The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
No cabin, mobile home, garage, basement or other
temporary structure, whether of a fixed or mobile nature, may hereafter
be erected or established for any dwelling purpose for any length
of time unless approval for temporary use is granted by the Zoning
Hearing Board.
In this section relating to walls, the term
"wall" shall not be construed to mean a retaining wall or the wall
of a building.
A.
No fence, or wall shall be erected or maintained within
the required front yard setback of any premises situate in an area
zoned residential.
B.
No vegetative screen shall be erected or maintained
in the front of the front building line of any premises situate in
an area zoned residential that exceeds three feet in height. This
limitation may be exceeded only when granted as a special exception
by the Zoning Hearing Board.
C.
No fence, wall or vegetative screen shall be erected
or maintained on the side or rear yards of any premises zoned residential
that exceeds six feet in height.
D.
No fence, wall or vegetative screen shall be erected
or maintained on any of the front, side or rear yards of any premises
zoned commercial or industrial that exceeds eight feet in height.
E.
All fences shall be constructed inside, and not directly
on, the property line.
F.
No fence shall be of a type or design so as to be
clearly out of character with the architecture of the surrounding
area.
G.
Prior to the erection of a fence, a permit must be
obtained from the Township.
[Amended 9-26-2007 by Ord. No. 1908]
A.
Legislative intent. In order to maintain a strong
residential character in established neighborhoods, the Ridley Township
Board of Commissioners seeks to regulate the location and types of
permitted and prohibited home-based occupations to preserve and advance
the public health, safety and welfare. The regulations are intended
to conserve property values, prevent blight, improve the aesthetic
environment of the Township and fully integrate home-based occupations
into the community.
B.
DWELLING
HABITABLE FLOOR AREA
HOME OCCUPATION
NO-IMPACT HOME-BASED BUSINESS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A building or portion thereof used exclusively for residential
purposes.
The aggregate of the horizontal area of all rooms used for
habitation, such as living room, dining room, kitchen, and bedroom(s),
but not including hallways, stairways, cellars, service rooms, utility
rooms, bathrooms, closets, unheated areas, such as enclosed porches,
nor rooms without at least one window or skylight opening onto an
outside yard or court. At least 1/2 of the floor area of every habitable
room shall have a ceiling height of not less than seven feet and the
floor area of that part of the room where ceiling height is less than
five feet shall not be considered part of the habitable floor area.
An accessory use of a service character conducted within
a dwelling by the residents, which is secondary to the use of the
dwelling for living purposes and does not change the character thereof
or have any exterior evidence of such secondary use other than a small
nameplate.
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:
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking or lighting. No significant
additional vehicular or pedestrian traffic to the residence shall
be created, nor shall the use require delivery by tractor-trailer
trucks.
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.
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.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve an illegal activity.
C.
Home occupations shall be permitted as a special exception
in the A Residential, B Residential, C Residential, Apartment and
Planned Residential Districts.
D.
Special exception shall not be granted when it appears
to the Zoning Hearing Board that the proposed home occupation will
constitute a fire hazard to neighboring residences, will adversely
affect neighboring property value or will constitute a nuisance or
otherwise be detrimental to the neighbors because of excessive traffic,
noise, odor, or other negative circumstances.
E.
No-impact home-based businesses shall be a permitted
use in any zoning district.
F.
Permitted home occupations, by special exception,
shall include, but not be limited to, the professions of doctor, surgeon,
osteopath, dentist or other practitioner of the healing arts for humans,
engineer, architect, attorney, artist, clergyman, musician, writer,
teacher, data processor, draftsman, sales representative, surveyor,
accountant, secretary, interior design, jeweler/watch repair, locksmith,
mail order, photographer, consultant, counselor, telemarketer, travel
agent, typist/word processor, computer programmer, computer data processor,
dressmaker, seamstress, and tailor. Also permitted by special exception
shall be the following craft home occupations: caterer, with no storage
of specialized vehicles on the lot; contractor, with no storage of
equipment on the lot; and electrical appliance repairman, excluding
major appliances such as refrigerators.
G.
Upon application to the Zoning Hearing Board for a
special exception, the Zoning Hearing Board may permit a home occupation
use that is not listed above upon their decision that the requested
use is similar in nature to those listed as permitted home occupations
and the use will conform to the regulations for home occupations.
H.
Prohibited home occupations shall include, but not
be limited to: automotive repair and inspections, bakeries, licensed
day-care centers, butchers, morticians, health care facilities, tourist
home, convalescent home, tearoom, real estate office, insurance office,
and hair, nail and tanning salons.
I.
In cases where the Zoning Officer determines that the proposed use is not within the scope of the no-impact home based business criteria, the decision of the Zoning Officer can be appealed to the Zoning Hearing Board as authorized by § 325-116F(3) of this chapter.
J.
Regulations for home occupations.
(1)
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2)
Services shall be provided on a one-to-one basis.
Overlap of clients shall not be permitted.
(3)
The business shall employ no employees within the
dwelling other than family members residing in the dwelling. Nonresident
employees shall not use the residence as a meeting location prior
to traveling to another work site.
(4)
There shall be no display or sale of retail goods.
There shall be no use of show windows or business display visible
from outside the dwelling.
(5)
There shall be no stockpiling or inventory of a substantial
nature. Further, there shall be no outside stockpiling, inventory
or storage of other materials used by the occupant in performance
of the home occupation, whether performed on site or at another location.
(6)
There shall be no outside appearance of a business
use, including lights.
(7)
There shall be no significant additional vehicular
or pedestrian traffic to the residence, nor shall the use require
delivery by tractor-trailer trucks.
(8)
A minimum of one off-street parking space shall be provided for every 220 square feet of space devoted to the home occupation in addition to providing the off-street parking as required by § 325-80 of this chapter.
(9)
There shall be no use of 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.
(10)
The home occupation shall not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
(11)
The home occupation shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
(12)
The home occupation shall not involve any illegal
activity.
(13)
Only the following sign shall be permitted:
one nonilluminated sign with a maximum sign area of one square foot
on each of two sides, with a maximum height of eight feet. Such sign
shall not be located within the existing right-of-way of a street,
unless it is attached to a mailbox. Such sign shall only display black
and white colors or earth tone colors.
(14)
There shall be no materials which decompose
by detonation allowed in conjunction with a home occupation.
Public utility buildings and facilities shall
be approved in any district; provided, however, that buildings and
equipment used by these utilities shall be subject to the following
regulations:
A.
Front, side and rear yards shall be provided in accordance
with the regulations of the district in which the building is located.
B.
Height of building shall be as required by the district
regulations.
C.
In residential districts, the permitted public facilities
shall not include the storage of vehicles or equipment used in the
maintenance of any utility and no equipment causing unreasonable noise,
vibration, smoke, odor, or hazardous effect shall be installed.
D.
Unhoused equipment shall be enclosed with a fence
or wall not less than six feet in height which shall be so constructed
as not to have openings, holes or gaps larger than six inches in any
dimension.
E.
Screen planting. The required fence for unhoused equipment
in residential districts shall be surrounded by plantings approved
by the Planning Commission.
F.
Housed equipment. When the equipment is totally enclosed
within a building, no fence or screen planting shall be required and
the yard shall be maintained in conformity with the district in which
the facility is located.
A.
Demolition of any structure must be completed within
three months of the issuance of a permit. Completion consists of tearing
the structure down to grade, filling any resulting cavity to grade
and removing all resulting materials from the lot.
B.
A structure may be partly demolished only if a building
remains and the demolition of the part is completed as aforesaid.
C.
All evidence of the structure which was demolished
must be removed from the exterior surfaces of the building remaining.
D.
No demolition of any structure or part thereof shall
be done without a permit.
A.
On any corner lot, no wall, fence or other structure
shall be erected or maintained, and no hedge, tree, shrub or other
growth shall be planted, grown or maintained, which may cause danger
to vehicular traffic by obscuring the view or in any other way be
a source of danger.
B.
In residential districts, where a lot is located at
the intersection of two streets, no obstruction of any kind whatsoever
of a height greater than 24 inches shall be maintained or permitted
within a triangle the legs of which measured from the intersection
of the curb lines at the corner shall be 25 feet.
C.
The Township shall have the right to declare any obstruction
to vision within the line of the sight triangle to be a safety hazard
and shall direct the owner of the property to have it removed. If
the owner fails to do so within 30 days after written notice, the
Township shall remove the obstruction and bill the owner and lien
the property for the expense involved.
[Amended 3-11-1997 by Ord. No. 1758; 2-25-1998 by Ord. No.
1780; 4-23-2003 by Ord. No. 1837; 9-26-2007 by Ord. No. 1905]
A.
General parking regulations.
(1)
Off-street parking spaces with proper and safe access
from a street, alley or driveway, shall be provided and maintained
in accordance with the requirements established below.
(2)
Structures and uses in existence at the date of this
amended section of this chapter shall not be subject to the requirements
of this section so long as the kind or extent of use is not changed,
and provided that any parking facility now serving such structures
or uses shall not in the future be reduced below the requirements
of this section.
(3)
These standards shall apply when a use is established,
an existing building is altered or enlarged, a use is intensified
by a change of occupancy or by the addition of floor area or seating
capacity and will apply for as long as the use remains.
(4)
The regulations in this section establish minimum
parking requirements. The property owner shall be responsible for
ensuring that adequate parking is provided for resident, guest, customer,
employee, delivery vehicle parking and/or company vehicle parking
if additional spaces in excess of the minimum requirements are necessary.
(5)
Unless otherwise specified, no part of any required
front yard shall be used for off-street parking purposes.
(6)
Unless otherwise specified, any area subject to vehicular
traffic shall be paved.
(7)
Unless otherwise specified, all parking areas must
be paved and striped, except that vehicle display areas need only
be paved.
(8)
Parking within unimproved or landscaped areas is prohibited.
(9)
Driveway and parking areas for a one-lot single-family
development must also be paved.
