Upper Darby Township
City Zoning Code
City Zoning Code
ARTICLE VII
Overlay Zoning Districts
§ 550-27 Intent.
A.
It is the intent of this article to provide for the establishment of overlay districts which will provide options for meeting the demand for innovative land uses and development practices and incorporating protections for environmentally sensitive lands while maintaining the integrity of the base zoning regulations established by the Township. The following overlay zoning districts are hereby established by the Township:
B.
Where a lot is located within any overlay zoning district with the exception of the Riparian Corridor Overlay District, the owner of the property shall have the option to follow and comply with either the base zoning district regulations or the overlay zoning district regulations, but must adhere to the full set of applicable regulations, either base or overlay. With regard to the Riparian Corridor Overlay District, the owner of the lot must comply with both the base zoning district regulations and the Riparian Corridor Overlay District Regulations.
§ 550-28 Residential-Office Overlay District.
A.
Applicability and intent.
(1)
The intent of the Residential-Office Overlay District is to permit by special exception the conversion to office use of residential dwellings which are located within single-family residential zoning districts but which, because of proximity to the densely developed and commercially active central business district, do not lend themselves exclusively to residential use as the highest and best use. The use regulations and development standards established in this district are intended to minimize the impact of office use upon the residential neighborhoods, thereby recognizing the legitimate property interests of owners of properties and preventing abandonment and associated potential deleterious effects on surrounding neighborhoods.
(2)
All regulations within the Residential-Office Overlay District shall apply only to those uses listed in § 550-28B of this article. All other uses shall be controlled by the pertinent regulations within the underlying existing zoning districts. Where the regulations of the Residential-Office Overlay District conflict with other articles in this chapter, the requirements within this district shall prevail.
B.
Use regulations. The following uses shall be permitted by special exception: Professional offices for medical professionals, lawyers, architects, engineers, insurance sales, real estate services, travel services, and other professions considered appropriate for the surrounding neighborhood.
C.
Development standards. The development standards for the underlying zoning district shall apply.
D.
Special exception use standards.
(1)
The professional office uses as defined in § 550-28B shall be permitted only as a conversion to an existing residential dwelling. Demolition and replacement of the residential dwelling with said uses, expansion of an existing residential dwelling to accommodate said uses, or new construction of said uses on a vacant parcel or as a separate structure on the same parcel shall not be permitted.
(2)
Goods for sale shall not be publicly displayed on the premises.
(3)
No more than four employees shall work within the professional office. The Zoning Hearing Board may authorize additional employees upon the request of the applicant and a satisfactory showing of need for additional employees.
(4)
The professional office shall be restricted to the conduct of business only during the hours of 8:00 a.m. to 6:00 p.m. The Zoning Hearing Board may authorize an extension of operating hours upon the request of the applicant and a satisfactory showing of need for the extension.
E.
Special exception review criteria. In addition to the general criteria for review specified in § 550-54J of this chapter, the following criteria for special exception uses shall apply when determining approval or disapproval of a special exception permit:
(1)
Whether the use will generate such amount of vehicular traffic as to be detrimental to the peace and quiet of the adjacent residential area.
(2)
Whether the traffic expected to be generated by the proposed use will result in noise or air pollution, glare to a degree detrimental to the adjacent residential area.
(3)
Whether the proposed use will require servicing or delivery of supplies by trucks having more than two axles.
F.
Parking. Off-street parking facilities for the office uses defined in § 55-28B shall not be required.
§ 550-29 Corridor Residential-Office Overlay District.
A.
Applicability and intent.
(1)
The intent of the Corridor Residential-Office Overlay District is to permit by special exception the conversion to office use of residential dwellings which are located within single-family residential zoning districts but which, because of exposure to heavily traveled streets, do not lend themselves exclusively to residential use as the highest and best use. The use regulations and development standards established in this district are intended to minimize the impact of office use upon the residential neighborhoods, thereby recognizing the legitimate property interests of owners of properties and preventing abandonment and associated potential deleterious effects on surrounding neighborhoods.
(2)
All regulations within the Corridor Residential-Office Overlay District shall apply only to those uses listed in § 550-29B of this article. All other uses shall be controlled by the pertinent regulations within the underlying existing zoning districts. Where the regulations of the Corridor Residential-Office Overlay District conflict with other articles in this chapter, the requirements within this district shall prevail.
