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ZONING ORDINANCEFOLCROFT BOROUGHDelaware County, Pennsylvania2007


ZONING ORDINANCEFOR THEBOROUGH OF FOLCROFTAdopted May 22, 2007Prepared by the Delaware County Planning DepartmentMailing AddressOffice LocationCourt House/Government CenterToal Building201 W. Front Street 2 nd and Orange StreetsMedia, PA 19063 Media, PA 19063Telelphone: (610) 891-5200 Fax: (610) 891-5203Email: planning_department@co.delaware.pa.usWeb: http://www.co.delaware.pa.us/planning/This project was financed in part with funding from the Delaware CountyRevitalization Program.Printed on Recycled Paper


BOROUGH OF FOLCROFT COUNCILMarianne French, PresidentGeorge Dorman, Jr., Vice PresidentJames BaroniPatricia BoudwinDavid SpangenbergRobert SchrammJoseph PapalcoMAYORCharles Vivial, MayorBOROUGH OFFICIALSJudith Serratorre, Manager and SecretaryMichael Capabianco*John Whelan, SolicitorCatania Engineering Associates, Inc, EngineerCode Inspections, Inc., Building Codes OfficialPLANNING COMMISSIONWilbur C. Henderson, ChairmanDouglas R. HillAnthony InnamoratoJoseph A. CerinoZONING HEARING BOARDStan Billie*Frank FoglioAlbert FrankMike SmytheMichael F. X. Gillin, Esq.*Former <strong>Borough</strong> Officials


ACKNOWLEDGEMENTSThe Delaware County Planning Department greatly appreciates the assistance given bythe <strong>Folcroft</strong> <strong>Borough</strong> <strong>Zoning</strong> <strong>Ordinance</strong> Revision Task Force in the preparation of thisdocument.ZONING ORDINANCE REVISION TASK FORCEPhyllis DuffyJames BaroniDoug HillChristine PhillipsFrank GalbraithGeorge Dorman, Jr.Michael Capabianco*Kim Di DomizioTom AtkinsWilbur HendersonDELAWARE COUNTY PLANNING DEPARTMENTJohn E. Pickett, AICP, DirectorLois B. Saunders, Deputy DirectorGeorge Kobryn, Project ManagerSteven Hall, Project Planner*Sam Haber, Project PlannerDoris Cusano, AdministratorRon Aquilino, Data & Systems CoordinatorH. Marian Goodchild, Senior Program SpecialistDavid Long, GIS Coordinator**Former staff members


BOROUGH OF FOLCROFTDELAWARE COUNTY, PAORDINANCE NUMBER 995 OF 2007AN ORDINANCE TO AME1\TD THE CODE OF THE BOROUGH OF FOLCROFT,CHAPTER 27, ENTITLED ZONING, AND REPLACING IT WITH A NEWCHAPTER 27 TO BE ENTITLED ZONING, WHICH CHAPTER REPLACES,AME1\TDS, SUPPLEMENTS AND MODIFIES THE PROVISIONS OF CHAPTER 27KNOWN AS THE BOROUGH OF FOLCROFT ZONING ORDINANCE of 1955.BE IT ORDAINED AND ENACTED by the Council of the <strong>Borough</strong> of <strong>Folcroft</strong>, as follows:SECTION 1: The Code of the <strong>Borough</strong> of <strong>Folcroft</strong>, Chapter 27, <strong>Zoning</strong>, is hereby amended by deleting andrepealing Chapter 27, <strong>Zoning</strong>.SECTION 2: The Code of the <strong>Borough</strong> of <strong>Folcroft</strong> is hereby amended by adding thereto a new chapter, toreplace Chapter 27 hereinafter repealed, to be Chapter 27, <strong>Zoning</strong>.SECTION 3: That Chapter 27 shall be Ialown as the "<strong>Borough</strong> of <strong>Folcroft</strong> <strong>Zoning</strong> <strong>Ordinance</strong>" to consist ofthe following Articles.ARTICLEPAGECOMMUNITY DEVELOPMENT OBJECTIVES 11 INTRODUCTION 82 DEFINITIONS 123 R-l RESIDENTIAL DISTRICT. .404 R-2 TOWNHOUSE DISTRICT. 435 R-3 APARTMENT DISTRICT. .486 MC - MUNICIPAL CENTER DISTRICT 517 RS ­ RETAIL SERVICE DISTRICT. 568 GB ­ GENERAL BUSINESS DISTRICT. 619 LIB - LIGHT INDUSTRIAL/BUSINESS PARK. DISTRICT. 6510 LIB-A-LIGHT INDUSTRIAL BUSINESS PARK. DISTRICT ­ A 6911 OSR - OPEN SPACEIREFUGE DISTRICT. , 7212 TOD - TRANSIT-ORIENTED DEVELOPMENT OVERLAY DISTRICT.. 7513 PARKING REGULATIONS83


14 SIGNS 9415 GENERAL REGULATIONS III16 PROCEDURES AND STANDARDS FOR CONDITIONAL USES 13117 PROCEDURES AND STANDARDS FOR SPECIAL EXCEPTIONS 14218 NONCONFORMING USES, STRUCTURES, LOTS 14619 PERFORMANCE STANDARDS 15020 ADMINISTRATION, ENFORCEMENT, AND AMENDMENT. 15521 ZONING HEARING BOARD 163APPENDIX A. 172APPENDIX B 176APPENDIX C 187SECTION 4: A true and corTect copy of the <strong>Zoning</strong> <strong>Ordinance</strong> for the <strong>Borough</strong> of <strong>Folcroft</strong> isattached hereto and made a part thereof.SECTION 5: Any <strong>Ordinance</strong> and/or parts of <strong>Ordinance</strong>s inconsistent herewith are herebyrepealed.SECTION 6: This <strong>Ordinance</strong> shall take effect immediately following its enactment by the<strong>Borough</strong> Council of the <strong>Borough</strong> of <strong>Folcroft</strong>.ADOPTED this 22 0d day of May, 2007FOLCROFT BOROUGHAttest: /Ju { 1 SeITato~ <strong>Borough</strong> SecretaryAPPROVED the nod day of May, 2007Charles Vivial, Mayor


BOROUGH OF FOLCROFTDELAWARE COUNTY, PAORDINANCE NO.1 002AN ORDINANCE OF THE BOROUGH OF FOLCROFT, DELAWARE COUNTY,PENNSYLVANIA AMENDING THE FOLCROFT BOROUGH ZONING ORDINANCE OF 2007(ORDINANCE NUMBER 995 OF 2007) TO REZONE FOLIO NUMBER 20-00-00465-01 AND 20­00-00465-02 ON DELMAR DRIVE FROM R-2 TOWNHOUSE DISTRICT TO GB GENERALBUSINESS DISTRICT AND TO AMEND THE OFFICiAL ZONING MAP OF THE BOROUGH OFFOLCROFT ACCORDINGLY.WHEREAS, the <strong>Borough</strong> of <strong>Folcroft</strong> adopted <strong>Ordinance</strong> Number 995 of 2007 on or aboutMay 22, 2007 which replaced the existing <strong>Zoning</strong> <strong>Ordinance</strong> with the "<strong>Folcroft</strong> <strong>Borough</strong> <strong>Zoning</strong><strong>Ordinance</strong> of 2007"; andWHEREAS, after adoption of such <strong>Ordinance</strong> it was discovered that certain properties onDelmar Drive in the <strong>Borough</strong> should have been zoned as Business and not Residential moreconsistent with the character of the relevant area; andWHEREAS, the <strong>Borough</strong> wishes to change the current zoning classification of the twoproperties listed below to General Business consistent with the community development objectivesof the <strong>Borough</strong>.NOW THEREFORE, it is hereby ENACTED and ORDAINED as follows:SECTION 1. The <strong>Borough</strong> of <strong>Folcroft</strong> <strong>Ordinance</strong> 995 of 2007 commonly referred to as the"<strong>Folcroft</strong> <strong>Borough</strong> <strong>Zoning</strong> <strong>Ordinance</strong> of 2007" and the zoning map of the <strong>Borough</strong> are herebyamended to change the below listed area from R-2 Townhouse District to GB General BusinessDistrict:


Current Owner Folio Number Location/Description New District<strong>Folcroft</strong> Development 20-00-00465-02 4.6 acres on Delmar Dr. GB General BusinessPartners Tax Map 077-001See Exhibit "A" Legal Description attached hereto and incorporated by referenceGMP Investments, LLC 20-00-00465-01 176 x 176 on Delmar Dr. GB General BusinessTax Map 078-000See Exhibit "B" Legal Description attached hereto and incorporated by referenceSECTION 2. The <strong>Folcroft</strong> <strong>Borough</strong> Engineer is hereby authorized and directed to make anamendment to the official zoning map of the <strong>Borough</strong> of <strong>Folcroft</strong> to carry out the intent and purposeof the <strong>Zoning</strong> <strong>Ordinance</strong> Amendment.SECTION 3. All <strong>Ordinance</strong>s or parts of the <strong>Ordinance</strong> inconsistent herewith are herebyrepealed to the extent of any inconsistency.SECTION 4. This <strong>Ordinance</strong> shall take effect immediately following its enactment by the<strong>Borough</strong> Council of the <strong>Borough</strong> of <strong>Folcroft</strong>.ADOPTED this 21st day of October, 2008.BOROUGH OF FOLCR~:m1APPROVED THIS 21st DAY OF OCTOBER 2008.AnEST.~~~~~--Pd~~"""


TABLE OF CONTENTSCOMMUNITY DEVELOPMENT OBJECTIVES FOR FOLCROFTBOROUGH ........................................................................................................... CDO 1ARTICLEPAGE1 INTRODUCTION100 Title .......................................................................................................... 1101 Purposes .................................................................................................... 1102 Establishment of Districts......................................................................... 2103 Establishment of Controls......................................................................... 2104 <strong>Zoning</strong> Map, District Boundary Lines, and Tolerances............................ 3105 Interpretation............................................................................................. 3106 Municipal Liability ................................................................................... 4107 Severability ............................................................................................... 4108 Repealer .................................................................................................... 4109 Effective Date ........................................................................................... 42 DEFINITIONS200 Interpretation of Language........................................................................ 5201 Definition of Terms................................................................................... 53 R-1 RESIDENTIAL DISTRICT300 District Purposes ....................................................................................... 33301 Uses Permitted by Right ........................................................................... 33302 Uses Permitted by Conditional Use .......................................................... 33303 Uses Permitted by Special Exception ....................................................... 33304 Accessory Uses and Structures ................................................................. 34305 Dimensional Regulations.......................................................................... 34306 Special Development Regulations ............................................................ 354 R-2 TOWNHOUSE DISTRICT400 District Purposes ....................................................................................... 37401 Uses Permitted by Right ........................................................................... 37402 Uses Permitted by Conditional Use .......................................................... 37403 Accessory Uses and Structures ................................................................. 38404 Dimensional Regulations.......................................................................... 38405 Special Development Regulations for Townhouse Developments........... 39406 Maintenance of Public Areas and Open Spaces ....................................... 405 R-3 APARTMENT DISTRICT500 District Purposes ....................................................................................... 43501 Uses Permitted by Right ........................................................................... 43i


TABLE OF CONTENTS(CONTINUED)ARTICLEPAGE502 Uses Permitted by Conditional Use .......................................................... 43503 Uses Permitted by Special Exception ....................................................... 43504 Accessory Uses and Structures ................................................................. 44505 Dimensional Regulations.......................................................................... 44506 Special Development Regulations ............................................................ 456 MC − MUNICIPAL CENTER DISTRICT600 District Purposes ....................................................................................... 47601 Uses Permitted by Right ........................................................................... 47602 Uses Permitted by Conditional Use .......................................................... 48603 Uses Permitted by Special Exception ....................................................... 48604 Accessory Uses and Structures ................................................................. 48605 Dimensional Regulations.......................................................................... 49606 Development Regulations......................................................................... 50607 Future Use of Institutional Land............................................................... 507 RS − RETAIL SERVICE DISTRICT700 District Purposes ....................................................................................... 51701 Uses Permitted by Right ........................................................................... 51702 Uses Permitted by Conditional Use .......................................................... 52703 Accessory Uses and Structures ................................................................. 52704 Prohibited Uses ......................................................................................... 53705 Dimensional Regulations.......................................................................... 53706 Development Regulations......................................................................... 548 GB − GENERAL BUSINESS DISTRICT800 District Purposes ....................................................................................... 57801 Uses Permitted by Right ........................................................................... 57802 Uses Permitted by Conditional Use .......................................................... 58803 Uses Permitted by Special Exception ....................................................... 59804 Accessory Uses and Structures ................................................................. 59805 Dimensional Regulations.......................................................................... 59806 Development Regulations......................................................................... 609 LIB − LIGHT INDUSTRIAL/BUSINESS PARK DISTRICT900 District Purposes ....................................................................................... 61901 Uses Permitted by Right ........................................................................... 61902 Uses Permitted by Conditional Use .......................................................... 62903 Accessory Uses and Structures ................................................................. 62904 Dimensional Regulations.......................................................................... 63ii


TABLE OF CONTENTS(CONTINUED)ARTICLEPAGE905 Special Development Regulations ............................................................ 6410 LIB-A − LIGHT INDUSTRIAL/BUSINESS PARK-A DISTRICT1000 District Purposes ....................................................................................... 671001 Uses Permitted by Right ........................................................................... 671002 Uses Permitted by Conditional Use .......................................................... 671003 Accessory Uses and Structures ................................................................. 681004 Dimensional Regulations.......................................................................... 681005 Special Development Regulations ............................................................ 6811 OSR − OPEN SPACE/REFUGE DISTRICT1100 District Purposes ....................................................................................... 711101 Uses Permitted by Right ........................................................................... 711102 Uses Permitted by Conditional Use .......................................................... 721103 Accessory Uses and Structures ................................................................. 721104 Special Regulations................................................................................... 721105 Dimensional Regulations.......................................................................... 7212 TOD − TRANSIT-ORIENTED DEVELOPMENT OVERLAY DISTRICT1200 District Purposes ....................................................................................... 751201 Applicability ............................................................................................. 751202 Project Layout and Use Mix ..................................................................... 751203 Review Procedure ..................................................................................... 751204 Uses Permitted by Right ........................................................................... 761205 Uses Permitted by Conditional Use .......................................................... 761206 Accessory Uses and Structures ................................................................. 771207 Dimensional Regulations.......................................................................... 771208 Development and Design Standards ......................................................... 7913 PARKING REGULATIONS1300 Purposes .................................................................................................... 831301 Applicability ............................................................................................. 831302 General Regulations for Off-street Parking .............................................. 831303 Required Parking Ratios ........................................................................... 851304 Design Regulations ................................................................................... 891305 Off-site and Shared Parking...................................................................... 901306 Design of Off-street Loading Facilities .................................................... 911307 Screening and Landscaping Requirements ............................................... 92iii


TABLE OF CONTENTS(CONTINUED)ARTICLEPAGE14 SIGNS1400 Purposes .................................................................................................... 951401 Scope and Applicability ........................................................................... 951402 Determination of Sign Size....................................................................... 951403 Sign Restrictions and Standards................................................................ 961404 Signs Not Requiring a Permit ................................................................... 1001405 Signs Requiring a Permit .......................................................................... 1021406 Billboards.................................................................................................. 1081407 Nonconforming Signs ............................................................................... 1091408 Amortization of Nonconforming Signs .................................................... 1101409 Permits and Inspections ............................................................................ 11015 GENERAL REGULATIONS1500 Purpose...................................................................................................... 1131501 Overall Requirements ............................................................................... 1131502 Projections into Required Yards ............................................................... 1131503 Visibility at Corner Lots ........................................................................... 1131504 Accessory Uses and Structures ................................................................. 1141505 No-impact Home-based Businesses.......................................................... 1151506 Community Residence Facilities, Family-based....................................... 1151507 Family Day Care Homes........................................................................... 1161508 Child Day Care Centers ............................................................................ 1171509 Senior Day Care Centers........................................................................... 1191510 Decks......................................................................................................... 1191511 Satellite Antennas ..................................................................................... 1201512 Swimming Pools, Private.......................................................................... 1201513 Fences and Walls ...................................................................................... 1211514 Refuse ....................................................................................................... 1221515 Lighting..................................................................................................... 1221516 Planted Visual Screens.............................................................................. 1221517 Landscaping .............................................................................................. 1231518 Private Clubs............................................................................................. 1251519 Drive-through Establishments .................................................................. 1261520 Condominiums.......................................................................................... 1261521 Compatibility Standards for Uses of the Same General Character........... 1261522 Airport <strong>Zoning</strong> .......................................................................................... 1271523 Cellular Communications Facilities.......................................................... 1271524 Design Standards ...................................................................................... 129iv


TABLE OF CONTENTS(CONTINUED)ARTICLEPAGE16 PROCEDURES AND STANDARDS FOR CONDITIONAL USES1600 Purpose...................................................................................................... 1331601 General Requirements............................................................................... 1331602 Standards for Review of Conditional Uses............................................... 1331603 Requirements for Review Where Standards Are Not Provided................ 1341604 Standards of Proof..................................................................................... 1351605 Impact on the Public Interest .................................................................... 1351606 Expiration of Conditional Use Permits..................................................... 1361607 Churches or Other Religious Uses............................................................ 1361608 Cemeteries................................................................................................. 1361609 Gasoline Service Stations ......................................................................... 1371610 Schools and Colleges ................................................................................ 1381611 Public and Private Swim Clubs................................................................. 1381612 Public Parking Garages............................................................................. 1391613 Funeral Homes or Mortuaries ................................................................... 1391614 Places of Amusement................................................................................ 1401615 Residential Car Washes ............................................................................ 1401616 Health Clubs or Spas................................................................................. 1401617 Assisted Care Facilities............................................................................. 1411618 Adult Uses................................................................................................. 1421619 Office Buildings........................................................................................ 1421620 Hotels ........................................................................................................ 14317 PROCEDURES AND STANDARDS FOR SPECIAL EXCEPTIONS1700 Purpose...................................................................................................... 1451701 General Requirements............................................................................... 1451702 Standards for Review of Special Exceptions............................................ 1451703 Requirements for Review Where Dimensional Standards Are NotProvided .................................................................................................. 1451704 Major Home Occupations......................................................................... 1461705 Apartments Containing More Than Four (4) Units .................................. 1471706 Municipal Facilities, Heavy Impact.......................................................... 14818 NONCONFORMING USES, STRUCTURES, AND LOTS1800 Purpose...................................................................................................... 1491801 Continuation.............................................................................................. 1491802 Enlargement .............................................................................................. 1491803 Change of Use........................................................................................... 1501804 Enclosure................................................................................................... 150v


TABLE OF CONTENTS(CONTINUED)ARTICLEPAGE1805 Abandonment............................................................................................ 1511806 Reconstruction .......................................................................................... 1511807 Repairs and Maintenance.......................................................................... 1511808 Displacement............................................................................................. 1521809 Nonconforming Lots................................................................................. 1521810 Reduction of Lot Area .............................................................................. 1521811 Reduction of a Nonconforming Use ......................................................... 1521812 Nonconforming Signs ............................................................................... 1521813 Registration of Nonconforming Uses ....................................................... 1521814 Ownership................................................................................................. 1521815 Violations.................................................................................................. 15219 PERFORMANCE STANDARDS1900 Purpose...................................................................................................... 1531901 Administration .......................................................................................... 1531902 Performance Standards ............................................................................. 15420 ADMINISTRATION, ENFORCEMENT, AND AMENDMENT2000 Purpose...................................................................................................... 1592001 Administration .......................................................................................... 1592002 Enforcement.............................................................................................. 1612003 Permits ...................................................................................................... 1612004 Amendments ............................................................................................. 16421 ZONING HEARING BOARD2100 Purpose...................................................................................................... 1672101 Administration and Procedure .................................................................. 1672102 Powers of the <strong>Zoning</strong> Hearing Board ....................................................... 1692103 Hearings and Decisions............................................................................. 1692104 Notice of Requirements ............................................................................ 1692105 Elements of Decisions of the Board.......................................................... 1702106 Standards for <strong>Zoning</strong> Hearing Board Action............................................ 1702107 Standards of Proof..................................................................................... 1732108 Expiration of Variances and Special Exceptions...................................... 1742109 Time Limitations and Stay of Proceedings............................................... 1742110 Appeals to Court ....................................................................................... 174APPENDICESAppendix A - Principal Uses Permitted in all <strong>Zoning</strong> Districts*.......................... 177vi


TABLE OF CONTENTS(CONTINUED)APPENDICESPAGEAppendix B - <strong>Zoning</strong> <strong>Ordinance</strong> District Regulations ......................................... 181Appendix C - <strong>Zoning</strong> Illustrations ........................................................................ 193FOLCROFT BOROUGH ZONING MAP .........................................Inside Back Pocketvii


COMMUNITY DEVELOPMENT OBJECTIVESFORFOLCROFT BOROUGHApproved by Resolution 06-21 of 2006Revised by Resolution 06-42 of 2006The Community Development Objectives (CDOs) listed below are intended and designedto guide and set the direction for the actual zoning ordinance provisions that will bedeveloped in 2006.1. Overall CommunityMaintain the <strong>Borough</strong> as an attractive and stable community that is pedestrianfriendly, contains distinct and compact neighborhoods and a variety of housingtypes, commercial, light industrial, and other nonresidential establishments.2. Residential Land Usea. Provide for and encourage a variety of residential uses including singlefamilydetached, twins, and small apartments and apartment developmentslocated near public transit.b. Ensure blight-free neighborhoods by protecting residential areas fromphysical deterioration by adoption of property maintenance ordinances andimprovement of inspection and code enforcement and propertymaintenance programs and procedures.c. Ensure blight-free commercial areas from physical deterioration byadoption of property maintenance ordinances and improvement ofinspection and code enforcement and property maintenance programs andprocedures.d. In the implementation and adoption of a property maintenance programbased upon an adopted property maintenance ordinance, ensure that highpriority deterioration in both residential and commercial areas is addressedfirst. High priority deterioration is defined as the following:• Incomplete window structures – example: boarded, missing glass,failure to be securely fastened, and• High vegetation, specifically grasses in which a health and appearanceissue has arisen.CDO 1


• Deterioration of accessory uses (accessory uses defined as incidentalto the primary use) including, but not limited to: 1) detached garages,2) carports, 3) sheds, and 4) other accessory uses.• Along pedestrian-oriented corridors such as Delmar Drive, amenitiesincidental to the primary use including, but not limited to, sidewalks,signage, etc. that have fallen in to disrepair and present a safetyhazard.• Other immediate or short-term safety issues that affect more than onestructure including, but not limited to: 1) broken downspouts, 2) decksor additions that upon first visual inspection appear to be structurallyunsound, 3) deteriorated fencing, and 4) other deficiencies, includingseasonal items such as grass and snow deemed hazardous orpotentially hazardous or in and of a nature that generates neighbor orcommunity complaints in relation to the adopted property maintenanceordinance.e. In the implementation and adoption of a property maintenance program,ensure that low priority deterioration in both residential and commercialareas is addressed second. Low priority deterioration is defined as thefollowing:• Cracked concrete sidewalks,• Rust located on the primary structure,• Missing handrails where they should exist, and• Other items of deterioration or hazard deemed secondarily importantto the <strong>Borough</strong> as part of a property maintenance program.f. Encourage preservation of residential neighborhoods and discourageerosion of residential character by unregulated or poorly regulated homeoccupations, residential conversions, inappropriate signs, fences, andsimilar uses and structures.g. Prevent widespread high population density and the accompanying trafficcongestion, parking problems, and undue pressure on schools, recreation,public safety, and other community facilities and services by limitinglocations for multi-family and rowhousing. Allow higher densitydevelopment in the form of small apartments and townhouses in thevicinity of public transit and major shopping areas. In this fashion, the<strong>Borough</strong> will direct growth to central areas and stabilizedevelopment/limit density in remaining areas. Generally, high-densitydevelopment will be encouraged in central areas near public transportationand discouraged in residential areas farther from the center of the<strong>Borough</strong>.CDO 2


3. Nonresidential Land Use/Commerce/Industrya. Encourage the controlled expansion of the successful <strong>Folcroft</strong> IndustrialPark by allowing modern, high-tech, and low impact light industrial andbusiness uses representative of the present economic environment.b. Maintain the <strong>Folcroft</strong> Industrial Park in good condition through codeenforcement and encouragement of owners/tenants to take measures tocomply with codes and ordinances and make efforts to maintain orimprove the appearance of buildings and properties.c. Along Delmar Drive, encourage shopping in a centralized area that offersa wide variety of commercial, retail, entertainment, and service and microenterprise uses. Office uses should generally be allowed only above thefirst floor. Auto-related commercial uses should be located along majorroadways outside of the central retail area.d. Along Chester Pike, all types of retail and service uses, both pedestrianandautomobile-related, may be permitted. Apartments and offices may bepermitted above the first floor retail uses.e. Pursue County Renaissance (now Revitalization) Program funding for aTown Revitalization Center along Delmar Drive, as noted in the PlanningArea 4 Action Plan of the Program. It includes streetscape componentssuch as improvements to sidewalks, provision of crosswalks, and trees,bus shelters, pedestrian-oriented lighting, as well as various trafficcalming measures, façade improvements, and similar activities.f. Explore the enactment of the Local Economic Revitalization TaxAbatement Act (LERTA) and its application to designated, deterioratingcommercial and industrial properties. This would encourageredevelopment by exempting the tax on the improvements to properties inthe designated area.4. Housinga. Maintain existing housing stock and properties so as to preventdeterioration of dwellings and decline of neighborhoods through avigorous program of code enforcement.b. Improve the <strong>Borough</strong>’s housing stock by repairing or removingsubstandard residential structures and providing new housing in selectedareas, as both infill and new development.c. Protect residential properties from the impacts of traffic, noise, andadjacent industrial and other high impact uses by regulating permittedCDO 3


uses, landscaping and screening, setback requirements, and other controlmeasures.d. Maintain the current owner-renter ratio by stopping the increase in thenumber of new rental units in comparison to owner-occupied dwellings byinitiating marketing efforts encouraging home ownership. Exploreopportunities in the County Homeownership First Program and promotethe <strong>Borough</strong> as an attractive community for first-time buyers.e. Monitor Section 8 units by regular communication with the DelawareCounty Housing Authority and control existing Section 8 units byrequiring housing education (for tenants) and regular inspection ofproperties (for owners), together with such inspection of all rental units.5. Community Facilities6. <strong>Zoning</strong>a. Review the recreational programs and activities for all ages and proposeadditional and different activities to serve all age groups.b. Resolve to demolish the old, existing municipal building. If demolition isapproved, seek funds for demolition and construction of a much-needednew municipal building.c. Ensure that adequate staffing levels are maintained for the policedepartment and actively recruit volunteers for the fire department.Provide opportunities for technological upgrades and purchases for allEMS personnel. Provide more avenues for police and fire personnelinteraction with the public, especially with the schools, youth recreationalgroups, and senior citizens.d. Consider regionalization of police, fire, and ambulance services.e. Initiate a joint partnership with the Southeast Delco School District, Vo-Tech School, and <strong>Borough</strong> Council in order to expand post high-schoolcareer opportunities for students not interested in pursuing collegeeducation.a. Create a Town Center type zoning district at Delmar Drive, generally fromPrimos Avenue to Ashland Avenue. This district would serve as thecentralized location of a new municipal building/civic center, school,library, police station, a small park or green area, and similar facilities.This Town Center is intended to serve as a hub and activity center formunicipal, civic, educational, and recreational activity in the <strong>Borough</strong>.CDO 4


. Identify areas/districts in which residential conversions should bepermitted.c. Provide limitations on home occupations and professional offices in orderto prevent these facilities from creating negative impacts on residentialareas, such as auto repair home businesses operated in residential areas.d. Where feasible, create a transitional zoning district between the new TownCenter district and nearby residential districts.e. Perform a complete overhaul of the outdated and inadequate existingzoning ordinance of 1955, by way of this <strong>Zoning</strong> <strong>Ordinance</strong> and Map.7. Transportationa. Generally limit areas zoned for commercial and high-density residential tocentral nodes in the <strong>Borough</strong> and assure that traffic lights are synchronizedalong major roads in order to prevent an increase in traffic congestion,particularly along major roads, intersections, and at railroad crossings.b. Employ “traffic calming” measures for slowing or limiting traffic onthrough streets such as stop signs, one-way streets, high visibilitycrosswalks, raised crosswalks, reduced speed limit signs, bike lanes,narrowed traffic lanes, and similar techniques.c. Consider establishment of on-road bike lanes along Delmar Drive andChester Pike. Investigate the possibility of off-road multi-purpose trails,possibly along creek valleys or in the vicinity of the John Heinz WildlifeRefuge, as well as the connection of these facilities to other trails toaccomplish meaningful recreation/transportation linkages.d. Provide sidewalks where none exist, require sidewalks in newdevelopments, and, where feasible, provide walking/jogging trails in<strong>Borough</strong> parks.e. Review traffic signs to determine whether they are clear, in properlocations, and in good condition. Are street signs missing in places?Identify areas/intersections that need “no through traffic” and “local trafficonly” signs to protect residential areas from “cut through” traffic.f. Assess the condition and appearance of the <strong>Folcroft</strong> train station.Determine wheelchair accessibility; bicycle parking; adequacy and clarityof markings for parking spaces; on-site and off-site signage; presence of aticket machine, train schedules, and inter-track fence; and need for otherfacilities or improvements.CDO 5


g. Review bus routes periodically, with a view to providing the best possibleservice for <strong>Borough</strong> riders.h. Review the adequacy of bus shelters and arrange to have new ones erectedwhere needed.i. Advise residents of paratransit services offered by Community Transit ofDelaware County (CTDC), in view of the significant percentage ofelderly in <strong>Folcroft</strong>.8. Environmenta. Formulate a policy for not permitting construction on or nearenvironmentally sensitive areas such as steep slopes, wetlands,floodplains, or areas in close proximity to the John Heinz Wildlife Refuge.b. Pursue any needed funding for repair and replacement of the stormwatersystem components as need arises.c. In cooperation with nearby municipalities, consider the creation of anEnvironmental Advisory Council (EAC) in accordance with Act 148, theEnvironmental Advisory Council Law. The purpose of EACs is to advise<strong>Borough</strong> Council on issues concerning the conservation of naturalresources and other environmental matters.9. Parks and Recreationa. Conduct a study to determine the best possible facilities and redesignalternatives for <strong>Borough</strong> parks to best serve the various age groups andmaximize the value of parks and recreational areas to the community.b. Identify small, vacant, or underutilized lots and select those deemed mostsuitable for development as pocket parks, neighborhood playgrounds, orneighborhood gardens.c. Coordinate with officials of the Southeast Delco School District forcommunity use of District-owned playing fields to supplement the activerecreational areas in the <strong>Borough</strong>.d. Organize a citizens’ association or committee consisting of local officialsand residents to identify needs for recreational programs, activities, andevents for all age groups.CDO 6