(10)
For temporary outdoor activities and seasonal
sales, parking may be temporarily reduced.
(11)
Clear visibility for all interior drive aisles
should be maintained to avoid pedestrian/vehicular conflicts. The
parking design should be configured to reduce speed.
(12)
Parking lots shall provide adequate lighting
to ensure safety and deter potential crime. All lighting shall be
shielded from adjacent properties.
(13)
Except when provided by participation in a joint
parking project or management program, property used for required
parking shall be adjacent to and under the same ownership as the generating
use.
(14)
Except for emergency repairs only, no motor
vehicle repair work shall be permitted in required parking areas.
B.
Parking requirements.
(1)
Parking shall be provided in accordance with Table 325-80-1, Schedule for Parking Requirements, unless a program, incentive, or alternative is provided per § 325-80C.
(2)
The Zoning Officer shall determine the number of spaces
required for analogous uses based on the parking required for similar
uses. Except for shopping centers where a combination of uses exists
on the same lot, the minimum required number of on-site parking spaces
shall be the sum of the requirements of the individual uses.
(3)
The storage of unlicensed and inoperable vehicles
is prohibited within required parking spaces and public rights-of-way,
or within private streets or easements, and outside storage of such
vehicles shall only be in conjunction with a licensed business for
such a use or for automobile repair or storage.
(4)
When calculations of the number of required spaces
result in a fraction, the space requirements shall be rounded upward
to the next whole space.
(5)
For the purpose of computing parking requirements
based on the number of employees, calculations shall be based on the
largest number of persons working on any single shift.
(6)
When existing garages and covered parking areas which
used to satisfy on-site parking requirements are converted to living
space, the required off-street parking shall be provided elsewhere
on site.
|
Table 325-80-1. Schedule of Parking Requirements
| |||
|---|---|---|---|
|
Use
|
Minimum Parking Spaces
| ||
|
RESIDENTIAL
| |||
|
Single-family residences
|
1 per unit
| ||
|
Two-family residences
|
1.5 per unit
| ||
|
Multifamily dwellings:
| |||
|
Single-room occupancy unit or one-bedroom unit
|
1.25 per unit
| ||
|
Two-bedroom unit
|
1.75 per unit
| ||
|
Units with more than two bedrooms
|
2 per unit
| ||
|
Visitor parking
|
1 per 5 units
| ||
|
Manufactured home parks:
| |||
|
Dwellings
|
2 per unit
| ||
|
Visitor parking
|
1 per 5 units
| ||
|
Recreational vehicle or boat parking
|
1 per 6 units
| ||
|
Recreational vehicle parks
|
1 per 5 units
| ||
|
Assisted- or independent-living facility
|
1 per 6 beds, plus 1 per employee
| ||
|
Bed and breakfast
|
1 per guest room, plus 2
| ||
|
Dormitory, boarding house
|
0.5 per room or 120 square feet of floor area,
whichever is greater
| ||
|
Manager's residence
|
1 per unit
| ||
|
INSTITUTIONAL
| |||
|
Church (see place of worship)
| |||
|
Congregate care facility
|
1 per 3 beds, plus 1 per employee
| ||
|
Hospitals
|
1.5 per bed
| ||
|
Medical/dental offices and clinics
|
4 per 1,000 square feet
| ||
|
Place of worship
|
10 per 1,000 square feet, except for living
quarters, 0.5 per bedroom; however, facilities for the use of a cloistered
religious community (monastery, etc.) need only provide required bedroom
parking
| ||
|
COMMERCIAL/RETAIL SERVICE
| |||
|
Adult theaters
|
1 per 90 square feet but not less than 15
| ||
|
Adult bookstores and sex novelty shops
|
3 per 1,000 square feet
| ||
|
Adult entertainment cabarets
|
10 per 1,000 square feet but not less than 15
| ||
|
Automobile sales/automobile auctions
|
2 per 1,000 square feet, plus 1 per 20 vehicle
display spaces provided
| ||
|
Automobile repair
|
5.5 per 1,000 square feet office and repair,
but not less than 5
| ||
|
Automotive maintenance/service stations
|
3 per service bay, plus 4 per 1,000 square feet
accessory retail sales
| ||
|
Bar/lounge/tavern
|
1 per 40 square feet
| ||
|
Car wash, automated (as a principal use)
|
2, plus 1 per employee
| ||
|
Conference center
|
1 per 100 square feet
| ||
|
Financial services
|
4 per 1,000 square feet
| ||
|
Funeral home, mortuary
|
10 per 1,000 square feet but not less than 20
| ||
|
Furniture, appliance, and carpet/flooring stores
|
1 per 1,000 square feet up to 15,000 square
feet, then 1.25 per 1,000 square feet
| ||
|
Grocery stores, convenience markets
|
4 per 1,000 square feet
| ||
|
Hotels, motels (including office, lobby, and
time-share, but not including resort hotels)
|
1 per guest room up to 500, plus 1 per 2 guest
rooms over 500 up to 1,000, plus 1 per 4 guest rooms over 1,000, plus
1 per 65 square feet for restaurants, plus 1 per 85 square feet of
banquet area on the same premises.
| ||
|
Office
|
4 per 1,000 square feet
| ||
|
Plant nurseries, building materials, equipment
rental or sales yards, and similar uses
|
2 per 1,000 square feet, plus 1 per 2,500 square
feet of outdoor display
| ||
|
Resort hotels, includes time-share and all accessory
uses, including convention facilities (except for amusement parks
and stadiums or arenas)
|
(Requirement includes areas accessing rooms)
1 per guest room up to 500, plus 1 per 2 guest rooms over 500 up to
1,000, plus 1 per 4 guest rooms over 1,000, plus 6 per 1,000 square
feet for all areas accessible to the public except convention facilities,
plus 1 per 10,000 square feet for convention facilities and areas
not accessible to the public
| ||
|
Restaurant, counter service
|
1 per 85 square feet
| ||
|
Restaurant, fast food
|
1 per 50 square feet
| ||
|
Restaurant, outdoor cafe
|
1 per 85 square feet
| ||
|
Restaurant, sit-down
|
1 per 65 square feet, plus 1 per 85 square feet
of banquet area
| ||
|
Retail uses, such as shopping centers, freestanding
restaurants or places of worship within a shopping center, personal
services, banquet facilities, auctions, showrooms in conjunction with
retail uses, appliance repair shops, and amusement arcades
|
4 per 1,000 square feet
| ||
|
EDUCATIONAL
| |||
|
Child care or day care
|
4 per 1,000 square feet with designated drop-off,
and stacking space
| ||
|
Elementary and middle schools
|
1 per classroom, plus 4 per 1,000 square feet
of office space
| ||
|
High schools
|
7 per classroom, plus 4 per 1,000 square feet
of office space,
| ||
|
or
| |||
|
1 per 90 square feet of gymnasium/auditorium,
whichever is greater
| |||
|
Colleges/universities
|
1 space per 2 employees, plus 1 space per 3
students, based on maximum enrollment,
| ||
|
or
| |||
|
1 per 90 square feet of gymnasium/auditorium,
whichever is greater
| |||
|
Other, such as vocational, trade, music, business,
sports (karate)
|
2 per 1,000 square feet of classroom area, plus
4 per 1,000 square feet of office space
| ||
|
CULTURAL/ENTERTAINMENT
| |||
|
Amusement parks
|
1 per 600 square feet of all acreage within
the perimeter wall, or 3 per hole for miniature golf
| ||
|
Billiard halls
|
1 per 90 square feet
| ||
|
Bowling alleys
|
4.5 per lane
| ||
|
Club/lodge
|
10 per 1,000 square feet
| ||
|
Community or recreation buildings not accessory
to a residential use
|
4 per 1,000 square feet
| ||
|
Convention facilities, not in conjunction with
a resort hotel
|
2 per 1,000 square feet
| ||
|
Dance halls, skating rinks, and similar recreational
uses
|
10 per 1,000 square feet
| ||
|
Golf course
|
2.5 per 1,000 square feet in main building,
plus 1 per 2 tees in driving range, plus 4 per green in playing area
| ||
|
Health or fitness studio
|
5 per 1,000 square feet
| ||
|
Library
|
3.3 per 1,000 square feet
| ||
|
Museums
|
3.3 per 1,000 square feet
| ||
|
Stadiums and arenas
|
1 per 4 seats, or 8 feet of bench length
| ||
|
Tennis clubs as a principal use
|
3 per court in addition to other uses
| ||
|
Theaters, movie theaters
|
1 per 4 seats, or 1 per 90 square feet of the
entire facility
| ||
|
TECHNICAL
| |||
|
Distribution centers (any building within a
complex not meeting the definition shall meet the parking requirements
per the manufacturing, industrial, warehousing requirement)
|
1 per 1,000 square feet for up to 125,000 square
feet, 1 per 2,000 square feet if over 125,000 square feet
| ||
|
Manufacturing, industrial, warehousing, including
showrooms in conjunction with industrial uses
|
2 per 1,000 square feet including such as office
uses
| ||
|
Outside storage, automobile dismantling, salvage
yards
|
1 per 7,000 square feet up to 42,000 square
feet plus 1 for every 42,000 square feet additional, but no less than
3 spaces, in addition to spaces required for offices
| ||
|
Warehouses, mini
|
5 spaces in the vicinity of the leasing office
and minimum drive aisles of 27 feet adjacent to all storage unit doors
| ||
|
For all uses not listed, unless similar to uses
listed above
|
1 per 1,000 square feet
| ||
C.
Programs and incentives to reduce parking requirements.
The following programs and incentives are provided where the basic
parking requirements of this chapter would be excessive or detrimental
to the land use or transportation goals and policies of the Township
of Ridley and the County of Delaware.
(1)
Credit for bicycle or motorcycle parking facilities.
