A.
Intent. The intent of this section is to ensure that residents and
businesses in Upper Darby Township have reliable access to wireless
telecommunications networks and state of the art communications services
while also ensuring that this objective is achieved in a fashion that
preserves the intrinsic aesthetic character of the community. The
Telecommunications Act of 1996 preserved, with certain limitations,
local government land use and zoning authority concerning the placement,
construction, and modification of wireless telecommunications facilities.
It is the further intent of this section to:
(1)
Ensure that the placement, construction or modification of wireless
telecommunications facilities is consistent with the Township's land
use policies.
(2)
Ensure access to reliable wireless communications services throughout
all areas of the Township.
(3)
Encourage the use of existing monopoles, towers, utility poles and
other structures for the co-location of wireless telecommunications
facilities.
(4)
Minimize the number of new support structures that would otherwise
need to be constructed by providing incentives for the use of existing
structures.
(5)
Encourage the location of support structures, to the extent possible,
in areas where the adverse impact on the community will be minimal.
(6)
Minimize the potential adverse effects associated with the construction
of support structures through the implementation of reasonable design,
landscaping and construction practices.
(7)
Ensure public health, safety, welfare, and convenience.
(8)
Conform to federal and state laws that allow certain antenna(s) to
be exempt from local regulations.
(9)
Preserve the UDT Telecommunications Commission and its applicable ordinances and resolutions, specifically Ordinance No. 2853 (An Ordinance Creating a Telecommunications Commission and Granting to it Certain Powers Concerning Cable and Wireless Telecommunication Facilities); Ordinance No. 2865 (An Ordinance Granting to the Telecommunications Commission Certain Additional Powers Concerning Telecommunications Facilities); Resolution No. 48-97 (A resolution of the Upper Darby Township, Delaware County, Pennsylvania, amending Resolution No. 83-89, as amended, to add Section 26 Establishing Fees for Review by the Telecommunications Commission of applications for wireless telecommunications towers and antennas); however, Ordinance No. 2866 is repealed by the adoption of this chapter, and the reference to "Ordinance 2866" contained in Ordinance No. 2865 is hereby replaced and amended to read "§ 550-38, Wireless telecommunications facilities, of the Township Zoning Ordinance."
B.
ACCESSORY EQUIPMENT
ANTENNA(S)
CO-LOCATION
FCC
MONOPOLE
SUPPORT STRUCTURE
TOWER
WIRELESS TELECOMMUNICATIONS FACILITY
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any equipment serving or being used in conjunction with a
wireless telecommunications facility. This equipment includes, but
is not limited to, utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or other structures.
Any structure or device used to collect or radiate electromagnetic
waves for the provision of cellular, paging, personal communications
services (PCS) and microwave communications. Such structures and devices
include, but are not limited to, directional antenna(s), such a panels,
microwave dishes and satellite dishes, and omnidirectional antenna(s),
such as whips.
The act of sitting wireless telecommunications facilities
in the same location on the same support structure as other telecommunications
facilities. Co-location also means locating telecommunications facilities
on an existing structure (for example: buildings, water tanks, towers,
utility poles, etc.) without the need to construct a new support structure.
The Federal Communications Commission.
A single, freestanding pole-type structure supporting one
or more antenna(s).
A structure designed to support telecommunications facilities
including, but not limited to, monopoles, towers, utility poles and
other freestanding self-supporting structures including existing buildings.
A lattice-type structure, guyed or freestanding, that supports
one or more antenna(s).
Any unmanned facility established for the purpose of providing
wireless transmission of voice, data, images or other information,
including, but not limited to, cellular telephone service, personal
communications service (PCS), and paging service. A wireless telecommunications
facility can consist of one or more support structures with antenna(s),
antenna(s) on existing support structures, and accessory equipment.
C.
Applicability.
(1)
Preexisting wireless telecommunications facilities shall not be required
to meet the requirements of this section, but shall be required to
meet all local, state and federal requirements as established by the
FAA, the FCC, and the Upper Darby Township Building Code.
(2)
All new wireless telecommunications facilities, including new support structures and antenna(s) on existing support structures, shall be permitted per Article III, Table of Permitted Uses.[1]
(a)
Special exception uses must meet the general criteria for review specified in § 550-54J of this chapter.
(b)
All other requirements set forth in this section shall apply.
(c)
In granting a special exception, the Zoning Hearing Board (ZHB)
may impose conditions to the extent the Zoning Hearing Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed support structure or antenna(s) on adjoining properties.
This may include methods to make the antenna(s) and related equipment
not readily apparent to a casual observer by means of enclosing, camouflaging,
screening, obscuring or by other methods.
(d)
Any special exception request or appeal of an administrative
decision shall require public notice pursuant to the dictates of this
chapter.
(e)
Any applicant proposing the erection, construction, installation
or placement of a wireless telecommunications facility shall first
be required to submit a separate application for expert consideration
and review by the Telecommunications Commission along with any fees
or other documents as may be required by the Telecommunications Commission
and/or its applicable ordinances, resolutions or regulations.
[1]
If the proposed wireless telecommunications facility is a permitted use pursuant to Article III, Table of Permitted Uses,[2] the Telecommunications Commission shall review the application
and any supporting plans, drawings or other documents and submit a
report of its review to the Township Director of Licenses and Inspections.
[2]
Editor's Note: The Table of Permitted Uses is an attachment
to this chapter.
