Radnor Township, PA Zoning Ordinance

A nonconforming use may be changed to another nonconforming use by grant of special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things, traffic generated; nuisance characteristics, such as emission of noise, dust and smoke; fire hazards; and hours and manner of operation.

The nonconforming use of a building shall not be extended or enlarged, and a nonconforming building shall not be extended or structurally altered, except insofar as is required by law to assure the structural safety of the building, unless the Zoning Hearing Board shall, as a special exception, authorize the extension of a nonconforming use of a portion of a building throughout the building or the limited extension of a building on a lot. The Zoning Hearing Board may grant such special exception, provided that:

It is clear that such extension is not materially detrimental to the character of the surrounding area or the interests of the Township.

The area devoted to the nonconforming use shall in no case be increased by more than 50%.

Any extension of a building shall conform to the area, height and setback regulations of the district in which it is situated.

No more than one extension to a nonconforming building shall be granted.

Where a nonconforming use is conducted entirely on an 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.

Whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter.

Nonconforming buildings. The continuation, alteration or extension of a nonconforming building shall be in compliance with the following requirements:

A nonconforming building being used or proposed to be used for a conforming purpose may continue and may be altered or enlarged if the alteration or enlargement does not increase the nonconformity of the building or structure with respect to the setback, land coverage and density requirements of this chapter or any subsequent amendment in effect at the time such alteration or enlargement is proposed to be made.

A nonconforming building or structure which has been damaged or destroyed by fire or other casualty may be reconstructed in its former location and to its former dimensions and used for the same purpose for which it was used before its damage or destruction, provided that such reconstruction shall be commenced within one year from the date of damage or destruction and shall be completed within one year thereafter.

Nonconforming lots. A lot held in single and separate ownership at the effective date of this chapter or of any subsequent amendment hereto which is not of the required minimum area or width may be used for the construction, alteration, reconstruction of a building or may be otherwise used if the construction, alteration, reconstruction or other use itself is in compliance with the use, yard, setback, density and other pertinent provisions of this chapter.

§ 280-102 Reduction of lot.

No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.

§ 280-103 Off-street parking.

As a general requirement, each use in the Township shall provide sufficient off-street parking area to serve its users.

Minimum standards. Subject to the general requirement for off-street parking, off-street parking space with proper access from a street, alley or driveway shall be provided in all districts in the amounts indicated below. Such parking space shall be provided on any lot on which a dwelling is hereafter erected or converted or, in the case of any other use, on the lot on which any main building is hereafter erected or converted. Nothing in this subsection shall be construed to prevent the collective provision of off-street parking facilities for two or more buildings or uses on the same lot, provided that the total of such off-street parking facilities provided collectively shall be not less than the sum of the requirements for the various individual uses computed separately. In no case shall the number of parking spaces provided or the area devoted to parking, be less than the minimum requirements of this subsection.

[Amended 6-8-1987 by Ord. No. 87-17]

Dwellings: two spaces per dwelling unit.

Dormitory: one space per three residents.

Tourist, rooming or boarding house: one space for each rental room, plus normal requirements for the dwelling unit.

Hotel, motel or inn: one space for each guestroom, plus one space for each three employees on the shift of greatest employment. The parking requirements for other facilities, such as restaurants, shall be in addition.

Theater, auditorium, stadium, assembly hall, gymnasium, community recreation center: one space per four fixed seats in the largest assembly room or area or for each 40 square feet of floor area available for the accommodation of movable seats in the largest assembly room or one space per 150 feet of floor area, whichever is applicable to the facility.

[Amended 7-20-1999 by Ord. No. 99-24]

Indoor and outdoor commercial recreation: one space for each 150 square feet of building floor area or ground area devoted to such use or one space per four sets of facilities available for patron use, whichever is applicable to the facility.

[Amended 7-20-1999 by Ord. No. 99-24]

Restaurant, diners and nightclubs: one space per three seating accommodations, plus one space per two employees on the shift of greatest employment.

[1] Medical/dental offices, including an ambulatory care facility: one space for each 150 square feet of floor area plus one space per examining room.

[Added 11-11-2019 by Ord. No. 2019-10]

Editor's Note: Former Subsection B(8), department stores, was repealed 7-20-1999 by Ord. No. 99-24.

(Reserved)[2]

Editor's Note: Former Subsection B(9), furniture and appliance stores, was repealed 7-20-1999 by Ord. No. 99-24.

Retail stores, all other types: one space per 200 square feet of floor area on the ground floor, plus one space per 300 square feet of floor area on other floors, plus one space for each two employees on the shift of greatest employment.

[Amended 7-20-1999 by Ord. No. 99-24]

(11)

Banks and office buildings, including general, professional, and sales: one space for each 200 square feet of floor area for the first 50,000 square feet, plus one space for each 300 square feet of floor area over 50,000 square feet. Drive-in banking facilities shall provide stacking for four automobiles per teller.

[Amended 7-20-1999 by Ord. No. 99-24; 11-11-2019 by Ord. No. 2019-10]

(12)

Wholesale establishment or industrial building: one space per two employees on the shift of greatest employment, plus one space per 200 square feet of floor area.

[Amended 7-20-1999 by Ord. No. 99-24]

(13)

Motor vehicle service station or public garage: two spaces for each 200 square feet of floor or ground area devoted to repair, sales or service facilities.

(14)

Hospital, sanitorium or nursing home: one space per three beds intended for patients (except bassinets or beds in student nurses quarters), plus one space per medical staff member, plus one space for each two employees on the shift of greatest employment.

(15)

Car wash establishment: a waiting or stacking area on the lot for incoming automobiles, accessible to the entrance end of the washing equipment, to accommodate at least 25 automobiles for each lane provided in the washing area, plus an area on the lot beyond the exit end of the washing equipment for at least 10 automobiles for each lane provided in the washing area; also, one parking space for each three employees based on the maximum number of employees at any one time.

(16)

Bowling alley: five spaces for each alley.

(17)

Social, fraternal, social service, union and civil organization buildings: one space per 100 square feet of assembly area.

(18)

Funeral home: one space for each 60 square feet of floor area available for seating or public assembly, plus one space per employee.

(19)

Private kindergarten, child institutional or day-care center: one space per attendant, plus one space per 500 square feet of floor area.

[Amended 7-20-1999 by Ord. No. 99-24]

(20)

Building or use other than specified above: at least one space for each 300 square feet of floor area or lot area devoted to such use, whichever is larger, except when authorized as a special exception, consistent with standards set forth herein for comparable buildings or uses.

[Amended 7-20-1999 by Ord. No. 99-24; 8-20-2012 by Ord. No. 2012-06]

Change in requirements. Whenever there is an alteration of a structure or an expansion of a use which increases the parking requirements according to the standards of § 280-103, additional parking shall be provided for the alteration or expansion in accordance with the requirements of that section. Whenever there is a change of use which increases the parking requirements according to the standards of § 280-103, the total amount of parking required for the new use shall be provided in accordance with the requirements of that section.

[Added 8-20-2012 by Ord. No. 2012-06]

§ 280-104 Off-street loading.