10. Intergovernmental Cooperationa. Approach common problems with area municipalities on a roadwaycorridor or watershed basis or a similar rational approach. Savings canoften be attained in purchase of equipment or provision of services byemploying a regional, cooperative approach.b. Consider participating in any future Council of Governments (COG)comprised of neighboring municipalities located along the Chester Pikeand/or MacDade Boulevard corridors.CDO 7


ARTICLE 1INTRODUCTION100 Title101 PurposesThis <strong>Ordinance</strong> shall be known and may be cited as the <strong>Folcroft</strong> <strong>Borough</strong><strong>Zoning</strong> <strong>Ordinance</strong> of 2007.The zoning regulations and districts set forth in this <strong>Ordinance</strong> are designedto achieve the following purposes as stated in the Pennsylvania MunicipalitiesPlanning Code (MPC), Act 247 of 1968, as amended.1. To promote, protect, and facilitate any or all of the following: thepublic health, safety, and general welfare; coordinated and practicalcommunity development and growth and proper population density;guidance on uses of land and structures and type and location ofpublic grounds and facilities; promotion of energy conservationthrough planning practices; the provision of adequate light, water,and air, police and fire protection, transportation, sewerage, andschools; and preservation of the natural, scenic, and historic values inthe environment as well as the preservation of wetlands, aquifers,and floodplains.2. To prevent one or more of the following: overcrowding of land;conditions of blight; danger and congestion in travel andtransportation; or loss of health, life, or property from fire, flood,panic, or other dangers.3. To provide for the use of land within the municipality for residentialhousing of various dwelling types encompassing all basic forms ofhousing, including single-family and a reasonable range of multifamilydwellings in various arrangements.4. To accommodate reasonable overall community growth, includingpopulation and employment growth and opportunities for developmentof a variety of residential dwelling types and nonresidentialuses.1


<strong>Folcroft</strong> <strong>Borough</strong> Code102 Establishment of DistrictsFor the purposes of this <strong>Ordinance</strong>, <strong>Folcroft</strong> <strong>Borough</strong> is hereby dividedinto the following zoning districts:Abbreviation of DistrictName of DistrictR-1 Residential DistrictR-2 Townhouse DistrictR-3 Apartment DistrictMCMunicipal Center DistrictRSRetail Service DistrictGBGeneral Business DistrictLIBLight Industrial/Business ParkDistrictLIB-ALight Industrial/Business Park-ADistrictOSROpen Space/Refuge DistrictTODTransit-oriented Development District103 Establishment of Controls1. Minimum and Uniform RegulationsUnless specifically indicated otherwise, the regulations set forth inthis <strong>Ordinance</strong> shall be minimum regulations and shall applyuniformly to each class or kind of structure or land.2. Proposed Uses and StructuresIn all zoning districts, after the effective date of this <strong>Ordinance</strong>, anynew building or other structure or any tract of land shall beconstructed, developed, and used only in accordance with theregulations specified herein, except where a variance has beenauthorized by the <strong>Folcroft</strong> <strong>Borough</strong> <strong>Zoning</strong> Hearing Board inaccordance with Article 21.3. Existing Uses and StructuresIn all districts, after the effective date of this <strong>Ordinance</strong>, any lawful,existing building or other structure or any tract of land which is not inconformity with the regulations of the district in which it is located2


<strong>Zoning</strong> <strong>Ordinance</strong>Article 1 – Introductionshall be deemed to be nonconforming and subject to the regulationsof Article 18.104 <strong>Zoning</strong> Map, District Boundary Lines, and Tolerances105 Interpretation1. The zoning district locations and boundaries are those that exist onthe legally adopted official <strong>Zoning</strong> Map, a copy of which is attachedhereto and made a part of this <strong>Ordinance</strong>. The original <strong>Zoning</strong> Mapshall be kept on file in the <strong>Folcroft</strong> <strong>Borough</strong> Hall in the office of the<strong>Borough</strong> Secretary. Whenever changes are made in the boundaries orother matter included on the said <strong>Zoning</strong> Map, such changes in themap shall be made by the <strong>Borough</strong> Engineer within thirty (30) daysafter the amendment has been approved by <strong>Borough</strong> Council and allother applicable agencies.2. Where possible, the boundaries between districts shall follow naturalor man-made boundaries and lines. Unless otherwise indicated,boundaries shall be the centerline or extension of the centerline of astreet, alley, or highway, railroad rights-of-way, streams, or othernatural or man-made features that can form logical boundaries todistricts.3. Where a district boundary line divides a lot held in single andseparate ownership at the effective date of this <strong>Ordinance</strong>, the regulationsof the less restricted district shall extend over the portion of thelot in the more restricted district a distance of not more than twentyfive(25) feet from the district boundary.4. Boundaries indicated as appearing to follow platted lot lines shall beconstrued as following such lot lines. The scale of the map shalldetermine distances not specifically indicated on the official <strong>Zoning</strong>Map. In any other circumstance not covered above or in the event ofany uncertainty as to the boundary of any district, the <strong>Zoning</strong> HearingBoard shall interpret the district boundaries.1. In the interpretation and application of the provisions of this<strong>Ordinance</strong>, the said provisions shall be held to be the minimumrequirements for the promotion and protection of the public health,welfare, and safety. Where the provisions of this <strong>Ordinance</strong> imposegreater restrictions than those of any other ordinance or regulation,the provisions of this <strong>Ordinance</strong> shall be controlling. Where theprovisions of any statute, other ordinance, or regulation imposegreater restrictions than this <strong>Ordinance</strong>, the provisions of suchstatute, ordinance, or regulation shall be controlling.3


<strong>Folcroft</strong> <strong>Borough</strong> Code2. In interpreting the language of this <strong>Ordinance</strong> to determine the extentof the restriction upon the use of the property, the language shall beinterpreted, where doubt exists as to the intended meaning of thelanguage written and enacted by the governing body, in favor of theproperty owner and against any implied extension of the restriction.106 Municipal Liability107 Severability108 RepealerThe grant of a permit or approval under this <strong>Ordinance</strong> shall not constitute arepresentation, guarantee, or warranty of any kind by the <strong>Borough</strong> as to thesafety of the proposed use and shall create no liability upon the <strong>Borough</strong>, itsofficials, or employees.If a court of competent jurisdiction shall declare any article, section,subsection, paragraph, clause, or provision of this <strong>Ordinance</strong> invalid, suchdecision shall not affect the validity of this <strong>Ordinance</strong> as a whole or of anyother part.109 Effective DateThe existing zoning regulations, as amended, are hereby repealed.This <strong>Ordinance</strong> shall become effective immediately upon final enactment.4


ARTICLE 2DEFINITIONS200 Interpretation of LanguageUnless otherwise expressly stated, the following words and phrases shallbe construed throughout this <strong>Ordinance</strong> to have the meaning indicatedherein. Words used in the present tense include the future. The singularshall include the plural, and the plural shall include the singular. Theword “building” includes the word “structure.” The phrase “used for”includes “arranged for,” “designed for,” “intended for,” “maintained for,”or “occupied for.” The word “person” includes an individual, corporation,partnership, incorporated association, or any other similar entity. Thewords “includes” or “including” shall not limit the term to the specifiedexamples but are intended to extend their meaning to all other instances oflike kind and character. The words “shall” and “will” are mandatory andnot discretionary, and the word “may” is permissive. Terms not definedherein shall have the meaning customarily assigned to them.201 Definition of TermsIn this <strong>Ordinance</strong>, words, terms, and phrases shall have the followingmeanings:ABANDONMENTWhere a building or land is abandoned for six (6) consecutive months forresidential uses and twelve (12) consecutive months for nonresidentialuses, whereby the owner discontinues the use or occupancy, the buildingor structure shall be declared abandoned and may be required to beremoved. In the case of abandonment of a nonconforming use, Article 18applies.ACCESSORY STRUCTUREA structure detached from a principal building on the same lot andincidental and subordinate to the principal building or use.ACCESSORY USEA use of land or of a building or portion thereof customarily incidental andsubordinate to the principal use of the land or building and located on thesame lot with such principal use.5


<strong>Folcroft</strong> <strong>Borough</strong> CodeADULT USEAny establishment that permits patrons to hear, view, read, lease,purchase, trade, exchange, and/or participate in activities, publications,movies, videotapes, and/or live or televised performances which have astheir dominant theme explicit sexual activities and/or the exhibition ofhuman anatomy which is not normally seen in public or in othercommercial or club-type operations and which may or may not excludeminors by virtue of age. Implicit in this definition are the following:bookstores, movie theaters, restaurants, bars, tattoo parlors, fortune tellers,tarot card readers, body piercing, phrenology, and any other operationwhich qualifies for inclusion by virtue of the above wording, regardless ofthe type of other uses or operations which may also be conducted on or inthe property or properties involved.ALLEYA narrow service access to the rear of urban buildings providing serviceareas, parking access, and utility easements.ALTERATIONAny change or rearrangement in the supporting members of an existingbuilding, such as bearing walls, columns, beams, girders, or interiorpartitions, as well as any change in doors, windows, means of ingress andegress, or any enlargement to or diminution of a building or structure, orthe moving of a building from one location to another.ALTERATION, INCIDENTALModifications to an existing structure that are of a cosmetic nature,replacement of utilities, or rearrangement of nonload-bearing partitions.AMUSEMENT DEVICEAny mechanical, electrical, electromechanical device, machine, orapparatus whatsoever for the playing of games and amusements, whichdevices or apparatus are commonly known as “pinball machines,” “videogames,” and “jukeboxes,” or upon which games are played, or any deviceon which music is played after the insertion therein of a coin or other disc,slug, or token or for which fees are paid to an attendant.6


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsANTENNAAny device or mechanism used in the collection, transmission, routing, orreceiving of telecommunications transmissions, radio signals, or radiofrequency energy, including, but not limited to, use by or provisions ofwireless communications, cellular communications, and personalcommunications services.ANTENNA SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod, or any other structure whichsupports or has attached to it an antenna or antennas.APARTMENT BUILDINGA structure containing three (3) or more apartment units.APARTMENT UNITOne (1) or more rooms with individual access, private bath and kitchenfacilities, comprising an independent, self-contained dwelling unit in abuilding.APPLICANTA landowner or developer, as hereinafter defined, who has filed anapplication for development including his heirs, successors, and assigns.ASSISTED CARE FACILITYResidences for frail individuals that provide rooms, meals, personal care,and supervision of self-administered medication. The facility may alsoprovide other services such as recreational activities, financial services,and transportation.AUTOMOBILE-ORIENTED USEIn contrast to pedestrian-oriented uses, these uses are generally related to,dependent on, or designed to accommodate customers traveling inautomobiles. They are generally located in more remote parts of acommunity than pedestrian-oriented uses. Frequently, amenities such assidewalks, trees, benches, and similar amenities are not provided inlocations where these uses are found. Typical automobile-oriented uses aredrive-through establishments; big box retail establishments; automobilesales, repair, and service; wholesale businesses; and similar uses.7


<strong>Folcroft</strong> <strong>Borough</strong> CodeBASEMENTAn enclosed area located partly or completely below grade. A basementshall be considered a story for the purpose of height measurement if thebasement ceiling is five (5) feet or more above the average grade levelaround the building.BIG BOX RETAILRetail store establishments in freestanding, one-story buildings, with floorareas of one hundred thousand (100,000) square feet or more. Examples ofsuch uses are Walmart, Cosco, and various retail clubs such as Sam’s andsimilar establishments.BILLBOARDA sign which directs attention to a business, commodity, service, orentertainment conducted, sold, or offered at a location other than thepremises on which the sign is located.BOARDThe <strong>Folcroft</strong> <strong>Borough</strong> <strong>Zoning</strong> Hearing Board.BOROUGHThe <strong>Borough</strong> of <strong>Folcroft</strong>.BUFFERA strip of land intended to separate one use or district from another byproviding an open, unobstructed space intended to absorb, shield, or blocknoise, light, view, or other impacts of the use having the greater impact.Buffers shall be planted with grass or other ground cover and may be partof the required yards. Buffers are often employed between a residentialdistrict and an abutting nonresidential district having greater impacts.There shall be no structures, equipment, storage, parking, or trash disposalin buffer areas. Dimensions of buffers shall be as required by the zoningdistrict.BUILDINGAny structure, either temporary or permanent, having a roof or othercovering and designed or used for shelter or enclosure of any person,animal, property, or equipment of any kind.8


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsBUILDING CODE OFFICIAL (BCO)The individual designated by <strong>Borough</strong> Council to enforce the provisionsof the Pennsylvania Uniform Construction Code (UCC) and otherordinances. The BCO may perform duties of the <strong>Zoning</strong> Officer in certaincircumstances outlined in Article 20. The <strong>Borough</strong> Manager is alsoincluded in this term and may perform or direct the performance of certainenforcement functions.BUILDING COVERAGEThe ratio obtained by dividing the gross floor area of all principal andaccessory buildings on a lot by the total area of the lot upon which thebuildings are located.BUILDING HEIGHTThe vertical distance measured from the average level of the groundsurrounding the structure to the top of the highest point of the roof for flatroofs and to the ridge of the gable, hip, and gambrel roofs. Chimneys,spires, towers, steeples, mechanical equipment, tanks, vessels, antennas,and similar projections of the buildings not intended for human occupancyshall not be included in calculating the height, unless specifically statedotherwise in this <strong>Ordinance</strong>.BUILDING LINEA line that is parallel to the street right-of-way line which establishes theactual location of the front wall of the principal building on the lot.BUILDING SETBACK LINEA line parallel to the street right-of-way line at a distance that is equal tothe depth of the front yard required for the district in which the lot islocated.BUSINESS/INDUSTRIAL PARKA tract of land that has been planned, developed, and operated as anintegrated facility for a number of individual industrial or businessestablishments, with special attention to circulation, parking, utility needs,aesthetics, and compatibility.9


<strong>Folcroft</strong> <strong>Borough</strong> CodeCAR WASH, INDUSTRIALA place of business where the primary service is cleaning, washing, andwaxing of commercial vehicles with more than two (2) axles.CAR WASH, RESIDENTIALA place of business where the primary service is cleaning, washing, andwaxing of automobiles and trucks with a maximum of two (2) axles.CELL SITEA tract or parcel of land that contains the wireless, cellular, or personalcommunications service antenna, its antenna support structure, accessorybuildings, and parking and may include other uses associated with andancillary to providing wireless communications, cellular communications,or personal communications services.CELLULAR COMMUNICATIONS FACILITYIncludes, but is not limited to, the antenna, antenna support structures, andcell sites (see “cell site” above).CERTIFICATE OF OCCUPANCYA document issued by a duly authorized local authority allowing theoccupancy of a building and certifying that the structure or use has beenconstructed or will be used in compliance with all applicable local codesand ordinances.CHILD DAY CARE CENTERA facility that is licensed to provide care for seven (7) or more childrenunrelated to the operator, where the child care areas are not being used asa family residence.COMMERCIAL MOTOR VEHICLEA motor vehicle designed or used to transport passengers or property if thevehicle:1. Has a gross vehicle weight rating of twenty-six thousand one(26,001) or more pounds or such lesser rating as the Department ofMotor Vehicles shall adopt under its applicable provisions,2. Is designed to transport ten (10) or more passengers,3. Is a school bus,4. Is transporting hazardous materials,10


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – Definitions5. Is motorized construction equipment,6. Includes snowplow attachments during non-snow events,7. Has permanent decals depicting a for-profit company, and8. Has ladder racks or other general contractor equipment in plainview that is used for commercial purposes.COMMON DRIVEWAYA single driveway providing vehicular access to two (2) or moreproperties. Generally, one half (½) of the driveway is in ownership of oneowner and the other half in ownership of the abutting owner. Newcommon driveways shall not be permitted in the <strong>Borough</strong> after adoption ofthis <strong>Ordinance</strong>.COMMON OPEN SPACELand within or related to a development, not individually owned ordedicated for public use, that is designed and intended for the common useor enjoyment of the residents of the development and their guests. Thisland may include such complementary structures and improvements as arenecessary and appropriate.COMMUNITY DEVELOPMENT OBJECTIVES (CDOs)A reflection of the policy goals and vision of the <strong>Borough</strong> of <strong>Folcroft</strong> infundamental municipal areas such as land use, population density,housing, economic development, transportation, natural resources, andother areas deemed necessary for inclusion by the <strong>Borough</strong> created in lieuof a recent comprehensive plan. The adopted CDOs for the <strong>Borough</strong> arelocated following the Table of Contents in this <strong>Ordinance</strong>.COMPREHENSIVE PLANA comprehensive, long-range plan intended to guide the growth anddevelopment of a community or region, and one that includes analysis,recommendations, and proposals for the community’s population,economy, housing, transportation, community facilities, land use, andrelated areas.CONDITIONAL USEA use specifically listed within this <strong>Ordinance</strong> pursuant to Article IX ofthe MPC and the applicable provisions of Article 16 of this <strong>Ordinance</strong>.<strong>Borough</strong> Council may only authorize such use after meeting therequirements of Article 16 and the MPC.11


<strong>Folcroft</strong> <strong>Borough</strong> CodeCONSTRUCTIONThe building, reconstruction, renovation, repair, extension, expansion,alteration, or relocation of a structure, including the placement of mobilehomes.CONVENIENCE STOREA retail store containing less than five thousand (5,000) square feet ofgross floor area and that is open fifteen (15) to twenty-four (24) hours perday. It is designed to attract and depends upon a large volume of trafficand should have sufficient off-street parking in accordance with Article13.CUBIC CONTENTThe total three (3)-dimensional volume of a building (height multiplied bylength multiplied by width), but excluding that portion of a stack or otherprojection that is higher than the highest point of the principal building.DENSITY, GROSSThe number of dwelling units per acre. This term refers to all of the landwithin the boundaries of a particular area, including streets, rights-of-way,easements, etc.DENSITY, HIGHFor the purposes of this <strong>Ordinance</strong>, this term refers to residentialdevelopment that has over fifteen (15) dwelling units per acre.DENSITY, LOWFor the purposes of this <strong>Ordinance</strong>, this term refers to residentialdevelopment with under seven (7) dwelling units per acre.DENSITY, MEDIUMFor the purposes of this <strong>Ordinance</strong>, this term refers to residentialdevelopment of seven (7) to fifteen (15) dwelling units per acre.DENSITY, NETThe number of dwelling units per acre. This term refers to land within theboundaries of a particular area, but excludes streets, rights-of-way, andeasements in its calculation.12


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsDEVELOPERAny landowner, agent of such landowner, or tenant with the permission ofsuch landowner who makes or causes to be made a subdivision, landdevelopment, or any other development.DEVELOPMENTAny man-made change to improved or unimproved real estate including,but not limited to, buildings, streets, and other paving, utilities, dredging,filling, grading, excavation, or drilling operations and the subdivision ofland.DISTRIBUTION WAREHOUSEAn establishment primarily engaged in the receipt, storage, anddistribution of goods, products, cargo, and materials, including shipmentby rail or motor vehicle.DRIVE-THROUGH ESTABLISHMENTAn establishment which offers in-car service or take-out service including,but not limited to, financial institutions, food stores, and restaurants, butnot including drive-in theaters.DRIVEWAYA private way used exclusively for circulation and ingress and egress to astreet by the landowner or visitors of the lot.DWELLINGA building or unit designed and constructed for residential use.DWELLING, MULTI-FAMILYA building containing three (3) or more dwelling units, including units thatare located above one another.DWELLING, SINGLE-FAMILY ATTACHED (TOWN/ROWHOUSE)A single-family dwelling unit within a building that has at least one (1)party wall in common with other dwelling units in the same row, known asa “townhouse” or “rowhouse.” After the effective date of this <strong>Ordinance</strong>,no such building shall be constructed with more than six (6) attachedunits.13


<strong>Folcroft</strong> <strong>Borough</strong> CodeDWELLING, SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence for onlyone (1) family with yards on all sides of the dwelling.DWELLING, SINGLE-FAMILY SEMI-DETACHED (TWIN)Two (2) dwelling units, each accommodating one (1) family, which areattached side by side by means of a party wall, with each dwelling unithaving only one (1) side yard.DWELLING UNITA grouping of rooms designed, occupied, or intended for occupancy asseparate living quarters, with cooking, sleeping, and sanitary facilitiesprovided within the dwelling unit for the exclusive use of a single familymaintaining a household.ENFORCEMENT NOTICEA notice by an applicable <strong>Borough</strong> official concerning a violation ofexisting law.FAÇADEThe wall of a building exterior that adjoins or fronts on a public street,park, or plaza.FAMILYAny number of individuals living together as a single housekeeping unitwhen said individuals are related by blood, marriage, or adoption,including foster children; or not more than four (4) unrelated individualsliving together as a single housekeeping unit with single kitchen facilities.FAMILY-BASED COMMUNITY RESIDENCE FACILITYA dwelling, licensed by the appropriate state agency, shared by personsrequiring special care and their supervisors, who live together as a singlehousekeeping unit in a family-like environment. This facility is designedto create a residential environment for the developmentally disabled,mentally ill, retarded, handicapped, or similar groups unable to livewithout supervision. The maximum number of residents shall not exceedfour (4), excluding supervisors. These facilities shall not be used toaccommodate persons recovering from the effects of drugs or alcohol orinmates of penal institutions.14


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsFAMILY DAY CARE HOMEA home, other than the child’s own home, operated for profit or not-forprofit,in which child care is provided at any one time to four (4), five (5), orsix (6) children unrelated to the operator. All required certifications and otherrequirements must be met before operation begins.FLOOR AREA, GROSSThe sum of the gross horizontal areas of the several floors of a buildingmeasured from the exterior face of exterior walls or from the centerline ofa wall separating two (2) buildings, but not including interior parkingspaces, loading space for motor vehicles, or any space where the floor-toceilingheight is less than six (6) feet. Gross floor area also includes, but isnot limited to, the following:• An elevator shaft, stairwell, and attic space providing headroom of six(6) or more feet;• The floor areas of roofed terraces, exterior balconies, breezeways, orporches where over fifty (50) percent of the perimeter is enclosed; and• Any floor space used for dwelling purposes no matter where locatedwithin a building.FLOOR AREA, GROSS LEASABLEThe total floor area designed for tenant occupancy and exclusive use,including basements, mezzanines, and upper floors. It is measured fromthe centerline of joint partitions and from outside wall faces.FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevatorshafts, equipment rooms, interior vehicular parking or loading, and allfloors below the first or ground floor, except when used or intended to beused for human habitation or service to the public.FOOD PREPARATION/CATERINGThe preparation, packaging, separation, shrink-wrapping, and vacuumsealingof food items for the purpose of later consumption; or thepreparation, cooking, and baking of raw food items, generally in largequantities, for transport to off-site locations for consumption.15


<strong>Folcroft</strong> <strong>Borough</strong> CodeFOOD STOREA retail establishment that primarily sells food items. A food store shallhave not more than twenty thousand (20,000) square feet of floor area.FREESTANDING BUILDINGAny building located within a development site which is separate fromany group or cluster development on such site and which shall complywith the regulations of the district in which it is located.FRONT-YARD PARKINGAny parking in front of the front building line of a structure, not includingoff-street parking that is provided as part of a driveway and/or garage.GARAGE, PRIVATEAn accessory use which is attached to or an integral part of a residentialbuilding or dwelling unit or an accessory structure used for the storage ofmotor vehicles and other personal property owned and used by theresidents of the residential building or dwelling unit.GARAGE, PUBLICA building or structure available to the general public in which motorvehicles are temporarily stored, but which is not used for the repair ormaintenance thereof.GASOLINE SERVICE STATIONAny area of land, including structures thereon, or any building or partthereof that is used for the sale of gasoline or other motor vehicle fuel oraccessories, and which may include facilities for lubricating, washing, orotherwise servicing motor vehicles, but which shall not include painting,body, and fender repairs.GASOLINE STATION, SELF-SERVICEA property and/or place of business where flammable or combustibleliquids used as motor fuels are stored and dispensed from fixed equipmentinto the fuel tanks of motor vehicles by a person other than the servicestation attendant.16


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsHAZARDOUS MATERIALSThose chemicals or substances that are defined as “physical hazards” or“health hazards” in the most recently adopted version of the UniformConstruction Code.HEALTH HAZARDA classification of a chemical for which there is statistically significantevidence that acute or chronic health effects are capable of occurring toexposed persons. The term “health hazard” includes chemicals that arecarcinogens, toxic or highly toxic agents, reproductive toxins, neurotoxins,agents that are capable of acting on the hematopoietic system, and agentsthat damage the lungs, skin, eyes, or mucous membranes.HOTELA structure in which lodging is provided for the accommodation of guests,offered to the public for compensation, which contains an officesupervised by a person in charge at all hours with a majority of all roomshaving direct access to the outside. “Hotel” does not includeboardinghouse, lodging house, rooming house, personal care home, orgroup home.IMPACT, HEAVYAny use that poses a health hazard, a significant threat from fire, orinvolves the use of hazardous materials in any way that could endangerpersons or property in the event of accidental discharge or combustion.IMPACT, LIGHT OR MEDIUMAny use whose impact is not heavy, as herein defined.IMPERVIOUS SURFACEThe coverage of a lot or tract area by materials that prevent the percolationof water into the soil and generate stormwater runoff, such as buildings,streets, parking areas, driveways, and any other similar surfaces.LABORATORYA research, testing, experimental, or product development facility,provided that any laboratory animals shall, at all times, be kept withincompletely enclosed buildings. All chemical, biological, or othersubstances, emissions, or by-products of the procedures or operations17


<strong>Folcroft</strong> <strong>Borough</strong> Codeconducted within the laboratory shall be confined to the facility and not bepermitted to escape or be emitted outside the facility.LANDSCAPED PLANTING AREAAn area landscaped with grass, ground cover, shrubs, or similar plantingsplaced where required by this <strong>Ordinance</strong> and permanently maintained.LIGHT INDUSTRYIndustrial processes where the finished item, material, or product does notexceed thirty (30) cubic feet which are conducted in an enclosed buildingand comply with Article 19.LOADING SPACEAn off-street space or berth for the loading or unloading of commercialvehicles. Such spaces shall comply with Article 13.LOTA parcel of land that is or may be occupied by a building and/or accessorystructure or use, including open spaces and setbacks as are required withinthe district in which the lot is located.LOT AREAThe total horizontal area within the lot lines of a parcel.LOT, CORNERA lot bounded by intersecting streets on at least two (2) sides. Both yardsadjacent to streets shall be considered front yards.LOT COVERAGEThe percentage of a lot that is covered by all combined structures, paving,or any impervious surface. Also see definition of “impervious surface.”LOT DEPTHThe distance along a straight line measured from the midpoint of the frontlot line to the midpoint of the rear lot line.18


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsLOT LINEA line of public record bounding a lot that divides one lot from another lotor from a public or private street or any other public space.LOT LINE, FRONTThe line separating the lot from the street right-of-way.LOT LINE, REARAny lot line, except the front lot line, which is parallel to, or within fortyfive(45) degrees of being parallel to, the front lot line and does notintersect any street line, except in the case of corner lots.LOT LINE, SIDEAny lot line that is not a front or rear lot line.LOT, MINIMUM AREA OFThe smallest allowable lot area as established by this <strong>Ordinance</strong> on whicha use or structure may be located in a particular district.LOT WIDTHThe horizontal distance between the side lot lines measured at right anglesto the lot depth at the building setback line.MIXED USEIn districts where permitted, the placement of a residential or office useabove or adjacent to a commercial use that is generally required to occupythe ground floor.MIXED USE DEVELOPMENTA single building containing more than one (1) type of land use or a singledevelopment of more than one (1) building and use, where different typesof land uses are in close proximity, planned as a unified complementarywhole, and functionally integrated by shared vehicular and pedestrianaccess, parking areas, landscaping, and other features.19


<strong>Folcroft</strong> <strong>Borough</strong> CodeMULTI-TENANT BUILDINGA building designed or converted to accommodate three (3) or morecommercial tenants. Each tenant shall operate a use that is permitted in thedistrict where the building is located.MUNICIPAL FACILITIES, HEAVY IMPACTMunicipal facilities that require storage, repair, parking of trucks, cars,heavy equipment, and materials for municipal purposes.MUNICIPALITIES PLANNING CODE (MPC)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 ofPennsylvania that replaces, supplements, or repeals any or all of theprovisions of Act 247. This law controls planning, zoning, and landdevelopment in Pennsylvania.NEW CONSTRUCTIONA structure for which construction was started after the effective date ofthis <strong>Ordinance</strong> and includes any subsequent improvements to suchstructures.NO-IMPACT HOME-BASED BUSINESSA business or commercial activity that is clearly secondary to theresidential use and in which no persons other than members of the residentfamily are engaged. The use shall not provide for on-site parking inaddition to that required for the residential use. No equipment is usedother than that normally used for household or general office use.NONCONFORMING BUILDING OR STRUCTUREA building or structure that does not comply with the provisions of this<strong>Ordinance</strong>, as amended, where such building or structure lawfully existedprior to the effective date of this <strong>Ordinance</strong> or of amendments thereafter.NONCONFORMING LOTAny lawful lot that does not conform to one or more of the applicableprovisions of the district in which it is located, either on the effective dateof this <strong>Ordinance</strong> or of amendments thereafter.20