The Zoning Officer may authorize credit towards on-site parking requirements
for all uses, except residential uses, for the provision of bicycle
or motorcycle facilities subject to the following guidelines:
(a)
Credit may be granted at a rate of one vehicular
space per every four spaces when the spaces are within a secured area.
(b)
Wherever shower and changing facilities for
bicyclists are provided, credit may be granted at the rate of two
vehicular spaces per one shower in addition to the credit.
(c)
The number of vehicular spaces required shall
not be reduced by more than 5% or 10 spaces, whichever is less.
(d)
If provided, the parking facility shall be a
minimum of two feet by six feet in size, unless a premanufactured
bicycle rack or locker differs from this dimension, in which case
the dimension of the premanufactured rack or locker shall suffice.
(e)
The area designated for bicycles shall be striped
and/or signed.
(2)
Mixed uses. Developments, including mixed-use developments,
which allow parking spaces to be shared by various land uses that
operate at different times from one another throughout the day, are
permitted per Table 325-80-2, Schedule of Parking Calculations, below.
A minimum of two uses is required to apply the calculations established
in Table 325-80-2.
(a)
When residential development is established
in conjunction with nonresidential development, visitor parking is
not required with a shared parking agreement.
(b)
Mixed-use developments may utilize off-site
parking when a clear and safe pedestrian connection links the use
to the parking area. The off-site parking area must be within 150
feet of the development.
(c)
Special uses, such as stadiums and arenas, may request alternative parking standards per § 325-80C(3).
(d)
On-street parking is allowed on private streets
and may be counted towards required parking for the development with
a shared parking agreement.
|
Table 325-80-2. Schedule of Parking Calculations.
| ||||||
|---|---|---|---|---|---|---|
|
Weekdays
|
Weekends
| |||||
|
Use:
|
Midnight-7:00 a.m.
|
7:00 a.m.-6:00 p.m.
|
6:00 p.m.-Midnight
|
Midnight-7:00 a.m.
|
7:00 a.m.-6:00 p.m.
|
6:00 p.m. Midnight
|
|
Office/ industrial
|
5%
|
100%
|
5%
|
0%
|
60%
|
10%
|
|
Retail
|
0%
|
100%
|
80%
|
0%
|
100%
|
60%
|
|
Residential
|
100%
|
55%
|
85%
|
100%
|
65%
|
75%
|
|
Restaurant
|
50%
|
70%
|
100%
|
45%
|
70%
|
100%
|
|
Hotel
|
100%
|
65%
|
90%
|
100%
|
65%
|
80%
|
|
Cinema/ theater
|
0%
|
70%
|
100%
|
5%
|
70%
|
100%
|
|
NOTE: How to use the parking schedule: calculate
the number of spaces required for each use if it were freestanding
(refer to Table 325-80-1, Schedule of Parking Requirements). Applying
the applicable general use category above to each proposed use, use
the percentages to calculate the number of spaces required for each
time period (six time periods per use). Add the number of spaces required
for all applicable uses to obtain a total parking requirement for
each time period. Select the time period with the highest total parking
requirement and use that total as the shared parking requirement.
| ||||||
(3)
Alternative parking standards.
(a)
An alternative quantity of required parking
can only be considered with an application to the Zoning Hearing Board
for a special exception for a waiver of standards. A traffic analysis
performed by a competent professional shall be submitted with the
application which documents how any reductions were calculated and
what assumptions such calculations were based upon and substantiates
that the proposed use will require fewer spaces than required by Table
325-80-1. Upon approval of a waiver of parking standards, the traffic
analysis and any conditions of approval of the analysis and waiver
shall be recorded against the property by the owner and shall be disclosed
to potential lessees of the property. Factors which may justify the
approval of such a waiver are:
[1]
The adoption of transportation demand management
(TDM) techniques such as car pools, van pools, bicycles, employer
transit subsidies, compressed work hours, and high occupancy vehicle
(HOV) parking preferences.
[2]
Appropriate site planning techniques to reduce
environmental problems and to facilitate the Township of Ridley's
and County of Delaware's compliance with the Federal Clean Air Act
Amendments of 1990, such as, but not limited to, pedestrian connections
and reduced impervious surfaces.
[3]
Available off-site parking which is determined
to be available for the proposed use and may be accomplished by an
off-site parking agreement or an on-site reciprocal parking agreement.
[4]
Evidence within a parking study that demonstrates,
based on data and studies performed by organizations such as the Institute
of Traffic Engineers and/or on the study of other similar uses within
the community or within like communities, that the number of required
spaces is not applicable to a particular situation.
D.
Design and layout of parking.
(1)
Parking space dimension minimums.
(a)
Vehicular. Parking spaces shall meet the following
minimums, exclusive of drives, streets, alleys or aisles, giving ingress
and egress:
[1]
Automobile, other accessible spaces, nine feet
wide by 18 feet long.
[2]
Recreational vehicle spaces, 10 feet wide by
22 feet long.
[3]
Commercial vehicle spaces, 10 feet wide by 25
feet long, with a minimum 14 feet of vertical clearance.
[4]
Overhangs of up to one foot into landscaped
areas, or over private sidewalks five feet or more in width, may be
counted as part of the required length.
[5]
For parking garages, carports, or similar structure,
the front or rear 1/3 of the space may have a one-foot side intrusion
for columns or similar structures.
(2)
Vehicular parking layout. Minimum layout dimensions
are established in Table 325-80-3 which shall apply to all required
on-site parking areas.
(3)
Design and improvement standards.
(a)
If provided, spaces designated for carpools,
vanpools, and other high occupancy vehicles shall be located with
priority over all other vehicular parking except for mobility impaired
accessible parking.
(b)
All parking, drive aisle, and other areas subject
to vehicular access or used for the parking, maneuvering, or storing
of motor vehicles, equipment, or materials shall be paved in accordance
with plans approved to ensure proper drainage.
(c)
Except for single-family dwellings exiting onto
local or private streets, the parking space or lot shall be designed
so that exiting vehicles will not be required to back out across any
sidewalk and onto a street.
(d)
All on-site parking facilities shall have access
to a street through a system of drive aisles and/or easements.
(e)
Required on-site parking shall not be located
within a dedicated state right-of-way unless approved by the Pennsylvania
Department of Transportation.
(f)
No parking space shall be located so as to require
the moving of any vehicle on the premises in order to enter or leave
any other space, except in conjunction with single-family residences,
and valet parking in conjunction with commercial uses, which can be
approved if the development provides 150 or more parking spaces, no
more than 30% of the total number of required spaces are designed
as tandem spaces (end-to-end parking), and a valet parking attendant
is on duty during business hours.
(g)
Except in single-family residential development,
whenever practical, parking in a drive aisle connecting the public
right-of-way with a parking area or garage shall not be permitted
on or adjacent to the drive aisle.
(h)
Parallel spaces are to be discouraged and are
permitted only when another design is impractical due to the limited
size and configuration of the lot as approved by the Township of Ridley
Board of Commissioners in conjunction with any land use application.
(i)
Walls, fences or landscaping provided shall
be adequately protected from damage by vehicles using the parking
lot and shall be kept in good repair at all times.
(j)
Vehicular spaces shall be designed in accordance
with Table 325-80-3 and Figure 325-80-3 below.
(k)
Dead end parking areas exceeding 20 spaces 10
per side of a drive aisle) shall provide a standard size parking space,
striped and assigned "No Parking," for a turnaround or equivalent
design.
(l)
A customer and/or employee entrance shall be
provided for all building face(s) adjacent to a particular parking
area.
|
Table 325-80-3. Automobile Parking
Layout
| |||||||
|---|---|---|---|---|---|---|---|
|
Parking Angle
(degrees)
|
Stall Width(feet)
|
Vehicle Projection (A)(feet)
|
Aisle Width (B) One way/Two way(feet)
|
Typical Module (C) One way/Two
way(feet)
|
Overhang (D) (feet)
|
(E)(feet)
|
Curb Length (F)(feet)
|
|
0 (parallel)
|
9
|
9
|
12/20
|
N/A
|
N/A
|
0
|
21
|
|
45
|
9
|
19.09
|
13/20
|
51.2/58.2
|
2.1
|
9
|
12.73
|
|
50
|
9
|
19.57
|
14/20
|
53.1/59.1
|
2.3
|
7.55
|
11.75
|
|
55
|
9
|
19.91
|
15/20
|
54.8/59.8
|
2.5
|
6.30
|
10.99
|
|
60
|
9
|
20.09
|
16/20
|
56.2/60.2
|
2.6
|
5.20
|
10.39
|
|
65
|
9
|
20.12
|
17/20
|
57.2/60.2
|
2.8
|
4.20
|
9.93
|
|
70
|
9
|
19.99
|
18.5/20
|
58.5/60
|
2.8
|
3.28
|
9.58
|
|
75
|
9
|
19.72
|
20/20
|
59.5/59.5
|
2.9
|
2.41
|
9.32
|
|
90
|
9
|
18
|
24/24
|
60/60
|
0
|
0
|
9
|
|
NOTE: Overhangs of up to one foot into
landscaped areas, or over private sidewalks five feet or more in width,
may be counted as part of the required stall length.
| |||||||
 |
E.
Mobility impaired accessible spaces.
(1)
Required spaces. In order to provide accessibility
to facilities for people with mobility impairments, accessible parking
shall be provided as shown on Table 325-80-4, Schedule of Accessible
Parking, except for residential buildings with fewer than three dwelling
units and for the following uses which shall provide the specified
percentage of accessible spaces of the total parking spaces provided:
(a)
Medical care occupancies specializing in the
treatment of persons with mobility impairments: 20%.
(b)
Occupancies providing outpatient medical care
facilities: 10%.
(c)
Apartment buildings containing accessible or
adaptable dwelling units: 2%. Where parking is provided within or
beneath a building, accessible spaces shall also be provided within
or beneath the building.
(2)
Accessible space and access design.
(a)
Accessible parking spaces shall be located on
the shortest possible accessible route from adjacent parking to an
accessible building entrance. In facilities with multiple accessible
building entrances with adjacent parking, accessible spaces shall
be generally dispersed and located near the accessible entrances.
