Upper Darby Township
City Zoning Code

Ensure that the placement, construction or modification of wireless telecommunications facilities is consistent with the Township's land use policies.

Ensure access to reliable wireless communications services throughout all areas of the Township.

Encourage the use of existing monopoles, towers, utility poles and other structures for the co-location of wireless telecommunications facilities.

Minimize the number of new support structures that would otherwise need to be constructed by providing incentives for the use of existing structures.

Encourage the location of support structures, to the extent possible, in areas where the adverse impact on the community will be minimal.

Minimize the potential adverse effects associated with the construction of support structures through the implementation of reasonable design, landscaping and construction practices.

Ensure public health, safety, welfare, and convenience.

Conform to federal and state laws that allow certain antenna(s) to be exempt from local regulations.

Preserve the UDT Telecommunications Commission and its applicable ordinances and resolutions, specifically Ordinance No. 2853 (An Ordinance Creating a Telecommunications Commission and Granting to it Certain Powers Concerning Cable and Wireless Telecommunication Facilities); Ordinance No. 2865 (An Ordinance Granting to the Telecommunications Commission Certain Additional Powers Concerning Telecommunications Facilities); Resolution No. 48-97 (A resolution of the Upper Darby Township, Delaware County, Pennsylvania, amending Resolution No. 83-89, as amended, to add Section 26 Establishing Fees for Review by the Telecommunications Commission of applications for wireless telecommunications towers and antennas); however, Ordinance No. 2866 is repealed by the adoption of this chapter, and the reference to "Ordinance 2866" contained in Ordinance No. 2865 is hereby replaced and amended to read "§ 550-38, Wireless telecommunications facilities, of the Township Zoning Ordinance."

Preexisting wireless telecommunications facilities shall not be required to meet the requirements of this section, but shall be required to meet all local, state and federal requirements as established by the FAA, the FCC, and the Upper Darby Township Building Code.

All new wireless telecommunications facilities, including new support structures and antenna(s) on existing support structures, shall be permitted per Article III, Table of Permitted Uses.[1]

Facilities shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternative and design chosen must cause the least disturbance to the surrounding views.

No signs shall be allowed on a wireless telecommunications facility, except as required by law.

Support structures shall not exceed 150 feet in height measured from undisturbed ground level.

New support structures must be set back a distance equal to at least twice the applicable setback requirements, but in no case less than 50 feet from any adjoining lot line. An equipment building, shelter or cabinet must not exceed 500 square feet in area and 12 feet in height, including the support structure for the equipment building.

Landscaping.

Antenna(s) and accessory equipment may exceed the maximum building height requirements of the underlying zoning district but shall not extend more than 10 feet above the existing support structure upon which it is attached.

Equipment storage. The equipment cabinet or structure used in association with legally-placed antenna(s) mounted on rooftops shall comply § 550-38C(2)(c).

Support structures that are constructed and antenna(s) that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

Preexisting support structures shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new structure of like construction and height) shall be permitted on such preexisting support structures. New construction other than routine maintenance on a preexisting support structure shall comply with the requirements of this chapter.

Notwithstanding § 550-38G, preexisting nonconforming facilities that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special exception. The type, height, and location of the facility on-site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained with 180 days from the date the facility is first damaged or destroyed. If no permit is obtained or if said permit expires, the facility shall be deemed abandoned as specified in § 550-38G.

Fences shall not be constructed, erected and/or maintained in the front yard of any lot, tract or parcel of land located in an R-C, R-C-1, R-1 or R-2 Residence District. However, if within an R-C, R-C-1, R-1 or R-2 Residence District the lot is a corner lot which abuts on more than one street, a fence, with a maximum height of six feet, may be erected in any front yard which does not abut the street which is designated by the United States Postal Service as the address of the lot. The postal address shall not be changed to circumvent this requirement. Only one side of a corner lot may be considered as the front yard. Such fence shall not extend beyond the front building wall of the structure facing the street of address.

The provisions of § 550-39B(1) above shall not apply to properties owned by any public or private school for academic instruction, government agencies, or public transportation authorities.

Fences shall not extend into the street right-of-way and shall be located at least 1.0 foot from the right-of-way line.

No fence may be constructed, erected and/or maintained so that traffic from intersecting streets, driveways or alleys will be obscured from view, thereby endangering the public health, safety and welfare.