B.
Use regulations. The following uses shall be permitted by special exception: Professional offices for medical professionals, lawyers, architects, engineers, insurance sales, real estate services, travel services, and other professions considered appropriate for the surrounding neighborhood.
C.
Development standards. The development standards for the underlying zoning district shall apply.
D.
Special exception use standards.
(1)
The professional office uses as defined in § 550-29B shall be permitted only as a conversion to an existing residential dwelling. Demolition and replacement of the residential dwelling with said uses, expansion of an existing residential dwelling to accommodate said uses, or new construction of said uses on a vacant parcel or as a separate structure on the same parcel shall not be permitted.
(2)
Goods for sale shall not be publicly displayed on the premises.
(3)
No more than four employees shall work within the professional office. The Zoning Hearing Board may authorize additional employees upon the request of the applicant and a satisfactory showing of need for additional employees.
(4)
The professional office shall be restricted to the conduct of business only during the hours of 8:00 a.m. to 6:00 p.m. The Zoning Hearing Board may authorize an extension of operating hours upon the request of the applicant and a satisfactory showing of need for the extension.
E.
Special exception review criteria. In addition to the general criteria for review specified in § 550-54J of this chapter, the following criteria for special exception uses shall apply when determining approval or disapproval of a special exception permit:
(1)
Whether the use will generate such amount of vehicular traffic as to be detrimental to the peace and quiet of the adjacent residential area.
(2)
Whether the traffic expected to be generated by the proposed use will result in noise or air pollution, glare to a degree detrimental to the adjacent residential area.
(3)
Whether the proposed use will require servicing or delivery of supplies by trucks having more than two axles.
§ 550-30 Hospitality Overlay District.
A.
Intent. The intent of the Hospitality Overlay District is to permit conference, hotel and banquet facilities in appropriate locations in the Township to meet the needs for such facilities and provide for the convenience of locating them on the same site. The district also provides for protection of environmentally sensitive lands, including stream corridors and other natural resources, by requiring that these areas remain in preserved open space.
B.
Applicability.
(1)
All regulations within the HD Hospitality Overlay District shall apply only to those uses listed in § 550-30D of this article. All other uses shall be controlled by the pertinent regulations within the underlying existing zoning districts.
(2)
Structures, sites and uses permitted within the HD Hospitality Overlay District shall be controlled by the regulations within this article. The regulations shall not apply to legally existing nonconforming conditions.
C.
Conditions of eligibility of the HD Hospitality Overlay District. All proposed developments within the HD Hospitality Overlay District must meet the following conditions of eligibility ("conditions of eligibility"):
(1)
The tract of land must be under one ownership.
(2)
The tract of land must have or be capable of having, and any development within the HD Hospitality Overlay District must include, at least two areas of vehicular access as follows:
(a)
A main entrance providing vehicular access through not more than one public or private street leading directly to a state highway having a signalized intersection and an area at the intersection which qualifies under § 550-30J(5) for an off-premises directional sign. The owner of the tract must agree with the Township, as a provision in the land development agreement, that the main entrance shall be designated as such in all advertising and promotional material for the uses within the HD Hospitality Overlay District.
(b)
The tract of land must have or be capable of having at least one secondary entrance providing vehicular access to a public or private street. The Township, in order to minimizes traffic impacts on surrounding residential areas, may require that one or more secondary entrances be designated and limited as an emergency entrance only, providing emergency vehicles access to the HD Hospitality Overlay District tract from a Township street, with a gate designed and operated for opening and closing only by fire, police and other emergency vehicles.
(3)
In the event the tract is located adjacent to a Riparian Corridor Overlay District, the tract must have or be capable of having, and any development within the HD Hospitality Overlay District must include, a walking trail at least five feet in width located generally parallel to the stream within the open space or other areas of the tract or within the adjacent Riparian Corridor Overlay District and accessible from the site.
(4)
The owner shall demonstrate, to the Township's satisfaction, that the conditions of eligibility either exist as of the time the HD Hospitality Overlay District overlay is applied to the tract or are capable of being met and agree to be met in the land development agreement and will be met during the land development of the tract for HD Hospitality Overlay District uses.
D.
Use regulations. The following uses shall be permitted within the Hospitality Overlay District. A minimum of two different uses from the following list of primary uses permitted by right shall be provided.
