulations shall apply to all
storage facilities for flammable and combustible liquids, other than
heating oil, in every zoning district in the Township:
A.
Storage facilities other than those associated with
permitted gasoline service stations in a C-4 District.
(1)
No such facility shall be permitted in any residential
zoning district.
(2)
In any zoning district, other than residential,
a storage facility for a flammable liquid other than heating oil,
whether aboveground or in the ground, shall be permitted only as a
special exception. Said special exception shall be granted only if
the following conditions are met:
(a)
The applicant shall demonstrate that said storage
facility is necessary to the conduct of a permitted use in the district
for which it is intended.
(b)
The applicant shall demonstrate that the granting
of said special exception for this purpose shall not create an undue
danger to public health, safety or well-being.
(d)
Approval shall be secured from the office of
the Pennsylvania State Fire Marshal.
B.
Gasoline storage tanks for permitted gasoline service
stations in a C-4 District. An in-ground gasoline storage tank may
be installed as a matter of right, provided that a permit shall be
obtained from the Pennsylvania State Fire Marshal's Office and from
the Township Director of Code Enforcement, and provided further that
all Township ordinances shall be complied with, including the Fire
and Building Codes.
[Amended 6-30-1986 by Ord. No. 1960]
[Added 9-12-1983 by Ord. No. 1877]
A.
Statement of special intent. Mobile homes and mobile
home land developments are recognized as legitimate single-family
detached residential land uses which offer the potential for low to
moderate cost housing opportunity. This section seeks to provide for
these uses while protecting surrounding neighborhoods from incompatible
land uses that may result from poor design, inappropriate exterior
appearance, overcrowding and unsafe conditions. It is believed that
the provision of economical housing in a form that is compatible with
other nearby housing types is in the best interest of the mobile home
resident, the residents of nearby conventional housing units and the
Township as a whole.
B.
Conditional uses. The placement of individual mobile
homes on mobile home lots or in a mobile home land development shall
be allowed only in those zoning districts where they are specifically
authorized as a conditional use by the Board of Commissioners and
in no other districts. The following procedures shall apply to all
applications for this conditional use:
(1)
The applicant shall file a written application
with the appropriate Township official together with such fees as
shall be established by ordinance for conditional or special exception
use hearings. The application shall be accompanied by a sketch development
plan and shall contain sufficient information to enable the Township
to evaluate such factors as:
(a)
Density.
(b)
Traffic impact and safe means of ingress and
egress.
(c)
Impact on the environment.
(d)
Compatibility of the design of the development
and the mobile homes to be located therein with the surrounding neighborhood
as provided for herein.
(f)
Such other information as shall be reasonably
requested of the applicant by the Township.
(2)
The application shall be referred to the Haverford
Township and to the Delaware County Planning Commissions, each of
which shall make a recommendation to the Board of Commissioners as
to the suitability of the proposed use with respect to the land upon
which it is proposed, the surrounding neighborhood and the Township's
Comprehensive Plan.
(3)
The Board of Commissioners shall conduct a hearing,
pursuant to public notice, to provide the applicant an opportunity
to explain his proposal, to receive testimony from all interested
parties and from the general public, to consider the recommendations
of the Township and County Planning Commissions, and to allow the
Board of Commissioners to obtain such additional evidence as it shall
deem necessary. Said hearing shall commence within 45 days of the
date the filling of an application and payment of appropriate fees
for consideration of the conditional use.
(4)
The Board of Commissioners shall consider such factors as safety, environmental impact, suitability of the proposed use to the surrounding neighborhood, compliance with the requirements of this chapter, overall design and the standards contained in § 182-1004A(2); provided, however, that all references to the Zoning Hearing Board shall be interpreted to apply to the Board of Commissioners and all references to special exceptions shall be interpreted to apply to conditional uses.
(5)
The Board of Commissioners shall render a decision
on the application within 30 days from the conclusion of the hearing.
Said decision shall be provided to the applicant in writing in a timely
fashion.
(6)
No application for subdivision or land development
approval shall be permitted to be filed until the application for
a conditional use shall have been approved.
C.
Area and bulk regulations.
(1)
Individual mobile homes. An individual mobile
home may be placed upon any legally subdivided lot subject to the
following:
(a)
The use has been approved as a conditional use.
(c)
The mobile home placed upon the mobile home lot shall conform with the residential character guidelines provided for by Subsection D.
(d)
The use shall conform with all requirements
of the zoning district in which it is located, including standards
for minimum lot area and yard setbacks.
(e)
The placement of more than one mobile home on
land which is now or has within the past 10 years been part of one
or more contiguous tracts of land shall be deemed to be a mobile home
land development and shall be subject to the standards prescribed
therefor.
(2)
Mobile home land developments.
(a)
Tract Standards:
[1]
Minimum tract size: 10 contiguous acres. The
tract may be divided by streams and other natural features but it
shall not be divided by any public streets, railroad tracks or similar
man-made barriers.
[2]
Minimum street frontage: 200 feet.