[2]
If the proposed wireless telecommunications facility is a use permitted only by special exception pursuant to Article III, Table of Permitted Uses,[3] or if such use requires a variance or other zoning relief,
the Telecommunications Commission shall review the application and
any supporting plans, drawings or other documents and submit a report
of its review to the Zoning Hearing Board, including any recommendation
pertaining to any telecommunications issues relevant to the zoning
application.
[3]
Editor's Note: The Table of Permitted Uses is an attachment
to this chapter.
[1]
Editor's Note: The Table of Permitted Uses is an attachment
to this chapter.
D.
General requirements for all new wireless telecommunications facilities.
(1)
Facilities shall not be artificially lighted unless required by the
FAA or other applicable authority. If lighting is required, the lighting
alternative and design chosen must cause the least disturbance to
the surrounding views.
(2)
No signs shall be allowed on a wireless telecommunications facility,
except as required by law.
E.
Requirements for new support structures.
(1)
Support structures shall not exceed 150 feet in height measured from
undisturbed ground level.
(2)
New support structures must be set back a distance equal to at least
twice the applicable setback requirements, but in no case less than
50 feet from any adjoining lot line. An equipment building, shelter
or cabinet must not exceed 500 square feet in area and 12 feet in
height, including the support structure for the equipment building.
(3)
Landscaping.
(a)
Support structures shall be landscaped with a buffer of plant
materials that effectively screens the view of the lower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four feet wide outside the perimeter
of the compound.
(b)
In locations where the visual impact of the support structure
would be minimal, the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as structures sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
F.
Requirements for antenna(s) on existing support structures.
(1)
Antenna(s) and accessory equipment may exceed the maximum building
height requirements of the underlying zoning district but shall not
extend more than 10 feet above the existing support structure upon
which it is attached.
(2)
Equipment storage. The equipment cabinet or structure used in association with legally-placed antenna(s) mounted on rooftops shall comply § 550-38C(2)(c).
G.
Removal of abandoned wireless telecommunications facilities. Any
support structure or antenna(s) that is not operated for a continuous
period of 12 months shall be considered abandoned, and the owner of
such facility shall remove the same within 90 days of receipt of notice
from Upper Darby Township notifying the owner of such abandonment.
Failure to remove an abandoned facility within said 90 days shall
be grounds for the Township to cause the removal of the facility at
the owner's expense. If there are two or more users of a single support
structure, then this provision shall not become effective until all
users cease using the support structure.
H.
Nonconforming uses.
(1)
Support structures that are constructed and antenna(s) that are installed
in accordance with the provisions of this chapter shall not be deemed
to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting support structures shall be allowed to continue their
usage as they presently exist. Routine maintenance (including replacement
with a new structure of like construction and height) shall be permitted
on such preexisting support structures. New construction other than
routine maintenance on a preexisting support structure shall comply
with the requirements of this chapter.
(3)
Notwithstanding § 550-38G, preexisting nonconforming facilities that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special exception. The type, height, and location of the facility on-site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained with 180 days from the date the facility is first damaged or destroyed. If no permit is obtained or if said permit expires, the facility shall be deemed abandoned as specified in § 550-38G.
A.
It is the intent of this section, pursuant to the provisions of the
Upper Darby Township Home Rule Charter, Administrative Code and various
ordinances, that the Zoning Officer is responsible for zoning enforcement,
to regulate the materials, location, height and maintenance of fences
in order to prevent the creation of nuisances and preserve the visual
character of Upper Darby's residential neighborhoods and, where
necessary, that the operators of and/or participants in these activities
obtain certain licenses and permits or be charged certain fees from
Upper Darby Township.
[Amended 6-15-2022 by Ord. No. 3116]
B.
Placement of fences.
(1)
Fences shall not be constructed, erected and/or maintained in the
front yard of any lot, tract or parcel of land located in an R-C,
R-C-1, R-1 or R-2 Residence District. However, if within an R-C, R-C-1,
R-1 or R-2 Residence District the lot is a corner lot which abuts
on more than one street, a fence, with a maximum height of six feet,
may be erected in any front yard which does not abut the street which
is designated by the United States Postal Service as the address of
the lot. The postal address shall not be changed to circumvent this
requirement. Only one side of a corner lot may be considered as the
front yard. Such fence shall not extend beyond the front building
wall of the structure facing the street of address.
[Amended 6-15-2022 by Ord. No. 3116]
(2)
The provisions of § 550-39B(1) above shall not apply to properties owned by any public or private school for academic instruction, government agencies, or public transportation authorities.
(3)
Fences shall not extend into the street right-of-way and shall be
located at least 1.0 foot from the right-of-way line.
[Amended 6-15-2022 by Ord. No. 3116]
(4)
No fence may be constructed, erected and/or maintained so that traffic
from intersecting streets, driveways or alleys will be obscured from
view, thereby endangering the public health, safety and welfare.
(5)
Swimming pools, both public and private, shall be surrounded by a
fence as regulated by the currently adopted version of the International
Property Maintenance Code.
[Added 6-15-2022 by Ord.
No. 3116]
(6)
Fences are prohibited from dividing a shared driveway.
[Added 6-15-2022 by Ord.
No. 3116]
(7)
In the R-3 District, rear yard fences must be no closer than three
feet from a shared driveway.
[Added 6-15-2022 by Ord.
No. 3116]
C.
Fence height.
