This article contains regulations that are common to all zoning
districts, unless stated as pertaining to a specific district or use
herein. These regulations shall apply in addition to those established
by the individual zoning districts. In the event that the requirements
of this article conflict with other regulations within this chapter,
the more restrictive requirement shall apply.
All buildings, structures, lots, and yards shall, in addition
to the applicable district regulations, comply with the following
regulations, as applicable. See Figure 15-1.
A.
Buildings and structures.
(1)
No more than one single-family dwelling shall be permitted on any
lot.
(2)
Exception of more than one principal structure. Not more than one
principal structure shall be permitted on a lot except as permitted
within the C-1, C-2, C-3, C-4 and LI Zoning Districts where more than
one structure housing a permitted principal use may be erected on
a single lot, provided the applicable area and bulk requirements of
the applicable district are met for each structure.
(3)
Exception of more than one principal use. Except as permitted in
the C-1, C-2, C-3, C-4, and LI Zoning Districts, only one principal
use shall be permitted in a single structure.
(4)
One or more accessory structures may be located on a lot, subject to the district regulations and in accordance with Article XVIII, Supplemental Uses.
(5)
Building height. No building or structure in any zoning district
shall exceed the height limitations of the applicable district. The
height limitations of this chapter shall not apply to spires, belfries,
cupolas, and domes not intended for human occupancy; monuments, observation
towers, transmission towers, chimneys, smokestacks, flagpoles, radio
and television towers, and masts except as regulated otherwise by
this chapter.
(6)
Minimum habitable floor area. The minimum habitable floor area of
a dwelling unit shall be in accordance with the building code for
the Borough of West Grove (UCC) and other applicable requirements
of this chapter.
B.
Lots. See Figure 15-1.
(1)
Not more than one principal use shall be permitted on a lot, except
as permitted in the C-1, C-2, C-3, C-4 and Limited Industrial Zoning
Districts.
(2)
No lot shall be reduced in size so that the minimum lot area and/or
dimensional requirements of this chapter are no longer met.
(3)
Every principal structure shall be built upon a lot with frontage upon a public or private street improved to meet Borough regulations or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 350, Subdivision and Land Development.
(4)
Minimum lot width. No principal structure shall be erected on any
part of a lot which has a width less than the width required in the
applicable zoning district.
(5)
An existing lot that does not comply with the minimum lot area requirements
shall not be subdivided.
(6)
A lot that does not comply with the minimum dimensional requirements
shall not be subdivided to further increase the nonconformity or create
a new nonconforming condition.
(7)
Corner lots.
(a)
On corner lots, any yard abutting a street shall meet the minimum
required front yard for the applicable zoning district and shall be
subject to all front yard requirements of this chapter.
(b)
The minimum lot width requirements shall be applied to the street
frontage to which the front of the primary structure or structures
faces which shall be determined by the street for which the lot is
addressed by the Borough.
(c)
The yard opposite the front of the primary structure or structures established by § 400-68B(7)(b), above, shall be a rear yard and the remaining yard shall be a side yard.
(8)
Flag lots. Flag lots shall be permitted by conditional use in accordance
with the following regulations:
(a)
Flag lots shall contain a lot area equal to the minimum required
lot area of the zoning district in which the lot is located. The area
of the access strip (stem) shall not be included in the calculations
of the required minimum lot area.
(b)
Access strip (stem).
[1]
A flag lot shall be connected to an existing or proposed road
by an access strip (stem) which shall have a minimum width of 25 feet
measured from the existing street line of the road being accessed
for the full length of the access strip (stem) to the point where
the lot first obtains the required minimum lot width.
[2]
Such access strip (stem) shall be owned in fee as part of the
lot and not by way of a grant or right-of-way, easement, license,
or similar grant. As such, shared driveways for flag lots shall not
be permitted.
(c)
The front yard for a flag lot shall be measured from the point
where the lot first obtains the minimum required lot width for the
district in which the lot is located.
