Penndel City Zoning Code
ARTICLE V
Dimensional and Supplemental Requirements
§ 405-19 Purpose.
The dimensional requirements for all zoning districts in the Borough of Penndel are summarized in the Table of Dimensional Requirements.[1] The purpose of the summary is as a reference in making comparisons between dimensional requirements in the various districts. Covered in this article are general dimensional requirements for special circumstances, applicable in all districts.
[1]
Editor's Note: See the Table of Dimensional Requirements at the end of this chapter.
§ 405-20 District regulations in effect.
[Amended 11-5-2001 by Ord. No. 2001-4]
The regulations for each district pertaining to minimum site area, minimum lot area, minimum lot area per dwelling unit, minimum lot width, minimum front yard, minimum side yard, minimum year yard, maximum height, maximum building coverage and maximum impervious surface coverage shall be as specified in this article unless specifically stated for a particular use in the use regulations in Article IV. See the Table of Dimensional Requirements at the end of this chapter.
§ 405-21 Lot area and width regulations.
A.
Lot area.
(1)
Where a minimum lot area is specified, no principal building or use shall be created or established on any lot of lesser area, except as may be permitted in § 405-20.
(2)
The lot area and yards required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area and yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
B.
Minimum lot width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width less than specified, except as may be permitted by § 405-21C.
C.
Exceptions to minimum lot areas and lot widths.
§ 405-22 Traffic visibility regulations.
[Amended 10-7-2024 by Ord. No. 2024-4]
A.
Traffic visibility across corners.
(1)
In all districts, no structure, planting or other obstruction shall be maintained between a horizontal plane three feet above cartway or road level and a plane seven feet above cartway or road level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a horizontal clear sight line triangle as follows:
(a)
When at least one of the streets which forms the intersection is classified as a major thoroughfare, the horizontal clear sight triangle bounded by the two street curblines and a straight line drawn between points on such line shall be 25 feet from the intersection of said lines or extension thereof; or
(b)
When none of the streets which forms the intersection is classified as a major thoroughfare, the horizontal clear sight triangle bounded by the two street curblines and a straight line drawn between points on such line shall be 20 feet from the intersection of said lines or extension thereof.
Illustrative example:
 |
(2)
At each point where a private accessway intersects a public street or road, a clear sight triangle of 10 feet measured from the point of intersection of the street curbline and the edge of the accessway shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than three feet above the street grade.
Illustrative example:
DRIVEWAY SIGHT DISTANCE 10 FEET MINIMUM SIGHT DISTANCE REQUIRED 3 FEET MINIMUM VERTICAL CLEARANCE REQUIRED  |
(3)
For the purposes of this section, a "street curbline" shall mean the curbline or, where no curbline exists, edge of the street pavement.
§ 405-22.1 Street classifications.
[Added 10-7-2024 by Ord. No. 2024-4]
For purposes of this chapter, certain streets of the Borough are classified as follows:
§ 405-23 Front yard regulations.
[Amended 2-7-2005 by Ord. No. 2005-1; 10-7-2024 by Ord. No. 2024-4]
A.
Front yard regulations. Where a minimum depth of front yard is specified in § 405-20, an open space of at least the specified depth shall be provided between the legal right-of-way, or the future right-of-way, wherever the latter exceeds the legal right-of-way, and the nearest point of any building or structure. Only landscaped areas, signs and necessary drives and walks shall be permitted in the required front yard.
B.
Projections into front yards. Ground-story bays and porches not over 1/2 the length of the front wall may project into any front yard 3 1/2 feet. Chimneys, flues, columns, sills and ornamental features may project not more than 3 1/2 feet, and cornices and gutters not more than 3 1/2 feet, over a required front yard.
C.
Exception to required front yard for certain accessory uses. Subject to §§ 405-22A and 405-40B(9), the front yard requirements of § 405-20 shall not apply to off-street parking facilities in R-1 and R-2 Districts.
D.
Front yard reduction. Where there is an existing building on each of two lots adjacent on either side to a lot on which a proposed building is to be erected, where both such existing buildings have an alignment nearer to the street than the required front depth elsewhere specified in this chapter and when both such existing buildings are within 100 feet of the proposed building, the average of the existing front yard depths of such adjacent lots shall be the minimum required front yard depth of the lot on which the proposed building is to be erected.
E.
Within the RC and SC Districts, a minimum of 75% of the facade of any building along a public street must be constructed at the maximum front yard distance.
F.