(1)
The maximum height of fences on any lot, tract or parcel of land
in the Township shall be six feet above grade, deck, patio or terrace.
(2)
The maximum height of all front yard fences located on properties
in R-3 Residence Districts shall be four feet.
(3)
Front yard fences are prohibited from being located directly above
retaining walls and must be set back no less than six inches.
[Amended 6-15-2022 by Ord. No. 3116]
(4)
Retaining walls under four feet in height will require a fence permit
and not a building permit. Retaining walls over four feet in height
will require a building permit.
[Amended 6-15-2022 by Ord. No. 3116]
D.
Fence materials.
[Amended 6-15-2022 by Ord. No. 3116]
(1)
For fences located in the front yard of any lot, tract or parcel
of land in the Township or along a property line that faces a public
street, fences shall be open to the extent necessary to ensure that
the address of the structure is not obscured, unless the address is
placed in a location on the side of the fence facing the public right-of-way
or is posted in some other manner in the area outside the fence so
as to be clearly visible from the street.
(2)
No fence may be constructed, erected and/or maintained which contains
barbed wire, metal spikes, razor ribbon, or other dangerous materials.
(3)
Nonresidential fences, landscape walls and decorative posts may be
constructed of wood, stone, brick, concrete, wrought iron, chain-link
and wire mesh.
(4)
Residential fences, landscape walls and decorative posts may be constructed
of wood, stone, brick, vinyl and wrought iron unless otherwise noted
in this chapter.
(5)
Any fence erected which is made of a metal fabric or which is partially
made of any metal fabric shall be galvanized or otherwise treated
to prevent the formation of rust, and the metal used in the fabric
shall be at least 11 gauge or heavier, unless it is subject to the
provisions regarding the gauge of metal fences around pools.
(6)
Chain-link fences are only allowed in rear and side yards with the
exception of R-3 and R-4 Zones.
(7)
Front yard hedges must be maintained and should be set back no less
than one foot from the pedestrian right-of-way. Corner lots are considered
to have two front yards, and therefore each front yard hedge must
be set back no less than one foot from the pedestrian right-of-way.
(8)
Electrified fencing is hereby prohibited.
(9)
The finished side of the fence, or side without posts, should be
facing away from the dwelling or building.
E.
Temporary fences.
[Amended 6-15-2022 by Ord. No. 3116]
(1)
Temporary
fencing, including the use of wood or plastic snow fences for the
purposes of limiting snow drifting between November 1 and April 1,
protection of excavation and construction sites, and the protection
of plants during grading and construction and during special events,
is permitted for up to 60 consecutive days.
F.
Nonconforming fences.
[Amended 6-15-2022 by Ord. No. 3116]
(1)
Nonconforming
fences may be repaired or replaced as long as the degree of nonconformity
is not increased.
G.
Maintenance.
[Added 6-15-2022 by Ord.
No. 3116]
(1)
All fences shall be maintained in a sturdy and good condition. Fences
which become loose, rusted or rotted, whether in whole or in part,
shall be repaired, replaced or removed.
(2)
"Good condition" includes removal of deteriorating or rusting pieces,
painting, removal of dangerous protrusions, and any other conditions
deemed dangerous to the Zoning Officer.
H.
(Reserved)
I.
Variances.
[Added 6-15-2022 by Ord.
No. 3116]
(1)
Any property owner or tenant desiring to erect a fence or maintain
a fence which does not conform to the provisions of this chapter may
apply for a variance from the Zoning Hearing Board of the Borough.
(2)
All requests for a variance shall be according to the procedures
and governing provisions of the Zoning Code and PA MPC.
J.
Fees.
[Added 6-15-2022 by Ord.
No. 3116]
(1)
Intent. It is recognized that a certain increased expenditure of
time and money by the Township is necessitated in carrying out the
above duties, and the Township desires to recover such costs by changing
license and permit fees to applicants to recover administrative expenses
only.
(2)
A fence permit is required for the erection and construction of any
new fence as well as the replacement of an existing fence.
(3)
The application fee is determined at $20 plus an additional $20 per
each $1,000 of cost of the work or fraction thereof.
K.
Violations. Whoever violates or fails to comply with any of the provisions
of this section shall be fined not less than $100 nor more than $1,000
for each offense. A separate offense shall be deemed committed each
day that the violation continues.
[Added 6-15-2022 by Ord.
No. 3116]
A.
Height. No accessory building shall exceed 15 feet in height.
B.
Placement.
(1)
Accessory structures shall not be constructed in the required front
yard or closer to any side or rear lot line than permitted by the
Building Code, with the following exception:
(a)
In the R-3 District only, accessory structures, including parking
on the non-address front yard side of end-attached and semidetached
units that are on a corner lot and have two front yards, shall be
permitted, provided the structure is located at least three feet from
the sidewalk.
(b)
A planted buffer strip of at least three feet in width shall
be provided between the accessory structure and the building line.
(c)
Placement of any accessory structure cannot create any hazard,
including blocking lines of sight for vehicular traffic.
(2)
No accessory building shall be constructed within three feet of the
main or primary building.
C.
Trailers. All trailers, with the exception of temporary construction
trailers, shall be considered accessory uses and must comply with
the setback requirements of the zoning district in which they are
located.
A.
Intent. It is the intent of this section to allow for the reasonable
use of residential homes as home occupations to accommodate contemporary
flexible employment options while ensuring that such home occupations
will not be a detriment to the character and livability of the surrounding
neighborhood.