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsNONCONFORMING USEA use, whether of land or a structure, which does not comply with theapplicable provisions of this <strong>Ordinance</strong>, where such use was lawfully inexistence prior to the effective date of this <strong>Ordinance</strong> or amendmentsthereafter.OFFICIAL MAPA map adopted by ordinance by <strong>Borough</strong> Council pursuant to Article IVof the MPC.PARKING SPACEA reasonably level space, having a surface slope not exceeding six (6)percent, used for the parking of motor vehicles. Such space shall have anarea as listed in Article 13 that shall be exclusive of passageways,driveways, or other means of circulation or access.PEDESTRIAN-ORIENTED CONVENIENCE RETAILA small retail store or shop having a floor area of not more than fivehundred (500) square feet and intended to serve users of the variousinstitutional uses in the MC – Municipal Center district and passingpedestrians.PEDESTRIAN-ORIENTED USERetail/commercial uses that promote and encourage walking, windowshopping,and general pedestrian activity. Examples of these uses arerestaurants, retail stores, food stores, service establishments, and similarbusinesses. These pedestrian-oriented establishments should be located incentralized areas and rely mainly on customers from nearbyneighborhoods who could walk to these establishments. Attractive paving,sidewalks, adequate lighting, plazas, benches, and additional shade treesare an integral part of pedestrian-oriented commercial development.In <strong>Folcroft</strong>, the RS – Retail Service district is the principal district thatprovides for and encourages pedestrian-oriented uses. The MC –Municipal Center district contains provisions that encourage walking andoverall pedestrian activity to a certain extent.21


<strong>Folcroft</strong> <strong>Borough</strong> CodePERMITWritten municipal permission issued by the appropriate local officialempowering the holder thereof to do some act not forbidden by law, butnot permitted without such authorization.PERSONAL SERVICE SHOP OR ESTABLISHMENTA business engaged in providing services involving the care or appearanceof a person, his or her clothing, or similar personal needs. Included in thisdefinition are barber, beautician, shoe repair, laundry or cleaner, or similarestablishment, but not including a tattoo parlor, massage parlor, bodypiercingestablishment, or health club/spa.PHYSICAL HAZARDA chemical that is a combustible liquid, compressed gas, cryogenic,explosive, flammable gas, flammable liquid, flammable solid, organicperoxide, oxidizer, or unstable or water-reactive material.PLANNED RESIDENTIAL DEVELOPMENT (PRD)An area of land developed as a single entity in conformity with a finaldevelopment plan by a developer or group of developers acting jointly,which is totally planned to provide for a variety of residential uses andcommon open space.PLANNING COMMISSIONThe Planning Commission of the <strong>Borough</strong> of <strong>Folcroft</strong>.PLANTED VISUAL SCREENA strip of trees, hedges, or other plantings adjacent to the boundary of aproperty which, at time of planting, shall be not less than six (6) feet highand of sufficient density to constitute an effective visual screen andthereby give visual protection to abutting properties. Such screen shallconsist primarily of dense evergreens that shall be planted not farther thanseven (7) feet from one another and shall be permanently maintained.Deciduous trees may be added to create interest and variety.PLAZAAn open space that may be improved and landscaped, usually surroundedby streets, buildings, and/or one (1) or more walls.22


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsPRINCIPAL BUILDING OR USEA building or use which is the primary building or use on a lot asdistinguished from a building or buildings relating to an accessory,incidental, or subordinate use.PRIVACY FENCEA fence, including any gates, constructed of solid material through whichno visual images may be seen.PRIVATE COMMERCIAL SCHOOLA building or group of buildings that does not secure the majority of itsfunding from any governmental agency. Included in this term are tradeschools such as beauty salons, truck driving, and others of a similar nature.PROFESSIONAL OFFICEThe office of a member of a recognized profession maintained for theconduct of that profession, such as a doctor, dentist, lawyer, and othersimilar professions.PUBLIC HEARINGIn accordance with the MPC, a formal meeting held pursuant to publicnotice by <strong>Borough</strong> Council or the Planning Commission, intended toinform and obtain public comment prior to taking action in accordancewith this Act.PUBLIC IMPROVEMENTSAll roads, streets, walkways, sidewalks, gutters, curbs, sewers, waterlines,stormwater management facilities, landscaping, street lighting, trafficcontrol devices, and other facilities to be dedicated to or maintained by the<strong>Borough</strong> of <strong>Folcroft</strong>.RECREATIONAL AREAA place designed and equipped for the conduct of sports, leisure timeactivities, and other customary and usual recreational activities.RELIGIOUS ESTABLISHMENTA building or use used as a place of religious worship and teaching, whichmay include schools, day care centers, auditoriums, residences for persons23


<strong>Folcroft</strong> <strong>Borough</strong> Codeserving the particular facility, and recreational facilities.RESTAURANT, STANDARD OR SIT-DOWNAny premises used for the sale, dispensing, and/or serving of food,refreshments, or beverages where the customer is normally involved withan individual menu and is served by a restaurant employee at the table,booth, or counter at which said items are consumed.RIGHT-OF-WAY (ROW)Land acquired by reservation, dedication, prescription, condemnation, orother legal manner and occupied, or intended to be occupied, by a street,crosswalk, electric transmission line, oil or gas pipeline, waterline,watercourse, or similar uses.RIGHT- OF -WAY LINEThe line that forms the boundary of a right-of-way.ROOF LINEThe line the marks the lowest point of the roof.ROOF RIDGE LINEThe line that marks the highest point of the roof. This term is applicableto most roofs other than flat roofs.SATELLITE ANTENNAAn antenna together with all attachments and parts, the purpose of whichis to receive communication from orbiting satellites. See also “cell site.”SENIOR DAY CARE CENTERA facility which provides out-of-home care to four (4) or more elderly ordisabled adults for not more than sixteen (16) consecutive hours on anygiven day. Such facilities may also offer recreational and educationalprograms.SETBACKThe distance between the street right-of-way line or a lot line and anybuilding on a lot or tract.24


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsSETBACK, REQUIREDThe minimum distance from the street right-of-way line or any other lotline that establishes the area, commonly known as the “buildingenvelope,” within which the principal structure must be erected or placed.SHOPPING CENTERA group of predominantly retail establishments planned, constructed, andmanaged as a total entity, including both attached buildings andfreestanding buildings, with customer and employee parking provided onsite.SIGNAny object, device, display, or illustration 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, numbers, or symbols.SIGN, ADVERTISING CLOTHA sign that has its letters or design applied to cloth, canvas, or otherflexible material that is durable and weather resistant.SIGN AREAThe entire face of a sign including the advertising surface and framing,trim, or molding, but not including the supporting structure.SIGN, AWNING OR CANOPYA sign that is mounted or painted on or attached to an awning, canopy, orother fabric, plastic, or structural protective cover over a door, entrance,window, or outdoor service area.SIGN, CHANGEABLE COPYA sign or portion thereof with characters, letters, or illustrations that canbe changed or rearranged without altering the face or the surface of thesign. A sign on which the message changes more than eight (8) times perday shall be considered an animated sign and not a changeable copy signfor purposes of this <strong>Ordinance</strong>. A sign on which the only copy thatchanges is an electronic or mechanical indication of time or temperatureshall be considered a “time and temperature sign” and not a changeablecopy sign for purposes of this <strong>Ordinance</strong>.25


<strong>Folcroft</strong> <strong>Borough</strong> CodeSIGN, CURB OR SIDEWALKA movable sign that is not secured or attached permanently to the ground.SIGN, DIRECTIONALA sign limited to directional messages principally for pedestrians orvehicular traffic, such as “entry,” “exit,” “one way,” “loading,” “servicearea,” “fire lanes,” “parking,” or a similar sign incidental to the primaryuse and not itself advertising or naming that use except as required by law.SIGN FACEThe area or display surface used for the message.SIGN, FREESTANDINGA detached sign which shall include any sign placed upon or in theground, supported by a post, stake, etc., and not attached to any building.SIGN, GROUNDA freestanding sign other than a sign supported by a post or pylon placedupon or supported by the ground independent of any other structure.SIGN, IDENTIFICATIONA sign giving the nature, logo, trademark, or other identifying symbol,address, or any combination of the name, symbol, and address of abuilding, business, development, or establishment on the premises where itis located.SIGN, ILLUMINATEDA sign lighted by or exposed to artificial lighting either by lights on or inthe sign or directed towards the sign.SIGN, INCIDENTALA sign, generally informational, that has a purpose secondary to the use ofthe property on which it is located, such as “no parking,” “entrance,”“loading only,” “telephone,” and other similar directives. No sign with acommercial message legible from a position off the lot on which a sign islocated shall be considered incidental.26


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsSIGN, MENUA sign that depicts the menu of food and/or drink for sale at an eating ordrinking establishment.SIGN, MULTI-FACEDA sign with two (2) or more display areas or sides on which messages canbe displayed.SIGN, NAMEPLATEA sign indicating only the name and/or profession and address of theperson(s) residing or legally occupying the premises.SIGN, NEONA sign that is internally lighted by lamps, bulbs, tubes, etc. that are filledwith neon gas. Neon signs are prohibited throughout the <strong>Borough</strong>.SIGN, OFFICIAL/TRAFFICAny sign installed by a municipal or governmental agency and intended todirect or control traffic; identify streets, parks, and historical events; orprovide other information deemed necessary by that official agency.SIGN, PROJECTINGA sign that is wholly or partly dependent upon a building for support andwhich projects more than twelve (12) inches from such building. After theeffective date of this <strong>Ordinance</strong>, projecting signs shall not be erected orplaced in the <strong>Borough</strong>.SIGN, SALES OR PRICE CHANGEA type of temporary sign that has a high turnover, such as thoseadvertising “sales” and frequent price changes. These signs are mostcommonly found on windows/doors of supermarkets, grocery stores, andbeverage distributors. In most cases, these signs are constructed of paper,cardboard, or other lightweight materials.SIGN, SANDWICH BOARD (A-FRAME)A movable sign consisting of two (2) faces, possibly hinged at the top.27


<strong>Folcroft</strong> <strong>Borough</strong> CodeSIGN STRUCTUREThe supports, uprights, braces, and framework of the sign.SIGN, TEMPORARYA sign that is used in connection with an event, situation, or circumstancethat is designed or intended to take place or be completed within thirty(30) days after the permit for the sign was issued or is intended to remainon the location where it is placed or erected for not more than thirty (30)days.SIGN, TIME AND TEMPERATUREA sign that electronically displays the time and temperature.SIGN, WALLA sign posted on, suspended from, or otherwise affixed to a wall orvertical surface of a building that does not project more than twelve (12)inches from the wall or vertical surface to which it is attached. Signs shallnot be painted on any surface.SIGN, WINDOWA sign attached or affixed to a window or door.SPECIAL EXCEPTIONAn authorized use that may be granted only by the <strong>Zoning</strong> Hearing Boardin accordance with express standards and criteria in accordance withArticles 17 and 21 of this <strong>Ordinance</strong>.STREETA public or private way used or intended to be used as a means ofvehicular and pedestrian travel and access to abutting properties and spacefor public utilities that is maintained in compliance with all <strong>Borough</strong>requirements for public or private streets.STREET, EXTERIORA public way serving or abutting the exterior areas of a site.28


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsSTREET, INTERIORA public or private way serving the internally developed areas of a site.STREET LINEThe line dividing the street and the abutting property. The street line shallbe the same as the street right-of-way line.STRUCTUREAnything constructed or erected with a fixed location on the ground orattached to something having a fixed location on the ground.SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO)The most recently adopted document that addresses subdivision and landdevelopment either within a specific municipality or for the County as awhole.SUPERMARKETA large retail establishment that primarily sells food and otherconvenience and household goods. A supermarket shall have not less thantwenty thousand (20,000) square feet of floor area and may contain branchbanking facilities, video rentals, a pharmacy, and eating areas.SWIMMING POOL, PRIVATEAny body of water, tank, or receptacle of water having a depth at anypoint of greater than two (2) feet used or intended to be used forswimming or bathing solely by the owner, his family, and guests of thehousehold and that is constructed, installed, established, or maintainedoutside any building in or above the ground upon any premises as anaccessory use to the residence. Also see “swimming pool, wading.”SWIMMING POOL, WADINGSmall and sometimes portable pools generally intended for and used bychildren that do not comply with the above definition for privateswimming pools and the requirements in Article 15.TOWERAny pole, telescoping mast, monopole, tower, tripod, or any otherstructure that is erected.29


<strong>Folcroft</strong> <strong>Borough</strong> CodeTOWNHOUSE BUILDINGA building containing single-family attached dwelling units (townhouseunits) in which each townhouse unit is attached only by a party wall orwalls to one (1) or two (2) other townhouse units. Townhouse buildingserected after the effective date of this <strong>Ordinance</strong> shall contain not morethan six (6) attached units.TRACTAn area, lot, parcel, site, or property which is the subject of a subdivisionand/or land development.TRACT AREAThe total acreage of a subdivision or land development. Tract area shall bemeasured to the ultimate right-of-way line of public streets.TRANSIT-ORIENTED DEVELOPMENT (TOD)A development approach locating higher density residential and mixeduses at strategic points along the regional transit system. The design andlocation of a TOD and the mix of uses emphasize a pedestrian-friendlyenvironment and reinforce the use of public transportation.UNIFIED DEVELOPMENTA tract of land developed, operated, and maintained as a single entity andcontaining two (2) or more structures to accommodate retail, service,commercial, office, industrial, and residential uses. The developmentshall have common accessways, parking areas, and landscaping and shallbe developed following a common architectural scheme.USEThe specific purpose for which land or a building is designed, arranged, orintended or for which it may be occupied or maintained. The term“authorized use” or its equivalent shall not be deemed to include anynonconforming use.USE, AUTHORIZEDAny use allowed by this <strong>Ordinance</strong> as a use by right, accessory use,conditional use, or use by special exception.30


<strong>Zoning</strong> <strong>Ordinance</strong>Article 2 – DefinitionsUSE, PRINCIPALThe specific primary purpose for which a lot or site is used.VARIANCERelief granted pursuant to Articles VI and IX of the MPC and Article 21of this <strong>Ordinance</strong>.WALKWAYA hardscaped pedestrian path of a width required in this <strong>Ordinance</strong> thatdoes not follow a course parallel to the public street, as in the case of asidewalk.YARDAn unobstructed open space on the same lot with a principal building thatextends from a street line or lot line inward to and around the principalbuilding.YARD, FRONTA yard extending the full width of the lot, the depth of which extends fromthe front lot line to the nearest point of the principal building. Yardsadjacent to both streets on corner lots shall be considered front yards.YARD, INTERIORThe area between a parking lot or an interior driveway in a developmentand a principal building(s).YARD, PERIMETERThe area between the public street abutting a development and a principalbuilding(s).YARD, REARA yard extending the full width of the lot, the depth of which extends fromthe rear lot line to the nearest point of the principal building.YARD, REQUIREDThe open space between a lot line and the buildable area or “buildingenvelope” within which the principal structure must be erected or placed.31


<strong>Folcroft</strong> <strong>Borough</strong> CodeYARD, SIDEA yard extending between the inside lines of the front and rear yards andin width from the side lot line to the nearest point of the principal building.ZONING DISTRICTAn area in the <strong>Borough</strong> of <strong>Folcroft</strong> in which regulations under this<strong>Ordinance</strong> uniformly apply, including overlay districts.ZONING OFFICERThe person appointed by <strong>Borough</strong> Council in accordance with the MPCwhose duty it shall be to administer this <strong>Zoning</strong> <strong>Ordinance</strong> and such otherordinances as may be assigned by Council.ZONING ORDINANCEAn ordinance that divides the <strong>Borough</strong> or other units of local governmentinto areas or zones that specify allowable uses for real property, alongwith size and locational restrictions for buildings within these areas.ZONING PERMITWritten permission issued by the <strong>Zoning</strong> Officer or other appropriatemunicipal official empowering the holder thereof to erect or alter abuilding or structure, including signs and fences, to change the use of abuilding or land, and to change or extend a nonconforming use. Alsoknown as a “Use Registration Permit” in the <strong>Borough</strong> of <strong>Folcroft</strong>.32


ARTICLE 3R-1 RESIDENTIAL DISTRICT300 District PurposesThe purpose of the R-1 Residential district is to provide for mediumdensityresidential development. The regulations are designed to stabilizeand protect the residential characteristics of the district and to encourage asuitable environment for residential activities. The district also allows forrecreational and park areas and selected nonresidential uses, provided thatthey are permitted by conditional use.301 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. Single-family detached dwelling.2. Single-family semi-detached dwelling (twin).3. Family based community residence facility, subject to Section1506.4. Recreational, park, or play area.302 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16:1. Church or other religious use, including rectory, classrooms forreligious instruction, or similar customary religious activities,subject to Section 1607.2. Cemetery, subject to Section 1608.303 Uses Permitted by Special ExceptionThe following uses shall be permitted by special exception only, subject tothe applicable requirements of Articles 17 and 21, respectively:1. Major home occupation, subject to Section 1704.33


<strong>Folcroft</strong> <strong>Borough</strong> Code304 Accessory Uses and StructuresThe following uses shall be permitted as accessory uses, subject to allapplicable requirements of Article 15, General Regulations, and otherArticles as noted below:1. Off-street parking, subject to Article 13.2. Family day care home, subject to Section 1507.3. Garage for residential use, subject to Section 1504.4. Storage shed, subject to Section 1504.5. Fence, subject to Section 1513.6. Private swimming pool, subject to Section 1512.7. Satellite antenna, subject to Section 1511.8. Sign, subject to Article 14.9. No-impact home-based business, subject to Section 1505.10. Any accessory use or structure on the same lot with andcustomarily incidental to any of the uses permitted above in thisdistrict and not detrimental to the neighborhood.305 Dimensional Regulations1. Single-family detached dwellinga. Lot area -- Five thousand (5,000) squarefeetb. Lot width -- Fifty (50) feetc. Building coverage -- Thirty (30) percent maximumd. Impervious surface -- Fifty (50) percent maximume. Front yard -- Twenty (20) feetf. Rear yard -- Twenty-five (25) feet34


<strong>Zoning</strong> <strong>Ordinance</strong>Article 3 – R-1 Residential Districtg. Side yard -- Twenty (20) feet aggregateand eight (8) feet minimumh. Height -- Three (3) stories or thirty-five(35) feet maximum2. Single-family semi-detached dwelling (twin)a. Lot area -- Three thousand (3,000)square feetb. Lot width -- Thirty (30) feetc. Building coverage -- Forty (40) percent maximumd. Impervious surface -- Sixty (60) percent maximume. Front yard -- Twenty (20) feetf. Rear yard -- Twenty-five (25) feetg. Side yard -- Ten (10) feet on one (1) sideh. Height -- Three (3) stories or thirty-five(35) feet maximum306 Special Development Regulations1. The area of the rear yard directly behind the principal dwellingshall not be used for parking, storage, or repair of automobiles,trucks, boats, mobile homes, trailers, or similar vehicles, except fora period not longer than ten (10) consecutive days. Such vehiclesshall be parked in the side yard behind the front building line of theprincipal dwelling or within five (5) feet of the rear lot line.2. Access shall be provided by individual driveways to servedwellings or other permitted uses. No common driveways shall bepermitted.35


ARTICLE 4R-2 TOWNHOUSE DISTRICT400 District PurposesThe purpose of the R-2 Townhouse district is to provide for medium- andhigh-density residential development in the form of townhouses andtownhouse development. A secondary purpose is to allow single-familydetached and single-family semi-detached (twin) dwellings. Theregulations are designed to stabilize and protect the residentialcharacteristics of the district, encourage a suitable environment forresidential activities, and accommodate the impacts from higher densitydevelopment in the form of attached dwellings. The district provides forrecreational and park areas and also allows selected nonresidential uses byconditional use.401 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. Single-family attached dwelling (townhouse), in the form ofindividual townhouses or townhouse development.2. Single-family semi-detached dwelling (twin).3. Single-family detached dwelling.4. Family-based community residence facility, subject to Section1506.5. Recreational, park, or play area.402 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16:1. Church or other religious use, including rectory, classrooms forreligious instruction, or similar customary religious activities,subject to Section 1607.37


<strong>Folcroft</strong> <strong>Borough</strong> Code403 Accessory Uses and StructuresAll accessory uses and structures permitted in Section 304 in the R-1Residential district shall also be permitted in the R-2 Townhouse district.404 Dimensional RegulationsUnless otherwise specified, the following shall be minimum requirements:1. Single-family Attached Dwelling (townhouse)a. Lot area -- Two thousand (2,000)square feetb. Lot width -- Twenty (20) feetc. Front yard -- Twenty (20) feetd. Side yard -- Twenty-five (25) feetat the end of a rowand traversed by anaccess drivewaye. Rear yard -- Twenty-five (25) feetf. Distance betweenbuildings -- Twenty (20) feetg. Building coverage -- Fifty (50) percentmaximumh. Impervious surface -- Seventy (70) percentmaximumi. Units in row -- Six (6) maximumj. Height -- Thirty-five (35) feetor three (3) stories, orconsistent with prevailingheight2. Single-family Semi-detached Dwelling (twin)As required by Section 305.2 for single-family semi-detacheddwellings in the R-1 district.38


<strong>Zoning</strong> <strong>Ordinance</strong>Article 4 – R-2 Townhouse District3. Single-family Detached Dwellings (single detached)As required by Section 305.1 for single-family detached dwellingsin the R-1 district.405 Special Development Regulations for Townhouse Developments1. The site shall be not less than three (3) contiguous acres.2. Open Spacea. Not less than twenty-five (25) percent of the net area of thetract shall be devoted to common open space.b. Where feasible, not less than twenty-five (25) percent of thecommon open space shall be usable by the residents for activeor passive recreation.3. Variations in Setback and Designa. In each townhouse development, not more than two (2)consecutive units shall have the same roof line or front setbackline.b. Variations in setback shall be not less than four (4) feet.c. Dwelling units shall be distinguished from adjacent units insome appropriate manner such as varying unit width, usingdifferent exterior materials, or providing a differentarrangement of entrances or windows.d. In order to avoid a monotonous linear arrangement andfacilitate privacy, buildings shall not be placed parallel to oneanother or in a straight linear fashion.4. Architectural Plansa. The developer or applicant shall submit an architectural plan aspart of the final development plan submittal for the townhousedevelopment.b. Any architectural plans shall be consistent with the lastestDelaware County Land Development and Subdivision<strong>Ordinance</strong> as it now exists or may be adopted in the future.39


<strong>Folcroft</strong> <strong>Borough</strong> Code5. Landscapinga. Any part of the site not covered by buildings, parking, or otherpaved areas shall be landscaped with trees, shrubs, or groundcover in accordance with a landscaping plan consistent with thelatest Delaware County Land Development and Subdivision<strong>Ordinance</strong> that shall be reviewed by the Planning Commission.b. Trees and/or shrubs shall be planted in areas of high visibilitysuch as along entrance driveways, in front of buildings,between and within parking areas, and along the tractboundaries. Landscaping shall comply with Section 1517.6. Lightinga. All internal roads, driveways, parking, and pedestrian facilitiesmust be properly lighted to assure safe conditions and securityfor residents.b. Lighting facilities shall be provided and arranged in a mannerthat will protect the internal road and townhouses fromexcessive glare.7. Internal roads, driveways, and parking areas shall be located notless than twenty (20) feet from any principal townhouse building.8. All refuse shall be placed in covered, vermin-proof containers thatshall be screened from the roads, sidewalks, and adjacentproperties by a planted visual screen or opaque privacy fence.9. Off-street parking shall comply with Article 13, and signage shallcomply with Article 14.406 Maintenance of Public Areas and Open SpacesAll public areas and open spaces that are part of the townhousedevelopment shall be attractively maintained, and such maintenance shallbe performed as follows:1. Where the ownership of the development remains in one (1) personor entity for the purpose of leasing individual dwelling units, thatperson or entity shall have the sole responsibility for properlymaintaining all common areas (open space, parking areas, etc.) inthe development.40


<strong>Zoning</strong> <strong>Ordinance</strong>Article 4 – R-2 Townhouse District2. Where all individual dwelling units are conveyed in fee,responsibility for maintenance of the common areas shall be uponan entity such as a homeowners association, trust, or such otherorganization deemed capable of carrying out its responsibilities bythe <strong>Borough</strong> Solicitor.3. Where the common areas are dedicated to and accepted by the<strong>Borough</strong>, the <strong>Borough</strong> shall maintain such areas.41


ARTICLE 5R-3 APARTMENT DISTRICT500 District PurposesThe purpose of the R-3 Apartment district is to provide for medium- andhigh-density residential development in the form of small apartments andto allow for larger apartment buildings and apartment complexes byspecial exception. A secondary purpose is to provide for townhouses as ause permitted by right. Consistent with the Community DevelopmentObjectives, much of this higher density residential development isintended to be located in the vicinity of the local train station and alongbus routes. District regulations are also designed to stabilize and protectthe residential characteristics of the district, encourage a suitableenvironment for residential activities, and allow for parks and recreationaluses.501 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. Apartment, containing not more than four (4) units.2. Single-family attached dwelling (townhouse).3. Recreational, park, or play area.502 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16:1. Church or other religious use, including rectory, classrooms forreligious instruction, or similar customary religious activities,subject to Section 1607.503 Uses Permitted by Special ExceptionThe following uses shall be permitted by special exception only, subject tothe applicable requirements of Articles 17 and 21, respectively.1. Apartments containing more than four (4) units, subject to Section1705.43


<strong>Folcroft</strong> <strong>Borough</strong> Code504 Accessory Uses and StructuresThe following uses shall be permitted as accessory uses, subject to allapplicable requirements of Article 15, General Regulations, and otherArticles as noted below.1. Off-street parking, subject to Article 13.2. Garage for residential use, subject to Section 1504.3. Storage shed, subject to Section 1504.4. Fence, subject to Section 1513.5. Swimming pool for use of apartment residents or privateswimming pool, subject to Section 1512.6. Satellite antenna, subject to Section 1511.7. Sign, subject to Article 14.8. No-impact home-based business, subject to Section 1505.9. Any accessory use or structure on the same lot with andcustomarily incidental to any of the uses permitted above in thisdistrict and not detrimental to the neighborhood.505 Dimensional Regulations1. Apartmentsa. Lot area -- Two thousand five hundred(2,500) square feet per unitfor the first four (4) dwellingunits and two thousand(2,000) square feet per unitfor each additional unitb. Lot width -- One hundred fifty (150) feetc. Yards (front, side, -- Twenty-five (25) feet eachrear)d. Impervious surface -- Sixty-five (65) percent maximum44


<strong>Zoning</strong> <strong>Ordinance</strong>Article 5 – R-3 Apartment Districte. Height -- Four (4) stories or forty-five(45) feet or five (5) stories orfifty-five (55) feet when thebuilding is set back fifty (50)feet or more2. TownhousesAs required by Section 404.1 of the R-2 Townhouse district.506 Special Development Regulations1. There shall be a planted visual screen, as defined in Article 2,which shall be placed where a proposed apartment developmentabuts adjacent single-family dwellings, uses, or districts that allowsingle-family dwellings.2. Not less than thirty-five (35) percent of the total lot areas shall belandscaped, in accordance with a landscaping plan, as required inSection 1517.3. Off-street parking shall comply with Article 13, and signage shallcomply with Article 14.45


ARTICLE 6MC – MUNICIPAL CENTER DISTRICT600 District PurposesThe purposes of the MC – Municipal Center district are to create a large,contiguous area intended to be the center of civic, muinicipal, cultural,educational, and recreational activity in the <strong>Borough</strong>. This district isintended to be one of the main activity centers in the community whereindividual uses are connected by walkways and plazas and are embellishedby small parks, landscaping, and green areas. Emphasis is provided onthese connecting walkways as well as on the streetscape features along theDelmar Drive frontage. Provisions are included to allow small,pedestrian-oriented convenience retail establishments mainly intended toserve the users of the various institutional establishments.601 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. Municipal or governmental office or similar municipal or publicuse, excluding municipal facilities, heavy impact, as defined inArticle 2.2. Civic center or community building.3. <strong>Library</strong>.4. Child or senior day care center, subject to Sections 1508 and 1509,respectively.5. Firehouse, ambulance, or police station.6. Park, green area, or recreational area.7. Plaza or similar outdoor meeting area.8. Cellular communications facilities, subject to Section 1523.47


<strong>Folcroft</strong> <strong>Borough</strong> Code602 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16:1. Elementary school, middle school, high school, or charter school;vocational or technical school; but not including private, for-profittrade school such as truck driving, dancing, cooking, etc., subjectto Section 1610.2. College or university, subject to Section 1610.3. Assisted care facility, subject to Section 1617.4. Church or other religious use, including rectory, classrooms forreligious instruction, or similar customary religious activities,subject to Section 1607.5. Public or private swim club, subject to Section 1611.6. Any use of the same general character as those permitted inSections 601 and 602. Such use shall be permitted by <strong>Borough</strong>Council upon the recommendation of the Planning Commission,shall be consistent with the purposes of the district, comply withthe performance standards of Article 19, and not be detrimental tothe surrounding neighborhood. To determine whether a proposeduse is of the same general character as any of the uses listed inSections 601 and 602, <strong>Borough</strong> Council and the PlanningCommission shall evaluate its impacts in relation to thecompatibility standards in Section 1521.603 Uses Permitted by Special ExceptionThe following uses shall be permitted by special exception only, subject tothe applicable requirements of Articles 17 and 21, respectively.1. Municipal facilities, heavy impact, subject to Section 1706.604 Accessory Uses and StructuresThe following uses shall be permitted as accessory uses, subject to allapplicable requirements of Article 15, General Regulations, and otherArticles as noted below.1. Playfield, open space, and recreational area in conjunction with apermitted use.48


