Borough of Penndel, PA Article V Dimensional and Supplemental Requirements

§ 405-19 Purpose.

The dimensional requirements for all zoning districts in the Borough of Penndel are summarized in the Table of Dimensional Requirements.[1] The purpose of the summary is as a reference in making comparisons between dimensional requirements in the various districts. Covered in this article are general dimensional requirements for special circumstances, applicable in all districts.

[1] Editor's Note: See the Table of Dimensional Requirements at the end of this chapter.

§ 405-20 District regulations in effect.

[Amended 11-5-2001 by Ord. No. 2001-4]

The regulations for each district pertaining to minimum site area, minimum lot area, minimum lot area per dwelling unit, minimum lot width, minimum front yard, minimum side yard, minimum year yard, maximum height, maximum building coverage and maximum impervious surface coverage shall be as specified in this article unless specifically stated for a particular use in the use regulations in Article IV. See the Table of Dimensional Requirements at the end of this chapter.

§ 405-21 Lot area and width regulations.

A. Lot area.

(1) Where a minimum lot area is specified, no principal building or use shall be created or established on any lot of lesser area, except as may be permitted in § 405-20.

(2) The lot area and yards required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area and yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

(3) Lot coverage shall not exceed the requirements specified in § 405-20 for the district involved.

B. Minimum lot width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width less than specified, except as may be permitted by § 405-21C.

C. Exceptions to minimum lot areas and lot widths.

(1) The provisions of § 405-20 shall not prevent the construction of a single-family dwelling, provided that the yard requirements are observed, on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed.

(2) This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter in any case where a reparceling or replatting could create one or more lots which would conform to the provisions of § 405-20.

§ 405-22 Traffic visibility regulations.

A. Traffic visibility across corners.

(1) In any district, no structure, fence or planting shall be maintained between a plane four feet above curb level and a plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a triangle bounded by the curb or curbline and a straight line drawn between points on each lot 10 feet from the intersection of said curbs or curblines or extension thereof.

(2) At each point where a private accessway intersects a public street or road, a clear sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the accessway shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.

B. Front and side yards of corner lots. On a corner lot, the yard facing each street shall equal the required front yard for lots facing that street.

C. Spacing of nonresidential buildings on the same lot. Where two or more main buildings for other than residential uses are proposed to be built upon property in one ownership and deed, front, side and rear yards are required only at lot lines abutting other property.

§ 405-23 Front yard regulations.

A. Front yard regulations. Where a minimum depth of front yard is specified in § 405-20, an open space of at least the specified depth shall be provided between the legal right-of-way, or the future right-of-way, wherever the latter exceeds the legal right-of-way, and the nearest point of any building or structure. Only landscaped areas, signs and necessary drives and walks shall be permitted in the required front yard.

B. Projections into front yards. Ground-story bays and porches not over 1/2 the length of the front wall may project into any front yard 3 1/2 feet. Chimneys, flues, columns, sills and ornamental features may project not more than 3 1/2 feet, and cornices and gutters not more than 3 1/2 feet, over a required front yard.

C. Fences and terraces in front yards. Subject to § 405-22B, the provisions of § 405-20 shall not apply to front fences, hedges or walls not over four feet high above the natural grade in the required front yard, nor to terraces, steps, uncovered porches or other similar features not over three feet high above the level of the floor of the ground story.

D. Exception to required front yard for certain accessory uses. Subject to §§ 405-22A and 405-40B(9), the front yard requirements of § 405-20 shall not apply to off-street parking facilities in R-1 and R-2 Districts.

E. Front yard reduction. Where there is an existing building on each of two lots adjacent on either side to a lot on which a proposed building is to be erected, where both such existing buildings have an alignment nearer to the street than the required front depth elsewhere specified in this chapter and when both such existing buildings are within 100 feet of the proposed building, the average of the existing front yard depths of such adjacent lots shall be the minimum required front yard depth of the lot on which the proposed building is to be erected.

