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Darby Township City Zoning Code

PART 2

OBJECTIVE, PURPOSES, INTERPRETATION, SHORT TITLE, DEFINITION OF TERMS

§ 27-200 Statement of Community Development Objectives.

[Ord. 670, 12/12/2007]
It shall be, and is hereby declared to be, the objective of the Darby Township to provide for the orderly development of the community through its Zoning Ordinance and Subdivision Regulations as presently in effect or hereafter amended in order to carry into effect the purposes, plans and guidelines as set forth in the Darby Township Comprehensive Plan, which plan is herein incorporated by reference.[1]
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Township Secretary.

§ 27-201 Purposes.

[Ord. 670, 12/12/2007]
This chapter is enacted in accordance with the Pennsylvania Municipal Planning Code, for the following purposes:
1. 
To promote, protect and facilitate one or more of the following:
the public health,
safety,
morals,
general welfare,
coordinated and practical community development,
proper density of population,
civil defense,
disaster evacuation,
national defense facilities,
the provisions of adequate light and air,
police protection,
vehicle parking and loading space,
transportation,
water,
sewerage,
schools,
public grounds,
other public requirements, and
protect the environment.
2. 
To prevent one or more of the following:
Overcrowding of land,
blight,
danger and congestion in travel and transportation,
loss of health, life or property from fire, flood or panic dangers.
3. 
The Zoning Ordinance shall be made in accordance with the spirit and intent of the Comprehensive Plan, and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.

§ 27-202 Interpretation.

[Ord. 670, 12/12/2007]
In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

§ 27-203 Short Title.

[Ord. 670, 12/12/2007]
This chapter shall be known and may be cited as the "Darby Township Zoning Ordinance of 2007."

§ 27-204 Definition of Terms.