An exception is provided for van accessible spaces, which may be located
on one level of a multilevel parking structure. The minimum width
of said accessible route shall be no less than three feet.
(b)
Accessible exterior routes shall be provided
from public transportation stops, accessible parking, accessible passenger
loading zones, and public sidewalks to the accessible building entrance
they serve.
(c)
When more than one building or facility is located
on a site, at least one accessible route shall connect accessible
elements, facilities, and buildings that are on the same site. The
accessible route between accessible parking and accessible building
entrances shall be the most practical direct route.
(d)
Accessible spaces, van accessible spaces, access
aisles, access routes, and passenger loading zones shall be paved,
and designed and marked in accordance with the most current adopted
American National Standard published by the American National Standards
Institute.
(3)
Interpretation. The Building Official shall interpret and enforce the above § 325-80E(1) and (2) of this chapter.
(4)
Waivers. No waivers or variances to this subsection
are permitted.
|
Table 325-80-4. Schedule of Accessible
Parking
| ||
|---|---|---|
|
Total Parking Spaces
|
Number of Accessible Spaces Required*
| |
|
Up to 100
|
1 per 25 spaces
| |
|
101 to 200
|
1 per 50 spaces
| |
|
201 to 500
|
1 per 100 spaces
| |
|
501 to 1,000
|
2% of total spaces
| |
|
Over 1,000
|
20, plus 1 per 100 spaces or fraction thereof
| |
|
NOTES:
| |
|
* One van accessible space with a minimum vertical
clearance of 98 inches shall be provided for every eight accessible
parking spaces or fraction thereof.
|
F.
On-Site loading requirements.
(1)
Spaces required. Every use involving the receipt or
distribution by vehicle of material or merchandise shall provide adequate
space for standing, loading and unloading in order to avoid undue
interference with public use of streets in accordance with Table 325-80-5,
Schedule of Loading Space Requirements, below.
(2)
Design and improvement standards. Off-street loading areas shall be developed in accordance with the standards in § 325-80D.
(a)
The minimum size of a loading space shall be
at least 10 feet in width, 25 feet in length, with a fourteen-foot
vertical clearance.
(b)
Loading spaces shall be designed with appropriate
means of vehicular access to a street in a manner which does not require
backing from or to the public right-of-way, will not interfere with
on-site traffic movement and which will not restrict the access of
surrounding uses. At a minimum, the following areas for access and
maneuvering shall be provided:
[1]
Access aisles. A width of at least 18 feet shall
be provided for one-way aisles and 24 feet for two-way aisles.
[2]
The loading berth shall be located adjacent,
or as close as possible, to the main structure.
[3]
Loading areas shall be designed with loading
docks setback, screened and buffered to minimize noise and disruption
to adjacent residential uses. Screening shall be of sufficient height
and length to completely screen the vehicles, consisting of wing walls,
depressed loading docks, increased landscaping, setback, walls, similar
structures, or any combination.
|
Table 325-80-5. Schedule of Loading Space
Requirements
| ||
|---|---|---|
|
Use
|
Loading Spaces Required Per Square Footage
of Gross Floor Area
| |
|
Hotels, motels, hospitals, elementary/middle/high
schools, colleges/universities, theaters
|
Under 12,000: 0
| |
|
12,000 to 120,000: 1, plus 1 per 120,000 over
120,000
| ||
|
Assisted living congregate care
|
Under 100,000: 0
| |
|
100,000 to 200,000: 1, plus 1 per 200,000 over
200,000
| ||
|
Personal services
|
1 for first 12,000, plus 1 over 12,000
| |
|
Restaurants
|
Under 25,000: 1
| |
|
25,000 to 40,000: 1
| ||
|
40,000 to 120,000: 1 plus 1 for each additional
200,000
| ||
|
Retail sales
|
Under 5,000: 0
| |
|
5,000 to 15,000: 1
| ||
|
15,000 to 40,000: 1, plus 1 for each additional
50,000
| ||
|
Industrial, warehouse
|
Under 5,000: 0
| |
|
5,000 to 12,000: 1
| ||
|
12,000 to 30,000: 1
| ||
|
30,000 to 120,000: 1, plus 1 for each additional
120,000
| ||
|
Office
|
Under 30,000: 0
| |
|
30,000 to 120,000: 1, plus 1 for each additional
120,000
| ||
G.
Alternative loading standards. An alternative layout
and number of required loading facilities shall only be considered
with a special exception waiver of standards application to the Zoning
Hearing Board. A site operations study, performed by a registered
civil engineer licensed to practice in the State of Pennsylvania shall
be submitted with the application which documents the basis of any
suggested reduction in the number of loading facilities, and demonstrates
how the alternative layout will meet the site access and site buffering
requirements of this chapter. Factors which may justify the approval
of such a waiver are:
(1)
The ability of the proposed design to adequately buffer
adjacent development and street views of the loading area.
(2)
The ability of the proposed design to accommodate
anticipated loading requirements of the use.
(3)
Evidence that demonstrates that the number and layout
of the loading area as required by this chapter is not applicable
to this particular situation based upon the study of similar uses
within the community or like communities.
(4)
Evidence of the unique characteristics of an individual
site, including those created by the shape and location of property,
design of existing or proposed structures, the operation of the uses
proposed for the site or its ownership which require the application
of alternative standards.
Amusement centers, including but not limited
to bowling alleys, skating rinks, dance halls and similar uses, shall
provide proper parking areas with vehicular circulation designed so
as to minimize traffic congestion, shall not be closer than 10 feet
to any property line, shall provide adequate screening from any residential
or apartment district, and shall prevent offensive noise, vibration
and lighting.
No animal hospital, veterinary clinic and kennel
shall be located closer than 100 feet to any residential or apartment
district, or existing restaurant, hotel, motel or apartment. Adequate
measures shall be taken to prevent offensive noise and odor.
Farm animals other than customary pets shall
not be kept in residential or apartment districts. Household pets
shall be limited to four combined per family in residential and apartment
districts, except for household pet litters which are exempt for a
six-month period.
A.
Adjacent to selected uses or districts. No billboard
shall be permitted within 1,000 feet of any area designated A Residential
District, B Residential District, or C Residential District or facing
any public or parochial school, library, church, hospital or similar
institutional use of closer than 200 feet.
B.
Spacing. No two billboards shall be located closer
to one another than 120 feet.
C.
Size. The total surface area of any billboard, exclusive
of structural supports and trim, shall not exceed 700 square feet.
D.
Height. No billboard shall project above the height
limit of structures in the district in which it is located.
E.
Maintenance. All billboards shall be maintained in
good condition, as determined by the Zoning Officer. Otherwise they
shall be ordered removed, after due notice.
F.
Illumination and movement. If illuminated, the light
shall be confined to the surface of the billboard which shall be located
and arranged as to avoid glare or reflection onto any portion of any
street or highway or into the path of oncoming vehicles, or into adjacent
properties. Flashing or moving billboards shall not be permitted in
any district.
[Amended 9-26-2007 by Ord. No. 1906]
A.
Legislative intent. Gasoline service stations are
a necessity for the continued economic function of the Township. However,
responsible legislation is necessary to properly integrate such stations
into the local community and the Township's land use patterns and
to regulate station development and design to preserve and advance
the public health, safety and welfare. The Ridley Township Board of
Commissioners seeks to regulate the location, design and use of current
and future gasoline service stations. The regulations are intended
to conserve property values, create a more attractive and effective
economic and business climate, prevent blight, encourage the most
appropriate use of current and future gasoline station sites, improve
the aesthetic environment of the Township and fully integrate gasoline
stations into the community.
B.
AUTOMOTIVE ACCESSORY ITEMS
CONVENIENCE STORE
FUELING POSITION
GASOLINE SERVICE STATION
KIOSK
MAJOR COMMERCIAL THOROUGHFARE
MINOR REPAIRS
PRODUCT DISPENSER
PUBLIC GARAGE
PUMP ISLAND
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Products directly related to the maintenance of vehicles
designed and/or used, in whole or in part, for travel upon public
and private roadways, such as oil, transmission fluid, brake fluid,
polish, wax, fuel additives and treatments, wipers, tires, batteries,
windshield washing fluid, cleaning fluids and/or substantially similar
items.
An establishment offering the retail sale of household consumer
merchandise. A maximum size for a convenience store shall be 5,500
square feet with a maximum of 5,000 square feet of retail area.
A location at which a single vehicle may be fueled from a
product dispenser.
Any establishment in which the sale or storage of automotive
fuel is the principal activity and/or constitutes a substantial or
significant portion of the goods offered and/or service rendered.
A building no larger than 10 feet in height and 144 square
feet in floor space which is used exclusively for the retail sales
transaction of automotive fuel, kerosene and automotive accessory
items and/or storage. If a kiosk constitutes the principal building
on site, a maximum size of 300 square feet of floor space may be constructed.
Any roadway possessing a state and/or county route number.
A roadway possessing a state and/or county route number for a portion
of its course shall be considered a major commercial thoroughfare
only with regard to such portion.
Incidental maintenance of a vehicle, such as the addition
of vehicular fluids, replacement of wiper blades or substantially
similar activity.
A device that dispenses automotive fuel and/or kerosene.
A product dispenser may contain multiple hoses or be capable of serving
more than one fueling position simultaneously.
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, renting, parking or storing
motor vehicles.
A concrete platform measuring a minimum of six inches in
height from the paved surface on which product dispensers are located.
C.
Regulations for gasoline service stations.
(1)
Premises occupied as a gasoline service station shall
conform with the following criteria:
(a)
The parcel shall be located at intersections
along major commercial thoroughfares.
(b)
The zoning classification for the parcel is
C-2 General Commercial, I Industrial and/or IHC Industrial Heritage
Corridor.
(c)
The parcel possesses a minimum lot area of 7,500
square feet.