F. Within the RC and SC Districts, a minimum of 75% of the facade of any building along a public street must be constructed at the maximum front yard distance.

[Added 2-7-2005 by Ord. No. 2005-1]

G. Encroachments. In Districts RC, SC, I and MB, pedestrian-oriented features of buildings such as one-story porches, entrance hoods, stoops, awnings, projecting signs, canopies, roof overhangs, and arcades may encroach over sidewalk with a clearance of eight feet and by a distance of five feet. In no case may such encroachments result in an obstruction of pedestrian movement. While cafe space and outdoor dining and retail are encouraged to add street life, a minimum of five-foot-wide pedestrian walkway must be maintained on the sidewalk.

[Added 2-7-2005 by Ord. No. 2005-1]

H. Within the RC, SC, MB and I Districts, no parking will be allowed between the building and the cartway.

[Added 2-7-2005 by Ord. No. 2005-1]

§ 405-24 Side yard regulations.

A. Side yard requirements. Where a minimum width of side yard is specified in § 405-20, no building or structure shall be erected within the specified distance from either side lot line, except as permitted in § 405-24B.

B. Projections into side yards. Bays, balconies, chimneys, flues and fire escapes may project into a required side yard not more than 1/3 of its width and not more than four feet in any case. Ground-story bays and porches not over 1/2 the length of the side wall may project into any side yard 3 1/2 feet.

C. Fences and terraces in side yards. Subject to § 405-22A, the provisions of § 405-20 shall not apply to fences, hedges or walls not over four feet high above the natural grade, or to terraces, steps, uncovered porches or other similar features not over three feet high above the floor of the ground story.

§ 405-25 Rear yard regulations.

A. Rear yard requirements. No building or structure shall be built within the minimum depth from the rear lot line specified in § 405-20, except as permitted in § 405-25B.

B. Accessory garage structures within required rear yards. Required rear yards may be occupied by an accessory garage for accessory garage use and other permitted accessory buildings, structures or use, provided that:

(1) Such accessory building, structure or use shall be situated not less than three feet from any party line or rear yard line, provided that the specified setback line is observed.

(2) Such accessory building, structure or use shall not exceed 15 feet in height measured from the garage floor to the highest point.

C. Rear yard requirements for triangular lots. In the case of a triangular lot with no rear lot line, the distance between any point on the building and the corner of the lot farthest from the lot line shall be a least twice the minimum depth for side yards specified in § 405-20.

§ 405-26 Height regulations.

A. Maximum height of buildings.

(1) No building shall exceed the maximum height of buildings specified in § 405-20, except as specified in § 405-26B.

(2) Height shall be measured from the mean elevation of the proposed finished grade along the front building line to the highest point of the roof for flat roofs, to the decklines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

B. Height exceptions of maximum regulations. Height limits specified in § 405-20 may be exceeded by one foot for each foot by which the width of the front, rear and side yards is increased beyond the minimum yard requirements, up to a maximum of 45.

§ 405-27 Building coverage and floor area.

A. Lot coverage.

(1) The lot coverage is the maximum percent of the total land area which may be covered by the ground floor area of any building or buildings.

(2) For any buildings or group of buildings on a lot, neither the building coverage nor the floor area requirements shall exceed the maximum percentiles specified in § 405-20.

(a) The floor area ratio is the maximum square foot amount of total floor area permitted for each square foot of land area.

(b) Where a maximum floor area ratio is specified in § 405-20, no development shall be permitted which exceeds the floor area permitted as specified.

§ 405-28 Recreation space and swimming pools.

A. Recreation space. Recreation space is defined as the part or parts of a lot designed and developed for use by the occupants of the lot for recreation, gardens or leisure activities. Such spaces shall be effectively separated from automobile traffic and parking and readily accessible by all for whom they are required. Recreational spaces shall be at least 20 feet away from any residential wall containing a window.

B. Swimming pools. The following standards shall govern the erection, construction, maintenance and use of in-ground and aboveground swimming pools, public or private, within any zone in the Borough, except aboveground plastic wading pools which are not capable of containing 12 inches or more of water in depth.