No building or structure shall be erected in any district for the uses listed below unless loading space for the accommodation of trucks is provided on the premises in accordance with the following regulations:

Each space shall be not less than 12 feet in width and 30 feet in length with adequate access from a street which does not block or interfere with the required parking as required in § 280-103B.

For retail stores, markets, wholesale and jobbing establishments and storage warehouses, the number of berths based on net floor area devoted to such use is as follows:

Two thousand to 8,000 square feet of net floor area: one berth.

Eight thousand to 20,000 square feet of net floor area: two berths.

Each additional 20,000 square feet or major fraction thereof up to a maximum of 60,000 square feet of net floor area: one additional berth.

For office buildings and hotels or motels, the number of berths based on net floor area devoted to such use is as follows:

Five thousand to 20,000 square feet of net floor area: one berth.

Each additional 50,000 square feet or major fraction thereof up to a maximum of 120,000 square feet of net floor area: one additional berth.

All other uses with a total of 5,000 square feet or more of net floor area devoted to such use shall provide loading spaces adequate, in the opinion of the Director of Licenses and Inspection, to accommodate the normal demands for loading and unloading incidental to the type of use proposed on the premises.

§ 280-105 Access and highway frontage.

In order to minimize traffic congestion and hazard, control street access in the interest of public safety and encourage the appropriate development of street or highway frontage, the following shall apply:

No parking lot or area for off-street parking or for the storage or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway at least five feet by a raised curb, barrier planting strip, wall or other effective barrier against traffic, except for necessary accessways, and each parking lot shall have not more than two accessways to any one public street or highway for each 500 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. No such accessway shall be more than 35 feet in width.

In the case of a planned development in a Planned Laboratory-Office, Planned Apartment, Planned Business District or Planned Institutional District constructed as part of an integrated plan, and in any other case where practicable:

[Amended 7-20-1992 by Ord. No. 92-13]

All parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the property.

All buildings shall front upon a marginal street, service road, common parking lot or similar area and not directly upon a public street or highway.

All accessways to a public street or highway shall be located not less than 100 feet from the intersection of any street lines.

All streets and accessways shall be designed in a manner conducive to safe exit and entrance and shall conform to the highway specifications and subdivision requirements of the Township.[1]

Editor's Note: See Ch. 255, Subdivision of Land.

In any case where a planned development in a Planned Business, Planned Laboratory-Office District or Planned Institutional District or an apartment development in a PA or R-5 District containing 20 or more dwelling units abuts a state highway, a traffic survey shall be conducted and plans for access streets to the development must be previously approved by the Pennsylvania State Department of Transportation, otherwise the development cannot be constructed. All streets in the vicinity of the development shall be adequate to serve probable increases in traffic volume, and adequate deceleration lanes and similar facilities shall be provided in the vicinity of a shopping center or in any other location where desirable.

[Amended 7-20-1992 by Ord. No. 92-13]

All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those relating to a dwelling, shall be adequately illuminated.

All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance in any agricultural, institutional or residential district, and in every district all such lighting shall be arranged so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. Any luminary shall be equipped with some type of glare shielding device approved by the Township Engineer. The height of any luminary shall not exceed 25 feet.

No parking, loading, or service area shall be located within the required front yard setbacks except as is permitted in the case of PI, PA, PB, PLU, GH-GA, GH-CR, and PLO Districts or unless authorized as a special exception by the Zoning Hearing Board in the WBOD, GH-BC, CO, C-1, C-2, or C-3 Districts, provided that the restriction against such use is clearly impracticable. In no case, however, shall the distance between the street right-of-way line and the portion of a lot used for parking be less than 20 feet for off-street parking areas located in nonresidential districts.

[Amended 7-20-1992 by Ord. No. 92-13; 6-13-2022 by Ord. No. 2022-04; 10-17-2022 by Ord. No. 2022-10]

In the event the reduction in the number of parking spaces caused by the conversion of an attached garage to living space causes a dwelling unit to have less than the number of parking spaces required by Article XX, § 280-103B(1), the setbacks and requirements of Article XX, § 280-105F, above, shall not apply to single-family dwelling units preexisting at the date of enactment of this subsection that are located in the AC, R-1, R-1A, R-2, R-3, R-4, R-5, R-6, and GH-N Districts. The number and location of parking spaces permitted in the front yard under this section shall be subject to approval by the Township Engineer.

§ 280-106 Minimum lot size where public sewer and water is unavailable.

[Added 10-22-1990 by Ord. No. 90-48]

When both public sewer and water are unavailable, the minimum lot size shall be 60,000 square feet and the minimum width at the building line shall be 150 feet.

When either public sewer or public water is unavailable, the minimum lot size shall be 43,560 square feet and the minimum width at the building line shall be 120 feet.

§ 280-107 Prohibited uses; performance standards.

No use shall be permitted which is noxious or offensive in the immediately surrounding area by reason of odor, dust, smoke, gas, vibration, illumination or noise or which constitutes a public hazard, whether by fire, explosion or otherwise. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed operation shall not:

Constitute any nuisance whatsoever beyond the boundary of the site on which the use is located by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust. All equipment shall be operated by electric power, oil, gas or other smokeless fuel.

Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line.

Endanger surrounding areas by reason of fire or explosion.

Produce objectionable heat, glare or radiation beyond the property line.

Result in electrical disturbance in nearby residences or adversely affect the operation of equipment other than on the property on which the disturbance is located.

Discharge any untreated sewage or industrial waste into any stream or otherwise contribute to the pollution of surface or underground waters.

Create any other objectionable condition in an adjoining area which would endanger public health and safety or be detrimental to the proper use of the surrounding area.

Where requested by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above. If required, the applicant shall submit supplemental information, plans and impartial expert judgments and the Township may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

Trailer camps and automobile graveyards shall not be permitted in any district, and no manufactured home may be used for living or housekeeping purposes within the Township. An unoccupied manufactured home shall not be parked on a lot unless such manufactured home is parked so as not to be visible from a street or other property line or is suitably screened.

[Amended 3-14-2011 by Ord. No. 2011-04]

§ 280-108 Conversion of dwellings to two-family or multiple-family use.

[Amended 7-20-1992 by Ord. No. 92-13]

The Zoning Hearing Board may authorize as a special exception the conversion of a dwelling in an AC, R-1 or R-2 District from single-family to two-family or multiple-dwelling occupancy, subject to the following requirements:

The lot area per dwelling unit shall not be reduced below the required lot area applying to a single-family dwelling in the district in which the lot is located; except that for dwellings which have a gross square footage of 10,000 square feet or more, the lot area per dwelling unit shall be 75% of the required lot area for the district.

[Amended 3-14-1983 by Ord. No. 83-04]

Each family unit shall have not less than 600 square feet of gross habitable floor area, not including stairs and corridors.

A separate means of access to each living unit shall be provided without passing through any other living unit.

There shall be no extension or structural alteration of the building exterior except as may be necessary for reasons of safety.

All applicable requirements of the Pennsylvania Department of Labor and Industry, the Radnor Township Board of Health, Chapter 125, Building Construction; Chapter 222, Property Maintenance; and this chapter shall apply.

[Amended 7-26-1976 by Ord. No. 1631]

The Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of buildings or property as it deems appropriate.