(d)
The parcel possesses a minimum street frontage
of 100 feet along the abutting major commercial thoroughfare and 100
feet along the abutting street.
(2)
Any parcel occupied as a gasoline service station
shall be prohibited from conducting any use/or operation except:
(a)
The storage and retail sale of automotive fuel
and kerosene.
(b)
The retail sale of automotive accessory items.
(c)
Minor repairs.
(d)
The retail sale of over-the-counter consumer
merchandise that shall be limited to 12 square feet.
(e)
Secondary use or uses duly approved as a special
exception.
(3)
Further, in addition to other nonpermitted uses, the
following activities shall be strictly prohibited on any parcel containing
a gasoline service station:
(a)
The sale, lease, storage or display of new or
used vehicles. However, the outdoor storage of a vehicle awaiting
minor repairs is permissible in designated areas for a period of not
more than 24 hours.
(b)
Outdoor storage and/or display of new and/or
used automobiles, boats, automobile parts or other merchandise except
for small sample displays of automotive accessory items, not including
batteries or tires, located adjacent to the principal building or
on the pump islands.
(c)
Outdoor storage of tires and/or trash. An area
enclosed by a wall, fence or vegetative material and screened from
view of adjoining properties shall be provided whenever outdoor storage
is required. No materials may be stored so as to create a fire hazard.
(d)
Any outdoor use involving fire, sparks or a
high level of heat, or any use involving fuel from portable fuel tanks.
(e)
The sale and/or display of any merchandise out
of a trailer or truck.
(f)
Junkyards and/or parts scavenging services.
(g)
Outdoor storage and/or display of vending machines,
except those located directly adjacent to the walls of the principal
building. A total number of four vending machines shall be permitted
per site. Vending machines shall not include public telephones or
air dispensers.
D.
Secondary uses.
(2)
In order to apply to conduct one secondary use on
a parcel occupied as a gasoline service station, such parcel must
contain a minimum lot area of 7,500 square feet.
(3)
In order to apply to conduct more than one secondary
use on a parcel occupied as a gasoline service station, such parcel
must contain a minimum lot area of 12,500 square feet.
(4)
The Zoning Hearing Board shall have the authority
to impose such reasonable conditions and restrictions as are related
to and incidental to the proposed special exception use(s). Such conditions
shall be consistent with the spirit and intent of this chapter and
shall be imposed for the purpose of minimizing any adverse impact
such relief may have on the neighborhood or community, and to protect,
preserve and advance the intent of this chapter.
E.
Dimension requirements. A parcel occupied as a gasoline
service station must conform to the following restrictions:
(1)
There shall be a minimum front yard setback of 30
feet along each street, with the exception of canopies, which must
be set back a minimum of 20 feet.
(2)
There shall be a minimum rear yard setback of 30 feet
and a minimum side yard setback of 20 feet. However, if the parcel
borders a residential district or property occupied with a residential
use, there shall be a minimum rear yard or side yard setback of 50
feet.
(3)
No building shall be greater than one story or 25
feet in height. No accessory structure, including canopies, shall
be greater than 20 feet in height.
(4)
The principal building shall occupy no more than 15%
of the lot. If a secondary use is performed on the site, the principal
building shall occupy no more than 25% of the lot. There shall be
a total building area limit of 30% of the lot. However, the area covered
by any canopy shall not be included in these calculations of lot coverage,
provided that the canopy covers only the pump islands, product dispensers,
fueling positions, kiosk and/or the area between the fueling positions
and the principal building.
(5)
Fuel tanks shall be set back a minimum of 10 feet
from any building and/or structure, including the product dispensers
and pump islands. Fuel tanks shall be set back a minimum of 20 feet
from any property line and/or right-of-way.
(6)
All product dispensers shall be setback a minimum
of 20 feet from any other product dispenser located on parallel pump
islands, as well as from the primary building and any building containing
any secondary use. Such distance shall be measured from pump island
to parallel pump island, and from pump island to the curbing surrounding
the building or to the building itself, whichever is nearer. However,
product dispensers need only be set back four feet from a kiosk located
on the same pump island.
(7)
All product dispensers shall be located a minimum
of 20 feet from all product dispensers located along the same line
of vehicular flow. Such distance shall be measured from center of
product dispenser to center of product dispenser.
(8)
If kerosene and/or diesel fuel is sold on the premises,
the service pump dispensing kerosene and/or diesel fuel shall dispense
kerosene and/or diesel fuel only.
F.
Buffers and landscaping.
(1)
The minimum landscaped area shall be a ten-foot-wide
suitable planted strip running along the front yards of the site.
(2)
There shall be a planted buffer along the border with
any parcel zoned or used for residential purposes. The planted buffer
shall be a minimum of 30 feet wide and shall contain evergreens that
are at least six feet in height when planted and set six feet apart.
G.
Parking and vehicular access.
(1)
The following criteria shall exist as additional requirements
for any driveways provided and maintained on any parcel used as a
gasoline service station:
(a)
Driveways shall have a minimum offset of 25
feet from the intersection of street right-of-way lines.
(b)
Driveways shall have a minimum offset of 10
feet from any side lot line.
(c)
Driveways shall have a minimum width of 12 feet
and a maximum width of 35 feet.
(d)
Driveways on the same lot shall have a minimum
separation of 25 feet.
(2)
The following criteria shall exist as additional requirements
for any parking spaces provided and maintained on any parcel used
as a gasoline service station:
(a)
A parcel that contains no secondary uses shall
provide one parking space for each 200 square feet of building area,
with a minimum of three parking spaces.
(b)
A parcel that contains a convenience store shall
provide one parking space for each 200 square feet of building area,
with a minimum of four parking spaces.
(c)
A parcel that contains a public garage shall
provide one parking space for each 200 square feet of building area,
with a minimum of five parking spaces.
(d)
A parcel that contains a convenience store and
a public garage shall provide one parking space for each 200 square
feet of building area, with a minimum of six parking spaces.
(e)
A fully automated car wash shall not require
any additional on-site parking. However, a fully automated car wash
must provide a minimum of two vehicular stacking spaces outside the
entrance to the car wash.
H.
Lighting. Any and all lighting shall be designed to
shine away from any other property and/or be suitably shielded. No
more than one foot-candle from any and all lighting shall intrude
into residentially zoned or used property measured 10 feet onto the
residentially zoned or used property.
I.
Signs. The following criteria shall exist as additional
requirements on any sign erected or maintained on a parcel used as
a gasoline service station:
(1)
The price/grade signs must at all times accurately
reflect the actual price of automotive fuel and kerosene being offered
for sale.
(2)
Signs bearing the corporate insignia and/or brand
name of the gasoline sold and/or type of services available on site
(i.e., full-service and/or self-service) shall be the only signs permitted
on the canopy.
(3)
Signs affixed to or incorporated into the canopy shall
not face residentially zoned or residentially developed properties.
(4)
One additional sign, measuring no larger than 24 inches
by 24 inches or four square feet, and having a depth of no more than
one inch, shall be allowed at each product dispenser which identifies
said product dispenser and/or pump island as providing full-service
and/or self-service.
J.
Alterations of nonconforming gasoline service stations.
(1)
A parcel used as a gasoline service station and which meets the following criteria, but does not satisfy the criteria specified in Subsections C through J above, may only be altered, reconstructed and/or modified pursuant to a special nonconforming alteration permit issued by the Zoning Hearing Board. Such permit shall be issued if the Zoning Hearing Board finds the following:
(a)
The underlying zoning classification for such
parcels is C-1 Neighborhood Commercial, C-2 General Commercial, I
Industrial and/or IHC Industrial Heritage Corridor;
(b)
The parcel is located at an intersection along
a major commercial thoroughfare and possesses a minimum of 100 feet
of frontage along the major commercial thoroughfare:
(c)
The parcel is not less than 7,500 square feet
in area;
(d)
The parcel remains of a size, shape and location
as to reasonably accommodate the use thereof as a gasoline service
station and any proposed secondary use;
(e)
The use as a gasoline service station and any
proposed secondary use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts;
(f)
The use as a gasoline service station and any
proposed secondary use will not prevent the orderly and reasonable
use of permitted or legally established uses in the district wherein
the proposed use is to be located or of permitted or legally established
uses in adjacent use districts;
(g)
The safety, health, welfare, comfort, convenience
or order of the Township will not be adversely affected by the proposed
use as a gasoline station and any proposed secondary use and its location;
and
(h)
The use as a gasoline station and any proposed
secondary use will be in harmony with and promote the general purposes
and intent of this chapter.
(2)
The Zoning Hearing Board shall have the authority
to impose such reasonable conditions and restrictions as are related
to and incidental to the proposed use of the property as a gasoline
service station and any proposed secondary use. Such conditions shall
be consistent with the spirit and intent of this chapter and shall
be imposed for the purpose of minimizing any adverse impact such relief
may have on the neighborhood or community, and to protect, preserve
and advance the intent of this chapter.
K.
Discontinuation of permitted gasoline service stations.
Should the use of any parcel as a gasoline service station cease or
be discontinued for six months or more or be abandoned for 30 days
or more, any structure related to the use as a gasoline service station,
including but not limited to fueling dispensers, storage tanks, freestanding
ground signs, canopies and kiosks, shall be removed within 30 days
after such cessation or discontinuance. However, such shall not be
deemed to require the removal of any building and/or structure which
may be converted to a legal conforming use, provided that such conversion
is significantly initiated within 30 days of cessation or discontinuance
and is completed within six months. The Zoning Hearing Board for good
cause shown may grant an extension of the time frames set forth in
this subsection, not to exceed an additional one year.
L.
Discontinuation of nonconforming gasoline service
stations.
(1)
Should the nonconforming use of any parcel as a gasoline
service station cease or be discontinued for six months or more or
be abandoned for 30 days or more, such nonconforming use shall be
deemed to have expired and may not be reinstated.
