Tinicum Township City Zoning Code
ARTICLE XX
General Regulations
§ 395-133 Purpose.
The purpose of this article is to set forth certain regulations and standards that are either common to all zoning districts or to more than one district.
§ 395-134 Overall requirements.
A.
No building or structure, or part thereof, shall hereafter be erected, constructed or altered and no new use or change of use shall be made of any building, structure or land or part thereof, except in conformity with the provisions of this chapter.
B.
Every principal building shall hereafter be built on a lot with frontage on a public or private street.
C.
No lot or premises shall hereafter be subdivided or reduced in area or size in any manner that violates this chapter, unless a variance has been obtained from the Zoning Hearing Board.
D.
It is the intent of this chapter to comply with the Year 2000 amendments to the Municipalities Planning Code, including Sections 603(f), 603(g), 603(h) and 603(i), which require that a zoning ordinance:
(1)
May not unreasonably restrict forestry activities.
(2)
Shall protect prime agricultural land and may promote the establishment of agricultural security areas.
(3)
Shall provide for the protection of natural and historic features and resources.
(4)
Shall encourage the continuity of development and viability of agricultural operations.
(5)
Shall provide for the reasonable development of minerals.
§ 395-135 Projections into required yards.
No principal building, or part thereof, shall be erected within, or shall project into, any required yard in any district, except for unenclosed porches, decks, one-story bay windows and eaves. Chimneys, balconies, fire escapes, cornices or steps and none of these, except unenclosed decks or similar projects, shall encroach more than 18 inches into any required yard. In residential districts, such unenclosed decks may extend not more than seven feet into required rear yards, provided that the edge of such decks is not less than 30 feet from the nearest adjacent dwelling. Unenclosed decks in residential districts may also extend into required side yards for not more than 18 inches, provided that the edge of such decks is not less than 20 feet from the nearest adjacent dwelling.
§ 395-136 Accessory uses and structures.
A.
Accessory structures shall, except where specifically stated otherwise in this chapter, be located only in the side or rear yards.
B.
In the case of corner lots, accessory structures shall not be placed closer to the side street than the principal building. However, fences and satellite antennas are exempted from this regulation.
D.
Except for fences, the minimum setback for accessory structures shall be three feet at both the side and rear lot lines, unless specifically stated otherwise in this chapter.
E.
Accessory structures shall not be used for human habitation.
F.
A private garage may be erected within a rear yard or side yard provided that the three-foot setbacks as noted in § 395-136A(4) above are maintained.
G.
Only one utility/storage shed shall be permitted on a lot.
H.
Sheds shall have a floor area not exceeding 200 square feet.
I.
Canopies will be permitted as a conditional use.
§ 395-137 Family-based child day-care homes.
Family-based child day-care homes shall be permitted as an accessory use only in the R-1, R-2 and R-3 Residential Districts, subject to the following requirements:
A.
There shall be a fence, at least four feet high, around all outdoor play areas.
B.
The appearance and exterior design of the facility shall be compatible with the surrounding dwellings.
C.
The facility shall display no sign which is inconsistent with the character of the neighborhood and shall be subject to Article XXIII relating to signs.
D.
Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.
E.
Each facility must have the appropriate certificates as required by the Pennsylvania Department of Public Welfare (DPW) that shall be prominently displayed in the main entrance of the facility. All day-care homes must meet all current DPW regulations and any applicable federal, state or local laws, ordinances and regulations, including building and fire safety codes.
F.
The operator of the facility shall allow the Township Code Enforcement Officer (CEO) to enter the property at reasonable times subject to twenty-four-hour notice, to inspect the facility for compliance with this section and other applicable ordinances or regulations.
§ 395-138 Private swimming pools.
A.
Private swimming pools shall be permitted in the rear yard. Such pools shall also be permitted inside yards provided they are not placed or located in the required side yard area and there remains a distance of at least 15 feet between such pool and the side property line.
B.
All swimming pools shall be located not less than 10 feet from the principal building on the lot. Pools in rear yards shall be located or placed not closer than 10 feet from any property line.
C.
For safety purposes, a fence of not less than six feet high must surround all swimming pools. However, the house or other building may serve as the safety barrier on one or more sides of the pool.
D.
All fences surrounding pools shall have a self-locking gate and shall be of a design and quality to adequately prevent unauthorized children or animals from entering the pool area.
E.
The drainage of a pool shall not be onto a neighboring property. For more detailed direction about drainage of pools, the Township shall be advised by the Township Engineer.
F.
No swimming pool shall be located under electric lines.
G.
Pool lighting fixtures shall be placed, directed, or shielded to protect neighboring properties from light or glare.
H.
