West Grove City Zoning Code
ARTICLE XVI
General Regulations
§ 400-67 Applicability.
This article contains regulations that are common to all zoning districts, unless stated as pertaining to a specific district or use herein. These regulations shall apply in addition to those established by the individual zoning districts. In the event that the requirements of this article conflict with other regulations within this chapter, the more restrictive requirement shall apply.
§ 400-68 Buildings, structures, lots, and yards.
All buildings, structures, lots, and yards shall, in addition to the applicable district regulations, comply with the following regulations, as applicable. See Figure 15-1.
A.
Buildings and structures.
(1)
No more than one single-family dwelling shall be permitted on any lot.
(2)
Exception of more than one principal structure. Not more than one principal structure shall be permitted on a lot except as permitted within the C-1, C-2, C-3, C-4 and LI Zoning Districts where more than one structure housing a permitted principal use may be erected on a single lot, provided the applicable area and bulk requirements of the applicable district are met for each structure.
(3)
Exception of more than one principal use. Except as permitted in the C-1, C-2, C-3, C-4, and LI Zoning Districts, only one principal use shall be permitted in a single structure.
(4)
One or more accessory structures may be located on a lot, subject to the district regulations and in accordance with Article XVIII, Supplemental Uses.
(5)
Building height. No building or structure in any zoning district shall exceed the height limitations of the applicable district. The height limitations of this chapter shall not apply to spires, belfries, cupolas, and domes not intended for human occupancy; monuments, observation towers, transmission towers, chimneys, smokestacks, flagpoles, radio and television towers, and masts except as regulated otherwise by this chapter.
(6)
Minimum habitable floor area. The minimum habitable floor area of a dwelling unit shall be in accordance with the building code for the Borough of West Grove (UCC) and other applicable requirements of this chapter.
B.
Lots. See Figure 15-1.
(1)
Not more than one principal use shall be permitted on a lot, except as permitted in the C-1, C-2, C-3, C-4 and Limited Industrial Zoning Districts.
(2)
No lot shall be reduced in size so that the minimum lot area and/or dimensional requirements of this chapter are no longer met.
(3)
Every principal structure shall be built upon a lot with frontage upon a public or private street improved to meet Borough regulations or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 350, Subdivision and Land Development.
(4)
Minimum lot width. No principal structure shall be erected on any part of a lot which has a width less than the width required in the applicable zoning district.
(5)
An existing lot that does not comply with the minimum lot area requirements shall not be subdivided.
(6)
A lot that does not comply with the minimum dimensional requirements shall not be subdivided to further increase the nonconformity or create a new nonconforming condition.
(7)
Corner lots.
(a)
On corner lots, any yard abutting a street shall meet the minimum required front yard for the applicable zoning district and shall be subject to all front yard requirements of this chapter.
(b)
The minimum lot width requirements shall be applied to the street frontage to which the front of the primary structure or structures faces which shall be determined by the street for which the lot is addressed by the Borough.
(c)
The yard opposite the front of the primary structure or structures established by § 400-68B(7)(b), above, shall be a rear yard and the remaining yard shall be a side yard.
(8)
Flag lots. Flag lots shall be permitted by conditional use in accordance with the following regulations:
(a)
Flag lots shall contain a lot area equal to the minimum required lot area of the zoning district in which the lot is located. The area of the access strip (stem) shall not be included in the calculations of the required minimum lot area.
(b)
Access strip (stem).
[1]
A flag lot shall be connected to an existing or proposed road by an access strip (stem) which shall have a minimum width of 25 feet measured from the existing street line of the road being accessed for the full length of the access strip (stem) to the point where the lot first obtains the required minimum lot width.
[2]
Such access strip (stem) shall be owned in fee as part of the lot and not by way of a grant or right-of-way, easement, license, or similar grant. As such, shared driveways for flag lots shall not be permitted.
(c)
The front yard for a flag lot shall be measured from the point where the lot first obtains the minimum required lot width for the district in which the lot is located.
(9)
Reverse frontage lots (through lots).
(a)
Any yard abutting a street shall meet the minimum required front yard for the applicable zoning district and shall be subject to all front yard requirements of this chapter. Remaining yards shall be side yards.
