Folcroft City Zoning Code
ARTICLE XV
General Regulations
§ 600-98 Purpose.
The purpose of this article is to identify certain regulations and standards that are either common to all zoning districts or applicable to more than one district.
§ 600-99 Overall requirements.
A.
No building or structure, or part thereof, shall hereafter be erected, constructed, or altered, and no new use or change shall be made or maintained of any building, structure, land, or part thereof, except in accordance with this chapter.
B.
Every principal building shall hereafter be built on a lot with frontage on a public or private street.
C.
No lot or premises shall hereafter be subdivided or reduced in area or size in any manner so as to violate the provisions of this chapter.
§ 600-100 Projections into required yards.
A.
No principal building, or part thereof, shall be erected within or shall project into any required yard in any district, except for unenclosed porches, decks, one-story bay windows, eaves, chimneys, balconies, fire escapes, buttresses, cornices, or steps. None of these, except unenclosed decks or similar projects, shall encroach more than three feet into any required yard.
B.
In residential districts, such unenclosed decks may extend not more than seven feet into required rear yards.
§ 600-101 Visibility at corner lots.
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 pose a danger to vehicular and pedestrian traffic.
B.
Where a lot is located at the intersection of two or more streets, no obstruction of any kind whatsoever of a height greater than 24 inches from the grade level of the adjacent street shall be maintained or permitted within a sight triangle, the legs of which shall be 20 feet measured from the intersection of the street lines. Where a private alley meets an intersection, the legs of such sight triangle shall be 10 feet.
C.
The Borough shall have the right to declare any obstruction to vision within the line of the sight triangle 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 Borough shall remove the obstruction and bill the owner and lien the property for the expense involved.
§ 600-102 Accessory uses and structures.
A.
No accessory structures may be placed in front of the principal building.
B.
On corner lots, accessory structures shall be placed no closer to the side street than the principal building.
C.
Except for decks and fences, there shall be a distance of not less than three feet between an accessory structure and a side or rear lot line.
D.
Except in the LIB Light Industrial/Business Park and LIB-A Light Industrial/Business Park-A Districts, accessory structures shall not exceed 15 feet in height. In the LIB and LIB-A Districts, accessory structures shall not exceed 25 feet in height.
E.
In residential districts, not more than one storage shed shall be placed on a lot.
F.
Except in the LIB Light Industrial/Business Park and LIB-A Light Industrial/Business Park-A Districts, no storage shed shall exceed 100 square feet with a maximum height of 10 feet.
G.
Before the construction or placement of a shed on a lot, the applicant shall obtain a permit from the Building Code Official (BCO) or Zoning Officer (ZO).
H.
Accessory structures shall not be used for permanent or temporary human habitation.
I.
If a shed or garage is served by electricity, it shall be subject to the Borough electrical code.
J.
Garages in residential districts may be attached to or detached from a dwelling unit. In the case where a garage is in detached form, the minimum distance between the garage and a dwelling unit, excluding multifamily, shall be 15 feet.
§ 600-103 No-impact home-based businesses.
A.
No-impact home-based businesses shall be permitted as an accessory use in all residential districts.
B.
The business activity shall be compatible with the residential use of the property.
C.
The business shall employ no employees other than family members residing in the dwelling.
D.
There shall be no display or sale of retail goods and no stockpiling of inventory.
E.
The business may not use any process or equipment that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference with radio or television reception.
F.
The business may not discharge any solid waste or sewage that is not normally associated with residential use.
G.
The business may not occupy more than 25% of the gross floor area of the dwelling.
§ 600-104 Community residence facilities, family-based.
Family-based community residence facilities shall be permitted by right in the R-1 and R-2 Residential Districts in accordance with the requirements below:
A.
No facility shall be located within 400 feet of an existing facility.
B.
There shall not be more than two residents per bedroom, and this is not to exceed a maximum number of four residents per facility, not including staff.
C.
There must be a twenty-four-hour-a-day on-duty supervisor who possesses proper qualifications for the position.
E.
Any alterations or additions to the exterior of a community residence facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding safety modifications.
F.
All other applicable requirements of the Zoning Ordinance, building code, fire code, and all other applicable Borough codes and ordinances and state regulations must be met.