§ 280-109 Fences and walls.

[Amended 9-22-1980 by Ord. No. 80-21; 5-12-1997 by Ord. No. 97-11]

No fence or wall, except for retaining walls or the walls of a building as permitted under the terms of this chapter, shall exceed a height of six feet, provided further that within R-4 and R-5 Districts, no fence or wall erected within the required front yard setback shall exceed a height of four feet.

All fences shall be erected with the finished side facing adjacent properties. The finished side shall be considered the side without the structural members.

Barbed wire or electrified fences shall be permitted only in AC Districts on lots used for agricultural purposes exceeding five acres in size.

§ 280-110 Lot averaging.

In order to permit a more varied, more efficient and more economical development pattern in a specific location, preserve stream valleys and other natural features and provide for a better and more attractive arrangement of homes and open space than is possible under the usual district zoning requirements, the requirements of an AC Agricultural Conservation District or an R-1 or R-2 Residence District may be modified when approved by the Board of Commissioners in accordance with the provisions of this section.

[Amended 7-20-1992 by Ord. No. 92-13]

In the case of a plan for a development which involves a tract of land not less than five acres in size and which is subject to review by the Planning Commission and approval by the Board of Commissioners in accordance with the requirements of Chapter 255, Subdivision of Land, the requirements of this chapter relating to such plan may be modified in the following respects, provided that approval of a plan under the provisions of this section shall be granted only where it is determined by the Board of Commissioners that the plan clearly conforms to the intent, standards and requirements of this section and is in the general public interest:

The minimum lot area per family and lot width requirements relating to an individual lot in the district in which the lot is located may be reduced by not more than 25%, provided that the median lot area per family requirement for the entire tract shall be not less than the minimum required for the district.

[Amended 9-22-1980 by Ord. No. 80-21]

No lot of such size as to be capable of further subdivision under the district regulation shall be included in determining the average lot area unless the possibility of such further subdivision is eliminated by a deed restriction or agreement in form acceptable to the Township Solicitor and duly recorded in the office of the Recorder of Deeds of Delaware County.

All other requirements of the zoning district in which the development is located shall apply.

§ 280-111 Heliports and helistops.

[Added 10-28-1974 by Ord. No. 1586]

Helistops are a permitted use in PB, PLO and PI Districts upon approval by the Board of Commissioners of the Township of Radnor, subject to the following provisions:

[Amended 9-22-1980 by Ord. No. 80-21; 7-20-1992 by Ord. No. 92-13]

The proposed helistop would not be detrimental to the health, welfare and safety of the Township residents and their property.

The landing pad must be at least 60 feet square or a circle with a sixty-foot diameter. This pad must be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

There must be a four-foot fence around the helistop, except for those helistops on a rooftop. The fence shall be so located as not to obstruct the glide angle of a helicopter using the helistop.

At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet, and shall have a glide angle slope of eight to one (8:1) measured from the outer edge of the pad.

Clear area for emergency landings of the helicopter in the event of mechanical failure shall be available. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the helistop.

An application for a helistop on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

The helistop shall be used only for personal or executive use by a firm or individual.

No helicopter over 12,000 pounds' gross weight shall use any helistop.

Upon the granting of approval by the Board of Commissioners of Radnor Township, the Zoning Officer shall issue a permit for a helistop, and this permit shall be for a one-year period of time and must be renewed annually. If at any time the conditions of the approval or any other conditions imposed by the Board of Commissioners are violated, the permit may be revoked by the Zoning Officer.

It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Township of Radnor other than at a helistop except:

In conjunction with a special event, such as an athletic contest, a holiday celebration, parade or similar activity, after seven days' advance notice has been given to the Zoning Officer and permission obtained to make such landing and takeoff.

When necessary for law enforcement purposes and for emergencies.

In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.

Heliports are not permitted in any zoning districts.

§ 280-112 Slope controls.

[Added 12-12-1977 by Ord. No. 77-33]

It is the intent of the section to control the development of land in areas containing steeply sloped land for the following purposes:

To limit erosion and sedimentation.

To protect watersheds and limit increases in stormwater runoff.

To prevent an increase in the possibilities of landslides and soil subsidence.

To maintain adequate foliage cover on hillsides.

To protect streams from increases in sediment and pollution.

Any applicant for a building permit, preliminary subdivision plan approval or preliminary land development plan approval on land which contains areas with a grade or slope of 14% or more shall be required to have the limits of such areas defined by a registered professional engineer.

Areas of a tract containing slopes steeper than 14% shall be outlined as follows:

[Amended 9-22-1980 by Ord. No. 80-21; 1-11-1988 by Ord. No. 88-03; 7-17-2000 by Ord. No. 2000-18]

Areas containing slopes steeper than 14% but less than 20% shall be distinguished from areas containing slopes of 20% and steeper.

Areas containing slopes of 20% and steeper shall be separately identified.

The following uses and no others shall be permitted on steep slope areas where such uses are permitted in the zoning district containing such tracts:

Grazing, pasturing and tilling of the soil, using sound soil conservation techniques.

Forestry and wood production, excluding storage and mill structures.

Outdoor plant nurseries and flower and vegetable gardens, using sound soil conservation techniques.

Buffer areas or screen plantings.

Parks and recreation uses, such as skiing, sledding, hiking, equestrian and bicycle trails, scenic overlooks and outdoor education areas. Swimming pools shall be prohibited.

Roads, streets or drives, but only when no viable alternative alignment or location is feasible upon determination by the Township Engineer. Such roads must meet Township standards for grade and design.

Signs, when erected and maintained in accordance with the provisions of Article XXI, Signs.

Structures customarily associated with the above uses, such as retaining walls, railings, erosion control structures and park shelters.

No vegetation shall be removed from land on steep slopes except as necessary for:

The operation of permitted uses in accordance with approved plans and sound conservation practices.

Woodland sanitation and management operations.

The replacement of undesirable plant material with desirable landscape plant material.

The construction of permitted structures and facilities in accordance with approved plans.

Any plan for a development of a tract of land other than a single lot, as defined in Subsection J, which contains slopes in excess of 14%, will be subject to review by the Planning Commission and approval by the Board of Commissioners in accordance with the requirements and purposes of Chapter 255, Subdivision of Land, and this chapter. The applicant shall supply the Township with the necessary data to enable the Township to determine whether the application is in compliance with Chapter 255, Subdivision of Land.

In approving final plans, the Board of Commissioners may require conditions which, in its opinion, are necessary to protect the public safety, health and welfare. Furthermore, all developments on steep slopes shall:

Be oriented so that grading and other site preparations are kept to an absolute minimum.

Where grading is essential, shape and grade to complement the natural land form.

Be staged where necessary to complete construction of each stage during a season so that large areas of disturbed land are not left bare and exposed during the winter-spring runoff period.

Accomplish all paving as rapidly as possible after grading.

Allocate to open space and recreation uses those areas least suited to development, as evidenced by competent soil, geology and hydrology investigations.

Landscape areas around structures to blend them with the natural landscape.

Take measures to minimize erosion and sedimentation and to limit increases in stormwater runoff in accordance with related regulations of the Township and the Commonwealth of Pennsylvania.

