Norwood City Zoning Code
PART 1
Zoning Ordinance of 2008
§ 300-1 Title.
This Part 1 shall be known and may be cited as the "Norwood Borough Zoning Ordinance of 2008."
§ 300-2 Purpose.
The zoning regulations and districts set forth in this Part 1 are designed to achieve the following purposes as stated in the Pennsylvania Municipalities Planning Code, Act 247 of 1968,[1] as amended:
A.
To promote, protect, and facilitate any or all of the following: the public health, safety, and general welfare; coordinated and practical community development and growth and proper population density; guidance on uses of land and structures, type and location of public grounds and facilities; promotion of energy conservation through planning practices; the provision of adequate light, water, and air, police and fire protection, transportation, sewerage, and schools; and preservation of the natural, scenic, and historic values in the environment, as well as the preservation of wetlands, aquifers, and floodplains.
B.
To prevent one or more of the following: overcrowding of land; blight; danger and congestion in travel and transportation; or loss of health, life, or property from fire, flood, panic, or other dangers.
C.
To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and a reasonable range of multifamily dwellings in various arrangements.
D.
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 300-3 Community development objectives.
The zoning regulations and districts set forth in this Part 1 are based on the goals and objectives which are stated in the Norwood Borough Comprehensive Plan of 2004. This Part 1 is intended to implement the principles, objectives, and recommendations of the Comprehensive Plan and to guide and regulate the orderly development and redevelopment of Norwood Borough.
§ 300-4 Establishment of districts.
For the purposes of this Part 1, Norwood Borough is hereby divided into the following zoning districts:
R-1 | Residential District |
R-2 | Residential District |
R-3 | Residential District |
TC | Town Center District |
HC | Highway Commercial District |
HC-A | Highway Commerical-A District |
OS | Open Space District |
§ 300-5 Minimum regulations; applicability; conformance required; existing uses and structures.
A.
Minimum and uniform regulations. Unless specifically indicated otherwise, the regulations set forth in this Part 1 shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
B.
Proposed uses and structures. In all zoning districts, after the effective date of this Part 1, any new building or other structure or any tract of land shall be constructed, developed, and used only in accordance with the regulations specified herein, except where a variance has been authorized by the Norwood Borough Zoning Hearing Board in accordance with Article XVIII.
C.
Existing uses and structures. In all districts, after the effective date of this Part 1, any lawful, existing building or other structure or any tract of land which is not in conformity with the regulations of the district in which it is located shall be deemed to be nonconforming and subject to the regulations of Article XV relating to nonconforming uses, structures and lots.
§ 300-6 Zoning Map; district boundary lines.
A.
The zoning district locations and boundaries are those that exist on the legally adopted Official Zoning Map, a copy of which is attached hereto and made a part of this Part 1. The original Zoning Map shall be kept on file in the Norwood Borough Hall. Whenever changes are made in the boundaries or other matter included on the said Zoning Map, such changes in the map shall be made by the Borough Engineer within 30 days after the amendment has been approved by Borough Council.
B.
Where possible, the boundaries between districts shall follow natural or man-made boundaries and lines. Unless otherwise indicated, boundaries shall be the center line or extension of the center line of a street, alley, or highway, railroad rights-of-way, streams, or other natural or man-made features that can form logical boundaries to districts.
C.
Where a district boundary line divides a lot held in single and separate ownership at the effective date of this Part 1, the regulations of the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than 25 feet from the district boundary.
D.
Boundaries indicated as appearing to follow platted lot lines shall be construed as following such lot lines. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. In any other circumstances not covered above or in the event of any uncertainty as to the boundary of any district, the Zoning Hearing Board shall interpret the district boundaries.
§ 300-7 Interpretation.
A.
In the interpretation and application of the provisions of this Part 1, the said provisions shall be held to be the minimum requirements for the promotion and protection of the public health, welfare, and safety. Where the provisions of this Part 1 impose greater restrictions than those of any other ordinance or regulation, the provisions of this Part 1 shall be controlling. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than this Part 1, the provisions of such statute, ordinance, or regulation shall be controlling.
B.
In interpreting the language of this Part 1 to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.
§ 300-8 Municipal liability.
The grant of a permit or approval under this Part 1 shall not constitute a representation, guarantee, or warranty of any kind by the Borough as to the safety of the proposed use and shall create no liability upon the Borough, its officials, or employees.
§ 300-9 Repealer.
§ 300-10 Word usage.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Part 1 to have the meanings indicated herein. Words used in the present tense include the future. The singular shall include the plural, and the plural shall include the singular. The word "building" includes the word "structure." The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for." The word "person" includes an individual, corporation, partnership, incorporated association, or any other similar entity. The word "includes" or "including" shall not limit the term to the specified examples but is intended to extend its meaning to all other instances of like kind and character. The words "shall" and "will" are mandatory and not discretionary, and the word "may" is permissive. Terms not defined herein shall have the meanings customarily assigned to them.
§ 300-11 Definitions.
In this Part 1, words, terms, and phrases shall have the following meanings:
Where a building or land is abandoned for six consecutive months for residential uses and 12 consecutive months for nonresidential uses, whereby the owner discontinues the use or occupancy, the building or structure shall be declared abandoned and may be required to be removed. In the case of abandonment of a nonconforming use, Article XV, Nonconforming Uses, Structures and Lots, applies.
A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
A commercial establishment where 15% or more of the sales floor area is devoted to books, magazines, periodicals, or other printed matter, photographs, motion pictures, videocassettes, slides, or other visual representations that contain or depict material characterized by the depiction or description of specified sexual activities or specified anatomical areas. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be characterized as an adult bookstore or adult video store.
Any establishment that permits patrons to hear, view, read, lease, purchase, trade, or exchange and/or participate in activities, publications, movies, videotapes, and/or live or televised performances which have as their dominant theme explicit sexual activities and/or the exhibition of human anatomy which is not normally seen in public or in other commercial or club-type operations and which may or may not exclude minors by virtue of age.
A narrow service access to the rear of properties and buildings providing service areas, parking access, and utility easements.
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress and egress, or any enlargement to or diminution of a building or structure, or the moving of a building from one location to another.
Any device or mechanism used in the collection, transmission, routing, or receiving of telecommunications transmissions, radio signals, or radio frequency energy, including, but not limited to, use by or provision of wireless communications, cellular communications, satellite communications, and personal communications services. (See §§ 300-91 and 300-131.)
A structure containing three or more apartment units.
One or more rooms with individual access, private bath and kitchen facilities, comprising an independent, self-contained dwelling unit in a building.
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.
An establishment containing games of a mechanical and electronic type, such as pinball and video games, that can be played by a customer for a fee.
A residence for individuals which provides rooms, meals, personal care, and supervision of medication. The facility may provide additional services to residents. No new assisted care facilities shall be permitted in the Borough upon enactment of this Part 1.
In contrast to pedestrian-oriented uses, these uses are generally related to, dependent on, or designed to accommodate customers in automobiles. They are generally located in more remote parts of a community than pedestrian-oriented uses. Frequently, amenities such as sidewalks, trees, benches, and similar amenities are not provided in locations where these uses are found. Typical automobile-oriented uses are drive-through establishments, big-box retail establishments, automobile sales, repair and service, wholesale businesses, and similar uses.
An enclosed area located partly or completely below grade. A basement shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average grade level around the building.
Retail store establishments in freestanding, industrial-style, one-story buildings, with floor areas of 60,000 square feet or more. Examples of such uses are Walmart, Costco, various retail clubs such as Sam's, and similar establishments.
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
The Norwood Borough Zoning Hearing Board.
See "rooming house."
The practice of physical body adornment in permitted establishments by operators utilizing tattooing and/or body-piercing cosmetics.
The Borough of Norwood.
A strip of land intended to separate one use or district from another by providing an open, unobstructed space intended to absorb, shield, or block noise, light, view, or other impacts of the use having the greater impact. Buffers shall be planted with grass or other ground cover and may be part of the required yards. Buffers are often employed between a residential district and an abutting nonresidential district having greater impacts. There shall be no structures, equipment, storage, parking, or trash disposal in buffer areas. Dimensions of buffers shall be as required by the zoning district.
Any structure, either temporary or permanent, having a roof or other covering and designed or used for shelter or enclosure of any person, animal, property, or equipment of any kind.
The ratio obtained by dividing the gross floor area of all principal and accessory buildings on a lot by the total area of the lot upon which buildings are located.
The vertical distance measured from the average level of the ground surrounding the structure to the top of the highest point of the roof for flat roofs and to the ridge of gable, hip, and gambrel roofs. Chimneys, spires, towers, steeples, mechanical equipment, tanks, vessels, antennas, and similar projections of the buildings not intended for human occupancy shall not be included in calculating the height, unless specifically stated otherwise in this Part 1.
A line parallel to the street right-of-way line which establishes the actual location of the front wall of the principal building on the lot.
See the definition of "zoning permit."
A line parallel to the street right-of-way line at a distance that is equal to the depth of the front yard required for the district in which the lot is located.
A tract or parcel of land that contains the wireless, cellular, or personal communications service antenna, its antenna support structure, accessory buildings, and parking and may include other uses associated with and ancillary to providing wireless communications, cellular communications, or personal communications services.
Includes, but is not limited to, the antenna, antenna support structures, and cell sites. (See also "cell site" above.)
A document issued by a duly authorized local authority allowing the occupancy of a building and certifying that the structure or use has been constructed or will be used in compliance with all applicable local codes and ordinances.
A facility that is licensed to provide care for seven or more children unrelated to the operator, where the child-care areas are not being used as a family residence.
The person appointed by Borough Council in accordance with the Pennsylvania Municipalities Planning Code (MPC)[1] whose duty it shall be to administer this Part 1 and such other ordinances as may be assigned by Council. The Code Official shall have the right to delegate duties of enforcement to other persons, such as the Building Inspector and other qualified individuals.
A facility that serves as a neighborhood dropoff point for the temporary storage of recyclables, is a maximum of 500 square feet, and is located on public property only.
Any self-propelled or drawn vehicle when used for commercial, nonprofit, or industrial purposes, or any vehicle so registered in accordance with the Commonwealth of Pennsylvania Vehicle Code,[2] or any truck, bus, or vehicle with a gross weight capacity of greater than 11,000 pounds.
A single way providing vehicular access to two or more properties. Generally, 1/2 of the driveway is in ownership of one owner, and the other half in ownership of the abutting owner. No new common driveways shall be permitted in the Borough.
Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests. This land may include complementary structures and improvements that are necessary and appropriate.
A comprehensive long-range plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations, and proposals for the community's population, economy, housing, transportation, community facilities, land use, and related areas.
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a structure, including the placement of mobile homes.
A retail store containing less than 5,000 square feet of gross floor area and being open 15 hours to 24 hours per day. It is designed to attract and depends upon a large volume of traffic.
A change in the use of a building, such as the change of a single-family dwelling into a multifamily dwelling or the change of a residential or retail use to offices. Such change may be accomplished without subdivision or the introduction of a new owner. Where the use and dimensional regulations of this Part 1 permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits.
The total volume of a structure (height multiplied by length multiplied by width), but excluding that portion of a stack or other projection that is higher than the highest point of the principal building.
The number of dwelling units per acre. This term refers to all the land within the boundaries of a particular area, including streets, rights-of-way, easements, etc.
The number of dwelling units per acre. This term refers to land within the boundaries of a particular area but excludes streets, rights-of-way, and easements in calculating net density.
Any landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision, land development, or any other development.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, utilities, dredging, filling, grading, excavation, or drilling operations and the subdivision of land.
An establishment which offers in-car service or takeout service, including, but not limited to, financial institutions, food stores, and restaurants, but not including drive-in theaters.
A private way used exclusively for circulation and ingress and egress to a street by the landowner or visitors of the lot.
See "refuse dumpster."
A building or unit designed and constructed for residential use.
A building containing three or more dwelling units, including units that are located one over another.
A single-family dwelling unit within a building, which unit has at least one party wall in common with other dwelling units in the same row; a townhouse or row house. After the effective date of this Part 1, no such building shall be constructed with more than six attached units.
A building designed for and occupied exclusively as a residence for only one family, with yards on all sides of the dwelling.
Two dwelling units, each accommodating one family, which are attached side by side by means of a party wall, with each dwelling unit having only one side yard.
A grouping of rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
A notice by an applicable Borough official concerning a violation of existing law.
An additional lane in any drive-through establishment located outside of a usual drive-through lane to allow vehicles to exit in the event of an emergency.
Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage, or adoption, including foster children, or not more than four unrelated individuals living together as a single housekeeping unit with single kitchen facilities.
A dwelling, licensed by the appropriate state agency, shared by persons requiring special care and their supervisors who live together as a single housekeeping unit in a family like environment. This facility is designed to create a residential environment for the developmentally disabled, mentally ill or retarded, handicapped, or similar groups unable to live without supervision. The maximum number of residents shall not exceed four, excluding supervisors. These facilities shall not be used to accommodate persons recovering from the effects of drugs or alcohol or inmates of penal institutions.
A home, other than the child's own home, operated for profit or not for profit, in which child care is provided at any one time to four, five, or six children unrelated to the operator. All required certifications and other requirements must be met before operation begins.
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space for which the floor-to-ceiling height is less than six feet. Gross floor area also includes, but is not limited to, the following:
The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
Any building located within a development site which is separate from any group or cluster development on such site and which shall comply with the regulations of the district in which it is located.
Any parking in front of the front building line of a structure, not including off-street parking, that is provided as part of a driveway and/or garage.
An accessory use which is attached to or an integral part of a residential building or dwelling unit, or an accessory structure used for the storage of motor vehicles and other personal property owned and used by the residents of the residential building or dwelling unit. Human habitation is not permitted in a private garage.
A building or structure available to the general public in which motor vehicles are temporarily stored but which is not used for the repair or maintenance thereof.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may include facilities for lubricating, washing, or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs.
A property and/or place of business where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles by a person other than the service station attendant.
A building constructed by increasing the efficiency for use and harvesting of energy, water, and materials and reducing building impacts on human health and the environment through better siting, design, construction, operation, maintenance, and removal. Residential developments with over 10 dwellings and commercial buildings with a footprint larger than 5,000 square feet are encouraged to incorporate green building techniques located in Appendix D.[4]
Those chemicals or substances which are defined as "physical hazards" or "health hazards" in the most recently adopted version of the Uniform Construction Code.[5]
A classification of a chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons. The term "health hazard" includes chemicals that are carcinogens, toxic or highly toxic agents, reproductive toxins, neurotoxins, agents that are capable of acting on the hematopoietic system, and agents that damage the lungs, skin, eyes, or mucous membranes.
A mark indicating the highest level, on average, reached by a body of water over a given period of time.
Any use that poses a health hazard or a significant threat from fire or involves the use of hazardous materials in any way that could endanger persons or property in the event of accidental discharge or combustion. Municipal uses with a heavy impact include a highway maintenance department, firehouse, heavy equipment storage, and similar municipal uses.
Any use whose impact is not heavy, as herein defined.
The coverage of the lot or tract area by materials that prevent the percolation of water into the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways, and any other similar surfaces.
Development that occurs on vacant or underutilized lots in otherwise built-up sites or areas. Infill projects can take several forms, such as a small addition in a residential backyard, a single-lot development, a brownfield development, or multiparcel projects in urban downtowns.
An off-street space or berth for the loading or unloading of commercial vehicles. Such spaces shall comply with Article X.
A parcel of land that is or may be occupied by a building and/or accessory structure or use, including open spaces and setbacks as are required within the district in which the lot is located.
The total horizontal area within the lot lines of a parcel.
A lot bounded by intersecting streets on at least two sides. Both yards adjacent to streets shall be considered front yards. The yard opposite the shorter street frontage shall be the rear yard, and the yard opposite the longer frontage shall be the side yard.
That percentage of a lot that is covered by all combined structures, paving, or any impervious surfaces. Also see the definition of "impervious surface."
The distance along a straight line measured from the midpoint of the front lot line to the midpoint of the rear lot line.
A line of public record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
The line separating the lot from the street right-of-way.
Any lot line, except the front lot line, which is parallel to or within 45° of being parallel to the front lot line and does not intersect any street line, except in the case of corner lots.
Any lot line that is not a front or rear lot line.
The smallest allowable lot area, as established by this Part 1, on which a use or structure may be located in a particular district.
The horizontal distance between the side lot lines, measured at right angles to the lot depth at the building setback line.
A single building containing more than one type of land use or a single development of more than one building and use where different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated by shared vehicular and pedestrian access, parking areas, landscaping, and other features.
A building designed or converted to accommodate three or more commercial tenants. Each tenant shall operate a use that is permitted in the district where the building is located.
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also cited as 53 P.S. § 10101 et seq., or any subsequent act of the Commonwealth of Pennsylvania that replaces, supplements, or repeals any or all of the provisions of Act 247. This law controls planning, zoning, and land development in Pennsylvania.
A structure for which construction was started after the effective date of this Part 1 and includes any subsequent improvements to such structures.
A business or commercial activity that is clearly secondary to the residential use and in which no persons other than members of the resident family are engaged. The use shall not provide for on-site parking in addition to that required for the residential use. No equipment is used other than that normally used for household or general office use.