G.
All community residence facilities will be available for reasonable periodic inspections by the BCO or ZO and other parties holding jurisdiction.
H.
Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies.
I.
The operator of the facility must register the facility annually with the BCO or ZO and provide the following information:
§ 600-105 Family day-care homes.
Family day-care homes, as defined in Article II, shall be permitted as an accessory use in the R-1 and R-2 Residential Districts, subject to the following requirements:
A.
A fence not less than four feet high shall be placed around all outdoor play areas. The bottom end of such fence must reach the ground to prevent children from crawling underneath.
B.
Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.
C.
Outdoor play shall not be permitted in the front yard or adjacent to an arterial road.
D.
The area for pickup and discharge of children must be free from traffic hazards.
E.
The appearance and exterior design of the facility shall be compatible with the surrounding dwellings.
F.
There shall be screening and planting consistent with the character of the surrounding uses.
G.
The facility shall display no sign that is inconsistent with the residential character of the neighborhood and shall be subject to § 600-93A.
H.
No portion of the facility shall be within 200 feet of a gasoline service station, underground gasoline storage tanks, industrial operations, truck loading areas, or other hazardous uses or activities.
I.
Each facility must have the appropriate certificates as required by the Pennsylvania Department of Human Services that shall be prominently displayed in the main entrance of the facility. All day-care homes must meet all current DPW regulations and any applicable federal, state, or local laws, ordinances, and regulations, including building and firesafety codes.
§ 600-106 Child day-care centers.
Child day-care centers, as defined in Article II, shall be a permitted use by right in the MC Municipal Center and TOD Transit-Oriented Development Overlay Districts, and as a conditional use in the LIB Light Industrial/Business Park District, subject to the following requirements:
A.
Day-care centers shall be permitted as part of a church, school, or other similar institution or as an independent use.
B.
A fence not less than four feet high shall be placed around all outdoor play areas. The bottom end of such fence must reach the ground to prevent children from crawling underneath.
C.
Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.
D.
Outdoor play shall not be permitted in the front yard or adjacent to an arterial road.
G.
Each facility shall provide for the dropoff and pickup of children on a driveway, approved parking area, or directly in front of the facility. This area must be free from traffic hazards to children. The dropoff area shall be located immediately adjacent to the facility.
H.
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.
I.
A planted visual screen shall be provided to protect the day-care center from an adjacent use or to protect a less intense adjacent use from the activity of the day-care center. Planted visual screens, where required and as defined in Article II, shall comply with regulations in § 600-114. Opaque fences or walls may be used in place of planted visual screens.
J.
When streets of different classifications are involved, access shall be provided to the street of lesser functional classification, if possible.
K.
Each operator of a newly established day-care center shall notify the Borough in writing at least 30 days prior to the initiation of a day-care center for the purpose of allowing the Borough to establish a record of such use.
L.
The operator of any child day-care center will allow the BCO or ZO to enter the property during business hours to inspect for compliance with the requirements of this section and all other applicable municipal and state ordinances or regulations.
M.
A permit for operation shall be obtained from the BCO or ZO.
N.
All facilities must be licensed by the State of Pennsylvania DPW and any other appropriate agencies.
§ 600-107 Senior day-care centers.
Senior day-care centers, as defined in Article II, shall be a use permitted by right in the MC Municipal Center District, subject to the following requirements:
A.
Accommodations shall be made for persons with a physical handicap or impediment to ensure their safety and accessibility for entrance to, movement within, and exit from the building.
B.
The facility shall have at least 50 square feet of indoor space for each individual served.
C.
A specified loading and/or parking area shall be available for arrival and departure of clients.
D.
The facility shall be kept in a clean and sanitary condition.
E.
Senior day-care centers shall be permitted as part of a church, school, other similar institution, or as an independent use.
H.
All rooms within the center shall be properly ventilated.
I.
All rooms, hallways, outside doorways, and porches shall be lighted to assure safety.
J.
Hours of operation shall range from 6:00 a.m. until 8:00 p.m.
§ 600-108 Decks.
Decks shall be permitted in all zoning districts, provided that the BCO or ZO issues a building permit.