[3]
Required buffer planting strip: 50 feet wide along the tract boundary except where it is interrupted by accessways. This area shall be undeveloped and planted as prescribed in the definition of "buffer planting strip" in § 182-101B.
[4]
Maximum density: six mobile homes per net acre.
(b)
Standards for mobile home lots:
[1]
Minimum mobile lot area: As prescribed for the
zoning district in which it is located.
[2]
Minimum lot width at the building line: 50 feet.
[3]
Maximum building coverage: 30%.
[4]
Yard setbacks: As prescribed for the zoning
district in which it is located.
[5]
Minimum distance between buildings: 25 feet.
[6]
Maximum height: As prescribed for the zoning
district in which it is located.
[7]
Minimum distance between center lines of internal
streets: 200 feet.
D.
Acceptability standards for mobile homes. All mobile
homes assembled or installed on a mobile home lot, whether on individual
lots or in a mobile home land development, must meet the following
standards:
(1)
The mobile home must conform to the Manufactured
Housing Construction and Safety Standards Code, as amended, of the
United States Department of Housing and Urban Development, originally
effective June 15,1976.
(2)
The exterior appearance of the mobile home shall
be of similar design to conventional dwellings which are constructed
on the site. The following criteria shall determine if the exterior
appearance of the mobile home conforms with this requirement.
(a)
The minimum width of the main body of the mobile
home as assembled on the side shall not be less than 20 feet, as measured
across the narrowest part.
(b)
The pitch of the main roof shall be not less
than one foot of rise for each four feet of horizontal run. The minimum
distance from eaves to ridge shall be 10 feet.
(c)
Any materials that are generally acceptable
for housing built on the site may be used for the exterior finish
of a mobile home, provided that it is applied in such a manner as
to be similar in appearance and provided further that the reflection
from such exterior finish shall not be greater than that from siding
coated with a clean, white, gloss, exterior enamel.
(d)
All mobile homes shall be placed upon a permanent
foundation. The foundation shall be of a material and appearance similar
to that commonly used for residences constructed on site. Said foundation
shall be of sufficient size and opaqueness that it shall serve to
completely screen the undercarriage of the mobile home.
(e)
No mobile home shall have fenestration or other
features, nor use colors or color combinations, that would be incompatible
in a general residential neighborhood of site-built housing.
E.
Special development regulations applicable to mobile
home developments.
(1)
The varied orientation of mobile homes on mobile
home lots is encouraged, provided that the required setback limitations
are observed. Homes angled or parallel to the street are preferable
and no two contiguous lots shall contain mobile homes placed perpendicular
to the street.
(2)
Every mobile home lot shall be improved with
a concrete pad and with utility connections before any certificates
of occupancy are issued for mobile homes in the mobile home development;
provided, however, that mobile home developments may be developed
in sections of not less than 50 mobile home lots each, in which case
this requirement shall be applicable only to the lots in any given
section.
(a)
Each mobile home lot shall be provided with
a minimum of six ground anchors.
[1]
Each ground anchor shall be capable of resisting
an allowable working load of 3,150 pounds applied in the direction
of its corresponding tiedown. Deflection under this load shall not
be more than twenty-five hundredths (0.25) inches measured subsequent
to normal tiedown procedures. The ground anchor shall be capable of
withstanding a fifty-percent overload without failure.
[2]
Tensioning devices, such as turnbuckles or yoke-type
fasteners shall be ended with clevis, forged or welded eyes.
[3]
Steel strapping, cable, chain or other material
approved by the Department of Housing and Urban Development Code may
be used to tie the mobile home to the ground anchor. All ties shall
be drawn tight with turnbuckles or similar adjustable tensioning devices.
(b)
The utility connections shall include electricity,
natural gas (when available), public water and sanitary sewage. Connections
shall be underground and of a form acceptable to the Township and
the utility generally responsible for the provision of service in
the area of the proposed site.
(3)
Every mobile home shall contain a minimum of
600 square feet of habitable floor area, as defined by this chapter.
(4)
An area equal to 10% of the gross site area
or 400 square feet per dwelling unit, whichever is greater, shall
be set aside for common open space and not more than 25% of this area
shall include floodplain or areas with slopes exceeding 15%. This
land shall be used for the active and passive recreational needs of
the residents of the mobile home development, provided that the requirement
may be waived if the minimum area required for each mobile home lot
is increased by 10%.
(5)
All exterior areas not devoted to structures,
patios, streets, sidewalks, parking spaces, and similar types of coverage
shall be landscaped with grass, shrubs, trees or similar vegetative
ground cover. Each mobile home lot shall be provided with at least
one shade tree of a species acceptable to the Shade Tree Commission,
and said shade tree shall have a minimum caliper of three inches at
the time of planting.
(6)
Each mobile home shall be provided with a minimum of two off-street parking spaces as provided for by § 182-707. Additional off-street parking space shall be required for community rooms, common laundry facilities, and similar service, maintenance or administrative offices of the mobile home development.