Any lawful lot that does not conform to one or more of the applicable provisions of the district in which it is located either on the effective date of this Part 1 or of amendments thereafter.
A use, whether of land or a structure, which does not comply with the applicable provisions of this Part 1, where such use was lawfully in existence prior to the effective date of this Part 1 or amendments thereafter.
A reasonably level space, having a surface slope not exceeding 6%, used for parking a motor vehicle. Such space shall have an area as listed in Article X, which shall be exclusive of passageways, driveways, or other means of circulation or access.
A subjective standard that suggests that the relationship between the person and his environment is comfortable and contributes to the individual's sense of accessibility; frequently contrasted with vehicular (or monumental) scale.
Retail or commercial use that promotes and encourages walking, window shopping, and general pedestrian activity. Examples of these uses are restaurants, retail stores, food stores, service establishments, and similar businesses. These pedestrian-oriented establishments should be located in centralized areas and rely mainly on customers from nearby neighborhoods who could walk to these establishments. Attractive paving, sidewalks, pedestrian-oriented lighting, plazas, benches, and additional shade trees are an integral part of pedestrian-oriented commercial development.
Written municipal permission, issued by the appropriate local official, empowering the holder thereof to do some act not forbidden by law but not permitted without such authorization.
A business engaged in providing services involving the care or appearance of a person, his or her clothing, or similar personal needs. Included in this definition are barber, beautician, shoe repair, fitness club, laundry or cleaner, or similar establishment, but not including a tattoo parlor, massage parlor, or body-piercing establishment.
A chemical that is a combustible liquid, compressed gas, cryogenic, explosive, flammable gas, flammable liquid, flammable solid, organic peroxide, oxidizer, or unstable or water-reactive material.
A use whose primary purpose is leisure activities or games, such as a bowling alley, laser tag facility, or other indoor uses, but excluding arcades.
The Planning Commission of the Borough of Norwood.
A strip of trees, hedges, or other plantings adjacent to the boundary of a property which, at time of planting, shall be not less than six feet high and of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist primarily of dense evergreens that shall be planted not farther than seven feet from one another and shall be permanently maintained. Deciduous trees may be added to create interest and variety.
An open space that may be improved and landscaped, usually surrounded by streets, buildings, and/or one or more walls.
A building or use which is the primary building or use on a lot as distinguished from a building or buildings relating to an accessory, incidental, or subordinate use; the primary purpose for which land, a building, or the use thereof is designed, arranged, or intended.
A fence, including any gates, constructed of solid material through which no visual images can be seen.
The office of a member of a recognized profession maintained for the conduct of that profession, such as a doctor, dentist, lawyer, and other similar professions.
A formal meeting held pursuant to public notice by the Borough of Norwood or a planning agency and in accordance with the MPC,[7] intended to inform and obtain public comment prior to taking action.
All roads, streets, walkways, sidewalks, gutters, curbs, sewers, waterlines, stormwater management facilities, landscaping, streetlighting, traffic control devices, and other facilities to be dedicated to or maintained by the Borough of Norwood.
Leisure-time activities that involve playing fields and team participation, such as baseball, soccer, lacrosse, etc.
A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities.
Any camper, boat, trailer, house trailer, motor home, recreational trailer, or any other device used for the transportation of recreational vehicles containing single-axle or multiaxle structures mounted on wheels or otherwise capable of being made mobile when attached to a motor vehicle for purposes of travel, recreation, or vacation use.
Recreation without sporting fields, more generally trail-based hiking, mountain biking, horseback riding, wildlife viewing, picnicking, etc.
A container utilized solely for the collection of refuse, not to exceed 50 cubic feet.
A refuse container that exceeds 50 cubic feet in volume. All permanent refuse dumpsters shall employ a planted visual screen.
A building or use used as a place of religious worship and teaching, which may include schools, day-care centers, auditoriums, residences for persons serving the particular facility, and recreational facilities.
Any premises used for the sale, dispensing, and/or serving of food, refreshments, or beverages where the customer is normally involved with an individual menu and is served by a restaurant employee at the table, booth, or counter at which said items are consumed.
Land acquired by reservation, dedication, prescription, condemnation, or other legal manner and occupied, or intended to be occupied, by a street, crosswalk, electric transmission line, oil or gas pipeline, waterline, watercourse, or similar uses.
The line that forms the boundary of a right-of-way.
A permanent area of trees and shrubs located adjacent to streams, lakes, ponds, and wetlands, intended to provide protection and absorb, shield, or block a body of water from open space or development.
The line that marks the lowest point of the roof.
The line that marks the highest point of the roof. This term is applicable to most roofs other than flat roofs.
A dwelling unit or part thereof arranged or used for lodging, with or without meals, for which nightly, weekly, or monthly accommodations are provided to transient guests for compensation or other consideration. No rooming houses or boardinghouses shall be permitted in the Borough upon enactment of this Part 1.
Any barrier intended and designed to shield properties and uses from other uses or activities having a different sound and other impacts (e.g., screening of industrial uses or activities from nearby residential structures).
The distance between the street right-of-way line or a lot line and any building on a lot or tract.
The minimum distance from the street right-of-way line or any other lot line that establishes the area, commonly known as the "building envelope," within which the principal structure must be erected or placed.
A group of commercial establishments planned, constructed, and managed as a total entity, including both attached buildings and freestanding buildings with customer and employee parking provided on site.
Any object, device, display, or illustration which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, numbers, or symbols.
The entire face of a sign, including the advertising surface and framing, trim, or molding, but not including the supporting structure.
A sign that is mounted or painted on or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
A sign limited to directional messages principally for pedestrians or vehicular traffic, such as "entry" or "exit," "one way," "loading" or "service area," "fire lanes," "parking," or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
The area or display surface used for the message.
A detached sign which shall include any sign placed upon or in the ground, supported by a post, stake, etc., and not attached to any building.
A freestanding sign, other than a sign supported by a post or pylon, placed upon or supported by the ground, independent of any other structure.
A sign giving the nature, logo, trademark, or other identifying symbol, address, or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
A sign that depicts the menu of food and/or drink for sale at an eating or drinking establishment.
A sign with two or more display areas or sides on which messages can be displayed.
A sign indicating only the name and/or profession and address of the person(s) residing or legally occupying the premises.
A sign that is internally lighted by lamps, bulbs, tubes, etc., that are filled with neon gas.
A sign installed by a governmental agency and intended to direct or control traffic; to identify streets, parks, and historical events; or to provide other information deemed necessary by that official agency.
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
A type of temporary sign that has a high turnover, such as those advertising sales and frequent price changes. These signs are most commonly found on windows/doors of supermarkets, grocery stores, and beverage distributors. In most cases, these signs are constructed of paper, cardboard, or other lightweight materials.
A movable sign consisting of two faces, possibly hinged at the top.
The supports, uprights, braces, and framework of the sign.
A sign that is used in connection with an event, situation, or circumstance that is designed or intended to take place or be completed within 30 days after the permit for the sign was issued or is intended to remain on the location where it is placed or erected for not more than 30 days.
A sign posted on, suspended from, or otherwise affixed to a wall or vertical surface of a building that does not project more than 12 inches from the wall or vertical surface to which it is attached. Signs shall not be painted on any surface.
A sign attached or affixed to a window or door.
A small retail store or shop, having a floor area not more than 500 square feet, intended to serve customers of the various uses in the TC Town Center District and passing pedestrians.
An authorized use that may be granted only by the Zoning Hearing Board in accordance with express standards and criteria as expressed in Article XIII.
A parking arrangement where one vehicle is located directly behind another. The rear vehicle must move in order for the vehicle in front to exit the parking.
A freestanding structure in a nonresidential district with a height of no more than 15 feet and an area of no more than 200 square feet with its primary purpose being storage.
A freestanding structure in a residential district with a height of no more than 10 feet and an area of no more than 100 square feet with its primary purpose being storage.
A public or private way used or intended to be used as a means of vehicular and pedestrian travel and access to abutting properties and space for public utilities that is improved in compliance with all Borough requirements for public or private streets.
The line dividing the street and the abutting property. The street line shall be the same as the street right-of-way line.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
A large retail establishment primarily selling food as well as other convenience and household goods. A supermarket shall have not less than 20,000 square feet of floor area and may contain branch banking facilities, video rentals, a pharmacy, eating areas, and similar accessory establishments.
Any body of water, tank, or receptacle of water having a depth at any point of greater than two feet, used or intended to be used for swimming or bathing solely by the owner, his family, and guests of the household and constructed, installed, established, or maintained outside any building in or above the ground upon any premises as an accessory use to the residence. Such swimming pools shall comply with Article XII, Specific Regulations. Also see "swimming pool, wading."
Small and sometimes portable pools, generally intended for and used by children, that do not comply with the above definition for private swimming pools and the requirements in § 300-90.
A building containing single-family attached dwelling units (townhouse units) in which each townhouse unit is attached only by a party wall or walls to one or two other townhouse units. Townhouse buildings erected after the effective date of this Part 1 shall contain not more than six attached units.
An area, lot, parcel, site, or property which is the subject of a subdivision and/or land development.
The total acreage of a subdivision or land development. Tract area shall be measured to the ultimate right-of-way line of public streets.
A tract of land developed, operated, and maintained as a single entity and containing two or more structures to accommodate retail, service, commercial, office, industrial, and residential uses. The development shall have common accessways, parking areas, and landscaping and shall be developed following a common architectural scheme.
The specific purpose for which land or a building is designed, arranged, or intended or for which it may be occupied or maintained. The term "authorized use" or its equivalent shall not be deemed to include any nonconforming use.
Any principal or accessory use allowed by this Part 1 as a use by right, conditional use, or use by special exception.
The specific primary purpose for which a lot or site is used.
A hardscaped pedestrian path of a width required in this Part 1 that does not follow a course parallel to the public street, as in the case of a sidewalk.
An unobstructed open space on the same lot with a principal building that extends from a street line or lot line inward to the principal building.
A yard extending the full width of the lot, the depth of which extends from the front lot line to the nearest point of the principal building.
The area between the parking lot or an interior driveway in a development and the principal building(s).
A yard extending the full width of the lot, the depth of which extends from the rear lot line to the nearest point of the principal building.
The open space between a lot line and the buildable area or "building envelope" within which the principal structure must be erected or placed.
A yard extending between the inside lines of the front and rear yards and extending in width from the side lot line to the nearest point of the principal building.
An area in the Borough of Norwood in which regulations under this Part 1 uniformly apply, including overlay districts.
The ordinance that divides the Borough into areas or zones that specify allowable uses for real property, size, and locational restrictions for buildings within these areas.
Written permission, issued by the Zoning Officer or other appropriate municipal official, empowering the holder thereof to erect or alter a building or structure, including signs and fences, to change the use of a building or land, and to change or extend a nonconforming use. Also known in the Borough as a "building permit," this permit is used for all zoning-related matters.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[3]
Editor's Note: See 53 P.S. § 10601 et seq.
[4]
Editor's Note: Appendix D is included at the end of this chapter.
[6]
Editor's Note: See 53 P.S. § 10401 et seq.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 53 P.S. § 10601 et seq. and 53 P.S. § 10901 et seq., respectively.
§ 300-12 District purposes.
The purposes of the R-1 District are to provide for medium-density residential development and to develop regulations that are designed to stabilize and protect the residential characteristics of the district and encourage a suitable environment for residential activities. The district also allows for protection of open space and recreation, as well as selected residential and municipal uses permitted by special exception and nonresidential uses permitted by conditional use.
§ 300-13 Uses permitted by right.
§ 300-14 Uses permitted by special exception.
§ 300-15 Uses permitted by conditional use.
§ 300-16 Accessory uses and structures.
§ 300-17 Dimensional regulations.
Unless otherwise specified, the following shall be minimum requirements:
A.
Single-family detached dwelling:
(1)
Lot area: 5,000 square feet.
(2)
Lot width: 50 feet.
(3)
Front yard: 20 feet, but any infill shall not be less than the average setback on the block.
(4)
Side yards: 20 feet aggregate, eight feet minimum.
(5)
Rear yard: 25 feet.
(6)
Building coverage: 30%, maximum.
(7)
Impervious surface: 50%, maximum.
(8)
Height: three stories or 35 feet, maximum.
§ 300-18 Development regulations.
A.
The area behind the principal dwelling shall not be used for permanent storage or repair of automobiles, trucks, boats, mobile homes, trailers, or similar vehicles or conveyances. Temporary storage of these vehicles or vessels shall not exceed a period of 30 days.
B.
Vehicular access shall be provided by individual driveways to serve dwellings or other permitted uses. No common driveways shall be permitted.
§ 300-19 Institutional land.
A.
Institutional land has a special impact on the community. This is particularly true in Norwood where the Zoning Map provides for one large district (R-1) where most of the institutional uses in the Borough are permitted. Accordingly, the Borough has a special interest in the future of such properties in the event of abandonment or change of use.
B.
It is the intent of this section to ensure a reasonable choice of appropriate use in the event of abandonment, change of use, or nonuse of land where institutional uses are located. In such event, on its own motion or upon petition for rezoning, the Planning Commission shall consider whether the land is suitable for continued institutional use or whether it is best suited for another use and shall make appropriate recommendations to Borough Council.
§ 300-20 District purposes.
The purposes of this district are to provide for medium- and medium/high-density residential development, mainly in the form of single-family semidetached dwellings. Townhouse developments are permitted by special exception only. The district also contains regulations designed to stabilize and protect its residential characteristics, encourage a suitable environment for residential activities, and accommodate the impacts from higher-density development.
§ 300-21 Uses permitted by right.
§ 300-22 Uses permitted by special exception.
§ 300-23 Uses permitted by conditional use.
§ 300-24 Accessory uses and structures.
All accessory uses and structures permitted by § 300-16 in the R-1 Residential District shall also be permitted in the R-2 District.
§ 300-25 Dimensional regulations.
Unless otherwise specified, the following shall be minimum requirements:
A.
Single-family detached dwelling:
(1)
Lot area: 4,500 square feet.
(2)
Lot width: 45 feet.
(3)
Front yard: 20 feet, but any infill shall not be less than the average setback on the block.
(4)
Side yards: 18 feet aggregate, eight feet minimum.
(5)
Rear yard: 25 feet.
(6)
Building coverage: 35%, maximum.
(7)
Impervious surface: 55%, maximum.
(8)
Height: 35 feet or three stories, maximum.
B.
Single-family semidetached dwelling (per unit – two twins):
(1)
Lot area: 3,500 square feet.
(2)
Lot width: 35 feet.
(3)
Front yard: 20 feet, but any infill shall not be less than the average setback on the block.
(4)
Side yard: 10 feet on one side.
(5)
Rear yard: 25 feet.
(6)
Building coverage: 45%, maximum.
(7)
Impervious surface: 65%, maximum.
(8)
Height: 35 feet or three stories, maximum.
§ 300-26 Development regulations.
§ 300-27 District purposes.
The purposes of this district are to provide for medium/high-density residential development in the form of apartments and townhouses, to protect and preserve existing medium/high-density developments, and to provide for certain uses with higher impacts by special exception or conditional use.
§ 300-28 Uses permitted by right.
§ 300-29 Uses permitted by special exception.
§ 300-30 Accessory uses and structures.
§ 300-31 Dimensional regulations.
Unless otherwise specified, the following shall be minimum requirements:
A.
Single-family attached dwelling (single townhouse unit):
(1)
Lot area: 2,000 square feet.
(2)
Lot width: 20 feet.
(3)
Front yard: 20 feet.
(4)
Side yard: 10 feet at end of row, 20 feet where an access driveway is provided.
(5)
Rear yard: 25 feet.
(6)
Distance between buildings: 20 feet.
(7)
Building coverage: 50%, maximum.
(8)
Impervious surface: 70%, maximum.
(9)
Height: 35 feet or three stories, maximum.
B.
Multifamily dwelling (apartment building):
§ 300-33 District purposes.
The purposes of this district are to create a traditional, pedestrian-oriented, town center by providing for retail, service, and other commercial establishments, as well as civic, municipal, recreational, and mixed uses. District provisions combined with the Norwood Town Revitalization Plan call for providing or improving sidewalks, street furniture, trees, and gathering places intended to help achieve this goal. Additionally, the district provides for residential accommodations on second floors and public transit in the form of rail. Secondary purposes include retaining and preserving existing buildings and parking areas. This district will also serve to create a focal point that emphasizes a sense of place, identity, and character of the Borough.
§ 300-34 Uses permitted by right.
Land, buildings, or premises shall be used by right for only one or preferably a mix of the following uses:
A.
Small-scale retail establishment, as defined in Article II, such as a convenience store, bakery, grocer or farmer's market, local hardware and pharmacy, music store, bookstore, travel agency, street vendor, and similar uses.
B.
Personal service shop such as dry cleaner, barber, beauty salon, and other similar uses, excluding adult uses.
C.
Studio for music, dance, fitness, art, and similar uses.
D.
Food and beverage establishment, including outdoor dining such as a restaurant, coffee shop, delicatessen, and similar uses.
E.
Municipal use, light impact.
F.
Public park, plaza, square, courtyard, and similar uses.