Swimming pools, both public and private, shall be surrounded by a fence as regulated by the currently adopted version of the International Property Maintenance Code.

Fences are prohibited from dividing a shared driveway.

In the R-3 District, rear yard fences must be no closer than three feet from a shared driveway.

The maximum height of fences on any lot, tract or parcel of land in the Township shall be six feet above grade, deck, patio or terrace.

The maximum height of all front yard fences located on properties in R-3 Residence Districts shall be four feet.

Front yard fences are prohibited from being located directly above retaining walls and must be set back no less than six inches.

Retaining walls under four feet in height will require a fence permit and not a building permit. Retaining walls over four feet in height will require a building permit.

For fences located in the front yard of any lot, tract or parcel of land in the Township or along a property line that faces a public street, fences shall be open to the extent necessary to ensure that the address of the structure is not obscured, unless the address is placed in a location on the side of the fence facing the public right-of-way or is posted in some other manner in the area outside the fence so as to be clearly visible from the street.

No fence may be constructed, erected and/or maintained which contains barbed wire, metal spikes, razor ribbon, or other dangerous materials.

Nonresidential fences, landscape walls and decorative posts may be constructed of wood, stone, brick, concrete, wrought iron, chain-link and wire mesh.

Residential fences, landscape walls and decorative posts may be constructed of wood, stone, brick, vinyl and wrought iron unless otherwise noted in this chapter.

Any fence erected which is made of a metal fabric or which is partially made of any metal fabric shall be galvanized or otherwise treated to prevent the formation of rust, and the metal used in the fabric shall be at least 11 gauge or heavier, unless it is subject to the provisions regarding the gauge of metal fences around pools.

Chain-link fences are only allowed in rear and side yards with the exception of R-3 and R-4 Zones.

Front yard hedges must be maintained and should be set back no less than one foot from the pedestrian right-of-way. Corner lots are considered to have two front yards, and therefore each front yard hedge must be set back no less than one foot from the pedestrian right-of-way.

Electrified fencing is hereby prohibited.

The finished side of the fence, or side without posts, should be facing away from the dwelling or building.

Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction and during special events, is permitted for up to 60 consecutive days.

Nonconforming fences may be repaired or replaced as long as the degree of nonconformity is not increased.

All fences shall be maintained in a sturdy and good condition. Fences which become loose, rusted or rotted, whether in whole or in part, shall be repaired, replaced or removed.

"Good condition" includes removal of deteriorating or rusting pieces, painting, removal of dangerous protrusions, and any other conditions deemed dangerous to the Zoning Officer.

Any property owner or tenant desiring to erect a fence or maintain a fence which does not conform to the provisions of this chapter may apply for a variance from the Zoning Hearing Board of the Borough.

All requests for a variance shall be according to the procedures and governing provisions of the Zoning Code and PA MPC.

Intent. It is recognized that a certain increased expenditure of time and money by the Township is necessitated in carrying out the above duties, and the Township desires to recover such costs by changing license and permit fees to applicants to recover administrative expenses only.

A fence permit is required for the erection and construction of any new fence as well as the replacement of an existing fence.

The application fee is determined at $40 plus an additional $20 per each $1,000 of cost of the work or fraction thereof.

Accessory structures shall not be constructed in the required front yard or closer to any side or rear lot line than permitted by the Building Code, with the following exception:

No accessory building shall be constructed within three feet of the main or primary building.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

Non-impact home occupations shall meet the parking requirements for commercial motor vehicles in § 550-33B(1) and (2) herein.

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.

An in-home child-care facility shall be permitted only within a single-family dwelling and shall be operated by the permanent resident of the dwelling unit.

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

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

Commercial signs or displays which identify an in-home child-care facility shall be prohibited.

The lot upon which the group living quarters is situated shall meet the minimum area requirements established in the zoning district regulations for the zoning district in which the use is to be located. The group living quarters shall not be located in an accessory building or unit. Additionally, and in order to integrate group living quarters into a neighborhood and create a deinstitutionalized setting for the residents of group living quarters, no group living quarters may be located within 500 feet of another group living quarters as measured from the property line.

Residents of a group living quarters shall maintain a single household unit with shared use of living areas, eating areas, bathrooms, and food preparation and serving areas, and shall share mealtimes and housekeeping responsibilities.