All applications for building permits for structures located, in whole or in part, on tracts with areas containing steep slopes shall submit, along with the application, a site plan. Such application shall also include a stormwater runoff plan and a copy of the erosion and sedimentation control plan as required by the Pennsylvania Department of Environmental Protection (DEP).

[Amended 3-14-2011 by Ord. No. 2011-04]

This section does not apply to steep slopes created as a result of compliance with § 175-11A and B of the Code of the Township of Radnor.

[Amended 7-20-1992 by Ord. No. 92-13]

Single lots existing at the date of addition of this section to this chapter and which are not of sufficient size to be subdivided because of the zoning district lot size limitation are exempted from the provisions of this section except for Subsections B, C, E and H.

No lot may be created by subdivision which, because of the widespread existence of steep slopes, does not allow the placement of residences or commercial buildings in conformity with the zoning district yard setbacks.

(Reserved)[1]

Editor's Note: Former Subsection L, pertaining to lot size requirements, was repealed 7-17-2000 by Ord. No. 2000-18.

(Reserved)[2]

Editor's Note: Former Subsection M, pertaining to lot area requirements, as amended 1-11-1988 by Ord. No. 88-03, was repealed 7-17-2000 by Ord. No. 2000-18.

The Zoning Hearing Board may authorize, as a special exception, the following uses upon submission of an erosion and sedimentation plan:

Sealed public water supply wells, with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection (DEP).

[Amended 3-14-2011 by Ord. No. 2011-04]

Sanitary and storm sewers, with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection (DEP).

[Amended 3-14-2011 by Ord. No. 2011-04]

Underground utility disposal systems, when constructed in compliance with the Act 208 amendments to Act 537, the Pennsylvania Sewage Facilities Act.[3]

[3]

Editor's Note: See 35 P.S. § 750.1 et seq.

Neither the approval of any proposed subdivision by any officer, employee or agency of the Township of Radnor nor the grant of any subdivision approval by the Board of Commissioners of the Township of Radnor shall constitute a representation, guaranty or warranty of any kind by the Township of Radnor or by any of its officers, employees, agencies or members of its agencies of the safety or practicality of the proposed subdivision and use, and such approval or grant of approval shall create no liability on the part of the Township of Radnor or its officers, employees, agencies or members of its agencies.

Nothing in this section or in this chapter, as hereby amended, revised and supplemented, shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under this chapter, as amended, prior to this amendment and revision; nor shall any just or legal right, remedy or restriction of any character be lost, impaired or affected by this section.

§ 280-113 Recreational vehicles and boats.

[Added 9-22-1980 by Ord. No. 80-21]

In all residential zones provided for in this chapter, it is permissible to park a recreational vehicle or boat and boat trailer in the following manner:

Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zone, where located.

Parking is permitted outside in the side or rear yard, provided that it is not nearer than 10 feet to the lot line.

The Zoning Hearing Board may authorize, as a special exception, the parking of a recreational vehicle or boat outside on a driveway, provided that:

Space is not available in the rear yard or side yard or there is no reasonable access to either the side yard or rear yard. A corner lot is always deemed to have reasonable access to the rear yard; a fence is not necessarily deemed to prevent reasonable access.

Inside parking is not possible.

The unit is parked perpendicular to the front curb.

The closest part of the recreational vehicle or boat must be at least 13 feet from the face of any curb.

No part of the unit may extend over the public sidewalk or public thoroughfare (right-of-way).

Parking is permitted only for storage purposes, and any recreational vehicle or trailer shall not be:

Used for dwelling purposes, except for overnight sleeping for a maximum of seven days in any one calendar year. Cooking is not permitted at any time.

Permanently connected to sewer lines, waterlines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.

Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use.

Notwithstanding the provisions of Subsection C above, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.

The unit shall be owned by the resident on whose property the unit is parked for storage.

§ 280-114 Satellite earth stations.

[Added 8-8-1988 by Ord. No. 88-23]

Satellite earth stations may be allowed as an accessory use within all zoning districts of Radnor Township, when authorized as a special exception by the Zoning Hearing Board subject to the applicable conditions of § 280-145 and the following provisions:

Satellite earth stations may not exceed one per lot and are restricted in use to the property on which it is located, provided further that no cable, wire or other device used and necessary for the operation of an earth station may occupy or cross a Township right-of-way without the express approval from the Board of Commissioners. Any person, partnership, corporation or association maintaining a satellite earth station on a lot occupied by multiple tenants, condominiums and/or homeowners, whether residential or commercial in use, shall make these satellite earth stations available to serve all such occupants.

Ground-mounted satellite earth stations are permitted only on that side of the principal building where the rear yard is located, but shall not be located within any required yard area for the principal building or landscaped area as required by this chapter. Satellite earth stations must be set back from the side and rear property lines a minimum distance equal to the height of the satellite earth station, but the setback shall in no case be less than 10 feet.

The diameter of a satellite dish shall not exceed 11 feet, with the maximum height of a station being limited to 13 feet. Height of the apparatus shall include all poles, supports and related apparatus and shall be measured vertically from the ground to the maximum point when positioned for operation.

Satellite earth stations shall be of a color which blends with the surrounding environment and have an open mesh rather than solid surface to reduce visual blockage. Ground-mounted earth stations shall also be screened from adjoining properties by a dense growth of evergreens or shrubs which shall be to a minimum height of six feet. No writing, figure representation or other form of advertisement may be affixed to the apparatus.

Satellite earth stations may be roof mounted only on multifamily dwellings within R-5 Residential and Planned Apartment Zoning Districts and on buildings within Commercial, Commercial Office, Planned Business, Planned Laboratory Office and Planned Institutional Zoning Districts. To the greatest extent possible, roof-mounted stations shall not be visible from the street and shall not be attached to the exterior walls of a building or extend beyond the leading edge of the roof. In no case shall a roof-mounted station extend 10 feet above a flat roof or exceed the highest point of a ridge or similar type roof.

[Amended 7-20-1992 by Ord. No. 92-13]

A building permit shall be required prior to the installation of a satellite earth station. Application for a permit shall include two sets of construction drawings, prepared and sealed by a registered engineer, which shall be consistent with Township construction standards and detail the method and adequacy of construction.

Every satellite earth station must be adequately grounded for protection against lightning.

§ 280-115 Conservation of wetlands.

[Added 10-15-1991 by Ord. No. 91-40]

Should the existence of wetlands be indicated by one or more of the following: the National Wetlands Inventory maps, as prepared by the United States Fish and Wildlife Service or any other governmental agency having jurisdiction; hydric soils or soils with hydric inclusions, as depicted in the Soil Survey of Chester and Delaware Counties and/or in United States Department of Agriculture SCS Hydric Soils Lists; and the existence of hydrophytic vegetation or hydrologic conditions, as determined by on-site investigations; a wetlands delineation in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, as amended, shall be performed by a licensed professional engineer, hydrogeologist, soil scientist or similarly qualified professional experienced in wetlands ecology, selected by the applicant. Plans shall be submitted to the Township for review; such plans shall show the delineation and indicate any disturbance of wetlands anticipated. The qualifications of the consultant performing the delineation shall be submitted with such plans.