G.
Apartment, located on the second floor only.
H.
Public transit and related facility, rail only.
I.
Gallery space, museum, and similar uses.
§ 300-35 Uses permitted by conditional use.
The following shall be permitted as conditional uses only, subject to the applicable provisions of Article XIV:
E.
Any use of the same general character as those permitted in §§ 300-34 and 300-35. Such use shall be permitted by Borough Council upon the recommendation of the Planning Commission, shall be consistent with the purposes of the district, comply with the performance standards in Article XVI, and not be detrimental to the surrounding neighborhood. To determine if a proposed use is of the same general character as any of the listed permitted uses, Borough Council and the Planning Commission shall evaluate its impacts against the compatibility standards in Article XII, Specific Regulations.
§ 300-36 Accessory uses and structures.
§ 300-37 Prohibited uses.
No building or premises may be erected, altered, or used for any trade, industry, or business that is clearly automobile-related, as defined in Article II, or is noxious or offensive by reason of odor, dust, smoke, gas, noise, or similar impacts or is dangerous to public health or safety. No drive-in or drive-through business or activity shall be permitted, and no gas or diesel internal combustion engine shall be used in any commercial activity. Also, consistent with § 300-33, District purposes, no large, single uses, including big-box uses, as defined in Article II, shall be permitted.
§ 300-38 Dimensional regulations.
§ 300-39 Development regulations.
A.
No goods, articles, or equipment shall be stored, displayed, or offered for sale in front of the front line of a building, except for temporary sales or promotions lasting not more than three days. Any event or sale exceeding three days' duration, including street vendors, shall obtain a permit from the Borough.
B.
All signs, lighting fixtures, and similar facilities and amenities shall be designed and constructed in keeping with the architectural character and theme of the Town Center District and surrounding buildings and facilities.
C.
All principal uses shall be completely enclosed in a building, and no drive-through establishment shall be permitted.
D.
Where feasible, deliveries shall be made to the rear of each building or row of buildings.
F.
No outdoor storage shall be permitted.
G.
The storage of refuse shall comply with applicable provisions of Article XII, Specific Regulations.
I.
Furnishings for outdoor dining shall be limited to tables, chairs, and umbrellas. Refuse facilities shall be required. A minimum pathway of at least five feet shall be provided so as not to impede pedestrian traffic flow.
§ 300-40 Design standards.
This section shall apply to structures constructed after this Part 1 is adopted and to new additions of 400 square feet or more.
A.
Pedestrian system.
(1)
Sidewalks or walkways that are hard-surfaced and not less than five feet wide shall be required in front of and/or adjacent to residential, commercial, or mixed-use buildings to connect with the pedestrian walkway system and to provide connection to the transit station.
(2)
Sidewalks shall be constructed along the frontage of all public streets.
(3)
Stairs and ramps consistent with ADA standards shall be provided where necessary to provide a direct route to the walkway system.
(4)
Walkways that cross parking, loading, or driveway areas must be clearly identifiable through the use of elevation changes, different paving materials, or other similar methods.
(5)
Buildings shall be oriented toward the pedestrian by providing a direct link between the building and the pedestrian walkway network, with emphasis on directing people toward transit stops/stations.
(6)
All parking areas, driveways, and loading areas shall be lighted adequately for safety and convenience of customers, delivery vehicles, and other users. All lighting fixtures shall be shielded from street traffic and from abutting residential properties.
(7)
Where practicable, plazas shall be provided. Not less than one seating space for each 250 square feet of plaza area shall be provided.
B.
Building walls and facades.
(1)
Unscreened, flat, blank walls shall be avoided to provide a pleasant pedestrian experience by connecting activities within a structure to the adjacent sidewalk and/or transit stop.
(2)
While architectural styles shall be compatible throughout the development, building facades should be visually interesting and diverse.
(3)
Buildings must have at least a five-foot offset in all facades for every 40 feet of continuous facade. Such offsets may be met through the use of bay windows, porches, porticos, building extensions, towers, and other architectural treatments.
C.
Parking lots and garages.
(1)
Surface parking shall preferably be located at the rear of the building or, if not feasible, at the side.
(2)
Parking garages and surface parking lots shall not dominate the development site.
(3)
Surface parking areas with 20 or more spaces shall be screened along all sidewalks by a masonry wall, fence, or similar treatment, not less than three feet high, that is compatible with adjacent structures.
(4)
Shared parking is encouraged. Where applicable, a shared parking plan must be approved by the Borough. Shared parking and off-site parking shall comply with § 300-67.
(5)
Parking garages shall be served by pedestrian walkways and connection to the sidewalk/pedestrian system. These walkways shall be clearly marked and continuous in design.
(6)
Vehicles shall be visually screened from adjacent buildings and the street, and such screening shall be in keeping with the remainder of the building's architectural style and materials.
(7)
Parking garages shall be architecturally integrated or designed with an architectural theme similar to that of surrounding buildings.
(8)
Surface parking areas with 20 or more spaces shall be divided into separate areas by landscaped islands not less than 10 feet in width. Such parking areas shall have not more than 20 continuous parking spaces.
(9)
Not less than 20% of any parking lot shall be landscaped.
D.
Streetscapes.
(1)
Street trees, planted at intervals of not less than every 50 feet, shall be required along all sidewalks. Existing trees may count toward this requirement.
(2)
Pedestrian amenities, such as benches, public art, picnic areas, seating areas, fountains, planters, etc., shall be located in landscaped areas, open spaces, and plazas or along public streets.
E.
Bicycle parking.
(1)
Parking lots should include one bicycle parking space per 20 vehicle spaces, with a minimum of two.
§ 300-41 District purposes.
The purposes of this district are to provide for a wide range of highway-oriented retail and service uses that serve both local and regional customers and allow sufficient space for automobile-related merchandising. A secondary purpose is to provide apartments above street-level commercial uses. Large-scale uses and those having greater impacts on the surrounding area are permitted as conditional uses only.
§ 300-42 Uses permitted by right.
Land, buildings, or premises shall be used by right for only one or more of the following uses. However, any use below with a lot area greater than 25,000 square feet shall require a conditional use permit.
A.
All uses permitted by right in the TC Town Center District.
B.
A drive-through business such as a restaurant, bank, or similar drive-through use, including a remote automated teller machine and standard walk-in or sit-down business.
C.
Caterer.
D.
Convenience store.
E.
Technological use, including data processing, telecommunications, broadcasting, laboratory, research and development, and similar uses.
F.
Establishment that contains both a workshop and a retail outlet or showroom, provided that the workshop is in the rear half of the building.
G.
Trade shop, such as electrician, carpenter, plumber, or similar practitioner.
H.
Laundry or laundromat.
I.
Beverage distributor.
J.
Business and professional office, such as dental, medical, physical therapy, accountant, lawyer, and similar professions.
K.
Municipal use, light impact.
L.
Municipal firehouse.
M.
Apartment above first floor only.
N.
Open space, park, or recreational area.
§ 300-43 Uses permitted by conditional use.
The following shall be permitted as conditional uses only, subject to the applicable provisions of Article XIV, Conditional Uses, and the specific sections cited below:
A.
Church or other religious use, including rectory, classrooms for religious instruction, or similar customary religious activities, subject to § 300-118.
I.
Place of amusement, such as a bowling alley, laser tag, and similar indoor amusement uses, but not including arcades, subject to § 300-130.
M.
Any use of the same general character as those permitted in §§ 300-42 and 300-43. Such use shall be permitted by Borough Council upon the recommendation of the Planning Commission, shall be consistent with the purposes of the district, comply with the performance standards in Article XVI, and not be detrimental to the surrounding neighborhood. To determine if a proposed use is of the same general character as any of the listed permitted uses, Borough Council and the Planning Commission shall evaluate its impacts against the compatibility standards in Article XII, Specific Regulations.
§ 300-44 Accessory uses and structures.
§ 300-45 Dimensional regulations.
§ 300-46 Development regulations.
C.
Where feasible, deliveries shall be made to the rear of each building or row of buildings.
D.
All parking areas, driveways, and loading areas shall be lighted adequately for safety and convenience of customers, delivery vehicles, and other users. All lighting fixtures shall be shielded from street traffic and from abutting residential properties.
E.
No fluorescent, flashing lights shall be employed at any establishment in the HC Highway Commercial District. Simple neon lights such as those often used in restaurant windows shall be permitted.
F.
Where a new building or addition to an existing building is proposed, a planted visual screen as defined in Article II shall be provided at the boundary line with all residential districts.
§ 300-47 District purposes.
The purposes of this district are to provide for a wide range of highway-oriented retail and service uses that serve both local and regional customers and allow sufficient space for automobile-related merchandising. A secondary purpose is to provide apartments above street-level commercial uses. Large-scale uses and those having greater impacts on the surrounding area are permitted as conditional uses only. This district also allows for adult-oriented uses and provides controls to protect nearby residential neighborhoods.
§ 300-48 Uses permitted by right.
Land, buildings, or premises shall be used by right for only one or more of the following uses. However, any use below with a lot area greater than 25,000 square feet shall require a conditional use permit.
§ 300-49 Uses permitted by conditional use.
The following shall be permitted as conditional uses only, subject to the applicable provisions of Article XIV, Conditional Uses:
A.
All conditional uses permitted in § 300-43 of the HC Highway Commercial District shall also be permitted in the HC-A District, excluding child day-care centers.
E.
Uses of the same general character as those permitted in §§ 300-42 and 300-43. Such use shall be permitted by Borough Council upon the recommendation of the Planning Commission, shall be consistent with the purposes of the district, comply with the performance standards in Article XVI, and not be detrimental to the surrounding neighborhood. To determine if a proposed use is of the same general character as any of the listed permitted uses, Borough Council and the Planning Commission shall evaluate its impacts against the compatibility standards in Article XII, Specific Regulations.
§ 300-50 Accessory uses and structures.
§ 300-51 Dimensional regulations.
§ 300-52 Development regulations.
D.
Where feasible, deliveries shall be made to the rear of each building or row of buildings.
E.
All parking areas, driveways, and loading areas shall be lighted adequately for safety and convenience of customers, delivery vehicles, and other users. All lighting fixtures shall be shielded from street traffic and from abutting residential properties.
F.
No fluorescent, flashing lights shall be employed at any establishment in the HC-A Highway Commercial-A District. Simple neon lights such as those used in restaurant windows shall be permitted.
G.
Where a new building or addition to an existing building is proposed, a planted visual screen as defined in Article II shall be provided at the boundary line with all residential districts.
§ 300-53 District purposes.
The primary purpose of this district is to provide for the retention and enhancement of open space, recreation, and conservation areas such as Darby Creek, Muckinipates Creek, Norwood Park, Kugler Park, and other waterways and undeveloped areas near or adjacent to the John Heinz National Wildlife Refuge. Other purposes are to assure the preservation of significant natural resources such as bodies of water, marshlands, and wooded areas and to establish reasonable controls in order to maintain the benefits of open space, recreation, and conservation areas. Single-family detached dwellings are permitted by conditional use only. In addition, municipal uses will be permitted by special exception only. District regulations for uses permitted by right, conditional use, and special exception are strict in their nature with the intent to ensure that there will be no adverse effect on the natural resources and wildlife in the district or nearby residential areas.
§ 300-54 Uses permitted by right.
Land, buildings, or premises shall be used by right for only one or more of the following uses:
A.
Wildlife refuge, forest preserve, nature center, arboretum, and similar preservation and conservation uses.
B.
Passive recreational use, including hiking, walking, bicycling, picnicking, fishing, boating, ice skating, and similar recreational uses.
C.
Camping, provided that all applicable regulations of the facility are followed, such as registration, obtaining permits, etc.
D.
Active recreational use, as defined in Article II, including play fields and areas and materials necessary for the competition or scorekeeping of games, such as backstops, bleachers/benches, scoreboards, and similar items that are not detrimental to the area.
E.
Any use of the same general character as the above permitted uses, provided that such use is consistent with the purpose of the district and not detrimental to the surrounding area.
§ 300-55 Uses permitted by special exception.
§ 300-56 Uses permitted by conditional use.
§ 300-57 Accessory uses and structures.
F.
Concession related to a use permitted by right.
§ 300-58 Special regulations.
A.
Open space character. Buildings or other structures shall not compromise the natural value of floodplains, stream valleys, wooded areas, or other sensitive areas and shall be planned, designed, and located to minimize the disturbance of such areas or features.
B.
Use of appropriate materials. Where possible, parking areas, driveways, and similar areas should be covered with pervious materials, consistent with the open space character of this district. Any construction that takes place should be completed using recyclable materials that are not detrimental to the purposes of this district.
C.
Legal mechanisms to permit access. Public access easements, deed restrictions, or other legal mechanisms to permit access to or through privately owned land for such purposes as walking, hiking, fishing, bicycling, and similar activities are strongly encouraged.
E.
Consistency with other studies. Recommendations contained within the Delaware County Coastal Zone Compendium of Waterfront Provisions of 1998 and the Darby Creek Greenway Plan, as to be adopted in the future, shall be consulted prior to construction of or addition to any building or facility.
§ 300-59 Dimensional regulations.
Unless specifically stated otherwise, the following shall be minimum requirements for uses permitted by right:
§ 300-60 Purposes.
The primary purposes of this article are to adequately provide for the parking needs of all uses in the Borough and to reduce traffic congestion on public streets by allowing provisions for off-street parking facilities in order to support faster emergency access to all districts. The secondary purposes include providing for the special parking needs of handicapped drivers, allowing flexibility in meeting parking needs by utilizing methods such as off-site and shared parking arrangements, and creating requirements for all loading, landscaping, and design of parking facilities.
§ 300-61 Applicability.
C.
Provision and retention of facilities. All required parking facilities should be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent except when such reduction is in conformity with this article.
§ 300-62 General regulations.
A.
Where a use is not specifically listed in this Part 1, the Zoning Hearing Board shall apply the standards of the most similar use listed to determine the number of parking spaces required.
B.
If the computation of the parking ratios listed in § 300-65 results in a fraction, an additional parking space shall be required.
C.
All parking areas of 10 spaces or more, loading areas, and driveways shall be graded and surfaced with bituminous paving or equivalent surfacing and graded to properly dispose of all surface water accumulation within the parking area in conformance with municipal standards so as not to allow drainage onto any adjoining property.
D.
In off-street parking areas with five or more spaces, each space shall be clearly line-striped and maintained.
E.
All parking areas with five or more spaces shall be adequately lighted so as to assist in the safe maneuvering of motor vehicles and to provide security for users of the lot. All lighting shall be arranged to avoid glare on adjacent properties.
F.
Parking or storage of disabled, partially dismantled, or junked cars, trucks, boats, or other vehicles shall be permitted on a lot for a continuous period of not more than five days.
G.
Front yard parking, as defined in Article II, is prohibited. No unpaved, front yard parking shall be permitted. Expansion of the driveway or parking pad into an area otherwise utilized for the front yard is considered front yard parking and is not permitted.
H.
Except for light maintenance, heavy repair work on vehicles shall not be permitted in parking areas.
I.
All off-street parking lots shall comply with provisions of the Delaware County Land Development and Subdivision Ordinance of 2007, as now exists or may be adopted, for any standards not explicitly stated within this Part 1.
K.
Where off-street parking lots abut walkways, walls, fences, buildings, or public rights-of-way, bumper guards, curbs, or wheel stops shall be installed to ensure that vehicles will not strike or obstruct them.
L.
No commercial or recreational vehicle over 11,000 pounds may park for a period of more than four hours in an on-street parking space.
M.
A commercial or recreational vehicle and utility trailer may be parked on the owner's property only if stored or parked behind the front edge of the building line. It must be parked in such a manner so as not to restrict the visibility of traffic using any adjacent public street. Recreational vehicle wheels and utility trailer wheels must at all times be blocked or otherwise rendered immobile so as to prevent any movement of the vehicle while it is in a stopped position.
O.
New common driveways shall not be permitted in the Borough.
§ 300-63 Parking regulations for TC District.
A.
B.
Proposals for uses that would utilize parking in any arrangement other than the standard on-site/off-street manner must be accompanied by a written agreement between the applicant and the owner of the parking facility indicating that such parking space will be provided to serve the proposed use or expansion of an existing use. Prior to the approval of any proposed use or expansion necessitating other than the standard off-street/on-site parking, the Code Official must certify in writing that such parking arrangements have been executed and that all required spaces have thereby been provided.
§ 300-64 Parking regulations for HC and HC-A Districts.
New construction and/or expansion of existing uses in the HC Highway Commercial and HC-A Highway Commerical-A Districts shall provide off-street parking as follows:
A.
Any permitted use in the HC or HC-A District shall provide one off-street parking space for the first 4,000 square feet of gross floor area (GFA).
B.
Uses with a GFA larger than 4,000 square feet shall provide off-street parking spaces in accordance with the ratios identified for that respective use in § 300-65 below.
C.
Stacking of automobiles, as defined in Article II, shall be permitted in the HC and HC-A Districts for employees of institutional and office uses only to assist in reaching the required off-street parking requirements in § 300-65. Any stacking of automobiles shall be located in the rear or side yard only, be limited to a maximum of two vehicles, and not interfere with the ingress or egress of other vehicular traffic.