B.
Non-impact home occupation standards. A non-impact home occupation
is a business or commercial activity administered or conducted as
an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
(1)
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
(9)
Non-impact home occupations shall meet the parking requirements for commercial motor vehicles in § 550-33B(1) and (2) herein.
C.
Prohibited uses. The following uses shall be prohibited as home occupations:
(1)
Food preparation and service.
(2)
Veterinary uses (including care, grooming or boarding).
(3)
Hospital or clinic.
(4)
Bed-and-breakfast.
(5)
Machine or welding shop.
(6)
Equipment rental.
(7)
Beauty shops, barbershops and similar uses.
(8)
Any service involved in the preparation of animals or animal products
for human use or consumption.
(9)
Retail sales.
(10)
Funeral homes.
(11)
Vehicle repair.
(12)
Laundry or dry cleaning.
A.
Intent. It is the intent of this section to allow for the reasonable
use of residential homes as child-care facilities to accommodate the
needs of the Township's working parents.
B.
In-home child care standards. An in-home child-care facility is a
residence in which for-profit child care is provided for a maximum
of five children under the age of 16 who do not reside in the residence
and shall be permitted, provided that the in-home child-care facility
satisfies all of the following requirements:
(1)
An in-home child-care facility shall be permitted only within a single-family
dwelling and shall be operated by the permanent resident of the dwelling
unit.
(2)
An in-home child-care facility shall be permitted to operate only
between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday.
(3)
Outside play by children at the in-home child-care facility shall
be limited to the hours between 9:00 a.m. and 5:00 p.m.
(4)
Commercial signs or displays which identify an in-home child-care
facility shall be prohibited.
C.
Registration. Every individual who operates an in-home child-care
facility shall be required to secure a certificate of occupancy and
business license from the Township.
A.
Intent. It is the intent of this section to allow for the provision
of group living quarters in the Township while introducing standards
to protect the character of residential neighborhoods, prevent concentrations
of such facilities in single locations, and ensure that the appropriate
state and county requirements have been met.
B.
Special exception standards. Group living quarters are permitted in all residential districts as a use by special exception pursuant to Article IV of the Upper Darby Zoning Ordinance and the requirements and regulations herein. Prior to obtaining a permit and special exception approval for a group living quarters use, the applicant shall have the burden of going forward with evidence and proving the following:
[Amended 4-21-2021 by Ord. No. 3092]
(1)
The lot upon which the group living quarters is situated shall meet
the minimum area requirements established in the zoning district regulations
for the zoning district in which the use is to be located. The group
living quarters shall not be located in an accessory building or unit.
Additionally, and in order to integrate group living quarters into
a neighborhood and create a deinstitutionalized setting for the residents
of group living quarters, no group living quarters may be located
within 500 feet of another group living quarters as measured from
the property line.
(2)
Residents of a group living quarters shall maintain a single household
unit with shared use of living areas, eating areas, bathrooms, and
food preparation and serving areas, and shall share mealtimes and
housekeeping responsibilities.
(3)
Accommodations in a group living quarters shall be provided for no
more than the maximum number of occupants or residents as permitted
by the applicable building code, fire code, and any other similar
code that sets forth a maximum occupancy limit for a dwelling or building.
Applications for group living quarters shall specify the maximum number
of residents or occupants to be housed or cared for at the facility.
(4)
Applicants for group living quarters shall indicate the type of care,
counseling, or treatment to be provided at the site to the extent
permitted by law. In each instance, medical care shall be incidental
in nature and shall not be a major element of the care being provided
at the facility.
(5)
Evidence shall be provided with the application for a group living
quarters indicating that all applicable federal, state and/or county
certification and licensing requirements have been met for the particular
type of care provided.
(6)
Sewage disposal and water supply facilities shall be sufficient to
handle the anticipated loading created by the proposed facility and
shall meet all requirements of the Pennsylvania Department of Environmental
Protection and/or the applicable public or community Sewer and Water
Boards or Authorities.
(7)
Arrangements for the collection, storage, and disposal of solid waste
generated by the facility shall be made by the applicant and submitted
to the Township for approval as part the application for such a use.
(8)
Notwithstanding any provisions of the Upper Darby Township Building
Code, the group living quarters shall have the following installed
throughout the building and any attached accessory building(s):
(a)
A fire sprinkler system which complies with NFPA 13D "Standard
for the Installation of Sprinkler Systems in One- and Two- Family
Dwellings and Manufactured Homes," or the current corresponding section
of the NFPA as may be amended from time to time; and
(b)
A fire alarm system which complies with Chapter 11 of NFPA 72
"National Fire Alarm and Signaling Code," or the current corresponding
section of the NFPA as may be amended from time to time.
(9)
The group living quarters must comply with the Upper Darby Township
Building Code and an applicant seeking group living quarters use shall
provide with its application evidence that the building(s) size and
layout is in compliance with the applicable building codes for maximum
number of individuals intended to be housed in the building(s). To
satisfy this requirement, the Zoning Officer may request that an applicant
provide a dimensioned floor plan indicating the size of each room,
including sleeping rooms, and identifying the maximum number of residents
who will occupy each sleeping room, to demonstrate that the group
living quarters will not be overcrowded.