A permit must be obtained from the CEO prior to the construction or placement of a swimming pool.
§ 395-139 Satellite antennas.
A.
Satellite antennas are permitted in all zoning districts.
B.
The maximum diameter of antennas in residential districts shall not exceed 24 inches.
C.
Satellite antennas shall be located, designed and screened to minimize the visual impact on the surrounding properties. Consideration should be given to placement of antennas serving nonresidential uses on existing structures.
D.
Where possible, wiring for antennas shall be underground.
E.
All satellite antennas shall be adequately grounded for protection against a direct strike of lightning.
F.
Where possible, roof-mounted antennas shall be located on the portion of the roof sloping away from the front of the lot.
G.
The installation of satellite antennas shall meet all other local, state or federal codes where possible.
§ 395-140 Community residence facilities, family-based.
Family based community residence facilities shall be permitted by right, only in the R-1, R-2 and R-3 Districts, in accordance with the requirements below:
A.
No facility shall be located within 450 feet of an existing facility.
B.
There shall be not more than two residents per bedroom, with a maximum of three residents per facility, not including staff.
C.
There must be a twenty-four-hour-a-day on-duty supervisor, who is qualified for the position.
E.
Any alterations or additions to the exterior of a community residence facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding safety modifications.
F.
Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies.
G.
All other applicable requirements of the zoning ordinance, building code, fire code, and all other applicable Township Codes and state regulations must be met.
H.
All community residence facilities will be available for reasonable periodic inspections by the CEO.
I.
The operator of the facility must register the facility with the CEO.
§ 395-141 Screening.
The following standards and regulations shall apply to all planted visual screens:
A.
Unless specifically stated otherwise, a planted visual screen, as defined in Article II, shall be provided and continually maintained under the following circumstances:
(1)
Where a nonresidential use, structure or addition is proposed on a lot adjacent to an existing residential use or a residential district.
(2)
Where a multifamily residential structure is proposed on a lot adjacent to an existing single- or two-family dwelling.
(3)
Where an airport-dependent use is proposed adjacent to or within 100 feet of any non-airport-dependent use, or residential district or use.
(4)
Any other instance where a planted visual screen is required by this chapter, by the Zoning Hearing Board (ZHB) or by other Township ordinances or codes.
B.
All mechanical equipment not enclosed in a structure shall be fully and completely screened in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan review by the Township.
C.
Screen design, including the type of plant material used, spacing of plant materials, the use and location of earthen berms and, when permitted, privacy fence design and construction, shall be subject to review by the Planning Commission.
D.
A privacy fence may be substituted for a planted visual screen, only when there is insufficient area to provide and maintain such a screen, where specifically permitted in this chapter, and upon a recommendation from the Planning Commission.
E.
Dumpsters and other outdoor trash receptacles, where permitted, shall be screened from adjacent properties and from public streets.
F.
Planted visual screens shall comply with the following requirements:
(1)
Except for the screening of outdoor trash receptacles, planted visual screens shall be placed inside and along the property lines of the lot owner providing the screen.
(2)
Screens shall include a row of evergreen species, which are indigenous to the area so as to provide a year-round visual screen.
(3)
Whenever possible, screening shall incorporate earthen mounds or berms to improve sound as well as visual buffering and shall be broken at points of vehicular or pedestrian access or where necessary for storm water drainage.
(4)
Plant materials used in the screen planting shall be at least six feet in height when planted and be of species which will produce within two years a complete, effective visual screen, and no plantings shall be placed with their center closer than five feet from any property line.
(5)
All existing trees within the area proposed to be covered by a required planted visual screen which are more than three inches in caliper and/or eight feet in height shall be preserved whenever possible.
(6)
Screening shall be placed so as not to obstruct sight distances at intersections.
(7)
A privacy fence must be constructed of opaque material and must comply with all other standards pertaining to fences as contained in this or other Township ordinances.
(8)
Screens shall be perpetually maintained during the period that the principal use causing the need for screening is in operation. Any plant material that does not survive shall be replaced within six months.
§ 395-142 Landscaping.
A.
General regulations.
(1)
Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with landscaping. Maximum advantage shall be taken of existing trees and shrubs in landscaping.
(2)
All landscaped planting areas shall be planted with grass seed, sod or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.
(3)
Unless otherwise specified, landscaped planting areas may be part of the required front, side and rear yards.
(4)
Except for single-family and two-family dwellings, proposed developments shall be landscaped according to an overall plan. Such plan shall be prepared and approved as part of the development plan. A replacement program for non-surviving plant material shall be included.
B.
Landscaping plans.