(7)
Internal private streets shall have a minimum
width of 24 feet and a minimum paved radius for culs-de-sac of 45
feet. All streets shall be paved with concrete or macadam of sufficient
bearing strength and design to accommodate mobile homes and the trucks
necessary to deliver them. No more than 25 dwellings shall be served
by a single point of access to a public street without providing for
an emergency accessway.
(8)
Sidewalks shall be provided along both sides
of interior streets and along perimeter streets.
(9)
There shall be no outside storage of any kind
permitted; provided, however, that trash and garbage may be stored
outside in an area screened from view from the street or from adjoining
lots.
(10)
Outdoor lighting facilities shall be arranged
to protect adjoining residences or streets from direct glare or hazardous
interference.
[Added 9-24-1984 by Ord. No. 1906]
A.
Requirements and standards. For a continuing-care
facility for the elderly allowed as a conditional use in the R-1 and
R-1A Residence Districts, the following requirements and standards,
in addition to all other applicable requirements and standards, shall
apply:
(1)
A minimum tract size of 25 acres shall be required.
(2)
The maximum gross density for continuing-care
facilities for the elderly shall not exceed six units per acre. The
permitted number of dwelling units shall be based upon the sum of
all residential units and personal-care beds. Skilled-nursing-care
beds shall not be counted toward the total number of permitted dwelling
units.
[Amended 1-9-1996 by Ord. No. 2237; 6-10-1996 by Ord. No.
2246]
(3)
No lot line of a continuing-care facility may
be closer than 2,640 feet to the lot line of another such facility.
(4)
A perimeter setback shall be provided as follows:
(a)
Principal buildings and accessory buildings
of two or more stories in height shall be set back not less than 150
feet from any perimeter line adjoining a residential zoning district
and not less than 50 feet from a perimeter line adjoining any other
zoning district.
(5)
The minimum distance between any two separate
buildings shall be 30 feet.
(6)
The maximum percentage of the site which may
be covered by buildings shall not be more than 20%.
(7)
The maximum percentage of the site which may
be covered by hard surface, including buildings, parking lot surfaces,
walkways and other impervious surfaces, shall not exceed 35%.
(8)
The height of any building shall not exceed
three stories or 35 feet. The foregoing height restrictions shall
not apply to conversions of existing buildings to continuing-care
facilities for the elderly.
(9)
A twenty-foot-wide buffer planting strip, as
defined herein, shall be provided along the entire perimeter of the
continuing-care facility except where a break is necessary to provide
vehicular or pedestrian access. The buffer planting strip shall be
designed in accordance with the standards provided in this chapter
to produce an effective visual screen. All plant materials shall be
guaranteed for two years, and any plant material which dies within
that time shall be replaced by the applicant at his or her cost.
B.
Uses permitted in a continuing-care facility for the
elderly.
(1)
Principal uses.
(a)
Residential living units of any type permitted
in the R-1 through R-8 Residential Districts and personal-care units.
(b)
Skilled nursing facilities; provided, however,
that admission into such skilled nursing facilities shall comply with
all restrictions stipulated in the certificate of need for such skilled
nursing facility issued by the Department of Health of the Commonwealth
of Pennsylvania.
[Amended 5-11-1992 by Ord. No. 2146]
(2)
Accessory uses when provided for the exclusive
use of residents.
C.
Parking standards shall be as required by § 182-707 of this chapter, and shall be buffered by a minimum twenty-foot planted buffer strip from an adjoining property or street frontage.
[Amended 1-9-1996 by Ord. No. 2237]
D.
Standards for approval of conditional use. Applications for conditional use shall be forwarded within 15 days of filing to both the Haverford Township Planning Commission and to the Delaware County Planning Commission for their review and comments. Within 45 days of the date of filing, a hearing shall be commenced before the Board of Commissioners of the Township. Said hearing shall be conducted in accordance with the provisions of Article X: provided, however, that all references to the Zoning Hearing Board shall be construed to be references to the Board of Commissioners and all references to a special exception shall be construed to refer to an application for a conditional use. In determining whether or not to grant an application for a conditional use for a continuing-care facility for the elderly, the Board of Commissioners shall consider the following criteria:
(1)
The long-range aims and goals pertaining to
the physical and social development of the Township as provided in
the Comprehensive Plan.
(2)
The integration of the proposed land use with
the existing development and existing land use adjacent to the site.
(3)
The conditions and availability of adjacent
streets to efficiently and safely afford a movement of traffic to
be generated by the proposed development.
(4)
Additional public services made necessary by
the proposed development.
(5)
The amount, location and proposed use of the
permanent open space achieved by the development.
(6)
The preservation of trees, groves, waterways,
scenic points, historic spots and other community assets and landmarks.
(7)
Accessibility of the site to public transportation.
(8)
The proximity of commercial and institutional
facilities, including medical facilities for the use of residents.
(9)
No continuing-care for the elderly facility
shall be constructed within a site area containing slopes in excess
of 15%.
[Added 1-9-1996 by Ord. No. 2237]
(10)
The developer shall file with the Township Secretary
a covenant, to run with the land, endorsed by the Township Solicitor,
in which said owner shall covenant on behalf of himself, his heirs,
executors and assigns not to use the development for any other use
than housing for the elderly, handicapped and its ancillary facilities
for a period of not less than 25 years.
