Marcus Hook City Zoning Code
ARTICLE XVII
General Regulations
§ 196-106 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.
§ 196-107 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.
§ 196-108 Projections into required yards.
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, and none of these, except unenclosed decks or similar projects, shall encroach more than three feet into any required yard. In residential districts, such unenclosed decks may extend not more than seven feet into required rear yards.
§ 196-109 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 be a source of danger.
B.
Where a lot is located at the intersection of two streets, no obstruction of any kind whatsoever of a height greater than 24 inches shall be maintained or permitted within a sight triangle, the legs of which shall be 15 feet measured from the intersection of the curblines at the corner.
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.
§ 196-110 Accessory uses and structures.
A.
Except for industrial districts, 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 sheds, 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 industrial districts, accessory structures shall not exceed 15 feet in height.
E.
In a residential district, not more than one storage shed shall be placed on a lot. No storage shed shall exceed 100 square feet. Sheds shall be placed near the rear of the lot not less than five feet from the rear lot line.
F.
Accessory structures shall not be used for permanent or temporary human habitation.
G.
No storage shall be allowed in front yards in nonindustrial zoning districts.
§ 196-111 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 activity may not use any process or equipment which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference with radio or television reception.
F.
The business activity may not discharge any solid waste or sewage discharge which is not normally associated with residential use.
G.
The business activity may not occupy more than 25% of the lot area and not more than 33% of the gross floor area of the dwelling.
§ 196-112 Community residence facilities, family-based.
Family-based community residence facilities shall be permitted by right in all residential districts in accordance with the requirements below:
A.
No facility shall be located within 400 feet of an existing facility.
B.
There shall be not more than two residents per bedroom, and this is not to exceed a maximum number of seven residents per facility, not including staff.
C.
There must be a twenty-four-hour-a-day on-duty supervisor who is qualified 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.
Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies.
G.
All other applicable requirements of this chapter, the building code, fire code, and all other applicable Borough codes and ordinances and state regulations must be met.
H.
All community residence facilities will be available for reasonable periodic inspections by the Code Enforcement Officer (CEO).
I.
The operator of the facility must register the facility annually with the CEO and provide the following information:
§ 196-113 Family day-care homes.
Family day-care homes shall be permitted as an accessory use in all residential districts, subject to the following requirements:
A.
Any outdoor play area must be enclosed with a fence that shall be not less than four feet high and shall extend to the ground to prevent children from crawling underneath the fence.
B.
Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.
C.
The area for pickup and discharge of children must be free from traffic hazards.
D.
The appearance and exterior design of the facility shall be compatible with the surrounding dwellings.
E.
There shall be screening and planting consistent with the character of the surrounding uses.
F.
The facility shall display no sign that is inconsistent with the residential character of the neighborhood and shall be subject to Article XVI relating to signs.
G.
No portion of the facility shall be within 200 feet of a gasoline service station, underground gasoline storage tanks, heavy industrial operations, truck loading areas, or other hazardous uses or activities.
H.
Each facility must have the appropriate certificates as required by the Pennsylvania DPW 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 fire safety codes.
I.
The operator of the facility shall allow the Borough CEO to enter the property at reasonable times, subject to twenty-four-hour notice, to inspect the facility for compliance with this section and other applicable ordinances or regulations.
§ 196-114 Decks.
A.
Decks or porches located at the rear or side of a dwelling shall be placed not less than seven feet from the lot line or from the line of a common driveway or alley at the side or rear of the dwelling, which line is closest to the principal building.
B.
The deck shall be placed not less than one foot from the party wall of a twin or row dwelling. This setback is needed for access and maintenance.
D.
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 fastened into footings not less than six inches wide.
E.
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 Zoning Officer.
F.
Prior to constructing a deck or porch, a zoning permit must be obtained from the Zoning Officer, and a building permit must be obtained from the CEO.
G.
All materials used in the construction of a deck or porch shall comply with the most recently adopted Uniform Construction Code.
§ 196-115 Satellite antennas.
A.
Satellite antennas shall be permitted in all zoning districts.
B.
All wiring for ground-based antennas shall be underground.
C.
The satellite antenna shall be of a color that blends with the surrounding landscape.
D.
The satellite antenna should have an open mesh surface in order to blend with the surrounding landscape.
E.
Satellite antennas shall be located and designed to minimize the visual impact on the surrounding properties and public schools.
F.
All satellite antennas shall be adequately grounded for protection against a direct strike of lightning.
