Lawnside City Zoning Code
ARTICLE X
Supplementary Regulations
§ 96-84 Off-street parking and loading.
A.
Use regulations. In all districts in which the types of buildings and uses specified hereinafter are permitted by this chapter, off-street parking and off-street loading facilities in connection with such buildings erected after the adoption of this chapter and any extension, addition or enlargement of such buildings shall be provided in amounts not less than hereafter specified.
B.
Standards.
(1)
Parking facilities. The amount of required off-street parking facilities as set forth in this section shall be determined in accordance with the following:
(a)
For a hotel, boarding house or similar use: one parking space for each 100 square feet of bedroom floor area.
(b)
For a church, auditorium, theater, stadium, recreational establishment or similar use involving the assembly of persons: one parking space for each five seats.
(c)
For an office building, professional building or similar use: one parking space for each 300 square feet of floor area.
(d)
For each retail store, shop, bank or similar establishment: one parking space for each 200 square feet of first-floor retail merchandise or commercial area and one parking space for each 400 square feet of such area above or below the first floor.
(e)
For a restaurant or similar place dispensing food, drink or refreshments: one parking space for each 50 square feet of floor area devoted to patron use.
(f)
For a manufacturing establishment or industrial plant: one parking space for each 400 square feet of floor area, exclusive of storage space.
(g)
For hospitals, nursing homes and similar uses: one parking space for each three beds, plus one space for each two employees (other than staff doctors), plus one space for each doctor assigned to the staff.
(2)
Loading facilities.
(a)
For any building or premises used for commercial, industrial or storage purposes, indoor or outdoor space for loading and unloading of goods and materials shall be provided on the premises whenever the aggregate area used for such purpose is 6,000 square feet or more, in accordance with the following schedule:
(b)
Each loading space shall be at least 25 feet long and 10 feet wide. The minimum clear height of such space within a building shall be 12 feet.
(3)
The off-street parking facilities required for all buildings and uses specified in this section and for other similar uses shall be on the same lot or parcel of land as the building they are intended to serve unless adequate nearby facilities shall have been approved by the Board of Adjustment.
§ 96-85 Landscaping.
A.
Traffic visibility across corner lot. At or near an intersection, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of the motorists across the corner; provided, however, that this shall not prohibit the erection or growing of a fence, hedge, wall or shrubbery not exceeding two feet in height, and provided further that this prohibition shall be applicable for a distance of 100 feet from the point where the center lines of the intersecting streets meet.
B.
Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.
C.
Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.
D.
Landscaping. Where commercial or industrial establishments or other high traffic-generating uses abut a residential district, a landscape fence or evergreen planting providing visual obstruction shall be provided. Such fence or planting material shall be at least six feet high at the time of construction or planting, and it shall be the responsibility of the property owner to carry out this program and to provide for its maintenance.
§ 96-86 Gas stations.
A.
Use regulations.
(1)
No gas station shall be permitted except in a B-B Business District or an industrial district and upon application to and approval of the Board of Adjustment. The approval of the Board of Adjustment shall also be required for the enlargement of an existing gas station. The Board of Adjustment, in passing upon an application, shall consider:
(2)
The Board of Adjustment may require public notice and hearing on the application. A "gas station" shall be taken to mean any establishment which stores, sells or dispenses fuel for motor vehicles. Similar approval shall be required for a motor vehicle fuel pump maintained for private use.
B.
Location. No gas station shall hereafter be constructed less than 250 feet from a school, church or other public gathering place, measured in a straight line from the nearest point of the respective property lines.
C.
Fuel pumps. All fuel pumps, car lifts and other service appliances shall be located 15 feet from the street right-of-way lines and 25 feet from the side property lines.
D.
Storage tanks. The top of every gasoline storage tank shall be at least 36 inches below the surface of the ground.
E.
Surfacing. The entire area of the station or garage traversed by motor vehicles shall be hard-surfaced.
F.
Driveways. The maximum width of driveways shall be 30 feet. The minimum distance between driveways on any one site shall be 12 feet and the minimum distance of a driveway from an intersection shall be 25 feet.
G.
Traffic visibility across corner lot. For any station located on a corner lot, no parked vehicle or sign, well, fence or other structure shall be erected or altered which may cause danger to traffic on a street by obscuring the view of a vehicle approaching the intersection.
H.
Illumination. There shall be no direct or sky-reflected glare measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives.
§ 96-87 Private garages.
A.
Location. A private garage in a residential district shall be permitted only when used as an accessory building to a dwelling on the same lot. A private garage may be either a separate building or attached to or an integral part of the dwelling to which it is accessory.
B.
Attached garages. An "attached private garage," as used in this Article, shall include a garage attached to a residence by a permanent breezeway not more than 15 feet long.
C.
Area regulations.
(1)
A detached private garage shall not be closer to the street right-of-way line than the rear extremity of the dwelling to which it is accessory.
(2)
A private garage shall be at least three feet from the side and rear lot lines, except that this shall not prevent the building of a common or joint garage upon adjoining lots.
§ 96-88 (Reserved) [1]
§ 96-89 Fences, hedges, walls and landscaping.