Should the Township Engineer dispute the delineation submitted by the applicant:

[Amended 3-14-2011 by Ord. No. 2011-04]

The Township and the applicant may select a mutually acceptable, qualified professional to reexamine the site for boundary confirmation and readjustment. All costs for such work shall be borne by the applicant. The Township at no time shall be held accountable for any additional boundary modifications imposed by state or federal agencies. If either party is dissatisfied with the wetlands boundary as confirmed or adjusted through this procedure, it shall have the right to appeal those findings to the United States Army Corps of Engineers, the Pennsylvania Department of Environmental Protection or the United States Fish and Wildlife Service for final boundary determination.

As an alternative to the procedure described in Subsection B(1) above, the applicant may appeal the Township Engineer's findings directly to the appropriate regulatory agency, including the Army Corps of Engineers, the Pennsylvania Department of Environmental Protection or the United States Fish and Wildlife Service for boundary confirmation.

Should the Township conclude, on the basis of the criteria cited in Subsection A above, that wetlands exist on the site, contrary to the applicant's findings:

The Township and the applicant may select a mutually acceptable, qualified professional to reexamine the site, using the criteria cited in Subsection A above, to determine if wetlands exist. All costs for such work shall be borne by the applicant. The Township shall at no time be held accountable for wetlands found to exist by state or federal agencies.

As an alternative to the procedure described in Subsection C(1) above, the Township may, at its discretion, request that either the United States Army Corps of Engineers, the Pennsylvania Department of Environmental Protection or the United States Fish and Wildlife Service verify the existence of wetlands. In the event that such agency or agencies verify the existence of wetlands, the applicant will be required to perform a delineation in accordance with the requirements of Subsection A above and secure any required wetlands permits or waivers pursuant thereto in accordance with the requirements of Subsection D below.

[Amended 3-14-2011 by Ord. No. 2011-04]

Unless it is clearly evident in the plans submitted by the applicant and/or through any field review by the Township Engineer that no disturbance to the designated wetlands is anticipated, the delineation performed shall be submitted to the appropriate regulatory agencies, including but not limited to the United States Army Corps of Engineers and the Pennsylvania Department of Environmental Protection for boundary confirmation and/or requisite wetlands permits or waivers pursuant thereto. All potential impacts on wetlands shall conform to applicable regulations, as amended.

[Amended 3-14-2011 by Ord. No. 2011-04]

Where wetlands exist and disturbance permits and/or mitigation activities are required, final plan approval or granting of applicable permits from the Township shall be conditioned upon the applicant receiving all necessary wetlands permits or waivers pursuant thereto and/or the approval of the Township Engineer.

§ 280-115.1 Home occupations.

[Added 10-26-1998 by Ord. No. 98-09]

Nontraffic home occupation. A nontraffic home occupation which involves no employees, clients, customers, patients, agents or any other commercial invitee shall be permitted, provided that it satisfies all of the following requirements:

The home occupation shall utilize not more than 35% of the gross floor area or 400 square feet of the dwelling unit, whichever is less.

The home occupation shall be conducted exclusively within the dwelling unit or within an accessory structure so long as that accessory structure meets the yard and setback requirements for the dwelling unit, and the home occupation is conducted in the accessory structure by the occupant of the dwelling. Storage shall be permitted within an attached or detached accessory structure.

Delivery of items incidental to the operation of the home occupation shall be by passenger motor vehicle, light commercial vehicle or by parcel or mail service vehicles typically employed in residential deliveries.

One contractor or service truck used as a part of a home occupation shall be permitted to park on the premises, provided that such vehicle complies with standards for the parking and storage of vehicles as set forth in Chapter 272 of the Township Code. Parking of such vehicles is limited to off-street only. Job-related equipment and materials shall be stored on the premises only when in a completely enclosed garage, accessory structure or in a commercial vehicle used for transporting equipment or materials between work sites.

Commercial signs or displays to identify the home occupation shall be prohibited.

No hazardous equipment, materials or process shall be used, and the home occupation shall not create noise, glare, fumes, odors, dust, vibrations, smoke or electrical interference beyond the exterior walls of the dwelling unit, including transmittal through ceilings, floors and vertical party walls.

Traffic home occupation. A traffic home occupation which requires a nonresident employee and/or attracts customers, clients, patients, agents or other commercial invitees shall be permitted when authorized as a special exception by the Zoning Hearing Board pursuant and subject to § 280-145, provided that the use satisfies the following requirements in addition to those set forth in § 280-115.1A. special exceptions shall apply only to applicants before the Board and shall be discontinued upon change of occupancy and/or sale of the property.

A traffic home occupation shall be permitted to operate only within a detached single-family dwelling or single-family semidetached dwelling.

Not more than one traffic home occupation shall be permitted to operate from any one dwelling unit.

No more than one nonresident associate or employee shall be on the premises at any one time to assist in the conduct of the home occupation.

The home office shall be open to the public only between the hours of 8:30 a.m. and 8:00 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 8:00 p.m. on Saturday, and shall not serve more than one client or customer per hour.

There shall be off-street parking to accommodate at least two vehicles for the home occupation unless found to be unnecessary by the Zoning Hearing Board. Any additional spaces required shall not be located in front of the building line. Parking for home occupations shall be in addition to the number of spaces required for the dwelling unit and shall be screened from adjacent properties by an evergreen buffer planting strip. Such planting shall be of proper size to provide an effective screen at the time of installation and subject to Township approval.

No traffic home occupation shall be located within 500 feet of any other traffic home occupation, measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use. The requirement of this subsection shall not be imposed if the applicant establishes, upon application to the Zoning Hearing Board for a special exception, either that the proposed use is located in a neighborhood which is not primarily residential in character or that the proposed use will not have a substantial tendency to commercialize the neighborhood.

Day-care homes. A "day-care home" is a residence in which for-profit child care is provided to children under the age of 16 who do not reside in the residence and shall be permitted when authorized as a special exception by the Zoning Hearing Board pursuant and subject to § 280-145, provided that the day-care home satisfies all of the following requirements:

A day-care home shall be permitted only within a single-family dwelling and shall be operated by the permanent resident of the dwelling unit.

A day-care home shall be permitted to operate only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday.

A day-care home in a single-family detached dwelling shall not provide services to more than six nonresident children at any one time. A day-care home in a semidetached single-family dwelling shall not provide services to more than three nonresident children at any one time. A day-care home in an attached single-family dwelling shall not provide services to more than two nonresident children at any one time. During the time that day care is providing services to nonresident children as permitted by this subsection, it may also provide care only to residents of the home.

Outdoor recreation areas and play equipment shall be located in the rear yard of the property and shall be enclosed by a visually impenetrable wood fence four feet in height or a chain link fence with an evergreen buffer planting strip that is impenetrable by children and small animals. Such planting shall be of proper size to effectively screen the area at the time of installation.

Outside play by children at the day-care home shall be limited to the hours between 9:00 a.m. and 5:00 p.m.

Commercial signs or displays which identify a day-care home shall be prohibited.