(2)
Any building and/or structure relating to the use
as a gasoline service station, including but not limited to fueling
dispensers, canopies, storage tanks, freestanding ground signs and
kiosks, shall be removed within 30 days as to such cessation or discontinuance.
However, such shall not be deemed to require the removal of any building
and/or structure which may be converted to a legal conforming use,
provided that such conversion is significantly initiated within 30
days of cessation or discontinuance and completed within six months.
The Zoning Hearing Board for good cause shown may grant an extension
of the time frames set forth in this subsection, not to exceed an
additional one year.
(3)
Any building or structure which as been damaged by
fire or other cause to the extent of more than 50% of its value, exclusive
of foundations, or 50% of its total building area shall be repaired
or rebuilt only in conformity with the regulations of this chapter
and the Building Code and all other applicable laws, rules and regulations.
A.
Illumination. Where an outdoor recreational use adjoins
or is in a residential zone and uses lighting, it must be so located
and shielded that no objectionable glare or illumination is cast upon
adjoining residential properties.
B.
Screens. Where an outdoor recreational use, other
than a golf course, adjoins or is in a residential zone, trees or
shrubs must be planted on the site of this use so as to form an effective
visual barrier between the outdoor recreational use and adjoining
residential properties.
C.
Swimming pool. Every outdoor swimming pool must conform
to applicable requirement of state law and in addition must be completely
surrounded by a fence or or wall not less than four feet in height,
which shall be so constructed as not to have openings, holes or gaps
larger than six inches in any dimension. All gates or doors openings
through such enclosure shall be equipped with a self-closing and self-latching
device for keeping the gate or door securely closed at all times when
not in actual use, except that the door of any dwelling which forms
a part of the enclosure need not be so equipped.
D.
Private swimming pool. No private swimming pool shall
be constructed closer than five feet to a property line, nor shall
it be constructed in the front yard of any property. For the purposes
of this subsection, a front yard is any area between a building and
a street line. Accessory buildings such as locker rooms, bath houses,
cabanas, shower rooms, toilets and other physical facilities or equipment
incident to the operation of any private swimming pool shall conform
to the requirements of the Ridley Township Building Code[1] and this chapter.
E.
Recreational ramps.
[Added 2-25-2004 by Ord. No. 1852]
(1)
Hours of operation shall be limited from 9:00 a.m.
to 30 minutes after sunset. No lighting is permitted.
(2)
This use shall not be constructed closer than five
feet to a property line nor shall it be constructed in the front yard
of any property.
(3)
No ramps shall exceed six feet in height.
(4)
Screening by use of trees or shrubs must be planted
on the site of this use so as to form an effective visual barrier
between this use and adjoining residential properties.
(5)
The construction of a recreational ramp shall not
create any adverse effect of drainage on adjoining properties.
(6)
Noise shall be kept at such level as to comply in
all respects with the Code of the Township of Ridley.
(7)
Plans must be approved and a building permit issued
by the Building Inspector prior to construction.
[Amended 10-25-2000 by Ord. No. 1808]
See Article XVIII, Adult Entertainment.
No principal building or part thereof shall
be erected within or shall project into any required yard in any district,
except for one-story bay windows, eaves, chimneys, buttresses, cornices,
steps, or ramps; and none of these or similar projections shall encroach
more than three feet into the required yard.
A.
No garage or accessory building that is separated
from the main building shall hereafter be located on a corner lot
unless the same be set back at a distance of five feet greater than
the distance prescribed for a dwelling house, said distance to be
measured from the front property line forming the long side of the
lot. In the case where a dwelling has been set back at a distance
greater than that prescribed under the provisions of this chapter,
the front of the garage or accessory building shall not extend beyond
the front line of the dwelling on the long side of the lot.
B.
All garages, carports and accessory buildings which
are separated from the main building on any lot shall be placed not
less than three feet from any side or rear lot line and behind the
rearmost portion of the principal building and shall not encroach
within the area known as the front building line.
C.
All garages and carports which are separated from
the principal building on any lot shall be no more than one story
and shall not exceed 15 feet in height in the case of a peaked roof
and 10 feet in height in the case of a flat roof. There shall be no
dormers.
D.
Lot coverage.
[Amended 4-20-1995 by Ord. No. 1735]
(1)
The total area of all accessory structure buildings,
including garages and carports, which are separated from the principal
building on any lot shall not cover more than the following percentage
of lots:
|
District
|
Maximum Percentage of Lot Covered
(included within the maximum percentageof
lot area coverage)
| |
|---|---|---|
|
A Residential
|
11%
| |
|
B Residential
|
13%
| |
|
C Residential
|
13%
|
(2)
Under no circumstances shall the width of the accessory
structure be less than 1/2 of its length.
E.
All accessory buildings, except garages and carports,
which are separated from the principal building on any lot shall not
exceed a maximum of 10 feet in height.
[Amended 4-20-1995 by Ord. No. 1735]
F.
No private garage and no accessory building which
is separated from the principal building on any lot shall contain
or have installed central heating systems or plumbing systems which
involve a tie-in to the sanitary sewer system.
G.
No prefabricated metal structure larger than 10 feet
by 12 feet and used as a garage or accessory building shall be installed
or erected in a residential district.
[Added 9-26-2007 by Ord. No. 1930]
[Amended 4-22-1998 by Ord. No. 1782]
The following provisions shall regulate satellite
antennas in the Township.
A.
General regulations. All satellite dishes erected
in the Township of Ridley, regardless of size, shall comply with the
following regulations:
(1)
Satellite dishes shall not be erected in the Township of Ridley without first obtaining a building permit pursuant to the regulations in § 325-110B of this chapter.
(2)
Satellite dishes shall not be erected on fire escapes
or erected in such a way as to impede any fire escape route from a
dwelling.
(3)
To ensure the structural integrity and protect the
public health, safety and welfare, satellite dishes must comply with
all applicable state and local building and electrical codes, as well
as all applicable standards published by the Electronic Industries
Association as amended from time to time. The Code Enforcement Officer
may require submission of any and all manufacturer's instructions,
specifications and other installation requirements to ensure proper
safety standards are observed.
(4)
Satellite dishes shall be painted a neutral color
so as to reduce the visual obtrusiveness, provided that said painting
does not interfere with reception of the equipment.
B.
Small satellite dishes. Satellite dishes 39 inches in diameter or smaller are permitted by right as an accessory use to a dwelling in the Township of Ridley, subject to the general regulations contained in § 325-90A.
C.
Large satellite dishes. The following regulations
shall apply only to satellite dishes greater than 39 inches in diameter.
(1)
Satellite dishes greater than 39 inches in diameter
shall not be installed on the roof of any dwelling or other building.
(2)
Satellite dishes greater than 39 inches in diameter
shall be permitted only in the rear yard of lots of at least 5,000
square feet, at least 10 feet from the rear property line and shall
not exceed 10 feet in diameter.
(3)
All satellite dishes greater than 39 inches in diameter
shall be screened by an appropriate shrubbery barrier or decorative
fence.
A.
The following provisions shall regulate family day-care
homes:
(1)
A family day care home shall provide care for no more
than six children at any time during part of the twenty-four-hour
day, not including the licensee's own and foster children.
(2)
No family day care home shall provide care for more
than two children less than two years of age, including the licensee's
own and foster children.
(3)
The family day care home shall be licensed or registered
by the Pennsylvania Department of Public Welfare (DPW) and by any
other appropriate agencies.
(4)
Only single-family detached dwellings shall qualify
for use as a family day care home.
(5)
Minimum lot size shall be 750 square feet per child,
and in no case shall the lot size be less than that required by the
district in which the facility is located.
(6)
There shall be no structural change to the exterior
of the dwelling to accommodate the family day care home.
(7)
Not less than 40 square feet of indoor play area per
child shall be provided, excluding bathrooms, hallways and other areas
not suited for play.
(8)
There shall be no sign visible from the exterior of
the dwelling for the family day care home.
(9)
Not less than 75 square feet of outdoor play area
per child shall be provided, excluding parking areas, garage areas
or other areas not suited for play.
(10)
Outdoor play activities shall be limited to
the hours between 8:00 a.m. and 7:00 p.m.
(11)
No structured area for active play or play structures
shall be located in a front yard.
(12)
No play structures shall be located within 10
feet of a side or rear lot line.
(13)
A fence at least 48 inches high shall be installed
so as to completely enclose the outside play area. Such fences must
reach the ground to prevent children from crawling underneath.
(14)
Besides the required parking for the dwelling
unit, one off-street parking space is required for the family day-care
use and one off-street parking space is required for each caregiver
who is not a resident of the dwelling. None of the required off-street
parking shall be located within the required front yard.
(15)
Besides the required parking for the family
day-care use, a minimum of one off-street dropoff/pickup area shall
be provided. The off-street dropoff/pickup area shall have a minimum
dimension of nine feet by 18 feet upon a paved driveway access to
the required off-street parking area and may be located within the
required front yard setback.
(16)
Where the above regulations differ from those
of the Pennsylvania Department of Public Welfare (DPW) and any other
applicable state and local building and fire safety codes, the more
stringent regulation shall apply.
B.
The following provisions shall regulate group day-care
homes:
(1)
A group day care home shall provide care for no more
than 12 children at any time during part of the twenty-four-hour day,
not including the licensee's own and foster children.
(2)
The group day care home shall be licensed or registered
by the Pennsylvania Department of Welfare (DPW) and by any other appropriate
agencies.
(3)
Only single-family detached dwellings shall qualify
for use as a group day care home. The portion of the residence where
the children have access shall be used exclusively for children during
the hours the group day care home is in operation or shall be separate
from the usual living quarters of the family of the licensee.
(4)
Not less than 40 square feet of indoor play area per
child shall be provided, excluding bathrooms, hallways and other areas
not suited for play.
(5)
Minimum lot size shall be 750 square feet per child,
and in no case shall the lot size be less than that required by the
district in which the facility is located.
