Yeadon City Zoning Code
ARTICLE I
General Provisions
§ 300-1 Title.
This chapter shall be known and may be cited as the "Borough of Yeadon Zoning Ordinance of 1984" or just the "Zoning Code."
§ 300-2 Purpose.
A.
This chapter is designed to advance the following purposes of the Borough, as set down in the 1971 Comprehensive Plan and the 1983 Comprehensive Plan Update of the Borough:
(1)
To promote, protect and facilitate one or more of the following: the public health, safety, morals and general welfare, proper density of population, provision of adequate light and air, and other public requirements; and
(2)
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation and loss of health, life or property from fire, flood, panic or other dangers.
B.
The provisions of this chapter represent reasonable consideration as to the character of the districts and their peculiar suitability for particular uses of land. These provisions have been drawn with a view to preserving the existing environment and ensuring the development of a future environment that realizes the greatest possible use and enjoyment of land on individual properties, balanced against the necessary protection of the values of buildings and land and the use and enjoyment of land on adjacent properties, with the objective of promoting and protecting the public welfare through the regulation of land use and the process of land development.
§ 300-3 Interpretation; conflict of laws.
In the interpretation and application of this chapter, its provisions shall be held to be the minimum requirements for the promotion and protection of the public health, welfare and safety. Where the provisions of this chapter impose greater restrictions than those of any other previously adopted ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
§ 300-4 Application of floodplain regulations.
All structures, land areas and/or premises which are located in areas identified as floodplains by the National Flood Insurance Program are subject to Chapter 164, Floodplain Management, of this Code.
§ 300-5 Definitions and word usage.
A.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. The singular shall include the plural and the plural shall include the singular. The word "used" shall include the words "arranged," "designed" or "intended to be used." The present tense shall include the future tense. The words "shall" and "will" are mandatory and not discretionary. The word "may" is permissive.
B. ACCESSORY BUILDING ACCESSORY USE ADULT ENTERTAINMENT USE(1) (a) (b) [1] [a] [b] [2] (c) (d) (e) (f) (g) (2) (a) (b) (c) (d) (e) AMUSEMENT CENTER BUFFER PLANTING STRIP BUILDING, ATTACHED BUILDING COVERAGE BUILDING, DETACHED BUILDING HEIGHT BUILDING LINE BUILDING, SEMIDETACHED CARPORT CEMETERY CERTIFICATE OF OCCUPANCY CHURCH or SYNAGOGUE CODE ENFORCEMENT OFFICER COMMUNICATIONS ANTENNA COMMUNICATIONS EQUIPMENT BUILDING COMMUNICATIONS TOWER CONDITIONAL USE CONVERSION DAY-CARE CENTER DENSITY DORMITORY DWELLING, MULTIFAMILY DWELLING, SINGLE-FAMILY ATTACHED DWELLING, SINGLE-FAMILY DETACHED DWELLING, SINGLE-FAMILY SEMIDETACHED DWELLING UNIT FAMILY FLOOR AREA, GROSS FLOOR AREA, NET FRONTAGE GARAGE, PRIVATE GARAGE, PUBLIC HEIGHT OF A COMMUNICATIONS TOWER HOME OCCUPATION HOSPITAL LOT LOT AREA LOT, CORNER LOT, DEPTH OF LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT, WIDTH OF MEDICAL OFFICE BUILDING MOTOR VEHICLE REPAIR SHOP MOTOR VEHICLE SALES AGENCY MOTOR VEHICLE SERVICE STATION MUNICIPAL BUILDING USE MUNICIPAL-OWNED PROPERTY NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NURSING OR CONVALESCENT HOME PARKING SPACE PENNSYLVANIA MUNICIPALITIES PLANNING CODE PUBLIC UTILITY TRANSMISSION TOWER RECREATIONAL AREA RECREATION, INDOOR RECREATION, OUTDOOR RESTAURANT, FAST-FOOD RESTAURANT, GENERAL RESTAURANT, SIT-DOWN RESTAURANT, TAKE OUT RIGHT-OF-WAY SATELLITE DISH SETBACK SIGN SIGN AREA SIGN, CANOPY SIGN, FREESTANDING SIGN, GROUND SIGN, PARALLEL SIGN, POLE SIGN, PROJECTING SIGN, WALL SIGN, WINDOW SPECIAL EXCEPTION STORE, CONVENIENCE THEATER UTILITY SHED VARIANCE YARD, FRONT YARD, REAR YARD, SIDE ZONING CODE
As used in this chapter, the following terms shall have the meanings indicated:
A building subordinate to and serving the main building on a lot and used for purposes customarily incidental to those of the main building.