The day-care home shall meet all requirements imposed by state law and the Pennsylvania Department of Public Welfare, and a license or evidence of such compliance shall be furnished to the Zoning Hearing Board.

No day-care home shall be located within 500 feet of any other day-care home, measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use. The requirement of this subsection shall not be imposed if the applicant establishes, upon application to the Zoning Hearing Board for a special exception, that the proposed use will not have a substantial tendency to cause hazardous and congested traffic conditions.

Prohibited uses. The following uses shall be prohibited as home occupations:

Food preparation and service.

Veterinary uses (including care, grooming or boarding).

Hospital or clinic.

Bed-and-breakfast.

Machine or welding shop.

Equipment rental.

Beauty shops, barbershops and similar uses.

Any service involved in the preparation of animals or animal products for human use or consumption.

Retail sales.

Funeral homes.

Vehicle repair.

Laundry or dry cleaning.

Registration. Every individual who operates a home occupation or day-care home shall be required to secure a certificate of occupancy and annual business license from the Township.

Severability. The provisions of this section are severable, and if any section, sentence, clause, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this section. It is hereby declared to be the intent of the Board of Commissioners that this section would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included.

§ 280-115.2 Student home permitted by special exception.

[Added 3-14-2011 by Ord. No. 2011-10]

A student home is permitted by special exception within the R-1, R-1A, R-2, R-3, R-4, R-5, R-6 and PA Zoning Districts within a lawful single-family dwelling unit under the Radnor Township Zoning Ordinance, provided all of the following requirements are met:

A student home shall only be permitted within a single-family dwelling.

No student home shall be permitted within a two-family dwelling unit.

No more than one building on a lot may be used as a student home.

A special exception authorizing a student home shall expire unless the use is licensed and occupied as a student home within six months from the date of the special exception authorization.

No student home shall be closer than 1,000 feet to another student home property line. The distance requirement is measured from the closest property line of a potential student home to another student home property line.

The rules and regulations applicable to the conduct of student tenants in student homes authorized under this section shall, at a minimum, conform to those applicable to on-campus dormitories of the college or university wherein the student tenants at issue attend. The owner shall provide proof of such rules and regulations to the Township.

The student home shall have a minimum of 1,500 square feet of living area, exclusive of building area covered by a basement, garage or an accessory building.

The student home shall meet the minimum yard setbacks, lot area and lot width requirements for single-family detached dwellings within the zoning district in which located.

Noise abatement measures acceptable to the Township shall be used to avoid conflicts with nearby neighbors.

A buffer area with a width of 10 feet shall be required for student homes along the rear and side lot lines of the subject property.

Landscaping acceptable to the Township shall be used as a buffer between a student home and any nearby dwellings.

The number of persons living in such a student home shall not exceed two. Any number of persons in excess of two would tend to create an institutional atmosphere that would threaten the residential character of the subject zoning district.

The student home shall meet the minimum area, yard setback, lot width and other area and bulk requirements for single-family detached dwellings, unless otherwise specified herein.

A minimum of two paved off-street parking spaces located to the side or rear of the premises and not in the front yard shall be required, in addition to those otherwise required for a single-family dwelling.

The owner, manager and/or agent of the student home shall secure an annual license from the Township in accordance with Chapter 226 of the Radnor Township Code of Ordinances.

The owner of the property shall provide the Township with the number of students that reside within a student home and shall provide the names and contact information for each student residing therein.

The owner of the property shall notify the Township when there is a change in the individual students residing within a student home and/or if the property is no longer used as a student home. The owner of the property shall immediately notify the Township of a change in the property's status as a student home. In the event that the student home is no longer leased to students for a period of one year or more, any request to relicense the dwelling as a student home shall only be permitted in accordance with all requirements of this section.

No student residing within a student home shall conduct himself or herself in a disruptive manner.

A student home shall not be permitted to be used for any purpose other than a residence.

The owner of the student home and the students residing within said student home shall not engage in, nor tolerate or permit others on the property of the student home to engage in, conduct declared illegal under the Pennsylvania Crimes Code, Liquor Code, and/or Controlled Substance, Drug, Device and Cosmetic Act. The owner shall provide the Township with proof of rules and regulations enforcing the same at the subject property.

The student home's exterior appearance shall be maintained so as to resemble the dwellings within the immediate vicinity of the student home, and there shall be no signs identifying the use and/or identifying it as a student home.

This section is not intended, nor shall its effect be, to limit any other enforcement remedies, which may be available to the Township against an owner, student tenant and/or guest thereof found in this chapter and/or other applicable law.

§ 280-115.3 Bed-and-breakfast permitted by special exception.

[Added 2-27-2012 by Ord. No. 2012-01]

A bed-and-breakfast is permitted by special exception within a lawful single-family dwelling unit under the Radnor Township Zoning Ordinance, provided all of the following requirements are met:

The bed-and-breakfast home and use can only be established in a single-family dwelling existing as of the date of the adoption of this section.

The bed-and-breakfast home and use shall be an accessory use to a single-family dwelling and shall be subordinate to the residential use of the premises. The bed-and-breakfast use shall be owned and operated by the homeowners.

Each guest room of the bed-and-breakfast home must comply with Radnor Township building, health, and safety codes.

There will be no change in the outside appearance of the building and/or premises nor any visible or audible evidence detectable from the lot as to the presence of a bed-and-breakfast home, except for signage as permitted under Article XXI, Signs, of this chapter.

No meals shall be served to the general public. Meals may be served to overnight guests of the bed-and-breakfast home. No separate kitchen or cooking facility shall be allowed in any guest room. All food service shall comply with federal, state, and county regulations for the preparation, handling, and serving of food.

The minimum off-street parking requirements are as follows: one parking space is provided per guest unit or guest room and one parking space for each employee of the bed-and-breakfast home. In addition, any applicable parking requirements for the single-family dwelling shall be met. All parking areas shall be paved or graveled.

Where deemed necessary to preserve and protect the residential nature of the neighborhood, the Board may require a landscape buffer, fence, or other screening between the bed-and-breakfast home's parking area and any neighbor properties or streets.

There shall be no bed-and-breakfast use within 1,000 feet of any other bed-and-breakfast use.

Guests shall not remain in the same bed-and-breakfast for more than 14 consecutive days.

The use of any on-site amenities, such as a swimming pool or tennis court, shall be restricted to use by overnight guests staying at the bed-and-breakfast, as well as the homeowners and their private guests.

§ 280-115.4 Outdoor dining regulations.

[Added 4-8-2013 by Ord. No. 2012-09]

Within the C-1, C-2, C-3, WBOD, PB, and GH-CR Districts, outdoor dining shall be permitted as an accessory use on the same premises as a licensed food establishment (restaurant) that has indoor seating. To assure quality standards for customers and food safety, the following provisions shall apply:

[Amended 8-12-2013 by Ord. No. 2013-07; 10-23-2023 by Ord. No. 2023-06]

All outdoor dining areas shall be subject to compliance with all applicable health, building, accessibility, fire, and plumbing codes of Radnor Township.