(10)
Off-street parking must be adequate to accommodate the needs
of the residents and staff. At a minimum, the group living quarters
must meet the minimum parking requirements for the district in which
it is located.
(11)
The group living quarters will not alter the essential character
of the neighborhood or district in which it is located.
(12)
To the extent not already addressed above, the property, including
all buildings located thereon, must be in compliance with all applicable
federal, state and local laws, including but not limited to, the Pennsylvania
Uniform Construction Code and the Upper Darby Property Maintenance
Code.
(13)
The group living quarters shall register with the Township,
in writing, the following: its location, the individual(s) responsible
for the facility, general type of treatment/care, maximum number of
residents and sponsoring agency, and shall advise the Township in
writing if any of the original information provided has changed within
five business days of said change.
(14)
Any other registration of group living quarters residents with
any state and/or county agency for emergency preparation purposes
and to the extent permitted by law shall also be provided to the Township
including any updates in accordance with the applicable state and/or
county regulations.
A.
Intent. It is the intent of this section to restrict projections
into required front, side and rear yards to limited architectural
features, such as patios, decks, porches, chimneys, etc. Permitted
projections are subject to specified standards to protect residential
character.
B.
Permitted projections. No portion of a building may project into
any required yard area except as follows:
(1)
Cornices, projecting eaves, gutters, pier or pilaster of a building
may project not more than 18 inches into a required yard. A chimney
may project up to 24 inches into a rear yard or into a side yard.
Bay windows may project a maximum of 36 inches into a required yard.
(2)
Open, unenclosed fire escapes and steps may project not more than
three feet into a required rear or side yard.
C.
Porches, patios and decks.
(1)
Standards for open or covered patio, deck or porch:
|
Table 10-1: Standards for Open or Covered Patio, Deck
or Porch
| |||
|---|---|---|---|
|
District
|
R-C and R-C-1
|
R-1 and R-2
|
R-3 and R-4
|
|
Maximum front yard projection (feet)
|
25
|
10
|
10
|
|
Maximum rear yard projection (feet)
|
25
|
15
|
15
|
|
Maximum side yard projection [refer to § 550-44C(4) for additional standards](feet)
|
15
|
15
|
15
|
|
Minimum distance from side property line (feet)
|
4
|
4
|
4
|
|
Minimum distance from rear property line (feet)
|
10
|
10
|
No restriction
|
|
Minimum distance from edge of common driveway (feet)
|
NA
|
NA
|
5
|
(2)
Standards for enclosed porches:
(3)
Standards for open decks (with or without a roof) or additions on
an existing nonconforming structure. Open decks (with or without a
roof) or additions into the rear yard in line with an existing nonconforming
structure shall not be closer than three feet to the side property
line and all stairs which are part of an open deck shall also not
be closer than three feet to the side property line. In addition to
the side yard requirements set out above, all rear additions must
still meet the area and bulk standards for each zoning district.
(4)
Standards for projections into side yards. Open decks are permitted
to project a maximum of 15 feet into the side yard but shall not be
closer than four feet to the property line, easement, common driveway
or right-of-way and all stairs, platforms or steps which are part
of an open deck shall also not be closer than four feet to the property
line.
(5)
Standards for private garages and greenhouses. Private garages and
greenhouses may be constructed in side and rear yards within three
feet of the property lines and in compliance with the fire rating
as required by the Upper Darby Township Building Code. Garages in
R-3 Districts that were originally built on the property line and
are being reconstructed may be rebuilt on the same property line.
(6)
Standards for stairs, fences or obstructions. All stairs, fences
or obstructions must be at least four feet from a common driveway
located in a nonresidence district. Existing nonconforming stairs,
fences or obstructions may not be replaced within four feet of a common
driveway located in a nonresidence district. All stairs, fences or
obstructions in a common driveway located in a residence district
must be built in such a way so as to not interfere with any emergency,
sanitation and private vehicular traffic in the common driveway.
(7)
Standards for freestanding decks and patios. Freestanding decks and
patios may be located in the rear yard only and must be set back at
least 10 feet from the side or rear property line.
A.
Intent. The intent of this section is to permit variation in lot
sizes to provide flexibility in design and to maximize natural resource
protection on constrained properties. Lot averaging shall not result
in an increase in the number of lots permitted according to required
lot sizes in each zoning district.
B.
Lot averaging standards. In any subdivision other than by lease in
a community shopping center or neighborhood shopping center, the areas
of some lots may be less than the minimum required, providing:
(1)
The average lot area of all lots is equal to or greater than the
minimum required lot area.
(2)
No lot is less than 90% of the minimum required lot area.
(3)
All lots are less than two times the minimum required lot area.
(4)
There is no reduction of the frontage, setback, side yard, rear yard,
lot width or off-street parking requirements.
(5)
Lot coverage does not exceed that permitted for the average lot area.
A.
Intent. It is the intent of this section to establish regulations
that prevent interference with the landing, takeoff, or maneuvering
of aircraft intending to use the Philadelphia International Airport.
B.
Airport surface zone height limitations. Except as otherwise provided
in this chapter, no structure shall be erected, altered or maintained
and no tree shall be allowed to grow in any transitional surface zone
created by this chapter to a height in excess of the applicable height
limit herein established for such zone:
C.