(1) The words, terms or phrases listed below, for the purposes of this chapter, shall be defined as follows:

ARTIFICIAL POOL

Any pool, regardless of design or construction materials and of the permanency of its location, built, erected or used for the purpose of swimming or wading.

PRIVATE SWIMMING POOL

Any pool used and maintained for swimming purposes by an individual for use by his household and guests and located on a lot as an accessory use to a residence. Artificial or partially artificial pools, both above and below ground level, having a maximum depth greater than 12 inches, shall be included.

PUBLIC SWIMMING POOLS

Any pool used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests.

WADING POOL

Any artificial or partially artificial pool not designed or used for swimming, installed above or below ground level, having a maximum depth greater than 12 inches.

(2) It shall be unlawful to construct or maintain a private swimming pool, wading pool or public swimming pool, as herein defined, without having obtained a permit therefor in the manner hereafter described, except no permit shall be required for out-of-the-ground swimming pools and/or wading pools whose swimming surface is less than 18 inches above the ground level of the surrounding area, and in addition thereto, no permit shall be required for out-of-the ground swimming and/or wading pools whose swimming and/or wading surface is from 18 inches to 36 inches above the level of the surrounding ground, and the owners of this last-mentioned category, while no permit is needed, must register the presence of these type swimming pools and/or wading pools with the Borough Building Inspector. No fee shall be required for said registration.

(3) Application for a permit for the construction of a swimming pool or wading pool shall be made to the Building Inspector. Each application shall be accompanied by a duplicate set of plans, specifications and plot plans of the property. The location of the pool on the property and with respect to adjoining property and road lines shall be shown, together with the location, height and type of fencing or walls or protective equipment and accessory buildings. No permit shall be issued until the plans and specifications and plot plans have been approved by the Building Inspector and approval has been certified on said plans.

(4) Each swimming pool or wading pool shall be subject to an annual inspection by the Building Inspector.

(5) The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owner of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool from overflowing into adjacent public or private property. Public swimming pools shall be constructed, equipped and maintained in strict conformity with the current provisions of the swimming pool and the public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Board of Health.

(6) Swimming pools and wading pools shall be protected in accordance with one of the following:

(a) All swimming pools constructed with the swimming surface approximately level with the surrounding area must have a permanent, non-solid-type protective fence erected and maintained in good condition in such a manner as to entirely enclose the area on which the swimming pool is located and to bar all reasonable and normal access to such pools, except through a substantial self-latching-type gate or gates.

(b) All pools constructed or maintained out of the ground, whose swimming or wading surface is from one to three feet above the surrounding ground, must be covered with a plastic or cloth cover which extends beyond all edges of the pools and is of sufficient strength to support a weight of 200 pounds at its center when secured in position.[1]

[1] Editor's Note: Original subsection (c), pertaining to pools with a surface situated 36 inches or more above the surrounding ground, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(c) Protective fences required for all in-the-ground swimming or wading pools and all swimming or wading pools whose swimming or wading surface is one foot or more above the surrounding ground must be at least four feet in height and not of solid construction, shall have apertures or openings not larger, in the case of a picket-type fence, than three inches and, in the case of a wire fence or planting of shrubs, not more than eight square inches. Ingress and egress to and from this enclosure shall be provided for by means of a gate or gates which shall be of a self-latching type and which shall at all times when not attended or in use be secured by a suitable lock.

(d) Purity tests. The waters of public swimming pools shall be tested for purity in accordance with the rules and regulations of the Bucks County Department of Health.

(e) Lifeguard protection. If persons other than the owner of a swimming pool and his family are admitted to the pool for a fee, adequate lifeguard protection must be provided.

(f) Recreational facilities. Picnic or general recreational facilities in conjunction with a swimming pool shall be considered an accessory use thereof but shall not be located closer than 50 feet to any lot line.