Encroachments. In Districts RC, SC, I and MB, pedestrian-oriented features of buildings such as one-story porches, entrance hoods, stoops, awnings, projecting signs, canopies, roof overhangs, and arcades may encroach over sidewalk with a clearance of eight feet and by a distance of five feet. In no case may such encroachments result in an obstruction of pedestrian movement. While cafe space and outdoor dining and retail are encouraged to add street life, a minimum of five-foot-wide pedestrian walkway must be maintained on the sidewalk.
G.
Within the RC, SC, MB and I Districts, no parking will be allowed between the building and the cartway.
H.
Front and side yards of corner lots. On a corner lot, the yard facing each street shall equal the required front yard for lots facing that street.
I.
Spacing of nonresidential buildings on the same lot. Where two or more main buildings for other than residential uses are proposed to be built upon property in one ownership and deed, front, side and rear yards are required only at lot lines abutting other property.
§ 405-24 Side yard regulations.
B.
Projections into side yards. Bays, balconies, chimneys, flues and fire escapes may project into a required side yard not more than 1/3 of its width and not more than four feet in any case. Ground-story bays and porches not over 1/2 the length of the side wall may project into any side yard 3 1/2 feet.
C.
Fences and terraces in side yards. Subject to § 405-22A, the provisions of § 405-20 shall not apply to fences, hedges or walls not over four feet high above the natural grade, or to terraces, steps, uncovered porches or other similar features not over three feet high above the floor of the ground story.
§ 405-25 Rear yard regulations.
B.
Accessory garage structures within required rear yards. Required rear yards may be occupied by an accessory garage for accessory garage use and other permitted accessory buildings, structures or use, provided that:
(1)
Such accessory building, structure or use shall be situated not less than three feet from any party line or rear yard line, provided that the specified setback line is observed.
(2)
Such accessory building, structure or use shall not exceed 15 feet in height measured from the garage floor to the highest point.
§ 405-26 Height regulations.
A.
Maximum height of buildings.
§ 405-27 Building coverage and floor area.
A.
Lot coverage.
(1)
The lot coverage is the maximum percent of the total land area which may be covered by the ground floor area of any building or buildings.
§ 405-28 Recreation space and swimming pools.
[Amended 5-7-2012 by Ord. No. 2012-4; 10-7-2024 by Ord. No. 2024-4]
A.
Recreation space. Recreation space is defined as the part or parts of a lot designed and developed for use by the occupants of the lot for recreation, gardens or leisure activities. Such spaces shall be effectively separated from automobile traffic and parking and readily accessible by all for whom they are required. Active recreation areas shall be located in such a location that the use of the facility will not be a nuisance to the residents of nearby dwelling units.
B.
Swimming pools. The following standards shall govern the erection, construction, maintenance and use of in-ground and aboveground swimming pools, public or private, within any zone in the Borough:
(1)
It shall be unlawful to construct or maintain a swimming pool, as defined under this chapter, without having obtained a permit therefor in the manner hereafter described.
(2)
Application for a permit for the construction of a swimming pool shall be made to the Zoning Official. Each application shall be accompanied by a duplicate set of plans, specifications and plot plans of the property. The location of the swimming pool on the property and with respect to adjoining property and road lines shall be shown, together with the location, height and type of fencing or walls or protective equipment and accessory buildings. No permit shall be issued until the plans and specifications and plot plans have been approved by the Zoning Official and approval has been certified on said plans.
(3)
The construction and design of all swimming pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owner of every such swimming pool shall be responsible to maintain said swimming pool in such condition as to prevent breaks in the swimming pool chassis or water from the swimming pool from overflowing into adjacent public or private property. Swimming pools used and maintained by an individual, firm, corporation, club, or association of persons for use by the public or members and their invitees or guests shall be constructed, equipped and maintained in strict conformity with the current provisions of the swimming pool and the public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Board of Health.
(4)
Swimming pools shall be protected in accordance with one of the following:
(a)
All swimming pools constructed with the swimming surface approximately level with the surrounding area must have a permanent, good-quality chain link, wooden, or other equivalent protective fence erected and maintained in good condition in such a manner as to entirely enclose the area on which the swimming pool is located and to bar all reasonable and normal access to such swimming pools, except through a substantial self-latching-type gate or gates.
(b)
Protective fences shall be required for all in-the-ground swimming pools and all swimming pools whose swimming or wading surface is two feet or more above the surrounding ground. Said protective fence must be at least four feet in height and shall have apertures or openings not larger, in the case of a picket-type fence, than three inches and, in the case of a wire fence, not more than eight square inches. Ingress and egress to and from this enclosure shall be provided for by means of a gate or gates which shall be of a self-latching type and which shall at all times when not attended or in use be secured by a suitable lock in accordance all applicable laws and ordinances, including, but not limited to, the Pennsylvania Construction Code, and its regulations, and the International Building Code as adopted by the Commonwealth of Pennsylvania.