<strong>Zoning</strong> <strong>Ordinance</strong>Article 6 – Municipal Center District2. Public parking lot or garage, subject to applicable provisions ofSection 1612 and Article 13.3. Offices associated with a permitted use.4. Restaurant or cafeteria for use by students, staff, or visitors of apermitted use.5. Storage building, enclosure, or area associated with a permitteduse, subject to Section 1504.6. Pedestrian-oriented convenience retail, as defined in Article 2,provided that no such establishment has a floor area in excess offive hundred (500) square feet.7. Off-street parking and loading, subject to Article 13.8. Sign, subject to Article 14.9. Satellite antenna, subject to Section 1511.10. Cellular communications antenna not mounted on an independentstructure, subject to applicable provisions of Section 1523.11. Any accessory use or structure on the same lot with andcustomarily incidental to any of the uses permitted above in thisdistrict and not detrimental to the neighborhood.605 Dimensional RegulationsUnless specifically stated otherwise, the following shall be minimumrequirements:1. Lot area - One (1) acre2. Lot width - One hundred (100) feet3. Setbacksa. At exterior road - Seventy-five (75) feetb. At interior road - Twenty (20) feetor drivewayc. At side and rear - Forty (40) feetlot lines49


<strong>Folcroft</strong> <strong>Borough</strong> Code4. Distance between - Fifty (50) feetbuildings5. Impervious surface - Sixty (60) percent maximum6. Landscaping - Forty (40) percent7. Height - Fifty (50) feet maximum606 Development RegulationsDevelopment may be on individual lots or by addition of new buildings ona lot or parcel with one (1) or more existing buildings.1. Buildings may be constructed in detached or attached fashion.2. More than one (1) building is permitted on a single lot, providedthat the setback and spacing requirements of Section 605 are met.3. The lot area and lot width requirements shall not apply where anew principal building or buildings are added to an existingbuilding(s) on a lot, provided that the setback, height, and distancebetween buildings requirements in Section 605 are met.4. Screening and landscaping shall be in accordance with Sections1516 and 1517, respectively.5. Off-street parking shall comply with Article 13, and signage shallcomply with Article 14.607 Future Use of Institutional Land1. Institutional land has a special impact on the community. This isparticularly true in <strong>Folcroft</strong> where the <strong>Zoning</strong> Map provides forone large district where most of the institutional uses are permitted.Accordingly, the <strong>Borough</strong> has a special interest in the future ofsuch properties in the event of abandonment or change of use.2. It is the intent of this section to ensure a reasonable choice ofappropriate uses in the event of abandonment, change of use, ornonuse of institutionally zoned land. In such event, on its ownmotion or upon petition for rezoning, the Planning Commissionshall consider whether the land is suitable for continuedinstitutional use or whether it should be rezoned for other use andshall make appropriate recommendations to <strong>Borough</strong> Council.50


ARTICLE 7RS – RETAIL SERVICE DISTRICT700 District PurposesThe purposes of the RS – Retail Service district are to provide locationsfor pedestrian-oriented and mixed use areas which are intended to generateretail activity, promote walking, and serve as meeting places; to limit thesize and scope of uses permitted by right; and to recognizedesign/aesthetic considerations. District provisions are also designed toprotect the stability, town character, and quality of life in adjoiningresidential neighborhoods and to assure well-balanced development that islimited in size and scope and intended to limit impacts such as traffic,noise, and glare and protect adjoining neighborhoods.701 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. Retail store, including general merchandise, hardware, department,or variety store, clothing store, gift shop, bookstore, or pharmacy.2. Food store.3. Personal service shop, including barbershop, beautician, shoe repair,tailor, laundry/laundromat, or similar service establishment, but notincluding a body art establishment (tattoo/body piercing) or a healthclub/spa.4. Eating or drinking establishment, including standard eat-inrestaurant, pizza shop, delicatessen or similar use, and take-outestablishment, but excluding drive-through establishment.5. Bank or other financial institution.6. Professional office, provided that the location is on the second flooronly.7. Theater.8. Apartment, provided that the location is on the second or third flooronly.51


<strong>Folcroft</strong> <strong>Borough</strong> Code9. Park, plaza, or similar recreational area or meeting place.10. Mixed use, where apartments or offices are located above retail.702 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16.1. Video game arcade or other place of amusement, subject to Section1614.2. Health club or spa, subject to Section 1616.3. Public parking garage as an independent use, subject to Section1612.4. Any use permitted in Section 701 that has a floor area exceedingseven thousand five hundred (7,500) square feet. However, this shallnot allow extremely large uses such as “big box” stores (see Section704).5. Any use of the same general character as those permitted inSections 701 and 702. Such use shall be permitted by <strong>Borough</strong>Council upon the recommendation of the Planning Commission,shall be consistent with the purposes of the district, comply withthe performance standards in Article 19, and not be detrimental tothe surrounding neighborhood. To determine if a proposed use isof the same general character as any of the listed permitted uses,<strong>Borough</strong> Council and the Planning Commission shall evaluate itsimpacts against the compatibility standards in Section 1521.703 Accessory Uses and StructuresThe following uses shall be permitted as accessory uses, subject to allapplicable requirements of Article 15, General Regulations, and otherArticles as noted below.1. Outdoor storage shall be in the rear yard only, provided that suchstorage area is completely screened from the street and sidewalk byan opaque fence or planted visual screen and is in compliance withthe requirements of Section 1516. Only those materials, items, orproducts generated by or directly related to the business conductedon the property shall be stored. There shall be no storage of itemsfrom sources other than the subject property.52


<strong>Zoning</strong> <strong>Ordinance</strong>Article 7 – Retail Service District2. Off-street parking and loading, subject to Article 13.3. Sign, subject to Article 14.4. Satellite antenna, subject to Section 1511.5. Any accessory use on the same lot with and customarily incidentalto any of the uses permitted above and not detrimental to the area.704 Prohibited UsesNo building, lot, or premises may be erected, altered, or used for anytrade, industry, or business that is clearly automobile-related, as defined inArticle 2; is noxious or offensive by reason of odor, dust, smoke, gas,noise, or similar impacts; or is dangerous to public health or safety. No“drive-through” business or activity shall be permitted, and no gas ordiesel internal combustion engines shall be used. Also, consistent withSection 700, District Purposes, and Section 702.4, no extremely largesingle uses including “big box” uses, as defined in Article 2, shall bepermitted by right.705 Dimensional RegulationsBuildings may be constructed in a detached or attached fashion and maybe constructed as part of an overall development without individual lots.1. Unless specified otherwise, the following shall be minimumrequirements for detached buildings:a. Lot area -- Fifteen thousand (15,000)square feet maximumb. Lot width -- Fifty (50) feetc. Front yard -- Not less than the averagesetback on the block, but inno case less than twenty (20)feetd. Side yards -- Twelve (12) feet on eachsidee. Rear yard -- Fifteen (15) feet53


<strong>Folcroft</strong> <strong>Borough</strong> Codef. Impervious surface -- Seventy (70) percent maximumg. Height -- Two (2) stories or thirty (30)feet2. Unless specified otherwise, the following shall be minimumrequirements for attached buildings:706 Development Regulationsa. Lot area -- Two thousand five hundred(2,500) square feet/buildingb. Lot width -- Twenty-five (25) feet/buildingc. Front/side/rear yards -- Thirty (30) feetd. Distance betweenbuildings -- Thirty (30) feete. Impervious surface -- Seventy-five (75) percentmaximumf. Height -- Two (2) stories or thirty (30)feet1. All parking areas, driveways, and loading areas shall be adequatelylighted for safety and convenience of customers, delivery vehicles,and other users. All lighting fixtures shall be shielded from streettraffic and from abutting residential properties.2. Where feasible, deliveries shall be made at the rear of eachbuilding or row of buildings.3. Screening and landscaping shall comply with the applicableprovisions of Sections 1516 and 1517, respectively.4. All signs, lighting fixtures, and similar facilities and amenitiesshall be designed and constructed in keeping with the architecturalcharacter and theme of the project or surrounding buildings andfacilities (see also Section 1524).54


<strong>Zoning</strong> <strong>Ordinance</strong>Article 7 – Retail Service District5. All principal uses shall be completely enclosed in a building, andno drive-through restaurant, bank, or similar drive-throughestablishment shall be permitted.6. No goods, articles, or equipment shall be stored, displayed, oroffered for sale in front of the front line of a building, except fortemporary sales or promotions lasting not more than three (3) days.Any event or sale including display or sale beyond the frontbuilding line of a building that exceeds three (3) days durationshall require a permit from the <strong>Borough</strong>.7. In a restaurant that serves alcoholic beverages, not more than twenty(20) percent of the floor area shall be devoted to the bar or drinkingsection.8. The greatest dimension in length or depth of a building shall notexceed one hundred twenty (120) feet.9. All applicable provisions of Articles 13 and 14 shall be followed.55


ARTICLE 8GB − GENERAL BUSINESS DISTRICT800 District PurposesThe purposes of the GB – General Business district are to provide for awide range of highway-oriented retail, service, and other commercialactivities that require or normally benefit from main highway locations;serve transient as well as regional and local customers; and providesufficient space for automobile-related merchandising. Drive-through usesare permitted. Secondary purposes are to allow and regulate office uses,mixed uses, and special uses such as day care centers and apartmentbuildings.801 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. All uses permitted in the RS – Retail Service district, except asnoted otherwise below.2. Establishments that contain both a workshop and a retail outlet orshowroom, provided that the workshop is located at the rear of theestablishment.3. Trade shops such as those of an electrician, carpenter, plumber, orsimilar practitioner.4. Convenience store or pharmacy, such as Wawa, Rite-Aid, or CVS.5. Supermarket.6. Drive-through restaurant, bank, or similar drive-through business,subject to Section 1519.7. Sale, lease, repair, and service of automobiles.8. Beverage distributor.9. Caterer or bakery.10. Private commercial school, as defined in Article 2.57


<strong>Folcroft</strong> <strong>Borough</strong> Code11. Professional office.12. Private club, subject to Section 1518.13. Cellular communications antenna upon rooftops only, subject toapplicable provisions of Section 1523.802 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16:1. Sale, lease, and repair of trucks, subject to provision of a plantedvisual screen where the existing adjacent use is pedestrianoriented,as defined in Article 2.2. Gasoline service station, automobile or truck body repair andpainting, and gasoline service station with a related conveniencestore, subject to Section 1609.3. Residential car wash, subject to Section 1615.4. Funeral home or mortuary, subject to Section 1613.5. Place of amusement, including bowling alley, arcade, or similarindoor recreation or amusement, subject to Section 1614.6. Health club or spa, subject to Section 1616.7. Any use of the same general character as those permitted in Sections801 and 802. Such use shall be permitted by <strong>Borough</strong> Council uponthe recommendation of the Planning Commission, shall be consistentwith the purposes of the district, comply with the performancestandards in Article 19, and not be detrimental to the surroundingneighborhood. To determine if a proposed use is of the same generalcharacter as any of the listed permitted uses, <strong>Borough</strong> Council andthe Planning Commission shall evaluate its impacts against thecompatibility standards in Section 1521.58


<strong>Zoning</strong> <strong>Ordinance</strong>Article 8 – General Business District803 Uses Permitted by Special ExceptionThe following uses shall be permitted by special exception only, subject tothe applicable requirements of Articles 17 and 21, respectively.1. Apartment building containing more than four (4) units and notexceeding ten (10) units, subject to Section 1705.804 Accessory Uses and StructuresThe following uses shall be permitted as accessory uses, subject to allapplicable requirements of Article 15, General Regulations, and otherArticles as noted below.1. Off-street parking and loading, subject to Article 13.2. Sign, subject to Article 14.3. Satellite antenna, subject to Section 1511.4. Outdoor storage shall be in the rear yard only, provided that suchstorage area is completely screened from the street and sidewalk byan opaque fence or planted visual screen and shall comply with thescreening requirements in Section 1516. Only those materials,items, or products generated by or directly related to the businessconducted on the property shall be stored. There shall be nostorage of items from sources other than the subject property.5. Any accessory use on the same lot with and customarily incidentalto any of the uses permitted above and not detrimental to the area.805 Dimensional RegulationsUnless specified otherwise, the following shall be minimum requirements:1. Lot area -- Ten thousand (10,000) square feet2. Lot width -- Seventy-five (75) feet3. Front yard -- Not less than the average setback onthe block, but in no case less thantwenty (20) feet4. Side yards -- Twelve (12) feet on each side5. Rear yard -- Fifteen (15) feet59


<strong>Folcroft</strong> <strong>Borough</strong> Code6. Distance betweenbuildings -- Forty (40) feet7. Impervious surface -- Seventy (70) percent maximum8. Height -- Three (3) stories or forty (40) feet806 Development Regulations1. All parking areas, driveways, and loading areas shall be lightedadequately for safety and convenience of customers, deliveryvehicles, and other users. All lighting fixtures shall be shieldedfrom street traffic and from abutting residential properties.2. Where feasible, deliveries shall be made at the rear of eachbuilding or row of buildings.3. Screening and landscaping shall comply with Sections 1516 and1517, respectively.4. Where a building contains storage and/or assembly areas, theseareas shall be placed in the portion of the building farthest from thestreet.5. Assembly and/or storage areas shall not occupy more than seventyfive(75) percent of the building area, exclusive of the basement.6. Design standards shall be in accordance with Section 1524.60


ARTICLE 9LIB − LIGHT INDUSTRIAL/BUSINESS PARK DISTRICT900 District PurposesThe purpose of the LIB – Light Industrial/Business Park district is to allowfor the development of non-nuisance business, laboratory, and lightindustrial establishments geared towards modern, technological uses.District regulations are intended to encourage attractive, large lot,moderate coverage establishments that do not constitute a nuisance ordanger to nearby residents.901 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. Office building.2. Light industrial use, as defined in Article 2, that does not constitutea nuisance to the neighborhood and nearby residents.3. Laboratory, as defined in Article 2.4. Electronic data processing center, telecommunications hub,information technology firm, and similar technological facility.5. Warehouse, distribution, mail order facility, wholesale showroom,and similar facility.6. Financial establishment such as a bank, lending institution,mortgage broker, and similar facility.7. Business/trade school and/or other indoor and outdoor vocationaltraining within limits set forth in Article 19.8. Motion picture or television filming, production, or broadcastingfacility.9. AM/FM radio station production and broadcasting facility.61


<strong>Folcroft</strong> <strong>Borough</strong> Code10. Independent parking garage, excluding long-term parking overtwenty-four (24) continuous hours, subject to area and bulkregulations within this Article, Article 13, and Section 1612.11. Cellular communications facilities, subject to Section 1523.12. Health club or spa, subject to Section 1616.902 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16.1. Child day care center, subject to Section 1508.2. Uses of the same general character as those permitted in Sections901 and 902, provided that no resource recovery, waste treatment,landfill, or other use having a negative or detrimental impact on theenvironment, neighboring residents, or surrounding neighborhoodshall be permitted. Such use shall be permitted by <strong>Borough</strong> Councilupon the recommendation of the Planning Commission, shall beconsistent with the purposes of the district, and comply with theperformance standards in Article 19. In determining if a proposeduse is of the same general character as the permitted uses,reviewing parties shall evaluate its impacts against thecompatibility standards in Section 1521.903 Accessory Uses and StructuresThe following uses shall be permitted as accessory uses, subject to allapplicable requirements of Article 15, General Regulations, and otherArticles as noted below.1. Restaurant, cafeteria, snack bar, or similar use for employees orcustomers of any use permitted in this district.2. Off-street parking and loading, subject to Article 13.3. Sign, subject to Article 14.4. Storage building, subject to Section 1504.5. Recreational or assembly area for employees and customers.6. Living quarters for a watchman or caretaker.62


<strong>Zoning</strong> <strong>Ordinance</strong>Article 9 – Light Industrial/Business Park District7. Commercial drop-off and pick-up boxes, stations for letters orpackages, and newspaper vending machines, provided that suchboxes shall not be located within a right-of-way of a public street.8. Small collection facility for recyclables.9. Cellular communications antennas not mounted on an independentstructure, subject to Section 1523.10. Any accessory use on the same lot and customarily incidental tothe principal use on the property and not detrimental to the area, asdetermined by the <strong>Zoning</strong> Hearing Board.904 Dimensional RegulationsUnless stated otherwise, the following shall be minimum requirements:1. Tract -- Two (2) acres2. Yards (front, side, -- Thirty (30) feet on all sides,and rear)increased to fifty (50) feetwhen abutting a residentialdistrict3. Interior yards -- Fifteen (15) feet between abuilding and an interior street4. Distance from a -- Ten (10) feet between aparking areaparking area and the principalbuilding5. Distance between -- Forty (40) feetbuildings6. Impervious surface -- Seventy (70) percent maximum7. Height -- Forty (40) feet maximum63


<strong>Folcroft</strong> <strong>Borough</strong> Code905 Special Development Regulations1. In any area where a new building or an addition to an existingbuilding is proposed, a buffer, as defined in Article 2, shall beprovided at the boundary line with all residential districts. Thebuffer shall be not less than forty (40) feet wide at the proposedbuilding or addition as measured from the district boundary line orfrom the nearest street line where the street serves as the districtboundary line. Buffers may be part of side or rear yards. Bufferarea requirements shall not be applicable to existing structures orto any change in use relating to an existing structure.2. Screening requirements shall not be applicable to existingstructures or uses or to any changes in use relating to an existingstructure. A planted visual screen, as defined in Article 2, or aprivacy fence shall be provided and continually maintained wherea new principal building or addition to a principal existing buildingis proposed. Planted visual screens shall comply with therequirements of Section 1516 and shall be provided along theproperty lines with any residential district.3. Landscaping requirements shall not be applicable to existingstructures or uses or to any changes in use relating to an existingstructure. Landscaping, as per Section 1517, shall apply only toareas where a new principal building or addition to a principalexisting building is proposed.4. Outdoor storage shall be permitted in this district, provided that aplanted visual screen, subject to Section 1516, is present.5. All public utility lines and similar facilities servicing the proposeddevelopment shall be installed underground, and electrictransformers shall be either placed underground or be enclosed bya planted visual screen.6. All exterior lighting shall be arranged so that no direct glare from itshall extend beyond the property line of the tract.7. Freestanding light poles shall not exceed twenty-five (25) feet inheight.8. All rooftop equipment or other projections shall be completelyscreened from public streets and adjacent lots.64


<strong>Zoning</strong> <strong>Ordinance</strong>Article 9 – Light Industrial/Business Park District9. No products or items or portions thereof shall be processed,assembled, or packaged which shall exceed thirty (30) cubic feet.65


ARTICLE 10LIB - A – LIGHT INDUSTRIAL/BUSINESS PARK-A DISTRICT1000 District PurposesThe purpose of the LIB - A – Light Industrial/Business Park - A district isto allow for the development of non-nuisance business, laboratory, andlight industrial establishments geared towards modern, technological uses.District regulations are intended to encourage attractive, large lot,moderate coverage establishments that do not constitute a nuisance ordanger to nearby residents. This district also allows adult-orientedestablishments as conditional uses and provides controls to protect thenearby residential neighborhoods.1001 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. All uses permitted by right in Section 901 of the LIB district shallalso be permitted in the LIB - A district.1002 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable provisions of Article 16.1. All conditional uses permitted in Section 902 of the LIB districtshall also be permitted in the LIB - A district, excluding child daycare centers.2. Adult use, as defined in Article 2, subject to Section 1618 and thedimensional regulations of Section 805.3. Uses of the same general character as those permitted in Sections1001 and 1002, provided that no resource recovery, wastetreatment, landfill, or other use having a negative or detrimentalimpact on the environment, neighboring residents, or surroundingneighborhood shall be permitted. Such use shall be permitted by<strong>Borough</strong> Council upon the recommendation of the PlanningCommission, shall be consistent with the purposes of the district, andshall comply with the performance standards in Article 19. Indetermining if a proposed use is of the same general character as67


<strong>Folcroft</strong> <strong>Borough</strong> Codethe permitted uses, reviewing parties shall evaluate its impactsagainst the compatibility standards in Section 1521.1003 Accessory Uses and Structures1. All accessory uses permitted in Section 903 of the LIB districtshall also be permitted in the LIB - A district.2. Any accessory use on the same lot and customarily incidental tothe principal use on the property and not detrimental to the area, asdetermined by the <strong>Zoning</strong> Hearing Board.1004 Dimensional RegulationsUnless stated otherwise, the following shall be minimum requirements:1. Tract -- Two (2) acres2. Yards (front, side, -- Thirty (30) feet on all sides,and rear)increased to sixty (60) feetwhen abutting a residentialdistrict3. Interior yards -- Fifteen (15) feet between abuilding and an interior street4. Distance from a -- Ten (10) feet between aparking areaparking area and the principalbuilding5. Distance betweenbuildings -- Forty (40) feet6. Impervious surface -- Seventy (70) percent maximum7. Height -- Forty (40) feet maximum1005 Special Development Regulations1. In any area where a new building or an addition to an existingbuilding is proposed, a buffer, as defined in Article 2, shall beprovided at the boundary line with all residential districts. Thebuffer shall be not less than forty (40) feet wide at the proposedbuilding or addition as measured from the district boundary line orfrom the nearest street line where the street serves as the district68


<strong>Zoning</strong> <strong>Ordinance</strong>Article 10 – Light Industrial/Business Park -A Districtboundary line. Buffers may be part of side or rear yards. Bufferarea requirements shall not be applicable to existing structures orto any change in use relating to an existing structure.2. Screening requirements shall not be applicable to existingstructures or uses or to any changes in use relating to an existingstructure. A planted visual screen, as defined in Article 2, or aprivacy fence shall be provided and continually maintained wherea principal new building or addition is proposed. Planted visualscreens shall comply with the requirements of Section 1516 andshall be provided along the property lines with any residentialdistrict.3. Landscaping requirements shall not be applicable to existingstructures or uses or to any changes in use relating to an existingstructure. Landscaping, as per Section 1517, shall apply only toareas where a principal new building or addition to a principalexisting building is proposed.4. Outdoor storage shall be permitted in this district, provided that aplanted visual screen, as defined in Article 2 and subject to Section1516, is present.5. All public utility lines and similar facilities servicing the proposeddevelopment shall be installed underground, and electrictransformers shall be either placed underground or be enclosed bya planted visual screen.6. All exterior lighting shall be arranged so that no direct glare from itshall extend beyond the property line of the tract.7. Freestanding light poles shall not exceed twenty-five (25) feet inheight.8. All rooftop equipment or other projections shall be completelyscreened from public streets and adjacent lots.9. No products or items or portions thereof shall be processed,assembled, or packaged which shall exceed thirty (30) cubic feet.69


ARTICLE 11OSR − OPEN SPACE/REFUGE DISTRICT1100 District PurposesThe primary purpose of the OSR – Open Space/Refuge district is toprovide for the retention, preservation, and enhancement of open space,recreation, conservation, and refuge areas such as the John Heinz WildlifeRefuge, Darby Creek, other waterways, and undeveloped areas. Otherpurposes are to assure the preservation of significant natural resourcessuch as bodies of water, marshlands, wooded areas, etc. and to establishreasonable controls in order to maintain the benefits of natural featuresand environmental areas. District regulations are also intended to assurethat the uses in this district will have no adverse effect on the naturalresources and wildlife in the district or nearby residential areas.1101 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following uses:1. Passive open space such as a wildlife refuge, forest preserve,nature center, arboretum, and similar preservation andconservation uses.2. Hiking, walking, bicycling, picnicking, fishing, boating, iceskating, and similar recreational uses.3. Camping, provided that all applicable regulations of the facility arefollowed, such as registration, obtaining permits, etc.4. A building related to environmental education shall be allowed,provided that ownership and operation is vested in the <strong>Borough</strong>.5. Any use of the same general character as the above permitted uses,provided that such use is consistent with the purposes of thedistrict and not detrimental to the surrounding area.71


<strong>Folcroft</strong> <strong>Borough</strong> Code1102 Uses Permitted by Conditional UseThe following uses shall be permitted as conditional uses only, subject tothe applicable provisions of Article 16.1. A building related to environmental education with ownership andoperation by a governmental entity other than the <strong>Borough</strong> or withoperation by a nonprofit organization.1103 Accessory Uses and Structures1. Parking and signs, as required in Articles 13 and 14, respectively.2. Any accessory use on the same lot with and customarily incidentalto any of the uses permitted above in Section 1101 and notdetrimental to the area.1104 Special Regulations1. Buildings or other structures shall not compromise the naturalvalue of floodplains, stream valleys, wooded areas, or othersensitive areas and shall be planned, designed, and located tominimize any disturbance of such areas or features.2. Parking areas, driveways, walkways, and similar areas shall becovered with pervious materials, consistent with the open spacecharacter of this district.3. Public access easements, deed restrictions, or other legalmechanisms to permit access to or through privately owned landfor such purposes as walking, hiking, fishing, bicycling, andsimilar activities are strongly encouraged.4. No commercial activity shall be permitted except as it relates to ause permitted by right in Section 1101.1105 Dimensional RegulationsUnless specifically stated otherwise, the following shall be minimumrequirements:1. Lot area -- Ten (10) acres2. Lot width -- Two hundred (200) feet3. Setbacks -- Thirty (30) feet from all72


<strong>Zoning</strong> <strong>Ordinance</strong>Article 11 – Open Space/Refuge Districtproperty lines and publicstreets, and fifty (50) feetfrom the mean high watermark4. Building coverage -- Two (2) percent maximum5. Impervious surface -- Five (5) percent maximum6. Height -- Two (2) stories or thirty (30)feet73


ARTICLE 12TOD – TRANSIT-ORIENTED DEVELOPMENT OVERLAYDISTRICT1200 District Purposes1201 ApplicabilityThe purposes of this district are to promote well-integrated residential,commercial, and mixed use development close to the regional transitstation, to support public transit by allowing higher density developmentadjacent to or near transit stops, to reduce automobile dependency androadway congestion by combining trips and locating destinations withinwalking or biking distance, and to provide an alternative to conventionaldevelopment by emphasizing pedestrian-oriented, mixed use development.This TOD – Transit-oriented Development district is an overlay districtwhich shall be superimposed on portions of the underlying R-3 Apartmentdistrict and the GB – General Business district in close proximity to theSEPTA R2 regional rail line. The area is bounded by Primos Avenue onthe west, Virginia Avenue on the south, <strong>Folcroft</strong> Avenue on the east, andthe SEPTA railroad line on the north.1202 Project Layout and Use Mix1. Any proposal for development under the TOD Overlay districtshall be submitted as an overall, coordinated development plan.2. Within this overall development, structures may be arranged on alot-by-lot basis or on a PRD type basis where each business orresidential structure does not have its own individual lot.3. Every TOD proposal shall include at least two (2) of the three (3)classes of uses listed in Sections 1204.1 (residential), 1204.2(commercial), and 1204.3 (mixed).1203 Review ProcedureAll plans for a TOD development must be reviewed by the local PlanningCommission based on all applicable provisions contained in the MPC. Asrequired by law, plans shall also be forwarded to the Delaware CountyPlanning Commission for review.75


<strong>Folcroft</strong> <strong>Borough</strong> Code1204 Uses Permitted by RightLand, buildings, or premises shall be used by right for only one or more ofthe following:1. Residential Usesa. Townhouse.b. Apartment.2. Commercial Usesa. Retail store or shop, including pharmacy.b. Personal service shop, such as barber or dry cleaner.c. Food store, delicatessen, restaurant, or coffee shop.d. Office, only when located above the ground floor.e. Child day care center, subject to Section 1508.3. Mixed Usesa. In mixed use buildings having two (2) or more stories,retail, service, and food store/restaurant uses, as permittedin Sections 1204.2.a, b, and c above, shall be located on theground floor, while apartments and/or offices shall bepermitted above the ground floor only.b. Dimensional requirements shall be in accordance withSection 1207.4.1205 Uses Permitted by Conditional UseThe following uses shall be permitted by conditional use only, subject tothe applicable requirements of Article 16.1. Office building, subject to Section 1207.4 and Section 1619.2. Hotel or place of amusement (excluding adult entertainment),subject to Sections 1614 and 1620.3. Any use of the same general character as those permitted inSections 1204 and 1205. Such use shall be permitted by <strong>Borough</strong>76


<strong>Zoning</strong> <strong>Ordinance</strong>Article 12 – Transit-oriented Development Overlay DistrictCouncil upon the recommendation of the Planning Commission, beconsistent with the purposes of the district, comply with theperformance standards in Article 19, and not be detrimental to thesurrounding neighborhood. To determine if a proposed use is ofthe same general character as any of the listed permitted uses,<strong>Borough</strong> Council and the Planning Commission shall evaluate itsimpacts in relation to the compatibility standards in Section 1521.1206 Accessory Uses and StructuresThe following uses shall be permitted as accessory uses, subject to allapplicable requirements of Article 15, General Regulations, and otherArticles as noted below.1. Parking lots, garages, and loading facilities, subject to Article 13and Section 1208.2.2. Signs, subject to Article 14.3. Plaza, courtyard, park, or recreational area.4. Commercial drop-off and pick-up boxes, stations for letters orpackages, or newspaper vending machines, provided that suchboxes shall not be located within a right-of-way of a public street.5. Any accessory use on the same tract with and customarilyincidental to the principal use(s) on the property and notdetrimental to the area.1207 Dimensional RegulationsUnless specifically stated otherwise, the following shall be minimumrequirements:1. The minimum tract area of development under TOD regulationsshall be three (3) acres.2. Townhouse developmenta. Density -- Between ten (10) and fifteen(15) units per acreb. Setback -- None required, but wherethere are existing buildingson the block, the average77


