Jenkintown City Zoning Code
ARTICLE XV
Provisions Applicable in All Districts
§ 181-81 Exceptions for buildings of public service corporations.
This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public service corporation if, upon petition of the corporation, the Public Utilities Commission shall, after public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 181-82 Fences, walls and other property enclosures.
A.
Fence orientation and maintenance.
(1)
All fences shall be erected with the finished side facing the adjacent property or street. The finished side shall be considered the side without the structural supporting members.
(2)
Fences and walls shall be maintained and installed so that they are straight and do not sag, lean in any direction or extend over the property line outward from the lot into a right-of-way or other pedestrian-accessed area on which the fence or wall is located.
(3)
Fences shall be erected only at the natural grade of the property and shall not be erected on berms or artificial mounds.
B.
Boundary fences and walls.
(1)
Location. Boundary fences and walls shall be located within five feet of the property line. Satisfactory evidence must be presented to the Zoning Officer of a boundary survey with its corners properly marked by monuments or stakes placed under the direction of a registered engineer or land surveyor, unless the boundary line in question can be easily established by the Zoning Officer or his designee.
(2)
In all front yards, boundary fences and walls shall be a maximum height of four feet unless authorized by a special exception of the Zoning Hearing Board after a public hearing. For purposes of this article, a front yard is any portion which abuts a public street.
(3)
In all side yards, beyond the front yard setback, and all rear yards, the maximum height for a boundary fence within five feet of the property line shall be a maximum of six feet and measured by the lowest grade at the point of installation, not to include the support posts which may be a maximum of six inches above the required six feet, unless authorized by a special exception by the Zoning Hearing Board after a public hearing.
C.
Decorative fences and/or walls. Decorative fences and walls may be located anywhere within a parcel and shall have a maximum height of three feet. Decorative walls are not to be used as retaining walls. Examples of decorative fences and walls include, but are not limited to, picket fences, iron or similar fences, stone or similar walls, and raised planting areas.
D.
Privacy and residential swimming pool fences. In all side yards, beyond the front yard setback, and rear yards, privacy fences shall be located a minimum of 10 feet from the stated property lines. Privacy fences are not permitted beyond the rear of the main building unless authorized as a special exception by the Zoning Hearing Board after a public hearing. The maximum height of a privacy fence shall be six feet; the minimum height for a swimming pool fence shall be four feet. Where privacy fences are attached to a structure, there shall be at least one access point (such as a gate or opening) at least three feet wide for rapid access to and from the yard enclosed by a fence. All swimming pool fences and/or privacy fences enclosing a swimming pool shall have a self-locking gate with an audible alarm.
E.
Temporary fences. A temporary fence may be constructed with wire, rolled plastic, wood or other suitable material as determined by the Code Enforcement or Zoning Officer. The maximum height shall be six feet unless a height in excess of six feet is required by the International Building Code for the protection of a construction site that has been issued proper permits by the Borough or for the protection of a deemed hazard by the Code Inspector or Zoning Officer. The Code Inspector or the Zoning Officer shall establish the time duration for a temporary fence. All temporary fences, prior to installation, must first have the approval of the Code Inspector or the Zoning Officer.
F.
Retaining walls.
(1)
When the adjoining grade is not higher than the natural level, the person causing an excavation to be made shall erect, when necessary, a retaining wall at his own expense and on his own land. Such wall shall be built to a height sufficient to retain the adjoining earth, shall be properly coped and shall be provided with a guardrail or fence not less than four feet in height. A fence shall not have openings in excess of four inches.
(2)
Walls built to retain or support the lateral pressure of earth, water or other superimposed loads shall be designed and constructed of approved masonry, reinforced concrete, steel sheet pilings or other approved materials within the allowable stresses of engineering practices, and subject to the approval of the Borough Engineer and the Code Inspector, and in conformance with the Borough of Jenkintown Code.
(3)
A retaining wall of approved construction, designed by a registered civil engineer or architect, shall be required for all permanent landfills or excavations which exceed three feet in height or depth along a property boundary line, unless a 1:1 natural slope of the land can be maintained entirely within the boundaries of the excavated or filled property.
G.
Regulations for all fences and walls.
(1)
A certified survey to identify the property line shall be required when making application for a boundary fence, wall or retaining wall unless proof of the location of the property line can be established otherwise.