(9)
Reverse frontage lots (through lots).
(a)
Any yard abutting a street shall meet the minimum required front
yard for the applicable zoning district and shall be subject to all
front yard requirements of this chapter. Remaining yards shall be
side yards.
(b)
The minimum lot width requirements shall be applied to the street
frontage to which the front of the primary structure or structures
faces, which shall be determined by the street for which the lot is
addressed by the Borough.
C.
Yards. See Figure 15-2.
(1)
Where a minimum depth of a front, side, or rear yard setback is required
as specified by the area and bulk requirements in the zoning districts,
an open space a minimum of the specified depth shall be provided between
the street line(s) or lot line(s) and the nearest point of any building
or structure, except when permitted or otherwise specified elsewhere
in this chapter.
(2)
Side yards shall not be required for buildings or structures on adjacent
lots or on a lot where such structures are connected by party walls
where permitted by this chapter.
(3)
Space provided to satisfy the yard and area requirements for any
building or structure, either existing or proposed, shall not be used
to meet the yard and area requirements for any other building or structure.
(4)
Projection into yards. All required yards shall be unobstructed except
as follows:
(a)
No structure or any other item or property shall be placed so it that intrudes upon the required clear sight distance at a street intersection in accordance with § 400-70.
(b)
Uninhabited structures, including sheds not used for automobile
storage, arbor, open trellis, flagpole, lamppost, driveway, sidewalk,
patio, eves, or unroofed steps, shall be permitted within required
yards.
(c)
An awning or movable canopy may project into any yard not more
than 15 feet, but shall not be closer than 15 feet from the property
line.
(d)
An open fire escape, unroofed porch, or deck shall not project
more than six feet into any required yard and shall be a minimum of
five feet from any lot line.
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Figure 15-2: Yard and Setback Requirements
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A.
Fences and walls permitted. Fences and walls may be erected, altered
and maintained within required yards, provided that any such fence
or wall in the front yard shall not exceed four feet in height; and
any fence or wall in the side or rear yard shall not exceed six feet
in height.
B.
Height exemption. Retaining walls or walls constructed to hold back
or support an earthen berm shall be exempted from said height requirements
but shall apply to all other applicable codes and ordinances, including
but not limited to the UCC.
C.
No fence or wall shall be erected, installed, or constructed which:
(1)
Obstructs sight distance at street intersections in accordance with § 400-70, whether public or private, or at the point where any driveway intersects a public or private street.
(2)
Obstructs or impedes water flow in any perennial or intermittent
stream, drainage easement, or other drainage course.
(3)
Is located within a road right-of-way.
A.
At street intersections or at a point of entry on a public road,
nothing shall be erected, placed or allowed to grow in a manner which
obscures vision in accordance with this section. See Figure 15-3.
B.
A clear sight triangle shall be maintained within which structures
or vegetation shall be limited to a height of not more than 2 1/2
feet or less than 10 feet above the street grade measured from the
center line of the intersecting streets or driveways, exempting the
trunks of street trees or other ornamental trees whose foliage is
kept trimmed to a minimum height of 10 feet above the street grade.
C.
A clear sight triangle shall apply within the area bounded by the
center line intersecting streets or accessways and a line joining
points on these center lines 25 feet from their intersection.
D.
Sight distance requirements for all intersections shall be in accordance
with the Pennsylvania Code, Title 67, Transportation, Chapter 441,
"Access to and Occupancy of Highways by Driveways and Local Roads,"
latest revision. Plans shall indicate clear sight distances.
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Figure 15-3: Visibility at Intersections
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The intent of the regulations in this section is to minimize
the off-site impact of lighting while providing for lighting that
is sufficient for safe use of a property. The following regulations
shall apply in regard to outdoor lighting in the Borough:
A.
Purpose.
(1)
Provide for and control lighting in outdoor public places where public
health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of nonvehicular light
sources.