Areas for outdoor dining shall not interfere with any means of ingress or egress to a building, or with any emergency or safety exits. Where the dining area extends into a public sidewalk or right-of-way, the following shall apply: A minimum sidewalk width, exclusive of the outdoor dining area, of 48 inches shall be maintained free and clear at all times for pedestrians (unless a greater width is required by the building and/or accessibility codes). Such area shall not include the outdoor dining area and shall be free of surface obstacles and obstructions (i.e., hydrants, streetlights, parking meters, and street trees.) (See Figure 13.[1])

Editor's Note: Figure 13 is included as an attachment to this chapter.

Pedestrian barriers. Outdoor dining areas may be enclosed and separated from the pedestrian or travel way to allow for the privacy of the dining patron and to permit the unimpeded flow of traffic. When the dining area is located within the interior of the property, enclosures may consist of a wall or fence, approved by the Township. The following minimum standards shall apply if the establishment chooses to use a barrier:

Pedestrian barriers shall have sufficient weight to prevent them from being tipped or knocked over.

If the pedestrian barrier is to be permanent, the method of attachment shall be subject to approval by the Township. No barrier shall be permanently attached to a public sidewalk or an area located within the right-of-way.

Pedestrian barriers shall be at least 36 inches high to prevent a tripping hazard; unless more restrictive requirements are required by other municipal codes.

Where pedestrian access to an outdoor dining area is not through a food establishment, the required opening shall not be less than 44 inches in width (see Figure 14[2]); unless a greater width is required by other municipal codes.

Editor's Note: Figure 14 is included as an attachment to this chapter.

(e)

Pedestrian barriers shall be made of a durable metal such as wrought iron. (See Figure 15.[3])

[3]

Editor's Note: Figure 15 is included as an attachment to this chapter.

(f)

Pedestrian barriers shall not have legs or supports that protrude into a sidewalk more than two inches.

(g)

Prohibited barriers.

Fabric inserts (whether natural or synthetic fabric) of any size shall not be permitted to be used as part of a barrier. (See Figure 16.[4])

[4]

Editor's Note: Figure 16 is included as an attachment to this chapter.

The use of chain link, cyclone fencing, chicken wire or similar appurtenances is prohibited. Materials not specifically manufactured for fencing or pedestrian control (including but not limited to buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc.) and not expressly permitted elsewhere in these guidelines shall not be used as components of a barrier.

[3]

Flower pots, planters, and other ornamental containers.

Furniture. To ensure outdoor dining in a quality environment, furniture shall be limited to the following materials, unless otherwise approved by the Design Review Board:

Iron, cast: low-carbon iron, hand- or machine-cast parts, stainless steel connectors, hand ground to a smooth finish.

Iron, wrought: heavy-gauge, low-carbon, welded and finished with a hard abrasive paint.

Steel, expanded: minimum of 13 gauge cold-rolled steel, low-carbon, welded and finished with a hard abrasive paint.

Steel, wire: 13/14 gauge cold-welded, smooth ground joints, and abrasive-resistant finish.

Aluminum, cast.

Aluminum, extruded.

Wood, frame.

Wood, wicker.

The use of upholstery and cushions shall be subject to review and approval of the Township's Code Officials and Health Officer.

(j)

The use of plastic furniture to satisfy the requirements of this subsection shall be prohibited. (See Figure 17.[5])

[5]

Editor's Note: Figure 17 is included as an attachment to this chapter.

(k)

The use of tarps or similar coverings to cover the furniture when not in use shall be prohibited.

Roof coverings. At the direction of the Township's Health Officer, all outdoor dining areas shall have an approved roof material available for patrons. The following shall apply:

No advertising on umbrellas shall be permitted. (See Figure 18.[6])

[6]

Editor's Note: Figure 18 is included as an attachment to this chapter.

Flame-resistant material shall be used.

If awnings are used, they shall be a minimum of six feet eight inches in height above the sidewalk or patio surface.

Tents shall not be permitted over an outdoor dining area.

Signs. No signs advertising outdoor dining shall be permitted, unless approved pursuant to Article XXI of this chapter.

Parking. In addition to the parking requirements for the principal restaurant use, outdoor dining shall provide additional parking in accordance with the following:

	Number of Outdoor Seats	Required Number of Parking Spaces
	1 to 12	None
	13 to 24	1 space per 4 seats after the first 12 seats
	25 to 50	1 space per 3 seats after the first 24 seats

The number of outdoor dining seats shall be limited to a maximum of 25% of the total number of indoor seats in the associated principal restaurant use. However, at no point shall more than 50 outdoor dining seats be provided at any one restaurant.

Outdoor dining shall be permitted between March 1 and November 30. Hours of operation shall be from 8:00 a.m. to 10:00 p.m. All seating of patrons shall provide for the dining area to close at the required hour.

Setbacks.

Outdoor dining shall be permitted in the front, side, and rear yards of the property upon which the principal restaurant is located.

No outdoor dining area shall be established within 100 feet of the property line of a single-family or two-family detached or semidetached dwelling unit located completely or partially within a residential zoning district.

No outdoor dining area shall be established within 100 feet of the property line of an unimproved lot located completely or partially within a residential zoning district.

Outdoor dining areas shall not be permitted to the rear or on either side of a principal restaurant building when said building is immediately adjacent to an existing single-family or two-family detached or semidetached dwelling unit or residentially zoned district. However, the outdoor dining area can be located to the rear or side of the principal restaurant building when the outdoor dining area is more than 500 feet from the property line of the immediately adjacent single-family or two-family detached or semidetached dwelling unit or residentially zoned district.

(e)

For the purposes of this Subsection A(10), the setbacks and requirements set forth in Subsection A(10)(b), (c), and (d) above shall not apply to any properties, dwelling units, or residential zoning districts separated from the accessory outdoor dining use by a public road.

(11)

Outdoor dining areas shall be located on a permanent surface. Temporary flooring shall not be used.

(12)

Exterior heating systems. When heaters are used in an outdoor dining area, the following shall apply:

The use of outdoor heaters shall be in compliance with the International Fire Code, as amended.

Heaters shall not be located on a public sidewalk or within a public right-of-way.

Heaters shall not be located closer than 10 feet to a means of ingress/egress into and/or out of a building or into and/or out of an outdoor dining area.

When heaters are located in outdoor dining areas, the owner/operator of the restaurant shall provide a plan for fire protection in accordance with applicable codes. Said plan shall be approved by the Township's Code Officials.

(e)

Where applicable, heaters shall be securely fastened to a wall or the floor of the outdoor dining area to prevent the heater from accidentally tipping over. Said fastening shall be subject to review and approval by the Township's Code Officials.

(f)

All gas-fired heaters shall be equipped with safety shutoff valves that stop gas flow if flame is extinguished as well as a tip-over safety switch.

(13)

Outdoor dining areas shall provide additional outdoor trash receptacles, which must meet the requirements of Subsection A(4) above.

(14)

The sale of alcoholic beverages shall be incidental to the sale and consumption of food. Outside bar service and/or walk-up bar service for the sole purpose of the consumption of alcohol without the consumption of food is prohibited.

(15)

Pets are not permitted in the outdoor dining area with the exceptions as identified in Chapter 170, Food Regulations (by reference) Section 46.982, Limitations on animals.