A.
The deck shall be placed not less than one foot from the party wall of a twin or row dwelling or building for access and maintenance purposes.
B.
Prior to constructing a deck or porch, a sketch shall be provided, and a permit must be obtained from the BCO or ZO.
C.
In an area where motor vehicles may park or drive, decks or porches shall have support posts constructed of concrete-filled steel columns which shall be at least four inches wide and are fastened into footings not less than six inches wide.
D.
After a zoning permit is issued for a deck or porch, no change in plans regarding setbacks, dimensions, or heights is permissible without first receiving written permission from the BCO or ZO.
§ 600-109 Satellite antennas.
A.
Satellite antennas shall be permitted in all zoning districts.
B.
All wiring for ground-based antennas shall be underground.
C.
All satellite antennas shall be adequately grounded for protection against a direct strike of lightning.
D.
The installation of satellite antennas shall meet all other local, state, or federal codes where possible.
§ 600-110 Swimming pools, private.
A.
Private swimming pools shall not be permitted in the front yard, and no pool on a corner lot shall be placed closer to the side street than the principal building.
B.
All swimming pools shall be located not less than three feet from any property line and six feet from the principal building.
C.
For safety purposes, a fence not less than six feet high must surround all swimming pools.
D.
All fences surrounding pools shall have a self-locking gate and shall be of a design and quality to adequately prevent unauthorized children or animals from entering the pool area.
E.
The drainage of a pool shall comply with the discharge provisions in Chapter 525, Stormwater Management, adopted by the Borough and the swimming pool guidelines of the Pennsylvania Department of Environmental Protection.
F.
No swimming pool shall be located under electric lines.
G.
Pool lighting fixtures shall be placed, directed, or shielded to protect neighboring properties from light or glare.
H.
An applicant for a pool shall first submit a sketch plan of such pool to the Borough.
I.
A permit must be obtained from the BCO or ZO prior to construction or placement of a swimming pool.
§ 600-111 Fences and walls.
A.
Except as specifically noted otherwise, no wall, fence, hedge, or similar growth in a residential district shall exceed four feet in height between the front and rear building lines and six feet in height behind the rear building line. No fence shall be constructed in front of the principal building.
B.
At the periphery of a development in the RS Retail Service District, no wall, fence, hedge, or similar growth may exceed six feet in height. Individual uses may not erect fences.
C.
In the GB General Business and MC Municipal Center Districts, no wall, fence, hedge, or similar growth may exceed six feet in height in the rear yard only.
D.
In the LIB Light Industrial/Business Park and LIB-A Light Industrial/Business Park-A Districts, no wall, fence, hedge, or similar growth shall exceed 10 feet in height along the side and rear yards.
E.
Fences between properties shall be erected or placed inside the property line of the person erecting the fence.
F.
No barbed wire or similar fence shall be permitted in the Borough, unless the applicant demonstrates a clear and compelling need for security prior to obtaining a building permit.
G.
The fence shall be installed so that the finished side faces toward the outside of the property.
H.
Hedges and other plantings, whether or not they constitute a fence, shall be trimmed so as not to grow out over sidewalks, streets, or adjoining properties.
§ 600-112 Refuse.
A.
Unless specifically stated otherwise for a particular district, all refuse shall be placed in closed, verminproof containers.
B.
In the case of multifamily buildings, nonresidential buildings, and townhouses in the R-2 Townhouse District, all refuse receptacles shall be effectively screened from the view of residents and from public streets and sidewalks by means of a fence, wall, or plantings. All such receptacles shall be placed on the property responsible for the refuse.
C.
Except for single-family detached and single-family semidetached dwellings, all other uses must provide for refuse receptacles and dumpsters that have a fence or other screening that shall be at least the height of the receptacle. The screening employed must allow for adequate access for refuse removal vehicles.
§ 600-113 Lighting.
A.
Multifamily dwellings and nonresidential buildings shall be properly lighted to assure safe driving conditions at night as well as security and safety of residents and patrons. All lighting shall be designed to protect neighboring properties from glare.
B.
All driveways and parking areas must be adequately lighted to assure safe driving and maneuvering conditions at night, as well as safety and security for residents and patrons.