(3)
Protect neighbors and the night sky from nuisance glare and light
trespass from improperly selected or poorly placed, aimed, applied,
maintained or shielded light sources.
(4)
Promote energy efficient lighting design and operation.
B.
Applicability.
(1)
Outdoor lighting shall be required for the purpose of safety and
personal security in areas of public assembly and traverse, including
but not limited to:
(a)
Parking areas of multifamily, commercial, institutional and
industrial uses.
(b)
Loading facilities.
(c)
At the ingress and egress of parking areas.
(d)
At street intersections.
(e)
The Borough Council may require or permit lighting to be incorporated
for other uses where security and safety reasons warrant.
(2)
The requirements herein apply to all uses and situations mentioned
above, including but not limited to signs, security, landscaping,
and residential lighting.
C.
Plan submission.
(1)
Lighting plans shall be submitted to the Borough for review and approval
with all applications for building permits, a change in use, and subdivision
and land development plans. The required lighting plan shall include
the following information:
(a)
A site plan containing a layout of the proposed fixture locations
and type.
(b)
Catalogue cuts and photometrics for each light fixture, the
method of energizing each light fixture, a listing of the hours of
operation and a plan showing the photometrics for the entire site,
based upon the proposed placement of the light fixtures. A description
of glare-reduction devices, lamps, control devices, mounting heights,
pole foundation details, and mounting methods, as appropriate for
each fixture, should also be included.
(2)
Post-approval alterations to lighting plans shall be submitted to
the Borough for review and approval.
(3)
The Borough reserves the right to conduct a post-installation nighttime
inspection to verify compliance with the requirements of this chapter
and, if appropriate, to require remedial action at no expense to the
Borough.
D.
Illumination levels. Lighting, where required by this chapter, shall
have intensities and uniformity ratios in accordance with, but not
limited, to Figure 15-4.
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Figure 15-4: Illumination Levels
| ||
|---|---|---|
|
Use/Task
|
Illumination
(average)*
|
Uniformity Ratio**
(average per minute)
|
|
Pedestrian walkways
|
0.2 to 0.4 avg.
|
5:1
|
|
Local commercial streets: intersections of streets-parking areas
|
0.4 to 1.0 avg.
|
6:1
|
|
Local residential streets: intersection of streets-parking areas
|
0.4 to 0.6 avg.
|
4:1
|
|
Parking: multifamily
|
0.6 min. to 0.8 max.
|
4:1
|
|
Parking: commercial/industrial
|
0.6 min. to 1.2 max.
|
4:1
|
|
Illuminated signs
|
0.6 to 1.0 avg.
|
6:1
|
|
Recreational uses/parks
|
0.6 to 0.8 avg.
|
4:1
|
|
NOTES:
| |
|
*
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
|
**
|
Uniformity ratios dictate that average illumination values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio [e.g., for commercial parking, high
activity, the average footcandles shall not be in excess of 3.6 (0.9
x 4)].
|
|
avg.
|
Average.
|
|
min.
|
Minimum.
|
|
max.
|
Maximum.
|
E.
Design requirements.
(1)
Fixtures shall be of a type and design appropriate to the lighting
application and shall otherwise comply with the UCC.
(2)
Unless otherwise specified elsewhere within this chapter, for the
lighting of predominantly horizontal surfaces such as, but not limited
to, roadways, vehicular and pedestrian passage areas, merchandising
and storage areas, automotive fuel-dispensing facilities, loading
docks, active and passive recreational areas, building entrances,
sidewalks, paths, site entrances and parking areas, fixtures shall
be aimed straight down and shall meet IESNA "full-cutoff" criteria
(no light output emitted above 90° at any lateral angle around
the fixture and no more than 10% light output above 80°). See
Figure 15-5.