§ 300-65 Required parking ratios.
A.
Residential uses:
Use | Off-Street Parking Requirements | |
|---|---|---|
Single- and two-family dwelling | 2 spaces for every dwelling unit | |
Townhouse | 2 spaces for every dwelling unit | |
Multifamily dwelling | 2 spaces per dwelling unit, plus 1 space for every 4 dwelling units for guests in developments/buildings of 12 or more units | |
Conversion | 2 spaces per unit | |
Community residence facility | 1 space for every 2 bedrooms, plus 1 for each employee |
B.
Public or private recreational uses:
Use | Off-Street Parking Requirements | |
|---|---|---|
Private club | 1 space for every 100 square feet of gross floor area | |
Bowling alley | 4 spaces for each lane | |
Outdoor commercial recreation | 1 space for every 2,000 square feet of area devoted to such use | |
Indoor recreation | 1 space for every 100 square feet of gross floor area |
C.
Governmental, institutional, and educational uses:
Use | Off-Street Parking Requirements | |
|---|---|---|
Auditorium, church, and other places of public assembly | 1 space for every 5 seats, plus 1 space for every 150 square feet of meeting room area | |
Community center, municipal building, library, or similar use | 1 space for every 300 square feet of gross floor area | |
Child day-care center | 1 space for every 500 square feet of gross floor area, plus 1 space for each adult attendant or teacher. This shall be in addition to the parking requirements of the primary use, such as a school or church, if applicable | |
Nursery, primary, and secondary school | 1 space for each faculty member or other full-time employee, plus 2 spaces for each classroom, and 1 space for every 12 students aged 16 years or older |
D.
Retail, commercial, and other business uses:
Use | Off-Street Parking Requirements | ||
|---|---|---|---|
Retail store or shop | 1 space for every 200 square feet of gross floor area | ||
Furniture or appliance store | 1 space for every 400 square feet of gross floor area | ||
Convenience store | 1 space for every 125 square feet of gross floor area | ||
Supermarket | 1 space for every 125 square feet of gross floor area | ||
Personal service business such as barbershop, tailor, shoe repair, etc. | 1 space for every 150 square feet of gross floor area | ||
Professional and other office use | 1 space for every 300 square feet of gross floor area | ||
Bank, credit union, and savings-and-loan institution | 1 space for every 200 square feet of gross floor area | ||
Medical, dental, or veterinary office or clinic | 1 space for every 100 square feet of waiting room space, plus 1 space for each practitioner | ||
Restaurant | |||
Sit-down | 1 space for every 150 square feet of gross floor area, plus 1 space for every 2 employees on the shift of greatest employment | ||
Restaurant with drive-through | 1 space for every 75 square feet of gross floor area, plus 1 space for every 2 employees on the shift of greatest employment | ||
Bar, tavern | 1 space for every 150 square feet of gross floor area | ||
Movie theater or amusement venue | 1 space for every 3 seats, plus 1 space for every employee on the shift of greatest employment | ||
Funeral home | 1 space for every 75 square feet of floor area in viewing rooms or parlors, plus 1 space for each official funeral car, and 1 space for every 2 employees, exclusive of the resident family members | ||
Hotel, motel, or inn | 1 space for every guest room, plus 1 space for every 2 full-time employees, plus the required parking for accessory uses such as restaurants, bars | ||
Car wash | |||
Standard | 10 spaces per bay for stacking, plus 4 spaces for standing between the exit of the facility and the street, plus 1 space for each employee on the shift of greatest employment | ||
Self-service | 4 spaces per bay for stacking, plus 1 space for standing between the exit of the facility and the street | ||
Laundromat, self-service | 1 space for every 2 washing machines | ||
Automobile service and repair | 2 spaces, either within or outside the structure, for every 200 square feet of floor or ground area devoted to repair or service facilities and, in addition, such space as is necessary for vehicles purchasing gasoline or being stored. In no case shall the spaces for permitted motor vehicle storage in conjunction with a service station be fewer than 5 | ||
Repair or tradesman shop, e.g., carpenter, plumber, etc. | 1 space for every 400 square feet of gross floor area | ||
Temporary use, such as sales of Christmas trees, flowers, produce, and other goods | 1 space for every 200 square feet of sales area | ||
§ 300-66 Design regulations; handicapped parking.
A.
The size of a standard parking space shall be nine feet wide by 18 feet long, an area of 162 square feet.
B.
Parking spaces for the handicapped shall be 12 feet wide by 18 feet long, an area of 216 square feet, or meet the most recently adopted ADA standards. Parking spaces for the handicapped must be located as close as possible to public entrances and ramps to buildings. Each space must be clearly marked with proper signage.
C.
All off-street parking areas shall include paved handicapped-accessible parking spaces.
D.
Handicapped spaces shall be provided in the amounts required below:
Total Parking Spaces | Number of Required Handicapped Spaces | |
|---|---|---|
1 to 25 | 1 | |
26 to 50 | 2 | |
51+ | 3 |
E.
All parking areas for five or more vehicles shall be designed so that vehicles need not back directly onto a public street but can enter and leave the parking area in a forward motion.
F.
All parking shall be accessible to and from a street, driveway, and/or alleyway.
G.
Every parking lot or area with 10 or more off-street spaces shall be separated from the street or highway by a raised curb, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways.
H.
Drive-through establishments, such as fast order and pickup, drive-up bank tellers, and similar uses, shall provide no fewer than five waiting spaces for each drive-through lane. This is in addition to the space for the car being serviced.
§ 300-67 Off-site and shared parking.
A.
Nothing in this article shall be construed to prevent the collective off-site parking facilities for two or more nonresidential buildings or uses. However, the total of such off-site parking spaces shall be not less than the sum of the requirements for the various uses compiled separately and provided that such off-site parking is not farther than 500 feet from the use in question. The parties entering the partnership must enter a formal, written agreement to be approved by the Borough Solicitor.
B.
Two or more nonresidential uses may provide for required parking in a shared parking area, provided that such area is on or adjacent to such uses. The number of spaces required in such a shared parking area may be reduced below the sum of the total requirements if it can be demonstrated to the Code Official that the hours or days of peak parking demand for the uses are so different that a lower overall total of parking spaces will adequately provide for the uses to be served. In such case, sufficient parking shall be provided to meet the minimum needs of the use that requires the greater parking area.
§ 300-68 Off-street loading facilities.
A.
The minimum-size loading space shall be 50 feet long by 12 feet wide, with an overhead clearance of 14 feet, exclusive of drives and maneuvering space, and located entirely on the lot being served. Any overhead canopy should extend a minimum of four feet beyond a loading dock.
C.
Every building or use of land consisting of over 5,000 square feet of gross floor area designed or used for commercial or industrial uses shall be provided with a loading space as follows:
Total Gross Floor Area (square feet) | Number of Loading Spaces Required | |
|---|---|---|
Up to 15,000 | 1 | |
15,000 to 50,000 | 2 | |
50,000 to 100,000 | 3 | |
Each additional 100,000 | 1 additional |
D.
In no case shall public rights-of-way be used for loading or unloading of materials. Furthermore, no loading dock or space shall be located or arranged in such a way that it is necessary to back any vehicle into or off any public right-of-way or require the use of any public right-of-way maneuvering space.
E.
All off-street loading berths shall be provided on either the side or rear of the lot. In no case shall off-street loading berths be provided in the front of the lot.
F.
All off-street loading shall be designed so as to minimize the nuisance, hazard, or impediment to pedestrian travel and traffic flow on public streets.
§ 300-69 Screening and landscaping requirements.
A.
Screening between any parking area and the street line shall be effective at the time of occupancy, subject to the following provisions:
(1)
All off-street parking areas that provide more than five parking spaces shall be screened from any abutting property in a residential or other more restrictive zoning district.
(2)
Screening may be accomplished through the use of the following: plant materials, fencing or walls, and/or mounding through the use of an earthen berm forming a continuous visual buffer.
(3)
Such screens shall not be less than four feet in height.
(4)
The area for planting and fencing, walls, or earthen berms shall not extend beyond the street line.
B.
Landscaping within any parking area which provides 20 or more parking spaces shall be subject to the following provisions:
(1)
Off-street parking areas shall be landscaped to reduce wind and air turbulence, heat, noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to reduce stormwater drainage problems; to replenish the groundwater table; and to provide for a more attractive setting.
(2)
The interior of each parking lot constructed or enlarged after the effective date of this Part 1 shall have at least one three-inch-caliper deciduous shade tree for every 15 parking spaces if there are no existing shade trees to satisfy this requirement. Shrubs and other plant materials are encouraged to be used to complement the trees but shall not be the sole contribution to the landscaping. These trees shall be in addition to those required as an effective screen. Trees selected for landscaping in parking areas shall be of a species proven to be salt and dust resistant.
(3)
Landscaped areas at least five feet wide shall be provided along all street frontages in parking lots with 20 or more parking spaces.
(4)
Planted landscaped islands between every 20 parking spaces or at the end of each parking row, whichever is less, shall be provided and shall be the length and width of the parking spaces.
(5)
Existing plant material and trees with a caliper of six inches or more shall be preserved wherever possible during construction. Such existing plants may be credited toward the amount of required plantings.
§ 300-70 Bicycle parking.
A.
Bicycle parking facilities shall be provided for all multifamily structures and commercial, office, and municipal/civic uses.
B.
The number of bicycle parking spaces required for each use shall be as follows:
Use | Required Spaces | |
|---|---|---|
Multifamily residential | 1 space per 4 dwelling units | |
Commercial | 1 space per 2,000 square feet of gross floor area | |
Office | 1 space per 1,000 square feet of gross floor area | |
Municipal/civic | 1 space per 20 vehicle spaces |
C.
Bicycle parking facilities must be located in a secure, well-lighted area and afford the opportunity for bicyclists to lock their bicycle.
D.
All bicycle racks, lockers, or other facilities shall be securely anchored to the ground or to the structure.
§ 300-71 Purposes.
The purposes of this article are to provide for and to regulate the types, dimensions, and other features of signs in Norwood Borough, to recognize the commercial communication needs of the business community, to protect the public from damage or injury attributable to distractions and obstructions from improperly designed or located signs, to safeguard property values, and to assure that signs are consistent and harmonious in relation to the scale, appearance, and character of buildings and areas where they are located.
§ 300-72 General provisions.
A.
Any sign hereafter erected shall conform to the provisions of this article and any other ordinance or regulations of the Borough relating thereto. Any sign not specifically authorized by the provisions of this article shall not be erected in the Borough.
C.
Application for such permits shall be made in writing to the Borough in accordance with § 300-80.
D.
The Code Official is hereby authorized to revoke any permit issued by the Borough upon failure of the holder thereof to comply with any provision of this article.
§ 300-73 Determination of size and area.
A.
The size of any sign shall be determined in accordance with the provisions of this article and the following:
(1)
When a sign consists of letters, numbers, and/or logos and not a lettered board, and such sign is erected on or attached to a building wall, pole, or other similar surface or support, the size of such sign shall be measured by the geometric shape formed by the extreme outside edge of the largest letters, numbers, or logos contained in the sign.
(2)
When a sign consists of a lettered board and such sign is erected on or attached to a building wall, pole, or other similar surface or support, the size of such sign shall be determined by calculating the area of the lettered board.
B.
Area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces part of the same sign structure are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are not more than 42 inches apart, the sign area shall be computed by the measurement of one of these faces.
§ 300-74 Restrictions and standards.
A.
Prohibited signs. It is unlawful to erect or maintain the following signs:
(1)
Flashing, blinking, spinning, animated, inflatable, aerial, or lighted moving signs, including automatic color-changing and rotating lamps and other moving objects that call attention to the sign. The use of rotating searchlights for advertising is allowed after obtaining a permit from the Borough as per § 300-80.
(2)
Digital, lighted signs such as those utilized for sales and price changes as both stand-alone and those located at the base of a freestanding sign (e.g., Walgreens or CVS).
(3)
Signs that display vulgar, indecent, or obscene advertising matter.
(4)
Advertising cloth or banners or signs of any similar character suspended or hung on any property, excluding civic events.
(5)
Wall bulletins or any other signs painted directly on the facade of a building or other structure.
(6)
Curb or sidewalk signs or signs painted on, attached to, or suspended from any outdoor bench, chair, or similar structure.
(7)
Swinging and hanging signs.
(8)
Signs pasted, tied, pulled, or otherwise attached to a vehicle that refer to a business or activity unrelated to the purpose or activity for which the vehicle is used.
(9)
Signs placed, inscribed, or supported upon the roofline or any structure that extends above the roofline of any building.
(10)
Signs that state or imply that the property on which they are placed is used for purposes or activities not permitted by this Part 1.
(11)
Neon signs, excluding neon window signs.
B.
Projecting signs. New projecting signs shall not be erected after the date of enactment of this Part 1 except along Chester Pike in the HC Highway Commercial and HC-A Highway Commerical-A Districts. In the HC and HC-A Districts, projecting signs shall extend a maximum of five feet from the front building line while still adhering to the general provisions located in Subsection C(1) below. Projecting signs in existence at the enactment of this Part 1 shall be considered nonconforming signs and shall be allowed to continue, subject to § 300-78.
C.
Standards and restrictions. The following standards and restrictions shall apply to all permitted signs:
(1)
General.
(a)
No sign shall be located, arranged, or placed in a position where it will cause danger to traffic or will interfere with traffic through glare; block required sight lines for streets, sidewalks, or driveways; or cause confusion with a traffic control device by reason of color, location, shape, or other characteristics.
(c)
Except for official/traffic, directional, and incidental signs, no sign shall be erected within the right-of-way lines of any public street. In all other zoning districts, any such sign shall not be closer than six feet to the right-of-way line of a public street, unless specifically authorized by other ordinances and regulations of the Borough of Norwood or other governmental bodies or agencies having jurisdiction or regulatory authority in the matter.
(d)
No illuminated sign shall be lighted on days when the business or permitted use is not open for business.
(e)
All signs must be constructed of durable materials and shall be solidly and firmly attached and/or anchored to their supports or framework.
(f)
All permanent signs over four square feet in size shall be constructed by a professional sign company.
(g)
Every sign must be kept in good condition and repair. Any sign that becomes dilapidated or abandoned shall be removed by or at the expense of the landowner or lessee of the property on which it is located.
(h)
Where applicable, the requirements of the Pennsylvania Department of Transportation in relation to signs shall be followed.
(i)
Except for official signs, incidental signs, directional signs, wayfinding signs, or billboards, all permanent signs shall be located on the property to which the text or message applies.
(j)
Freestanding signs, canopy signs, and awning signs shall have a clearance of not less than eight feet between the ground and the bottom of the sign.
(k)
Where a business ceases to operate and vacates the premises, the owner/operator must remove all signs and sign structures within one year after ceasing business operations. However, the sign structure may remain if the owner or occupant can demonstrate that a subsequent owner or occupant will utilize the sign or sign structure.
(2)
Freestanding signs.
(a)
The bottom or lowest edge of any freestanding sign shall be no closer to the ground than eight feet or six feet in residential districts. No more than two feet above the ground level can be devoted to and maintained for plantings. If such plantings are installed, they shall be maintained at the maximum height of two feet and shall be free of weeds, debris, and other undesirable material.
(b)
The maximum height of freestanding signs shall be 30 feet, measured from grade level.
(c)
All single-post freestanding signs shall be made of metal, except for those used in residential districts, which may be made of pressure-treated timbers. All such posts shall be embedded in the ground at least three feet six inches unless otherwise directed by the Code Official.
(d)
Freestanding signs will be permitted in residential areas only when set back a minimum distance of six feet behind the front property line, and no portion of such sign shall be less than six feet behind the front property line.
(e)
Freestanding signs in residential districts shall be illuminated only by concealed or indirect lighting.
(f)
There shall be a distance of not less than 100 feet between freestanding signs along the same road frontage.
(3)
Ground signs.
(a)
The top edge of a ground sign shall be a maximum of six feet above ground level.
(b)
Ground signs shall be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
(c)
The setback shall be as required for freestanding signs in § 300-74C(2)(d) above.
(d)
Illumination shall be by concealed or indirect lighting.
(4)
Window signs. A maximum of 20% of the total window area may be used for permanent signs that are etched, painted, or permanently affixed to the window. Neon signs in a window shall have a maximum of ten-percent coverage or eight square feet, whichever is less.
(5)
Temporary signs.
(b)
Temporary signs shall be placed so as not to obstruct vehicular or pedestrian traffic or create a safety hazard.
(c)
Such signs shall not obstruct access to or from any door, window, fire escape, or ventilating equipment, nor be attached to any standpipe or fire escape.
(d)
Temporary signs shall be removed immediately upon expiration of the permit.
(e)
The size of these signs shall not exceed 1/3 square foot of sign area for each linear foot of building width.
(f)
Temporary commercial advertising signs shall not be attached to fences.
(g)
After expiration of a thirty-day period for the temporary sign permit, the applicant may apply for another such permit. However, not more than four such permits for a temporary sign shall be issued to the same applicant within any twelve-month period.
§ 300-75 Signs not requiring permits.
The following signs are exempt from the need to secure a permit but are subject to all other applicable provisions of this article:
A.