Transitional surface zone use restrictions. Notwithstanding any provisions
of this chapter, no use can be made of land or water within any transitional
surface zone established by this chapter in such a manner as to create
electrical interference with navigational signals or radio communication
between the airport and aircraft, make it difficult for pilots to
distinguish between airport lights and others, result in glare in
the eyes of pilots using the airport, impair visibility in the vicinity
of the airport, create bird strike hazards, or otherwise in any way
endanger or interfere with the landing, takeoff, or maneuvering of
aircraft intending to use the airport.
A.
Intent. This section sets standards for the conduct of temporary
outdoor retail sales activities, including farmers' markets, flea
markets, and sales of holiday items such as cut trees, pumpkins, and
cut flowers.
B.
General standards.
(1)
Off-street retail sales are permitted by right in the following locations,
subject to the standards established in this section:
(2)
All applicants for an off-street retail sales use must provide a
reference sketch plan of the site drawn accurately to scale indicating
thereon the exact sales location on the site which is to be used,
its relationship to the other businesses, structures, streets, sidewalks
already existing at the site, and the proposed lighting, if nighttime
operation is planned.
(3)
Parking for off-street retail sales shall comply with the requirements of § 550-33A of this chapter. In addition, such use shall not interfere with adequate access to the required off-street parking spaces, traffic flow, or egress and/or ingress to the site being so used.
(4)
Off-street retail sales businesses may not be located in any public
right-of-way and must be set back at least five feet from the inside
of the sidewalk or the edge of cartway, whichever is greater.
(5)
No area used for the outside storage or display of merchandise shall
be located within 25 feet from the edge of cartway or within 10 feet
from the edge of cartway for corner properties.
(6)
No area for required off-street parking may be used for outside storage
or display of merchandise.
(7)
The sale of food items is subject to applicable regulations of the
Pennsylvania Department of Health.
C.
Duration of use.
(1)
Temporary off-street retail sales are to occur no more than one day
per week and not more than 15 times per calendar year.
(2)
Sales of holiday items, such as cut trees, pumpkins and cut flowers,
may be displayed for up to 30 days preceding and including the holiday
but must be removed the day immediately following the holiday.
A.
Intent. This section is intended to guide the development of Upper
Darby Township in accordance with the Comprehensive Plan and other
specific plans of action. The rights of the owners of nonconforming
structures, lots, and uses are recognized and will be protected by
law.
B.
Nonconforming structures.
(1)
All structures, lots, uses of structures and uses of land that do
not conform to the regulations of the district in which they are located
after the effective date of this chapter or amendment thereto shall
be regarded as nonconforming and may be continued so long as they
remain otherwise lawful, including subsequent sales of property.
(2)
Legal nonconforming structures may continue to be occupied but may
not be expanded unless all additions conform with the requirements
of this chapter.
(3)
A nonconforming structure of which more than 50% of the floor and
roof area is destroyed or a nonconforming structure which has been
legally condemned may be rebuilt only if permitted as a special exception
and subject to the following conditions:
(a)
The replacement structure shall not exceed the height, area
and volume of the previous structure.
(b)
It is demonstrated that the replacement structure will not be
materially detrimental to the surrounding area or the interest of
the Township.
(c)
It is demonstrated that the replacement structure will not require
more parking than the previous structure.
(4)
The remains of a nonconforming structure of which more than 50% of
the floor and roof area is destroyed must be removed from the site
within six months.
C.
Nonconforming uses.
(1)
A legal nonconforming use of a structure or land may continue, and
the sale or transfer of ownership of the use, structure or land shall
not affect this right.
(2)
A nonconforming use of a structure or land may be changed to a conforming use or to a use of a more restricted classification in accordance with § 550-48C(4) and (5). Whenever a nonconforming use of a structure or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification. This does not, however, prevent the change in ownership of a nonconforming use.
(3)
Should a nonconforming use cease operation for a period of 12 consecutive
months, said use shall be considered abandoned and all rights arising
from the nonconforming status shall be considered voided, unless the
property owner shall provide to the Zoning Officer (or, if on appeal,
then to the Zoning Hearing Board) a preponderance of evidence demonstrating
that the owner has not abandoned the nonconforming use status.
(4)
A change in use to a more restrictive commercial classification may
occur between the following groups: C-4, C-3, C-2, C-1, with C-1 being
the most restrictive classification.
(5)
A change in use to a more restrictive residential classification
may occur between the following groups: R-4, R-3, R-2, R-1, R-C-1,
R-C, with R-C being the most restrictive classification.
D.
Nonconforming lots.
(1)
A structure may be constructed on any vacant lot which was lawful
when created and was in separate ownership duly recorded by plan or
deed, provided that the structure is in compliance with the bulk standards
of this chapter.
(2)
Any existing structure on a nonconforming lot may be altered or have
structures added to it on the lot as long as the following conditions
are met:
(a)
The added structure complies with all of the other requirements
of this chapter excepting lot area requirements.
(b)
There will be no reduction of off-street parking requirements.
(c)
There will be no increase in the permitted density for the zone
in which the lot is located.
(d)
The use must be permitted in the zone where the lot is located.
E.
Nonconforming parking. Existing uses that do not meet the minimum parking requirements of Article VIII shall be permitted to continue; however, if there is a change in use which requires more parking than the previous use, the new use will be required to meet all parking requirements established in Article VIII.
A.
Intent. It is the intent of this section to improve the appearance
of developed areas of the Township with landscaping and to protect
residential uses from the impacts of adjacent nonresidential uses
with landscaped buffers.
B.
Landscaping and buffer requirements.
