Glenolden City Zoning Code
ARTICLE III
Regulations for Residential Districts R-1, R-2 and R-3
§ 162-8 Applicability.
Unless stated otherwise, each of the following regulations applies to all residential districts.
§ 162-9 Uses permitted by special exception.
The following uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, subject to the standards set forth in § 162-61:
A.
Religious uses such as churches, including Sunday school and related religious education and training and a dwelling auxiliary to any such religious use upon the same or contiguous lot.
B.
Philanthropic and educational uses, including public, private or parochial schools and colleges, but not including a business or trade school or any form of correctional or rehabilatory-type institutions, including but not limited to a halfway house or drug or alcohol treatment center.
C.
Municipal or community playgrounds, recreational centers or parks, provided such centers are not carried on for profit and are not accompanied by or incidental to a principal activity customarily carried on for profit.
D.
Home occupation and professional office, provided the operator lives on the premises and there shall be no public display of goods or sale of merchandise on the premises.
§ 162-10 Height regulations.
No building shall exceed 35 feet in height from the lowest point of grade to highest part of the building, except chimneys, spires, elevator shafts, tanks, air-conditioning equipment and similar projections of the building.
§ 162-11 Private swimming pools.
[Amended 5-14-1981 by Ord. No. 849, approved 5-14-1981; 10-7-1997 by Ord. No. 1043, approved 10-7-1997; 2-15-2000 by Ord. No. 1076, approved 2-15-2000; 5-13-2003 by Ord. No. 2009, approved 5-13-2003]
A private swimming pool shall be permitted as an accessory use to a single-family residential dwelling (attached or detached) use, provided that it meets the requirements of this section.
A.
Permit required.
(1)
Except as otherwise set forth in this section, no private swimming pool or appurtenances thereto shall be constructed, installed, enlarged or altered until construction documents have been submitted and a permit has been obtained from the Borough. Where required and as applicable, the approval of all county and state authorities having jurisdiction over the proposed private swimming pool shall be obtained before applying to the Borough for a permit. Certified copies of all such county and state approvals shall be filed as part of the supporting data for the permit application.
(2)
Design, construction and installation of all private swimming pools shall comply with this section and all other rules, regulations, ordinances and codes of the Borough.
(3)
Construction documents shall accurately show dimensions and construction of the private swimming pool and appurtenances and properly established distances to lot lines, buildings, walks and the surrounding enclosure as well as details of the drainage and water disposal systems.
B.
Definitions. As used in this section, the following words shall have the meanings set forth below.
ABOVEGROUND SWIMMING POOL
An aboveground swimming pool shall mean any private swimming pool designed to be constructed or installed and constructed or installed above the existing grade, not including any minor excavation required for leveling.
ENCLOSURE
A fence, wall, building wall, wall of an aboveground swimming pool or a combination thereof that serves to completely surround the private swimming pool and obstruct or prohibit access to the private swimming pool.
INDOOR PRIVATE SWIMMING POOL
An indoor private swimming pool shall mean any private swimming pool that is totally contained within a residential dwelling or structure accessory to a dwelling and surrounded on all four sides by walls of said structure and covered by a roof.
IN-GROUND SWIMMING POOL
An in-ground swimming pool shall mean any private swimming pool designed to be constructed or installed and constructed or installed below the existing grade.
POWER SAFETY COVER
A pool cover that is placed over the water area of a private swimming pool and is opened and closed with a motorized mechanism by a control switch.
C.
Dimensional requirements.
(1)
All private swimming pools shall be constructed or installed entirely within the rear yard of the lot.
(2)
No private swimming pool shall be located closer than 10 feet to the residential dwelling.
(3)
The interior wall of any private swimming pool shall not be closer than six feet to any side or rear lot line nor closer than 10 feet to any lot line abutting a street.
(4)
Decking which extends outward from the interior wall of any private swimming pool shall not be closer than six feet to any side or rear lot line or closer than 10 feet to any lot line abutting a street.
D.