A use of land or of a building or a portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
[Added 5-19-2005 by Ord. No. 1316]
Adult entertainment uses include any of the following as defined below:
ADULT ARCADEAny place to which the public is permitted or invited to operate still or motion-producing devices which show images to five or fewer persons per machine at any one time and where the image so displayed or distinguished or characterized depicts or describes specified anatomical areas or specific sexual activities.
Any commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty shop or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty shop or adult video store so long as one of its principal business purposes is offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. Notwithstanding anything contained herein to the contrary, a business engaged in the sale of birth control devices, medications or products incidental to the sale of other medications or products and not as its principal business shall not be deemed to be an adult bookstore, adult novelty shop or adult video store.
ADULT CABARET/DANCE HALL/PRIVATE CLUB/BAR/TAVERN/NIGHTCLUB/RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENTAny type of establishment offering adult entertainment which presents material distinguished or characterized by an emphasis on matter depicting or describing specific sexual activities or specified anatomical areas for observation by patrons therein. Such presentation or material may be live or through films, motion pictures, videocassettes, slides or other means of photographic reproduction.
ADULT MOTION-PICTURE THEATERA structure used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTELA hotel, motel or similar commercial establishment which offers accommodation to the public for any form of consideration, provides patrons with closed circuit television transmission, films, motion pictures, videocassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
PEEP SHOWSAny structure which houses a commercial establishment with the capacity for one or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by parties therein.
SEXUAL ENCOUNTER SHOWA business or commercial enterprise that, as one of its primary business purposes, offers physical contact in the form of wrestling or tumbling between person of the opposite sex or activities between two or more persons when one or more of the persons is in a state of nudity or seminudity.
As used in the "adult entertainment use" definition, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENTLive or nonlive entertainment containing sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition which includes the activities of adult arcades/cabarets/dance halls/private clubs/bars/gentlemen's bars/taverns/adult bookstores, adult video stores, adult mini motion-picture theaters and peep shows, adult motels and sexual encounter centers as part of its definition for adult entertainment.
NUDITYThe appearance of the specified anatomical area without any covering on the body area.
SEMINUDITYState of dress in which clothing partially or transparently covers the specified anatomical areas.
SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breasts below the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESActivities which include any of the following:
An establishment offering three or more amusement devices, including but not limited to coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.
[Added 5-19-2005 by Ord. No. 1316]
A strip of required yard space adjacent to the boundary of a property or district, which strip shall be landscaped for the full width, or as otherwise specified, and on which is located a screen of sufficient density and height to constitute an effective screen as approved by the Borough Engineer and to give immediate visual screening to an abutting property or district. The required screen shall constitute a planting of dense evergreens or a compact evergreen hedge, or, where otherwise specifically designated, an appropriately scaled and designed wall, fence, natural landscaping or combination thereof.
A building which has a total of two or more party walls in common with adjacent buildings.
The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
A building which has no party wall.
The vertical distance from the average grade (i.e., the average of the grades taken at twenty-foot intervals around the building perimeter) to the top of the highest roof beam of a flat roof, or to the mean level of a sloped roof, provided that chimneys and spires shall not be included in measuring the height. Elevators, stairs, equipment storage areas, tanks and air-conditioning towers located on the roof shall not be included if they occupy 25% or less of the roof area and do not project more than 10 feet above the roof line.
A line parallel to the street right-of-way at a distance equal to the depth of the front yard or setback required for the district in which the lot is located, except in the case of an interior lot not fronting on a street or highway for its full width, in which case, the building line shall be a line parallel to the street right-of-way at a distance from the property line nearest to the highway or street equal to the depth of the front yard setback as required for the district in which the lot is located. If a lot fronts on more than one street or highway, then the building line on the major street shall be that line which is already in existence.
A building which has a total of one party wall in common with any adjacent building.
A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
Land used or intended to be used for human burial.
A statement signed by the Code Enforcement Officer or other duly designated Borough official setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purpose stated herein.
A building or structure or group of buildings or structures which, by design and construction, are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
A duly appointed official authorized to enforce this chapter and other municipal ordinances.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
[Added 1-20-2011 by Ord. No. 1347]
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
[Added 1-20-2011 by Ord. No. 1347]
A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
[Added 1-20-2011 by Ord. No. 1347]
A use which, because of its potential for impact on the community at large, is permitted by Council only after a public hearing is held. Approval by Council will be based on this hearing and on the applicable standards and criteria defined in this chapter.