<strong>Folcroft</strong> <strong>Borough</strong> Codesetback of the building oneach sidec. Units in a row -- Four (4) maximumd. Landscaping -- Thirty-five (35) percent oftracte. Distance between -- Forty (40) feetbuildingsf. Height -- Thirty-five (35) feet or three (3)stories maximum3. Apartment developmenta. Density -- Between twenty (20) andthirty (30) units per acreb. Setback -- Fifteen (15) feet from anystreet or parking areac. Distance between -- Forty-five (45) feetbuildingsd. Height -- Forty-five (45) feet or four(4) stories maximume. Landscaping -- Forty (40) percent of the tractor lot area and applicableprovisions of Section 15174. Nonresidential or mixed use developmenta. Lot area -- Three thousand five hundred(3,500) square feet maximumb. Store or shop area -- Two thousand (2,000) squarefeet maximumc. Setback -- Fifteen (15) feet from anystreet or parking aread. Landscaping -- Thirty-five (35) percent ofthe tract or lot area andapplicable provisions ofSection 151778


<strong>Zoning</strong> <strong>Ordinance</strong>Article 12 – Transit-oriented Development Overlay Districte. Height -- Forty-five (45) feet or four(4) stories maximumf. Distance between -- Forty-five (45) feetbuildings1208 Development and Design Standards1. Pedestrian Systema. Sidewalks or walkways that are hard-surfaced and not lessthan five (5) feet wide shall be required in front of and/oradjacent to residential, commercial, or mixed use buildingsto connect with the pedestrian walkway system and toprovide connection to the transit station.b. Sidewalks shall be constructed along the frontage of allpublic streets and within and along the frontage of all newdevelopment and redevelopment.c. Stairs and ramps consistent with ADA standards shall beprovided where necessary to provide a direct route to thewalkway system.d. Walkways that cross parking, loading, or driveway areasmust be clearly identifiable through the use of elevationchanges, different paving materials, or other similarmethod.e. Buildings shall be oriented toward the pedestrian byproviding a direct link between the building and thepedestrian walkway network, with emphasis on directingpeople toward transit stops/stations.f. Lighting shall be provided for parking areas and pedestrianpaths to ensure safety and convenience.g. Plazas shall be provided in the development. Not less thanone (1) seating space for each two hundred fifty (250)square feet of plaza area shall be provided.2. Parking Lots and Garagesa. Surface parking shall be located at the rear of the buildingor, if not feasible, at the side.79


<strong>Folcroft</strong> <strong>Borough</strong> Codeb. Parking garages and surface parking lots shall not dominatethe development site.c. Surface parking areas with twenty (20) or more spaces shallbe divided into separate areas by landscaped islands notless than ten (10) feet in width. Such parking areas shallhave not more than twenty (20) continuous parking spaces.d. Surface parking areas shall be screened along all sidewalksby a masonry wall, fence, or similar treatment not less thanthree (3) feet high that is compatible with adjacentstructures.e. Shared parking is encouraged. Where applicable, a sharedparking plan must be approved by the <strong>Borough</strong>. Sharedparking and off-site parking shall comply with Section1305.f. Parking garages shall be served by pedestrian walkwaysand connection to the sidewalk/pedestrian system. Thesewalkways shall be clearly marked and continuous indesign.g. Parking garages shall be architecturally integrated ordesigned with an architectural theme similar to that ofsurrounding buildings.h. Blank façades, solid walls, and non-active uses at grade areprohibited.i. Not less than twenty (20) percent of the parking lot shall belandscaped.j. Street trees, planted at intervals of not less than fifty (50)feet, shall be required along all sidewalks. Existing treesmay count toward this requirement.k. Pedestrian amenities such as benches, public art, picnicareas, seating areas, fountains, planters, etc. shall be locatedin landscaped areas, open spaces, plazas, or along publicstreets.80


<strong>Zoning</strong> <strong>Ordinance</strong>Article 12 – Transit-oriented Development Overlay District3. Bicycle Parkinga. Parking lots and garages shall include one (1) bicycleparking space per twenty (20) vehicle spaces, with aminimum of two (2).b. Bicycle parking shall be provided as noted below:(1) Apartments -- One space for every four (4)dwelling units(2) Commercial uses -- One space for every fivethousand (5,000) square feetc. Bicycle spaces must be located in a secure, lockable, andwell-lighted area.d. Bicycle racks, lockers, or other facilities shall be securelyanchored to the ground or structure.e. All required bicycle parking shall be located within fifty(50) feet of building entrances.4. Landscapinga. Landscaping shall be provided, subject to the applicableprovisions of Section 1517.b. Not more than twenty (20) percent of landscaping coveragerequired in Sections 1207 and 1517 may be provided in theform of plazas, courtyards, or other hardscaped areas.5. Design Standardsa. While architectural styles shall be compatible throughoutthe development, building façades should be visuallyinteresting and diverse.b. Where practicable, buildings shall have at least one (1)main entrance on the façade nearest to or facing a transitstation or street leading to a transit station.c. Unscreened, flat, blank walls shall be avoided to provide apleasant pedestrian experience by connecting activitieswithin a structure to the adjacent sidewalk and/or transitstop.81


<strong>Folcroft</strong> <strong>Borough</strong> Coded. At the street level of mixed use buildings, not less thanseventy-five (75) percent of the length and forty (40)percent of the wall surface must be in public entranceways,windows, or retail/service display windows.e. Façades over fifty (50) feet long shall be divided intoshorter segments by repeating window patterns, change inmaterials, canopies, varying roof lines, or otherarchitectural detailing.f. Buildings must have at least a five (5) foot offset in allfaçades for every forty (40) feet of continuous façade.Such offsets may be met through the use of bay windows,porches, porticos, building extensions, towers, and otherarchitectural treatments.g. All residential and nonresidential buildings shall havepitched roofs covering at least eighty (80) percent of thebuilding with a pitch of at least six (6) vertical inches toevery twelve (12) horizontal, except for buildings whoseflat roofs would match the roof line of a neighboringbuilding.h. Pitched roofs shall provide overhanging eaves that extend aminimum of one (1) foot beyond the building wall.6. Generala. Nonresidential buildings shall contain materials, windows,doors, and architectural detailing that are compatible withadjoining residential buildings within the development.b. Where practicable, utilities shall be placed underground innew development.c. Proposed development plans that anticipate over onehundred (100) daily automobile trips shall conduct athorough traffic impact study to determine the impact onthe area and neighboring properties.82


ARTICLE 13PARKING REGULATIONS1300 Purposes1301 ApplicabilityThe primary purposes of this Article are to adequately provide for theparking needs of all uses in the <strong>Borough</strong> and to reduce traffic congestion onpublic streets by allowing provisions for off-street parking facilities in orderto support faster emergency access to all districts. The secondary purposesinclude providing for the special parking needs of handicapped drivers,allowing flexibility in meeting parking needs by utilizing methods such asoff-site and shared parking arrangements, and creating requirements for allloading, landscaping, and parking design.1. Off-street parking shall be provided in accordance with therequirements in Section 1303 below. All such off-street parkingareas shall be provided on the same parcel of land as the use orbuilding they serve, except as modified by Section 1305. Theminimum off-street parking requirements in Section 1303 shallapply to all districts.2. No building or use lawfully in existence prior to the effective date ofthis <strong>Ordinance</strong> shall be subject to the requirements of Section 1303,so long as the kind or extent of use is not changed so as to requireadditional parking.3. All required parking facilities should be provided and maintained solong as the use which the facilities were designed to serve exists.Off-street parking facilities shall not be reduced, except when suchreduction is in conformity with this Article.4. Within all districts, whenever a structure is altered or a use ischanged or extended, then the total additional parking required forthe alteration, change, or extension shall be provided in accordancewith Section 1303 as long as the use remains.1302 General Regulations for Off-street Parking1. Where a use is not specifically listed in this <strong>Ordinance</strong>, the <strong>Zoning</strong>Hearing Board (ZHB) shall apply the standards of the most similaruse listed to determine the number of parking spaces required.83


<strong>Folcroft</strong> <strong>Borough</strong> Code2. If the computation of the parking ratios listed in Section 1303 resultsin a fraction, an additional parking space shall be required.3. All parking areas of ten (10) spaces or more and subject to vehiculartraffic, loading areas, and driveways shall be graded and surfacedwith bituminous, concrete, or equivalent surfacing and graded toproperly dispose of all surface water accumulation within the parkingarea in conformance with municipal standards so as to minimizedrainage onto any adjoining property.4. In off-street parking areas with five (5) or more spaces, each spaceshall be clearly line-striped and maintained.5. Freestanding establishments located within shopping centers shallhave adequate parking as required in Section 1303 and will not relyon common parking to meet the aforementioned requirements,except where the conditions of Section 1305 are met.6. All parking areas with five (5) or more spaces shall be adequatelylighted so as to assist in the safe maneuvering of motor vehicles andto provide security for users of the lot. All lighting shall be arrangedto avoid glare on adjacent properties.7. Parking or storage of disabled, partially dismantled, or junked cars,trucks, boats, or other vehicles shall be permitted on a lot for acontinuous period of not more than five (5) days.8. Front-yard parking, as defined in Article 2, is prohibited. Nounpaved, front-yard parking shall be permitted.9. Except for light maintenance, heavy repair work shall not bepermitted in parking areas.10. Expansion of the driveway or parking pad into an area otherwiseutilized for the front yard is considered front-yard parking and isnot permitted.11. All off-street parking lots shall comply with provisions of the latestDelaware County Land Development and Subdivision <strong>Ordinance</strong> asit now exists or may be adopted in the future, for any standards notexplicitly stated within the <strong>Borough</strong> <strong>Zoning</strong> <strong>Ordinance</strong>.12. Any new or existing structure or use located in the GB – GeneralBusiness and RS – Retail Service districts may use adjacent on-streetand/or public parking spaces within two hundred (200) feet, if84


<strong>Zoning</strong> <strong>Ordinance</strong>Article 13 – Parking Regulationssufficient off-street parking is not available in the amounts necessaryto meet the requirements of Section 1303.13. In addition to meeting parking requirements in Section 1303,districts may supplement these standards with bicycle racks orlockers for persons, residents, and customers who choose to travelby bicycle.14. Where off-street parking lots abut walkways, walls, fences,buildings, or public rights-of-way, bumper guards, curbs, or wheelstops shall be installed to ensure that vehicles will not strike orobstruct them.15. No commercial motor vehicle, as defined in Article 2, may parkovernight on an on-street parking space.16. Common driveways shall not be permitted.1303 Required Parking Ratios1. Residential UsesUsea. Single-familydetached orsingle-familysemi-detacheddwellingOff-street ParkingRequirementsTwo (2) spaces for every dwelling unitb. Townhouse Two (2) spaces for every dwellingunitc. Multi-family Two (2) spaces per dwelling unit, plusdwelling one (1) space for every four (4)dwelling units for guests in developments/buildingsof twelve (12) ormore unitsd. Community One (1) space for every two (2) bedresidencerooms, plus one (1) space for eachfacilityemployee85


<strong>Folcroft</strong> <strong>Borough</strong> Code2. Public or Private Recreational Usesa. Private clubs One (1) space for every one hundred(100) square feet of floor areab. Bowling alley Four (4) spaces for each lanec. Outdoor One (1) space for every two thousandcommercial (2,000) square feet of area devoted torecreationsuch used. Indoor One (1) space for every one hundredrecreation(100) square feet of gross floor area3. Governmental, Institutional, and Educational Usesa. Auditoriums, One space (1) for every five (5) seats,churches, and plus one (1) space for every oneother places of hundred fifty (150) square feet ofpublic assembly meeting room areab. Community One (1) space for every three hundredcenter, municipal (300) square feet of gross floor areabuilding, library,or similar usec. Child day care One (1) space for every five hundredcenter(500) square feet of gross floor area,plus one (1) space for each adultattendant or teacher. This shall be inaddition to the parking requirementsof the primary use, such as a school orchurch, if applicabled. Nursery, One (1) space for each facultyprimary, and member or other full-time employee,secondary schools plus two (2) spaces for eachclassroom, and one (1) space for everytwelve (12) students aged sixteen (16)years or older4. Retail, Commercial, and Other Business Usesa. Retail store or One (1) space for every two hundredshop(200) square feet of gross floor area86


<strong>Zoning</strong> <strong>Ordinance</strong>Article 13 – Parking Regulationsb. Furniture or One (1) space for every four hundredappliance(400) square feet of gross floor areastorec. Convenience One (1) space for every one hundredstoretwenty-five (125) square feet of grossfloor aread. Supermarket One (1) space for every one hundredtwenty-five (125) square feet of grossfloor areae. Personal service One (1) space for every one hundredbusinesses such fifty (150) square feet of gross flooras barber shops , areatailors, shoerepair, etc.f. Shopping center One (1) space for every two hundredfifty (250) square feet of grossleasable floor areag. Professional and One (1) space for every three hundredother office area (300) square feet of gross floor areah. Banks, credit One (1) space for every two hundredunions, and (200) square feet of gross floor areasavings and loaninstitutionsi. Medical, dental, or One (1) space for every one hundredveterinary offices (100) square feet of waiting roomor clinicsspace, plus two (2) spaces for eachpractitionerj. Restaurant(1) Sit-down One (1) space for every one hundredfifty (150) square feet of gross floorarea, plus one (1) space for every two(2) employees on the shift of greatestemployment(2) Restaurant One (1) space for every seventy-fivewith drive- (75) square feet of gross floor area,through plus one (1) space for every two (2)87


<strong>Folcroft</strong> <strong>Borough</strong> Codeemployees on the shift of greatestemploymentk. Bar, tavern One (1) space for every one hundredfifty (150) square feet of gross floorareal. Movie theater One (1) space for every three (3)or amusement seats, plus one (1) space for everyvenueemployee on the shift of greatestemploymentm. Funeral home One (1) space for every seventy-five(75) square feet of floor area inviewing rooms or parlors, plus one (1)space for each official funeral car, andone (1) space for every two (2)employees, exclusive of the residentfamily membersn. Hotel, motel, One (1) space for every guest room,or inn plus one (1) space for every two (2)full-time employees, plus the requiredparking for accessory uses such asrestaurants and barso. Car wash(1) Standard Ten (10) spaces per bay for stacking,plus four (4) spaces for standingbetween the exit of the facility and thestreet, plus one (1) space for eachemployee on the shift of greatestemployment(2) Self-service Four (4) spaces per bay for stacking,plus one (1) space for standingbetween the exit of the facility and thestreetp. Laundromat, One (1) space for every two (2)self-service washing machinesq. Automobile Two (2) spaces, either within or outserviceand side the structure, for every tworepairhundred (200) square feet of floor orground area devoted to repair or ser-88


<strong>Zoning</strong> <strong>Ordinance</strong>Article 13 – Parking Regulationsvice facilities and, in addition, suchspace as is necessary for vehiclespurchasing gasoline or being stored.In no case shall the spaces forpermitted motor vehicle storage inconjunction with a service station befewer than five (5)r. Repair or One (1) space for every four hundredtradesman (400) square feet of gross floor areashop, e.g.,carpenter,plumber, etc.s. Temporary uses One (1) space for every two hundredsuch as sales of (200) square feet of sales areaChristmas trees,flowers, produce,and other goodst. Health club and spa One (1) space for each staff member,plus one (1) for every five hundred(500) square feet of gross floor area5. Industrial and Other Related Uses1304 Design Regulationsa. Research and One (1) space for every sevendevelopment, light hundred fifty (750) square feet ofmanufacturing, gross floor area, plus one (1) space forand assembly every employee on the shift ofgreatest employmentb. Storage, manu- One (1) space for every one thousandfacturing, ware- (1,000) square feet of gross floor area,housing, dis- plus one (1) space for every employeetribution, whole- on the shift of greatest employmentsale, heavy industry,and air freight1. The size of a standard parking space shall be nine (9) feet wide byeighteen (18) feet long, an area of one hundred sixty-two (162)square feet.89


<strong>Folcroft</strong> <strong>Borough</strong> Code2. Parking spaces for the handicapped shall be twelve (12) feet wide byeighteen (18) feet long, an area of two hundred sixteen (216) squarefeet, or meet the most recently adopted ADA standards. Parkingspaces for the handicapped must be located as close as possible topublic entrances and ramps to buildings. Each space must be clearlymarked with proper signage.3. Handicapped spaces shall be provided in the amounts requiredbelow:Number of RequiredTotal Parking SpacesHandicapped Spaces10- 25 126- 50 251- 75 376-100 44. All parking areas for five (5) or more vehicles shall be designed sothat vehicles need not back directly into a public street but can enterand leave the parking area in a forward motion.5. All parking shall be accessible to and from a street, driveway, and/oralleyway.6. Every parking lot or area with ten (10) or more off-street spaces shallbe separated from the street or highway by a raised curb, plantingstrip, wall, or other suitable barrier against unchanneled motorvehicle entrance or exit, except for necessary accessways.7. Drive-through establishments such as fast order and pick-up,automatic bank teller, and similar uses shall provide no fewer thanfive (5) waiting spaces for each drive-through lane. This is inaddition to the space for the car being serviced.8. Where possible, surface parking shall preferably be located at therear of the building or, if not feasible, at the side.1305 Off-site and Shared Parking1. Nothing in this Article shall be construed to prevent the collectiveoff-site parking facilities for two (2) or more nonresidential buildingsor uses. However, the total of such off-site parking spaces shall benot less than the sum of requirements for the various uses compiledseparately and provided that such off-site parking is not farther thanfive hundred (500) feet from the use in question. The parties entering90


<strong>Zoning</strong> <strong>Ordinance</strong>Article 13 – Parking Regulationsthe partnership must enter a formal, written agreement to beapproved by the <strong>Borough</strong> Solicitor.2. Two (2) or more nonresidential uses may provide for requiredparking in a shared parking area, provided that such area is on oradjacent to such uses. The number of spaces required in such ashared parking area may be reduced below the sum of the totalrequirements if it can be demonstrated to the <strong>Zoning</strong> Officer that thehours or days of peak parking demand for the uses are so differentthat a lower overall total of parking spaces will adequately providefor the uses to be served. In such case, sufficient parking shall beprovided to meet the minimum needs of the use that requires thegreater parking area.1306 Design of Off-street Loading Facilities1. The minimum size loading space shall be fifty (50) feet long bytwelve (12) feet wide, with an overhead clearance of fourteen (14)feet, exclusive of drives and maneuvering space, and located entirelyon the lot being served. Any overhead canopy should extend aminimum of four (4) feet beyond a loading dock.2. All loading spaces shall have adequate access from a street or waythat does not block or interfere with required parking as specified inSection 1303. This required space must be provided in addition to theestablished requirements for patron and employee parking.3. Every building or use of land consisting of over five thousand(5,000) square feet of gross floor area designed or used forcommercial or industrial uses shall be provided with a loading spaceas follows:Total Gross Floor AreaNumber of LoadingSpaces RequiredUp to 15,000 square feet1 space15,000 to 50,000 square feet 2 spaces50,000 to 100,000 square feet 3 spaceseach additional 100,000 square feet 1 additional space4. In no case shall public rights-of-way be used for loading orunloading of materials. Furthermore, no loading dock or space shallbe located or arranged in such a way that it is necessary to back anyvehicle into or off any public right-of-way or require the use of anypublic right-of-way maneuvering space.91


<strong>Folcroft</strong> <strong>Borough</strong> Code5. All off-street loading berths shall be provided on either the side orrear of the lot. In no case shall off-street loading berths be providedin the front of the lot.6. All off-street loading shall be designed so as to minimize thenuisance, hazard, or impediment to pedestrian travel and traffic flowon public streets.1307 Screening and Landscaping Requirements1. Screening between any parking area and the street line shall beeffective at the time of occupancy, subject to the following provisions:a. All off-street parking areas that provide more than five (5)parking spaces shall be screened from any abutting propertyin a residential or other more restrictive zoning district.b. Effective screening may be accomplished through the use ofthe following: plant materials, fencing or walls, and/ormounding through the use of an earthen berm forming acontinuous visual buffer.c. The area for planting and fencing, walls, or earthen bermsshall not extend beyond the street line.d. When planted visual screens are employed, the followingshall apply:(1) A buffer planting strip shall be provided. It shall be aminimum of five (5) feet in width, unless specificallyrequired otherwise in this <strong>Ordinance</strong>.(2) Planted visual screens, as defined in Article 2, shallbe of sufficient height and density to constitute acontinuous visual screen six (6) feet in height at thetime of planting except as provided below.(a)(b)Whenever fencing or walls are employed, theeffective height of the continuous visualscreen shall be not less than five (5) or morethan six (6) feet.Whenever earthen berms are employed, theeffective height of the continuous visualscreen shall be not less than eight (8) feet.92


<strong>Zoning</strong> <strong>Ordinance</strong>Article 13 – Parking Regulations2. Landscaping within any parking area which provides twenty (20) ormore parking spaces shall be subject to the following provisions:a. Off-street parking areas shall be landscaped to reduce windand air turbulence, heat, noise, and the glare of automobilelights; to reduce the level of carbon dioxide; to provideshade; to improve stormwater drainage problems; to replenishthe groundwater table; and to provide for a more attractivesetting.b. The interior of each parking lot constructed or enlarged afterthe effective date of this <strong>Ordinance</strong> shall have at least one (1)three (3) inch caliper deciduous shade tree for every fifteen(15) parking spaces, if there are no existing shade trees tosatisfy this requirement. Use of shrubs and other plantmaterials is encouraged to complement the trees, but theyshall not be the sole contribution to the landscaping. Thesetrees shall be in addition to those required as an effectivescreen. Trees selected for landscaping in parking areas shallbe of a species proven to be salt and dust resistant.c. Landscaped areas at least five (5) feet wide shall be providedalong all street frontages in parking lots with twenty (20) ormore parking spaces.d. Planted landscaped islands between every twenty (20)parking spaces or at the end of each parking row, whicheveris less, shall be provided and shall be the length and width ofthe parking spaces.e. Existing plant material and trees with a caliper of six (6)inches or more shall be preserved wherever possible duringconstruction. Such existing plants may be credited towardthe amount of required plantings.93


ARTICLE 14SIGNS1400 PurposesThe purposes of this Article are to provide for and regulate the types,dimensions, and other features of signs in <strong>Folcroft</strong> <strong>Borough</strong>, to recognizethe commercial communication needs of the business community, toprotect the public from damage or injury attributable to distractions andobstructions from improperly designed or located signs, to safeguardproperty values, and to assure that signs are consistent and harmonious inrelation to the scale, appearance, and character of buildings and areaswhere they are located.1401 Scope and Applicability1. Any sign hereafter erected shall conform to the provisions of thisArticle and any other ordinance or regulations of the <strong>Borough</strong> relatingthereto. Any sign not specifically authorized by the provisions ofthis Article shall not be erected in the <strong>Borough</strong>.2. It shall be unlawful for any person, firm, or corporation to erect,alter, rebuild, enlarge, extend, or relocate signs listed in Section 1405without first obtaining a permit from the <strong>Borough</strong>, except for thosesigns listed specifically in Section 1404.3. Application for such permits shall be made in writing to the <strong>Borough</strong>in accordance with Section 1409.4. The <strong>Zoning</strong> Officer or the Building Code Official is hereby authorizedto revoke any permit issued by the <strong>Borough</strong> upon failure of theholder thereof to comply with any provision of this Article.1402 Determination of Sign Size1. The size of any sign shall be determined in accordance with theprovisions of this Article and the following:a. When a sign consists of letters, numbers, and/or logos andnot a lettered board and such sign is erected on or attached toa building wall, pole, or other similar surface or support, thesize of such sign shall be measured by the geometric shape95


<strong>Folcroft</strong> <strong>Borough</strong> Codeformed by the extreme outside edge of the largest letters,numbers, or logos contained in the sign.b. When a sign consists of a lettered board and such sign iserected on or attached to a building wall, pole, or othersimilar surface or support, the size of such sign shall bedetermined by calculating the area of the lettered board.2. The sign area for a sign with more than one (1) face shall becomputed by adding together the area of all sign faces visible fromany one (1) point. When two (2) identical sign faces of the samesign structure are placed back to back so that both faces cannot beviewed from any point at the same time, and when such sign facesare not more than forty-two (42) inches apart, the sign area shall becomputed by the measurement of one (1) of these faces.1403 Sign Restrictions and Standards1. Prohibited Signs. It is unlawful to erect or maintain the followingsigns:a. Flashing, blinking, spinning, animated, inflatable, aerial, orlighted moving signs, including automatic color changingand rotating lamps and other moving objects that callattention to the sign. The use of rotating searchlights foradvertising is allowed, after obtaining a permit from the<strong>Borough</strong>.b. Signs that display vulgar, indecent, or obscene advertisingmatter.c. Advertising cloth or banner or signs of any similar charactersuspended or hung on any property.d. Wall bulletins or any other signs painted directly on thefaçade of a building or other structure.e. Curb or sidewalk signs or signs painted, attached, or suspendedfrom any outdoor bench, chair, or similar structure.f. Swinging and hanging signs.96


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signsg. Signs pasted, tied, pulled, or otherwise attached to a vehiclethat refer to a business or activity unrelated to the purposeor activity for which the vehicle is used.h. Signs placed, inscribed, or supported upon the roof line orany structure that extends above the roof line of any building.i. Signs that state or imply that the property on which they areplaced is used for purposes or activities not permitted by this<strong>Ordinance</strong>.j. Neon signs.k. New projecting signs shall not be erected after the date ofenactment of this <strong>Ordinance</strong>. Projecting signs in existenceat the enactment of this <strong>Ordinance</strong> shall be considerednonconforming signs and shall be allowed to continue,subject to Section 1407.2. Standards and RestrictionsThe following standards and restrictions shall apply to allpermitted signs:a. General(1) No sign shall be located, arranged, or placed in aposition where it will cause danger to traffic or willinterfere with traffic through glare; block requiredsight lines for streets, sidewalks, or driveways; orcause confusion with a traffic control device byreason of color, location, shape, or othercharacteristics.(2) Where not inconsistent with this Article, all signsconstructed or erected under the provisions of thisArticle shall comply with the standards set forth inthe Pennsylvania Uniform Construction Code mostrecently adopted by the <strong>Borough</strong>.(3) Except for official/traffic, directional, and incidentalsigns, no sign shall be erected within the right-ofwaylines of any public street except in the GB –General Business district, nor shall any such sign becloser than six (6) feet to the right-of-way line of a97


<strong>Folcroft</strong> <strong>Borough</strong> Codepublic street, unless specifically authorized by otherordinances and regulations of the <strong>Borough</strong> of<strong>Folcroft</strong> or other governmental bodies or agencieshaving jurisdiction or regulatory authority in thematter.(4) No illuminated sign shall be lighted on days whenthe business or permitted use is not open forbusiness.(5) All signs must be constructed of durable materialsand shall be solidly and firmly attached and/oranchored to its supports or framework.(6) All permanent signs over four (4) square feet in sizeshall be constructed by a professional signcompany.(7) Every sign must be kept in good condition andrepair. Any sign that becomes dilapidated orabandoned shall be removed by or at the expense ofthe landowner or lessee of the property on which itis located.(8) Where applicable, the signage requirements of thePennsylvania Department of Transportation shall befollowed.(9) Except for official signs, incidental signs,directional signs, wayfinding signs, or billboards,all permanent signs shall be located on the propertyto which the text or message applies.(10) Freestanding signs, canopy signs, and awning signsshall have a clearance of not less than eight (8) feetbetween the ground and the bottom of the sign.(11) Where a business ceases to operate and vacates thepremises, the owner/operator must remove all signsand sign structures within one (1) year after ceasingbusiness operations. However, the sign structuremay remain if the owner or occupant candemonstrate that a subsequent owner or occupantwill utilize a sign or sign structure.98


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signsb. Freestanding Signs(1) The bottom or lowest edge of any freestanding signshall be no closer to the ground than eight (8) feet orsix (6) feet in residential districts. No more than two(2) feet above the ground level can be devoted to andmaintained for plantings. If such plantings areinstalled, they shall be maintained at the maximumheight of two (2) feet and shall be free of weeds,debris, and other undesirable material.(2) All single-post freestanding signs shall be made ofmetal, except for those used in residential districtswhich may be made of pressure treated timbers. Allsuch posts shall be embedded in the ground at leastthree (3) feet six (6) inches unless otherwise directedby the <strong>Zoning</strong> Officer.(3) Freestanding signs will be permitted in residentialareas only when set back a minimum distance of six(6) feet behind the front property line, and no portionof such sign shall be less than six (6) feet behind thefront property line.(4) Freestanding signs in residential districts shall beilluminated only by concealed or indirect lighting.(5) There shall be a distance of not less than one hundred(100) feet between freestanding signs along the sameroad frontage.c. Ground Signs(1) The top edge of a ground sign shall be a maximum ofsix (6) feet above ground level.(2) Ground signs shall be supported and permanentlyplaced by embedding, anchoring, or connecting thesign in such a manner as to incorporate it into thelandscape or architectural design scheme.(3) The setback shall be as required for freestandingsigns in Section 1403.2.b.(3) above.(4) Illumination shall be by concealed or indirectlighting.99


<strong>Folcroft</strong> <strong>Borough</strong> Coded. Window SignsA maximum of twenty (20) percent of the total window areamay be used for permanent signs that are etched, painted, orpermanently affixed to the window.e. Temporary Signs1404 Signs Not Requiring a Permit(1) The use of any temporary sign, except for signsexempt by Section 1404, shall require a permit thatshall be effective for not more than thirty (30) days inaccordance with Section 1409.(2) Temporary signs shall be placed so as not to obstructvehicular or pedestrian traffic or create a safetyhazard.(3) Such signs shall not obstruct access to or from anydoor, window, fire escape, or ventilating equipment,nor be attached to any standpipe or fire escape.(4) Temporary signs shall be removed immediately uponexpiration of the permit.(5) The size of these signs shall not exceed one-third(1/3) square foot of sign area for each linear foot ofbuilding width.(6) Temporary commercial advertising signs shall not beattached to fences.The following signs are exempt from the need to secure a permit but aresubject to all other applicable provisions of this Article:1. Public notice, warning, or official/traffic sign required by a federal,state, or local law, regulation, or ordinance.2. Any sign inside a building not attached to a window or door that isnot legible from a distance of more than three (3) feet beyond the lotline of the property on which such sign is located.100