(g) Bathhouses and equipment. Bathhouses or clubhouses for the comfort and convenience of persons using a public swimming pool may be erected, provided that they shall not be closer than 50 feet to any lot line. The sale or rental of equipment or accommodations in any such bathhouse or clubhouse shall be limited to such items as are customarily incidental to swimming and general recreation.

(h) Overhead electrical conductors. No overhead electrical conductors shall be installed within 15 feet of any swimming pool. All metal fences, enclosures or railings near or adjacent to a swimming pool to which bathers have access and which may become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded.

(7) No artificial lighting shall be installed, maintained or operated in such a manner as to be a nuisance or annoyance to neighboring property.

(8) The owner and/or operator of every swimming pool or wading pool heretofore and hereafter constructed in the Borough of Penndel shall, at all times, comply with the provisions of this chapter and with the requirements of other pertinent Borough ordinances relating to construction, location and sanitation. Any nuisance or hazard to health shall be abated or removed forthwith by such owner and/or operator upon receipt of written notice from the Building Inspector or other duly authorized Borough authority.

§ 405-28.1 Fences.

[Added 3-5-2012 by Ord. No. 2012-1]

A. Fences in residential districts. Fences are permitted in all residential districts as long as the fence meets all of the following requirements:

(1) The following types of fences are permitted:

(a) Wooden stockade fence, with wood frame, provided that the framework must face the interior of the lot and the height measured from grade level does not exceed six feet.

(b) Wooden ranch or split-rail fence, provided that the distance between each horizontal piece of the fence shall not be less than 12 inches and the height measured from grade level does not exceed six feet.

(c) Chain-link or other types of wire fence supported by posts or frames of either pipe or wood, provided that the height of the chain-link or other types of wire fence shall not exceed four feet in height measured from grade level and the posts and frame must face the interior of the lot. The open ends of chain-link or other types of wire fences must be towards the ground. No basket-weave or other types of wire fences with inserts or coverings are permitted.

(d) Fences for swimming pools, spas and hot tubs subject to the requirements established in the Code of the Borough of Penndel.

(e) Temporary construction or safety fences for a duration of three months or less. Such fences may consist of chain-link, wood or other suitable materials commonly used in the industry and may be no higher than six feet measured from grade level.

(f) Fences for public or private playgrounds, playfields or similar facilities or public utilities, as long as the fence does not exceed 12 feet in height measured from grade level and the fence is constructed of chain link or such other material commonly used to enclose such facilities.

(2) Fences shall be located in the rear yard and in the area of the side yard from the front wall of the structure to the rear property line. Fences shall not be permitted in any area of the side yard or front yard from the front wall of the structure to the front property line.

(3) Fences must be constructed at least one foot from the property line to allow for maintenance.

(4) Fences shall not be located on easements.

(5) Fences may not be located in a position that impedes the flow of stormwater.

(6) Fences shall be uniform in material and color.

(a) Fences shall consist of materials commonly used in conventional residential fence construction, such as wood, metal or polyvinyl. Fences shall not be constructed of scrap materials, tires, canvas, cardboard, asphalt-style shingles, chicken wire, corrugated metal or sheet metal.

(b) Any fence constructed or erected shall be neutral in color and shall not be painted or constructed of brightly colored or multicolored materials.

(7) Fences shall be maintained in good condition, free of significant rust, peeling paint or other damage.

(a) All fences shall be kept plumb with no more than a two-inch deflection from vertical position.

(b) Fences shall be subject to all applicable requirements of the Penndel Borough Property Maintenance Code.

(8) Fences must comply with the traffic visibility regulations established in the Code of Ordinances of the Borough of Penndel.

B. Fences in nonresidential districts. Fences are permitted in all nonresidential districts as long as the fence meets all of the following requirements:

(1) All fences permitted in residential districts as long as the fence meets the requirements established in Subsection A above.

(2) Security fences not exceeding six feet in height measured from grade level are permitted. In the I-Industrial District, security fences may have an additional one foot of barbed wire installed above the top of the security fence as long as the security fence is six (6) feet in height measured from grade level.