The change of an existing single-family detached dwelling into a lawful multifamily dwelling on the same lot and without subdivision or introducing a new owner. Where the area and bulk regulations and other applicable provisions of this chapter permit, such conversion may be accomplished by appropriate internal alteration upon the issuance of necessary permits.
An establishment in which four or more children between two and five years of age are enrolled, and where tuition, fees or other forms of compensation for the care of children are charged, and which is licensed or approved to operate as a child-care center.
The number of families, individuals, dwelling units or housing structures per unit of land that are permitted by this chapter.
A building used as group living quarters for a student body or religious order as an accessory use for a college, university, convent, rectory, hospital or other similar institutional use.
A building designed and used exclusively as a residence for three or more families living independently of one another. As defined, this dwelling type includes duplexes, quadruplexes and apartments.
A building designed and occupied exclusively as a residence for one family, which building has party walls in common with other dwellings. As defined, this dwelling type includes townhouses and row homes.
A building designed and occupied exclusively as a residence for one family, but not including mobile homes.
A building designed and occupied exclusively as a residence for one family and having a party wall in common with another residence.
One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
One or more persons occupying a single dwelling unit. However, unless all persons are related by blood or marriage or are domestic servants employed full-time on the premises, no single dwelling unit shall contain over three unrelated persons.
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading spaces for motor vehicles or any space where the floor-to-ceiling height is less than six feet.
The gross floor area minus 15%.
That side of a lot abutting on a street. On a corner lot, the frontage is the side where the main entrance is located.
An accessory building, including carports used for the storage of one, but not more than three, motor vehicles, owned and used by the owner or tenant of the lot on which it is erected for a purpose of the use on the lot.
A building or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
[Added 1-20-2011 by Ord. No. 1347]
An accessory use of a dwelling that constitutes either entirely or partly the livelihood of a person living in the dwelling.
An institution providing health services primarily for inpatient medical or surgical care of the sick or injured, including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the institution.
A parcel of land on which a main building and any accessory building are or may be placed, together with the required open spaces and setbacks.
The total horizontal area included within the lot lines.
A lot which is bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135° or less.
The mean horizontal distance between the front lot line and the rear lot line. For a corner lot, the depth shall be measured as the minimum distance perpendicular to the front lot line.
Any legally recorded boundary of a lot. Any lot line which is not a rear lot line or a front lot line shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the front lot line shall be designated on an approved final subdivision or land development plan, where one exists. Where such an approved final plan does not exist, the front lot line will be on the side of the main entrance.
Any lot line, except a front lot line, which is parallel to, or within 45° of being parallel to, and does not intersect, any street line. In the case of a corner lot, see the definition of "yard, rear."
Any lot line which is not a front lot line or a rear lot line.
The mean horizontal distance between side lot lines measured at substantial right angles to the depth of the lot.
A building constructed as a professional building for the offices of three or more medical practitioners.
Any building, premises and land in which or upon which a business, service or industry involving the maintenance, service, repair or painting of vehicles is conducted or rendered.
Any building, land area or other premises used principally for the display and sale of motor vehicles and for the hire of or remuneration from motor vehicles. This shall be interpreted to exclude the operation of a salvage yard and services rendered incidental to such sale. Any warranty repair work shall be permitted.
Any building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sale of vehicular fuels, including, as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories.
A use owned by the Borough, such as parks, playgrounds and other recreational and cultural areas; sites for sewage treatment, solid waste and refuse disposal and other public facilities owned and operated for the good and well-being of the Borough; and activities regularly conducted by the Borough at such sites and/or facilities.
Any real estate parcel owned by the Borough of Yeadon.
[Added 1-20-2011 by Ord. No. 1347]
A lot lawfully existing on the effective date of this chapter (Ordinance No. 1115, passed July 12, 1984) or any amendment thereto affecting such lot, which does not conform to the regulations of this chapter for the district in which it is situated.
A structure or part of a structure which does not comply with the applicable provisions of this chapter, where such structure lawfully existed prior to the enactment of this chapter. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not comply with an applicable use provision of this chapter or any amendment heretofore or hereafter enacted, where such use lawfully existed prior to the enactment of this chapter or amendment.
A facility providing nursing services on a continuing basis which admits the majority of occupants upon the advice of physicians as ill or infirm persons requiring nursing services, which provides for physicians' services or supervision, and which maintains medical records, including facilities providing similar medical or nursing services. Facilities for care of the acutely ill or for surgical or obstetrical services shall not be considered similar services under this definition, nor shall hospitals be construed to be included in this definition.