Enclosure requirements. Every person owning land upon which there is located a private swimming pool shall erect and maintain thereon an adequate enclosure surrounding the private swimming pool area.
(1)
Fences.
(a)
Fences serving as an enclosure shall be a minimum height of 48 inches and maximum height of 72 inches above finished grade, as measured on the side of the fence which faces away from the private swimming pool.
(b)
The maximum vertical clearance between the finished grade and the bottom of the fence shall not exceed two inches, as measured on the side of the fence which faces away from the private swimming pool. For an aboveground swimming pool, the fence may be located on the ground or mounted on top of the aboveground private swimming pool structure, and if mounted on top of the aboveground private swimming pool structure, the vertical clearance between the top of the aboveground private swimming pool structure and the bottom of the fence shall not exceed four inches, as measured on the side of the fence which faces away from the aboveground private swimming pool.
(c)
Horizontal or vertical openings or spaces in the fence shall not allow the passage of a four-inch diameter sphere.
(d)
For any fence composed of closely spaced horizontal and vertical members where the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
(e)
For any fence composed of widely spaced horizontal and vertical members where the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
(f)
For any fence composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.
(g)
Maximum mesh size for chain link fences shall be 2 1/4 inch square, unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches.
(h)
Access gates shall comply with the requirements applicable to the particular type of fence utilized and shall provide a locking device. Pedestrian access gates which open directly to provide access to the pool must open outwards away from the pool and be self-closing with a self-latching device. Gates other than pedestrian access gates which open directly to the pool shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate, and the gate and fence shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.
(2)
Other enclosures.
(a)
Solid enclosures, such as a dwelling wall, which do not have openings, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(b)
Where a wall of a dwelling serves as part of the enclosure, one of the following shall apply:
[1]
Doors with direct access to the private swimming pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door;
[2]
The private swimming pool shall be equipped with a power safety cover, which complies with ASTM F 1346, or
[3]
Other means of protection, such as self-closing doors with self-latching devices, which are approved by the Borough, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by the above sections.
(c)
Where part of an aboveground swimming pool structure is used as an enclosure or where the enclosure is mounted on top of the aboveground pool structure, and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a enclosure which meets the requirements of this section. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a four-inch diameter sphere.
(3)
All enclosures shall be located, constructed and installed so as to prohibit permanent structures, equipment or similar objects from being used to climb the enclosure to gain access to the private swimming pool.
E.
Drainage requirements. All private swimming pools and equipment shall be equipped to be emptied completely of water. All discharged water shall be disposed of in a manner approved by the Borough. In all cases the drainage method must comply with all Borough health and safety requirements and shall not create a nuisance to adjoining properties or the public in general.
F.
Applicability/penalties/exceptions.
(1)
The requirements of this section shall be applicable to all private swimming pools constructed on or after the effective date of this section and shall be applicable to all existing private swimming pools 90 days after the effective date of this section.
(2)
Any person who has an existing private swimming pool who is cited by the Borough for noncompliance with the provisions of this section shall be granted a sixty-day grace period (from the date of the citation) to make any required changes to comply with the provisions of this section.
(3)
Any person who fails to comply with this section, upon being found liable therefor in a civil enforcement proceeding, shall pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough. Each day that a violation continues shall constitute a separate violation.
(4)
The provisions of this section shall not be applicable to:
(a)
Any private swimming pool without a permanent water recirculating system and which does not involve structural materials and which:
[1]
Is less than 24 inches deep; or
[2]
Has a surface area less than 100 square feet.
(b)
A stand-alone, prefabricated (delivered to the property partially or totally assembled) spa or hot tub having an approved safety cover.
(c)
Fixtures which are under 30 inches in depth and drained after each use.
(d)
Indoor private swimming pools, when constructed or integrated within the residential dwelling, except that such indoor private swimming pool shall comply with one of the requirements of Subsection D(2)(b), above.
§ 162-12 Low-Density District R-1.
A.