C.
The maximum height of light poles shall be 25 feet in the LIB Light Industrial/Business Park, LIB-A Light Industrial/Business Park-A, and GB General Business Districts, and 20 feet in all other districts.
§ 600-114 Planted visual screens.
A.
A planted visual screen, as defined in Article II, shall be provided and maintained under the following circumstances. In case of conflict between a regulation in this article and that in any individual district, the regulation in the individual district shall prevail.
(1)
When a commercial or industrial structure is constructed or extended adjacent to an existing residential use or district.
(2)
When a multifamily or townhouse building or addition thereto is proposed to abut an existing single-family detached dwelling.
(3)
Where any proposed institutional use or an expansion of an existing industrial use abuts an existing residential use or residential district.
(4)
Where the LIB-A Light Industrial/Business Park-A District abuts any other zoning district.
(5)
Any other instance where screening is required by this chapter, the Borough, or by the Zoning Hearing Board.
B.
Screening shall comply with the following requirements:
(1)
The planted visual screen shall consist of species indigenous to the area so as to provide a year-round visual barrier.
(2)
Such screens shall incorporate earthen mounds or berms, where possible, to improve sound as well as visual buffering.
(3)
Plants shall be at least six feet high when planted, and no plantings shall be placed closer than five feet to the property line.
(4)
Placement of screening material shall not obscure sight lines at intersections.
(5)
All mechanical equipment not enclosed in a structure shall be fully and completely screened and landscaped in a manner compatible with the style of the buildings on the site.
C.
Upon a recommendation of the Planning Commission, an opaque privacy fence or wall may be substituted for the planted screen required above. Such alternate screening must be constructed and placed so as to clearly provide an effective visual barrier.
§ 600-115 Landscaping.
A.
General regulations.
(1)
Any part or portion of a site that is not used for buildings, other structures, loading, parking spaces and aisles, sidewalks, and designated storage areas shall be planted and maintained with landscaping. Maximum advantage shall be taken of existing trees and shrubs in landscaping.
(2)
All landscaped planting areas shall be planted with grass seed, sod, or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.
(3)
Unless otherwise specified, landscaped planting areas may be part of the required front, side, and rear yards.
(4)
Except for single-family and two-family dwellings, any part or portion of a site which is not used for loading and parking spaces, aisles, sidewalks, and designated storage areas shall be landscaped according to an overall plan prepared and approved as part of the development plan or shall be left in its natural state. A replacement program for nonsurviving plant material should be included.
B.
Landscaping plans.
(1)
Landscaping shall be installed and maintained in accordance with a landscape plan approved by Borough Council. The landscape plan shall depict all proposed plantings which relate to, complement, screen, or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features.
(2)
The landscaping plan shall be coordinated with the development plan and shall show the location, type, size, height, and other characteristics of the proposed landscaping.
(3)
The plan shall be accompanied or shall include information regarding the continued maintenance of plantings, indicating that all plantings will be replaced, if damaged, diseased, or dead, in locations shown on the approved plan.
C.
Specific requirements.
(1)
In addition to complying with § 600-115A(1) above, every new building, alteration, or expansion erected after the effective date of this chapter shall provide specific landscaping components as noted below.
(2)
Unless specifically stated otherwise in the specific zoning district, landscaping shall be provided as required below:
Zoning District or Use | Minimum Landscaping Components |
|---|---|
RS Retail Service and GB General Business | Landscaped strip not less than 6 feet wide at the front and at one side of a building within which 1 tree or 2 bushes shall be placed in the ground or in planters for every 20 feet of building width |
MC Municipal Center LIB Light Industrial/Business Park and LIB-A Light Industrial/Business Park-A Apartment buildings and nonresidential buildings in residential districts | Landscaped strip with grass or other ground cover not less than 6 feet wide at the front and at one side of a building within which 1 tree or 2 bushes shall be placed in the ground or in planters every 15 feet at the front and at 1 side of a building |
Landscaping in the TOD Transit-Oriented Development Overlay District shall be provided according to the provisions relating to the specific uses noted above. | |
§ 600-116 Private clubs.