(b)
The minimum lot width requirements shall be applied to the street frontage to which the front of the primary structure or structures faces, which shall be determined by the street for which the lot is addressed by the Borough.
C.
Yards. See Figure 15-2.
(1)
Where a minimum depth of a front, side, or rear yard setback is required as specified by the area and bulk requirements in the zoning districts, an open space a minimum of the specified depth shall be provided between the street line(s) or lot line(s) and the nearest point of any building or structure, except when permitted or otherwise specified elsewhere in this chapter.
(2)
Side yards shall not be required for buildings or structures on adjacent lots or on a lot where such structures are connected by party walls where permitted by this chapter.
(3)
Space provided to satisfy the yard and area requirements for any building or structure, either existing or proposed, shall not be used to meet the yard and area requirements for any other building or structure.
(4)
Projection into yards. All required yards shall be unobstructed except as follows:
(a)
No structure or any other item or property shall be placed so it that intrudes upon the required clear sight distance at a street intersection in accordance with § 400-70.
(b)
Uninhabited structures, including sheds not used for automobile storage, arbor, open trellis, flagpole, lamppost, driveway, sidewalk, patio, eves, or unroofed steps, shall be permitted within required yards.
(c)
An awning or movable canopy may project into any yard not more than 15 feet, but shall not be closer than 15 feet from the property line.
(d)
An open fire escape, unroofed porch, or deck shall not project more than six feet into any required yard and shall be a minimum of five feet from any lot line.
Figure 15-2: Yard and Setback Requirements  |
§ 400-69 Fence and wall requirements.
A.
Fences and walls permitted. Fences and walls may be erected, altered and maintained within required yards, provided that any such fence or wall in the front yard shall not exceed four feet in height; and any fence or wall in the side or rear yard shall not exceed six feet in height.
B.
Height exemption. Retaining walls or walls constructed to hold back or support an earthen berm shall be exempted from said height requirements but shall apply to all other applicable codes and ordinances, including but not limited to the UCC.
C.
No fence or wall shall be erected, installed, or constructed which:
(1)
Obstructs sight distance at street intersections in accordance with § 400-70, whether public or private, or at the point where any driveway intersects a public or private street.
(2)
Obstructs or impedes water flow in any perennial or intermittent stream, drainage easement, or other drainage course.
(3)
Is located within a road right-of-way.
§ 400-70 Visibility at intersections.
A.
At street intersections or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision in accordance with this section. See Figure 15-3.
B.
A clear sight triangle shall be maintained within which structures or vegetation shall be limited to a height of not more than 2 1/2 feet or less than 10 feet above the street grade measured from the center line of the intersecting streets or driveways, exempting the trunks of street trees or other ornamental trees whose foliage is kept trimmed to a minimum height of 10 feet above the street grade.
C.
A clear sight triangle shall apply within the area bounded by the center line intersecting streets or accessways and a line joining points on these center lines 25 feet from their intersection.
D.
Sight distance requirements for all intersections shall be in accordance with the Pennsylvania Code, Title 67, Transportation, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," latest revision. Plans shall indicate clear sight distances.
Figure 15-3: Visibility at Intersections  |
§ 400-71 Lighting.
The intent of the regulations in this section is to minimize the off-site impact of lighting while providing for lighting that is sufficient for safe use of a property. The following regulations shall apply in regard to outdoor lighting in the Borough:
A.
Purpose.
(1)
Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of nonvehicular light sources.
(3)
Protect neighbors and the night sky from nuisance glare and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources.
(4)
Promote energy efficient lighting design and operation.
B.
Applicability.
(1)
Outdoor lighting shall be required for the purpose of safety and personal security in areas of public assembly and traverse, including but not limited to:
(a)
Parking areas of multifamily, commercial, institutional and industrial uses.
(b)
Loading facilities.
(c)
At the ingress and egress of parking areas.
(d)
At street intersections.
(e)
The Borough Council may require or permit lighting to be incorporated for other uses where security and safety reasons warrant.
(2)
The requirements herein apply to all uses and situations mentioned above, including but not limited to signs, security, landscaping, and residential lighting.
C.
Plan submission.
(1)
Lighting plans shall be submitted to the Borough for review and approval with all applications for building permits, a change in use, and subdivision and land development plans. The required lighting plan shall include the following information:
(a)
A site plan containing a layout of the proposed fixture locations and type.