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Figure 15-5: Full-Cutoff Lighting
|
(3)
For the lighting of nonhorizontal (vertical) surfaces, including
but not limited to facades, landscaping, signs, billboards, fountains,
displays, flags and statuary, the use of floodlighting, spotlighting,
wall-mounted fixtures and other fixtures not meeting IESNA full-cutoff
criteria, the following requirements shall apply:
(a)
Lighting fixtures shall be installed and aimed so their output
is not projected into the windows of adjacent uses, past the object
being illuminated, skyward, or onto a public roadway.
(b)
When necessary to redirect offending light distribution, fixtures
shall be equipped with light-directing devices such as shields, visors,
or hoods as approved by the Borough Council, based upon acceptable
glare control and their consistency with the character of the surrounding
area.
F.
Control of glare.
(1)
Floodlighting and outdoor lighting in all districts, whether or not
required by this chapter.
(a)
Shall not be aimed, installed, or directed so as to project
into the windows of neighboring residential uses, and shall not be
directed skyward or onto a roadway.
(b)
Shall be diffused, directed, shielded, located, designed, and
maintained in such a manner as not to present any hazardous situations
for passing vehicular or pedestrian traffic or create a nuisance by
objectionable light projected beyond its lot line onto a neighboring
use or property.
(2)
All fixtures shall be equipped with light directing or shielding
of a type and design appropriate to the lighting application, for
the purpose of redirecting offending light or reducing direct or reflected
glare, and no glare shall be discernible beyond its lot line onto
adjacent properties.
(3)
The intensity of illumination projected onto a residential use from
another property shall not exceed 0.1 vertical footcandle, measured
line-of-sight at the property line.
(4)
Vegetation screens shall not serve as the primary means for controlling
glare. Rather, glare control shall be achieved through the use of
full-cutoff fixtures, shields and baffles, and appropriate application
of fixture mounting height, wattage, aiming angle and fixture placement.
(5)
Nighttime lighting.
(a)
All nonessential lighting, including display, aesthetic, parking,
and sign lighting, shall be required to be turned off or reduced by
75% within one hour of close of business or 11:00 p.m., whichever
is earlier, and dawn, leaving only the necessary lighting for site
security or continued advertising through lighted signs as approved
by the Borough.
(b)
Where all-night safety or security lighting is deemed necessary,
the lighting intensity levels shall generally not exceed 25% of the
levels permitted by this section, but in no case shall they be less
than the minimum levels for safety or security as invoked by IESNA.
(c)
The use of automatic switching devices, timers, motion detectors,
and photocells is encouraged for extinguishing lighting.
(6)
No outdoor lighting shall have blinking, flashing, or fluttering
lights or devices that cause changing intensity, brightness, or color,
except for seasonal decorative lighting.
(7)
Externally illuminated signs shall be lit by fixtures mounted at
the top of the sign or billboard and aimed downward. The fixtures
shall be designed, fitted and aimed to place the light output on and
not beyond the sign or billboard.
(8)
Except for public streetlights and traffic signals, freestanding
light fixtures shall not exceed 20 feet in height.
(9)
All lighting requirements and necessary equipment shall meet the
requirements of the appropriate utility.
(10)
All outdoor lighting fixtures and ancillary equipment shall
be maintained as to continuously meet the requirements of this chapter.
H.
Nuisance glare and inadequate illumination levels.
(1)
When the Borough judges an installation produces unacceptable levels
of nuisance glare, skyward light, excessive or insufficient illumination
levels or otherwise varies from this chapter, the Borough may cause
notification of the person(s) responsible for the lighting and require
appropriate remedial action.
(2)
If the infraction so warrants, the Borough may act to have the problem corrected as in § 400-71H(1) above at the expense of the owner violating the chapter.
A.
All outdoor storage shall be completely screened or hidden from view from any public right-of-way, a contiguous residential use, or property zoned for residential use. Screening shall consist of evergreen plants or an architectural screen in accordance with § 400-73.
B.