(6)
There shall be no structural change to the exterior
of the dwelling to accommodate the group day care home.
(7)
There shall be a limit of one nonilluminated sign
for the group day care home. The sign shall not exceed six inches
by 18 inches in dimension.
(8)
Not less than 75 square feet of outdoor play area
per child shall be provided, excluding parking areas, garage areas
or other areas not suited for play.
(9)
Outdoor play activities shall be limited to the hours
between 8:00 a.m. and 7:00 p.m.
(10)
No structured area for active play or play structures
shall be located in a front yard.
(11)
No play structures shall be located within 10
feet of a side or rear lot line.
(12)
A solid fence at least six feet high shall be
installed so as to completely enclose the outside play area. Such
fences must reach the ground to prevent children from crawling underneath.
(13)
Besides the required parking for the dwelling
unit, one off-street parking space is required for the group day-care
use and one off-street parking space is required for each caregiver
who is not a resident of the dwelling. None of the required off-street
parking shall be located within the required front yard.
(14)
Besides the required parking for the family
day-care use, a minimum of two off-street dropoff/pickup areas shall
be provided. Each off-street dropoff/pickup area shall have a minimum
dimension of nine feet by 18 feet upon a paved driveway access to
the required off-street parking area, and may be located within the
required front yard setback.
(15)
Where the above regulations differ from those
of the Pennsylvania Department of Public Welfare (DPW) and any other
applicable state and local building and fire safety codes, the more
stringent regulation shall apply.
C.
The following provisions shall regulate child day-care
centers:
(1)
A child day care center shall provide care for children
at any time during part of the twenty-four-hour day, not including
the licensee's own and foster children.
(2)
The child day care center shall be licensed or registered
by the Pennsylvania Department of Public Welfare (DPW) and by any
other appropriate agencies as a family day care home or group day
care home.
(3)
Only premises other than residential dwellings shall
qualify for use as a child day care center.
(4)
No part of a facility may be located within 200 feet
of gasoline pumps or underground storage tanks or any other storage
area for explosive or hazardous materials.
(5)
Minimum lot size shall be 750 square feet per child,
and in no case shall the lot size be less than that required by the
district in which the facility is located.
(6)
Not less than 40 square feet of indoor play area per
child shall be provided, excluding bathrooms, hallways and other areas
not suited for play.
(7)
Not less than 75 square feet of outdoor play area
per child shall be provided, excluding parking areas, garage areas
or other areas not suited for play.
(8)
Outdoor play activities shall be limited to the hours
between 8:00 a.m. and 7:00 p.m.
(9)
No structured area for active play or play structures
shall be located in a front yard.
(10)
No play structures shall be located within 10
feet of a side or rear lot line.
(11)
A solid fence at least six feet high shall be
installed so as to completely enclose the outside play area. Such
fences must reach the ground to prevent children from crawling underneath.
(12)
Signage, if any, shall comply with the requirements
of this chapter for the zoning district in which the child day care
center is located.
(13)
Besides the required parking for any other uses
located upon the lot, two off-street parking spaces shall be provided
for the day care center use, and one off-street parking space shall
be provided for each on-duty staff person. None of the required off-street
parking shall be located within the required front yard.
(14)
A paved unobstructed off-street dropoff/pickup
area with adequate stacking area shall be provided. One dropoff/pickup
space shall be required for every 10 persons, based upon the day-care
center's regulated capacity, with a minimum of four spaces shall be
provided in addition to standard driveway and parking requirements.
Each off-street dropoff/pickup space shall have a minimum dimension
of nine feet by 18 feet.
(15)
A safe pedestrian walkway system through parking
areas to the building entrance, with a safety zone a minimum of 15
feet in width between parking spaces and the front of the building
entrance, shall be provided in addition to standard driveway and parking
requirements.
(16)
All pedestrian pathways shall be adequately
lit for safety and security if utilized during nondaylight hours.
Specific areas for lighting are entrance ways, pedestrian access to
the outdoor play areas, sidewalks used in nondaylight hours, dropoff
areas, merchandise delivery areas and all parking lots.
(17)
Where the above regulations differ from those
of the Pennsylvania Department of Public Welfare (DPW) and any other
applicable state and local building and fire safety codes, the more
stringent regulation shall apply.
The following provisions shall regulate community
residential facilities:
A.
Twenty-four-hour supervision shall be available by
adults qualified in the field for which the facility is intended.
B.
Community residential facilities should be located
within a half-mile distance of public transportation, community facilities,
shopping facilities and community services.
C.
A record of all community residential facilities and
their locations shall be maintained by the Township Code Enforcement
Officer.
D.
No community residential facility shall be located
within 1,500 feet from another, measured from dwelling unit to dwelling
unit, except as noted below:
E.
Family-based community residential facilities shall
be permitted in apartment buildings and/or developments which are
located in the APT Apartment District and in the MH Multiple Type
Housing District, and which contain a minimum of 40 units, even though
such apartment buildings and/or developments are located within 1,500
feet of an existing community residential facility which is located
in a building other than an apartment.
F.
In the case of apartment buildings and/or developments
which contain a minimum of 10 units, the maximum number of residents
who are part of a family-base community residential facility shall
not exceed 10% of the number of units in an apartment building and
10% of the number of units in the entire apartment development or
complex. This density limitation shall not apply to apartments with
less than 10 units.
G.
Each facility shall have one off-street parking space
for each employee on the greatest shift and one off-street parking
space for every four residents.
H.
All new facilities shall meet all dimensional requirements
of the district in which they are located.
I.
Buffering and/or screening along the side and rear
yards of the community residential facilities is required. This buffering
may consist of fencing or vegetative planting at least five feet wide
and five feet high.
J.
Any alterations or additions to the exterior of a
community residential facility shall be compatible with the existing
structure and in keeping with the neighborhood character, excluding
safety required modifications. Upon the closing of a community residential
facility all safety required modifications shall be removed.
K.
Each facility must receive all pertinent approvals
and/or licenses from the appropriate state agencies prior to special
exception approval.
M.
All facilities must supply the Township (and keep
current) the name of a person responsible for responding to a complaint
filed by the Township.
N.
All community residential facilities will be available
for reasonable periodic inspections by appropriate Township Officials.
A.
Flag lots may be created only upon the express finding
by the Township Planning Commission that subdivision of a portion
of the lands into flag lots is in conjunction with an overall development
plan for the entire tract of which the flag lot is a part, and no
remaining portion of the subject tract shall, as a result of flag
lot subdivision, become landlocked or not practically feasible for
development. The developer shall demonstrate a need, consistent with
good planning principles, for the creation of flag lots and shall
further demonstrate that normal subdivision techniques in accordance
with the requirements of the zone are not practical or feasible because
of topography, unusual shape or land configurations or other physical
characteristics of the land related to the proposed development concept.
The developer shall additionally demonstrate that the proposed location,
topography and physical conditions of the land lying within the confines
of the flag lot access strip or staff are sufficient to permit the
installation and maintenance of any access driveway within the confines
of the flag lot access strip or staff suitable for uninterrupted access
to the proposed location for the construction of the principal structure
within the flag lot building area by conventional and emergency vehicles
at all times of the year.
B.
The flag lot building area of each flag lot created
shall be at least the minimum lot area required for a conventional
lot in the zoning district in which the flag lot is to be located
exclusive of land lying within the flag lot access strip or staff.
C.
In order to protect the privacy and aesthetic character
of neighboring lots, buffer planting strips shall be provided on all
such lots on both sides of the required access strip or staff, as
well as along the property line parallel with the street line that
separates the interior lot from the front lot.
D.
The following standards shall apply to interior lots:
(1)
Access to interior lots shall be held in fee simple.
No access easements shall substitute for fee simple ownership.
(2)
Access to interior lots shall have a minimum width
of 20 feet with a cartway at least 12 feet side.
(3)
The front yard measurement shall be taken from the
lot line which is closest to parallel with the street line, dependent
upon how the dwelling or other building is to be situated.
(4)
No interior or flag lots shall be formed which access
along the turnaround of a cul-de-sac street, or within 200 feet of
the turnaround of a cul-de-sac street or street intersections.
(5)
A minimum of four road frontage lots shall be located
between interior or flag lot accessways. No contiguous flag lot accessways
shall be created.
(6)
Interior of flag lots are prohibited along collector
and arterial roads as identified in the Township of Ridley Comprehensive
Plan.
(7)
Motor vehicle parking within the access strip or staff
shall be prohibited.
(8)
The interior lot shall provide paved parking for two
more vehicles than required for off-street parking on the lot excluding
land lying within the flag lot access strip or staff.
[Added 9-22-1993 by Ord. No. 1706]
A.
No such yard shall be placed less than 1,000 feet
from any residential, apartment or multiple type housing district.
B.
No such yard shall be placed less than 1,000 feet
from an existing vehicle impoundment and storage yard.
C.
The minimum area for such yard shall be five acres.
D.
To the extent possible, access to such yards shall
be by way of collector or arterial roads.
E.
Such yard shall be completely enclosed by an opaque
privacy type fence not less than 10 feet in height. The Board of Commissioners
may require a planting screen in the form of a hedge of evergreen
trees which shall be not less than six feet tall at time of planting.
F.
All vehicles shall be arranged so as to permit access
by fire-fighting equipment, and to prevent accumulation of water.
No vehicles shall be stacked on other vehicles nor shall any vehicle
have a height of more than eight feet.
G.
No vehicles shall be stored within 50 feet of an adjacent
property or public road and such setback area shall be free of weeds
and scrub growth.
[Added 1-18-1996 by Ord. No. 1745; amended 2-25-1998 by Ord. No.
1170]
A.