(1)
A ten-foot-wide buffer planting strip shall be provided at sides
and rear wherever a nonresidential use adjoins a residential district.
(2)
If the ten-foot buffer strip required in § 550-49B(1) above cannot be accommodated because a small lot size or irregular lot shape inhibits compliance with area, bulk and parking requirements, the buffer strip may be reduced by special exception approval and subject to the following conditions:
(a)
It is demonstrated that the condition of the lot will not accommodate
the required ten-foot buffer without compromising compliance with
area, bulk and parking requirements.
(b)
The buffer strip shall not be less than two feet wide.
(c)
The buffer strip will include evergreen plantings or an opaque
fence a minimum of six feet in height. Metal or chain-link fencing
may not be used.
(3)
Whenever required vegetation fails to survive, it shall be replaced.
(4)
There shall be a grassed or planted area at least two feet wide between
a property line and a paved private driveway or parking area, except
for attached and semidetached dwellings located in R-3 Districts.
(5)
There will be a buffer planting strip at least four feet wide between
a common driveway or parking area for more than two dwelling units
and the property line of adjoining R-C, R-1 or R-2 District.
(6)
There will be a grassed or planted area at least four feet wide between
the side of a common driveway and property line except in the case
when the driveway is common to properties on both sides of the property
line, in which case the driveway may extend over the property line.
(7)
Parking area buffers and interior landscaping shall be provided in accordance with Article VIII, § 550-33D(19) and (20) herein.
A.
Intent. It is the intent of this section to reduce impacts of glare
from lighting facilities.
B.
Lighting facilities. Specific plans shall be provided for lighting
facilities as needed and to be arranged in a manner which will protect
public streets and neighboring properties from unreasonable glare.
Temporary dwellings, including trailers, boats or similar structures,
shall not be stored within the front yard area, except where there
is an existing driveway, or set up for housekeeping purposes anywhere
in any residence district of the Township.
A.
Intent. It is the specific intent of this Part to promote the safety, morals, and general welfare of the inhabitants of Upper Darby Township in their person and property by permitting sober living homes in the Township, subject to the requirements of this § 550-51.1. Additionally, permitting sober living homes by special exception in residential districts will increase the availability of housing and access to valuable services for Township residents with disabilities without altering the essential character of the neighborhood or district in which a sober living home is located.
B.
Permitted by special exception; requirements. Sober living homes are permitted in all residential districts as a use by special exception pursuant to Article IV of the Upper Darby Zoning Ordinance and the requirements and regulations herein. Prior to obtaining a permit and a special exception approval for a sober living home use, the applicant shall provide evidence of the following:
(1)
The lot upon which the sober living home or institutional residence
is situated shall meet the minimum area requirements established in
the zoning district regulations for the zoning district in which the
use is to be located. The sober living home shall not be located in
an accessory building. Additionally, and in order to integrate a sober
living home into a neighborhood and create a deinstitutionalized setting
for the residents of a sober living home, no sober living home may
be located within 500 feet of another sober living home as measured
from the property line of each property.
(2)
Residents of a sober living home shall maintain a single household
unit with shared use of living areas, eating areas, bathrooms, and
food preparation and serving areas, and shall share mealtimes and
housekeeping responsibilities.
(3)
Accommodations in a sober living home shall be provided for
no more than the maximum number of occupants or residents as permitted
by the applicable building code, fire code, and any other similar
code that sets forth a maximum occupancy limit for a dwelling or building.
Applications for a sober living home shall specify the maximum number
of residents or occupants to be housed or cared for at the facility.
(4)
Registration with the Commonwealth and compliance with all regulations
for licensure or certification as promulgated by the Department of
Drug and Alcohol Programs in accordance with 71 P.S. § 613.13,
as amended, or such other commonwealth agency or department as authorized
by law. In the event that the sober living home is not registered
and is not required to be licensed or certified by the Commonwealth,
then the sober living home shall provide either: 1) documentation
that it would comply if subject to licensure and certification, or
2) documentation that the sober living home is a member in good standing
and in compliance with all rules and/or regulations of a recognized
countywide, statewide, or nationwide Association of Recovery Homes
or equivalent professional accrediting organization. Additionally,
and annually thereafter, each operator must provide similar proof
of Commonwealth registration and compliance or continued status as
a member in good standing and in compliance with all the rules and/or
regulations of a recognized county, state or national professional
association.
(5)
Proof that the sober living home has policies, procedures and
regulations that substantially address the following:
(a)
An occupant's immediate eviction from or involuntary termination
of residency in the sober living home in order to protect the health,
safety, and welfare of staff or other occupants;
(b)
If an occupant's eviction from or involuntary termination of
residency in the sober living home is not required to protect the
health, safety, and welfare of the staff or other occupants of the
sober living home, then, at least 48 hours prior, the operator thereof
shall:
[1]
Notify the person designated as the occupant's
emergency contact or contact of record that the occupant will no longer
be a resident at the property;
[2]
Contact the appropriate county or state agency
to determine the services available to the occupant, including, but
not limited to, alcohol and drug inpatient and outpatient treatment,
and shelter or homeless services;
[3]
Provide the information obtained from the applicable
county or state agency to the occupant prior to his or her release
on a readable form that is signed by the occupant as proof of his
or her receipt of the available services;
(c)
Prior to an occupant's eviction from or involuntary termination
of residency in a sober living home, the operator shall:
[1]
Make available to the occupant transportation to
the address listed on the occupant's driver license, state-issued
identification card, or the permanent address identified in the occupant's
application for referral to the sober living home; and
[2]
In the event the occupant declines said transportation
or otherwise has no permanent address, then the operator shall make
available to the occupant transportation to another sober living home
or residential care facility that has agreed to accept the occupant.