(2)
The tops of fence posts or vertical supports shall be no more than six inches above the required six-foot fence height, unless authorized by a special exception by the Zoning Hearing Board after a public hearing.
(3)
Gates or other points of entry in fences and walls shall not swing outward across the property line.
(4)
No fence or wall shall impede the natural flow of water in any watercourse, ditch or swale.
(5)
No fence with barbed wire, spikes, exposed nails or other sharp objects shall be permitted. No fence with any type of electrical current is permitted.
(6)
Chain-link fences are not permitted, except by special exception of the Zoning Hearing Board subject to the provisions and standards as set forth under §§ 181-102 and 181-110, and where granted, a condition of approval shall be that the fence shall be landscaped in such a manner as to be indiscernible from such landscaping from any viewpoint on adjacent properties and street. Fences shall be a substantial structure made of natural material, wood, wrought iron, aluminum, or other architectural-grade material with a preference for those containing recycled content. Welded wire mesh may be affixed to a permitted fence such as a split-rail or wooden fence provided that it is located on the nonfinished side as set forth in § 181-82A and provided that the wire mesh is galvanized or coated. Wire mesh may not be used as the primary fencing material, except by special exception of the Zoning Hearing Board in accord with the provisions and standards as set forth under §§ 181-102 and 181-110, and where granted, a condition of approval shall be that the fence shall be landscaped in such a manner as to be indiscernible from such landscaping from any viewpoint on adjacent properties and street and that the fence shall include solid top and bottom rails.
[Amended 5-24-2023 by Ord. No. 2023-4]
(7)
In the case of replacement or repair of existing fences and walls, a similar fence may be installed, with the exception of a chain-link fence, provided the applicant obtains a statement of approval from the adjacent property owner granting the replacement and repair without adhering to the requirements of this section.
(8)
Before a boundary fence, wall or other similar enclosure is installed, removed, altered or replaced, the property owner shall give written notice to adjoining property owners. A copy of the written notice shall be given at least five working days prior to the start of work, and a copy of all letters shall be attached to the permit application when submitted to the Borough.
H.
Permits required.
(1)
The landowner, or the applicant with the landowner's permission, shall submit a copy of the certified survey, or proof of boundary markers by photographs, or a detailed plan showing the location of the fence or wall on the property, the type of the fence or wall, the height from the natural grade, all openings and other related information. The Borough may field-inspect the property prior to issuing or rejecting a permit application to determine the existing condition of a fence or wall, the placement of boundary markers or other related conditions.
(2)
Prior to the installation of any boundary fence, wall or retaining wall, a string-line inspection must be made by the Code Inspector or other designated Borough official. Approval must be granted before installation can proceed. Failure to comply is a violation of this chapter as addressed in Article XVIII, Violations and Penalties; Fees.
(3)
The Borough shall also have the authority to inspect the fence once it is built to ensure that it was constructed according to the approved permit and plan submitted.
(4)
A building permit must be applied for, approved, received, and posted on the property prior to the start of any work other than work required performing a survey. All fees associated with permits shall be assessed equal to that of a building permit.
§ 181-83 Exceptions to yard requirements for private garages, tool and accessory sheds and/or other storage buildings.
Nothing in these regulations shall prohibit the erection of a detached private garage, tool and accessory shed and/or other storage building which otherwise meets all applicable building and zoning regulations anywhere in the rear yard, but not nearer than five feet from any side or rear property line. Adequate provisions must be made for disposal of surface stormwater from adjoining properties as well as disposal of roof water. Only one detached building, either an accessory building or garage, is permitted.
§ 181-84 Parking and storage of recreational vehicles and equipment and certain other vehicles.
A.
Recreational vehicles and equipment, ambulances, hearses, fire engines and buses in other than a commercial use owned or leased by the owner or occupant of any property situate in any residential district within the Borough may only park or store such vehicle and equipment upon said premises if it complies with the following conditions:
(1)
It shall not be used for living or housekeeping purposes.
(2)
It does not exceed 26 feet in length, exclusive of its trailer, hitch or towbar.
(3)
Not more than one such vehicle, with or without a trailer, may be stored outside of a garage.
(4)
Such vehicle must be stored or parked behind the front wall or face of the home or main building constructed on the property on which the vehicle is parked or stored.
B.