[Added 1-9-1996 by Ord. No. 2237]
E.
Safety features. It is necessary in the design and
development of a continuing-care facility, that the safety and physical
capabilities of the future residents be considered. The design features
of the continuing-care facility shall be such that potentially dangerous
situations are minimized and the independence and mobility of the
residents maximized. The following safety features shall be incorporated
into the design of the continuing-care facility as a condition of
approval:
[Added 1-9-1996 by Ord. No. 2237]
(1)
Handle type spigots and doorknobs.
(2)
Showers designed for wheelchairs, in place of
tubs, in at least 30% of all units.
(3)
Nonskid surfaces in tubs and showers.
(4)
All floors shall be nonskid.
(5)
Control of water temperature to avoid accidental
scalding.
(6)
Flush door entrances for easy wheelchair access.
(7)
Emergency signal systems in bathrooms and bedrooms
connected with either an adjacent apartment or central office.
(8)
Grab bars around all toilets and tubs; in addition,
all grab bars and towel racks shall be made of noncorrosive metal
and shall be able to withstand up to 250 pounds.
(9)
All cooking stoves shall be electric.
(10)
Stove burner controls shall be located in the
front.
(11)
Waterclosets shall be handicapped accessible
units.
(12)
Lighting fixtures shall be located on the walls
at convenient levels to avoid accidents that might otherwise occur
in the repair of ceiling fixtures.
(13)
Electrical outlets shall be located at levels
at least 24 inches above the floor.
(14)
There shall be ramps or elevators in addition
to stairs in all buildings exceeding one story in height.
(15)
All elevators shall have slow closing doors
with sensitive reopening mechanisms.
(16)
Hand rails shall be provided along all steps,
hallways, ramps and sloped walks, both indoors and outdoors.
F.
All rooms in the continuing-care for the elderly facility
shall be provided with sprinkler systems for fire protection and shall
contain and be served by wet-charged standpipes to the top floor.
[Added 1-9-1996 by Ord. No. 2237]
[Added 8-10-1987 by Ord. No. 1997]
A.
SATELLITE TELEVISION RECEIVE-ONLY ANTENNAS
USABLE SIGNAL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A dish-shaped antenna, together with all attachments and
parts, the purpose of which is to receive television transmissions
from other antennas or orbiting satellites or other extraterrestrial
sources.
A transmission and/or signal which, when viewed on a conventional
television set, is at least equal in picture quality to that received
from local commercial television stations or by way of cable television.
B.
Administrative standards. Whenever, in the course
of administration and enforcement of this section, it is necessary
or desirable to make any administrative decision, then, unless other
standards are provided in this section, the decision shall be made
so that the result will not be contrary to the spirit and purpose
of this section or injurious to the surrounding neighborhood.
C.
General regulations.
(1)
Permits.
(a)
Prior to the installation of any satellite television
receive-only antenna, a permit application shall be made with the
Haverford Township Department of Codes Enforcement.
(b)
For ground-mounted satellite television receive-only
antennas, all applications must be accompanied by specific mounting
designs. For roof-mounted satellite television receive-only antennas,
all applications must be accompanied by specific mounting and stress
analysis documentation.
(2)
Types of use and setbacks.
(3)
Location.
(a)
The receiving antennas are to be permitted in
the side and rear yards and on roofs. However, if a usable signal
can be received by a location in said side or rear yard, then roof
placement is prohibited.
(b)
In the event that a usable signal cannot be
obtained by locating the receiving antenna in the rear or side yard
of the property, such receiving antenna may be placed on the roof
of the dwelling structure.
(4)
(5)
Screening.
(a)
Screening shall be required whenever possible,
yet shall not be of a nature so as to obstruct the receiving line
of the antenna.
(b)
Except in a commercial, industrial or multifamily
residential zone, receiving antennas shall be located and designed
so as to reduce visual impact from surrounding properties at street
level and from public streets.
(6)
Number of satellite television receive-only
antennas per lot. There shall be a maximum allowable limit of one
satellite television receive-only antenna per lot, with the use limited
to that lot on which it is located.
[Added 12-13-1993 by Ord.
No. 2189; amended 1-9-1996 by Ord. No. 2237; 10-9-2007 by Ord. No. 2512; 11-14-2016 by Ord. No. 2786]
A.
Application and issuance of permit. Applications for a fence, wall
or retaining wall shall be completed on the form provided by the Township
of Haverford and include a diagram of the area to be fenced or enclosed.
No fence, wall or retaining wall may be erected until such work is
approved by the Zoning Officer, a permit issued and the required fees
paid to the Township of Haverford. At the discretion of the Zoning
Officer, a survey by a licensed professional land surveyor may be
required and form part of the application.
B.
Unlawful erection and maintenance of fences, walls or retaining walls.
Fences, walls or retaining walls may not extend into the street right-of-way
nor split any division or boundary lines. It shall be unlawful to
erect or maintain a fence, wall or retaining wall in the front yard
of any lot, tract or parcel of land in the Township of Haverford,
unless provided for in this chapter.