(d)
Rules and regulations that prohibit the use of any alcohol or
any nonprescription drugs at the sober living home or by any recovering
addict either on or off site;
(e)
Rules and regulations stating that the facility cannot dispense
medications unless licensed to do so, and that the possession or use
of prescription medications is prohibited except for the person to
whom they are prescribed and in the amounts/dosages prescribed; and
(f)
Rules and regulations that shall direct occupants to be considerate
of neighbors, including refraining from engaging in excessively loud,
profane, or obnoxious behavior that would unduly interfere with a
neighbor's use and enjoyment of their dwelling unit in accordance
with the Township's health and safety ordinances as contained in Chapter
10 of the Upper Darby Township Code and other ordinances of general
applicability.
(6)
If permitted by law, supervisory, counseling, and medical services
may be provided but only to those individuals residing in the sober
living home, and no outpatient services shall be provided to individuals
who are not residents of the sober living home. All occupants, other
than a house manager, must be actively participating in legitimate
recovery programs, including, but not limited to, Alcoholics Anonymous
or Narcotics Anonymous, and the sober living home must maintain current
records of meeting attendance for all residents.
(7)
Sewage and water facilities shall be sufficient to handle the
anticipated loading created by the proposed facility and shall meet
all requirements of the Pennsylvania Department of Environmental Protection
and/or the applicable public or community Sewer and Water Boards or
Authorities.
(8)
Arrangements for the collection, storage and disposal of solid
waste generated by the facility shall be made by the applicant and
submitted to the Township for approval as part the application for
such a use.
(9)
Notwithstanding any provisions of the Upper Darby Township Building
Code to the contrary, a sober living home shall have the following
installed throughout the building and any attached accessory building(s):
(a)
A fire sprinkler system which complies with NFPA 13D "Standard
for the Installation of Sprinkler Systems in One- and Two-Family Dwellings
and Manufactured Homes," or the current corresponding section of the
NFPA as may be amended from time to time; and
(b)
A fire alarm system which complies with Chapter 11 of NFPA 72
"National Fire Alarm and Signaling Code," or the current corresponding
section of the NFPA as may be amended from time to time.
(10)
A sober living home must comply with the Upper Darby Township
Building Code and an applicant seeking a sober living home use shall
provide with its application evidence that the building(s) size and
layout is in compliance with the applicable building codes for maximum
number of individuals intended to be housed in the building(s). To
satisfy this requirement, the Zoning Officer may request that an applicant
provide a dimensioned floor plan indicating the size of each room,
including sleeping rooms, and identifying the maximum number of residents
who will occupy each sleeping room, to demonstrate that the sober
living home will not be overcrowded.
(11)
Off-street parking must be adequate to accommodate the needs
of the residents and staff of the sober living home. At a minimum,
a sober living home must meet the minimum requirements for the district
in which it is located.
(12)
A sober living home will not alter the essential character of
the neighborhood or district in which it is located.
(13)
To the extent not already addressed above, the property, including
all buildings located thereon, must be in compliance with all applicable
federal, state and local laws, including but not limited to, the Pennsylvania
Uniform Construction Code, the International Fire Code and the International
Fuel Gas Code as may be adopted and in effect by the Township, and
as may be amended from time to time.
C.
Inspections. The owner, operator, or agent of a sober living home
shall permit annual inspections thereof by the Township's Code Enforcement
Officer. If the owner, operator, or agent does not permit such inspection
by the Code Enforcement Officer, the Township may seek any appropriate
legal or equitable relief to compel access to such property for such
inspection.
D.
Registration with Township.
(1)
A sober living home shall register with the Township, in writing,
the following: its location, general type of treatment/care, maximum
number of residents and sponsoring agency.
(2)
Any other registration of sober living home residents with any
state and/or county agency for emergency preparation purposes and
to the extent permitted by law shall also be provided to the Township
including any updates in accordance with the applicable state and/or
county regulations.
E.
Proof of staff licensure, certifications.
(1)
If required by state or federal law, all caretakers, administrators,
and staff of a sober living home must be duly licensed and/or certified
by the Department of Public Welfare, Department of Health, and/or
other federal, state or county agency, as may be required for the
particular type of care provided and the nature of the employee's
responsibilities. Additionally, and to the extent required by state
or federal law, every employee of the sober living home must have
valid criminal background clearances, licensure, and/or certification
with the issuing agency or agencies while employed by the sober living
home.
(2)
If licenses, certification or clearances are required by state
or federal law, then the owner, operator, or agent of a sober living
home shall provide the Township with a register of all employees and
furnish proof of all required licenses, certifications, and criminal
background clearances for each employee prior to commencing operation
in the Township. Thereafter, an updated register and proof of licensure,
certifications, and criminal background clearances shall be provided
on at least an annual basis.
(3)
If licenses, certification, or clearances are required by state
or federal law for every new person employed by a sober living home,
the name of the employee, along with proof of all required licenses,
certifications, and criminal background clearances, shall be submitted
to the Township prior to the commencement of the employment.