Outdoor dining shall be permitted within the PLO District as an accessory use on the same premises as and as part of one of the following licensed food establishments that has indoor seating:

[Amended 11-22-2021 by Ord. No. 2021-08; 10-23-2023 by Ord. No. 2023-06]

An accessory cafeteria, provided that the outdoor dining area is used exclusively by the occupants of the building or campus; and shall be subject to the provisions of § 280-115.4A.

A hotel with restaurant and/or banquet space; subject to the provisions of § 280-115.4A(1) through (6) and (10) through (15).

Existing nonconformities. Outdoor dining shall be permitted by special exception in all other zoning districts, as an accessory use on the same premises as an existing licensed nonconforming food establishment that has indoor seating and shall be subject to the provisions of § 280-115.4A.

[Amended 8-12-2013 by Ord. No. 2013-07; 10-23-2023 by Ord. No. 2023-06]

Storage of materials. At the conclusion of any outdoor dining season, all portable equipment (i.e., barriers, furniture, roof coverings, etc.) shall be stored within the facility in a location that does not interfere with the operation of the food establishment, or shall be stored off site.

Outdoor dining permit. To assure compliance with safety and food code standards of the Township, the following regulations shall govern the issuance of all outdoor dining permits:

Applications shall be filed on forms provided by the Township along with the required fees (as set forth in Chapter 162 of the Code or by separate resolution of the Board of Commissioners) and any information necessary to determine compliance with this section.

Applications shall be submitted to the Community Development Department for a preliminary review.

Once a preliminary review has been completed by the Community Development Department, the application shall be forwarded to the Design Review Board for an initial application for outdoor dining or when changes are proposed to the outdoor dining area. In addition to the application requirements established by the Design Review Board, the applicant shall provide samples of materials to determine compliance with this section.

Upon a successful review and approval by the Design Review Board, the application shall be reviewed by the Community Development Department for final approval to determine compliance with safety standards, the food code requirements set forth in Chapter 170 of the Township Code, and other applicable municipal regulations.

Upon final approval of an application, a permit shall be issued. Fees shall be paid upon the filing of an application and shall be renewed on an annual basis.

All locations shall be subject to periodic inspections for compliance with the standards of this section. Two or more violations of this section may result in a minimum seven-day suspension and/or revocation of all zoning, health, or building permits applicable to the outdoor dining use.

Noise. Outdoor dining shall be subject to Chapter 200, Noise. No amplified music or sound is permitted. All activities, including the playing of music or other forms of entertainment, shall comply with the noise limitations of the Township Ordinances and any other regulatory agencies having jurisdiction, as applicable.

Garrett Hill requirements. Within GH-CR District, all outdoor dining shall comply with the following provisions in addition to the requirements set forth above. Where a conflict occurs between the provisions below and the requirements above, the provisions below shall control:

[Added 10-23-2023 by Ord. No. 2023-06]

Outdoor dining shall be permitted between March 1 and November 30. Hours of operation shall be from 8:00 a.m. to 9:30 p.m. All seating of patrons shall provide for the dining area to close at the required hour.

The number of outdoor dining seats shall be limited to a maximum of 40% of the total number of permitted existing indoor seats for the food establishment.

The outdoor dining area shall be closed whenever the food establishment's kitchen is closed.

The setbacks and requirements of § 280-115.4A(10)(b), (c), and (d) shall not apply to properties in the GH-CR District. A fifty-foot setback, however, shall be required in the GH-CR District between the outdoor dining area and the property line of any adjacent single-family dwelling.

A ten-foot-wide planted and screened buffer shall be provided between the outdoor dining area and the property line of all adjacent properties. This buffer shall be continuous and located adjacent to the outdoor dining area. Where a setback is required, this buffer may be placed within the setback area.

Smoking or vaping shall be limited to a designated portion of the outdoor dining area.

While consumption of alcoholic drinks is allowed in outdoor dining areas, the sale of alcoholic beverages shall be incidental to the sale and consumption of food, and patrons in an outdoor dining area must predominately order and consume food. Outdoor patrons shall not be solely served alcoholic drinks or served alcoholic drinks with only snacks or small amounts of food.

No additional parking spaces are required for outdoor dining in the GH-CR District.

For each outdoor seat created in the GH-CR District by a food establishment, the number of permitted existing indoor seats for that food establishment shall be reduced by one seat while the outdoor dining area is open for the season.

Owners, operators (including agents and employees), and patrons of outdoor dining areas shall comply with the Township's Noise Ordinance (Chapter 200) and nuisance provisions.

§ 280-115.4.1 Hotel rooftop dining regulations.

[Added 11-22-2021 by Ord. No. 2021-08]

Hotel rooftop dining shall be permitted as an accessory use to a permitted principal hotel use when located on the same premises and within the same building as a hotel containing a licensed food establishment (restaurant) that has indoor seating, subject to § 280-103B(7) and the following regulations:

Hotel rooftop dining areas shall comply with all applicable federal, state, county, and Township laws, ordinances, and regulations, including, but not limited to, those governing health, safety, building accessibility, fire, and plumbing.

Hotel rooftop dining and any rooftop bar or beverage service shall be permitted from 8:00 a.m. to midnight. Seating of patrons shall end with sufficient time to provide service and close the rooftop dining area by midnight.

No hotel rooftop dining area shall be established within 100 feet of the property line of a residential zoning district. For purposes of this section (§ 280-115.4.1), "residential zoning district" shall mean the AC, R-1, R-1A, R-2, R-3, R-4, R-5, R-6 and PA Zoning Districts.

The hotel rooftop dining area shall not extend beyond the width and depth of the building upon which the principal hotel is located.

The number of hotel rooftop dining seats shall not exceed that allowed by applicable state and local health, accessibility, fire, and building codes.

Handicap access to the rooftop shall be from the interior space of the hotel building.

All lighting of the rooftop area shall comply with the lighting requirements in the Township Code of Ordinances. All lights associated with the hotel rooftop dining area other than lighting required for security purposes or by the Township Code of Ordinances must be turned off when the hotel rooftop dining area is not in use.

Outdoor heaters shall meet the following requirements:

The use of outdoor heaters shall be in compliance with the International Fire Code, as amended.

Heaters shall not be located closer than 10 feet from a means of ingress or egress to the roof.

Where possible, heaters shall be securely fastened to a wall or the floor of the hotel rooftop dining area to prevent the heater from tipping over.

All merchandise, goods, articles, furniture, or equipment shall be adequately secured to ensure safety to persons and property during times of inclement or hazardous weather conditions.

Hotel rooftop dining proposed as part of an existing legal nonconforming hotel shall be subject to the special exception requirements of § 280-101A(2).

Storage of materials. At the conclusion of any hotel rooftop dining season, all portable equipment shall be stored within the hotel building.

Hotel rooftop dining permit. To assure compliance with safety and food code standards of the Township, the following regulations shall govern the issuance of all hotel rooftop dining permits or proposed changes in hotel rooftop dining permits:

Applications shall be submitted to the Community Development Department for review to determine compliance with this article, safety standards, the food code requirements set forth in Chapter 170 of the Township Code, and other applicable municipal regulations.