Purpose. It is the purpose of this section to permit continued residential development which is compatible with existing types of housing and lot size in low-density areas of Glenolden Borough.
B.
Uses permitted. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(1)
One single-family detached dwelling.
(2)
Customary residential accessory uses.
C.
Area, driveway and parking regulations.
(1)
Lot width. Each lot on which a dwelling is constructed shall have a frontage of at least 60 feet on a public street and a depth of not less than 125 feet. Said street shall be fully improved, which includes curbs, sidewalks, street paving and all sanitary sewers and necessary utilities.
(2)
Lot coverage. Not more than 30% of the area of any lot shall be occupied or covered by buildings, including accessory structures, and not more than 10% of the area of any lot shall be occupied or covered by paved off-street parking areas, driveways thereto, sidewalks and other paved areas and not less than 60% of the area of any lot shall be occupied or covered by grass and planted areas.
[Amended 10-11-1990 by Ord. No. 955, approved 10-11-1990; 2-14-1991 by Ord. No. 965, approved 2-14-1991; 7-11-1991 by Ord. No. 968, approved 7-11-1991]
(3)
Front yard. There shall be a front yard on each street on which a lot abuts which shall be not less than 25 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 12 feet.
(4)
Side yard. Except for a corner lot, there shall be two side yards on each lot, neither of which shall be less than 10 feet in width.
(5)
Rear yard. There shall be a rear yard on each lot which shall have a depth of not less than 25 feet.
(6)
Driveways. All driveways must:
[Amended 10-11-1990 by Ord. No. 955, approved 10-11-1990]
(a)
Be hard-surfaced, according to Borough specifications.
(b)
Be a maximum of 10 feet in width; provided, however, that in any case involving a multivehicle garage, a portion of the driveway may exceed 10 feet in width as required for access.
(7)
There shall be provided at least two off-street parking places consisting of a hard-surfaced area of not less than nine feet by 18 feet. Said parking places may be part of the driveway.
(8)
The setbacks and area regulations herein shall apply to all buildings with the exception that an accessory building may have one side yard of not less than three feet and a rear yard of not less than three feet.
[Amended 12-11-1981 by Ord. No. 852, approved 12-11-1981]
(9)
All decks or open balconies erected or constructed shall have a side yard setback of three feet from each property line.
[Added 12-19-2000 by Ord. No. 1084, approved 12-19-2000; amended 5-20-2008 by 2058, approved 5-20-2008]
D.
Garages and other accessory buildings. All garages must conform to the open space requirement and may not exceed 600 square feet. Maximum height for a garage with an A-frame roof shall be 15 feet and 10 feet for a flat roof. All other accessory buildings must conform to the open space requirement and may not exceed 200 square feet.
[Added 3-9-1995 by Ord. No. 1017, approved 3-9-1995]
§ 162-13 Medium-Density District R-2.
A.
Purpose. It is the purpose of this section to permit continued residential development which is compatible with existing types of housing and lot sizes in medium-density areas of Glenolden Borough.
B.
Uses permitted. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(1)
One single-family dwelling.
(2)
One single-family semidetached dwelling (twin).
(3)
Customary residential accessory uses.
C.
Area, driveway and parking regulations. The area, driveway and parking regulations set forth in § 162-12C hereof shall apply to all detached single-family dwellings. The following regulations shall apply to semidetached dwellings:
(1)
Lot width. Each lot on which a semidetached dwelling is constructed shall have a frontage of at least 30 feet on a public street and be not less than 125 feet in depth.
(2)
Lot coverage. Not more than 30% of the area of any lot shall be occupied or covered by buildings, including accessory structures, and not more than 10% of the area of any lot shall be occupied or covered by paved off-street parking areas, driveways thereto, sidewalks and other paved areas and not less than 60% of the area of any lot shall be occupied or covered by grass and planted areas.