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signs3. Building markers that only include building name, date of construction,or historical data on an historical site, provided that there is onlyone (1) per building with a maximum area of six (6) square feet.4. Flags of the United States, the Commonwealth of Pennsylvania,foreign nations having diplomatic relations with the United States, orany other flag adopted or sanctioned by an elected legislative body ofcompetent jurisdiction, provided that such flag does not exceed sixty(60) square feet in area and shall be flown from a pole not more thanforty (40) feet in height.5. Decorative flags, not exceeding twelve (12) square feet.6. Incidental signs containing no commercial message of any kind,provided that such signs do not exceed eight (8) square feet.7. Temporary window signs advertising the sale or price change ofgoods, provided that such signs do not exceed fifty (50) percent oftotal window coverage and are arranged in such a manner as to notobstruct the view of goods and business activity being conductedinside.8. Signs advertising the sale or rental of the premises or lot upon whichthey are erected, provided that there is not more than one (1) suchsign per street frontage. Such sign shall be neither illuminated norexceed eight (8) square feet in residential districts and thirty-two (32)square feet in nonresidential districts. All such signs shall beremoved on or before the date of settlement.9. Signs advertising the development of the premises where they areerected. Such signs shall not exceed sixteen (16) square feet inresidential districts and forty (40) square feet in nonresidentialdistricts. All such signs shall be removed on or before the date ofsettlement.10. Nameplate signs on private residences, provided that they do notexceed one hundred forty-four (144) square inches.11. Decorations for a recognized, officially designated holiday, providedthat they do not create a traffic or fire hazard.12. Yard sale or garage sale signs, provided that they do not exceed two(2) square feet and are removed within twenty-four (24) hours aftersuch sales.101


<strong>Folcroft</strong> <strong>Borough</strong> Code13. Signs announcing educational, charitable, civic, religious, or similarcampaigns or events, provided that such signs are erected for aperiod not to exceed thirty (30) days or more than four (4) times inany calendar year for a maximum annual total of one hundred twenty(120) days. Such signs shall not exceed eight (8) square feet.14. Changeable copy signs for churches, schools, and other uses whichby their nature require changeable copy signs, provided that only one(1) such sign shall be permitted. However, in the case of a cornerproperty, one (1) additional sign is permitted on the side of theproperty. The size of such signs shall not exceed sixteen (16) squarefeet.15. Directional signs.16. Freestanding signs of an official nature identifying a civic event.17. Signs, letters, posters, and advertisements which are tacked, pasted,tied, or otherwise affixed to poles, posts, buildings, fences, busshelters, or other structures located on public property or withinpublic street lines. These signs shall be removed within ten (10) daysof the event’s end.18. A-frame, sandwich board, or similar temporary signs.1405 Signs Requiring a PermitThe following signs, as described under each zoning district or group ofdistricts, are permitted, provided that they meet the conditions in Section1403 and a sign permit has been obtained in accordance with Section 1409:1. Signs in Residential districts. The following types of signs thatrequire a permit and no others shall be permitted in the R-1, R-2, andR-3 Residential districts:a. Identification signs for apartment buildings or complexes,residential developments, churches/religious uses, andsimilar permitted uses other than individual dwellings,provided that:(1) Such signs shall be freestanding signs, ground signs,or wall signs only.(2) Not more than one (1) wall sign and one (1) freestandingor ground sign shall be permitted for eachfrontage.102


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signs(3) The size of freestanding, ground, and wall signs shallnot exceed sixteen (16) square feet.b. Signs identifying nonresidential uses permitted as validnonconforming uses, provided that they meet the samerequirements as subsection 1a above.c. Illumination of signs in subsection 1405.1.a and b above shallbe by external white light only.d. Signs in residential districts shall be harmonious with othersignage, as well as consistent with the appearance of housingtypes and permitted uses in each respective district.e. Signs identifying any home office or no-impact home-basedbusiness shall be freestanding, wall, or ground signs only.These signs shall be no larger than two (2) square feet in size.The lowest edge of a freestanding sign shall not be more thansix (6) feet above the ground.2. Signs in the MC – Municipal Center district. The following typesof signs that require a permit and no others shall be permitted in theMC – Municipal Center district, subject to the following regulations:a. Wall, awning, freestanding, and ground signs.b. Wall signs that identify the primary use of a principalbuilding shall not exceed one (1) square foot for each foot ofbuilding width.c. There shall not be more than one (1) wall sign for each streetfrontage. However, should the frontage be greater than onehundred (100) feet, two (2) signs may be permitted. In thiscase, a special exception shall be required.d. In cases where multiple tenants or uses are in one (1)building, a wall sign shall be permitted for each use, providedthat the sign area does not exceed ten (10) square feet.e. Awning signs may be substituted for wall signs in accordancewith the requirements in subsections 2b and 2c above.f. Freestanding or ground signs identifying the permitted usesin the MC district shall be permitted only along exteriorroads.103


<strong>Folcroft</strong> <strong>Borough</strong> Codeg. Only one (1) freestanding or ground sign that shall notexceed twenty-five (25) square feet shall be allowed alongeach exterior road.h. Any illuminated sign shall be lit using internal or externalwhite light only.i. Signs in the MC district shall reflect and be consistent withthe character and appearance of buildings.3. Signs in the RS – Retail Service and GB – General Businessdistricts. The following signs that require a permit and no othersshall be permitted in the RS – Retail Service and GB – GeneralBusiness districts, subject to the following requirements:a. Any sign permitted in a residential district with the requirementsin that district, as noted in Section 1405.1.b. Wall, awning, window, freestanding, and ground signs.c. There shall not be more than one (1) wall sign for eachfrontage. However, for buildings that have a front width ofone hundred (100) feet or more, two (2) wall signs shall bepermitted at that frontage. In this case, a special exceptionshall be required.d. The size of wall signs in the GB district shall not exceed one(1) square foot of sign area for each linear foot of buildingwidth.e. The size of wall signs in the RS district shall not exceedthree-quarters (3/4) square foot of sign area for each linearfoot of building width.f. On corner lots, signs fronting on side streets along the longside of a building shall not exceed one-half (½) square footof sign area for each linear foot of building width.However, where the side street is an arterial street, the sizeof the wall sign shall be the same as on the front street.g. Awning or canopy signs may be substituted for wall signsin accordance with the requirements in subsections 3c, 3d,and 3e above.104


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signsh. The awning or canopy on which a canopy or awning sign isdepicted or placed shall not extend more than five (5) feetfrom the front wall of the building.i. Where there is a business or professional office on thesecond floor, one (1) additional wall sign not greater thaneight (8) square feet shall be permitted. Such signs shall belocated on the second story.j. Wall or window signs identifying apartment space abovethe first floor shall be permitted in addition to the principalwall sign permitted. Such additional wall or window signshall not exceed six (6) square feet.k. Freestanding or ground signs that advertise a business shallnot exceed twenty (20) square feet in the GB district andfifteen (15) square feet in the RS district.l. Any illuminated sign shall be lit by any means other thanneon.4. Signs in the LIB – Light Industrial/Business Park and LIB - A –Light Industrial/Business Park - A districts. The following signsthat require a permit and no others shall be permitted in the LIB –Light Industrial/Business Park and LIB - A – Light Industrial/Business Park - A districts, subject to the following requirements:a. Wall, awning, freestanding, and ground signs.b. Not more than one (1) wall sign shall be permitted for eachestablishment frontage. However, for businesses that have afront width of one hundred (100) feet or more, two (2) wallsigns shall be permitted at that frontage. In this case, a specialexception shall be required.c. Wall signs identifying individual businesses that occupy anentire principal building shall not exceed one-half (1/2)square foot of sign area for each linear foot of frontage ofthe establishment.d. Wall signs identifying individual establishments thatoccupy a portion of an entire principal building on a tractshall not exceed one-half (1/2) square foot of sign area foreach linear foot of frontage of the business orestablishment.105


<strong>Folcroft</strong> <strong>Borough</strong> Codee. Wall signs shall not be placed within one (1) foot of the edgeof the front wall of the building.f. Awning signs may be substituted for wall signs with thesame requirements as noted in subsections 4b, 4c, and 4dabove.g. One (1) freestanding or ground sign identifying the entirelight industrial/business park shall be permitted at eachprincipal exterior road. The size of such freestanding orground sign shall not exceed sixty (60) square feet, provided,however, that if there are two (2) entrances on a principalexterior road to the park, both may be marked byfreestanding/ground signs so long as the total square footageof both signs does not exceed sixty (60) square feet and thesigns are not placed within one hundred (100 feet of eachother.h. Individual buildings within the business park may beidentified on the same sign structure as that listing the nameof the light industrial/business park.i. Freestanding signs or ground signs identifying the buildingand/or individual businesses on a tract shall be permittedwithin the respective tract or lot. Such signs shall be placedbehind the right-of-way line. Only one (1) such freestandingor ground sign shall be permitted for each entrance to thetract of land on which a building is located, if such entrancesare from different roads. The size of such interior,freestanding, or ground sign(s) shall not exceed forty (40)square feet, provided, however, that if there are two (2)entrances to a tract of land on which a building is located, afreestanding/ground sign may mark both, so long as the totalsquare footage of the signs does not exceed forty (40) squarefeet.j. All signs within a business in an industrial park in the LIBand LIB - A districts shall be consistent in design andappearance with the other signs in the same park and, to theextent possible, shall be in harmony with the signs onadjoining lots or parks.5. Signs in the OSR – Open Space/Refuge district. The followingsigns that require a permit and no others shall be permitted in theOSR – Open Space/Refuge district, subject to the followingrequirements:106


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signsa. Wall, freestanding, and ground signs.b. Not more than one (1) wall sign shall be permitted for eachbuilding frontage.c. Such wall signs shall not exceed one-half (½) square footof sign area for each linear foot of building frontage.d. Freestanding or ground signs shall not exceed twelve (12)square feet.e. All signs in the OSR district shall be harmonious andconsistent with the natural features of the area and any newbuildings that may be erected.6. Signs in the TOD – Transit-oriented Development Overlaydistrict. The following signs that require a permit and no others shallbe permitted in the TOD – Transit-oriented Development district,subject to the following requirements:a. Permitted signs shall include only wall, canopy, freestanding,and ground signs.b. Wall signs identifying individual nonresidential establishmentsmay be placed on not more than two (2) sides of aprincipal building.c. The size of such wall signs identifying an individual nonresidentialestablishment shall not exceed one-half (½) squarefoot of sign area for each foot of establishment frontage.d. Wall signs identifying individual residential developmentsshall not exceed one-half (½) square foot of sign area foreach linear foot of establishment frontage.e. Wall or window signs identifying apartment space andresidential establishments above the first floor shall bepermitted in addition to the principal wall sign permitted.Such additional wall or window signs shall not exceed six(6) square feet.f. Awning and canopy signs shall be permitted in place of wallsigns, in accordance with the requirements for wall signs insubsections 6b, 6c, and 6d above.107


<strong>Folcroft</strong> <strong>Borough</strong> Code1406 Billboardsg. Not more than one (1) freestanding or ground signidentifying an overall TOD shall be placed along eachexterior roadway frontage.h. The size of such freestanding or ground sign shall not exceedfifty (50) square feet; however, signs identifying individualestablishments may be placed on the freestanding signstructure. These signs identifying the establishments shall benot larger than ten (10) square feet each. This area for theindividual establishments shall be in addition to the sizeallotted for identifying the development.i. Freestanding or ground signs identifying uses containedwithin the TOD shall be permitted along interior roads.Such signs shall be placed behind the right-of-way line.Only one (1) such freestanding or ground sign shall bepermitted for each respective building within the TOD.j. The size of such interior freestanding or ground sign(s) shallnot exceed thirty (30) square feet.k. Signs in the TOD district shall be harmonious with othersignage, as well as consistent with the appearance ofhousing types, permitted uses, and group developmentallowed in the district.1. Billboards shall be permitted along Chester Pike in the GB –General Business district only.2. No billboard shall be erected within two hundred (200) feet ofanother billboard.3. The maximum size of billboards shall be one hundred (100) squarefeet.4. The minimum distance from a street right-of-way shall be thirty(30) feet.5. No billboard shall be placed in a location where it will obscure thevision of motorists and thereby create a safety hazard.6. The height of any billboard shall not exceed fifty (50) feet.7. Billboards shall be illuminated with external base lighting only.108


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signs8. All billboards shall be inspected in accordance with Section 1409.9. Where a billboard contains no message for a period of sixty (60)consecutive days, the <strong>Zoning</strong> Officer shall forward a notice to theowner of the sign advising the owner of the unused status of thestructure. The owner shall be required to remove the sign and signstructure, provided that no advertising message is placed thereonwithin one hundred eighty (180) days from the original notice.1407 Nonconforming SignsSigns that are nonconforming or that identify nonconforming uses shall begoverned by the following requirements.1. A sign which is nonconforming at the effective date of this <strong>Ordinance</strong>may be continued although such sign does not conform withthe provisions of this <strong>Ordinance</strong>, but the size of any such nonconformingsign shall not be enlarged, except as permitted in Section1802.2. A nonconforming sign may be changed to or replaced by anothernonconforming sign, provided that the degree of nonconformity isnot greater than that of the original sign. Whenever a nonconformingsign has been changed to a more restricted nonconforming sign, suchsign shall not thereafter be changed to a less restrictednonconforming sign.3. When the name of an establishment is changed, any nonconformingsign at such establishment must be removed, and any new sign mustconform to the provisions of this <strong>Ordinance</strong>.4. A nonconforming sign which has been damaged more than fifty (50)percent of its value or has been removed or discontinued for ninety(90) days shall not be repaired, rebuilt, or replaced except as aconforming sign.5. If a nonconforming use of a building ceases or is discontinued for acontinuous period of one (1) year or more and such nonconforminguse is deemed to be abandoned as per Section 1805 of this<strong>Ordinance</strong>, any nonconforming sign on the premises shall also beconsidered abandoned, and any subsequent signs erected ormaintained on the premises shall be in conformity with the provisionsof this <strong>Ordinance</strong>.109


<strong>Folcroft</strong> <strong>Borough</strong> Code1408 Amortization of Nonconforming Signs1. Temporary, movable freestanding signs, banners, pennants, andsimilar types of signs shall be abated, removed, or brought intocompliance within ninety (90) days after enactment of this<strong>Ordinance</strong>.2. Signs painted on walks, fences, or benches shall be removed, abated,or brought into compliance within one (1) year after enactment ofthis <strong>Ordinance</strong>.3. Wall and projecting signs shall be removed, abated, or brought intocompliance within five (5) years after the enactment of this<strong>Ordinance</strong>.1409 Permits and Inspections1. Except as otherwise provided in Section 1404 relating to exemptsigns, no sign shall be erected in the <strong>Borough</strong> until a permit thereforhas been obtained in the following manner:a. Applications in writing for proposed signs shall besubmitted to the <strong>Zoning</strong> Officer (ZO) by the person/entitydesiring the permit. The ZO shall then have the option ofreferring the permit request to the Planning Commission forits evaluation as to whether the proposed sign complieswith the purposes of the district where the sign is locatedand the most recently adopted Community DevelopmentObjectives for <strong>Folcroft</strong> <strong>Borough</strong>. The ZO or PlanningCommission may offer suggestions to modify the proposedsign so that it is in accordance with the goals for the districtin question as well as those as noted in the CommunityDevelopment Objectives.b. The application submitted to the ZO shall give full particularsregarding the size, shape, material, and supports of the sign,as well as a sketch or sketches showing the location of thesign on the building or lot, the distance from the curb line,and the height of the sign. The application shall besufficiently specific to enable the ZO to determine if the signcomplies with this <strong>Ordinance</strong> as well as any other ordinanceor regulation of the <strong>Borough</strong> relating thereto. A fee as<strong>Borough</strong> Council may establish from time to time byresolution shall accompany such application.110


<strong>Zoning</strong> <strong>Ordinance</strong>Article 14 – Signs2. Whenever any sign or sign face is replaced by another sign, enlargedin any manner, or altered, dismantled, damaged, or otherwisedestroyed, a permit shall be required as provided in Section 1409.1above before the sign is replaced, enlarged, altered, or repaired.3. If the ZO or Building Code Official shall find that any sign or otheradvertising structure regulated herein is unsafe or insecure or is amenace to the public or has been constructed or erected or is beingmaintained in violation of the provisions of this <strong>Ordinance</strong>, he shallgive written notice thereof to the permittee. If the permittee fails toremove or alter the structure so as to comply with the standards setforth herein within ten (10) days after such notice, such sign or otheradvertising structure may be removed or altered to comply by the ZOat the expense of the permittee or owner of the property upon whichit is located. The ZO shall refuse to issue a permit to any permitteeor owner who refuses to pay costs so assessed. The ZO may causeany sign or other advertising structure that causes immediate peril topersons or property to be removed summarily and without notice.4. The ZO may cause a routine inspection of all signs in the <strong>Borough</strong> tobe made at least once every three (3) years and at any other timeswhen he deems such inspection necessary. At intervals determinedby Council, the ZO or Building Code Official shall conduct athorough inspection of signs to determine the signs’ conformity withthe provisions of this Article. All fees for sign permits shall be paidby the individual requesting the permit and shall be determined by<strong>Borough</strong> Council.111


ARTICLE 15GENERAL REGULATIONS1500 PurposeThe purpose of this Article is to identify certain regulations and standardsthat are either common to all zoning districts or applicable to more than onedistrict.1501 Overall Requirements1. No building or structure, or part thereof, shall hereafter be erected,constructed, or altered, and no new use or change shall be made ormaintained of any building, structure, land, or part thereof, except inaccordance with this <strong>Ordinance</strong>.2. Every principal building shall hereafter be built on a lot with frontageon a public or private street.3. No lot or premises shall hereafter be subdivided or reduced in area orsize in any manner so as to violate the provisions of this <strong>Ordinance</strong>.1502 Projections into Required Yards1. No principal building, or part thereof, shall be erected within or shallproject into any required yard in any district, except for unenclosedporches, decks, one (1)-story bay windows, eaves, chimneys,balconies, fire escapes, buttresses, cornices, or steps. None of these,except unenclosed decks or similar projects, shall encroach morethan three (3) feet into any required yard.2. In residential districts, such unenclosed decks may extend not morethan seven (7) feet into required rear yards.1503 Visibility at Corner Lots1. On any corner lot, no wall, fence, or other structure shall be erectedor maintained, and no hedge, tree, shrub, or other growth shall beplanted, grown, or maintained which may cause danger to vehiculartraffic by obscuring the view or in any other way pose a danger tovehicular and pedestrian traffic.2. Where a lot is located at the intersection of two (2) or more streets,no obstruction of any kind whatsoever of a height greater than113


<strong>Folcroft</strong> <strong>Borough</strong> Codetwenty-four (24) inches from the grade level of the adjacent streetshall be maintained or permitted within a sight triangle, the legs ofwhich shall be twenty (20) feet measured from the intersection of thestreet lines. Where a private alley meets an intersection, the legs ofsuch sight triangle shall be ten (10) feet.3. The <strong>Borough</strong> shall have the right to declare any obstruction to visionwithin the line of the sight triangle a safety hazard and shall direct theowner of the property to have it removed. If the owner fails to do sowithin thirty (30) days after written notice, the <strong>Borough</strong> shall removethe obstruction and bill the owner and lien the property for theexpense involved.1504 Accessory Uses and Structures1. No accessory structures may be placed in front of the principalbuilding.2. On corner lots, accessory structures shall be placed no closer to theside street than the principal building.3. Except for decks and fences, there shall be a distance of not less thanthree (3) feet between an accessory structure and a side or rear lotline.4. Except in the LIB – Light Industrial/Business Park and LIB - A –Light Industrial/Business Park - A districts, accessory structures shallnot exceed fifteen (15) feet in height. In the LIB and LIB - Adistricts, accessory structures shall not exceed twenty-five (25) feetin height.5. In residential districts, not more than one (1) storage shed shall beplaced on a lot.6. Except in the LIB – Light Industrial/Business Park and LIB - A –Light Industrial/Business Park - A districts, no storage shed shallexceed one hundred (100) square feet with a maximum height of ten(10) feet.7. Before the construction or placement of a shed on a lot, the applicantshall obtain a permit from the Building Code Official (BCO) or<strong>Zoning</strong> Officer (ZO).8. Accessory structures shall not be used for permanent or temporaryhuman habitation.114


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulations9. If a shed or garage is served by electricity, it shall be subject to the<strong>Borough</strong> electrical code.10. Garages in residential districts may be attached to or detached froma dwelling unit. In the case where a garage is in detached form, theminimum distance between the garage and a dwelling unit,excluding multi-family, shall be fifteen (15) feet.1505 No-impact Home-based Businesses1. No-impact home-based businesses shall be permitted as anaccessory use in all residential districts.2. The business activity shall be compatible with the residential useof the property.3. The business shall employ no employees other than familymembers residing in the dwelling.4. There shall be no display or sale of retail goods and no stockpilingof inventory.5. The business may not use any process or equipment that createsnoise, vibration, glare, fumes, odors, or electrical or electronicinterference with radio or television reception.6. The business may not discharge any solid waste or sewage that isnot normally associated with residential use.7. The business may not occupy more than twenty-five (25) percentof the gross floor area of the dwelling.8. There shall be no outside appearance of a business within theresidence except for signage permitted in Section 1405.1.1506 Community Residence Facilities, Family-basedFamily-based community residence facilities shall be permitted by right inthe R-1 and R-2 Residential districts in accordance with the requirementsbelow:1. No facility shall be located within four hundred (400) feet of anexisting facility.115


<strong>Folcroft</strong> <strong>Borough</strong> Code2. There shall not be more than two (2) residents per bedroom, and thisis not to exceed a maximum number of four (4) residents per facility,not including staff.3. There must be a twenty-four (24) hour-a-day on-duty supervisor whopossesses proper qualifications for the position.4. Parking shall comply with Article 13.5. Any alterations or additions to the exterior of a community residencefacility shall be compatible with the existing structure and in keepingwith the neighborhood character, excluding safety modifications.6. All other applicable requirements of the <strong>Zoning</strong> <strong>Ordinance</strong>, buildingcode, fire code, and all other applicable <strong>Borough</strong> codes andordinances and state regulations must be met.7. All community residence facilities will be available for reasonableperiodic inspections by the BCO or ZO and other parties holdingjurisdiction.8. Each facility must receive all pertinent approvals and/or licensesfrom the appropriate state agencies.9. The operator of the facility must register the facility annually withthe BCO or ZO and provide the following information:1507 Family Day Care Homesa. Name of operator.b. Profit or nonprofit status of the facility.c. The registration of the facility with the Department of PublicWelfare.d. The name of each resident currently residing on the premises.e. Other information as may be reasonably requested by the<strong>Borough</strong>.Family day care homes, as defined in Article 2, shall be permitted as anaccessory use in the R-1 and R-2 Residential districts, subject to thefollowing requirements:1. A fence not less than four (4) feet high shall be placed around alloutdoor play areas. The bottom end of such fence must reach theground to prevent children from crawling underneath.116


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulations2. Outdoor play activities shall be limited to the hours between 9:00a.m. and 7:00 p.m.3. Outdoor play shall not be permitted in the front yard or adjacent to anarterial road.4. The area for pick-up and discharge of children must be free fromtraffic hazards.5. The appearance and exterior design of the facility shall becompatible with the surrounding dwellings.6. There shall be screening and planting consistent with the character ofthe surrounding uses.7. The facility shall display no sign that is inconsistent with theresidential character of the neighborhood and shall be subject toSection 1405.1.8. No portion of the facility shall be within two hundred (200) feet of agasoline service station, underground gasoline storage tanks,industrial operations, truck loading areas, or other hazardous uses oractivities.9. Each facility must have the appropriate certificates as required bythe Pennsylvania Department of Public Welfare (DPW) that shallbe prominently displayed in the main entrance of the facility. Allday care homes must meet all current DPW regulations and anyapplicable federal, state, or local laws, ordinances, and regulations,including building and fire safety codes.1508 Child Day Care CentersChild day care centers, as defined in Article 2, shall be a permitted use byright in the MC – Municipal Center and TOD – Transit-orientedDevelopment Overlay districts, and as a conditional use in the LIB – LightIndustrial/Business Park district, subject to the following requirements:1. Day care centers shall be permitted as part of a church, school, orother similar institution or as an independent use.2. A fence not less than four (4) feet high shall be placed around alloutdoor play areas. The bottom end of such fence must reach theground to prevent children from crawling underneath.117


<strong>Folcroft</strong> <strong>Borough</strong> Code3. Outdoor play activities shall be limited to the hours between 9:00a.m. and 7:00 p.m.4. Outdoor play shall not be permitted in the front yard or adjacent toan arterial road.5. Parking shall be in accordance with Article 13.6. Signs shall be in accordance with Article 14.7. Each facility shall provide for the drop-off and pick-up of childrenon a driveway, approved parking area, or directly in front of thefacility. This area must be free from traffic hazards to children.The drop-off area shall be located immediately adjacent to thefacility.8. No part of a facility may be located within two hundred (200) feetof gasoline pumps or underground storage tanks or any otherstorage area for explosive or hazardous materials.9. A planted visual screen shall be provided to protect the day carecenter from an adjacent use or to protect a less intense adjacent usefrom the activity of the day care center. Planted visual screens,where required and as defined in Article 2, shall comply withregulations in Section 1516. Opaque fences or walls may be usedin place of planted visual screens.10. When streets of different classifications are involved, access shallbe provided to the street of lesser functional classification, ifpossible.11. Each operator of a newly established day care center shall notifythe <strong>Borough</strong> in writing at least thirty (30) days prior to theinitiation of a day care center for the purpose of allowing the<strong>Borough</strong> to establish a record of such use.12. The operator of any child day care center will allow the BCO orZO to enter the property during business hours to inspect forcompliance with the requirements of this section and all otherapplicable municipal and state ordinances or regulations.13. A permit for operation shall be obtained from the BCO or ZO.14. All facilities must be licensed by the State of Pennsylvania DPWand any other appropriate agencies.118


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulations1509 Senior Day Care Centers1510 DecksSenior day care centers, as defined in Article 2, shall be a use permitted byright in the MC – Municipal Center district, subject to the followingrequirements:1. Accommodations shall be made for persons with a physicalhandicap or impediment to ensure their safety and accessibility forentrance to, movement within, and exit from the building.2. The facility shall have at least fifty (50) square feet of indoor spacefor each individual served.3. A specified loading and/or parking area shall be available forarrival and departure of clients.4. The facility shall be kept in a clean and sanitary condition.5. Senior day care centers shall be permitted as part of a church,school, other similar institution, or as an independent use.6. Parking shall be in accordance with Article 13.7. Signs shall be in accordance with Article 14.8. All rooms within the center shall be properly ventilated.9. All rooms, hallways, outside doorways, and porches shall belighted to assure safety.10. Hours of operation shall range from 6:00 a.m. until 8:00 p.m.Decks shall be permitted in all zoning districts, provided that the BCO orZO issues a building permit.1. The deck shall be placed not less than one (1) foot from the partywall of a twin or row dwelling or building for access andmaintenance purposes.2. Prior to constructing a deck or porch, a sketch shall be provided, anda permit must be obtained from the BCO or ZO.3. In an area where motor vehicles may park or drive, decks or porchesshall have support posts constructed of concrete-filled steel columns119


<strong>Folcroft</strong> <strong>Borough</strong> Codewhich shall be at least four (4) inches wide and are fastened intofootings not less than six (6) inches wide.4. After a zoning permit is issued for a deck or porch, no change inplans regarding setbacks, dimensions, or heights is permissiblewithout first receiving written permission from the BCO or ZO.5. All materials used in the construction of a deck or porch shallcomply with the most recently adopted Uniform Construction Code.1511 Satellite Antennas1. Satellite antennas shall be permitted in all zoning districts.2. All wiring for ground-based antennas shall be underground.3. All satellite antennas shall be adequately grounded for protectionagainst a direct strike of lightning.4. The installation of satellite antennas shall meet all other local, state,or federal codes where possible.1512 Swimming Pools, Private1. Private swimming pools shall not be permitted in the front yard, andno pool on a corner lot shall be placed closer to the side street thanthe principal building.2. All swimming pools shall be located not less than three (3) feet fromany property line and six (6) feet from the principal building.3. For safety purposes, a fence not less than six (6) feet high mustsurround all swimming pools.4. All fences surrounding pools shall have a self-locking gate and shallbe of a design and quality to adequately prevent unauthorizedchildren or animals from entering the pool area.5. The drainage of a pool shall comply with the discharge provisions inthe Stormwater Management <strong>Ordinance</strong> adopted by the <strong>Borough</strong> andthe Swimming Pool Guidelines of the Pennsylvania Department ofEnvironmental Protection.6. No swimming pool shall be located under electric lines.120


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulations7. Pool lighting fixtures shall be placed, directed, or shielded to protectneighboring properties from light or glare.8. An applicant for a pool shall first submit a sketch plan of such poolto the <strong>Borough</strong>.9. A permit must be obtained from the BCO or ZO prior to constructionor placement of a swimming pool.1513 Fences and Walls1. Except as specifically noted otherwise, no wall, fence, hedge, orsimilar growth in a residential district shall exceed four (4) feet inheight between the front and rear building lines and six (6) feet inheight behind the rear building line. No fence shall be constructed infront of the principal building.2. At the periphery of a development in the RS – Retail Service district,no wall, fence, hedge, or similar growth may exceed six (6) feet inheight. Individual uses may not erect fences.3. In the GB – General Business and MC – Municipal Center districts,no wall, fence, hedge, or similar growth may exceed six (6) feet inheight in the rear yard only.4. In the LIB – Light Industrial/Business Park and LIB - A – LightIndustrial/Business Park - A districts, no wall, fence, hedge, orsimilar growth shall exceed ten (10) feet in height along the side andrear yards.5. Fences between properties shall be erected or placed inside theproperty line of the person erecting the fence.6. No barbed wire or similar fence shall be permitted in the <strong>Borough</strong>,unless the applicant demonstrates a clear and compelling need forsecurity prior to obtaining a building permit.7. The fence shall be installed so that the finished side faces toward theoutside of the property.8. Hedges and other plantings, whether or not they constitute a fence,shall be trimmed so as not to grow out over sidewalks, streets, oradjoining properties.9. Before erecting a fence, a sketch plan shall be provided, and a permitmust be obtained from the BCO or ZO as required in Article 20.121