E.
Development standards.
Table 7-1: Development Standards for Hospitality Overlay District | |
|---|---|
Minimum street frontage | 200 feet |
Minimum front yard | For buildings up to 40 feet in height, the minimum front setback shall be 50 feet from the public right-of-way or from the edge of cartway where no right-of-way exists; for every foot above 40 feet in height, the front setback shall be increased by 1 foot |
Minimum side yard | 25 feet, or 65 feet when adjacent to a residential district; Not required for attached structures; shall apply to end units |
Minimum rear yard | 45 feet |
Maximum building height | 80 feet |
Maximum building coverage | 30% |
Maximum impervious coverage | 70% |
F.
Refuse areas. All uses shall provide for storage of refuse inside the principal structure(s) or within a fully enclosed perimeter space, which shall be attached to the principal structure(s). Any refuse area outside of the principal structure(s) shall be constructed with the same surface materials as the principal structure(s); shall not be located in the front of the principal structure(s); shall not exceed 12 feet in height; shall not interfere with vehicular circulation; and shall be located at least 30 feet from any property line.
G.
Open space requirements.
(1)
A minimum of 30% of the net tract of land area proposed in the HD Hospitality Overlay District shall be set aside for common open space. Open space shall be so planned within the development that a close visual and physical relationship between the open space and the development as is reasonably possible is created. Environmentally protected lands (wetlands and associated buffers, floodplains and wellhead protection areas) may be part of the preserved lands.
(2)
The configuration of the open space areas shall be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities.
(3)
Portions of open space shall be developed to afford both passive and active recreational opportunities. Passive recreational activities may include, but are not limited to, pedestrian paths, gardens, sitting areas and naturally preserved areas. Active recreational areas may include, but are not limited to, bicycle paths and court games. The size, location and type of all such recreational facilities shall be shown on the land development plan.
(4)
All land that is included in the 30% required open space designation shall be permanently restricted from future development. Open space shall be made subject to such agreement with the Township and such deed restrictions duly recorded in the office of the Recorder of Deeds in Delaware County as may be required by Township Council for the purpose of preserving the common open space for such use.
(5)
Ownership and maintenance of open space. Ownership and maintenance of common open space shall be borne by the property owner.
I.
Traffic impact study. An application for development, redevelopment or expansion of a structure or site in the HD Overlay District shall be accompanied by a traffic impact study demonstrating the manner in which projected traffic flows will be accommodated and the proposed road improvements, if any, to be undertaken in conjunction with development, redevelopment or expansion of the site. The traffic impact study shall be prepared by a professional traffic engineer or transportation planner and shall include the following elements:
(1)
Identification of traffic impact area. The traffic impact area shall be determined by the characteristics of the surrounding areas as mutually agreed upon by the Township's Engineer and the transportation engineer preparing the analysis.
(2)
Existing peak-hour traffic volume data for all roads located within the traffic impact area identified in § 550-30I(1) above.
(3)
Estimates of the total number of vehicle trips to be generated by the proposed development for typical a.m. and p.m. peak periods.
(4)
Assignment of future peak-hour volumes to the roads located within the traffic impact area identified in § 550-30I(1) above, based on the estimate from § 550-30I(3) above and estimates of normal growth in overall traffic volumes.
(5)
The directional distribution of site-generated trips to and from the approach roads surrounding the proposed development.
(6)
Projected peak-hour turning movement data for all access points proposed for the development.
(7)
Capacity/level of service (LOS) analysis of existing and future traffic on major intersections contained in the identified study which will be impacted by the additional volumes generated by the proposed development.
(8)
Prior to approval of proposed development, the LOS analysis shall demonstrate:
(a)
The proposed development does not cause the overall level of service for any signalized intersection located within the traffic impact area to fall below the existing LOS or LOS D, whichever is lower; and
(b)
The traffic impact study shall identify those improvements needed to maintain the existing level of service and what additional improvements would be needed to raise the level of service to the standards indicated.
(9)
Data about existing accident levels at these intersections, categorized by accident type for each intersection.
(10)
A determination based on accident data and traffic volume information as to the need for traffic control signalization.