C.
Location and height of fences, walls and retaining walls.
(1)
Fences, walls, and retaining walls may be erected in the area
immediately to the rear of the building line. Retaining walls may
be located within a required front yard, provided they do not exceed
30 inches in height, and provided further that such retaining wall
shall be constructed of masonry, stone or cement. Unless provided
for elsewhere in this chapter, walls other than a retaining wall less
than 30 inches in height shall be prohibited within a front yard.
(2)
No fence or wall, except a wall constructed as a part of an
approved building or a retaining wall, shall exceed a height of six
feet.
(3)
Solid fences are permitted to be placed along the rear yard
property lines on all properties, and along the side yard property
lines of a property with a minimum width as measured at the building
line of 50 feet. For properties whose width is less than 50 feet at
the building line, fences placed along the side property lines may
not exceed six feet in height; provided, however, that the portion
of the fence between five feet in height and six feet in height shall
be at least 50% open.
(4)
Corner lots are permitted to be fenced along the secondary front
yard, as determined by the Zoning Officer. However, no solid fence
shall be permitted to be erected along a secondary front yard within
five feet from the street right-of-way or a public sidewalk, whichever
is greater, where the end of the proposed fence is located less than
20 feet from an existing driveway, intersecting street or alley.
(5)
Fence height. Fence height shall be measured vertically from
the surface of the ground at the proposed location of the fence to
the highest point of the fence, excluding posts. Wall height shall
be measured vertically between the top of the wall and the lower of
the finished ground level on either side of the wall.
D.
Miscellaneous regulations. The following additional provisions will
be observed in the construction of any fence, wall or retaining wall:
(1)
Temporary fences; exceptions. Nothing in this section shall
be deemed to interfere with the erection of temporary fences around
construction work, erected or maintained pursuant to the Building
Code[1] and other ordinances of the Township of Haverford. All
temporary fences must be removed immediately after the completion
of the project.
(2)
Fire hazard. The Zoning Officer shall not grant a permit for
the erection of any fence or wall which constitutes a fire hazard,
either of itself or in connection with the existing structures in
the vicinity, nor which will interfere with access by the Fire Department
to buildings in the vicinity or which will constitute a hazard to
street traffic or to pedestrians.
(3)
All fences erected in the Township of Haverford shall have the
finished side facing the adjacent property owners and/or the street
right-of-way.
(4)
No fence or wall at any time shall interfere with the sight
distance of motor vehicle traffic entering or leaving from adjoining
streets and driveways.
(5)
No barbed wire, metal spike or other dangerous fence shall be
hereafter erected or maintained.
(6)
No unfinished masonry units may be used in the construction
of any wall facing an adjacent property and/or street right-of-way.
[Added 6-9-1997 by Ord. No. 2271]
The following supplemental and general regulations
shall be observed in C-5, LIN and INS Districts, where the telecommunications
equipment is proposed to be installed.
A.
Any applicant proposing a new freestanding antenna
tower or pole structure must demonstrate that a good faith effort
has been made to obtain permission to mount the antenna on an existing
building or structure or collocate the antenna on an existing telecommunications
equipment tower or pole, within a one-thousand-foot radius of the
proposed site. Co-location shall not be required where:
(1)
The proposed equipment would exceed the structural
capacity of the existing building, structure or telecommunications
equipment tower or pole and reinforcement of the existing building,
structure, tower or pole cannot be accomplished at a reasonable cost.
(2)
The proposed equipment would cause radio frequency
(RF) interference with other existing or proposed equipment for that
building, structure or telecommunications equipment tower or pole
and the interference cannot be abated at a reasonable cost.
(3)
Addition of the proposed equipment would result
in nonionizing electromagnetic radiation (NIER) levels which exceed
any federal or state emission standards.
B.
New freestanding telecommunications equipment towers
or poles shall not exceed 150 feet in height from grade to the highest
point of the antenna and shall be set back from adjoining property
lines a minimum distance of 50% of the tower height. New freestanding
telecommunications equipment towers or poles shall otherwise comply
with the area and bulk regulations for this district.
C.
New freestanding telecommunications equipment shall
be enclosed by a six-foot high chain link fence with mesh openings
of not more than 1 1/2 inches to eliminate foot and hand holds.
Additionally, such facilities shall be surrounded by evergreen, shrubbery
or tree plantings not less than the height of the fence, with sufficient
density to screen out the facility.
D.
Applicants for new freestanding telecommunications
equipment towers or poles shall submit certification from a RF engineer
indicating that the proposed height of the antenna is the minimum
height necessary to function effectively.
E.
An antenna which is proposed to be mounted on an existing building, structure or telecommunications tower or pole shall be required to meet the standards provided in § 182-210B(3)(b) of this chapter.
F.
No sign or advertisement shall be mounted on any telecommunications
tower, pole or antenna and no such tower, pole or antenna may be illuminated,
except as may be required by the Federal Aviation Administration (FAA)
or the Federal Communications Commission (FCC).
G.