[Amended 11-2-1988 by Ord. No. 17-1988].
A.
Traffic visibility across corner lot. At or near an intersection, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of the motorists across the corner; provided, however, that this shall not prohibit the erection or growing of a fence, hedge, wall or shrubbery not exceeding two feet in height, and provided further that this prohibition shall be applicable for a distance of 100 feet from the point where the center lines of the intersecting streets meet.
B.
Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.
C.
Construction. Fence, hedge, wall, shrubbery or other similar matter shall meet the following standards:
(1)
For residential use, fence, hedge, wall, shrubbery or other similar matter shall not exceed six feet in height on any property. Fence, hedge, shrubbery or other similar matter within 35 feet of any street right-of-way line shall not exceed four feet in height, except as indicated below:
(a)
Enclosures of permitted recreational uses may have a fence of maximum 12 feet in height, if the fence is within the building setback requirements;
(b)
On properties where a reverse frontage situation is identified and mandated by subdivision or site plan approval, fence, wall or shrubbery of up to six feet in height shall be permitted. The setback shall be to the approved shade tree or landscape easement line closest to the structure. Fences, walls and shrubbery permitted by this subsection shall have a gate in the fence, wall or shrubbery to provide access to the property between the easement of fence line and the property line to facilitate access for emergency vehicles and maintenance of the landscaped buffer easement by property owner. Where a reverse frontage property is directly adjacent to a property fronting on that street, fence, wall or shrubbery height, material and location shall be subject to Planning Board approval.
(2)
For nonresidential uses, all fence construction shall be subject to site plan approval and has no height or setback restrictions except those deemed necessary and reasonable by the approving Board.
(3)
Fence construction shall not alter or impede the natural flow of water in a stream, creek, drainage swail or ditch.
(4)
All fences, walls and other similar structures shall be securely built and adequately anchored.
§ 96-90 Height, yard and area requirements.
A.
Adherence to requirements. No building shall hereafter be erected or altered to exceed the height, or to occupy a greater percentage of the lot area, or to have narrower or smaller rear yards, front yards or side yards, or to occupy a lot of smaller area or lesser width, or to accommodate a greater number of families per house than is prescribed in the accompanying schedule of areas and heights for the zone in which such building may be located.
B.
Yard, height and area regulations.
(1)
Front yards. In any district where 40% or more of the properties fronting upon one side of a street between two street intersections (commonly known as a "block") and located in such district have been improved with buildings at the time of the passage of this chapter and a front yard of greater depth than the minimum required by the schedule of areas and heights for such district has been provided for the majority of such buildings, such minimum shall be disregarded and for it shall be substituted the requirement that no building or structure hereafter erected or altered in said portion of such district shall be placed nearer to the street line than the average depth of front yard established by such majority; except that the minimum depth of front yard for a dwelling on a lot between two adjoining lots upon each of which there is a building at the time of the passage of this chapter shall be the average of the depths of front yards provided for such buildings. Where less than 40% of such properties have been improved with buildings or where dwellings do not front upon a street, the minimum depth of a front yard shall be as required by the schedule of areas and heights.
(a)
Corner lots. In the interpretation of front, side and rear yards on a corner lot, the lesser dimension shall be considered as the frontage of the lot and the greater dimension shall be considered as the depth of the lot in the absence of a contrary designation by the owner when first applying for a building permit.
(b)
Porches. A porch may be erected in a front yard, provided that it is not closer to an adjoining property than the required width of the side yard and does not extend into the required front yard more than 10 feet.
(2)
Rear yards. The depth required by the schedule of areas and heights for rear yards shall be the depth exclusive of any portion used for accessory structures.
(a)
In measuring the depth of rear yards in cases where the rear lot line is not parallel to the street line, average dimensions shall be used.
(b)
In any residence district, no dwelling shall be located on a through lot unless such dwelling shall meet the requirement of the setback line for both streets.
(c)
In any business or industrial district when a portion of a building above the ground floor, but not the ground floor itself, is used as a dwelling, an open space in the rear thereof shall be provided for the stories used for residence purposes. Such space shall be open and unobstructed to the full width of the lot at least 12 1/2 feet in depth, at and above the windowsills of the lowest residence floor. An attached private garage shall not be closer to the front street than the dwelling to which it is accessory.
(3)
Required yards not to be reduced or used by another building. No open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing open space for any other buildings.
(4)
In any area of the borough which has not, at the time of the adoption of this chapter, been laid out in building lots by a filed plan, no one-family dwelling house shall be erected on a lot having a frontage of less than 60 feet at the building line nor having a total area (lot) of less than 7,200 square feet.
(5)
Exception to area requirements. A single-family dwelling may be constructed, in a district where permitted, on any lot shown on a recorded subdivision plat or on any lot of official record at the time of enactment of this chapter if the owner of such lot does not own any adjoining lot or adjacent land; provided that, in the opinion of the Board of Adjustment, the lot area and proposed yard spaces satisfy as closely as possible the lot and yard requirements of this chapter for the district in which such lot is located. Where the owner of a substandard-size lot owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot and the area and yard space provisions of this chapter shall hold.