[Amended 10-11-1990 by Ord. No. 955, approved 10-11-1990; 2-14-1991 by Ord. No. 965, approved 2-14-1991; 7-11-1991 by Ord. No. 968, approved 7-11-1991]
(3)
Front yard. There shall be a front yard on each street on which a lot abuts which shall be not less than 25 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 12 feet.
(4)
Side yards. For every building consisting of two semidetached dwellings, there shall be two side yards, neither of which shall be less than 10 feet in width; accordingly, every semidetached dwelling shall have one side yard, which shall be not less than 10 feet in width.
(5)
Rear yard. There shall be a rear yard on each lot which shall have a depth of not less than 25 feet.
(6)
Driveways. All driveways must:
[Amended 10-11-1990 by Ord. No. 955, approved 10-11-1990]
(a)
Be hard-surfaced, according to Borough specifications.
(b)
Be a maximum of 10 feet in width; provided, however, that in any case involving a multivehicle garage, a portion of the driveway may exceed 10 feet in width as required for access.
(7)
There shall be provided at least two off-street parking places consisting of a hard-surfaced area of not less than nine feet by 18 feet. Said parking spaces may be part of the driveway.
(8)
The setbacks and area regulations herein shall apply to all buildings with the exception that an accessory building may have one side yard of not less than three feet and a rear yard of not less than three feet.
[Amended 12-11-1981 by Ord. No. 852, approved 12-11-1981]
(9)
All decks or open balconies erected or constructed shall have a side yard setback of three feet from each property line.
[Added 12-19-2000 by Ord. No. 1084, approved 12-19-2000; amended 5-20-2008 by 2058, approved 5-20-2008]
D.
Garages and other accessory buildings. All garages must conform to the open space requirement and may not exceed 600 square feet. Maximum height for a garage with an A-frame roof shall be 15 feet and 10 feet for a flat roof. All other accessory buildings must conform to the open space requirement and may not exceed 200 square feet.
[Added 3-9-1995 by Ord. No. 1017, approved 3-9-1995]
§ 162-14 High-Density District R-3.
A.
Purpose. It is the purpose of this section to provide multiple dwelling units as described herein.
B.
Uses permitted. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(1)
Apartments.
(2)
Townhouses.
C.
Area and parking regulations.
(1)
Apartment building. All lots wherein an apartment building is hereafter erected or used shall be subject to the following requirements:
(a)
Minimum size: 15,000 square feet. Apartments shall be limited to 12 dwelling units per single unattached building.
(b)
Maximum lot coverage. The building coverage shall not exceed 30% of the lot size.
(c)
Minimum lot width: 75 feet on a public street and at the building line.
(d)
Minimum front yard: 60 feet.
(e)
Minimum side yards: 10 feet on each side of the building.
(f)
Minimum rear yard: 25 feet.
(g)
Minimum parking: 1 1/2 off-street parking places of nine feet by 18 feet for each apartment unit, exclusive of driveways.
(h)
Design standards as required by § 162-53.
(2)
Townhouses. All lots whereon a townhouse or townhouses are constructed shall be subject to the following requirements:
(a)
Minimum size: a minimum lot size of 2,500 square feet for each townhouse, each group or cluster to be not more than eight units.
(b)
Minimum lot coverage: The building coverage shall not exceed 35% of the lot size for interior lots and 30% for end lots.
(c)
Minimum lot width: 15 feet for interior lots and 25 feet for end lots.
(d)
Minimum front yard: 25 feet.
(e)
Minimum side yard: 20 feet between clusters, 10 feet for one side yard of exterior lots.
(f)
Minimum rear yard: 25 feet.
(g)
Minimum parking: two off-street parking places for each townhouse unit.
(h)
Design standards as required by § 162-53.
D.
Garages and other accessory buildings. All garages must conform to the open space requirement and may not exceed 600 square feet. Maximum height for a garage with an A-frame roof shall be 15 feet and 10 feet for a flat roof. All other accessory buildings must conform to the open space requirement and may not exceed 200 square feet.
[Added 3-9-1995 by Ord. No. 1017, approved 3-9-1995]