In January of each year, the operator shall provide
verification to the Township Zoning Officer that there have been no
changes in the operating characteristics of the telecommunications
equipment as approved at the time of the special exception application,
including:
H.
The applicant for any proposed antenna installation
shall demonstrate that the proposed facilities are constructed in
accordance with applicable industry standards, including the American
National Standards Institute (ANSI-C95.1, as amended), the Institute
of Electrical and Electronic Engineers (IEEE-C95.1, as amended), The
National Council on Radiation Protection and Measurements (NCRP) and
the International Radiation Protection Association (IPRA). In addition
to the cited standards, all towers and support structures shall be
fitted with anti-climbing devices.
[Added 8-11-1997 by Ord. No. 2277]
A.
Area and bulk regulations and standards for a personal
care assisted-living residence allowed as a conditional use in an
R-1A Residence District. The following area and bulk regulations and
standards shall apply:
(1)
Lot area: A minimum lot size of 3 1/2 acres shall be required subject to § 182-729D(4).
(2)
Building area: The maximum percentage of the
lot covered by buildings shall not exceed 20%.
(3)
Impervious coverage: The maximum percentage
of the lot covered by buildings, driveways, parking lot surfaces,
walkways and other impervious surfaces shall not exceed 50%.
(4)
Density: The maximum gross density shall not
exceed 25 personal care units per acre.
(5)
Height: The height of any building shall not exceed three stories or 35 feet. In addition, § 182-705B shall apply.
(7)
Street frontage: 75 feet minimum.
(8)
Buffer planting: A twenty-foot buffer planting
strip adjacent to residential districts and five feet adjacent to
all other districts shall be provided along the entire perimeter of
the personal care assisted-living residence, except where a break
is necessary to provide vehicular or pedestrian access and except
where the Commissioners, with the recommendation of the Planning Commission,
determine that a buffer planting strip should not be required.
B.
D.
Standards for approval of conditional use. Applications for conditional use shall be forwarded within 15 days of filing to both the Haverford Township Planning Commission and to the Delaware County Planning Commission for their review and comments. Within 45 days of the date of filing, a hearing shall be commenced before the Board of Commissioners of the Township. Said hearing shall be conducted in accordance with the provisions of Article X; provided, however, that all references to the Zoning Hearing Board shall be construed to be references to the Board of Commissioners and all references to a special exception shall be construed to refer to an application for a conditional use. In determining whether or not to grant an application for a personal care assisted-living residence for the elderly, the Board of Commissioners shall consider the following criteria in addition to the general standards set forth in § 182-1205:
(1)
The integration of the proposed land use with
the existing development and existing land use adjacent to the site.
(2)
The conditions and availability of adjacent
streets to efficiently and safely afford a movement of traffic to
be generated by the proposed development.
(3)
Additional public services made necessary by
the proposed development.
(4)
The amount, location and proposed use of the
green space achieved by the development. At least 50% of the site
area must be maintained as open space, which shall not include detention
basins, parking lots and accessory buildings. Open spaces shall include
outdoor sitting areas and pedestrian walks. To assure adequate green
spaces for use by residents, areas of steep slope, very steep slope,
wetlands and floodplain shall not be calculated as part of the minimum
lot size of 3 1/2 acres.
(5)
The preservation of existing trees within required
buffer areas.
(6)
Accessibility of the site to public transportation.
(7)
The proximity of commercial and institutional
facilities, including medical facilities for the use of residents.
(8)
The applicant shall file with the Township Secretary a covenant, to run with the land, endorsed by the Township Solicitor, in which said applicant shall covenant, on behalf of the applicant, his and/or its heirs, successors and assigns, not to use the property for any other use than a personal care assisted-living residence and accessory uses permitted under § 182-729B, for a period of not less than 25 years.
(9)
In determining the compatibility of the proposed
development with existing development and land uses, and to encourage
interaction between the community and personal care facility residents,
no personal care assisted-living residence shall be permitted which
does not meet the following criteria:
[Added 3-12-2012 by Ord. No. 2657]
Solar energy equipment authorized by this chapter shall be considered
accessory structures and the generation of energy or heat as an accessory
use to the principal use in any zoning district and shall be subject
to and comply with the following:
A.
Solar
energy equipment shall be located on the same lot as the principal
use.
B.
There
shall be no sale of power from solar energy off-site consumptive purposes,
except for energy purchased by a public utility in accordance with
law or other government regulations.
C.
Solar
energy equipment shall meet and be installed in accordance with all
applicable requirements of the Pennsylvania Uniform Construction Code.
D.
Solar
energy equipment may be ground mounted or roof mounted.
E.
Ground-mounted
solar energy equipment shall be subject to the requirements of an
accessory structure in the district in which it is located, and mechanical
equipment associated with the ground-mounted solar energy shall be
completely screened from adjoining properties.
F.
Solar
panels shall not be placed in a manner that creates a nuisance to
a neighboring property or roadway.
G.