(1)
Landscaping shall be installed and maintained in accordance with a landscape plan prepared by a registered landscape architect and approved by the Township Commissioners. The landscape plan shall depict all proposed plantings which relate to, complement, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and other site features.
(2)
The landscaping plan shall be coordinated with the development plan and shall show the location, type, size, height and other characteristics of the proposed landscaping.
(3)
The plan shall be accompanied or shall include information regarding the continued maintenance of plantings indicating that all plantings will be replaced if damaged, diseased or dead, in locations shown on the approved plan.
C.
Specific requirements.
(1)
Except for single-family and two-family residential developments, no fewer than two evergreen and/or deciduous trees and no fewer than three shrubs shall be planted for every 25 feet of building frontage. Trees shall have a caliper of not less than three inches measured at a height of four feet at time of planting.
(2)
Landscaping shall be provided as required below in this section, in the case of new construction or expansion of a building:
Zoning District or Use | Landscaped Area Width Minimum Requirements |
|---|---|
C-1 District | Five feet, in front of principal building, along Governor Printz Boulevard |
C-2 District | Eight feet wide along each street frontage and five feet in front of and at one other side of principal building(s) |
C-3 District | Same for C-2 |
C-4 District | Five feet along each street frontage and five feet along the front of the principal building(s) |
I-B District | Same as C-4 |
H District | Five feet in front of office buildings |
IHCO District | Five feet in front of and along one other side of the principal building |
W-1 District | Three feet along two sides of the principal building for all development. In addition, eight feet along each frontage in PUD or shopping center developments |
W-2 District | Five feet along two sides of principal building |
Special Use District | Five feet along one side of principal building |
§ 395-143 Small collection facilities for recycling.
Small collection facilities for recycling, as defined in Article II, shall be permitted in the R-1 and R-2 Districts as accessory uses on public land only; and as accessory uses in the C-1, C-2, C-4, C-4A, I-B, W-1 and W-1A Districts.
A.
Small collection facilities for recycling shall be located not less than 15 feet from the right-of-way of the abutting public street.
B.
Trash and debris shall be cleaned up daily.
C.
The name and address of the person or company responsible for the facility shall be displayed on each container.
D.
Areas where these facilities are located shall be adequately lighted.
§ 395-144 No-impact home-based businesses.
No-impact home-based businesses shall be permitted as accessory uses in all residential districts and within residential uses in the C-1 and W-1 Districts.
A.
The business activity shall be compatible with the residential use of the property.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display of goods and no stockpiling of inventory.
D.
There shall be no sign or other outside appearance of a business.
E.
The business activity may not use any equipment or process that creates noise, vibration, glare, smoke, fumes, odors or electronic or electrical interference, including interference with radio, television or computer reception.
F.
The activity may not generate any solid waste or sewage discharge that is not normally associated with a residential use.
G.
The business activity may not occupy more than 25% of the floor area of the dwelling.
H.
The business may not involve any illegal activity.
§ 395-145 Extension district boundary into the Delaware River.
As shown on the Tinicum Township Zoning Map, the boundaries of any district that abuts the Delaware River shall extend 500 feet from the mean low water line into the river.
§ 395-146 Lighting.
A.
All lighting facilities for land developments and major subdivisions shall provide an illumination level utilizing the current recommended standards and practices of the Illuminating Engineering Society of North America (IESNA).
B.
Illumination where required by this section shall have the lighting intensities and uniformity ratios as provided in the most recent edition of the Lighting Handbook of the IESNA, and in accordance with the Pennsylvania Outdoor Lighting Standards.
C.
Lighting fixtures shall be of a type and design appropriate to the lighting application and sensitive to the architectural and overall character of the area in which they are located.
D.
For lighting horizontal surfaces such as roadways, pedestrian ways, bikeways, and parking areas, fixtures shall meet IESNA "full cutoff" criteria.
E.
Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent users, directly skyward or onto a roadway or pedestrian way.
F.
Fixtures shall not be mounted in excess of 25 feet high for parking lots and nonresidential uses and 15 feet for residential uses.
§ 395-147 Utilities underground.
After the effective date of this chapter, in all zoning districts developers/builders of new construction projects shall place all utilities underground.
§ 395-148 Aircraft prohibited.
In order to further strengthen the provisions prohibiting aircraft in several zoning districts, it is hereby declared that Tinicum Township prohibits the presence of airplanes and all other aircraft from the individual zoning districts as noted in this chapter.
§ 395-149 Communications antennas and communications equipment buildings.
A.
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
B.
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven feet in diameter.
D.
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure for review by the for compliance with the Tinicum Township's Building Code 25 and other applicable law.
F.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreement and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
G.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
H.
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Tinicum Township.
I.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
J.
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.