C.
Exceptions to height limitations. The provisions of these regulations with respect to heights shall not apply to church spires, cupolas, grandstands, chimneys, flagpoles, radio aerials, television aerials and their supports, nor, if not occupying an area greater than 25% of the ground area covered by the main building, to domes, ornamental towers, observation towers, water towers, penthouses, hose towers, water tanks and scenery lofts.
D.
Number of dwellings per lot. In no case shall there be more than one main residential building on each subdivision lot of record.
§ 96-91 Steps and stairways.
No steps or stairways, open or enclosed, shall be erected upon or attached to the front or side of any building in any residence or business district, but nothing herein shall bar front or side porch steps and front or side entrance steps to the first floor only.
§ 96-92 Stands for conduct of business.
No stand of any kind for the conduct of business shall be permitted.
§ 96-93 Portable buildings and structures.
No structure or building of a portable nature, vehicle of any kind, trailer or tractor shall be permitted to be located or operated upon a lot in any residence or business district for dwelling purposes or for the purpose of selling food, merchandise or commodities of any kind. No such portable structure, building or vehicle shall be permitted in said districts for any other reason without the prior approval of the Board of Adjustment.
§ 96-94 Soil removal.
No soil, mineral or similar material may be removed from any lot except that which is purely incidental to construction of a building or structure. No excavation on any lot exceeding one foot in depth, except for the purpose of locating poles or of underground service connections of public utilities, shall be permitted unless a building permit is first secured.
§ 96-95 Architectural controls.
No building permit for any structure for which a building permit is required shall be issued if, when erected, it shall be at variance with either the placement or the functional plan of the structures already constructed or in the course of construction in the immediate neighborhood.
§ 96-96 Conformance to regulations required.
A.
Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any building or structure except in conformity with the regulations of the district in which such building or structure is located.
B.
Except as previously or hereinafter provided, it shall be unlawful to use any land or building for any purpose other than as permitted in the district in which such land or building is located.
§ 96-97 Public utilities.
B.
A complete set of site and building plans shall be submitted to the Planning Board, indicating the nature of use, building design, arrangement upon the lot, traffic and parking facilities (if needed), signs and landscaping. The Planning Board shall give due consideration to the land use, traffic, health, safety and general welfare and shall approve or disapprove the application based upon the following standards:
(1)
Every effort shall be made to either preserve the landscaping in its natural state or improve existing site conditions in keeping with adjacent areas.
(2)
In the case of freestanding buildings or structures and depending upon site characteristics, consideration shall be given to site positioning that provides a desirable focal point, does not block a natural vista, provides a desirable space enclosure or otherwise respects the established lot siting of surrounding buildings or structures.
C.
If the Planning Board shall approve or fail to act on any application referred to it within 30 days of the date of a submittal to said Board, the Building Inspector shall forthwith issue a building permit therefor.
§ 96-97.1 Dish type antennas.
[Added 10-1-1986 by Ord. No. 15-1986].
A. DISH ANTENNAS
Definition.
A dish type antenna is defined as a saucer or circular shaped antenna functioning as an antenna for reception of television programming. Such objects are also known as satellite dishes, satellite earth stations, and home video earth stations.
B.
Regulating dish type antennas. Dish type antennas shall be regulated in the Borough of Lawnside in accordance with this section.
C.
Location. A property owner in the Borough of Lawnside is permitted to install and/or erect one dish type antenna on such owner's property. This dish type antenna must be installed and/or erected on ground level: roof or tower installations are prohibited. The dish type antenna must be installed and/or erected in the rear yard of the property; side yard and front yard installations are prohibited. The dish type antenna, its foundation pad and supportive structure must be minimum of 10 feet from any property line. A dish type antenna is permitted as an accessory use only on a lot that contains a principal structure and said dish type antenna shall be designed for use by residents of the main building only. Power contact and signal cables from the ground mounted dish antenna to the served structure shall be buried in accordance with the appropriate code.
D.
Height and area. The dish type antenna, its foundation pad and supportive structure may not exceed a maximum height of six feet above ground level, and may not exceed a maximum of eight feet of antenna surface area.
E.
Screening. The dish type antenna must be screened on all sides from public view by use of opaque fencing to a height of six feet, or shrubbery, or both, wherein such screening shall be approved by the Planning Board, considering aesthetic, type, location and other such factors. The screen must be such so as to prevent the dish type antenna from being seen from a public right of way and from adjacent property owners' properties at ground level.
F.
Site plan. The property owner must submit to the Planning Board of the Borough of Lawnside and receive its approval, of a site plan. Such site plan shall be submitted in six copies and shall identify the location of: (a) the dish type antenna; (b) the engineering drawings of the dish type antenna demonstrating its methods of support and its foundations; (c) the method of installation; (d) the materials to be used; (e) the height of the dish type antenna and related structures; and, (f) the screening required. The applicant homeowner is required to obtain a building permit prior to installation and erection; however, no building permit may be used in the absence of site plan approval by the Planning Board.