Public notice, warning, or official/traffic sign required by a federal, state, or local law, regulation, or ordinance.
B.
Any sign inside a building not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the property on which such sign is located.
C.
Building markers that only include building name, date of construction, or historical data on an historical site, provided that there is only one per building with a maximum area of six square feet.
D.
Flags of the United States, the Commonwealth of Pennsylvania, foreign nations having diplomatic relations with the United States, or any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flag does not exceed 60 square feet in area and shall be flown from a pole not more than 40 feet in height.
E.
Decorative flags, not exceeding 12 square feet.
F.
Incidental signs containing no commercial message of any kind, provided that such signs do not exceed eight square feet.
G.
Temporary window signs advertising the sale or price change of goods, provided that such signs do not exceed 1/3 of total window coverage and are arranged in such a manner as not to obstruct the view of goods and business activity being conducted inside.
H.
Signs advertising the sale or rental of the premises or lot upon which they are erected, provided that there is not more than one such sign per street frontage. Such sign shall be neither illuminated nor exceed eight square feet in residential districts and 32 square feet in nonresidential districts. All such signs shall be removed on or before the date of settlement.
I.
Signs advertising the development of the premises where they are erected. Such signs shall not exceed 16 square feet in residential districts and 40 square feet in nonresidential districts. All such signs shall be removed on or before the date of settlement.
J.
Nameplate signs on private residences, provided that they do not exceed 144 square inches.
K.
Decorations for a recognized officially designated holiday, provided that they do not create a traffic or fire hazard.
L.
Yard sale or garage sale signs, provided that they do not exceed two square feet and are removed within 24 hours after such sales.
M.
Signs announcing educational, charitable, civic, religious, or similar campaigns or events, provided that such signs are erected for a period not to exceed 30 days nor more than four times in any calendar year, for a maximum annual total of 120 days. Such signs shall not exceed eight square feet.
N.
Changeable copy signs for churches, schools, and other uses which, by their nature require changeable copy signs, provided that only one such sign shall be permitted. However, in the case of a corner property, one additional sign is permitted on the side of the property. The size of such signs shall not exceed 16 square feet.
O.
Directional signs.
P.
Freestanding signs of an official nature identifying a civic event.
Q.
Signs, letters, posters, and advertisements which are tacked, pasted, tied, or otherwise affixed to poles, posts, buildings, fences, bus shelters, or other structures located on public property or within public street lines. These signs shall be removed within seven days of the event's end.
R.
A-frame, sandwich board, or similar temporary signs, provided that the sign size is no larger than eight square feet.
S.
"Grand opening" signs shall be removed from the premises within 30 days of the date of opening.
§ 300-76 Signs requiring permits.
The following signs, as described under each zoning district or group of districts, are permitted, provided that they meet the conditions in § 300-74 and a sign permit has been obtained in accordance with § 300-80:
A.
Signs in residential districts. The following types of signs and no others shall be permitted in the R-1, R-2, and R-3 Residential Districts:
(1)
Identification signs for apartment buildings or complexes, residential developments, churches/religious uses, and similar permitted uses other than individual dwellings, provided that:
(2)
Signs identifying nonresidential uses permitted as valid nonconforming uses, provided that they meet the same requirements as Subsection A(1) above.
(4)
Signs in residential districts shall be harmonious with other signage, as well as consistent with the appearance of housing types and permitted uses in each respective district.
B.
Signs in the TC Town Center District. The following types of signs that require a permit and no others shall be permitted in the TC District, subject to the following regulations:
(1)
Wall signs, awning signs, window signs, and ground signs.
(2)
Wall signs that identify the primary use of a principal building shall not exceed one square foot for each foot of building width.
(3)
There shall not be more than one wall sign for each street frontage. However, should the frontage be greater than 100 feet, two signs may be permitted. In this case, a special exception shall be required.
(4)
In cases where multiple tenants or uses are in one building, a wall sign shall be permitted for each use, provided that the sign area does not exceed 10 square feet.
(6)
Ground signs shall not exceed 16 square feet.
(7)
Any illuminated sign shall be lit using internal or external white light only.
(8)
Signs in the TC District shall reflect and be consistent with the character and appearance of buildings and consistent with district purposes of the TC District.
C.
Signs in the HC Highway Commercial and HC-A Highway Commerical-A Districts. The following signs that require a permit and no others shall be permitted in the HC and HC-A Districts, subject to the following requirements:
(1)
Any sign permitted in a residential district with the requirements in that district, as noted in § 300-76A.
(2)
Wall signs, awning signs, window signs, freestanding signs, and ground signs.
(3)
There shall not be more than one wall sign for each frontage. However, for buildings that have a front width of 100 feet or more, two wall signs shall be permitted at that frontage. In this case, a special exception shall be required.
(4)
The size of wall signs shall not exceed one square foot of sign area for each linear foot of building width.
(5)
On corner lots, signs fronting on side streets along the long side of a building shall not exceed 1/2 square foot of sign area for each linear foot of building width. However, where the side street is an arterial street, the size of the wall sign shall be the same as on the front street.
(7)
The awning or canopy on which a canopy or awning sign is depicted or placed shall not extend more than seven feet from the front wall of the building.
(8)
Where there is a business or professional office on the second floor, one additional wall sign, not greater than eight square feet, shall be permitted. Such signs shall be located on the second story.
(9)
Wall or window signs identifying apartment space above the first floor shall be permitted in addition to the principal wall sign permitted. Such additional wall or window signs shall not exceed six square feet.
(10)
Freestanding or ground signs that advertise a business shall not exceed 20 square feet.
(11)
Any illuminated sign lit by any means other than neon, excluding neon window signs.
D.
Signs in the OS Open Space District. The following signs that require a permit and no others shall be permitted in the OS District, subject to the following requirements:
(2)
Wall, freestanding, and ground signs.
(3)
Not more than one wall sign shall be permitted for each building frontage.
(4)
Such wall signs shall not exceed 1/2 square foot of sign area for each linear foot of building frontage.
(5)
Freestanding or ground signs shall not exceed 12 square feet.
(6)
All signs in the OS District shall be harmonious and consistent with the natural features of the area and any new buildings that may be erected.
§ 300-77 Billboards.
A.
Billboards shall be permitted along Chester Pike in the HC Highway Commercial and HC-A Highway Commerical-A Districts only.
B.
No billboard shall be erected within 1,000 feet of another billboard or within 500 feet of the TC Town Center District.
C.
The maximum size of billboards shall be 150 square feet.
D.
The minimum distance from a street right-of-way shall be 30 feet.
E.
No billboard shall be placed in a location where it will obscure the vision of motorists and thereby create a safety hazard.
F.
The height of any billboard shall not exceed 50 feet, measured from street level.
G.
Billboards shall be illuminated with external base lighting only.
H.
Digital, moving billboards that display more than one advertisement shall be prohibited.
J.
Where a billboard contains no message for a period of 60 consecutive days, the Code Official shall forward a notice to the owner of the sign advising the owner of the unused status of the structure. The owner shall be required to remove the sign and sign structure, provided that no advertising or message is placed thereon within 180 days from the original notice.
§ 300-78 Nonconforming signs.
Signs that are nonconforming or identify nonconforming uses shall be governed by the following requirements:
B.
A nonconforming sign may be changed to or replaced by another nonconforming sign, provided that the degree of nonconformity is not greater than that of the original sign. Whenever a nonconforming sign has been changed to a more restricted nonconforming sign, such sign shall not thereafter be changed to a less restricted nonconforming sign.
C.
When the name of an establishment is changed, any nonconforming sign at such establishment must be removed, and any new sign must conform to the provisions of this Part 1.
D.
A nonconforming sign which has been damaged to more than 75% of its value or has been removed or discontinued for 90 days shall not be repaired, rebuilt, or replaced except as a conforming sign.
E.
If a nonconforming use of a building ceases or is discontinued for a continuous period of one year or more and such nonconforming use is deemed to be abandoned as per § 300-143 of this Part 1, any nonconforming sign on the premises shall also be considered abandoned, and any subsequent signs erected or maintained on the premises shall be in conformity with the provisions of this Part 1.
§ 300-79 Amortization of nonconforming signs.
A.
Temporary, movable freestanding signs, banners, pennants, and similar types of signs shall be abated, removed, or brought into compliance within 90 days after enactment of this Part 1.
B.
Signs painted on walks, fences, or benches shall be removed, abated, or brought into compliance within one year after enactment of this Part 1.
C.
Wall signs and projecting signs shall be removed, abated, or brought into compliance within five years after the enactment of this Part 1.
§ 300-80 Permit requirements; unsafe and unlawful signs; inspections.
A.
Except as otherwise provided in § 300-75 relating to exempt signs, no sign shall be erected in the Borough until a permit therefor has been obtained in the following manner:
(1)
Applications in writing for proposed signs shall be submitted to the Code Official (CO) by the person/entity desiring the permit. The CO shall then have the option of referring the permit request to the Planning Commission for its evaluation as to whether the proposed sign complies with the purposes of the district where the sign is located and the Norwood Borough Comprehensive Plan of 2004. The CO or Planning Commission may offer suggestions to modify the proposed sign so that it is in accordance with the goals for the district in question, as well as those as noted in the Comprehensive Plan. Permits for a temporary sign shall be effective for not longer than 30 days.
(2)
The application submitted to the CO shall give full particulars regarding the size, shape, material, and supports of the sign, as well as a sketch or sketches showing the location of the sign on the building or lot, the distance from the curbline, and the height of the sign. The application shall be sufficiently specific to enable the CO to determine if the sign complies with this Part 1, as well as any other ordinance or regulation of the Borough relating thereto. A fee shall accompany such application as the Borough Council may establish from time to time by resolution.
B.
Whenever any sign or sign face is replaced by another sign, enlarged in any manner, or altered, dismantled, damaged, or otherwise destroyed, a permit shall be required as provided in § 300-80A above before the sign is replaced, enlarged, altered, or repaired.
C.
Unsafe and unlawful signs. If the CO finds that any sign or other advertising structure regulated herein is unsafe or insecure or is a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this Part 1, he shall give written notice thereof to the permittee. If the permittee fails to remove or alter the structure so as to comply with the standards set forth herein within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the CO at the expense of the permittee or owner of the property upon which it is located. The CO shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The CO may cause any sign or other advertising structure that causes immediate peril to persons or property to be removed summarily and without notice.
D.
Inspections and fees. The CO may cause a routine inspection of all signs in the Borough to be made at least once every three years and at any other times when he deems such inspection necessary. At intervals determined by Council, the CO shall conduct a thorough inspection of signs to determine the signs' conformity with the provisions within this article. All fees for sign permits shall be paid by the individual requesting the permit and shall be determined by Borough Council.
§ 300-81 Purpose.
The purpose of this article is to identify regulations and standards for certain uses that are either common to all zoning districts or applicable to more than one district.
§ 300-82 General 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 Part 1.
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 Part 1.
§ 300-83 Projections into required yards.
A.
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. None of these, except unenclosed decks or similar projects, shall encroach more than three feet into any required yard.
B.
In residential districts, unenclosed decks and similar projects shall not extend more than seven feet into required rear yards.
§ 300-84 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 or more streets, no obstruction of any kind with a height greater than 24 inches from the grade level of the adjacent street shall be maintained or permitted within a sight triangle, the legs of which shall be 20 feet measured from the intersection of the street lines. See Appendix E, Figure 3, for an illustration of the aforementioned sight triangle.[1] Where an alley intersects a street, the legs of such sight triangle shall be 10 feet.
[1]
Editor's Note: Appendix E is included at the end of this chapter.
C.
The Borough shall have the right to declare any obstruction to vision within the lines 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.
§ 300-85 Accessory uses and structures.
A.
No accessory structures shall 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 fences, there shall be a distance of not less than three feet between an accessory structure and a side or rear lot line.
D.
Accessory structures shall not exceed 15 feet in height.
E.
In residential districts, not more than one storage shed, as defined in Article II, shall be placed on a lot.
F.
No storage shed shall exceed 100 square feet with a maximum height of 10 feet.
G.
In nonresidential districts, not more than one storage building, as defined in Article II, shall be placed on a lot.
H.
No storage building shall exceed 200 square feet with a maximum height of 15 feet.
J.
Before the construction or placement of any shed on a lot, the applicant shall obtain a permit from the Code Official.
K.
Accessory structures shall not be used for permanent or temporary human habitation.
M.
Garages in residential districts may be attached to or detached from a dwelling unit, but all garages must be behind the front building line. If a garage is detached, there shall be no less than 10 feet separating it from the principal building.
§ 300-86 No-impact home-based businesses.
A.
A no-impact home-based business 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 have 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 may not use any process or equipment that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference with radio or television reception.
F.
The business may not discharge any solid waste or sewage discharge that is not normally associated with residential use.
G.
The business may not occupy more than 25% of the gross floor area of the dwelling.
H.
There shall be no outside appearance of the business.
§ 300-87 Family based community residence facilities.
A family based community residence facility shall be permitted by right in the R-1 and R-2 Residential Districts, subject to the following regulations:
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 four residents per facility, excluding staff.
C.
There must be a twenty-four-hour-a-day on-duty supervisor who possesses proper qualifications 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.
All other applicable requirements of this Part 1, the Building Code, the Fire Code, and all other applicable Borough codes and ordinances and state regulations must be met.
G.
All community residence facilities will be available for reasonable periodic inspections by the Code Official and other parties holding jurisdiction.
H.
Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies.
I.
The operator of the facility must register the facility annually with the Code Official and provide the following information:
§ 300-88 Family day-care homes.
A family day-care home, as defined in Article II, shall be permitted as an accessory use in the R-1 and R-2 Residential Districts and as an accessory use by special exception in the R-3 Residential District, but not in apartments, subject to the following regulations:
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.
B.
Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.
C.
Outdoor play shall not be permitted in the front yard or adjacent to an arterial road.
D.
The area for dropoff and pickup of children must be free from traffic hazards.
E.
The appearance and exterior design of the facility shall be compatible with the surrounding dwellings.
F.
The facility shall display no sign that is inconsistent with the residential character of the neighborhood and shall be subject to § 300-76A.
G.
No portion of the facility shall be within 200 feet of a gasoline service station, underground gasoline storage tanks, truck loading areas, or other hazardous uses or activities.
H.
Each facility must have the appropriate certificates, as required by the Pennsylvania Department of Public Welfare (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 firesafety codes.
§ 300-89 Fences and walls.
A.
Except as specifically noted otherwise, no wall, fence, hedge, or similar growth in a residential district shall exceed 42 inches in height in front of the rear building line and six feet in height behind the rear building line.
B.
In nonresidential zoning districts, no wall, fence, hedge, or similar growth may exceed six feet in height and shall be located in the rear yard only.
C.
Fences between properties shall be erected or placed at least six inches inside the property line of the person erecting the fence and one foot from the sidewalk if in the front yard.
D.
No barbed wire, razor 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.
G.
Before erecting a fence, a sketch plan shall be provided and a permit must be obtained from the Code Official as required in Article XVII, Administration and Enforcement; Amendments.
H.
All fences shall also be in accordance with provisions contained within Chapter 154, Fences, of the Norwood Borough Code.
I.
Owners of structures with barbed wire and similar fencing must remove said fencing within one year of the effective date of this Part 1, unless the owner can demonstrate a clear and compelling security need to Borough Council for erecting and maintaining such fencing.
§ 300-90 Private swimming pools.
A.
A private swimming pool shall not be permitted in the front yard, and no pool on a corner lot 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 of not less than six feet in height must surround all swimming pools.
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.
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.
The applicant for a pool shall first submit a sketch plan of such pool to the Borough.
I.
A permit must be obtained from the Code Official prior to construction or placement of a swimming pool.
§ 300-91 Satellite antennas.
A.
A satellite antenna shall be permitted in all zoning districts.
B.
All wiring for ground-based antennas shall be underground.
C.
All satellite antennas shall be adequately grounded for protection against a direct strike of lightning.
D.
The installation of satellite antennas shall meet all other local, state, or federal codes where possible.
E.
Satellite antennas in the TC Town Center District shall not be located on the front wall of any structure but preferably on the roof.
§ 300-92 Decks.
A.
A deck shall be permitted in all zoning districts, provided that the Code Official issues a permit prior to construction.
B.
The deck shall be placed not less than one foot from the party wall of a twin or row dwelling or building for access and maintenance purposes.
C.
Prior to constructing a deck or porch, a sketch shall be provided, and a permit must be obtained from the Code Official.
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 be 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 Code Official.
§ 300-93 Refuse.
A.
All refuse shall be placed in closed, verminproof containers.
B.
In the case of multifamily buildings, nonresidential buildings, and townhouses in the R-2 Residential District, all refuse containers, as defined in Article II, shall be effectively screened from the view of residents, public streets, and sidewalks by means of a fence, wall, or plantings. All such refuse containers shall be placed on the property responsible for the refuse.
C.
In all districts, dumpsters, as defined in Article II, must have a fence or planted visual screen that shall be at least the height of the receptacle. The screening mechanism employed must provide adequate access for refuse removal.
D.
