Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 321, passed 12-10-1998; Ord. No. 362, passed 9-12-2002]
The area, bulk, and dimensional standards for each use permitted in the Township are as specified in Table B, Area, Bulk, and Dimensional Standards,[1] unless specifically stated for a particular use under Section 1256.04 or as specifically stated in Section 1280.04.
[1]
Editor's Note: Table B: Area, Bulk and Dimensional Standards, is included as an attachment to this chapter.
[Ord. No. 321, passed 12-10-1998]
A. 
Exception to minimum lot size. The provisions of this Chapter shall not prevent the construction of a detached dwelling on any lot that was lawful when created and which, prior to the effective date of this Ordinance, was in separate ownership duly recorded by plan or deed; and provided that:
1. 
Such lot is not less than 80% of the minimum lot area required for the applicable district;
2. 
Those lots not served by public water and sewers shall meet all requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the Upper Providence Township Sewer Authority.
3. 
The percentage of lot area covered by the detached dwelling shall not exceed 15% of the area of the lot;
4. 
The front and rear yards shall aggregate at least 60% of the total lot depth or meet the normal requirements of the District in which the lot is located.
5. 
The side yards shall aggregate at least 40% of the total lot width or meet the normal requirements of the District in which the lot is located.
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 Ordinance. These lots shall be consolidated to minimize the non-conformity.
Nor shall this exception apply to any resubdivision involving the transfer of a nonconforming parcel. In such case, the deed of the "receiving" lot shall be rewritten to incorporate the nonconforming parcel.
B. 
Exception to minimum lot width (flag lots). Flag lots, as defined under Section 201, are exempt from minimum lot width requirements under the following conditions:
1. 
The area of the lane shall not be included in the calculation of the minimum lot area.
2. 
The lane shall have a minimum width of 35 feet as measured at the street right-of-way line and shall not narrow to a lesser dimension.
3. 
No more than two contiguous flag lots shall be created within 200 feet of the turn-around of a cul-de-sac street.
4. 
There shall be no more than one flag lot for each 500 feet of road frontage in a development.
5. 
In the case of a flag lot, the building setback line shall be measured from and parallel to a line indicating where lot width first coincides with the required minimum lot width.
6. 
The length of the lane shall be limited to a maximum length of 1,000 feet. The length of the lane shall be measured from the street right-of-way line to a point where the lot meets the minimum lot width requirement.
7. 
Driveways within the lane shall be at least five feet from the property line.
C. 
Exception to maximum building height. The following structures are exempt from height requirements provided they are not used for human occupancy and are setback 1.25 times their height (from ground level to the top of the structure) from other buildings or a property line: steeples of places of worship, belfries, farm silos, water towers, smokestacks, solar panels, windmills, flagpoles, amateur radio antenna, satellite dish antenna, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
D. 
Exception to minimum front yard setback. A proposed building may be constructed nearer to the street than the required minimum front yard depth under the following conditions:
1. 
There shall be existing buildings on the lots on either side of the lot which would contain the proposed building.
2. 
The proposed building would front on the same side of the same street in the same block as the existing buildings on lots on either side.
3. 
The existing buildings on the lots on either side would be no greater than 50 feet from the proposed building.
4. 
The proposed building may be constructed at a front yard depth that is not less than the average of the front yard setbacks of the existing buildings on the lots on either side of the proposed building.
E. 
Permitted projections into yards. The following buildings and structures are permitted within a yard area, only under the conditions specified:
1. 
Cornices, eaves, gutters, chimneys, and other similar features projecting not more than two feet into a required yard;
2. 
Ground-story bay windows projecting not more than five feet into a required yard and not closer than five feet to any lot line;
3. 
Open balconies or decks projecting not more than five feet into a required yard and not closer than five feet to any side or rear lot line, provided that no support pillars or walls are located within the required yard;
4. 
Terraces, patios, steps, handicapped ramps, uncovered-unenclosed porches, and other similar features less than two feet above the level of the floor of the ground story and not closer than five feet to any side or rear lot line;
5. 
Fences, hedges or walls less than six feet high above the natural grade, subject to the requirements of Uses I3.c and/or I4.a;
6. 
Fire escapes, in side or rear yards only;
7. 
Signs, in conformance with Chapter 1276, Signs;
8. 
Other accessory structures permitted under Chapter 1256 (Use I3 "Residential Accessory Structure" and Use 14 "Nonresidential Accessory Structure"), subject to the requirements of that Chapter.
F. 
B-2 cluster provision allowances. The following are exceptions to the area, bulk and dimensional standards that apply to B-2 residential cluster developments:
[Added 12-10-2015 by Ord. No. 491]
1. 
Maximum impervious surface limitations. Additional impervious surface area beyond the applicable maximum impervious surface set forth in Table B[1] shall be permitted to allow for outdoor patio use, provided that:
a. 
The additional impervious surface area is limited to the lesser of 5% beyond the maximum impervious surface or 500 square feet, established through a plan submitted for review by the Township Engineer;
b. 
The applicant must obtain approval from the homeowners' association, or, if no homeowners' association is in existence, must submit written approval from all contiguous property owners;
c. 
The improvements are subject to inspection by the Township Engineer;
d. 
The applicant must submit an as-built plan for the property, including the improvements; and
e. 
The applicant must obtain all necessary stormwater management permits, together with the requisite operation and maintenance agreements.
[1]
Editor's Note: Table B is included as an attachment to this chapter.
2. 
Rear yard setback requirements. Decks and patios are permitted to encroach into the minimum rear yard setback for a distance of 10 feet, provided that:
a. 
The rear yard area being encroached must be contiguous to open space designated for the development;
b. 
The applicant must have the rear lot line surveyed, subject to the inspection of the Township Engineer;
c. 
The applicant must obtain approval from the homeowners' association, or, if no homeowners' association is in existence, must submit written approval from all contiguous property owners; and
d. 
The depth of the open space together with the depth of the rear yard (measured from the patio or deck) must meet or exceed the minimum rear yard requirement. (For example, if a deck or patio within a B-2 cluster development within the R-3 Zoning District encroaches 10 feet into the required rear yard setback, the open space must be a minimum of 25 feet in depth in order for the applicant to use this provision).