<strong>Folcroft</strong> <strong>Borough</strong> Code1514 Refuse1515 Lighting1. Unless specifically stated otherwise for a particular district, all refuseshall be placed in closed, vermin-proof containers.2. In the case of multi-family buildings, nonresidential buildings, andtownhouses in the R-2 – Townhouse district, all refuse receptaclesshall be effectively screened from the view of residents and frompublic streets and sidewalks by means of a fence, wall, or plantings.All such receptacles shall be placed on the property responsible forthe refuse.3. Except for single-family detached and single-family semi-detacheddwellings, all other uses must provide for refuse receptacles anddumpsters that have a fence or other screening that shall be at leastthe height of the receptacle. The screening employed must allow foradequate access for refuse removal vehicles.1. Multi-family dwellings and nonresidential buildings shall be properlylighted to assure safe driving conditions at night as well as securityand safety of residents and patrons. All lighting shall be designed toprotect neighboring properties from glare.2. All driveways and parking areas must be adequately lighted to assuresafe driving and maneuvering conditions at night, as well as safetyand security for residents and patrons.3. The maximum height of light poles shall be twenty-five (25) feet inthe LIB – Light Industrial/Business Park, LIB - A – Light Industrial/Business Park - A, and GB – General Business districts and twenty(20) feet in all other districts.1516 Planted Visual Screens1. A planted visual screen, as defined in Article 2, shall be provided andmaintained under the following circumstances. In case of conflictbetween a regulation in this Article and that in any individual district,the regulation in the individual district shall prevail.a. When a commercial or industrial structure is constructed orextended adjacent to an existing residential use or district.122


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulations1517 Landscapingb. When a multi-family or townhouse building or additionthereto is proposed to abut an existing single-family detacheddwelling.c. Where any proposed institutional use or an expansion of anexisting industrial use abuts an existing residential use orresidential district.d. Where the LIB - A – Light Industrial/Business Park - Adistrict abuts any other zoning district.e. Any other instance where screening is required by this<strong>Ordinance</strong>, the <strong>Borough</strong>, or by the <strong>Zoning</strong> Hearing Board.2. Screening shall comply with the following requirements:a. The planted visual screen shall consist of species indigenousto the area so as to provide a year-round visual barrier.b. Such screens shall incorporate earthen mounds or berms,where possible, to improve sound as well as visual buffering.c. Plants shall be at least six (6) feet high when planted, and noplantings shall be placed closer than five (5) feet to the propertyline.d. Placement of screening material shall not obscure sight linesat intersections.e. All mechanical equipment not enclosed in a structure shall befully and completely screened and landscaped in a mannercompatible with the style of the buildings on the site.3. Upon a recommendation of the Planning Commission, an opaqueprivacy fence or wall may be substituted for the planted screenrequired above. Such alternate screening must be constructed andplaced so as to clearly provide an effective visual barrier.1. General Regulationsa. Any part or portion of a site that is not used for buildings,other structures, loading, parking spaces and aisles,sidewalks, and designated storage areas shall be planted and123


<strong>Folcroft</strong> <strong>Borough</strong> Codemaintained with landscaping. Maximum advantage shall betaken of existing trees and shrubs in landscaping.b. All landscaped planting areas shall be planted with grassseed, sod, or other ground cover and shall be maintained andkept clean of all debris, rubbish, weeds, and tall grass,provided, however, that if such land is naturally wooded, itmay continue in its natural state.c. Unless otherwise specified, landscaped planting areas may bepart of the required front, side, and rear yards.d. Except for single-family and two-family dwellings, any partor portion of a site which is not used for loading and parkingspaces, aisles, sidewalks, and designated storage areas shallbe landscaped according to an overall plan prepared andapproved as part of the development plan or shall be left in itsnatural state. A replacement program for non-surviving plantmaterial should be included.2. Landscaping Plansa. Landscaping shall be installed and maintained in accordancewith a landscape plan approved by <strong>Borough</strong> Council. Thelandscape plan shall depict all proposed plantings whichrelate to, complement, screen, or accentuate buildings, roads,parking areas, sidewalks, walkways, sitting areas, service ormaintenance structures, courtyards, and other site features.b. The landscaping plan shall be coordinated with the developmentplan and shall show the location, type, size, height, andother characteristics of the proposed landscaping.c. The plan shall be accompanied or shall include informationregarding the continued maintenance of plantings, indicatingthat all plantings will be replaced, if damaged, diseased, ordead, in locations shown on the approved plan.3. Specific Requirementsa. In addition to complying with Section 1517.1.a above, everynew building, alteration, or expansion erected after theeffective date of this <strong>Ordinance</strong> shall provide specific landscapingcomponents as noted below.124


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulationsb. Unless specifically stated otherwise in the specific zoningdistrict, landscaping shall be provided as required below:<strong>Zoning</strong> DistrictOr UseMinimumLandscaping ComponentsRS – Retail Service and Landscaped strip not less than six (6)GB – General Business feet wide at the front and at one (1)side of a building within which one(1) tree or two (2) bushes shall beplaced in the ground or in planters forevery twenty (20) feet of buildingwidthMC – Municipal CenterLandscaped strip with grass or otherLIB – Light Industrial/Business Park and ground cover not less than six (6) feetLIB - A – Light Industrial/Business Park - A wide at the front and at one (1) side ofApartment buildings and nonresidential a building within which one (1) tree orbuildings in residential districtstwo (2) bushes shall be placed in theground or in planters every fifteen(15) feet at the front and at one (1)side of a buildingLandscaping in the TOD – Transit-oriented Development Overlay district shall beprovided according to the provisions relating to the specific uses noted above.1518 Private ClubsPrivate clubs shall be permitted by right only in the GB – General Businessdistrict, subject to the following requirements:1. Private clubs shall be operated for civic, cultural, educational, social,or recreational purposes.2. The activity shall be noncommercial, nonprofit, and clearly not onecarried on as a business.3. Each building or facility shall be devoted to members and theirguests only.4. No private club shall provide for eating or dining except on anincidental basis.125


<strong>Folcroft</strong> <strong>Borough</strong> Code1519 Drive-through EstablishmentsDrive-through establishments, as defined in Article 2, shall be permittedby right in the GB – General Business district, subject to the followingregulations:1. No drive-through restaurant shall be located within three hundred(300) feet of an abutting residential district, a school, a place ofworship, or another drive-through restaurant.2. Points of vehicular ingress and egress shall be limited to streetshaving business-zoned frontage only.3. Driveways at the property line shall be not less than twenty-four(24) or more than thirty (30) feet in width.4. No driveway shall be less than ten (10) feet from a property line,thirty (30) feet from a right-of-way line of an intersecting street, orwithin thirty (30) feet of another driveway serving the same parcel.5. Outdoor trash receptacles shall be provided in such a location as tobe accessible to customers and shall be emptied whenever filled,but in no case less than once each day that the restaurant is openfor business.1520 CondominiumsIn the event that multi-family dwellings are converted or developed ascondominiums, such condominiums shall be owned and operated inaccordance with the Pennsylvania “Uniform Condominium Act” of 1980, asamended.1521 Compatibility Standards for Uses of the Same General CharacterIn determining if a proposed use is of the same general character as the listeduses, <strong>Borough</strong> Council and the Planning Commission shall consider thecompatibility standards listed below:1. Type and volume of sales, retail or wholesale activity, size and typeof items sold, and nature of inventory on the premises.2. Extent of processing, assembly, warehousing, shipping, and distributiondone on the premises of any dangerous, hazardous, toxic, orexplosive materials.126


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulations1522 Airport <strong>Zoning</strong>3. The nature and location of storage and outdoor display of merchandiseand the types of items stored.4. The type, size, and nature of buildings and structures supporting theuse.5. The number of employees and customers in relation to businesshours and employment shifts.6. The business hours the use is in operation or open for business.7. The transportation requirements for people and freight, by volume,type, and characteristics of traffic generation to and from the site, trippurposes, and whether trip purposes can be shared with other uses onthe site.8. Parking characteristics, turnover and generation, ratio of the numberof spaces required per unit area or activity, and potential for sharedparking with other uses.9. The tendency for attracting or repelling criminal activities to andfrom or on the premises.10. The amount and nature of nuisances generated on the premises, suchas noise, smoke, odor, glare, vibration, radiation, and fumes.11. Any special public utility requirements for serving the use, such aswater supply, wastewater output, pre-treatment of wastes, emissionsrecommended or required, and significant power structures andcommunication towers or facilities.No structure shall exceed the maximum height as calculated by reference tothe Height Limitation and <strong>Zoning</strong> District Map for <strong>Folcroft</strong> <strong>Borough</strong> and theModel Airport <strong>Zoning</strong> <strong>Ordinance</strong> to Limit the Height of Objects AroundAirports. The calculation of maximum heights for municipalities in airporthazard areas is required by Pennsylvania Act 164 of 1984. <strong>Folcroft</strong> <strong>Borough</strong>falls within the airport hazard area affected by Philadelphia InternationalAirport.1523 Cellular Communications FacilitiesCellular communications facilities, as defined in Article 2, shall be a usepermitted by right in both LIB – Light Industrial/Business Park districtsand in the MC – Municipal Center district. Antenna support structure, as127


<strong>Folcroft</strong> <strong>Borough</strong> Codedefined in Article 2, shall be a permitted use by right upon rooftops onlyin the GB – General Business district. The following regulations shallcontrol both facilities where applicable:1. A sketch and/or landscaping plan shall be provided to the <strong>Borough</strong>prior to development of a cellular communications facility orantenna.2. An antenna that is attached to an existing support structure shall notexceed the height of the support structure by more than ten (10) feet.3. Setbacks from the base of any new antenna support structure to anyproperty line, street line, or zoning district boundary shall not be lessthan five hundred (500) feet.4. The applicant shall demonstrate that the proposed antenna andantenna support structure are designed and constructed in accordancewith all applicable national building standards for such facilities andstructures including, but not limited to, the standards developed bythe Electronics Industry Association, Institute of Electrical andElectronics Engineers, Telecommunications Industry Association,American National Standards Institute, and the Electrical IndustryAssociation.5. The applicant shall demonstrate that the proposed antenna andantenna support structure are safe and that the surrounding propertieswill not be negatively affected by support structure failure, falling iceor other debris, electromagnetic fields, or radio frequencyinterference. All support structures shall be fitted with anti-climbingdevices, as approved by the manufacturers.6. In order to reduce the number of antenna support structures needed inthe <strong>Borough</strong> in the future, the proposed antenna support structureshall be required to accommodate, where possible, other users,including other cellular communications providers and local police,fire, and ambulance services.7. The applicant must demonstrate that it is licensed by the FederalCommunications Commission (FCC) to provide wirelesscommunications, cellular communications, and/or personalcommunications services.8. A security fence not less than eight (8) feet in height shall berequired around the cell site unless the antenna is mounted on anexisting structure.128


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulations9. The cell site shall be fully automated and not require anymaintenance workers to be present on a full-time basis.10. Not less than two (2) parking spaces shall be provided to serve thecell site.11. The cell site shall be kept in good repair as required by FederalLaw H.R. 6180/s. 2882, the Telecommunications Authorization Actof 1992, as amended, and all <strong>Borough</strong> ordinances not inconsistenttherewith.12. Prior to the construction or installation of an antenna on an existingstructure or the construction or placement of an antenna supportstructure, the applicant shall obtain a permit from the BCO or ZO.13. When the antenna and antenna support structure have ceased tofunction and/or have been abandoned, such structures shall beremoved from the site within sixty (60) days after officialabandonment. Also see “Abandonment” in Article 2 and Section1805 relating to abandonment of nonconforming uses.1524 Design StandardsThis section shall apply to all structures constructed after this <strong>Ordinance</strong> isadopted and to new additions of four hundred (400) square feet or more:1. Unless stated otherwise, the following provisions apply to designconsiderations in the MC – Municipal Center district, RS – RetailService district, and GB – General Business district.a. Unscreened, flat, blank walls shall be avoided to provide apleasant pedestrian experience by connecting activitieswithin a structure to the adjacent sidewalk and/or transitstop.b. At the street level of commercial, institutional, and mixeduse buildings, not less than fifty (50) percent of the lengthand twenty-five (25) percent of the wall surface must be inpublic entranceways, windows, or retail/service displaywindows.c. Where practicable, façades over fifty (50) feet long shall bedivided into shorter segments by repeating windowpatterns, change in materials, canopies, varying roof lines,or other architectural detailing.129


<strong>Folcroft</strong> <strong>Borough</strong> Coded. Buildings must have at least a five (5) foot offset in allfaçades for every fifty (50) feet of continuous façade. Suchoffsets may be met through the use of bay windows,porches, porticos, building extensions, towers, and otherarchitectural treatments.e. The street façade of principal structures shall have at leastone (1) street-oriented entrance and contain the principalwindows of the structure.f. Pitched roofs shall provide overhanging eaves that extend aminimum of one (1) foot beyond the building wall.g. Buildings shall contain materials, windows, doors, andarchitectural details that are generally compatible withthose features in nearby and adjoining buildings.h. Where practicable, utilities shall be placed underground innew developments.i. Automobile entrances to the site shall be placed in such away as to maximize safety and efficient traffic circulationand minimize impact on the surrounding area.j. Sidewalks or walkways not less than five (5) feet wide shallbe required in front of and/or adjacent to commercial,institutional, and mixed use buildings.k. Sidewalks shall be constructed along the frontage of allpublic streets and within and along the frontage of all newdevelopment and redevelopment.l. In the RS – Retail Service and the MC – Municipal Centerdistricts, walkways that cross parking, loading, or drivewayareas must be clearly identifiable through the use ofelevation change, different paving material, or other similarmethod.m. Lighting shall be provided for parking areas and pedestrianpaths to ensure safety and convenience.n. Where feasible, plazas shall be provided in developmentsgreater than two (2) acres in area. Not less than one (1)seating space for each two hundred fifty (250) square feetof plaza area shall be provided.130


<strong>Zoning</strong> <strong>Ordinance</strong>Article 15 – General Regulationso. Parking garages shall be served by pedestrian walkwaysand connection to the sidewalk/pedestrian system. Thesewalkways shall be clearly marked and continuous indesign.p. Pedestrian amenities such as benches, public art, picnicareas, seating areas, fountains, planters, etc. shall be locatedin landscaped areas, open spaces, plazas, or along publicstreets.2. Unless stated otherwise, the following provisions apply to designconsiderations in the R-1, R-2, and R-3 Residential districts.a. New residential dwellings shall be generally consistentwith the design of existing neighboring dwellings.b. Sidewalks shall be constructed along the frontage of allnew residential buildings and additions of four hundred(400) square feet or more.c. Where practicable, utilities shall be placed underground innew developments.d. Stairs and ramps consistent with ADA standards shall beprovided where necessary to provide a safe route betweenthe dwelling and the street and sidewalk.e. The street façade of principal structures shall have at leastone (1) street-oriented entrance and contain the principalwindows of the structure.131


ARTICLE 16PROCEDURES AND STANDARDS FOR CONDITIONAL USES1600 PurposeThe purpose of this Article is to provide conditions and standards forconditional uses. In these cases, <strong>Borough</strong> Council may attach reasonableconditions and safeguards, in addition to those expressed in this Article, asit may deem necessary to implement the purposes of this <strong>Ordinance</strong> andthose of the MPC, Act 247, as amended.1601 General RequirementsIn any instance where <strong>Borough</strong> Council is required to consider a requestfor a conditional use permit, Council shall consider the provisions of thisArticle.1602 Standards for Review of Conditional Uses1. In any instance where Council is required to consider a request fora conditional use, Council shall consider the following factorswhere appropriate:a. That the proposed use is appropriate for the site in questionin terms of size, topography, natural features, drainage,sewage disposal, water supply, accessibility, andavailability of public services and that adequate provisionsare made to protect sensitive environmental features suchas streams, wetlands, slopes, and mature trees.b. That the proposed use is compatible with the character ofthe surrounding neighborhood and will not interfere with ordetract from legitimate uses and adjacent properties andthat adequate measures will be provided through buildingdesign, site layout, landscaping, planting, and operationalcontrols to minimize any impacts caused by noise, lights,glare, odors, smoke, fumes, traffic, parking, loading, andsignage.c. That the proposed conditional use will serve the bestinterest of the <strong>Borough</strong>, convenience of the community,and the public health, safety, and welfare.133


<strong>Folcroft</strong> <strong>Borough</strong> Coded. That the proposed use is consistent with the most recentlyadopted Community Development Objectives for <strong>Folcroft</strong><strong>Borough</strong>.e. That the proposed use promotes orderly development,proper population density, and the provision of adequatecommunity facilities and services, including police and fireprotection.f. That the proposed use is suitable in terms of its effect onhighway safety and traffic circulation and that access, onsitecirculation, and parking are adequate in view ofanticipated traffic.2. In cases where conditional uses are not accompanied by specificstandards listed below in this Article, the regulations in Section1603 below shall apply.3. Financial hardship shall not be construed as a basis for grantingconditional uses.4. In granting any request for a conditional use, Council may attachreasonable conditions and safeguards in addition to thoseexpressed in this Article as it may deem necessary to implementthe purposes of the MPC and this <strong>Ordinance</strong>, which conditions andsafeguards may relate to, but not be limited to, screening, lighting,noise, safety, aesthetics, and the minimization of noxious,offensive, or hazardous elements. Such conditional use shall beclearly authorized by a provision in this <strong>Ordinance</strong> and shall,where applicable, comply with the more specific standards relatingto such use contained in appropriate sections of this Article.1603 Requirements for Review Where Standards Are Not ProvidedIn cases where this Article does not provide specific standards forconditional uses, the following dimensional requirements will be appliedby <strong>Borough</strong> Council:1. In residential districts, the area, bulk, and any other applicablerequirements shall be no less stringent than those for single-familydwellings in the district where the use is proposed.2. In nonresidential districts, the area, bulk, and any other applicablerequirements shall be no less stringent than those for the use thatrequires the greatest dimensions in the applicable nonresidentialdistrict.134


<strong>Zoning</strong> <strong>Ordinance</strong>Article 16 – Procedures and Standards for Conditional Uses3. <strong>Borough</strong> Council may require reasonable requirements in additionto those in subsections 1 or 2 above, provided that Council makesone or more of the following determinations:1604 Standards of Proofa. That the requirements of subsections 1 and 2 above areclearly:(1) Insufficient to accommodate the proposed building,facility, or use.(2) Insufficient to provide adequate area for parkingand loading, as required by Article 13.(3) Insufficient to provide for lot areas and dimensionsnecessary to protect the adjacent area from thepotential adverse impacts of the proposed use, suchas noise, vibration, air pollution, and similarimpacts.An applicant for a conditional use permit shall have the burden ofestablishing both:1. That the application falls within the provisions of this <strong>Ordinance</strong>,which affords the applicant the right to seek a conditional usepermit, and2. That the allowance of a conditional use permit will not be contraryto the public interest.1605 Impact on the Public InterestIn determining whether the allowance of a conditional use permit iscontrary to the public interest, Council shall consider whether theapplication, if granted, will:1. Adversely affect the public health, safety, and welfare due tochanges in traffic conditions, drainage, air quality, noise levels,neighborhood property values, natural features, and neighborhoodaesthetic characteristics.2. Be in accordance with the most recently adopted CommunityDevelopment Objectives for <strong>Folcroft</strong> <strong>Borough</strong>.3. Provide required parking in accordance with Article 13.135


<strong>Folcroft</strong> <strong>Borough</strong> Code4. Adversely affect the logical, efficient, and economical extension orprovision of public services and facilities such as public water,sewers, refuse collection, police, fire protection, and publicschools.5. Otherwise adversely affect the public health, safety, or welfare.1606 Expiration of Conditional Use PermitsUnless otherwise specified by Council, a conditional use permit shallexpire if the applicant fails to obtain a building permit within six (6)months from the date of authorization thereof, unless the applicant canshow that there were permitting delays beyond his control.1607 Churches or Other Religious Uses1608 CemeteriesIn all residential districts and the MC – Municipal Center district, churchesand other religious uses, including rectories, classrooms for religiousinstruction, or similar customary religious activities, shall be permitted asa conditional use, subject to the dimensional requirements listed below:1. Minimum lot area One quarter (1/4) acre2. Building coverage Seventy (70) percent maximum3. Front yard Fifteen (15) feet4. Rear yard Fifteen (15) feet5. Side yard Fifteen (15) feetA cemetery shall be permitted as a conditional use in the R-1 Residentialdistrict, subject to the following regulations:1. A minimum site of five (5) acres shall be required.2. All access shall be provided from a major or secondarythoroughfare.3. A planted visual screen, subject to Section 1516, between six (6)and eight (8) feet in height shall run along the borders withresidential districts.136


<strong>Zoning</strong> <strong>Ordinance</strong>Article 16 – Procedures and Standards for Conditional Uses4. Buildings, structures, or materials shall be set back from adjoiningproperty lines at least thirty (30) feet.5. Adequate off-street parking shall be provided for funeralprocessions such that no vehicle stands or waits in a right-of-way.1609 Gasoline Service StationsA gasoline service station shall be permitted as a conditional use in the GB– General Business district, subject to the following requirements:1. All pumps and principal buildings shall be located not less thanthirty (30) feet from all property lines.2. All pumps shall be located outside of buildings.3. All fuel containers in excess of one hundred (100) gallons shall belocated underground.4. No service station shall be located within two hundred (200) feetof a school, church, day care center, or place of public assemblyhaving a capacity of more than fifty (50) persons. The required twohundred (200) feet shall be measured in the shortest distancebetween the service station property and any of the above-noteduses.5. Hydraulic hoists, pits, and all lubrication, greasing, washing, andrepair equipment shall be entirely enclosed within a building.6. Exterior lighting shall be shielded so that it is deflected fromadjacent or nearby properties and from motorists on public streets.7. Gasoline service stations shall also comply with all applicableregulations of the Fire Marshal Division of the Pennsylvania StatePolice and with those of any other applicable state or federalagency.137


<strong>Folcroft</strong> <strong>Borough</strong> Code1610 Schools and CollegesElementary schools, middle schools, high schools, charter schools,vocational schools, technical schools, and colleges and universities shallbe permitted as conditional uses in the MC – Municipal Center district, butnot including private, for-profit trade schools such as truck driving,dancing, cooking, etc., subject to the following regulations (unless statedotherwise, all requirements are minimum):1. Lot size Two (2) acres2. Lot width One hundred fifty (150) feet3. Building coverage Forty (40) percent of lotmaximum4. Impervious surface Sixty (60) percent of lotmaximum5. Front yard Fifty (50) feet on eachstreet the lot abuts6. Side yards Thirty (30) feet7. Rear yard Fifty (50) feet8. Height Fifty (50) feet maximum9. Parking As required in Article 1310. Signs As required in Article 141611 Public and Private Swim ClubsA public or private swim club shall be permitted as a conditional use in theMC − Municipal Center district, subject to the following regulations:1. Swimming pools shall not be located less than twenty (20) feetfrom any property line.2. No swimming pool shall be located under utility or electric lines.3. Swimming pools shall comply with all other applicable localregulations.138


<strong>Zoning</strong> <strong>Ordinance</strong>Article 16 – Procedures and Standards for Conditional Uses4. A plan and sketch for all public and private swim clubs shall besubmitted to the <strong>Borough</strong> prior to new development or alteration ofexisting pools.5. For safety purposes, a fence not less than six (6) feet high mustsurround all swimming pools.6. All fences surrounding pools shall have a self-locking gate and shallbe of a design and quality to adequately prevent unauthorizedchildren or animals from entering the pool area.7. Pool lighting fixtures shall be placed, directed, or shielded to protectneighboring properties from light or glare.8. Parking shall be in accordance with Article 13.9. Signs shall be in accordance with Article 14.1612 Public Parking GaragesIn the RS – Retail Service district, a public parking garage as anindependent use shall be permitted only as a conditional use, subject to thefollowing requirements:1. A parking garage may be the principal use on the lot.2. Lot size shall be between ten thousand (10,000) and twentythousand (20,000) square feet.3. The height of the parking garage shall not exceed thirty (30) feet.4. Parking garage structures shall have awnings, landscapingelements, street furniture, and other design treatments to create theappearance of an occupied building.5. Vehicles shall be visually screened from adjacent buildings and thestreet, and such screening shall be in keeping with the remainder ofthe building’s architectural style and materials.1613 Funeral Homes or MortuariesA funeral home or mortuary shall be a conditional use in the GB – GeneralBusiness district, subject to the following regulations:1. The site shall be located so as to have one (1) property lineabutting a major or secondary thoroughfare.139


<strong>Folcroft</strong> <strong>Borough</strong> Code2. Adequate points of access shall be provided to and from any majoror secondary thoroughfare.3. No building shall be located within thirty (30) feet of a residentialdistrict.4. Where a funeral home or mortuary abuts a residential district, aplanted visual screen, subject to Section 1516, shall be employed.5. Parking shall be in accordance with Article 13.1614 Places of AmusementA place of amusement shall be a conditional use in the RS – Retail Serviceand GB – General Business districts, subject to Section 1603.1615 Residential Car WashesA car wash establishment shall be permitted only as a conditional use inthe GB – General Business district.1. Exterior lighting shall be shielded or deflected from adjacent ornearby properties and public sidewalks and streets.2. The facility shall be designed to accommodate not less than eight(8) waiting vehicles on the property.3. A planted visual screen shall be provided in accordance withSection 1516.4. Where applicable, the facility shall be designed and/or screened sothat the headlights of automobiles approaching, waiting, or exitingthe facility do not shine directly on adjacent properties.1616 Health Clubs or SpasA health club or spa shall be permitted as a conditional use in the RS –Retail Service and GB – General Business districts and as a use permittedby right in both LIB – Light Industrial/Business Park districts, subject tothe following requirements:1. Minimum lot size shall be ten thousand (10,000) square feet.2. Parking shall be in accordance with Article 13.140


<strong>Zoning</strong> <strong>Ordinance</strong>Article 16 – Procedures and Standards for Conditional Uses3. Signs shall be in accordance with Article 14.4. A planted visual screen shall be provided in accordance withSection 1516 where a health club/spa borders a residential area.1617 Assisted Care FacilitiesAn assisted care facility shall be permitted as a conditional use in the MC– Municipal Center district, subject to the following regulations:1. An assisted care facility may contain any one or preferably acombination of the following:a. Residential living units.b. Skilled nursing facilities.c. Common dining facilities.d. Physical therapy facilities.e. An auditorium.f. Recreational facilities.g. On-site personal service shops.h. Administrative offices.2. The following requirements are minimum unless otherwise stated:a. Lot area Two (2) acresb. Distance between buildings Fifty (50) feetc. Building coverage Forty (40) percentmaximumd. Impervious surface Sixty (60) percentmaximume. Setbacks Seventy-five (75) feetwhen abutting a residentialdistrict, fifty(50) feet otherwise141


<strong>Folcroft</strong> <strong>Borough</strong> Code1618 Adult Usesf. Planted visual screen In accordance withSection 1516g. Height Fifty (50) feet maximumh. Parking In accordance withArticle 13i. Signage In accordance withArticle 14Adult uses shall be permitted as a conditional use in the LIB - A – LightIndustrial/Business Park - A district, subject to the following regulations:1. In the case of adult uses, both a planted visual screen in accordancewith Section 1516 and an opaque fence shall be required.2. The height of the planted visual screen/opaque fence shall bebetween eight (8) and ten (10) feet on the side and rear yards of theuse.3. No obscene material, representation, or sign shall be placed ordisplayed so as to be visible from outside the establishment. Signsshall be limited to a verbal description of material or servicesavailable on the premises and shall not include any graphic orpictorial depiction of such materials or services.4. No person under the age of eighteen (18) shall be permitted in anestablishment containing an adult use or which sells anypornographic materials.1619 Office BuildingsIn the TOD – Transit-oriented Development Overlay district, individualoffice buildings shall be permitted only as a conditional use, subject to thefollowing requirements:1. There shall be a distance of not less than fifty (50) feet between anoffice building and any other principal building.2. Office buildings shall be linked to other buildings and publictransit by pedestrian and bicycle paths in the development.142


<strong>Zoning</strong> <strong>Ordinance</strong>Article 16 – Procedures and Standards for Conditional Uses1620 Hotels3. Parking shall be in accordance with Article 13.4. Signs shall be in accordance with Article 14.5. Development and design standards, as applicable, shall be inaccordance with Section 1208.A hotel developed as an individual building shall be permitted only as aconditional use in the TOD – Transit-oriented Development Overlaydistrict. Hotels that are part of a unified development plan shall bepermitted by right. In both cases, hotels shall comply with the followingrequirements:1. The applicable dimensional standards for mixed use buildings andmulti-family buildings, as per Section 1207.2. Development and design standards shall be in accordance withSection 1208.3. Parking shall be in accordance with Article 13.4. Signs shall be in accordance with Article 14.5. All other applicable provisions of Article 12, TOD – TransitorientedDevelopment Overlay district, shall apply to hotels.143