Accommodations in a group living quarters shall be provided for no more than the maximum number of occupants or residents as permitted by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. Applications for group living quarters shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

Applicants for group living quarters shall indicate the type of care, counseling, or treatment to be provided at the site to the extent permitted by law. In each instance, medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.

Evidence shall be provided with the application for a group living quarters indicating that all applicable federal, state and/or county certification and licensing requirements have been met for the particular type of care provided.

Sewage disposal and water supply facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community Sewer and Water Boards or Authorities.

Arrangements for the collection, storage, and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.

Notwithstanding any provisions of the Upper Darby Township Building Code, the group living quarters shall have the following installed throughout the building and any attached accessory building(s):

The group living quarters must comply with the Upper Darby Township Building Code and an applicant seeking group living quarters use shall provide with its application evidence that the building(s) size and layout is in compliance with the applicable building codes for maximum number of individuals intended to be housed in the building(s). To satisfy this requirement, the Zoning Officer may request that an applicant provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the group living quarters will not be overcrowded.

Off-street parking must be adequate to accommodate the needs of the residents and staff. At a minimum, the group living quarters must meet the minimum parking requirements for the district in which it is located.

The group living quarters will not alter the essential character of the neighborhood or district in which it is located.

To the extent not already addressed above, the property, including all buildings located thereon, must be in compliance with all applicable federal, state and local laws, including but not limited to, the Pennsylvania Uniform Construction Code and the Upper Darby Property Maintenance Code.

The group living quarters shall register with the Township, in writing, the following: its location, the individual(s) responsible for the facility, general type of treatment/care, maximum number of residents and sponsoring agency, and shall advise the Township in writing if any of the original information provided has changed within five business days of said change.

Any other registration of group living quarters residents with any state and/or county agency for emergency preparation purposes and to the extent permitted by law shall also be provided to the Township including any updates in accordance with the applicable state and/or county regulations.

Cornices, projecting eaves, gutters, pier or pilaster of a building may project not more than 18 inches into a required yard. A chimney may project up to 24 inches into a rear yard or into a side yard. Bay windows may project a maximum of 36 inches into a required yard.

Open, unenclosed fire escapes and steps may project not more than three feet into a required rear or side yard.

Central and window-type air-conditioning units may project up to four feet into a required side or rear yard, provided that ground-mounted central units are appropriately screened from adjoining properties. Air-conditioning units must conform to Chapter 373, Noise, of this Code.

Open or covered porches, patios and decks may project into a front yard or rear yard, subject to the standards set forth in § 550-44C below.

Standards for open or covered patio, deck or porch:

Standards for enclosed porches:

Standards for open decks (with or without a roof) or additions on an existing nonconforming structure. Open decks (with or without a roof) or additions into the rear yard in line with an existing nonconforming structure shall not be closer than three feet to the side property line and all stairs which are part of an open deck shall also not be closer than three feet to the side property line. In addition to the side yard requirements set out above, all rear additions must still meet the area and bulk standards for each zoning district.

Standards for projections into side yards. Open decks are permitted to project a maximum of 15 feet into the side yard but shall not be closer than four feet to the property line, easement, common driveway or right-of-way and all stairs, platforms or steps which are part of an open deck shall also not be closer than four feet to the property line.

Standards for private garages and greenhouses. Private garages and greenhouses may be constructed in side and rear yards within three feet of the property lines and in compliance with the fire rating as required by the Upper Darby Township Building Code. Garages in R-3 Districts that were originally built on the property line and are being reconstructed may be rebuilt on the same property line.

Standards for stairs, fences or obstructions. All stairs, fences or obstructions must be at least four feet from a common driveway located in a nonresidence district. Existing nonconforming stairs, fences or obstructions may not be replaced within four feet of a common driveway located in a nonresidence district. All stairs, fences or obstructions in a common driveway located in a residence district must be built in such a way so as to not interfere with any emergency, sanitation and private vehicular traffic in the common driveway.

Standards for freestanding decks and patios. Freestanding decks and patios may be located in the rear yard only and must be set back at least 10 feet from the side or rear property line.

The average lot area of all lots is equal to or greater than the minimum required lot area.

No lot is less than 90% of the minimum required lot area.

All lots are less than two times the minimum required lot area.