(c)
Purity tests. The waters of all swimming pools used and maintained by an individual, firm, corporation, club, or association of persons for use by the public or members and their invitees or guests shall be tested for purity in accordance with the rules and regulations of the Bucks County Department of Health.
(d)
Lifeguard protection. If persons other than the owner of a swimming pool and his family are admitted to the swimming pool for a fee, adequate lifeguard protection must be provided.
(e)
Recreational facilities. Picnic or general recreational facilities in conjunction with a swimming pool used and maintained by an individual, firm, corporation, club, or association of persons for use by the public or members and their invitees or guests shall be considered an accessory use thereof but shall not be located closer than 50 feet to any lot line.
(f)
Bathhouses and equipment. Bathhouses or clubhouses for the comfort and convenience of persons using a swimming pool used and maintained by an individual, firm, corporation, club, or association of persons for use by the public or members and their invitees or guests may be erected, provided that they shall not be closer than 50 feet to any lot line. The sale or rental of equipment or accommodations in any such bathhouse or clubhouse shall be limited to such items as are customarily incidental to swimming and general recreation.
(g)
Overhead electrical conductors. No overhead electrical conductors shall be installed within 15 feet of any swimming pool. All metal fences, enclosures or railings near or adjacent to a swimming pool to which bathers have access and which may become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded. Such installation shall comply with any applicable laws, including, but not limited to, the Pennsylvania Construction Code, and its regulations, and the International Building Code as adopted by the Commonwealth of Pennsylvania.
(5)
No artificial lighting shall be installed, maintained or operated in such a manner as to be a nuisance or annoyance to neighboring property.
(6)
No swimming pool shall contain stagnant water. For the purposes of this section, the term "stagnant water" shall mean water or any other liquid in which mosquitos, flies, or other insects may breed, gestate, and/or multiply.
(7)
The owner and/or operator of every swimming pool heretofore and hereafter constructed in the Borough of Penndel shall, at all times, comply with the provisions of this chapter and with the requirements of other pertinent Borough ordinances relating to construction, location, and sanitation. Any nuisance or hazard to health shall be abated or removed forthwith by such owner and/or operator upon receipt of written notice from the Building Inspector, Zoning Officer, or other duly authorized Borough authority.
C.
Decorative water features. The following standards shall govern the erection, construction, maintenance and use of decorative water features within any zone in the Borough:
(1)
It shall be unlawful to construct or maintain a decorative water feature, as defined under this chapter, without having obtained a permit therefor in the manner hereafter described; provided that recycling water fountains that meet all the following criteria shall not require a permit where said recycling water fountain:
(2)
Application for a permit for the construction of a decorative water feature shall be made to the Zoning Official. Each application shall be accompanied by a duplicate set of plans, specifications and plot plans of the property. The location of the decorative water feature to be installed, constructed, or placed on the property and with respect to adjoining property and road lines shall be shown, together with the location, height and type of fencing or walls or protective equipment and accessory buildings. No permit shall be issued until the plans and specifications and plot plans have been approved by the Zoning Officer and approval has been certified on said plans.
(3)
The construction and design of all decorative water features shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owner of every such decorative water feature shall be responsible to maintain said decorative water feature in such condition as to prevent breaks in the decorative water feature or water from the decorative water feature from overflowing into adjacent public or private property.
(4)
Decorative water features shall be protected in accordance with one of the following:
(a)
Protective fences shall be required for all decorative water features whose depth is two feet or more. Fences must be at least four feet in height shall have apertures or openings not larger, in the case of a picket-type fence, than three inches and, in the case of a wire fence or planting of shrubs, not more than eight square inches. Ingress and egress to and from this enclosure shall be provided for by means of a gate or gates which shall be of a self-latching type and which shall at all times when not attended or in use be secured by a suitable lock.
(b)
Overhead electrical conductors. No overhead electrical conductors shall be installed over any decorative water feature. All metal fences, enclosures or railings near or adjacent to a decorative water feature that may become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded. Such installation shall comply with any applicable laws, including, but not limited to, the Pennsylvania Construction Code, and its regulations, and the International Building Code as adopted by the Commonwealth of Pennsylvania.
(5)
No artificial lighting shall be installed, maintained or operated in such a manner as to be a nuisance or annoyance to neighboring property.
(6)
No decorative water feature shall contain stagnant water. For the purposes of this section, the term "stagnant water" shall mean water or any other liquid in which mosquitos, flies, or other insects may breed, gestate, and/or multiply.