G.
Where possible, roof-mounted antennas should be located on the portion of the roof sloping away from the front of the lot.
H.
The installation of satellite antennas shall meet all other local, state, or federal codes where possible.
I.
The total height of a roof-mounted antenna shall not extend more than six feet above the roofline.
§ 196-116 Swimming pools, private.
A.
All swimming pools shall be located in the rear yard. In the case of a corner lot, no pool 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 four feet high must surround all swimming pools. However, the house or other building may serve as the safety barrier on one or more sides of the pool.
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 not be onto a neighboring property or into a sanitary sewer.
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.
A permit must be obtained from the Zoning Officer prior to construction or placement of a swimming pool.
§ 196-117 Fences and walls.
A.
Except as specifically noted otherwise, no wall, fence, hedge, or similar growth in a residential district shall exceed six feet in height at the side of the principal building and six feet in height behind the principal building. No fence shall be constructed in front of the principal building.
[Amended 4-7-2014 by Ord. No. O-14-1, approved 4-7-2014]
B.
In all other zoning districts, no wall, fence, hedge, or similar growth shall exceed six feet in height, except a fence in an Industrial Transition District and a fence in a Heavy Industrial District which shall not exceed eight feet in height, including one foot of barbed wire, and if located along a public street shall be uniform in appearance and height and black in color.
[Amended 5-1-2017 by Ord. No. O-17-2, approved 5-1-2017]
C.
Fences between properties shall be erected or placed inside the property line of the person erecting the fence.
D.
Except in industrial districts, 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.
E.
The fence shall be installed so that the finished side faces toward the outside of the property.
F.
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.
§ 196-118 Refuse. [1]
A.
Unless specifically stated otherwise for a particular district, all refuse shall be placed in closed, vermin-proof containers.
B.
In the case of multifamily buildings, 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.
§ 196-119 Lighting.
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.
§ 196-120 Planted visual screen.
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 structure 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)
Any other instance where screening is required by this chapter, by the Borough, or by the Zoning Hearing Board.
B.
A privacy fence may be substituted for a planted visual barrier only when there is insufficient area to provide a planted visual screen.
C.
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.
D.
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 screen.
§ 196-121 Landscaping.
A.
General regulations.
(1)
Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces, 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)
For every new building or alteration or expansion erected after the effective date of this chapter, landscaping shall be provided 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 Requirements | |
|---|---|---|
Central Retail | One tree and/or two shrubs that may be placed in the ground or in planters for every 20 feet of building width | |
Downtown Mixed Use | Same as for Central Retail | |
Planned Business Park | Five-foot-wide landscaped area in front of and at one other side of principal buildings. Also, five-foot-wide landscaped area along all road frontages. | |
Recreational Business Campus | Same as for Planned Business Park | |
Waterfront Mixed Use | Same as for Planned Business Park | |
Transit-Oriented | Same as for Planned Business Park and in accordance with § 196-73 | |
Apartment buildings and nonresidential buildings in residential districts | Same as for Central Retail |
§ 196-122 Private clubs.
Private clubs shall be permitted by right in the Central Retail 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.
§ 196-123 Condominiums.
§ 196-124 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 of any dangerous, hazardous, toxic, or explosive materials done on the premises.
C.
The nature and location of storage and outdoor display of merchandise and the predominant 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, ranging from seven days a week, 24 hours a day to several times a year, such as sport stadiums or fairgrounds.
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, and emissions recommended or required, and significant power structures and communication towers or facilities.
§ 196-125 Airport zoning.
No structure shall exceed the maximum height as calculated by reference to the Height Limitation and Zoning District Map for Marcus Hook 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] Marcus Hook 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.
§ 196-126 Trailers.
A.
Construction/office trailers, as defined in Article II, shall be temporarily placed at or near a work or construction site only after acquiring a permit from the Borough that shall be effective for not more than 90 days. The applicant may then apply for another permit.
B.
Trailers shall be prohibited in residential and commercial districts except for those used at new construction sites.
C.
Trailers shall be removed from the site within five days after completion of the construction or other work activity that was the basis for permitting the placement of the temporary trailer.
D.
In industrial districts, office/storage trailers shall require a permit from the Borough only if they are placed or intended to be placed within 200 feet of the right-of-way line of a public street. Such permits shall be effective for one year.
E.
Nothing in this section shall be construed to prohibit the parking of recreational trailers or similar vehicles in private garages or driveways.