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage shall not be considered as regulated by the sign controls listed in Article XIX. Each designated storage area shall be enclosed by a barrier a minimum of four inches higher than the parking area surface, and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors, or otherwise secured during nonoperating hours.
C.
All organic refuse or garbage shall be stored in durable, verminproof
containers. In multifamily uses over four units, commercial, and industrial
uses, garbage storage shall be centralized to expedite collection
and screened from adjacent uses.
E.
Vehicles and vehicle parts.
(1)
No more than one unregistered, uninspected and unlicensed vehicle
of any kind shall be permitted per owner/per lot in the driveway for
the property.
(2)
No vehicle shall be stored on blocks or in a constant state of disrepair
for more than 60 continuous days unless covered by automobile cover,
which shall not consist of a tarp or other similar cover that is not
specifically designed or fitted to cover a vehicle.
F.
Storage of boats, trailers, or recreational vehicles (RVs, ATVs)
shall be permitted behind the building line.
G.
Outside storage or display shall not occupy any part of the street
right-of-way, area intended or designed for pedestrian use, required
parking area, or required front yard except as specifically permitted
herein.
H.
Outdoor display. In the C-1 Town Center Zoning District, merchandise
available for retail sale may be displayed in a neat and orderly fashion
outside of the building of the retail establishment that is selling
the merchandise, provided:
(1)
No merchandise shall be placed within four feet of the edge of cartway.
(2)
A four-foot-wide clear sidewalk path shall be maintained at all points.
(3)
No merchandise shall be displayed outdoors that is pornographic,
includes explicit depictions of violence, or is otherwise unsuitable
for viewing by children.
(4)
No merchandise shall be displayed outdoors in a manner that is intended
to or has the effect of interfering with pedestrian or vehicular traffic
or is distracting to motorists.
(5)
The outdoor display of merchandise shall not interfere with the sight
lines of traffic and shall not impair the visibility of any public
or private sign.
(6)
The merchandise shall not be placed within required parking spaces.
(7)
No merchandise shall be displayed outdoors in a manner that will
result in the merchandise falling into the street or sidewalk, blowing,
spilling, or otherwise becoming disorderly, hazardous or a nuisance.
(8)
No additional signage in excess of that approved for the property
shall be attached to or placed in conjunction with the merchandise
being displayed.
(9)
Any merchandise that is placed on the public sidewalk or right-of-way
in violation of this section or that otherwise constitutes a hazard
to the public may be removed by the Borough Zoning Officer or police
officer with or without notice to the owner.
(10)
All merchandise displayed outdoors shall be removed and placed
indoors at the close of business each day.
To minimize traffic congestion and hazard and encourage the
orderly development of street frontage, the following regulations
shall apply:
A.
All lots shall be direct access to a public or private street.
B.
Unless clearly impractical, no driveway shall be situated within
five feet of a side property line, except where shared or common driveways
are permitted.
C.
Lots abutting two or more streets. Unless clearly impractical or
inappropriate from a safety or traffic planning perspective, lots
which abut two or more streets shall have their primary access from
the street of lesser functional classification as defined by the Borough
Comprehensive Plan or other Borough document, code, or ordinance,
in accordance with traffic counts, or as determined by Borough Council.
D.
All accessways to any public street or highway shall be located a
minimum of 40 feet from the intersection of any street line, and shall
be designed in a manner conducive to safe ingress and egress.
E.
The developer shall be responsible for the construction of any necessary
traffic control devices, acceleration or deceleration lanes, or other
roadway modifications or features required by the Pennsylvania Department
of Transportation or the Borough Engineer for ingress or egress to
any public street.
Off-street parking and loading shall be required for all uses and shall be in accordance with Article XVII.
A.
Applicability.
(1)
All uses shall comply with the requirements of this section. The
regulations established in this section are designed to prevent dangerous
or objectionable hazards or conditions which would be adverse to the
health, safety and welfare of Borough residents.