(7)
The owner and/or operator of every decorative water feature heretofore and hereafter constructed in the Borough of Penndel shall, at all times, comply with the provisions of this chapter and with the requirements of other pertinent Borough ordinances relating to construction, location, and sanitation. Any nuisance or hazard to health shall be abated or removed forthwith by such owner and/or operator upon receipt of written notice from the Building Inspector, Zoning Officer, or other duly authorized Borough authority.
§ 405-28.1 Fences.
[Added 3-5-2012 by Ord. No. 2012-1; amended 10-7-2024 by Ord. No. 2024-4]
A.
Fences in residential districts. Provided that the requirements of Subsections A through C herein are satisfied, the following types of fences are permitted in all residential districts:
(1)
Wooden or polyvinyl stockade fence, with wood or polyvinyl frame, provided that the framework must face the interior of the lot and the height measured from grade level does not exceed six feet.
(2)
Wooden or polyvinyl ranch or split-rail fence, provided that the distance between each horizontal piece of the fence shall not be less than 12 inches and the height measured from grade level does not exceed six feet.
(3)
Chain-link or other types of wire fence supported by posts or frames of either pipe or wood, provided that the height of the chain-link or other types of wire fence shall not exceed four feet in height measured from grade level and the posts and frame must face the interior of the lot. The open ends of chain-link or other types of wire fences must be towards the ground. No basket-weave or other types of wire fences with inserts or coverings are permitted.
(4)
Fences for swimming pools or decorative water features subject to the requirements established in the Code of the Borough of Penndel as well as all applicable laws and ordinances, including, but not limited to, the Pennsylvania Construction Code, and its regulations, and the International Building Code as adopted by the Commonwealth of Pennsylvania.
(5)
Temporary construction or safety fences for a duration of three months or less, or otherwise extended by permit, and reissued permits. Such fences may consist of chain-link, wood or other suitable materials commonly used in the industry and may be no higher than six feet measured from grade level.
(6)
Fences for public or private playgrounds, playfields or similar facilities or public utilities, as long as the fence does not exceed 12 feet in height measured from grade level and the fence is constructed of chain link or such other material commonly used to enclose such facilities.
B.
Construction and maintenance.
(1)
Fences shall be uniform in material and color.
(a)
Fences shall consist of materials commonly used in conventional residential fence construction, such as wood, metal or polyvinyl. Fences shall not be constructed of scrap materials, tires, canvas, cardboard, asphalt-style shingles, chicken wire, corrugated metal or sheet metal.
(b)
Any fence constructed or erected shall be neutral in color and shall not be painted or constructed of brightly colored or multicolored materials.
(2)
Fences shall be maintained in good condition, free of significant rust, peeling paint or other damage.
(3)
No fence shall be permitted which is designed with the intent to or which has the effect to injure or harm a person who has contact with or who attempts to climb such fence.
C.
Location.
(1)
Except as provided in Subsection C(2), below, fences may be located in the rear yard and side yard. Fences shall not extend closer to the street than the front wall of the dwelling.
(2)
Corner lots. Where a property constitutes a corner lot as defined by this chapter, a fence may be erected in one front yard which is not the yard the front of the dwelling faces, provided that:
(3)
Fences shall not be located on easements.
(4)
All fences must be located no less than 15 feet from the physical cartway.
Illustrative example:
CORNER LOT FENCE SETBACK 15 Feet Minimum Setback Required from Cartway  |
(5)
Fences may not be located in a position that impedes the flow of stormwater.
(6)
Fences may only be built on applicant's property, unless express written consent is provided by another property owner.
D.
Fences in nonresidential districts. Fences are permitted in all nonresidential districts provided that the fence meets all of the following requirements:
(2)
Security fences not exceeding six feet in height measured from grade level are permitted. In the I-Industrial District, one foot of barbed wire may only be installed above the top of a security fence six feet in height.
E.
Permit required.
(1)
General rule. No fence shall be erected within the Borough without the owner of the property or his or her representative, authorized in writing to make such application, first obtaining a fence permit from the Borough Zoning Officer.
(2)
An application for a fence permit shall be made to the Borough Zoning Officer in writing and shall set forth the following information:
(a)
The owner, address and tax parcel number of the property where the fence is to be erected.
(b)
A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings.
(c)
A detailed sketch or site plan of the property, including corner survey, showing the location of the proposed fence, and property boundaries. If at any time there is a question or discrepancy with the property boundaries, a surveyed site plan may be required by the Borough.
(d)
At all times, applicant shall have the burden of demonstrating compliance with this chapter.
(e)
In event applicant erects a fence not in accordance with the submitted plans, applicant shall remove all portions of the fence not in compliance with this chapter or with the approved plans, irrespective of any permit issued, within 30 days.
(3)
The fee for fence permit shall be established by resolution or fee schedule of the Council of the Borough of Penndel.