Glenolden City Zoning Code
ARTICLE I
Purposes; Scope; Interpretation; Definitions
§ 162-1 Purposes and development objectives.
A.
This chapter is enacted for the following purposes: to promote the health, safety, morals and general welfare of the inhabitants of the Borough of Glenolden by lessening congestion in the roads and streets, securing safety from fire, panic and other dangers, providing adequate light and air, proper density of population, facilitating the adequate provision of transportation, water, sewerage, schools, parks, flood control and other public requirements, conserving the value of buildings and encouraging the most appropriate use of land.
B.
Statement of community development objectives. This chapter, its amendments and supplements is designed to guide the development of the Borough of Glenolden in a manner consistent with law and the public interest in achieving and retaining the following general goals:
[Added 12-9-1982 by Ord. No. 867, approved 12-9-1982]
(1)
To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation of open space ancillary to said dwellings so that greater opportunities for better housing and recreation may extend to all citizens and residents of the Commonwealth of Pennsylvania.
(2)
To promote sound economic development in order to attain a stable future tax base.
(3)
To minimize the conflict between residential and other types of land use.
(4)
To develop sound financial planning.
(5)
To recognize that the quality and character of future residential development, as well as other suburban development, is directly related to the improvement and extension of various public utilities.
(6)
To consider the highway system and its effects upon the Borough.
§ 162-2 Scope.
From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated and every use within a building or use accessory thereto in the Borough of Glenolden shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use of building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended or changed subject to the special regulations herein provided with respect to nonconforming buildings or uses.
§ 162-3 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be 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, ordinance or regulation shall be controlling.
§ 162-4 Definitions.
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated. Words in the singular include the plural, and those in the plural include the singular.
A subordinate building or structure, the use of which is customarily incidental to that of the principal building and which is used for an accessory use and is located on the same lot
[Amended 7-9-1987 by Ord. No. 919, approved 7-9-1987]
See "sign" and "billboard."
The cultivating of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nursery, horticulture and forestry.
Includes but is not limited to the following:
All incidental changes or replacements in the nonstructural parts of a building or other structure.
Minor changes or replacements in the structural parts of a building or other structure, including but not limited to the following examples:
Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created thereby.
Alteration of interior partitions in all other types of buildings or other structures.
Making windows or doors in exterior walls.
Strengthening the load-bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.
Any area of the building having its floor subgrade (below ground level) on all sides.
[Amended 8-12-1993 by Ord. No. 999, approved 8-12-1993]
(Either freestanding or attached to the surface of a building or other structure):
A tract of land bounded by streets.
Any structure which is permanently affixed to the land and has enclosing walls and a roof.
An established line within a property defining the minimum required distance between any structure to be erected and an adjacent right-of-way or street line.
The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and therefore includes:
An enclosed building space more than 33 1/3% below grade, which shall be considered as unhabitable for living purposes.
See "street, center line of."
See "lot, corner."
A house which has yards on all four sides.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
[Added 5-14-1987 by Ord. No. 916, approved 5-14-1987]
Any structure or part thereof designed to be occupied as living quarters as a single housekeeping unit.
An addition to the floor area of an existing building, an increase in size of another structure or an increase in that portion of a tract of land occupied by an existing use.
A single person occupying a dwelling unit and maintaining a household.
Two or more persons related by blood or marriage occupying a dwelling unit, living together and maintaining a common household.
Not more than three unrelated persons occupying a dwelling unit, living together and maintaining a common household.
The general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, creeks, rivers, watercourses or other inland water from any source.
The floodplain or Floodplain Conservation District shall be any area of the Borough of Glenolden subject to the one-hundred-year flood which is identified as a Special Flood Hazard Area (Zone A) on the Flood Insurance Rate Map (FIRM) as issued by the Federal Insurance Administration, dated November 18, 1981.
[Amended 5-14-1987 by Ord. No. 916, approved 5-14-1987]
Structural and/or nonstructural additions, changes or adjustments to buildings, structures or real property in order to reduce or eliminate flood damage to such buildings, structures or real property or to the contents of any such building or structure.
[Added 5-14-1987 by Ord. No. 916; approved 5-14-1987]
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
[Added 5-14-1987 by Ord. No. 916, approved 5-14-1987; amended 8-12-1993 by Ord. No. 999, approved 8-12-1993]
The sum of the area of the several floors of a building or buildings measured from the face of the exterior walls or from center lines of walls separating two buildings. In particular, "floor area" includes but is not limited to the following:
Basement space, if it meets the requirements of a building story.
Elevator shafts, stairwells and attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more.
Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes no matter where located within the building.
Accessory buildings, excluding space used for accessory off-street parking or used for loading berths.
Any other floor space not specifically excluded, excluding space used for air-conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
The total allowable floor area for a given lot divided by the area of that lot. (For example, a building containing 15,000 square feet of floor area on a given lot of 10,000 square feet of lot area has a floor area ratio of 1.5.)
See "yard."
A garage which is:
An area of land, together with any structure thereon, used for:
The vertical distance measured from the average level of finished grade along all the exterior walls of a building to:
The highest point of the roof in the case of a flat roof.
The mean height between eaves and ridge in the case of a pitched roof.
The highest point on any structure which rises wholly or partly above the roofline and whose area equals or exceeds 20% of the ground floor area of the building which supports it.
The vertical distance measured:
An accessory use which:
Is clearly incidental or secondary to the residential use of the dwelling unit or is customarily carried on within a dwelling unit by one or more occupants of such dwelling unit (a person not residing in such dwelling unit may not be employed and occupies not more than 25% of the total floor area of such dwelling unit or 500 square feet, whichever is less.