Private clubs shall be permitted by right only in the GB General Business District, subject to the following requirements:
A.
Private clubs shall be operated for civic, cultural, educational, social, or recreational purposes.
B.
The activity shall be noncommercial, nonprofit, and clearly not one carried on as a business.
C.
Each building or facility shall be devoted to members and their guests only.
D.
No private club shall provide for eating or dining except on an incidental basis.
§ 600-117 Drive-through establishments.
Drive-through establishments, as defined in Article II, shall be permitted by right in the GB General Business District, subject to the following regulations:
A.
No drive-through restaurant shall be located within 300 feet of an abutting residential district, a school, a place of worship, or another drive-through restaurant.
B.
Points of vehicular ingress and egress shall be limited to streets having business-zoned frontage only.
C.
Driveways at the property line shall be not less than 24 or more than 30 feet in width.
D.
No driveway shall be less than 10 feet from a property line, 30 feet from a right-of-way line of an intersecting street, or within 30 feet of another driveway serving the same parcel.
E.
Outdoor trash receptacles shall be provided in such a location as to be accessible to customers and shall be emptied whenever filled, but in no case less than once each day that the restaurant is open for business.
§ 600-118 Condominiums.
§ 600-119 Compatibility standards for uses of the same general character.
In determining if a proposed use is of the same general character as the listed uses, Borough Council and the Planning Commission shall consider the compatibility standards listed below:
A.
Type and volume of sales, retail or wholesale activity, size and type of items sold, and nature of inventory on the premises.
B.
Extent of processing, assembly, warehousing, shipping, and distribution done on the premises of any dangerous, hazardous, toxic, or explosive materials.
C.
The nature and location of storage and outdoor display of merchandise and the types of items stored.
D.
The type, size, and nature of buildings and structures supporting the use.
E.
The number of employees and customers in relation to business hours and employment shifts.
F.
The business hours the use is in operation or open for business.
G.
The transportation requirements for people and freight, by volume, type, and characteristics of traffic generation to and from the site, trip purposes, and whether trip purposes can be shared with other uses on the site.
H.
Parking characteristics, turnover and generation, ratio of the number of spaces required per unit area or activity, and potential for shared parking with other uses.
I.
The tendency for attracting or repelling criminal activities to and from or on the premises.
J.
The amount and nature of nuisances generated on the premises, such as noise, smoke, odor, glare, vibration, radiation, and fumes.
K.
Any special public utility requirements for serving the use, such as water supply, wastewater output, pretreatment of wastes, emissions recommended or required, and significant power structures and communication towers or facilities.
§ 600-120 Airport zoning.
No structure shall exceed the maximum height as calculated by reference to the Height Limitation and Zoning District Map for Folcroft Borough and the Model Airport Zoning Ordinance to limit the height of objects around airports. The calculation of maximum heights for municipalities in airport hazard areas is required by Pennsylvania Act 164 of 1984.[1] Folcroft Borough falls within the airport hazard area affected by Philadelphia International Airport.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
§ 600-121 Cellular communications facilities.
Cellular communications facilities, as defined in Article II, shall be a use permitted by right in both LIB Light Industrial/Business Park District and in the MC Municipal Center District. Antenna support structure, as defined in Article II, shall be a permitted use by right upon rooftops only in the GB General Business District. The following regulations shall control both facilities, where applicable:
A.
A sketch and/or landscaping plan shall be provided to the Borough prior to development of a cellular communications facility or antenna.
B.
An antenna that is attached to an existing support structure shall not exceed the height of the support structure by more than 10 feet.
C.
Setbacks from the base of any new antenna support structure to any property line, street line, or zoning district boundary shall not be less than 500 feet.
D.
The applicant shall demonstrate that the proposed antenna and antenna support structure are designed and constructed in accordance with all applicable national building standards for such facilities and structures, including but not limited to the standards developed by the Electronics Industry Association, Institute of Electrical and Electronics Engineers, Telecommunications Industry Association, American National Standards Institute, and the Electrical Industry Association.
E.
The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and that the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
F.
In order to reduce the number of antenna support structures needed in the Borough in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other cellular communications providers and local police, fire, and ambulance services.
G.