Any person or persons storing recreational vehicles and equipment or ambulances, hearses, fire engines and buses outside of a garage or on any property situate in a residence district in the Borough for a period in excess of two weeks must first secure an annual permit from the Borough upon application and the payment of a registration fee of $2. This permit shall be evidenced by a sticker to be affixed upon such vehicle in a prominent place, and such stickers shall be issued annually.
§ 181-85 Loading spaces.
In addition to required parking space, off-street loading and unloading space, with proper access from the street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected.
§ 181-86 Residential swimming pools and other artificial bodies of water (ponds and hot tubs).
Residential swimming pools, hot tubs, or decorative ponds are permitted as an accessory use in residence districts and shall comply with the following requirements:
A.
Pools and ponds must be located at least 15 feet from any main dwelling, 10 feet from the rear property line, 10 feet from any side property line and 15 feet back from the front build-to line.
B.
Hot tubs shall be at least three feet from the primary dwelling.
C.
In the case of swimming pools, they must have a drainage connection to a storm sewer or open stream, not a sanitary sewer, unless such connection is approved by Borough Council.
D.
Swimming pools must have an approved type filtration system which will keep the water clean and sanitary at all times.
E.
All swimming pools, hot tubs, or decorative ponds must be enclosed with at least a four-foot fence with self-locking gate that satisfies the following minimum requirements:
§ 181-87 Nonconforming buildings or uses.
A.
Continuation. The lawful use of a building or land existing on the effective date of this chapter, or authorized by a building permit issued prior thereto, may be continued although such use does not conform with the provisions of this chapter.
B.
Extension. A nonconforming use may be extended throughout a building held in single and separate ownership at the effective date of this chapter and any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended or enlarged, provided that: 1) the lot on which the building is located is held in single and separate ownership on the effective date of this chapter; and 2) any extension or enlargement of the building shall conform to the height area, yard width and setbacks, and coverage requirements of the district in which it is situated; and 3) any singular or cumulative addition or structural alteration to the building for the extension or enlargement of the nonconforming use shall not exceed 25% of the footprint of said building at the effective date of this chapter.
[Amended 9-26-2018 by Ord. No. 2018-02]
C.
Changes. A nonconforming use of a building may be changed to a nonconforming use of the same or more restricted classification if no structural alterations are made. In determining whether a use is of the same class, the following factors, but not limited to, may be considered: 1) whether the proposed use is permitted in the same zoning districts as the prior use; 2) whether the proposed use involves any increase in traffic or deliveries; or 3) whether the proposed use involves an increase in required parking. Whenever a nonconforming use of a building or land has been changed to a use of a more-restricted classification or to a conforming use, such use shall not return/revert to a less-restrictive classification.
[Amended 9-26-2018 by Ord. No. 2018-02]
D.
Restoration. A nonconforming building which has been damaged or destroyed by fire or other causes to an extent of not more than 50% of its value, as determined by the Building Inspector, or a nonconforming building which has been legally condemned may be reconstructed and used for the same nonconforming use, provided that the reconstructed building shall not exceed in height, area and volume the building destroyed or condemned, and building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. Borough Council may authorize the retaining of experts to provide data to the Building Inspector as the basis for making a determination on the extent of the destruction. In the case of an appeal from such determination by the Building Inspector, experts may be retained to present such data to the Zoning Hearing Board.
E.
Abandonment. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
§ 181-88 Nonconforming lots.
A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided that a special exception is authorized by the Zoning Hearing Board.
§ 181-89 Temporary nonconforming uses.
A temporary nonconforming use which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter may be permitted for a period of not more than one month, on the approval of the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board certificate may be issued for a period not exceeding one year in any case.
§ 181-90 Reduction of lot area.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 181-91 Exceptions to front yard requirements.
The regulations of § 181-12B, Dimensional standards, Option 2, may be used.
§ 181-92 Prohibited uses.
No lot may be used as or for a trailer camp, tourist cabin or automobile court. No building may be erected, altered or used, and no lot or premises may be used for any trade, processing or business which is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise, or which constitutes a public hazard whether by fire, explosion or otherwise. No commercial enterprise authorized under the chapter, either specifically or permitted as a special exception, which is principally devoted to the sale for consumption, either on or off the premises, of food, shall be permitted to be open to the public between the hours of 1:01 a.m. and 4:49 a.m., prevailing time.