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Tinicum Township City Zoning Code

ARTICLE XV

W-1 Waterfront District

§ 395-91 District purposes.

A. 
The purposes of this district are to utilize the unique characteristics and opportunities of the Delaware River waterfront by providing for a variety of water-dependent and water-related uses and by limiting the size and scope of development. District provisions are also designed to preserve and encourage the historical, cultural, recreational, environmental and tourist-related features and potential of the district; to provide for public access to the river and preserve scenic river views; and to protect the stability, town character and quality of life in adjoining residential neighborhoods. Standards are provided to assure well-balanced development that is limited in scope and intended to limit impacts such as those of traffic, noise, glare, and parking, to preserve waterfront character, natural features and protect adjoining neighborhoods.
B. 
It is also intended that gambling activities shall not be permitted in this district.

§ 395-92 Uses permitted by right.

A building may be constructed, altered or used, and a lot or premises may be used for only one or more of the following uses:
A. 
Waterfront retail store or shop, waterfront restaurant and/or bar as defined in Article II.
B. 
Personal service shop.
C. 
Service, sales, repair, and storage of boats, yachts, and marine equipment.
D. 
Ferry or similar marine transport facility, not exceeding a capacity of 30 passengers.
E. 
Marina, yacht club and seaplane base.
F. 
Museum.
G. 
Park or recreation area.
H. 
Single-family detached dwellings, subject to provisions of § 395-97A, except that building height shall not exceed 35 feet.
I. 
Buildings may be arranged in attached or detached fashion on individual lots or as a shopping center or planned unit development (PUD).

§ 395-93 Uses permitted by special exception.

The following uses shall be permitted by special exception only, subject to Articles XXI and XXVI.
A. 
Marine wholesale.
B. 
Bed-and-breakfast inn, subject to § 395-151M.

§ 395-94 Conditional uses.

The following uses shall be permitted only by conditional use permit, subject to Article XXI.
A. 
Fabrication of marine products.
B. 
Office building, subject to § 395-151L.
C. 
Hotel, subject to § 395-152K.
D. 
Townhouse, subject to § 395-152N.
E. 
Apartment building, subject to § 395-152O.

§ 395-95 Accessory uses and structures.

A. 
All accessory uses and structures permitted in § 395-17 of the R-1 District and § 395-37 of the C-1 District.
B. 
Trash dumpsters and other trash receptacles provided that they are screened from the principal dwelling on the lot and from public streets by an opaque fence or planted visual screen, which shall be not less than six feet high.
C. 
Offices, incidental to permitted uses.
D. 
Piers, floats, docks, pilings or similar structures.
E. 
Any accessory use on the same lot with and customarily incidental to the principal building or use and not detrimental to the neighborhood.

§ 395-96 Special development regulations.

A. 
Public access.
(1) 
Public access to the water, as defined in Article II, may be provided by a property owner or developer of waterfront property. Where provided, such access shall be via a walkway to the Delaware River.
(2) 
Such access shall be in form of a pathway intended primarily for pedestrians but with capacity to accommodate bicycles.
(3) 
Such walkway shall be not less than six feet wide.
(4) 
Maintenance of the walkway shall be the responsibility of either the owner/developer or may be dedicated to the Township. In order for the Township to accept dedication, the walkway must comply with local standards for such walkways. The Township shall establish such standards in accordance with the recommendations of the Township Engineer.
B. 
Bonuses for providing public access.
(1) 
Owners or developers of commercial uses who provide public access as per § 395-96A above, shall be permitted an increase in impervious surface of 10% over that permitted in § 395-97A or B below, of which impervious surface 50% may be devoted in building coverage.
(2) 
Owners or developers of townhouses who provide public accessways to the Delaware River shall be permitted an increase in density from the maximum of 10 units per acre required in Section 21[1] to 12 units per acre.
[1]
Editor's Note: So in original.
C. 
Bonuses for reuse of historic resources. Owners or developers of historic properties and buildings that are on the National Register of Historic Places, or have been determined to be eligible for National Register status, who reuse these buildings or properties with uses permitted in §§ 395-92, 395-93 or 395-94 shall be permitted either a five-percent increase in density or an increase in impervious surface/building coverage as noted in § 395-96B(1), whichever is the more appropriate bonus. The Township Planning Commission, upon consultation with the Township Engineer, shall determine which bonus shall be permitted.
D. 
Views.
(1) 
The Township shall identify view corridors in waterfront districts.
(2) 
In cases where proposed structures would obstruct defined view corridors, the owner or applicant shall modify the size, location, height or other features of such proposed structures to prevent or mitigate the creation of a potential obstruction in view corridors.
(3) 
Where an alternate location on a lot is possible, parking shall not be placed in view corridors.
(4) 
Where an alternate location on a lot is possible, structures shall not be placed at the riverfront terminus of public streets.
E. 
Extension of districts. As shown on the Tinicum Township Zoning Map, the boundaries of this district, and every other district that abuts the Delaware River, shall extend 500 feet from the mean low water line into the River.

§ 395-97 Area and bulk regulations.

Unless noted otherwise, the following shall be minimum requirements:
A. 
Individual lots.
(1) 
Lot area: 10,000 square feet.
(2) 
Lot width: 75 feet.
(3) 
Front yard: depth shall be equal to the predominant front yards of existing buildings on the same block. Where there are no existing buildings within 100 feet of the proposed building, such proposed building shall have a front yard of not less than five feet or more than 15 feet.
(4) 
Side yard: 15 feet on each side of the principal building or group of attached buildings.
(5) 
Rear yard: 40 feet.
(6) 
Setback from mean high water mark: 40 feet.
(7) 
Building coverage: 35%, maximum.
(8) 
Impervious surface: 55%, maximum.
(9) 
Landscaped area: 40%.
(10) 
Building height: 50 feet, maximum.
(11) 
Building width and the length and width of proposed buildings shall not exceed 100 feet in either dimension (length and width), in order to comply with the size and scope limitation as set forth in § 395-91.
B. 
PUD/shopping center development. Several buildings may be constructed on a tract. Unless noted otherwise, the following shall be minimum requirements:
(1) 
Tract area: 1.5 acres.
(2) 
Distance between buildings: 30 feet.
(3) 
Distance from exterior road: 50 feet.
(4) 
Distance from parking area: 20 feet.
(5) 
Distance from property lines and mean high water mark: 40 feet.
(6) 
Building coverage: 30%, maximum.
(7) 
Impervious surface: 55%, maximum.
(8) 
Landscaped area: 45%.
(9) 
Building height: 50 feet, maximum.
(10) 
Building dimensions, the length and width of proposed buildings or buildings with proposed addition shall not exceed 100 feet in either dimension, in order to comply with the size and scope limitation as set forth in § 395-91.