The applicant must demonstrate that it is licensed by the Federal Communications Commission (FCC) to provide wireless communications, cellular communications, and/or personal communications services.
H.
A security fence not less than eight feet in height shall be required around the cell site unless the antenna is mounted on an existing structure.
I.
The cell site shall be fully automated and not require any maintenance workers to be present on a full-time basis.
J.
Not less than two parking spaces shall be provided to serve the cell site.
K.
The cell site shall be kept in good repair as required by Federal Law H.R. 6180/S. 2882, the Telecommunications Authorization Act of 1992, as amended, and all Borough ordinances not inconsistent therewith.
L.
Prior to the construction or installation of an antenna on an existing structure or the construction or placement of an antenna support structure, the applicant shall obtain a permit from the BCO or ZO.
§ 600-122 Design standards.
This section shall apply to all structures constructed after this chapter is adopted and to new additions of 400 square feet or more:
A.
Unless stated otherwise, the following provisions apply to design considerations in the MC Municipal Center District, RS Retail Service District, and GB General Business District.
(1)
Unscreened, flat, blank walls shall be avoided to provide a pleasant pedestrian experience by connecting activities within a structure to the adjacent sidewalk and/or transit stop.
(2)
At the street level of commercial, institutional, and mixed use buildings, not less than 50% of the length and 25% of the wall surface must be in public entranceways, windows, or retail/service display windows.
(3)
Where practicable, facades over 50 feet long shall be divided into shorter segments by repeating window patterns, change in materials, canopies, varying roof lines, or other architectural detailing.
(4)
Buildings must have at least a five-foot offset in all facades for every 50 feet of continuous facade. Such offsets may be met through the use of bay windows, porches, porticos, building extensions, towers, and other architectural treatments.
(5)
The street facade of principal structures shall have at least one street-oriented entrance and contain the principal windows of the structure.
(6)
Pitched roofs shall provide overhanging eaves that extend a minimum of one foot beyond the building wall.
(7)
Buildings shall contain materials, windows, doors, and architectural details that are generally compatible with those features in nearby and adjoining buildings.
(8)
Where practicable, utilities shall be placed underground in new developments.
(9)
Automobile entrances to the site shall be placed in such a way as to maximize safety and efficient traffic circulation and minimize impact on the surrounding area.
(10)
Sidewalks or walkways not less than five feet wide shall be required in front of and/or adjacent to commercial, institutional, and mixed-use buildings.
(11)
Sidewalks shall be constructed along the frontage of all public streets and within and along the frontage of all new development and redevelopment.
(12)
In the RS Retail Service and the MC Municipal Center Districts, walkways that cross parking, loading, or driveway areas must be clearly identifiable through the use of elevation change, different paving material, or other similar method.
(13)
Lighting shall be provided for parking areas and pedestrian paths to ensure safety and convenience.
(14)
Where feasible, plazas shall be provided in developments greater than two acres in area. Not less than one seating space for each 250 square feet of plaza area shall be provided.
(15)
Parking garages shall be served by pedestrian walkways and connection to the sidewalk/pedestrian system. These walkways shall be clearly marked and continuous in design.
(16)
Pedestrian amenities such as benches, public art, picnic areas, seating areas, fountains, planters, etc. shall be located in landscaped areas, open spaces, plazas, or along public streets.
B.
Unless stated otherwise, the following provisions apply to design considerations in the R-1, R-2, and R-3 Residential Districts.
(1)
New residential dwellings shall be generally consistent with the design of existing neighboring dwellings.
(2)
Sidewalks shall be constructed along the frontage of all new residential buildings and additions of 400 square feet or more.
(3)
Where practicable, utilities shall be placed underground in new developments.
(4)
Stairs and ramps consistent with ADA standards shall be provided where necessary to provide a safe route between the dwelling and the street and sidewalk.
(5)
The street facade of principal structures shall have at least one street-oriented entrance and contain the principal windows of the structure.
§ 600-122.1 Smoke shops and tobacco stores.
[Added 7-11-2023 by Ord. No. 2023-01]
A.
Purpose.