[Ord. 670, 12/12/2007]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged," "designed," "or intended to be used." The word "building" shall include the word "structure." The present tense shall include the future tense. The word "shall" is always mandatory.
ACCESSORY BUILDING
A building subordinate to the main building on a lot and used for purposes customarily and clearly incidental to those of the main building.
ACCESSORY USE
A use subordinate to the main use of land or of a building on the same lot and customarily and clearly incidental thereto.
ALLEY
Land over which there is a right-of-way, municipally or privately owned, on which no dwellings or stores front, serving as a secondary means of access to two or more lots.
ALTERATION
An alteration, as applied to a building, is any change or rearrangement in the structural parts, or any enlargement, whether by extending on any side by increasing in height, or moving from one location or position to another.
APARTMENT
A room or group of rooms in an apartment house designed for and used exclusively as a residence for only one family.
APARTMENT HOUSE
A building designed for and occupied exclusively as a residence for three or more families living independently of one another and which building is a single building unit for purpose of operation, management and maintenance. A basement in an apartment house shall not contain habitable rooms except for janitor's living quarters.
BASEMENT
A story, partly underground, but having more than half of its clear height below average level of adjoining ground.
BUFFER YARD
A strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in this chapter and on which is placed year-round shrubbery, hedges, evergreens, or other suitable plantings.
BUILDING
Any structure, including a trailer, having a roof supported by columns, piers, or walls used for the housing or enclosure of persons or animals.
A. 
DETACHEDA building which has no party wall.
B. 
SEMIDETACHEDA building which has only one party wall in common with an adjacent building.
C. 
ATTACHEDA building which has two party walls in common with adjacent buildings.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than 30 inches; steps, one-story open porches not extending more than one story and not projecting more than five feet; and balconies and terraces.
BUILDING LINE
The line parallel to the street line at a distance therefrom at least equal to the depth of the front yard required for the district in which the lot is located and which equals or exceeds the required lot width.
CELLAR
See "basement."
CLEAR-SIGHT TRIANGLE
No structure, wall, fence, shrubbery, or trees shall be erected, maintained, or planted on any lot that unreasonably or dangerously obstructs or interferes with visibility of drivers of vehicles on a curve or at any street intersection. The minimum vision clearance shall require height not exceeding 2 1/2 feet above the street grade within 35 feet of the intersecting street lines bordering corner lots.
CONDITIONAL USE
A use which may be allowed or denied by the Township Board of Commissioners in accordance with the Municipalities Planning Code (Act 247).
CORNER LOT
A lot which abuts two intersecting streets. There shall be a front yard on each street on which the lot abuts.
DAY-CARE CENTER
A facility that provides care and feeding during the business day for more than five children, babies or elderly adults who must not be left alone.
DENSITY, OVERALL
The total number of dwelling units on a given tract divided by the total number of acres in the tract, not including existing dedicated roads, but including all residential streets to be built in conjunction with subdivision development and all land set aside and dedicated for public use.
DWELLING
A. 
SINGLE-FAMILYA building, on a lot, designed and occupied exclusively as a residence for one family.
B. 
TWO-FAMILYA building, on a lot designed and occupied exclusively as a residence for two families with one family living wholly or partly over the other.
C. 
MULTIFAMILYA building, on a lot, designed and used exclusively as a residence for three or more families.
D. 
SINGLE-FAMILY SEMIDETACHEDA building designed for and occupied exclusively as a residence for only one family and having a party wall in common with an adjacent building; a single-family twin dwelling. Where a private garage is structurally attached to such building, it shall be considered as a part thereof.
E. 
TWO-FAMILY DETACHEDA building designed for and occupied exclusively as a residence for two families living independently of each other with one family living wholly or partly over the other and having no party wall in common with an adjacent building; a detached duplex dwelling. Where a private garage is structurally attached to such building, it shall be considered as a part thereof.
F. 
TWO-FAMILY SEMIDETACHEDA building designed for and occupied exclusively as a residence for two families living independently of each other with one family living wholly or partly over the other and having a party wall in common with an adjacent building; a semidetached duplex dwelling. Where a private garage is structurally attached to such building, it shall be considered as a part thereof.
G. 
TOWNHOUSEOne of a structurally connected series of three or more buildings arranged in a row, each designed for and occupied exclusively as a residence for only one family, and each having a party wall in common with one or more of the other buildings in a series adjacent to it, any or all of which buildings may be under different ownership. The maximum number of townhouses connected as one group is eight.
DWELLING UNIT
One or more rooms designed and equipped for one family, or persons living together as one family, to occupy as a residence, but shall not include tourist homes, or cabins, lodging houses, hotels, motels, or other similar places offering overnight accommodations for transients.
EMPLOYEES OR NUMBER OF EMPLOYEES
The greatest number of persons to be employed on the premises in question at any one time of the day or night.
FAMILY
Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage, or adoption, including foster children; or no more than five unrelated individuals living together as a single housekeeping unit with single kitchen facilities.
FAMILY-BASED COMMUNITY RESIDENCE FACILITY
A dwelling, licensed by the appropriate state agency, shared by persons requiring special care and their supervisors who live together as a single housekeeping unit in a family-like environment. This facility is designed to create a residential environment for the developmentally disabled, mentally ill or retarded, handicapped, or similar groups unable to live without supervision. The maximum number of residents shall not exceed five. These facilities shall not be used to accommodate persons recovering from the effects of drugs or alcohol or inmates of penal institutions.