Temporary dumpsters shall be permitted in all districts for a period not to exceed 90 days, provided that a permit is obtained from the Borough as per § 300-161 prior to its placement on a lot where it remains for over 30 days. A maximum of two temporary permits may be obtained per calendar year.
§ 300-94 Lighting.
A.
Multifamily dwellings and nonresidential buildings shall be properly lit to assure safe driving conditions at night as well as the security and safety of residents and patrons. All lighting shall be designed to protect neighboring properties from glare.
B.
All driveways and parking areas must be adequately lit to assure safe driving and maneuvering conditions at night as well as safety and security for residents and patrons.
C.
The maximum height of light poles shall be 25 feet in the HC Highway Commercial and HC-A Highway Commerical-A Districts and 20 feet in all other districts.
§ 300-95 Planted visual screens.
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 institutional structure is constructed or extended adjacent to an existing residential use or district.
(2)
When a multifamily or townhouse building or addition thereto is proposed to abut an existing single-family detached dwelling.
(3)
Where any proposed or expansion of an institutional use abuts an existing residential use or residential district.
(4)
Any other instance where screening is required by this Part 1, the Borough, or the Zoning Hearing Board.
B.
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.
C.
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 barrier.
§ 300-96 Landscaping.
A.
General regulations.
(1)
Any part or portion of a site that is not used for buildings, other structures, loading, parking spaces and 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 landscaping plan approved by Borough Council. The landscaping 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)
In addition to complying with § 300-96A(1) above, every new building or alteration or expansion erected after the effective date of this Part 1 shall provide specific landscaping components as noted below. Unless specifically stated otherwise in the specific zoning district, landscaping shall be provided as required below:
Zoning District or Use | Minimum Landscaping Components | |
|---|---|---|
HC Highway Commercial and HC-A Highway Commercial-A | 1 tree or 2 shrubs shall be placed in the ground or in planters for every 20 feet of building width in front of the principal building Landscaped strip not less than 6 feet wide at front and at 1 side of the principal building, where feasible | |
TC Town Center | 1 tree or 2 shrubs placed in the ground or in planters every 15 feet at the front and at one side of the principal building Landscaped strip with grass or other ground cover not less than 4 feet wide at the front and at one side of the building | |
Apartment buildings and nonresidential buildings in residential districts | Same as Town Center |
§ 300-97 Drive-through establishments.
A drive-through establishment, as defined in Article II, shall be permitted by right in the HC Highway Commercial and HC-A Highway Commerical-A Districts, subject to the following regulations:
A.
No drive-through establishment shall be located within 30 feet of an abutting residential district, a school, a place of worship, or another drive-through establishment.
B.
Points of vehicular ingress and egress shall be limited to streets having business-zoned frontage at the drive-through establishment.
C.
Driveways at the property line shall be not less than 24 feet nor more than 30 feet in width.
D.
No driveway shall be less than 10 feet from a property line, 30 feet from a right-of-way of an intersecting street, or within 50 feet of another driveway serving the same parcel.
E.
Outdoor refuse containers shall be accessible to customers and shall be emptied whenever filled, but in no case less than once each day that the establishment is open for business.
F.
A planted visual screen in accordance with § 300-95 shall be employed where a drive-through establishment abuts any residential district.
G.
Any drive-through establishment shall incorporate an escape lane to allow vehicles to exit in the event of an emergency.
§ 300-98 Condominiums.
§ 300-99 Compatibility standards for uses of 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 the inventory on the premises.
B.
Extent of processing, assembly, warehousing, shipping, and distribution done on the premises of any dangerous, hazardous, toxic, or explosive materials.
C.
The nature and location of storage and outdoor display of merchandise and the types of 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.
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 communications towers or facilities.
§ 300-100 Airport zoning.
No structure shall exceed the maximum height as calculated by reference to the Height Limitation and Zoning District Map for Norwood 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] Norwood Borough falls within the airport hazard area affected by Philadelphia International Airport.
[1]
Editor's Note: See the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq.
§ 300-101 Design standards.
This section shall apply to structures constructed after this Part 1 is adopted and to new additions of 400 square feet or more.
A.
Unless stated otherwise, the following provisions apply to design considerations in the HC Highway Commercial and HC-A Highway Commerical-A Districts:
(1)
Buildings shall contain materials, windows, doors, and architectural details that are generally compatible with those features in nearby and adjoining buildings.
(2)
Unscreened, flat, blank walls shall be avoided in order to provide a pleasant pedestrian experience by connecting activities within a structure to the adjacent sidewalk and/or transit stop.
(3)
At the street level of commercial, institutional, and mixed-use buildings, not less than 50% of the length and 25% of the wall surface must be in public entranceways, windows, or retail/service display windows.
(4)
Buildings must have at least a five-foot offset in all facades for every 50 feet of continuous facade. Such offsets may be met through the use of bay windows, porches, porticos, building extensions, towers, and other architectural treatments.
(5)
The street facade of principal structures shall have at least one street-oriented entrance and contain the principal windows of the structure.
(6)
Where practicable, utilities shall be placed underground in new developments.
(7)
Automobile entrances to the site shall be placed in such a way as to maximize safety and efficient traffic circulation and minimize impact on the surrounding area.
(8)
Along new public streets, developments, and redevelopment, including commercial, institutional, and mixed-use buildings, sidewalks or walkways not less than five feet wide shall be required in front of and/or adjacent to said street, development, or principal building.
(9)
Walkways that cross parking, loading, or driveway areas must be clearly identifiable through the use of elevation changes, different paving materials, or other similar methods.
(10)
Pedestrian amenities such as benches, public art, picnic areas, seating areas, fountains, planters, etc., shall be located in landscaped areas, open spaces, or plazas or along public streets.
(11)
Lighting shall be provided for parking areas and pedestrian paths to ensure safety and convenience.
(12)
Where feasible, plazas shall be provided in developments greater than two acres in area. Not less than one seating space for each 250 square feet of plaza area shall be provided.
(13)
Parking garages shall be served by pedestrian walkways and connected to the sidewalk/pedestrian system. These walkways shall be clearly marked and continuous in design.
B.
Unless stated otherwise, the following provisions apply to design considerations in the R-1, R-2, and R-3 Residential Districts:
(1)
New residential dwellings shall be generally consistent with the design of existing neighboring dwellings.
(2)
Sidewalks shall be constructed along the frontage of all new residential buildings and new additions of 400 square feet or more.
(3)
Where practicable, utilities shall be placed underground in new developments.
(4)
Stairs and ramps consistent with ADA standards shall be provided where necessary to provide a safe route between the dwelling and the street and sidewalk.
(5)
The street facade of principal structures should have at least one street-oriented entrance and contain the principal windows of the structure.
§ 300-102 Purpose.
The purpose of this article is to provide conditions and standards for uses permitted by special exception. In these cases, the Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those expressed in this article, in order to implement the provisions of this Part 1 and those of the MPC,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 300-103 General requirements.
In any instance where the Zoning Hearing Board is required to consider a request for a special exception, the Zoning Hearing Board shall consider the provisions of this article.
§ 300-105 Requirements for review where dimensional standards not provided.
In cases where this Part 1 does not provide specific dimensional standards for uses permitted by special exception, the Zoning Hearing Board shall apply the following general dimensional standards:
A.
In residential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for single-family dwellings in the district where the use is proposed.
B.
In nonresidential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for the use that requires the greatest dimensions in the applicable nonresidential district.
C.
The Zoning Hearing Board may require additional, reasonable but more stringent standards than those required in Subsections A and B above, provided that the Board makes one or more of the following determinations:
(3)
That the requirements of Subsections A and B above are clearly insufficient to provide for lot areas and dimensions necessary to protect the adjacent area from the potential adverse impacts of the proposed use, such as noise, vibration, air pollution, and similar impacts, and that greater dimensional requirements would substantially alleviate that condition.
§ 300-106 Light-impact municipal uses.
A municipal use limited to one with a light impact, as defined in Article II (such as administrative office, community center, etc.), shall be permitted as a special exception in the R-1 Residential District only, subject to the following regulations (Unless stated otherwise, all requirements are minimums.):
§ 300-107 Residential conversions.
A conversion of a single-family detached dwelling to a two-unit dwelling shall be permitted as a special exception in the R-1 Residential District only, subject to the following regulations:
A.
In order to be eligible for conversion of a dwelling from one unit to two units, a lot shall have an area of not less than 12,000 square feet.
B.
Two off-street parking spaces shall be required for each unit created by the conversion. Such parking spaces shall be paved and have direct access to a street or an alley.
C.
No external alterations inconsistent with the residential use and architectural character of the neighborhood shall be permitted.
D.
Each unit shall be a complete, separate housekeeping unit that is independent of any other unit.
E.
The maximum number of units to be created shall be two.
F.
Conversions on lots where there is currently no existing sidewalk shall install a sidewalk along the frontage of the property.
G.
All utility connections shall meet utility standards.
H.
Prior to conversion, the applicant shall obtain a permit from the Code Official.
I.
Applications for conversions shall contain the following items:
(1)
A floor plan showing the layout, including all dimensions of each unit.
(2)
A site development plan showing and locating the dwelling and other existing buildings; all property lines; any proposed additions; building setback lines; location, size, and extent of all underground utilities; length, width, and function of all rights-of-way and easements; required parking spaces; and the one-hundred-year floodplain.
(3)
All plans shall be drawn to a scale of not less than one inch equals four feet for the floor plans and one inch equals 20 feet for the site development plans.
J.
The Code Official may inspect any conversion for compliance with the building, maintenance, zoning, and any other applicable Borough codes, provided that twenty-four-hour notice is given.
§ 300-108 Townhouse developments.
A townhouse development shall be permitted as a special exception in the R-2 and R-3 Residential Districts only, subject to the following regulations:
A.
Unless otherwise stated, the following shall be minimum requirements for townhouses:
(1)
Lot area: 2,000 square feet.
(2)
Lot width: 20 feet.
(3)
Front yard: 20 feet.
(4)
Side yard: 25 feet at the end of a row where traversed by an access driveway.
(5)
Rear yard: 25 feet.
(6)
Distance between buildings: 30 feet.
(7)
Building coverage: 50%, maximum.
(8)
Impervious surface: 70%, maximum.
(9)
Units in row: 6%, maximum.
(10)
Height: 35 feet or three stories, or consistent with the prevailing height.
D.
Variations in setback and design.
(1)
In each townhouse development, not more than two consecutive units shall have the same roofline or front setback line.
(2)
Variations in setback shall not be less than four feet.
(3)
Dwelling units shall be distinguished from adjacent units in some appropriate manner, such as varying unit width, using different exterior materials, or providing a different arrangement of entrances or windows.
(4)
In order to avoid a monotonous linear arrangement and to facilitate privacy, townhouse buildings shall not be placed parallel to one another or in a straight linear fashion.
E.
Architectural plans.
(1)
The developer or applicant shall submit an architectural plan as part of the final development plan submittal for the townhouse development in accordance with the County Land Development and Subdivision Ordinance as now exists or may be adopted.
(2)
The architectural plan shall include applicable design elements of the townhouse development, including, but not limited to, roof design, exterior appearance, overhangs, front setback lines, and other architectural design elements unique to the proposed development.
F.
Landscaping.
(1)
Any part of the site not covered by buildings, parking, or other impervious surfaces shall be landscaped by trees, shrubs, or ground cover in accordance with a landscaping plan that shall be reviewed by the Planning Commission against the requirements of § 300-96 and the County Land Development and Subdivision Ordinance.
G.
Lighting.
H.
Internal roads and parking.
(1)
Internal roads, driveways, and parking areas shall be located not less than 20 feet from any principal townhouse building.
K.
Maintenance of public areas and open spaces. All public areas and open spaces that are part of the townhouse development shall be attractively maintained, and such maintenance shall be performed as follows:
(1)
Where the ownership of the development remains in one person or entity for the purpose of leasing individual dwelling units, that person or entity shall have the sole responsibility for properly maintaining all common areas (open space, parking areas, etc.) in the development.
(2)
Where all individual dwelling units of the development are conveyed in fee, responsibility for maintenance of the common areas shall be upon an entity such as a homeowners' association, trust, or other organization deemed capable of carrying out its responsibilities by the Borough Solicitor.
(3)
Where all common areas are dedicated to and accepted by the Borough, the Borough shall maintain such areas.
§ 300-109 Municipal uses.
A municipal use, including a firehouse, library, administrative building, community center, maintenance department, and similar municipal use, shall be permitted only as a special exception in the OS Open Space District, subject to the following regulations:
A.
Dimensional regulations. Unless otherwise specified, the following shall be minimum requirements:
B.
Development regulations.
(1)
Development may be on individual lots or by addition of new buildings on a lot or parcel with one or more existing buildings or uses.
(2)
More than one building is permitted on a single lot, provided that the setback and spacing requirements of § 300-109A are met.
(3)
The lot area and lot width requirements shall not apply where a new principal building or buildings are added to an existing building(s) on a lot, provided that the setback, distance between buildings, and height requirements in § 300-109A are met.
(6)
Where practicable, utilities shall be placed underground in new developments.
(7)
Sidewalks or walkways not less than five feet wide shall be required in front of and/or adjacent to municipal buildings.
(8)
Pedestrian paths and walkways shall be provided between buildings in a development.
(9)
Lighting shall be provided for parking areas and pedestrian paths to ensure safety and convenience.
(10)
Surface parking shall preferably be located at the rear of the building or, if not feasible, at the side.
§ 300-110 Family day-care homes.
In the R-3 Residential District, a family day-care home, which is by definition an accessory use, requires a special exception because of the more dense residential dwelling types permitted. The requirements are listed in § 300-88.
§ 300-111 Purpose.
The purpose of this article is to provide conditions and standards for conditional uses as identified within this Part 1. In reviewing conditional uses, Borough Council may attach reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this Part 1 and those of the MPC, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 300-112 General requirements.
In any instance where Borough Council is required to consider a request for a conditional use permit, Council shall consider the provisions of this article.
§ 300-113 Procedures and standards for review of conditional uses.
A.
Application and fees. Application for a conditional use shall be made to the Borough Council and shall be accompanied by a plan of the property showing the details of the use proposed, along with such other written and graphic material as required by the applicable provisions of the most recently adopted Delaware County Land Development and Subdivision Ordinance and the applicable provisions of this Part 1 to adequately determine the appropriateness of the use at the location proposed. The application shall be accompanied by such fees as shall be established by Council in an amount to cover all costs incurred by the Borough.
B.
Borough Council hearing.
(1)
Within 60 days after the applicant files an application for a conditional use, Borough Council shall hold a hearing pursuant to public notice. The cost of such hearing(s) shall be borne by the applicant. Notice of the hearing shall be given to those persons and agencies who would be entitled to notice if the same premises were subject to an application to the Zoning Hearing Board of Norwood Borough as a special exception and to all others who have registered their names with the Norwood Borough Zoning Officer for that purpose.
(2)
After a full review of the application, Council shall render a written decision or, when no decision is called for, make written findings on the application. When the application is contested or denied, the decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Such decision or written finding shall be made by Council no later than 45 days after the last hearing.
(3)
Council shall approve or disapprove the application by resolution and shall send a written notification to the applicant within 10 days of a decision.
C.
Method of determination.
(2)
Failure to act within the said period shall be deemed to be a grant of approval of the application.
(3)
If the application involves a land development, a detailed plan review shall be required by the Borough after Council has acted upon the application for the conditional use. This review shall be in accordance with the procedures outlined in the County Land Development and Subdivision Ordinance. If the applicant wishes to provide the necessary documentation, Council may consider the concurrent review of the conditional use requested and the detailed plans for the development. Time limits for review of the detailed plans, if necessary, will be governed by the County Land Development and Subdivision Ordinance as now exists or may be adopted.
D.
In any instance where Council is required to consider a request for a conditional use, Council shall consider the following factors where appropriate:
(1)
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility, and availability of public services and that adequate provisions be made to protect sensitive environmental features such as streams, wetlands, slopes, and mature trees.
(2)
That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties, and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
(3)
That the proposed conditional use will serve the best interest of the Borough, convenience of the community, and the public health, safety, and welfare.
(4)
That the proposed use is consistent with the Norwood Borough Comprehensive Plan of 2004.
(5)
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(6)
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation, and that access, on-site circulation, and parking are adequate in view of anticipated traffic.
E.
In cases where conditional uses are not accompanied by specific standards or where area, bulk, dimensional, or development regulations are not listed below in this article, the regulations in § 300-114 below shall apply.
F.
Financial hardship shall not be construed as a basis for granting conditional uses.
G.
In granting any request for a conditional use, Council may attach reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of the MPC and this Part 1, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics, and the minimization of noxious, offensive, or hazardous elements. Such conditional use shall be clearly authorized by a provision in this Part 1 and shall, where applicable, comply with the more specific standards relating to such use contained in appropriate sections of this article.
§ 300-114 Requirements for review where dimensional standards not provided.
In cases where this article does not provide specific standards for conditional uses, the following dimensional requirements will be applied by Borough Council:
A.
In residential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for single-family dwellings in the district where the use is proposed.
B.
In nonresidential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for the use that requires the greatest dimensions in the applicable nonresidential district.
§ 300-115 Standards of proof.