(b)
Catalogue cuts and photometrics for each light fixture, the method of energizing each light fixture, a listing of the hours of operation and a plan showing the photometrics for the entire site, based upon the proposed placement of the light fixtures. A description of glare-reduction devices, lamps, control devices, mounting heights, pole foundation details, and mounting methods, as appropriate for each fixture, should also be included.
(2)
Post-approval alterations to lighting plans shall be submitted to the Borough for review and approval.
(3)
The Borough reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at no expense to the Borough.
D.
Illumination levels. Lighting, where required by this chapter, shall have intensities and uniformity ratios in accordance with, but not limited, to Figure 15-4.
Figure 15-4: Illumination Levels | ||
|---|---|---|
Use/Task | Illumination (average)* | Uniformity Ratio** (average per minute) |
Pedestrian walkways | 0.2 to 0.4 avg. | 5:1 |
Local commercial streets: intersections of streets-parking areas | 0.4 to 1.0 avg. | 6:1 |
Local residential streets: intersection of streets-parking areas | 0.4 to 0.6 avg. | 4:1 |
Parking: multifamily | 0.6 min. to 0.8 max. | 4:1 |
Parking: commercial/industrial | 0.6 min. to 1.2 max. | 4:1 |
Illuminated signs | 0.6 to 1.0 avg. | 6:1 |
Recreational uses/parks | 0.6 to 0.8 avg. | 4:1 |
NOTES: | |
* | Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface. |
** | Uniformity ratios dictate that average illumination values shall not exceed minimum values by more than the product of the minimum value and the specified ratio [e.g., for commercial parking, high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4)]. |
avg. | Average. |
min. | Minimum. |
max. | Maximum. |
E.
Design requirements.
(1)
Fixtures shall be of a type and design appropriate to the lighting application and shall otherwise comply with the UCC.
(2)
Unless otherwise specified elsewhere within this chapter, for the lighting of predominantly horizontal surfaces such as, but not limited to, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive fuel-dispensing facilities, loading docks, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, fixtures shall be aimed straight down and shall meet IESNA "full-cutoff" criteria (no light output emitted above 90° at any lateral angle around the fixture and no more than 10% light output above 80°). See Figure 15-5.
Figure 15-5: Full-Cutoff Lighting  |
(3)
For the lighting of nonhorizontal (vertical) surfaces, including but not limited to facades, landscaping, signs, billboards, fountains, displays, flags and statuary, the use of floodlighting, spotlighting, wall-mounted fixtures and other fixtures not meeting IESNA full-cutoff criteria, the following requirements shall apply:
(a)
Lighting fixtures shall be installed and aimed so their output is not projected into the windows of adjacent uses, past the object being illuminated, skyward, or onto a public roadway.
(b)
When necessary to redirect offending light distribution, fixtures shall be equipped with light-directing devices such as shields, visors, or hoods as approved by the Borough Council, based upon acceptable glare control and their consistency with the character of the surrounding area.
F.
Control of glare.
(1)
Floodlighting and outdoor lighting in all districts, whether or not required by this chapter.
(a)
Shall not be aimed, installed, or directed so as to project into the windows of neighboring residential uses, and shall not be directed skyward or onto a roadway.
(b)
Shall be diffused, directed, shielded, located, designed, and maintained in such a manner as not to present any hazardous situations for passing vehicular or pedestrian traffic or create a nuisance by objectionable light projected beyond its lot line onto a neighboring use or property.
(2)
All fixtures shall be equipped with light directing or shielding of a type and design appropriate to the lighting application, for the purpose of redirecting offending light or reducing direct or reflected glare, and no glare shall be discernible beyond its lot line onto adjacent properties.
(3)
The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured line-of-sight at the property line.
(4)
Vegetation screens shall not serve as the primary means for controlling glare. Rather, glare control shall be achieved through the use of full-cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(5)
Nighttime lighting.
(a)
All nonessential lighting, including display, aesthetic, parking, and sign lighting, shall be required to be turned off or reduced by 75% within one hour of close of business or 11:00 p.m., whichever is earlier, and dawn, leaving only the necessary lighting for site security or continued advertising through lighted signs as approved by the Borough.