FLOOR AREA or GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls and from the center line of walls separating two buildings. The term shall include basement, elevator shafts and stairwells at each story, floor space used for mechanical equipment (with structural headroom of six feet, six inches or more), penthouses, attic space (whether or not a floor has actually been laid providing structural headroom of six feet, six inches or more), interior balconies, and mezzanines. It shall not include stair and elevator penthouses or cellars unless said cellars are utilized for anything other than storage rooms, utility rooms, mechanical equipment rooms, etc.
GARAGE
A. 
PRIVATE GARAGEAn accessory building used for the storage of motor vehicles.
B. 
STORAGE GARAGEA building or group of buildings, other than a private garage, one story in height, used for the storage of automobiles and not used for making repairs thereto.
C. 
PUBLIC GARAGEA building, other than a private garage or storage garage, one story in height, used for the storage, sale, service or repair of motor vehicles.
HEIGHT OF BUILDING
A building's vertical measurement from the main level of the ground abutting the building to the highest point in the roofline of a flat roof or a roof having a slope of less than 15° from the horizontal, and to a point midway between the peak and the eaves of a roof having a slope of 15° or more; provided that chimneys, spires, towers, elevator penthouses, tanks, and similar projections of the building shall not be included in calculating the height.
HOME OCCUPATION or ACCESSORY PROFESSIONAL OFFICE USE
An occupation or professional use which is carried on in a dwelling unit, or a structure accessory thereto, clearly secondary and incidental to the dwelling in which the practitioner resides.
HOSPITAL
A hospital is a building designed for the diagnosis, treatment or other care of human ailments, and includes facilities for the overnight care of patients.
LOT
A parcel of land which conforms to the zoning requirement for the zone in which it is located and has the required lot area and width and frontage on an improved street.
LOT AREA
Lot area shall not include any public easement, public rights-of-way, and does include wetlands and floodplains.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, or any building or part thereof, that is used for sale of gasoline or other vehicle fuel or accessories, and which may or may not include facilities for lubrication, washing, or otherwise servicing motor vehicles, but which shall not include painting, body and fender repairs, or sale, rental and storage of vehicles.
NONCONFORMING BUILDING, LOT, OR USE
A building or other structure, use or lot, lawful when created, which for reason of design, size, or use does not conform to revisions of the requirements of the district or districts in which it is located.
OFF-STREET LOADING SPACE
An on-the-property space for the standing, loading, and unloading of vehicles to avoid undue interference with the public use of streets and alleys. Such space shall be not less than 14 feet in width, 15 feet in height, and 55 feet in length, exclusive of access aisles and maneuvering space.
OFF-STREET PARKING SPACE
A space containing a minimum area of 180 square feet with a minimum width of nine feet, for the parking of an automobile. In determining the dimension of such space, access drives and aisles shall not be included. Minimum vertical clearance shall be 80 inches.
PRINCIPAL BUILDING
A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located. In residential districts, only one principal building may be erected on each lot.
PROFESSIONAL OFFICE USE
See "home occupation."
PUBLIC SEWER
A public sewer is any municipal or privately owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant or central septic tank disposal system and approved by the Delaware County Department of Public Health.
PUBLIC WATER
Public water is any municipally or privately owned water system for the distribution and sale of water, in accordance with the laws of the Commonwealth of Pennsylvania.
SEATS
The seating capacity of a particular building as determined by the specifications and plans and filed with the Zoning Officer; in the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purpose of this chapter.
SHED
An accessory structure for the storage of household and garden-related items, personal use automotive parts or similar items, products, tools, equipment or items such as lawnmowers, tires, etc. Sheds shall not be used for storage, parking or repair of motor vehicles.
SIGN
Any structure, device, display, or part thereof, or device attached thereto, or painted or represented thereon, located outside, on, or within the building in such a manner that the sign is viewed form outside the building, which shall be used for the purpose of bringing the subject thereof to the attention of the public or which displays or includes any letter, work, motto, banner, flag, insignia, device or representation which is in the nature of an advertisement, announcement, direction, or attraction, but not including the flag, insignia of the United States of America, the Commonwealth of Pennsylvania or any political subdivision thereof.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distinct from that of any adjoining lot.
STORY
That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of that wall area above grade level.
STREET
A public street, road, highway which is legally open or officially plotted by the Township or a private street, road, or way, over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way. Maximum of two houses are permitted on a private street.
STREET LINE
The dividing line between a lot and a street. The street line shall be determined by the legal right-of-way of street.
STRUCTURE
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including a trailer.
SWIMMING POOL
A swimming pool (above or below ground level) including any container designed to hold 750 gallons or more of water, and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
TOWNSHIP SPECIFICATIONS
Specifications duly adopted by the Board of Commissioners by formal resolution for a specific purpose.
TRAILER (MOBILE HOME)
Any vehicle designed, intended, arranged, or used for living, eating, sleeping, business or other similar purposes, whether arranged to stand on wheels or rigid supporters.
TRAILER COURT
A lot or premises used for occupancy by two or more house trailers or mobile home units for any length of time.
VARIANCE
A modification given by the Zoning Hearing Board to a landowner relieving the landowner from the strict application of the requirements of the Zoning Ordinance as provided in the Municipalities Planning Code.
YARDS
A. 
FRONTThe required open space, the full width of the lot extending from the street line to the nearest structure on the lot, exclusive of overhanging eaves, gutters, or cornices.
B. 
SIDEThe required open space, from front to rear yards, extending from the side line of the lot to the nearest structure on the lot, exclusive of steps, overhanging eaves, gutters, or cornices.
C. 
REARThe required open space, the full width of the lot extending from the rear property line of the lot to the nearest structure on the lot, exclusive of steps, overhanging eaves, gutters, or cornices.
D. 
INTERIORThe open space separating any buildings situate on a lot held single and separate ownership.