There is no reduction of the frontage, setback, side yard, rear yard, lot width or off-street parking requirements.

Lot coverage does not exceed that permitted for the average lot area.

For those portions of Upper Darby Township situate south of Baltimore Pike: 1,400 feet.

For those portions of Upper Darby Township situate north of Baltimore Pike: 2,000 feet.

Off-street retail sales are permitted by right in the following locations, subject to the standards established in this section:

All applicants for an off-street retail sales use must provide a reference sketch plan of the site drawn accurately to scale indicating thereon the exact sales location on the site which is to be used, its relationship to the other businesses, structures, streets, sidewalks already existing at the site, and the proposed lighting, if nighttime operation is planned.

Parking for off-street retail sales shall comply with the requirements of § 550-33A of this chapter. In addition, such use shall not interfere with adequate access to the required off-street parking spaces, traffic flow, or egress and/or ingress to the site being so used.

Off-street retail sales businesses may not be located in any public right-of-way and must be set back at least five feet from the inside of the sidewalk or the edge of cartway, whichever is greater.

No area used for the outside storage or display of merchandise shall be located within 25 feet from the edge of cartway or within 10 feet from the edge of cartway for corner properties.

No area for required off-street parking may be used for outside storage or display of merchandise.

The sale of food items is subject to applicable regulations of the Pennsylvania Department of Health.

Temporary off-street retail sales are to occur no more than one day per week and not more than 15 times per calendar year.

Sales of holiday items, such as cut trees, pumpkins and cut flowers, may be displayed for up to 30 days preceding and including the holiday but must be removed the day immediately following the holiday.

All structures, lots, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter or amendment thereto shall be regarded as nonconforming and may be continued so long as they remain otherwise lawful, including subsequent sales of property.

Legal nonconforming structures may continue to be occupied but may not be expanded unless all additions conform with the requirements of this chapter.

A nonconforming structure of which more than 50% of the floor and roof area is destroyed or a nonconforming structure which has been legally condemned may be rebuilt only if permitted as a special exception and subject to the following conditions:

The remains of a nonconforming structure of which more than 50% of the floor and roof area is destroyed must be removed from the site within six months.

A legal nonconforming use of a structure or land may continue, and the sale or transfer of ownership of the use, structure or land shall not affect this right.

A nonconforming use of a structure or land may be changed to a conforming use or to a use of a more restricted classification in accordance with § 550-48C(4) and (5). Whenever a nonconforming use of a structure or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification. This does not, however, prevent the change in ownership of a nonconforming use.

Should a nonconforming use cease operation for a period of 12 consecutive months, said use shall be considered abandoned and all rights arising from the nonconforming status shall be considered voided, unless the property owner shall provide to the Zoning Officer (or, if on appeal, then to the Zoning Hearing Board) a preponderance of evidence demonstrating that the owner has not abandoned the nonconforming use status.

A change in use to a more restrictive commercial classification may occur between the following groups: C-4, C-3, C-2, C-1, with C-1 being the most restrictive classification.

A change in use to a more restrictive residential classification may occur between the following groups: R-4, R-3, R-2, R-1, R-C-1, R-C, with R-C being the most restrictive classification.

A structure may be constructed on any vacant lot which was lawful when created and was in separate ownership duly recorded by plan or deed, provided that the structure is in compliance with the bulk standards of this chapter.

Any existing structure on a nonconforming lot may be altered or have structures added to it on the lot as long as the following conditions are met:

A ten-foot-wide buffer planting strip shall be provided at sides and rear wherever a nonresidential use adjoins a residential district.

If the ten-foot buffer strip required in § 550-49B(1) above cannot be accommodated because a small lot size or irregular lot shape inhibits compliance with area, bulk and parking requirements, the buffer strip may be reduced by special exception approval and subject to the following conditions:

Whenever required vegetation fails to survive, it shall be replaced.

There shall be a grassed or planted area at least two feet wide between a property line and a paved private driveway or parking area, except for attached and semidetached dwellings located in R-3 Districts.

There will be a buffer planting strip at least four feet wide between a common driveway or parking area for more than two dwelling units and the property line of adjoining R-C, R-1 or R-2 District.

There will be a grassed or planted area at least four feet wide between the side of a common driveway and property line except in the case when the driveway is common to properties on both sides of the property line, in which case the driveway may extend over the property line.