Roof-mounted
solar energy equipment shall not extend more than eight feet above
the roof of a principal structure with a flat or mansard roof or three
feet above the roof of a principal structure with a gable, hip or
gambrel roof. Such equipment shall not extend more than six feet above
the surface of a flat or mansard roof of an accessory structure, and
up to a maximum height of 18 feet above grade. Such equipment shall
not overhang any portion of the roof. Roof-mounted solar energy equipment
mounted on an accessory structure with a gable, hip or gambrel roof
shall not be permitted to exceed the maximum height of an accessory
structure.
H.
No solar
energy equipment that is affixed to the front roof or facade of a
structure shall be visible from the street except for the solar panels
and associated covered conduits.
[Added 4-8-2013 by Ord. No. 2681; 7-11-2016 by Ord. No. 2787]
The following general and supplemental regulations shall be
observed in all districts providing for seasonal outdoor dining in
conjunction with a licensed, permitted restaurant.
A.
Outdoor dining areas that are entirely located upon the private property
of the restaurant shall be subject to the following regulations:
(1)
No outdoor food preparation or storage, busing station or open
outdoor trash receptacle shall be permitted.
(2)
The dining area shall not obstruct the use of any egress door
or aisle, access lane or standpipe.
(3)
Outdoor dining is permitted between the hours of 7:00 a.m. and
11:00 p.m., except where the restaurant adjoins a residential use,
in which case outdoor dining is permitted between the hours of 7:00
a.m. and 9:00 p.m.
(4)
Outdoor sound amplification systems are prohibited.
(5)
Tables or other dining surfaces must be smooth and washable.
(6)
Furnishings for outdoor dining shall be designed for outdoor
use, maintained in good repair and in a clean and safe condition at
all times. The use of unweighted furnishings is prohibited. Upholstered
furniture is not permitted to be used in an outdoor dining area.
(7)
The outdoor dining area shall be subject to all Health Code
provisions of the Township of Haverford.
(8)
Alcoholic beverage service, properly licensed by the Commonwealth
of Pennsylvania, is permitted only in conjunction with the service
of food.
(9)
No service of food or beverages is permitted to unseated patrons.
(10)
Portable heating devices with an open flame are prohibited.
(11)
The outdoor dining area shall be set back a minimum of 50 feet
from any R-1, R-1A, R-2, R-3, R-4, R-5 or R-6 Zoning District.
(12)
Outdoor dining is permitted from April 1 to October 31 only.
B.
Outdoor dining areas may extend into street rights-of-way subject to the provisions of § 182-731A and the following additional regulations:
(1)
Outdoor dining areas shall provide not less than five contiguous
feet of sidewalk clear of obstructions to allow unimpeded pedestrian
traffic. Dining areas shall be arranged to permit a smooth alignment
of the pedestrian sidewalk across several properties and shall not
cause abrupt turns or angles. At street corner intersections there
shall be a minimum of eight feet of unobstructed sidewalk between
the area measured from the outside edge of handicapped ramps on each
street frontage. Obstructions shall include, but not be limited to,
light poles, traffic signal poles, fire hydrants, trees, utility structures
and street signs. Further, the location of outdoor dining cannot obstruct
the clear sight distance for vehicles or access or crossings for the
disabled, nor be located with three feet from the face of the curb
or traffic lane. Any unobstructed portion of the three-foot setback
from the face of the curb may be counted toward the five-foot sidewalk
area required herein.
(2)
A highway occupancy permit is required. Forms for occupancy
are available in the Department of Public Works. Prior to placing
any furnishings, enclosures or other items associated with the use
upon any public sidewalk, the Township will inspect the condition
of the sidewalk to assure that the surface is level and free of defects
or tripping hazards.
(3)
All furnishings, planters, railings or enclosures associated
with outdoor dining must be approved by the Director of Public Works
and must be properly weighted to prevent movement.
(4)
Furniture, planters, railings and fences must be removed from
the sidewalk and stored indoors when outdoor dining is not in seasonal
operation.
(5)
Awnings shall be adequately secured and retractable. Umbrellas
over tables must be adequately weighted.
(6)
No carpet, rug, artificial turf, platforms or other change in
elevation from the surface of the concrete sidewalk, of any kind,
shall be permitted.
(7)
The operator of an outdoor dining area and his or her employees
shall not be permitted to remove, destroy, deface or otherwise alter
any sign, notice, curb, storm inlet, or other public device or improvement.
(8)
Within the outdoor dining area, one hostess stand and/or menu
board sign may be displayed. The menu board shall not exceed six square
feet, may not encroach into the street right-of-way and shall be mounted
on an easel or other easily removable fixture. When the outdoor dining
is not in operation, such hostess stand and/or menu board shall be
stored indoors.
(9)
Except emergency repairs or other emergency activities, the
operator of such outdoor dining area shall be required to cease that
operation within two days of notice given by the Township to perform
public works.
(10)
The licensee of the outdoor dining is responsible for keeping
the premises clean at all times, including the public sidewalk and
other furnishings of the outdoor dining. At no time may trash or debris
of any kind be blown, swept or otherwise deposited into the street.
The presetting of tables with utensils, glasses, napkins, condiments
and the like is prohibited.