An open space or a garage on a lot behind the front building line intended for motor vehicles. The area of any parking space shall be not less than nine feet by 20 feet (180 square feet), exclusive of manipulating turning space and circulation access to a street or alley.
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also cited as 53 P.S. § 10101 et seq., or any subsequent act of the commonwealth which replaces, supplements or repeals any or all of the provisions of Act 247.
A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines, telephone lines or cable television lines.
[Added 1-20-2011 by Ord. No. 1347]
A private or public space, including essential buildings and structures, used for play and recreational space for individuals.
An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters, and related amusements.
[Added 5-19-2005 by Ord. No. 1316]
An area free of buildings except for rest rooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
[Added 5-19-2005 by Ord. No. 1316]
Any restaurant where the design or method of operation involves the serving of the food or beverage, which is not normally delivered to the customer's table, by an employee of the restaurant. This includes all establishments: where over 30% of the business involves the sale of refreshments or beverages taken out and consumed in places other than the interior of the restaurant; where the food is already prepared for consumption, packaged in paper, Styrofoam or similar materials; or where any food or drink is served or dispensed by means of a drive-through window. Notwithstanding anything contained herein to the contrary, a coffee shop shall not be deemed to be a fast-food restaurant unless such coffee shop serves or dispenses food or drink by means of a drive-through window.
[Added 5-19-2005 by Ord. No. 1316]
Any restaurant where the customer is normally served the food or beverage by a restaurant employee at the table or counter at which such items are consumed, and where less than 30% of the business involves the sale of food, refreshments or beverages taken out and consumed in places other than the interior of the restaurant or a cafeteria-style operation where the food or beverage is consumed on the premises.
[Added 5-19-2005 by Ord. No. 1316]
Any restaurant where the customer is normally served the food or beverage by a restaurant employee at the table or counter at which such items are consumed, or a cafeteria-style operation where the food or beverage is consumed on the premises.
An establishment that sells food only for consumption off the premises.
[Added 5-19-2005 by Ord. No. 1316]
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, waterline, watercourse or other similar use.
An instrument that receives a television picture and sound (a signal) by way of a satellite from a broadcasting studio and sends it to a television set in a residence.
The distance between the street right-of-way line and the front line of a building or any projection thereof.
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
That area which is part of the sign and which is not included as part of the frame or support structure. In the case of an applied sign to a window or door, the area includes the perimeter of all letters or designs that make up the sign.
Lettering on an awning or canopy attached to and supported by a building.
A sign not affixed to or supported by a building.
Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure.
A sign attached to the wall or fascia of a building, supported by the building and oriented in a plane parallel to that of the building fascia.
A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.
A sign, other than a wall sign, attached to and supported by the wall or fascia of a building.
Lettering or other graphics printed directly on a side or rear exterior wall.
Lettering on windows or other glass areas.
Special permission granted by the Zoning Hearing Board only where specific provision is made for such a procedure by this chapter or an amendment thereto.
Those retail uses which utilize substantially more parking per square foot of retail space than other retail uses in the same district.
A building used primarily for the presentation of live stage productions, performances or motion pictures.
[Added 5-19-2005 by Ord. No. 1316]
A freestanding structure utilized for storage and not more than 200 square feet.
Special permission granted only by the Zoning Hearing Board to modify, waive or deviate from the exact provisions of this chapter as applied to a specific property and subject to a finding of significant and unique hardship not brought about by the actions of the owner, tenant or agent acting in his or her behalf.
A yard extending the full width of the lot along the street line and not less in depth, measured from the street line to the building line, than the minimum required for the district in which it is located. In the case of a corner lot, there shall be a front yard on each street that the lot has frontage on.
[Added 5-19-2005 by Ord. No. 1316]
A yard extending the full width of the lot measured along the rear lot line and not less in depth, measured from the rearmost portion of the principal building to the rear lot line, than that required for the district in which it is located. In the case of a corner lot, the owner or developer may specify which yard shall be the rear yard at the time of an application for a permit, taking into consideration the prevailing yard patterns where established.
[Added 5-19-2005 by Ord. No. 1316]
A yard extending along the side lot line from the front yard to the rear yard and not less in width, measured from the side of the principal building to the side lot line, than that required for the district in which it is located. In the case of a corner lot, the owner or developer may specify which yard shall be the side yard at the time of an application for a permit, taking into consideration the prevailing yard patterns where established.
[Added 5-19-2005 by Ord. No. 1316]
Ordinance No. 1115, passed July 12, 1984, as amended, codified herein as Chapter 300, Zoning, of this Code.