Parking area buffers and interior landscaping shall be provided in accordance with Article VIII, § 550-33D(19) and (20) herein.

The lot upon which the sober living home or institutional residence is situated shall meet the minimum area requirements established in the zoning district regulations for the zoning district in which the use is to be located. The sober living home shall not be located in an accessory building. Additionally, and in order to integrate a sober living home into a neighborhood and create a deinstitutionalized setting for the residents of a sober living home, no sober living home may be located within 500 feet of another sober living home as measured from the property line of each property.

Residents of a sober living home shall maintain a single household unit with shared use of living areas, eating areas, bathrooms, and food preparation and serving areas, and shall share mealtimes and housekeeping responsibilities.

Accommodations in a sober living home shall be provided for no more than the maximum number of occupants or residents as permitted by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. Applications for a sober living home shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

Registration with the Commonwealth and compliance with all regulations for licensure or certification as promulgated by the Department of Drug and Alcohol Programs in accordance with 71 P.S. § 613.13, as amended, or such other commonwealth agency or department as authorized by law. In the event that the sober living home is not registered and is not required to be licensed or certified by the Commonwealth, then the sober living home shall provide either: 1) documentation that it would comply if subject to licensure and certification, or 2) documentation that the sober living home is a member in good standing and in compliance with all rules and/or regulations of a recognized countywide, statewide, or nationwide Association of Recovery Homes or equivalent professional accrediting organization. Additionally, and annually thereafter, each operator must provide similar proof of Commonwealth registration and compliance or continued status as a member in good standing and in compliance with all the rules and/or regulations of a recognized county, state or national professional association.

Proof that the sober living home has policies, procedures and regulations that substantially address the following:

If permitted by law, supervisory, counseling, and medical services may be provided but only to those individuals residing in the sober living home, and no outpatient services shall be provided to individuals who are not residents of the sober living home. All occupants, other than a house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous, and the sober living home must maintain current records of meeting attendance for all residents.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community Sewer and Water Boards or Authorities.

Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.

Notwithstanding any provisions of the Upper Darby Township Building Code to the contrary, a sober living home shall have the following installed throughout the building and any attached accessory building(s):

A sober living home must comply with the Upper Darby Township Building Code and an applicant seeking a sober living home use shall provide with its application evidence that the building(s) size and layout is in compliance with the applicable building codes for maximum number of individuals intended to be housed in the building(s). To satisfy this requirement, the Zoning Officer may request that an applicant provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the sober living home will not be overcrowded.

Off-street parking must be adequate to accommodate the needs of the residents and staff of the sober living home. At a minimum, a sober living home must meet the minimum requirements for the district in which it is located.

A sober living home will not alter the essential character of the neighborhood or district in which it is located.

To the extent not already addressed above, the property, including all buildings located thereon, must be in compliance with all applicable federal, state and local laws, including but not limited to, the Pennsylvania Uniform Construction Code, the International Fire Code and the International Fuel Gas Code as may be adopted and in effect by the Township, and as may be amended from time to time.

A sober living home shall register with the Township, in writing, the following: its location, general type of treatment/care, maximum number of residents and sponsoring agency.

Any other registration of sober living home residents with any state and/or county agency for emergency preparation purposes and to the extent permitted by law shall also be provided to the Township including any updates in accordance with the applicable state and/or county regulations.

If required by state or federal law, all caretakers, administrators, and staff of a sober living home must be duly licensed and/or certified by the Department of Public Welfare, Department of Health, and/or other federal, state or county agency, as may be required for the particular type of care provided and the nature of the employee's responsibilities. Additionally, and to the extent required by state or federal law, every employee of the sober living home must have valid criminal background clearances, licensure, and/or certification with the issuing agency or agencies while employed by the sober living home.

If licenses, certification or clearances are required by state or federal law, then the owner, operator, or agent of a sober living home shall provide the Township with a register of all employees and furnish proof of all required licenses, certifications, and criminal background clearances for each employee prior to commencing operation in the Township. Thereafter, an updated register and proof of licensure, certifications, and criminal background clearances shall be provided on at least an annual basis.

If licenses, certification, or clearances are required by state or federal law for every new person employed by a sober living home, the name of the employee, along with proof of all required licenses, certifications, and criminal background clearances, shall be submitted to the Township prior to the commencement of the employment.