(11)
A determination of pedestrian traffic, based on the site's location, to other pedestrian trails or amenities, including, but not limited to, places of employment, recreation or commercial uses, and a description of what improvements might be needed to facilitate pedestrian circulation in light of other traffic and circulation issues.
(12)
Cost estimates of any proposed improvements that will be required.
(13)
Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed subdivision or land development.
(14)
Descriptions of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed subdivision or land development on the transportation network.
(15)
Written text to interpret the information and data presented in terms of the aforementioned objectives.
(16)
The Township Engineer shall review the results of the local traffic impact study, then submit it, along with written recommendations, to the Township Council before Council makes a decision regarding the development plan.
J.
Signs in the HD Hospitality Overlay District. The following types of signs and no others shall be allowed in the HD Hospitality Overlay District:
(1)
Freestanding signs and ground signs.
(a)
There shall be not more than one freestanding sign or ground sign identifying the name and uses in the HD Hospitality Overlay District at each street frontage.
(b)
Signs listing individual establishments shall be affixed to the same sign structure as the sign identifying the name and uses in the HD Hospitality Overlay District.
(c)
The size of the sign identifying the name and uses in the HD Hospitality Overlay District shall not exceed 60 square feet in area. The size of each sign identifying individual establishments in the HD Hospitality Overlay District shall not exceed 10 square feet for each sign.
(2)
Wall signs.
(a)
One wall sign shall be permitted on the front wall of a building for each use in the building and one additional wall sign on the side of a building.
(b)
The size of the wall sign on the front of a building shall not exceed one square foot of sign area for each linear foot of the front wall. The size of the sign on the side wall of a building shall not exceed 1/2 square foot of sign area for each linear foot of the side wall.
(5)
Off-premises directional signs.
(a)
Notwithstanding any other provision of this chapter to the contrary, up to three off-premises directional and identification signs shall be permitted, directing persons to the buildings in the HD Hospitality Overlay District. Such signs shall only be permitted within the Township right-of-way if permitted pursuant to Township ordinance or resolution and must comply with the placement restrictions of § 550-37C(1) herein and all other applicable ordinances.
(b)
The size of each off-premises sign shall not exceed 80 square feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 550-31 Riparian Corridor Overlay District.
A.
Applicability and intent. The intent of the Riparian Corridor Overlay District is to regulate the land use, siting and engineering of all development adjacent to watercourses and water bodies, to reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses and water bodies, and to conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features constituting high recreational value or containing amenities that exist on developed and undeveloped land.
B.
Riparian buffer requirements. If a perennial or intermittent stream passes through the site, the applicant shall create a stream buffer extending a minimum of 50 feet to either side of the top-of-bank of the channel in accordance with § 465-22G of Chapter 465, Stormwater Management, of this Code. In addition, the following regulations shall apply:
(1)
The riparian buffer will consist of two distinct zones, designated as:
(a)
Zone One. This zone will occupy the portion of the buffer extending a minimum of 25 feet to either side of the top-of-bank of the channel.
(b)
Zone Two. This zone will begin at the outer edge of Zone One and occupy a minimum width of 25 feet in addition to Zone One. Where Zone One has been adjusted to a width greater than 25 feet, the width of Zone Two will be adjusted so that the total corridor width (Zone One and Zone Two) will be 50 feet maximum.
(2)
The following uses and activities shall be permitted within the stream buffer:
(a)
Zone One:
[1]
Open space uses, including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails.
[2]
Corridor crossings by recreational trails, roads, railroads, centralized sewer and/or water lines, and public utility transmission lines, provided that disturbance is offset by corridor improvements identified.
(3)
The following uses and activities shall be prohibited within the stream buffer:
(a)
Zone One.
[1]
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 550-31B(2)herein and where the effects of these actions are mitigated by reestablishment of vegetation.
[2]
Storage of any hazardous or noxious materials.
[3]
Roads, except where permitted as corridor crossings in compliance with § 550-31B(2)(a)[2] herein.
[4]
Parking lots.
[5]
Permanent structures.
[6]
Temporary structures, except as needed for a use permitted in § 550-31B(2) herein.
[7]
Subsurface sewage disposal areas.
(4)
The restrictions on use and activity within Zone One and/or Zone Two of the district set forth in § 550-31B(2) shall not apply to residential accessory structures in residential districts which otherwise meet all applicable requirements and restrictions of this chapter.