(1)
The regulation of smoke shops and tobacco stores is necessary and in the interests of the public health, safety and general welfare because there is substantial likelihood of the continued establishment and operation of smoke shops and tobacco stores in Folcroft Borough ("Borough").
(2)
The expansion of smoke shops and tobacco stores in the Borough would result in undesirable impacts in the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses.
(3)
This section contains amendments consistent with good zoning and planning practices to address negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zones for such shops/stores to locate within the Borough.
B. DRUG PARAPHERNALIA STORES E-CIGARETTE MIXED-USE ESTABLISHMENTS SMOKE SHOPS AND TOBACCO STORES SYNTHETIC OR DESIGNER DRUG TOBACCO TOBACCO PARAPHERNALIA TOBACCO PRODUCTS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of its subject to the provisions of the Controlled Substance, Drug, Device and Cosmetic Act, 1972, April 12, P.L. 233. No. 64, 35 P.S. § 780-101 et seq., "roach" clips, "coke" spoons, "bongs," and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.
Any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as "juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason, e-cigarettes and their juice can be classified as both tobacco products and drug paraphernalia.
Where a grocery store, supermarket, convenience store or similar market combines an area greater than 75 square feet or 2% of its retail space, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco with the sale of other retail products. For the purpose of this section, these mixed-use establishments shall be subject to the restrictions of this section. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this section.
Any premises having more than 100 square feet dedicated to marketing and storage of tobacco, tobacco products, or tobacco paraphernalia.
Any naturally or chemically derived material, compound, mixture, or preparation regulated or prohibited by federal or Pennsylvania law intended to alter the physical, emotional, mental, or psychological state of the consumer, which are currently not otherwise classified as a scheduled or controlled substance. By way of example, for purposes of this section synthetic or designer drugs include, but are not limited to, Spice, K-2, Bath Salts, and Kratom.
Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-113(a)(33).
Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any means. For the purposes of this section, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking-cessation product or for other medical purposes, where such product is marketed and sold solely for such and approved purpose.
C.
Zoning and use standards.
(1)
Notwithstanding any other provision of this title to the contrary, smoke shops, tobacco stores and mixed-retail establishments shall be a conditional use in the RS Retail Service District and GB General Business District.
(2)
All smoke shops, tobacco stores and mixed-retail establishments proposing to operate within the RS or GB Districts after the effective date of this section must obtain a conditional use approval. Standard conditions of approval, at a minimum, shall include the following:
(a)
No smoking shall be permitted on the premises at any time.
(b)
No sales may be solicited or conducted on the premises by minors.
(c)
No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
(d)
No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
(e)
The possession and/or sale of synthetic or designer drugs must at all times comply with all federal and Pennsylvania laws.
(f)
Synthetic or designer drugs may not be consumed on the premises at any time.
(3)
Additional zoning and land use standards for smoke shops, tobacco stores and mixed-retail establishments shall be as follows:
(a)
Smoke shops, tobacco stores and mixed-retail establishments shall not be located within 1,000 feet, measured property line to property line, from a school (private or public), family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(b)
Smoke shops, tobacco stores and mixed-retail establishments shall not be located within 1,000 feet, measured from property line to property line, from another smoke shop and/or tobacco store and/or mixed-retail establishment.
(c)
It is unlawful for a smoke shop and/or tobacco store to knowingly allow or permit a minor not accompanied by his or her parent or legal guardian to enter or remain within any smoke shop or tobacco store.
(d)
Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to all such store. It shall be unlawful for the above-listed stores to fail to display and maintain, or fail to cause to be displayed or maintained, such signage and is subject to violations and penalties as listed in Chapter 600, Article XX.
D.
Preexisting nonconforming smoke shops and tobacco stores. Smoke shops and tobacco stores that are legally existing on the effective date of this section may continue to operate as legal nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the legal nonconforming use shall require compliance with this chapter and a conditional use permit.
E.
Prevention and removal of refuse.
(1)
All smoke shops and tobacco stores shall provide and maintain a minimum of one garbage can per entryway, locations as approved by the Zoning Officer.
(2)
Owners shall be responsible for removal of all trash, litter, garbage, etc., as a result of the purchase or use of tobacco-related products, from their property and the adjacent rights-of-way within the Borough.