Does not permit the following operations:
The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist home, animal hospital, animal care of any kind, animal boarding or any similar use shall not be deemed to be a "home occupation."
An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked or disabled vehicles or the major part thereof shall be deemed to make a junkyard.
A tract or parcel of land held in single and separate ownership.
A lot bounded on at least two sides by streets whenever the lines of such streets, extended, form an interior angle of 135° or less. The owner or developer of a corner lot may specify which street line shall be the front lot line; he shall be required to so specify at the time of filing an application for a zoning permit.
The ratio of the total ground floor area of all buildings on a lot or of the total ground area of paved off-street parking areas and driveways thereto to the total area of the lot on which they are located.
[Amended 2-14-1991 by Ord. No. 965, approved 2-14-1991]
The line separating the lot from the street line.
Any lot line, except a front lot line, which is parallel to or within 45° of being parallel to and does not intersect any street line. In the case of a corner lot, the owner or developer may make a different designation. (See definition of "corner lot" for requirements.)
Any lot line which is not a front lot line or a rear lot line. In the case of a corner lot, the owner or developer may make a different designation. (See definition of "corner lot" for requirements.)
The horizontal distance between side lot lines measured at right angles to the lot depth.
The lowest floor of the lowest enclosed area, including the basement, of any building or structure. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, for building access or for storage, in an area other than a basement area, is not to be considered the lowest floor of a building or structure, provided that such enclosure is not built so as to render the building or structure in violation of the applicable nonelevation design requirements of the Floodplain Conservation District Ordinance.[1]
[Added 5-14-1987 by Ord. No. 916, approved 5-14-1987]
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993]
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
[Added 8-12-1993 by Ord. No. 999, approved 8-12-1993]
A building or a group of two or more detached or semidetached buildings containing rooms or apartments having separate entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.
Either:
An apartment building of not more than four stories in height containing three or more separate dwelling units, or
A townhouse building consisting of a cluster of not less than four nor more than eight attached single-family dwellings, each dwelling having a direct entrance on the ground floor and arranged in groups or clusters and not in long rows parallel to street lines.
Any lawful building or other structure which does not conform to one or more of the applicable area and bulk regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto. Any building or other structure existing in the Floodplain Conservation District at the time of the enactment of this chapter shall be considered a nonconforming building or other structure.
[Amended 5-14-1987 by Ord. No. 916, approved 5-14-1987]
Any lawful lot which does not conform to one or more of the applicable area regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto.
Any lawful use, whether of a building or other structure or of a tract of land, which does not conform to the applicable use regulations of the district in which it is located either on the effective date of this chapter or as a result of subsequent amendments thereto. Except for R-1 and R-2 Districts, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking.
The disposal of sewage by use of a sanitary sewer system served by a central sewage treatment plant approved by the Pennsylvania Department of Environmental Resources.
The supply of water to a user from a public water supply approved by the Pennsylvania Department of Environmental Resources.
The flood having a one-percent chance of being equaled or exceeded in any given year.
[Added 5-14-1987 by Ord. No. 916, approved 5-14-1987; amended 8-12-1993 by Ord. No. 999, approved 8-12-1993]
Consists of:
Includes an individual, corporation, partnership, incorporated association or any other similar entity.
See "garage, private."
Any pool located on a residential or other property, the use of which is limited by the owner to his or her own family and such guests as shall be admitted to the pool and its accessory facilities. "Private swimming pool" shall include any hot tub or spa.
[Added 5-13-2003 by Ord. No. 2009, approved 5-13-2003]
Refers to leisure-time activities, including but not limited to sports and entertainment, that are open to anyone without restriction, except for rules and standards of conduct and use.
Any pool not defined herein as a private swimming pool, including public pools and semipublic pools as defined in Chapter 47, Bathing Places, of the Code of the Borough of Glenolden.
[Added 5-13-2003 by Ord. No. 2009, approved 5-13-2003]
See "yard, rear."
Refers to land reserved as a street, crosswalk or for other public purposes.
A dish-shaped or parabolic antenna, together with all attachments and parts, the purpose of which is to receive communication from orbiting satellites or other extraterrestrial sources.
[Added 7-9-1987 by Ord. No. 919, approved 7-9-1987]
A house which is:
See "building setback line."
See "yard, side."
Any letter, word, model, device or representation intended as an announcement, direction or advertisement. It may be:
A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words "advertising sign" include the word "billboard."
A sign which offers services or goods available on the lot on which the sign is located.
A sign which:
The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
That portion of a building located between the surface of any floor and the next floor above it; if there is not more than one floor, the space between any floor and the ceiling next above it shall be considered a "story."
A way intended for general public use to provide means of approach for vehicles and pedestrians. The word "street" includes the words "road," "highway," "thoroughfare" and "way."
A line which is an equal distance from both street lines.
A right-of-way line.
Any form or arrangement of building materials involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements.
Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 8-12-1993 by Ord. No. 999, amended 8-12-1993]
Any repair, reconstruction or improvement of any kind to an existing structure, the cost of which equals or exceeds 50% of the market value of the structure either:
[Added 5-14-1987 by Ord. No. 916, approved 5-14-1987]
A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
[Added 7-9-1987 by Ord. No. 919, approved 7-9-1987]
That portion of the lot which is unoccupied and open to the sky and extends from the lot line to the structure.
The yard extending along the full length of the front lot line.
A yard extending the full length of the rear lot line.
A yard extending along the side lot line from the required front yard to the required rear yard.
[2]
Editor's Note: The former definition of “swimming pool,” which immediately followed this definition, was repealed 5-13-2003 by Ord. No. 2009, approved 5-13-2003. See now the definitions of “private swimming pool” and “public swimming pool.”