An applicant for a conditional use permit shall have the burden of establishing both:
§ 300-116 Impact on public interest.
In determining whether the allowance of a conditional use permit is contrary to the public interest, Council shall consider whether the application, if granted, will:
A.
Adversely affect the public health, safety, and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features, and neighborhood aesthetic characteristics.
B.
Be in accordance with the Norwood Borough Comprehensive Plan of 2004.
D.
Adversely affect the logical, efficient, and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police, fire protection, and public schools.
E.
Otherwise adversely affect the public health, safety, or welfare.
§ 300-117 Expiration of conditional use permits.
Unless otherwise specified by Council, a conditional use permit shall expire if the applicant fails to obtain a building permit within six months from the date of authorization thereof, unless the applicant can show that there were permitting delays beyond his control.
§ 300-118 Churches or other religious uses.
Churches and other religious uses, including rectories, classrooms for religious instruction, or similar customary religious activities, shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commerical-A Districts only, subject to the following regulations (Unless stated otherwise, all requirements are minimums.):
§ 300-119 Educational institutions.
An educational institution, such as a primary school and its related administrative offices, but not including trade and business schools, shall be permitted as a conditional use in the R-1 Residential District only, subject to the following regulations (Unless stated otherwise, all requirements are minimums.):
§ 300-120 Public parking garages.
A public parking garage as an independent use shall be permitted as a conditional use in the TC Town Center District only, subject to the following regulations:
A.
A public parking garage may be the principal use on the lot.
B.
Lot size shall be between 8,000 square feet and 15,000 square feet.
C.
The height of the parking garage shall not exceed 35 feet or three stories.
D.
Parking garage structures shall have awnings, landscaping elements, street furniture, and other design treatments to create the appearance of an occupied building.
E.
Vehicles shall be visually screened from adjacent buildings and the street, and such screening shall be in keeping with the remainder of the building's architectural style and materials.
§ 300-121 Business and professional office buildings.
A business and professional office building shall be permitted only as a conditional use in the TC Town Center District, subject to the following regulations:
§ 300-122 Theater and live entertainment.
§ 300-123 Automobile and truck sale, lease, repair and painting facilities.
The sale, lease, repair, and painting of trucks shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commercial-A Districts only, subject to the following regulations:
§ 300-124 Gasoline service stations.
A gasoline service station shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commerical-A Districts only, subject to the following regulations:
A.
All pumps and principal buildings shall be located not less than 30 feet from all property lines.
B.
All pumps shall be located outside of buildings.
C.
All fuel containers in excess of 100 gallons shall be located underground.
D.
No service station shall be located within 100 feet of a school, church, day-care center, or place of public assembly having a capacity of more than 50 persons. The required 100 feet shall be measured in the shortest distance between the service station property and any of the above-noted uses.
E.
Hydraulic hoists, pits, and all lubrication, greasing, washing, and repair equipment shall be entirely enclosed within a building.
F.
Exterior lighting shall be shielded so that it is deflected from adjacent or nearby properties and from motorists on public streets.
G.
Gasoline service stations shall also comply with all applicable regulations of the Fire Marshal Division of the Pennsylvania State Police and with those of any other applicable state or federal agency.
§ 300-125 Car wash establishments.
A car wash establishment shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commerical-A Districts only, subject to the following regulations:
A.
Exterior lighting shall be shielded or deflected from adjacent or nearby properties and public sidewalks and streets.
B.
The facility shall be designed to accommodate not less than eight waiting vehicles on the property.
D.
Where applicable, the facility shall be designed and/or screened so that the headlights of automobiles approaching, waiting, or exiting the facility do not shine directly on adjacent properties.
§ 300-126 Funeral homes or mortuaries.
A funeral home or mortuary shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commerical-A Districts only, subject to the following regulations:
A.
The site shall be located so as to have one property line abutting a major or secondary thoroughfare.
B.
Adequate points of access shall be provided to and from any major or secondary thoroughfare.
C.
No building shall be located within 30 feet of a residential district.
§ 300-127 Supermarkets.
A supermarket shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commerical-A Districts only, subject to the following regulations:
A.
There shall be a floor area not less than 20,000 square feet, as noted in Article II, Terminology.
D.
Access shall be from an arterial street that shall abut at least one side of the supermarket property.
§ 300-128 Child day-care centers.
A child day-care center shall be permitted as a conditional use in the HC Highway Commercial District only, subject to the following regulations:
A.
Child day-care centers shall be permitted as a part of a church, school, or other similar institution or as an independent use.
B.
A fence not less than four feet high shall be placed around all outdoor play areas. The bottom end of such fence must reach the ground to prevent children from crawling underneath.
C.
Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.
D.
Outdoor play shall not be permitted in the front yard or adjacent to an arterial road.
G.
Each facility shall provide for the dropoff and pickup of children on a driveway, approved parking area, or directly in front of the facility. This area must be free from traffic hazards to children. The dropoff area shall be located immediately adjacent to the facility.
H.
No part of a facility may be located within 200 feet of gasoline pumps or underground storage tanks or any other storage area for explosive or hazardous materials.
I.
A planted visual screen shall be provided to protect the day-care center from an adjacent use or to protect a less intense adjacent use from the activity of the day-care center. Planted visual screens, where required and as defined in Article II, shall comply with regulations in § 300-95. Opaque fences or walls may be used in place of planted visual screens.
J.
When streets of different classifications are involved, access shall be provided by way of the street of lesser functional classification, if possible.
K.
Each operator of a newly established day-care center shall notify the Borough in writing at least 30 days prior to the initiation of a day-care center for the purpose of allowing the Borough to establish a record of such use.
L.
A permit for operation shall be obtained from the Borough.
M.
The Pennsylvania Department of Public Welfare and all other appropriate agencies must license the facilities.
§ 300-129 Private clubs.
A private club shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commerical-A Districts only, subject to the following regulations:
A.
Private clubs shall be operated for civic, cultural, educational, social, or recreational purposes only.
B.
The activity shall be noncommercial, nonprofit, and clearly not 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.
§ 300-130 Places of amusement.
A place of amusement such as a bowling alley, laser tag facility, or other indoor amusement uses, excluding arcades, shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commerical-A Districts only, subject to the following regulations:
§ 300-131 Telecommunications antennas.
§ 300-132 Uses with lot area greater than 25,000 square feet.
§ 300-133 Adult bookstores or video stores.
§ 300-134 Body art establishments.
§ 300-135 Single-family detached dwellings in OS District.
A single-family detached dwelling shall be permitted as a conditional use in the OS Open Space District only, subject to the following regulations:
A.
Dimensional regulations. Unless otherwise specified, the following shall be minimum requirements:
(1)
Lot area: 5,000 square feet.
(2)
Lot width: 50 feet.
(3)
Front yard: 20 feet, but any infill shall not be less than the average setback on the block.
(4)
Side yards: 40 feet aggregate; 15 feet, minimum.
(5)
Rear yard: 20 feet.
(6)
Building coverage: 30%, maximum.
(7)
Impervious surface: 50%, maximum.
(8)
Height: three stories or 35 feet, maximum.
B.
Development regulations.
(1)
An overall development plan encompassing a minimum of 10 acres shall be provided.
(2)
In order to be eligible for development, not less than 25% of the buildable area within the tract shall be dedicated to common open space; areas covered by water shall not be included in the calculation.
(3)
The developer shall meet with the Urban Waterfront Action Group prior to submitting any development proposal to identify potential permitting issues.
(4)
The applicant shall obtain all federal, state, and local permits relating to wetlands, floodplains, environmental protection, rare and endangered species, air quality, hazardous waste, and similar conditions prior to construction of any development.
(5)
Any development proposal shall be in accordance with the following reports and studies:
(b)
Federal Emergency Management Agency floodplain maps;
(d)
Delaware County Waterfront Resources Management Plan (1992); and
(e)
Natural Areas Inventory, Delaware County, Pennsylvania (1992), by the Pennsylvania Science Office of the Nature Conservancy, which analyzes natural areas that are either environmentally significant or contain rare/endangered species.
(6)
If archaeological resources are contained within any tract for proposed residential development as per the Delaware County Archaeological Resource Inventory and Management Plan (1991), the developer shall first perform a Phase I (systematic shovel testing to a depth of 18 inches) archaeological study of the site.
(7)
A riparian buffer of 50 feet shall be maintained from the mean high water mark and the nearest principal building.
(8)
Should the provisions of this Part 1 differ from those of another applicable ordinance, statute, or regulation, the more restrictive provisions shall be controlling.
§ 300-136 Firehouses.
A firehouse shall be permitted as a conditional use in the TC Town Center District only, subject to the following regulations (The following requirements are minimums unless otherwise specified.):
§ 300-137 Shopping centers.
A shopping center shall be permitted as a conditional use in the HC Highway Commercial and HC-A Highway Commercial-A Districts only, subject to the following regulations (All requirements are minimums unless otherwise stated.):
A.
Tract area: 30,000 square feet.
B.
Tract width: 120 feet.
C.
Front yard: 10 feet.
D.
Side yards: 15 feet on each side of the tract.
E.
Rear yard: 20 feet.
F.
Impervious surface: 75%, maximum.
G.
Distance between buildings: 20 feet.
H.
Height: three stories or 40 feet.
K.
Buildings in a shopping center may be constructed in an attached or detached fashion while complying with the above dimensional regulations.
§ 300-138 Purpose.
Within the districts established by this Part 1 or amendments thereto, there exist certain uses, structures, and/or lots that were lawful before this Part 1 was enacted but which do not conform to the provisions of this Part 1 or amendment thereto. These uses, structures, and/or lots are referred to as "nonconformities." The regulations governing existing nonconforming uses, structures, and/or lots are set forth in this article and are intended to provide a gradual remedy for the undesirable conditions resulting from such nonconformities and to bring about their gradual reduction.
§ 300-139 Continuation.
All structures, lots, uses of structures, and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this Part 1 or amendment thereto shall be regarded as nonconforming and may be continued so long as they remain otherwise lawful, including subsequent sales of property. Such uses must comply with all safety-related and other applicable regulations.
§ 300-140 Enlargement.
A nonconforming use or structure may be extended, enlarged, or altered, provided that the following conditions are met and a zoning permit is obtained as per the requirements in Article XVII:
A.
It is clear that such enlargement or extension is not materially detrimental to the health, safety, and welfare of the surrounding area.
B.
The proposed enlargement or extension only occurs on the tract where the nonconformity is located.
C.
The area devoted to the nonconforming use shall not be increased by more than 25%. The nonconforming structure shall not be increased by more than 25% of its cubic content.
D.
Any extension or enlargement of a building shall conform to the area, height, and setback regulations of the district in which it is located. In determining cubic content, the portion of a stack or projection above the highest point of the principal building shall be excluded from the calculation.
E.
Not more than one extension or enlargement to a nonconforming use or structure shall be granted.
§ 300-141 Change of use.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use, subject to the following conditions:
A.
The applicant shall show that the nonconforming use cannot be reasonably changed to a conforming use.
B.
The applicant shall show that the proposed change will not increase external effects more than the existing nonconforming use or will be more appropriate than the existing nonconforming use with regard to:
§ 300-142 Enclosures.
Where a nonconforming use is conducted entirely on unenclosed premises, no structure to house or enclose such use, whether or not such structure would otherwise conform to zoning regulations, shall be permitted to be erected on the premises.
§ 300-143 Abandonment.
If a nonconforming use of a building or land is abandoned for 12 consecutive months or more, whereby the owner discontinues the use, the subsequent use of such a building or land shall conform to the regulations of the district in which it is located.
§ 300-144 Reconstruction.
A nonconforming structure, a conforming structure devoted to a nonconforming use, or a structure that has been legally condemned or destroyed by fire or other cause to not more than 75% of the current value of the structure may be reconstructed and used for the same nonconforming use, provided that:
A.
The reconstructed structure shall not exceed the height, area, and volume of the building destroyed or condemned.
B.
Reconstruction of the structure shall commence within 12 months from the date the structure was destroyed or condemned, unless Borough Council shall authorize a conditional use for an extension of this time limit. However, an extension may be granted if permitting causes any delay in construction.
§ 300-145 Repairs and maintenance.
A.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of six consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.
B.
If a nonconforming structure becomes physically unsafe due to lack of repairs and maintenance and is declared by the Code Official or applicable party to be unsafe by reason of physical condition, it shall not thereafter be restored or repaired except to conform to the regulations of the district in which it is located.
C.
Nothing in this Part 1 shall be construed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Code Official.
§ 300-146 Displacement of conforming uses prohibited.
No nonconforming use shall displace a conforming use.
§ 300-147 Nonconforming lots.
A lot held in single and separate ownership on the effective date of this Part 1 which does not contain the required minimum area or width as stated in this Part 1 may be used for the construction, alteration, or reconstruction of a building if the construction, alteration, or reconstruction is in compliance with the use, yard, and setback provisions of this Part 1.
§ 300-148 Reduction of lot area.
No lot area shall be so reduced that the area of the lot or the dimensions of the open space shall be smaller than herein prescribed.
§ 300-149 Nonconforming signs.
Regulations for nonconforming signs are in Article XI, Signs.
§ 300-150 Nonconforming storage.
A.
This section shall apply to existing outdoor storage not contained within a storage building, as defined in Article II, in the TC Town Center, HC Highway Commercial, and HC-A Highway Commercial-A Districts.
B.
The owner of said storage shall relocate all storage to the rear yard and employ a storage building within 180 days of the effective date of this Part 1.
C.
The Borough is attempting to bring these nonconforming accessory uses into conformity and keeping in line with the goals and purposes of the TC Town Center, HC Highway Commercial, and HC-A Highway Commercial-A Districts.
D.
The Code Official shall inspect the new storage structure in accordance with these provisions within 30 days of its erection.
§ 300-151 Nonconforming refuse dumpsters.
§ 300-152 List of nonconforming uses.
As needed, the Code Official may prepare, or cause to be prepared, a complete list of all nonconforming uses, structures, lots, and signs in the Borough.
§ 300-153 Continuation upon sale of lot.
Whenever a lot is sold to a new owner, a previously lawful nonconforming use shall be allowed to continue by the new owner.
§ 300-154 Continuing violations.
A nonconforming structure altered or a nonconforming use created in violation of any provision in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 300-139 upon other nonconforming structures and uses.
§ 300-155 Purpose.
The purpose of this article is to ensure adequate protection for the residents of the Borough against the possible negative effects of certain uses, processes, or activities applicable to all districts but particularly to commercial districts.
§ 300-156 Interpretation; applicability; administration and enforcement.
A.
Interpretation and application of standards.
(1)
The performance standards contained herein shall be the minimum standards to be met and maintained by all uses established after the effective date of this Part 1. Standards established by the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, or other applicable county, state, or federal agencies shall apply where those standards are more restrictive than the standards set forth below.
(2)
If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards herein shall only apply to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure.
B.
Application review. All applications for commercial uses shall be reviewed by the Borough Engineer for compliance with the performance standards listed in § 300-157. No application for a use shall be approved until it is certified in writing by the Borough Engineer that the proposed use can meet these performance standards.
C.
Enforcement and costs.
(1)
The Code Official shall investigate any purported violation of the performance standards noted below. Enforcement procedures shall be in accordance with Article XVII, Administration and Enforcement; Amendments.
(2)
If violations, as alleged, are found, costs of such determinations shall be charged against those responsible for the violations, in addition to such other penalties as may be appropriate. If, however, it is determined that no violation exists, the Borough shall pay for the costs of the determination.
§ 300-157 Performance standards.
A.
Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors, gases, or other matter, toxic or noxious, to air which violates the Pennsylvania Air Pollution Control Act of 1959,[1] as amended, including the standards set forth in Chapter 123, Standards for Contaminants, and Chapter 131, Ambient Air Quality Standards, of Article III, Air Resources, of Title 25, Environmental Protection, of the Pennsylvania Code.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
B.
Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, adequate firefighting, fire-suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings, structures, and activities within such facilities shall conform to the most recently adopted Pennsylvania Uniform Construction Code, the National Fire Code, and any applicable Borough ordinances. Any explosive material shall conform to the requirements of Chapter 211, Storage, Handling and Use of Explosives, of Article IV, Occupational Health and Safety, of Title 25, Environmental Protection, of the Pennsylvania Code for storing, handling, and use of explosives.
C.
Glare and heat. No direct or sky-reflected glare, whether from floodlights or high-temperature processes such as combustion, welding, or otherwise, visible at the lot line shall be permitted, except for emergency industrial operations and safety purposes. These regulations shall not apply to signs or floodlighting of parking areas. There shall be no emission or transmission of heat or heated air discernible at the lot line.
D.
Liquid and solid waste. There shall be no discharge of materials at any point into any public or private sewage system, watercourse, or the ground in such a way or nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the ordinances of Norwood Borough and the laws of the Commonwealth of Pennsylvania, specifically of Chapters 73, Standards for Onlot Sewage Treatment Facilities, and 95, Wastewater Treatment Requirements, and Article VII, Hazardous Waste Management, of Title 25, Environmental Protection, of the Pennsylvania Code.
E.