(2)
In no instance shall any use or activity be permitted which by reason
of noise, dust, odor, appearance, smoke, glare or other objectionable
factor creates a nuisance, hazard, or other adverse effect upon the
value or reasonable enjoyment of the surrounding properties, in accordance
with this section.
(3)
Compliance shall be determined by the Zoning Officer with respect
to permitted uses, by the Zoning Hearing Board with respect to special
exceptions, and by the Borough Council in respect to conditional uses.
In order to determine whether a proposed use will conform to the requirements
of this chapter, the Borough may obtain a qualified consultant's
report, whose cost for services shall be borne by the applicant.
B.
Vibration. Vibrations detectable without instruments on neighboring
properties in any district shall be prohibited, with the exception
of temporary vibrations associated with new construction.
C.
Air pollution. No pollution of air by ash, dust, vapors, or other
substance shall be permitted which is harmful to health, animals,
vegetation or other property or can cause soiling or property damage.
D.
Fire and explosives protection. Fire protection and firefighting
equipment, acceptable to the Board of Fire Underwriters, shall be
readily available for any activity involving the handling or storage
of flammable or explosive materials.
E.
Glare and heat.
F.
Nonradioactive liquid or solid wastes. There shall be no discharge
at any point into any public or private sewage disposal system or
stream, or into the ground of any liquid or solid materials except
in accordance with the laws and regulations of the United States,
Commonwealth of Pennsylvania, Chester County and the Borough of West
Grove.
G.
Radioactivity or electrical disturbances. No activity shall emit
radioactivity at any point or cause electrical disturbance adversely
affecting the operation of radio or other equipment in the vicinity.
H.
Noise. Noise emanating from a use shall not exceed the level of ordinary
conversation at the boundaries of the lot. Short, intermittent noise
peaks may be permitted, if they do not exceed normal traffic noise
peaks at any point on the lot boundaries.
I.
Odors. No malodorous gas or matter shall be permitted which is discernible
on any adjoining lot or property.
J.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Any earth disturbance activity shall be conducted in accordance with Chapter 350, Subdivision and Land Development.
K.
Water pollution. Water pollution shall be subject to the requirements
established by the Pennsylvania Department of Environmental Protection.
L.
Stormwater.
(1)
All development and construction within the Borough shall be in accordance with Chapter 342, Stormwater Management, of the Borough of West Grove.
(2)
The ownership and maintenance responsibilities for stormwater management
facilities serving all new development shall:
(a)
Be clearly established and recorded in the Chester County office
of Recorder of Deeds.
(b)
Demonstrate that the person or entity intended to own and maintain
such facilities will be capable of such maintenance and available
for enforcement of such responsibilities.
(c)
The documentation establishing such ownership and maintenance
responsibilities shall be subject to the prior review by the Borough
Solicitor and approval by Borough Council.
M.
Every owner of any vacant lot shall keep the lot clean, free from
garbage, litter, standing water, debris, and all things causing the
property to be detrimental to the public health, safety, welfare or
to the aesthetics of adjacent properties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
N.
Any lot kept vacant for more than 180 days following the demolition
of any buildings thereon shall be landscaped and thereafter maintained
in good order. The lot shall be fenced as appropriate for public safety
and aesthetics. All plant material shall be watered, fertilized, pruned,
kept clean from weeds and litter, and replaced if diseased, injured
or dead, consistent with good horticultural practices. Such lots shall
not be used for storage.
O.
Trail requirements. Trail surface and cross section, including materials
and thicknesses, shall be based on site specific conditions. Each
trail design must be certified by a geotechnical engineer and must
be reviewed and approved by the Borough Engineer and applicable federal,
state, county and local agencies.
In all districts, topsoil or sod may be removed from a premises
only in connection with the construction or alteration of a street,
building, structure, or parking lot and grading incidental to such
approved activity.