(b)
Where all-night safety or security lighting is deemed necessary, the lighting intensity levels shall generally not exceed 25% of the levels permitted by this section, but in no case shall they be less than the minimum levels for safety or security as invoked by IESNA.
(c)
The use of automatic switching devices, timers, motion detectors, and photocells is encouraged for extinguishing lighting.
(6)
No outdoor lighting shall have blinking, flashing, or fluttering lights or devices that cause changing intensity, brightness, or color, except for seasonal decorative lighting.
(7)
Externally illuminated signs shall be lit by fixtures mounted at the top of the sign or billboard and aimed downward. The fixtures shall be designed, fitted and aimed to place the light output on and not beyond the sign or billboard.
(8)
Except for public streetlights and traffic signals, freestanding light fixtures shall not exceed 20 feet in height.
(9)
All lighting requirements and necessary equipment shall meet the requirements of the appropriate utility.
(10)
All outdoor lighting fixtures and ancillary equipment shall be maintained as to continuously meet the requirements of this chapter.
H.
Nuisance glare and inadequate illumination levels.
(1)
When the Borough judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Borough may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
(2)
If the infraction so warrants, the Borough may act to have the problem corrected as in § 400-71H(1) above at the expense of the owner violating the chapter.
§ 400-72 Outdoor storage.
A.
All outdoor storage shall be completely screened or hidden from view from any public right-of-way, a contiguous residential use, or property zoned for residential use. Screening shall consist of evergreen plants or an architectural screen in accordance with § 400-73.
B.
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage shall not be considered as regulated by the sign controls listed in Article XIX. Each designated storage area shall be enclosed by a barrier a minimum of four inches higher than the parking area surface, and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors, or otherwise secured during nonoperating hours.
C.
All organic refuse or garbage shall be stored in durable, verminproof containers. In multifamily uses over four units, commercial, and industrial uses, garbage storage shall be centralized to expedite collection and screened from adjacent uses.
E.
Vehicles and vehicle parts.
(1)
No more than one unregistered, uninspected and unlicensed vehicle of any kind shall be permitted per owner/per lot in the driveway for the property.
(2)
No vehicle shall be stored on blocks or in a constant state of disrepair for more than 60 continuous days unless covered by automobile cover, which shall not consist of a tarp or other similar cover that is not specifically designed or fitted to cover a vehicle.
F.
Storage of boats, trailers, or recreational vehicles (RVs, ATVs) shall be permitted behind the building line.
G.
Outside storage or display shall not occupy any part of the street right-of-way, area intended or designed for pedestrian use, required parking area, or required front yard except as specifically permitted herein.
H.
Outdoor display. In the C-1 Town Center Zoning District, merchandise available for retail sale may be displayed in a neat and orderly fashion outside of the building of the retail establishment that is selling the merchandise, provided:
(1)
No merchandise shall be placed within four feet of the edge of cartway.
(2)
A four-foot-wide clear sidewalk path shall be maintained at all points.
(3)
No merchandise shall be displayed outdoors that is pornographic, includes explicit depictions of violence, or is otherwise unsuitable for viewing by children.
(4)
No merchandise shall be displayed outdoors in a manner that is intended to or has the effect of interfering with pedestrian or vehicular traffic or is distracting to motorists.
(5)
The outdoor display of merchandise shall not interfere with the sight lines of traffic and shall not impair the visibility of any public or private sign.
(6)
The merchandise shall not be placed within required parking spaces.
(7)
No merchandise shall be displayed outdoors in a manner that will result in the merchandise falling into the street or sidewalk, blowing, spilling, or otherwise becoming disorderly, hazardous or a nuisance.
(8)
No additional signage in excess of that approved for the property shall be attached to or placed in conjunction with the merchandise being displayed.
(9)
Any merchandise that is placed on the public sidewalk or right-of-way in violation of this section or that otherwise constitutes a hazard to the public may be removed by the Borough Zoning Officer or police officer with or without notice to the owner.
(10)
All merchandise displayed outdoors shall be removed and placed indoors at the close of business each day.
§ 400-73 Landscaping, buffering and screening.
§ 400-74 Access and traffic control.
To minimize traffic congestion and hazard and encourage the orderly development of street frontage, the following regulations shall apply:
A.
All lots shall be direct access to a public or private street.
B.