Noise. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating, or intermittent, with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use:
Receiving Land Use Category | Time | Sound Level Limit | ||
|---|---|---|---|---|
Residential, public space, open space, or institutional | (1) | 7:00 a.m. to 10:00 p.m. | 60 dBA | |
(2) | 10:00 p.m. to 7:00 a.m. (including Sundays and legal holidays) | 50 dBA | ||
Commercial or business | (1) | 7:00 a.m. to 10:00 p.m. | 65 dBA | |
(2) | 10:00 p.m. to 7:00 a.m. (including Sundays and legal holidays) | 60 dBA | ||
(1)
For any source of sound that emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid delay and an occurrence of not more than one time in any fifteen-second interval), the sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night, of receiving land use, using the "fast" meter characteristics of a Type II Meter, meeting the ANSI specifications S1.4-1971.
(2)
The maximum permissible sound levels as listed in the above table shall not apply to any of the following noise sources:
(a)
The emission of sound for the purpose of alerting persons to the existence of an emergency or associated practice drills.
(b)
Emergency work to provide electricity, water, or other public utilities when public health or safety is involved.
(c)
Public celebrations specifically authorized by the Borough.
F.
Odors. No uses shall emit odorous gases or other odorous matter in such quantities so as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1, Odor Thresholds in Air, "Research of Chemical Odors: Part I – Odor Thresholds for 53 Commercial Chemicals," October 1986, Manufacturing Chemists Association, Inc., Washington, D.C.
G.
Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line except for repair and construction work.
H.
Radioactivity or electrical disturbances. There shall be no activities that emit dangerous radioactivity at any point. There shall be no radio or electrical disturbances adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of any radioactive material, equipment, or supplies, such use shall be in strict conformity with Chapters 221, X-rays in the Healing Arts; 225, Radiation Safety Requirements for Industrial Radiographic Operations; and 227, Radiation Safety Requirements for Analytical X-ray Equipment, X-ray Gauging Equipment, Electron Microscopes, and X-ray Calibration Systems, of Article V, Radiological Health, of Title 25, Environmental Protection, of the Pennsylvania Code.
I.
Public health and safety. No use shall create any other objectionable condition in an adjoining area that will endanger public health and safety or be detrimental to the public use of the surrounding area.
§ 300-158 Purpose.
§ 300-159 Administration; violations and penalties.
A.
The administration, enforcement, and amendment of this Part 1 shall be in accordance with the provisions of Article VI[1] and any other applicable sections of the Pennsylvania MPC, Act 247, as amended, hereinafter referred to in this article as the "Planning Code."
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
B.
There shall be a Code Official (CO) who shall be appointed by Borough Council. The Borough Manager may also exercise the powers and duties of the CO listed in this article. Additionally, the CO may delegate the power of enforcement to another qualified employee of the Borough. All employees engaged in the administration and enforcement of this Part 1 shall report to the appropriate Council committee person and the Borough Manager.
C.
The CO and Borough Manager shall not hold any elected office in the Borough.
D.
The CO shall administer this Part 1 in accordance with its literal terms and shall not have the power to permit any construction, use, or change of use that does not conform to this Part 1.
E.
The CO may be authorized to institute civil and criminal enforcement proceedings as a means of enforcing this Part 1.
F.
Duties. The following duties shall be performed by the CO:
(1)
Enforce all provisions of this Part 1 and all amendments thereto.
(2)
Receive, examine, record, and file all applications and fees for zoning permits, and issue zoning permits only for any structure or use that conforms to this Part 1.
(3)
Issue permits for uses and construction by conditional use, special exception, or variance only after Borough Council or the Zoning Hearing Board, in accordance with the provisions of this Part 1, approves such uses or buildings. Permits requiring approval by Borough Council shall be issued only after receipt of an authorization from Council.
(4)
Receive all required fees.
(5)
Regularly inspect all areas of the Borough to determine if there are any violations of this Part 1, and review the validity of any reported zoning violations.
(6)
Issue all necessary stop orders and order, in writing, the correction of all conditions found to be in violation of this Part 1. It shall be unlawful for any person to violate any such order lawfully issued by the CO, and any person violating such order shall be guilty of a violation of this Part 1.
(7)
Maintain, or cause to be maintained, a map or maps showing the current zoning classification of all land in the Borough.
(8)
Upon request of Borough Council, the Planning Commission, or Zoning Hearing Board, present facts, records, and any similar information to such body on specific requests to assist these bodies in reaching their decisions.
G.
Appeals from decisions of the Code Official. An appeal from a decision or action of the CO shall be made directly by a party in interest to the Zoning Hearing Board, and such appeal shall be made within 30 days after notice of the decision is made, or if no decision is made, 30 days after the date when a decision is deemed to have been made, in accordance with the Planning Code, as amended.
H.
Violations.
(1)
Whenever a violation of this Part 1 is alleged to have occurred, any person may file a written and signed complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the CO, who shall record such complaint promptly and immediately investigate and take action thereon as provided in this Part 1.
§ 300-160 Enforcement.
A.
Enforcement notice. If it appears to the Borough that a violation of this Part 1 has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive an enforcement notice regarding that parcel, and to any other person requested in writing by the owner of record. An enforcement notice shall include the minimum components required in Section 616.1(c) of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1(c).
D.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Section 617.2 of the Planning Code.
§ 300-161 Permits.
A.
Requirement for zoning permits. A zoning permit shall be required prior to the erection or alteration of any building, structure, or portion thereof, including signs and fences, prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use or structure.
B.
Application for zoning permits. Application for zoning permits shall be made to the CO on such forms as shall be furnished by the Borough. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use, or change in use complies with the provisions of this Part 1.
C.
Issuance of permits.
(1)
No building or use permit shall be issued until the CO has certified that the proposed building or alteration and the proposed use of the property comply with the provisions of this Part 1.
(2)
Permits shall be granted or refused within 45 days after the date of application. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
D.
Permits for trailers or other temporary structures. Prior to the placement of a trailer, dumpster, or other temporary structure on a site, a permit shall be obtained from the CO as noted in § 300-161. Such temporary permit shall be effective for not more than 90 days and may be renewed. However, the total continuous time for which temporary permits may be issued shall not exceed 180 days unless otherwise stated within this Part 1 or in circumstances deemed necessary by the CO.
E.
Expiration of permits. Permits for the erection, razing, change, alteration, or removal of a building shall be valid or effective for a period of not more than six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within that period and continues with due diligence from that time forward. In no event shall a zoning permit be construed to authorize the development activities for more than a one-year period of time, after which time a new permit must be sought. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted for reasons beyond his or her control, and demonstrably not due to his or her own negligence, at the discretion of the CO, the permit may be renewed without additional costs to the applicant.
F.
Occupancy permits.
(1)
Applicability. An occupancy permit shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies. Such a permit shall certify that the premises have been inspected and comply with all previously approved plans and all conditions or safeguards attached to the issuance of a zoning permit. It shall also certify that the premises comply with all other applicable requirements of the Borough. The following shall be unlawful until an occupancy permit has been applied for and issued by the CO:
(2)
Applications.
(a)
Application for an occupancy permit shall be made on forms furnished by the Borough after the building or part thereof has been erected, the change in use has been completed, or the land placed in use. In the case of a change in ownership of an existing residential building, the owner of such a building shall apply for an occupancy permit upon its sale.
(b)
Application for an occupancy permit shall be accompanied by a payment of the required fee.
(3)
Action by the Code Official.
(a)
The CO shall, within 15 days of application filing, inspect the premises and either certify their compliance with the previously approved plans and all conditions and safeguards stated upon issuance of an occupancy permit or deny such certification. In the case of a change in occupancy or use of an existing building or vacant land (when no zoning permit is required), the CO shall verify compliance with the applicable zoning regulations.
(b)
If the certification of the occupancy permit form is denied, the CO shall state in writing the reasons for such denial.
G.
Conditional use permits. After review of a conditional use application and its compliance with all applicable provisions of this article and Article XIV, Council shall make a determination on issuing a conditional use permit.
H.
Fees.
(1)
Norwood Borough Council shall establish, by resolution, a schedule of fees, charges, expenses, and collection procedures for zoning permits, occupancy permits, conditional uses, special exceptions, variances, appeals, amendments, and other matters pertaining to this Part 1.
(2)
A schedule of fees shall be posted in the office of the CO and may be altered or amended by Borough Council only.
(3)
The cost of permits shall be based on a fee schedule as established from time to time by Borough Council.
(4)
No action shall be taken on any application for any conditional use, special exception, variance, appeal, or other similar matter pertaining to this Part 1 until all application fees, charges, and expenses have been paid in full.
§ 300-162 Amendments.
A.
Power to amend. The regulations, restrictions, boundaries, and requirements set forth in this Part 1 may be amended, supplemented, changed, or repealed by Borough Council by amending this Part 1 in accordance with Sections 609, 609.1, and 609.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609, 10609.1 and 10609.2.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing, or changing the district boundaries (Zoning Map) or the regulations established herein may be initiated:
(2)
Before voting on the enactment of an amendment, Borough Council shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a map change, notice of said public hearing shall be conspicuously posted along the perimeter of the tract at least one week prior to the hearing. In addition, a mailing shall be sent to the real estate tax bill addresses of all real property within the area being rezoned at least 30 days prior to the public hearing date. The mailing must include at least the date, time, and location of the hearing.
(3)
Borough Council shall submit each proposed zoning amendment, other than one prepared by the Planning Commission, to the Planning Commission at least 30 days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action.
(4)
If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, Borough Council shall hold another public hearing as required by law pursuant to public notice before proceeding to vote on the amendment.
(5)
As required by the Planning Code, a copy of any proposed zoning amendment shall also be sent to the County Planning Commission at least 30 days prior to any hearing on the proposed amendment in order to provide the County Planning Commission an opportunity to submit its recommendations prior to final action on the amendment.
(7)
Within 30 days after enactment, a copy of the amendment to this Part 1 shall be forwarded to the Delaware County Planning Department.
§ 300-163 Purpose.
§ 300-164 Creation; membership; organization; procedures.
A.
Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Borough of Norwood shall be appointed by Borough Council and shall be authorized to administer all procedures charged to such Board in accordance with the provisions of Article IX of the Pennsylvania MPC, as amended.[1] Hereinafter, as used in this article, the term "Board" shall refer to the Zoning Hearing Board, and the term "Planning Code" shall refer to the Pennsylvania MPC, Act 247, as amended.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
Membership of the Board. The Board shall consist of five residents of the Borough. Their terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Borough of any vacancies. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Borough and shall not be employees of the Borough. Included in this statement are consultants, part-time officials, or appointed members on another board within the Borough. See also Section 903 of the Planning Code.[2]
[2]
Editor's Note: 53 P.S. § 10903.
C.
Removal of members. Any member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority rule of Borough Council taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member requests it in writing. See also Section 905 of the Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10905.
D.
Organization of the Board.
(1)
The Board shall elect its officers from its own membership, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than the majority of all members of the Board, but where a majority of members are disqualified to act in a particular matter, the remaining members may act for the Board.
(2)
The Board shall adopt rules and forms for its procedure in accordance with the provisions of this Part 1. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(3)
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Borough Manager and shall be a public record.
(4)
The Board shall submit a report of its activities to Borough Council or the Borough Manager as requested.
(6)
As provided for in the Planning Code, the Board may appoint a hearing officer from its own membership or an independent attorney to conduct any hearing on its behalf, and the parties may waive further action by the Board, as provided in Section 908 of the Planning Code.[5]
[5]
Editor's Note: See 53 P.S. § 10908.
E.
Expenditures for services. Within the limits of funds appropriated by Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to members of Borough Council. See also Section 907 of the Planning Code.[6]
[6]
Editor's Note: See 53 P.S. § 10907.
§ 300-165 Powers and duties.
A.
Appeals from the Code Official. The Board shall hear and decide appeals where it is alleged that the Code Official has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Part 1 or the Zoning Map or any valid rule or regulation governing the action of the Code Official.
B.
Application review. Applications for variances or special exceptions shall include, as a minimum, the following information:
C.
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this Part 1 inflict unnecessary hardship on the applicant. In granting a variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this Part 1. See also Section 910.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10910.2.
D.
Special exceptions. The Board shall hear and decide requests for special exceptions authorized by this Part 1 in accordance with the standards and criteria set forth in § 300-169 below. The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this Part 1. Regulations for specific special exceptions shall also be met and are located in Article XIII of this Part 1. See also Section 912.1 of the Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10912.1.
E.
Challenge to the validity of this Part 1 or map. The Board shall conduct hearings and make decisions and findings in connection with challenges to the validity of any provision of this Part 1 as authorized by Section(s) 909.1 and/or 916.1 of the Planning Code.[3]
[3]
Editor's Note: See 53 P.S. §§ 10909.1 and 10916.1, respectively.
§ 300-166 Hearings and decisions.
§ 300-167 Notice of hearing.
Notice of hearing. In any case where the Board shall hold a public hearing, the Board shall, at a minimum, give notice of such hearing as follows (See also Section 908 of the Planning Code.[1]):
A.
Notice shall, at a minimum, state the time and the place of the hearing and the particular nature of the matter to be considered at the hearing;
B.
By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Borough, provided that the first publication shall be not more than 30 days and the second publication shall be not less than seven days from the date of the hearing;
C.
By mailing or delivering due notice thereof to the applicant and other parties in interest, who shall be at least those persons whose properties adjoin the property in question or are within a two-hundred-foot radius of the property in question;
D.
By mailing or delivering notice thereof to Borough Council and the Code Official; and
E.
By conspicuously posting notice of said hearing on the affected tract of land at least one week prior to the hearing.
[1]
Editor's Note: See 53 P.S. § 10908.
§ 300-168 Decisions.
Decisions of the Board shall include the following elements (See also Section 908 of the Planning Code.[1]):
A.
Findings of fact, including a brief summary of relevant testimony and information entered during the proceedings of the Board.
B.
Citation by quotation or by reference to the specific sections of the local ordinances and/or the Planning Code that are relevant to the case in question.
C.
Conclusions of the Board, enumerating the reasons why such conclusions are deemed appropriate in light of the facts found.
D.
Ruling of the Board, indicating in writing any stipulations or conditions attached to the ruling.
[1]
Editor's Note: See 53 P.S. § 10908.
§ 300-169 Standards for review of variances or special exceptions.
In any instance where the Zoning Hearing Board is required to consider a variance or special exception, the Board shall, among other things, consider the following standards (See also Section 910.2 of the Planning Code.[1]):
A.
Planning Code criteria for variances.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of this Part 1 inflict unnecessary hardship on the applicant.
(2)
A variance from the terms of this Part 1 shall not be granted by the Board unless and until a written application for a variance is submitted by the applicant, who shall have the burden of establishing the presence of all of the following conditions where relevant in a given case:
(a)
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not to the circumstances or conditions generally created by the provisions of this Part 1 in the neighborhood or district in which the property is located.
(b)
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Part 1, and that the authorization of the variance is therefore necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the applicant.
(d)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(3)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this Part 1.
B.
Standards for review of special exceptions.
(1)
In any instance where the Board is required to consider a request for a special exception, the Board shall consider the following factors where appropriate (See also Section 912.1 of the Planning Code.[2]):
(a)
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility, and availability of public services, and that adequate provisions will be made to protect sensitive environmental features such as streams, lakes, wetlands, slopes, and mature trees.
(b)
That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties, and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any adverse impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
(c)
That the proposed special exception will serve the best interest of the Borough, convenience of the community, and the public health, safety, and welfare.
(d)
That the proposed use is consistent with the Norwood Borough Comprehensive Plan of 2004.
(e)
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(f)
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation and that access, on-site circulation, and parking are adequate in view of anticipated traffic.
[2]
Editor's Note: See 53 P.S. § 10912.1.
(2)
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in § 300-105 shall apply.
(3)
Financial hardship shall not be construed as a basis for granting special exceptions.
(4)
In granting any special exception, the Board may attach reasonable conditions and safeguards in addition to those expressed in this Part 1 as it may deem necessary to implement the purposes of the Planning Code and this Part 1, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics, and the minimization of noxious, offensive, or hazardous elements. Such special exceptions shall be clearly authorized by a provision in this Part 1 and shall, where applicable, comply with the more specific standards relating to such special exceptions contained in appropriate sections of Article XIII.
[1]
Editor's Note: See 53 P.S. § 10910.2.
§ 300-170 Standards of proof.
A.
Variances. An applicant for a variance shall have the burden of establishing both:
B.
Special exceptions. An applicant for a special exception shall have the burden of establishing both:
C.
Evaluation of the impact of an application on the public interest. In determining whether the allowance of a variance or special exception is contrary to the public interest, the Board shall consider whether the application, if granted, will:
(1)
Adversely affect the public health, safety, and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features, and neighborhood aesthetic characteristics.
(2)
Be in accordance with the Norwood Borough Comprehensive Plan of 2004.
(4)
Adversely affect the logical, efficient, and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police, fire protection, and public schools.
(5)
Otherwise adversely affect the public health, safety, or welfare.
§ 300-171 Expiration of variances and special exceptions.
Unless otherwise specified by the Board, a variance or special exception shall expire if the applicant fails to obtain a building permit within six months from the date of authorization thereof.