Purpose. The purpose of this chapter is to establish
general guidelines for the siting of wireless communications towers
and antennas, so as to:
(1)
Minimize the total number of towers throughout the
community through joint use of new and existing tower sites as a primary
option rather than construction of additional single-use towers;
(2)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal, through careful design, siting, landscape screening, and
innovative camouflaging techniques;
(3)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
(4)
Consider the public health and safety of communication
towers; and
(5)
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
COMMERCIAL DISTRICT
COMMITTEE
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
RESIDENTIAL DISTRICT
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any transmitting or receiving device mounted on a tower,
building or structure and used in communications that transmit or
receive electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The C-1 Neighborhood Commercial District, the C-2 General
District and the SC Shopping Center District.
The Telecommunications Committee of the Township of Ridley.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, means the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or variance
has been properly issued prior to the effective date of this section,
including permitted towers or antennas that have not yet been constructed
so long as such approval is current and not expired.
Includes the A, B, and C Residential Districts, the APT Apartment
District and the PRD Planned Residential Development District.
Any structure that is designated and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
C.
Applicability.
(1)
New towers and antennas. All new towers or antennas in the Township of Ridley shall be subject to these regulations, except as provided in § 325-95C(2) through (4), inclusive.
(2)
Amateur radio station operators/receive only antennas.
This chapter shall not govern tower, or the installation of any antenna,
that is under 70 feet in height and is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive-only
antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of § 325-95F(4), (5) and (9).
(4)
AM array. For purposes of implementing this chapter,
an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
D.
Permitted uses.
(1)
A tower and/or antenna is a permitted use in the Municipal Use District, provided that any and all licenses and/or a lease authorizing such antenna or tower has been approved by the Township of Ridley; and towers permitted under this section must comply with § 325-95F(4), (5), (7), (9) and (12), and § 325-95J(1).
E.
Special exceptions: procedure.
(1)
Applications for a special exception under this section shall be subject to the procedures and requirements of Article XVI of this chapter, except as modified in this section. In addition to referring the application to the Planning Commission as required in § 325-115C, the Zoning Officer shall refer the application to the Committee for review. The Committee shall review the application and determine if the proposed use complies with this chapter. The Committee shall provide a written recommendation for approval or disapproval at least 48 hours prior to the Zoning Hearing Board Hearing, stating with specificity its findings.
(2)
Applications under this section shall also be referred
to the Township Engineer, who shall make recommendations to the Board.
(3)
An applicant for a special exception shall submit the information set forth in § 325-95G of this chapter and a nonrefundable fee as described in § 325-116E(2) of this chapter.
(4)
All requests to locate towers and antennae must receive
subdivision/land development approval as well as all other approvals
prior to construction of the facility.
F.
General requirements.
(1)
Antenna height. Any antenna which is attached to an
existing structure shall not exceed the height of the existing structure
by more than 15 feet.
(2)
Tower height. Any tower which is erected in the Township
of Ridley shall not exceed 150 feet in height.
(3)
Engineer's certification. Any information of an engineering
nature that the applicant submits, whether civil, mechanical, or electrical,
shall be certified by a licensed professional engineer.
(4)
State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this chapter shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(5)
Building codes; safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable state
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Association, or the Telecommunications
Industry Association, as amended from time to time. If, upon inspection,
the Township of Ridley concludes that a tower fails to comply with
such codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner
shall have 30 days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 days shall
constitute grounds for the removal of the tower or antenna at the
owner's expense.
(6)
Not utilities. Towers and antennas shall be regulated
and permitted pursuant to this chapter and shall not be regulated
or permitted as public utilities or private utilities.
(7)
Franchises. Owners and/or operators of towers and
antennas shall certify that all franchises or licenses that may be
required by law for the construction and/or operation of a wireless
communication system in the Township of Ridley have been obtained
and shall file a copy of all required franchises with the Zoning Officer.
(8)
Public notice. For purposes of this section, any special
exception request shall require public notice pursuant to the requirements
of this chapter.
(9)
Signs. No signs shall be allowed on an antenna or
tower, with the exception of identification signs and danger/hazard
signs.
(10)
Multiple antenna/tower plan. The Township of
Ridley encourages the users of towers and antennas to submit a single
application for approval of multiple towers and/or antenna sites.
Applications for approval of multiple sites shall be given priority
in the review process.
(11)
Collocation. In order to reduce the number of
towers in Ridley Township in the future, the proposed tower, if required
by the Board, shall be designed to accommodate future other communication
users, including commercial wireless communication companies, local
police, fire and ambulance companies.
(12)
Service to the Township. A provider of telecommunications
services within Ridley Township shall make its services available
to the Township at its most favorable rate for similarly situated
users, unless otherwise provided for in a lease, license or franchise
agreement.
G.
Contents of applications. In addition to any information required for applications for a special exception pursuant to Article XVI of this chapter, applicants for a special exception for a tower or antenna shall submit the following information:
(1)
A scaled plan clearly indicating the location, type
and height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
Comprehensive Plan classification of the site and all properties within
the applicable separation distances set forth in this section, adjacent
roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
topography, parking, and other information deemed by the Zoning Officer
to be necessary to assess compliance with this chapter.
(2)
Legal description of the parent tract and leased parcel
(if applicable).
(3)
An inventory of the applicant's existing towers, antennas,
or sites approved for towers or antennae, that are either within the
jurisdiction of the Township of Ridley or within one mile of the border
thereof, including specific information about the location, height,
and design of each tower, The Zoning Officer may share such information
with other applicants applying for a special exception or variances
under this chapter or other organizations seeking to locate antennae
within the jurisdiction of the Township of Ridley; provided, however
that the Zoning Officer is not, by sharing such information, in any
way representing or warranting that such sites are available or suitable.
(4)
A landscape plan showing specific landscape materials.
(5)
Method of fencing, and finished color and, if applicable,
the method of camouflage and illumination.
(6)
A description of compliance with § 325-95F(4), (5), (7) and (9), and § 325-95J(1) through (6) and (8), and all applicable federal, state or local laws.
(7)
A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional
antennas for future users.
(8)
The applicant must demonstrate, using accepted technological
evidence, that the antenna and/or tower must be located where proposed
in order to satisfy its function in the applicant's grid system.
(10)
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
(11)
Written evidence that the applicant has contacted
the owners of tall structures within a 1/4 mile radius from the proposed
site, requested permission to install the antenna on those structures,
and was denied for reasons other than economic ones. Tall structures
shall include, but not be limited to, smoke stacks, water towers,
buildings in excess of six stories, other telecommunications towers
and other similar structures.
H.
Factors considered in granting approvals for towers. In addition to any standards for consideration for a special exception pursuant to Article XVI of this chapter, the Board shall consider the following factors in determining whether to approve an application:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and
residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(7)
Proposed ingress and egress; and
I.
Availability of suitable existing towers, other structures,
or alternative technology. No special exception for a new tower shall
be approved unless the applicant demonstrates to the reasonable satisfaction
of the Board that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Board related to the availability of suitable existing
towers, other structures or alternative technology. Evidence submitted
to demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist of any
of the following and shall be sealed by a registered professional
engineer:
(1)
No existing towers or structures are located within
the geographic area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(3)
The applicant demonstrates that an alternative technology
that does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
J.
General standards. All towers and antennas in the
Township of Ridley shall conform with the following general standards:
(1)
Setbacks. The following setback requirements shall
apply to all towers in the Township of Ridley:
(2)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the
base of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
(b)
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Zoning Classification
|
Separation Distance
| |
|
Residential
|
300 feet or 150% height of tower, whichever
is greater
| |
|
Commercial
|
100 feet or 100% height of tower, whichever
is greater
| |
|
Industrial
|
50 feet or 50% height of tower, whichever is
greater
| |
(3)
Separation distances between towers. Separation distances
between towers shall be applicable for and measured between the proposed
tower and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 2.
|
Table 2
Existing Towers - Types
| |||||
|---|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Ft in Height or Greater
|
Monopole Less Than 75 Ft in Height
| ||
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
| |
|
Monopole 75 ft in height or greater
|
1,500
|
1,500
|
1,500
|
750
| |
|
Monopole less than 75 ft in height
|
750
|
750
|
750
|
750
| |
(4)
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device.
(5)
Aesthetics. Towers and antennas shall meet the following
requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(6)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority, if lighting
is required to satisfy FAA or other applicable regulatory authorities,
only dual lighting arrangements shall be permitted; no red painting
of the tower structure shall be allowed. The dual lighting shall consist
of a daytime strobe light of the lowest permitted intensity and a
night time red flashing light. Switching between day and night operation
shall be automatic. The lighting alternatives and design chosen must
cause the least disturbance to the surrounding views.
(7)
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a special exception is
required in the Township of Ridley.
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower 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
tower 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 towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
(8)
Equipment storage. The equipment cabinet or structure
used in association with antennas and towers shall comply with the
following:
(a)
The cabinet or structure shall not contain more
than 100 square feet of gross floor area or be more than eight feet
in height, and shall not exceed the height of the existing structure
by more than 10 feet. In addition, where antennae are to be erected
on a building, the related unmanned equipment structure shall be located
on the roof of the building, unless a certified, licensed professional
engineer determines that such location is not structurally feasible.
(b)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(c)
If located on the ground, the structure or cabinet
shall be screened by an evergreen hedge with an ultimate height of
at least eight feet and a planted height of at least 36 inches.
(9)
Removal of abandoned antennas, towers and structures.
Any antenna, tower or structure that is not operated for a continuous
period of six months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within 60 days of receipt
of notice from the Township of Ridley notifying the owner of such
abandonment. Failure to remove an abandoned antenna, tower or structure
within said 60 days shall be grounds to remove the tower or antenna
at the owner's expense.
(10)
Not expansion of nonconforming use. Towers that
are constructed and antennas that are installed in accordance with
the provisions of this section shall not be deemed to constitute the
expansion of a nonconforming use or structure.
(11)
Preexisting towers. Preexisting towers shall
be allowed to continue their usage as they presently exist. Routine
maintenance shall be permitted on such preexisting towers. New construction
other than routine maintenance on a preexisting tower shall comply
with the requirements of this chapter.