(11)
All food and beverages served in a street right-of-way outdoor
dining area shall be served in nondisposable containers.
[Added 6-10-2013 by Ord. No. 2690]
A farmers' market, as defined in § 182-106 of this chapter, shall be permitted by conditional use approval authorized by the Board of Commissioners, subject to the following conditions and the applicable sections of Article XII of this chapter:
B.
A farmers' market shall be incidental to a permitted principal
use within a nonresidential zoning district.
C.
A farmers' market may not be permitted to operate for more than
one day in any seven-day period. An applicant may submit a single
zoning permit application in order to utilize a property as a farmers'
market for multiple, disparate dates within a single calendar year.
D.
Each vendor space in a farmers' market must be at least 10 feet
in width.
E.
Parking. Two parking spaces shall be required for each 10 feet in
width of vendor space. In the event that a farmers' market is
located on a property that has a principal use with days or hours
of operation that do not overlap with the days or hours of operation
of a farmers' market, any parking spaces serving the principal
use may be counted toward the required number of parking spaces for
a farmers' market. In the event that a farmers' market is
located on a property that has a principal use with hours of operation
that overlap with the hours of operation of a farmers' market,
shared parking may be permitted only if the applicant can demonstrate
that the parking provided will be sufficient for each use.
F.
No vendor stall shall be situated such that it interferes with any
clear sight triangle.
G.
In the event that a farmers' market will include more than 10
vendors, the applicant must provide event security and adequate traffic
controls.
H.
If conditional use approval is granted, a farmers' market shall
obtain a permit from the Township Zoning Officer. The application
form shall be provided by the Township and shall be fully completed
by the applicant. In the event that the applicant is not the legal
or equitable owner of the property on which a farmers' market
is proposed, the applicant must submit written approval for such use
on the property from the legal owner of the property.
[Added 11-12-2013 by Ord. No. 2702]
Portable storage units (PSUs) as permitted in certain districts
shall be subject to the following regulations:
A.
Permit requirement. A permit shall be required before placing a PSU
on a property within Haverford Township. The permit application, provided
by the Township Code Enforcement Office, shall be completed and filed
together with a plan showing the placement of the PSU, the permit
fee as fixed by resolution of the Board of Commissioners and as may
be amended from time to time and any additional information requested
by the Director of Code Enforcement to determine compliance with this
chapter.
B.
An insurance certificate providing liability insurance in the amount
of $100,000 provided by the company supplying the PSU must accompany
the application.
C.
Duration.
(1)
Permits will be granted for a maximum of 30 days except as provided in Subsection C(5) herein for construction-related use.
(2)
At the expiration of the thirty-day period, applicants may seek
to extend their permits for an additional 15 days by seeking an extension
for cause from the Code Enforcement Officer.
(3)
Extension of a permit will require payment of an additional
fee for each additional permit term as provided by resolution of the
Board of Commissioners and as may be amended from time to time.
(4)
In the event that a residence does not have a paved off-street surface sufficient for placement of a PSU, the Code Enforcement Officer, for good cause shown, may permit the installation of a PSU on another location on the property. If no suitable location exists on site, the Code Enforcement Officer may permit the installation of a PSU on an adjacent street with the approval of the Director of Public Works. In the event the PSU is located on an adjacent street, then the PSU shall be subject to the further regulations of § 157-22 of these General Laws.
(5)
The Code Enforcement Officer may grant a permit for the placement
of a PSU for a period not exceeding six months where the Township
has approved a building permit for the renovation or reconstruction
of a residence. When a certificate of occupancy has been issued before
the said six months PSU permit period has elapsed, the PSU permit
shall be terminated and the PSU removed from the site or adjacent
street.
(6)
For good cause shown and demonstrated, the Township Board of
Commissioners may extend the permit for a period greater than six
months.
D.
Contents.
(1)
The use of the PSU cannot be for the storage of any commercial
or business-related items.
(2)
The use of the PSU must be for temporary relocation of items
from or for the premises indicated on the permit only.
(3)
No items from any location(s) other than the premises indicated
on the permit (the premises on which the PSU is located) can be stored
in the PSU.
(4)
Hazardous materials, including flammable and biohazard substances,
shall not be stored in the containers.
E.
Location.
(2)
No PSU shall be placed on a side yard of a corner property which
fronts on a street.
(3)
All PSUs must be placed on paved off-street surfaces except as provided in Subsection C(4) herein.
(4)
PSUs shall not be located in any required open space, landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shutoff valves, and for fire protection. Such containers shall also be subject to the sight distance provisions of § 182-702 of this chapter.
F.
Number, size and condition.
(1)
Only one PSU may be placed on any residential property at one
time.
(2)
No PSU shall exceed a maximum size of eight feet by 16 feet
and shall not exceed eight feet in height.
(3)
All portable storage containers shall be in a condition free
from rust, peeling paint and other forms of deterioration. It shall
be the responsibility of the permit holder to maintain the storage
unit rodent, vermin and insect free.
G.
Advertising. The PSU must not contain any excessive advertising beyond
the name and phone number of the company which placed the container
on the property.