Unless clearly impractical, no driveway shall be situated within five feet of a side property line, except where shared or common driveways are permitted.
C.
Lots abutting two or more streets. Unless clearly impractical or inappropriate from a safety or traffic planning perspective, lots which abut two or more streets shall have their primary access from the street of lesser functional classification as defined by the Borough Comprehensive Plan or other Borough document, code, or ordinance, in accordance with traffic counts, or as determined by Borough Council.
D.
All accessways to any public street or highway shall be located a minimum of 40 feet from the intersection of any street line, and shall be designed in a manner conducive to safe ingress and egress.
E.
The developer shall be responsible for the construction of any necessary traffic control devices, acceleration or deceleration lanes, or other roadway modifications or features required by the Pennsylvania Department of Transportation or the Borough Engineer for ingress or egress to any public street.
§ 400-75 Off-street parking and loading.
Off-street parking and loading shall be required for all uses and shall be in accordance with Article XVII.
§ 400-76 Performance regulations.
A.
Applicability.
(1)
All uses shall comply with the requirements of this section. The regulations established in this section are designed to prevent dangerous or objectionable hazards or conditions which would be adverse to the health, safety and welfare of Borough residents.
(2)
In no instance shall any use or activity be permitted which by reason of noise, dust, odor, appearance, smoke, glare or other objectionable factor creates a nuisance, hazard, or other adverse effect upon the value or reasonable enjoyment of the surrounding properties, in accordance with this section.
(3)
Compliance shall be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions, and by the Borough Council in respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
B.
Vibration. Vibrations detectable without instruments on neighboring properties in any district shall be prohibited, with the exception of temporary vibrations associated with new construction.
C.
Air pollution. No pollution of air by ash, dust, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property or can cause soiling or property damage.
D.
Fire and explosives protection. Fire protection and firefighting equipment, acceptable to the Board of Fire Underwriters, shall be readily available for any activity involving the handling or storage of flammable or explosive materials.
E.
Glare and heat.
F.
Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground of any liquid or solid materials except in accordance with the laws and regulations of the United States, Commonwealth of Pennsylvania, Chester County and the Borough of West Grove.
G.
Radioactivity or electrical disturbances. No activity shall emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio or other equipment in the vicinity.
H.
Noise. Noise emanating from a use shall not exceed the level of ordinary conversation at the boundaries of the lot. Short, intermittent noise peaks may be permitted, if they do not exceed normal traffic noise peaks at any point on the lot boundaries.
I.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
J.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Any earth disturbance activity shall be conducted in accordance with Chapter 350, Subdivision and Land Development.
K.
Water pollution. Water pollution shall be subject to the requirements established by the Pennsylvania Department of Environmental Protection.
L.
Stormwater.
(1)
All development and construction within the Borough shall be in accordance with Chapter 342, Stormwater Management, of the Borough of West Grove.
(2)
The ownership and maintenance responsibilities for stormwater management facilities serving all new development shall:
(a)
Be clearly established and recorded in the Chester County office of Recorder of Deeds.
(b)
Demonstrate that the person or entity intended to own and maintain such facilities will be capable of such maintenance and available for enforcement of such responsibilities.
(c)
The documentation establishing such ownership and maintenance responsibilities shall be subject to the prior review by the Borough Solicitor and approval by Borough Council.
M.
Every owner of any vacant lot shall keep the lot clean, free from garbage, litter, standing water, debris, and all things causing the property to be detrimental to the public health, safety, welfare or to the aesthetics of adjacent properties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
N.
Any lot kept vacant for more than 180 days following the demolition of any buildings thereon shall be landscaped and thereafter maintained in good order. The lot shall be fenced as appropriate for public safety and aesthetics. All plant material shall be watered, fertilized, pruned, kept clean from weeds and litter, and replaced if diseased, injured or dead, consistent with good horticultural practices. Such lots shall not be used for storage.
O.
Trail requirements. Trail surface and cross section, including materials and thicknesses, shall be based on site specific conditions. Each trail design must be certified by a geotechnical engineer and must be reviewed and approved by the Borough Engineer and applicable federal, state, county and local agencies.
§ 400-77 Stripping of topsoil.
In all districts, topsoil or sod may be removed from a premises only in connection with the construction or alteration of a street, building, structure, or parking lot and grading incidental to such approved activity.