ARTICLE 17PROCEDURES AND STANDARDS FOR SPECIAL EXCEPTIONS1700 PurposeThe purpose of this Article is to provide conditions and standards for usespermitted by special exception. In these cases, the <strong>Zoning</strong> Hearing Boardmay attach reasonable conditions and safeguards, in addition to thoseexpressed in this Article, as it may deem necessary to implement thepurposes of this <strong>Ordinance</strong> and those of the MPC, as amended.1701 General RequirementsIn any instance where the <strong>Zoning</strong> Hearing Board is required to consider arequest for a special exception, the <strong>Zoning</strong> Hearing Board shall considerthe provisions of this Article.1702 Standards for Review of Special ExceptionsSee Section 2106.2.1703 Requirements for Review Where Dimensional Standards Are NotProvidedIn cases where this <strong>Ordinance</strong> does not provide specific dimensionalstandards for uses permitted by special exception, the following generaldimensional standards will be applied by the <strong>Zoning</strong> Hearing Board:1. In residential districts, the area, bulk, and any other applicablerequirements shall not be less than those for single-familydwellings in the district where the use is proposed.2. The <strong>Zoning</strong> Hearing Board may require additional, reasonable butmore stringent standards than those required in subsection 1 above,provided that the Board makes one or more of the followingdeterminations:3. That the requirements of subsection 1 above are clearly:a. Insufficient to accommodate the proposed building, facility,or use, and that greater dimensional requirements wouldsubstantially alleviate that condition.145


<strong>Folcroft</strong> <strong>Borough</strong> Codeb. Insufficient to provide adequate area for parking andloading, as required by Article 13, and that greaterrequirements would substantially alleviate that condition.c. Insufficient to provide for lot areas and dimensionsnecessary to protect the adjacent area from the potentialadverse impacts of the proposed use, such as noise,vibration, air pollution, and similar impacts, and thatgreater dimensional requirements would substantiallyalleviate that condition.4. All parking requirements of Article 13 shall be followed.1704 Major Home OccupationsA major home occupation shall be permitted as a special exception in theR-1 Residential district, subject to the following regulations:1. The occupation shall be conducted entirely within the dwelling andshall be clearly incidental and secondary to the residential use ofthe dwelling.2. Only one (1) occupation per dwelling shall be permitted.3. Not more than two (2) persons other than a resident shall beengaged as an employee or volunteer.4. Not more than twenty-five (25) percent of the gross floor area ofthe dwelling shall be used for the home occupation, except that upto fifty (50) percent may be used in the case of doctors or dentists.Areas used for storage shall be included in this calculation.5. No external alterations inconsistent with the residential use shall bepermitted.6. There shall be no display of materials or products visible fromoutside the dwelling.7. No noise, vibration, smoke, glare, or any other impact shall benoticeable at or beyond the property line.8. There shall be no outdoor storage of equipment, materials, orsupplies.9. Parking shall be provided, subject to Article 13.146


<strong>Zoning</strong> <strong>Ordinance</strong>Article 17 – Procedures and Standards for Special Exceptions10. A home occupation shall in no case be operated before 8:00 a.m. orafter 8:00 p.m.11. All home occupations shall be subject to periodic inspection by theBCO or ZO.12. A special exception shall not be granted when it appears to the<strong>Zoning</strong> Hearing Board that the proposed major home occupationwill constitute a fire hazard to neighboring residences, willadversely affect neighboring property value, or will constitute anuisance or otherwise be detrimental to the neighbors because ofexcessive traffic, noise, odor, or other negative circumstances.1705 Apartments Containing More Than Four (4) UnitsIn the R-3 – Apartment and GB – General Business districts, apartmentbuildings containing more than four (4) units shall be permitted as aspecial exception. In the GB district, the apartment building shall notexceed ten (10) units. These apartment buildings shall be subject to therequirements below:1. Lot area Two thousand (2,000) square feet perunit, with a minimum of twelvethousand (12,000) square feet2. Lot width Sixty (60) feet minimum3. Yardsa. Front yard Thirty (30) feet minimumb. Side yards Twenty-five (25) feet aggregate andten (10) feet minimumc. Rear yard Thirty (30) feet minimum4. Building coverage Forty-five (45) percent maximum5. Height Thirty-five (35) feet maximum147


<strong>Folcroft</strong> <strong>Borough</strong> Code1706 Municipal Facilities, Heavy ImpactIn the MC – Municipal Center district, municipal facilities, heavy impact,including storage, repair, and parking of trucks, cars, and heavy equipmentfor municipal purposes, shall be permitted only as a special exception,subject to the following requirements:1. Height and all setbacks shall be in accordance with Section 605.2. There shall be a planted visual screen, subject to Section 1516,along the side and rear lot lines wherever a boundary is formedwith a residential district.3. Outdoor storage shall be allowed, provided that a planted visualscreen, subject to Section 1516, is provided.4. All special exception fees for municipal facilities shall be waived.148


ARTICLE 18NONCONFORMING USES, STRUCTURES, AND LOTS1800 Purpose1801 Continuation1802 EnlargementWithin the districts established by this <strong>Ordinance</strong> or amendments thereto,there exist certain uses, structures, and lots that were lawful before this<strong>Ordinance</strong> was enacted but which do not conform to the provisions of this<strong>Ordinance</strong> or amendment thereto. These uses, structures, or lots are referredto as nonconformities. The regulations governing existing nonconforminguses, structures, and lots are set forth in this Article and are intended toprovide a gradual remedy for the undesirable conditions resulting from suchnonconformities. While such nonconformities are generally permitted tocontinue, regulations are intended to restrict further investment in suchnonconformities and to bring about their gradual reduction.All structures, lots, uses of structures, and uses of land that do not conform tothe regulations of the district in which they are located after the effective dateof this <strong>Ordinance</strong> or amendment thereto shall be regarded as nonconformingand may be continued so long as they remain otherwise lawful, includingsubsequent sales of property. Such uses must comply with all safety relatedand other applicable regulations.1. A nonconforming use or structure may be extended, enlarged, oraltered when so authorized as a special exception, provided that thefollowing conditions are met and a zoning permit is obtained as perthe requirements in Article 20:a. It is clear that such enlargement or extension is not materiallydetrimental to the health, safety, and welfare of thesurrounding area.b. The proposed enlargement or extension only occurs on thetract where the nonconformity is currently located.c. The area devoted to the nonconforming use shall not beincreased by more than twenty-five (25) percent. Thenonconforming structure shall not be increased by more thantwenty-five (25) percent of its cubic content.149


<strong>Folcroft</strong> <strong>Borough</strong> Code1803 Change of Use1804 Enclosured. Any extension or enlargement of a building shall conform tothe area, height, and setback regulations of the district inwhich it is located. In determining cubic content, that portionof a stack or projection above the highest point of the principalbuilding shall be excluded from the calculation.e. Not more than one (1) extension or enlargement to anonconforming use or structure shall be granted.Once changed to a conforming use, no structure or land shall be permitted torevert to a nonconforming use. A nonconforming use may be changed toanother equally restrictive or more restrictive nonconforming use, when sodetermined by <strong>Borough</strong> Council, subject to the following conditions:1. The applicant shall show that the nonconforming use cannot bereasonably changed to a conforming use.2. The applicant shall show that the proposed change will not increaseexternal effects more than the existing nonconforming use or will bemore appropriate than the existing nonconforming use with regard to:a. Traffic generation and congestion.b. Parking.c. Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, orvibration.d. Outdoor storage.e. Sanitary sewage disposal.3. A zoning permit is obtained from the <strong>Borough</strong>, as per Article 20.Where a nonconforming use is conducted entirely on unenclosed premises,no structure to house or enclose such use, whether or not such structurewould otherwise conform to zoning regulations, shall be permitted to beerected on the premises.150


<strong>Zoning</strong> <strong>Ordinance</strong>Article 18 – Nonconforming Uses, Structures, and Lots1805 AbandonmentIf a nonconforming use of a building or land is abandoned for six (6)consecutive months for residential uses and twelve (12) consecutivemonths for nonresidential uses, whereby the owner discontinues the use,the subsequent use of such a building or land shall conform to theregulations of the district in which it is located.1806 Reconstruction1. A nonconforming structure, a conforming structure devoted to anonconforming use, or a structure that has been legally condemned ordestroyed by fire or other cause to less than seventy-five (75) percentof the current value of the structure may be reconstructed and usedfor the same nonconforming use, provided that:1807 Repairs and Maintenancea. The reconstructed structure shall not exceed the height, area,and volume of the building destroyed or condemned.b. Reconstruction of the structure shall commence within twelve(12) months from the date the structure was destroyed orcondemned, unless <strong>Borough</strong> Council shall authorize aconditional use for an extension of this time limit. However,an extension may be granted if permitting causes any delay inconstruction.1. On any nonconforming structure or portion of a structure containing anonconforming use, work may be done in any period of six (6)consecutive months on ordinary repairs or on repair or replacement ofnon-bearing walls, fixtures, wiring, or plumbing, provided that thecubic content existing when it became nonconforming shall not beincreased.2. If a nonconforming structure becomes physically unsafe due to lackof repairs and maintenance and is declared by the <strong>Zoning</strong> Officer orapplicable party to be unsafe by reason of physical condition, it shallnot thereafter be restored or repaired except to conform to theregulations of the district in which it is located.3. Nothing in this <strong>Ordinance</strong> shall be construed to prevent thestrengthening or restoring to a safe condition of any building or partthereof declared to be unsafe by the <strong>Zoning</strong> Officer.151


<strong>Folcroft</strong> <strong>Borough</strong> Code1808 DisplacementNo nonconforming use shall displace a conforming use.1809 Nonconforming LotsA lot held in single and separate ownership on the effective date of this<strong>Ordinance</strong> which does not contain the required minimum area or width asstated in this <strong>Ordinance</strong> may be used for the construction, alteration, orreconstruction of a building or may be otherwise used if the construction,alteration, reconstruction, or other use is in compliance with the use, yard,and setback provisions of this <strong>Ordinance</strong>.1810 Reduction of Lot AreaNo lot area shall be so reduced that the area of the lot or the dimensions ofthe open space shall be smaller than herein prescribed.1811 Reduction of a Nonconforming UseIn any case where a nonconforming use changes to another use, it shall bepermitted to continue, provided that the overall impact and total size of thenew use is less than the previous nonconforming use and is approachingconformity.1812 Nonconforming SignsRegulations for nonconforming signs are in Section 1407.1813 Registration of Nonconforming Uses1814 Ownership1815 ViolationsAs needed, the <strong>Zoning</strong> Officer may prepare, or cause to be prepared, acomplete list of all nonconforming uses, structures, lots, and signs in the<strong>Borough</strong>.Whenever a lot is sold to a new owner, a previously lawful nonconforminguse shall be allowed to continue by the new owner.An altered nonconforming structure or a nonconforming use created inviolation of any provisions in this Article shall be regarded as continuing insuch violation and shall not enjoy the privilege of legal continuanceconferred by Section 1801 upon other nonconforming structures and uses.152


ARTICLE 19PERFORMANCE STANDARDS1900 PurposeThe purpose of this Article is to ensure adequate protection for the residentsof the <strong>Borough</strong> against the possible negative effects of certain uses,processes, or activities applicable to all districts, but particularly tocommercial and industrial/business park districts.1901 Administration1. Interpretation and Application of Standardsa. The performance standards contained herein shall be theminimum standards to be met and maintained by all usesestablished after the effective date of this <strong>Ordinance</strong>.Standards established by the Pennsylvania Department ofEnvironmental Protection, the United States EnvironmentalProtection Agency, or other applicable county, state, orfederal agencies shall apply where those standards are morerestrictive than the standards set forth below.b. If any existing use or building or other structure is extended,enlarged, or reconstructed, the performance standards hereinshall only apply to such extended, enlarged, or reconstructedportion or portions of such use, building, or other structure.2. Application Submittala. Applications for industrial uses shall be accompanied by acertification from a professional engineer registered in theCommonwealth of Pennsylvania that the proposed use canmeet the performance standards set forth in this <strong>Ordinance</strong>.All applications shall include, but shall not be limited to, thefollowing informational items:(1) Plans of existing and/or proposed construction anddevelopment;(2) A description of existing and/or proposed machinery,processes, and products;153


<strong>Folcroft</strong> <strong>Borough</strong> Code3. Application Review(3) Specifications for the mechanisms and techniquesused or proposed to be used in restricting possibledangerous or objectionable conditions as set forth inthis <strong>Ordinance</strong>; and(4) Measurement or estimate of the amount or rate ofemission of any dangerous or objectionable elementsas set forth in this <strong>Ordinance</strong>.All applications for industrial uses shall be reviewed by the <strong>Borough</strong>Engineer for compliance with the performance standards listed inSection 1902. No application for an industrial use shall be approveduntil it is certified in writing by the <strong>Borough</strong> Engineer that theproposed use can meet these performance standards.4. Enforcement and Costs1902 Performance Standardsa. The <strong>Zoning</strong> Officer shall investigate any purported violationof the performance standards noted below. Enforcementprocedures shall be in accordance with Article 20.b. If violations, as alleged, are found, costs of such determinationsshall be charged against those responsible for theviolations, in addition to such other penalties as may beappropriate. If, however, it is determined that no violationexists, the <strong>Borough</strong> shall pay for the costs of the determination.1. Air QualityThere shall be no emission of smoke, ash, dust, fumes, vapors, gases,or other matter, toxic or noxious, to air which violates thePennsylvania Air Pollution Control Laws, including the standards setforth in Chapter 123 (Standards for Contaminants) and Chapter 131(Ambient Air Quality Standards), Article 111, Title 25, PennsylvaniaDepartment of Environmental Protection, Rules and Regulations.2. Fire and Explosive HazardsAll activities and all storage of flammable and explosive material atany point shall be provided with adequate safety devices against thehazard of fire and explosion, adequate fire fighting, fire suppression154


<strong>Zoning</strong> <strong>Ordinance</strong>Article 19 – Performance Standardsequipment, and devices as detailed and specified by the laws of theCommonwealth of Pennsylvania. All buildings, structures, andactivities within such facilities shall conform to the most recentlyadopted Pennsylvania Uniform Construction Code, the National FireCode, and any applicable <strong>Borough</strong> ordinances. Any explosive materialshall conform to the requirements of Chapter 211, Title 25, Rulesand Regulations, Pennsylvania Department of EnvironmentalProtection, for storing, handling, and use of explosives.3. Glare and HeatNo direct or sky-reflected glare, whether from floodlights or hightemperature processes such as combustion, welding, or otherwise,visible at the lot line shall be permitted, except for emergencyindustrial operations and safety purposes. These regulations shall notapply to signs or floodlighting of parking areas. There shall be noemission or transmission of heat or heated air discernible at the lotline.4. Liquid and Solid Waste5. NoiseThere shall be no discharge of materials at any point into any publicor private sewage system, watercourse, or into the ground in such away or nature as will contaminate or otherwise cause the emission ofhazardous materials in violation of the ordinances of <strong>Folcroft</strong><strong>Borough</strong> and the laws of the Commonwealth of Pennsylvania,specifically Chapters 73, 75, 95, and 97, Title 25, PennsylvaniaDepartment of Environmental Protection, Rules and Regulations.No person shall operate or cause to be operated on private or publicproperty any source of continuous sound (any sound which is static,fluctuating, or intermittent with a recurrence greater than one (1)time in any fifteen (15) second interval) in such a manner as to createa sound level which exceeds the limits set forth in the following tablewhen measured at or within the property boundary of the receivingland use.155


<strong>Folcroft</strong> <strong>Borough</strong> CodeReceiving LandSound LevelUse Category Time LimitResidential, public 1) 7:00 a.m.-10:00 p.m. 60 dBAspace, open space, orinstitutional 2) 10:00 p.m.-7:00 a.m. 50 dBA(including Sundays and legalholidays)Commercial or 1) 7:00 a.m.-10:00 p.m. 65 dBAbusiness2) 10:00 p.m.-7:00 a.m. 60 dBA(including Sundays and legalholidays)Industrial At all times 70 dBAa. For any source of sound that emits a pure tone, the maximumsound level limits set forth in the above table shall be reducedby five (5) dBA. For any source of sound which emits animpulsive sound (a sound of short duration, with an abruptonset and rapid delay and an occurrence of not more than one(1) time in any fifteen (15) second interval), the sound pressurelevel shall not exceed twenty (20) dBA over the ambient soundlevel, regardless of time of day or night of receiving land use,using the “fast” meter characteristics of a Type II Meter,meeting the ANSI specifications S1.4-1971.b. The maximum permissible sound levels as listed in the abovetable shall not apply to any of the following noise sources:(1) The emission of sound for the purpose of alertingpersons to the existence of an emergency or associatedpractice drills.(2) Emergency work to provide electricity, water, or otherpublic utilities when public health or safety is involved.(3) Public celebrations specifically authorized by the<strong>Borough</strong>.c. Motor vehicle operations shall not exceed the noise levelsestablished in Chapter 157 of Title 67 of the PennsylvaniaCode of Regulations, Subchapter B, Established Sound Levels.156


<strong>Zoning</strong> <strong>Ordinance</strong>Article 19 – Performance Standards6. OdorsNo uses shall emit odorous gases or other odorous matter in suchquantities so as to be offensive at any point on or beyond its lot lines.The guide for determining such quantities of offensive odors shall bethe fifty (50) percent response level of Table 1 (Odor Thresholds inAir), “Research of Chemical Odors: Part I - Odor Thresholds for 53Commercial Chemicals,” October 1986, Manufacturing ChemistsAssociation, Inc., Washington, D.C.7. VibrationNo vibration shall be produced that is transmitted through the groundand is discernible without the aid of instruments at or at any pointbeyond the lot line except for repair and construction work.8. Radioactivity or Electrical DisturbancesThere shall be no activities that emit dangerous radioactivity at anypoint. There shall be no radio or electrical disturbances adverselyaffecting the operation of equipment belonging to someone otherthan the creator of the disturbance. If any use is proposed whichincorporates the use of any radioactive material, equipment, orsupplies, such use shall be in strict conformity with Chapters 221,223, 225, 227, and 229, Title 25, Article V, PennsylvaniaDepartment of Environmental Protection, Rules and Regulations.9. Public Health and SafetyNo use shall create any other objectionable condition in an adjoiningarea that will endanger public health and safety or be detrimental tothe public use of the surrounding area.157


ARTICLE 20ADMINISTRATION, ENFORCEMENT, AND AMENDMENT2000 PurposeThe purpose of this Article is to set forth procedures for the administration,enforcement, and amendment of this <strong>Ordinance</strong>, in accordance with thePennsylvania Municipalities Planning Code, Act 247, as amended.2001 Administration1. The administration, enforcement, and amendment of this <strong>Ordinance</strong>shall be in accordance with the provisions of Article VI and anyother applicable sections of the Pennsylvania MunicipalitiesPlanning Code, Act 247, as amended, hereinafter referred to in thisArticle as the MPC.2. There shall be a <strong>Zoning</strong> Officer (ZO) who shall be appointed by<strong>Borough</strong> Council. The powers and duties of the ZO listed in thisArticle may be exercised by the <strong>Borough</strong> Manager and, in somecases, the Building Code Official. All employees engaged in theadministration and enforcement of this <strong>Ordinance</strong> shall report to theappropriate Council Committee person and the <strong>Borough</strong> Manager.3. The ZO and <strong>Borough</strong> Manager shall not hold any elected office inthe <strong>Borough</strong>.4. The ZO shall administer this <strong>Ordinance</strong> in accordance with its literalterms and shall not have the power to permit any construction, use,or change of use that does not conform to this <strong>Ordinance</strong>.5. The ZO may be authorized to institute civil and criminal enforcementproceedings as a means of enforcing this <strong>Ordinance</strong>.6. The following duties shall be performed by the ZO:a. Enforce all provisions of this <strong>Ordinance</strong> and all amendmentsthereto.159


<strong>Folcroft</strong> <strong>Borough</strong> Codeb. Receive, examine, record, and file all applications and feesfor zoning permits and issue zoning permits only for anystructure or use which conforms to this <strong>Ordinance</strong>.c. Issue permits for uses and construction by conditional use,special exception, or variance only after such uses orbuildings are approved by <strong>Borough</strong> Council or the <strong>Zoning</strong>Hearing Board, in accordance with the provisions of this<strong>Ordinance</strong>. Permits requiring approval by <strong>Borough</strong> Councilshall be issued only after receipt of an authorization fromCouncil.d. Receive all required fees.e. Regularly inspect all areas of the <strong>Borough</strong> to determine ifthere are any violations of this <strong>Ordinance</strong> and review thevalidity of any reported zoning violations.f. Issue all necessary stop orders and order, in writing, correctionof all conditions found to be in violation of this <strong>Ordinance</strong>.It shall be unlawful for any person to violate any suchorder lawfully issued by the ZO, and any person violatingsuch order shall be guilty of a violation of this <strong>Ordinance</strong>.g. Maintain, or cause to be maintained, a map or maps showingthe current zoning classification of all land in the <strong>Borough</strong>.h. Upon request of <strong>Borough</strong> Council, the Planning Commission,or the <strong>Zoning</strong> Hearing Board, present facts, records, and anysimilar information to such body on specific requests to assistthese bodies in reaching their decisions.7. An appeal from a decision or action of the ZO shall be made directlyby a party in interest to the <strong>Zoning</strong> Hearing Board, and such appealshall be made within thirty (30) days after notice of the decision ismade, or if no decision is made, thirty (30) days after the date when adecision is deemed to have been made, in accordance with the MPC,as amended.8. There shall be a Building Code Official (BCO) who has enforcementrights under this <strong>Ordinance</strong> in situations where construction,alterations, repairs, or other physical work on a lot has commenced,and a zoning permit has not been obtained as per this <strong>Ordinance</strong>. TheBCO shall have the right to order the stop of work and require theviolator to acquire permits in accordance with this <strong>Ordinance</strong>. In the160


<strong>Zoning</strong> <strong>Ordinance</strong>Article 20 – Administration, Enforcement, and Amendment2002 Enforcement2003 Permitscase of a vacancy in the position, vacation, or other instance deemedreasonably appropriate by <strong>Borough</strong> Council, the BCO may render azoning determination in lieu of the ZO.9. Whenever a violation of this <strong>Ordinance</strong> is alleged to have occurred,any person may file a written and signed complaint. Such complaint,stating fully the causes and basis thereof, shall be filed with the ZOwho shall record such complaint promptly and immediately investigateand take action thereon as provided in this <strong>Ordinance</strong>.1. If it appears to the <strong>Borough</strong> that a violation of this <strong>Ordinance</strong> hasoccurred, the <strong>Borough</strong> shall initiate enforcement proceedings bysending an enforcement notice to the owner of record of the parcelon which the violation has occurred, to any person who has filed awritten request to receive an enforcement notice regarding thatparcel, and to any other person requested in writing by the owner ofrecord. An enforcement notice shall include the minimum componentsrequired in Section 616.1(c) of the MPC.2. Causes of action and enforcement remedies shall be as set forth inSection 617 of the MPC.3. District justices shall have initial jurisdiction over proceedingsbrought under Section 617.2 of the MPC.1. A zoning permit shall be required prior to the erection or alterationof any building, structure, or portion thereof, including signs andfences, prior to the use or change in use of a building or land, andprior to the change or extension of a nonconforming use orstructure.2. Application for zoning permits shall be made to the ZO, or in thecase of occupancy permits, to the BCO, on such forms as shall befurnished by the <strong>Borough</strong>. Each application shall contain allinformation necessary to ascertain whether the proposed erection,alteration, use, or change in use complies with the provisions ofthis <strong>Ordinance</strong>.161


<strong>Folcroft</strong> <strong>Borough</strong> Code3. Issuance of Permitsa. No building or use permit shall be issued until the ZO hascertified that the proposed building or alteration and theproposed use of the property comply with the provisions ofthis <strong>Ordinance</strong>.b. Permits shall be granted or refused within forty-five (45)days after the date of application. In case of refusal, theapplicant shall be informed of his or her right to appeal to the<strong>Zoning</strong> Hearing Board.4. Prior to the placement or location of a trailer or other temporarystructure on a site, a permit shall be obtained from the ZO as notedabove. Such temporary permit shall be effective for not more thanninety (90) days and may be renewed. However, the total continuoustime for which temporary permits may be issued shall not exceed one(1) year.5. Permits for the erection, razing, change, alteration, or removal of abuilding shall be valid or effective for a period of not more than six(6) months from the date of issuance thereof and shall thereafter bevoid, unless the work authorized by such permit shall have beensubstantially commenced within that period and continues with duediligence from that time forward. In no event shall a zoning permitbe construed to authorize the development activities for more than aone (1) year period of time, after which time a new permit must besought. If, however, the applicant has been delayed in proceedingwith the work for which the permit was granted for reasons beyondhis or her control, and demonstrably not due to his or her ownnegligence, at the discretion of the ZO, the permit may be renewedwithout additional costs to the applicant.6. Occupancy Permitsa. ApplicabilityAn occupancy permit shall be deemed to authorize and isrequired for both initial and continued occupancy and use ofthe building or land to which it applies. Such a permit shallcertify that the premises have been inspected and complywith all previously approved plans and all conditions orsafeguards attached to the issuance of a zoning permit. Itshall also certify that the premises comply with all otherapplicable requirements of the <strong>Borough</strong>. The following shall162


<strong>Zoning</strong> <strong>Ordinance</strong>Article 20 – Administration, Enforcement, and Amendmentbe unlawful until an occupancy permit shall have beenapplied for and issued by the BCO.(1) Occupancy and use of a building erected, reconstructed,restored, altered, moved, or any change in use ofan existing building;(2) Any change in ownership of residential structures.b. ApplicationsApplication for an occupancy permit shall be made on formsfurnished by the <strong>Borough</strong> after the building or part thereofhas been erected, the change in use has been completed, orthe land placed in use. In the case of a change in ownershipof an existing residential building, the owner of such abuilding shall apply for an occupancy permit upon its sale.Application for an occupancy permit shall be accompaniedby a payment of the required fee.c. Action by the Building Code Official (BCO).The BCO shall, within fifteen (15) days of application filing,inspect the premises and either certify their compliance withthe previously approved plans and all conditions andsafeguards stated upon issuance of an occupancy permit ordeny such certification. In the case of a change in occupancy,use of an existing building, or vacant land (when no zoningpermit is required), the BCO shall verify compliance with theapplicable zoning regulations.If the certification of the occupancy permit form is denied,the BCO shall state in writing the reasons for such denial.7. Conditional Use Permit8. Feesa. After review of a conditional use application and itscompliance with all applicable provisions of this Article andArticle 16, Council shall make a determination on issuing aconditional use permit.a. <strong>Folcroft</strong> <strong>Borough</strong> Council shall establish, by resolution, aschedule of fees, charges, expenses, and collection163


<strong>Folcroft</strong> <strong>Borough</strong> Code2004 Amendmentsprocedures for zoning permits, occupancy permits,conditional uses, special exceptions, variances, appeals,amendments, and other matters pertaining to this <strong>Ordinance</strong>.b. A schedule of fees shall be posted in the office of the ZO andmay be altered or amended by <strong>Borough</strong> Council only.c. The cost of permits shall be based on a fee schedule asestablished from time to time by <strong>Borough</strong> Council.d. No action shall be taken on any application for anyconditional use, special exception, variance, appeal, or othersimilar matter pertaining to this <strong>Ordinance</strong> until allapplication fees, charges, and expenses have been paid infull.9. Persons found to be in violation of this <strong>Ordinance</strong> shall pay ajudgment of no more than is allowed by statute or Act 247 plus allcourt costs, including reasonable attorney fees incurred by the<strong>Borough</strong>. See Section 617.2 of the MPC.1. The regulations, restrictions, boundaries, and requirements set forthin this <strong>Ordinance</strong> may be amended, supplemented, changed, orrepealed by <strong>Borough</strong> Council by amending this <strong>Ordinance</strong> inaccordance with Sections 609, 609.1, and 609.2 of the MPC.2. Procedure for Amendmenta. An ordinance amending, supplementing, or changing thedistrict boundaries (<strong>Zoning</strong> Map) or the regulations establishedherein may be initiated:(1) By <strong>Borough</strong> Council upon its own initiative or uponrecommendation of the Planning Commission.(2) Upon a petition to <strong>Borough</strong> Council signed by theowners of fifty (50) percent or more of the frontage ofany area which shall be between two (2) streetswherein a change of zoning regulations is beingsought.(3) By a landowner requesting an amendment or repeal. Inthe case of a curative amendment, the specialrequirements of Section 609.1 of the MPC shall apply.164


<strong>Zoning</strong> <strong>Ordinance</strong>Article 20 – Administration, Enforcement, and Amendmentb. Before voting on the enactment of an amendment, <strong>Borough</strong>Council shall hold a public hearing thereon, pursuant topublic notice. If the proposed amendment involves a mapchange, notice of said public hearing shall be conspicuouslyposted along the perimeter of the tract at least one (1) weekprior to the hearing. In addition, a mailing shall be sent to thereal estate tax bill addresses of all real property within thearea being rezoned at least thirty (30) days prior to the publichearing date. The mailing must include at least the date, time,and location of the hearing.c. <strong>Borough</strong> Council shall submit each proposed zoningamendment, other than one prepared by the PlanningCommission, to the Planning Commission at least thirty (30)days prior to any hearing which is to be held on the proposedamendment to provide the Planning Commission with anopportunity to submit its recommendations prior to finalaction.d. If, after any public hearing held upon an amendment, theproposed amendment is revised or further revised to includeland previously not affected by it, <strong>Borough</strong> Council shallhold another public hearing as required by law pursuant topublic notice before proceeding to vote on the amendment.e. As required by the MPC, a copy of any proposed zoningamendment shall also be sent to the County PlanningCommission at least thirty (30) days prior to any hearing onthe proposed amendment in order to provide the CountyPlanning Commission an opportunity to submit its recommendationsprior to final action on the amendment.f. The <strong>Borough</strong> may offer a mediation option as an aid incompleting proceedings authorized in this section. Inexercising such an option, the <strong>Borough</strong> and mediating partiesshall meet the stipulations of Section 908.1 of the MPC.g. Within thirty (30) days after enactment, a copy of theamendment to this <strong>Ordinance</strong> shall be forwarded to theDelaware County Planning Department.165


ARTICLE 21ZONING HEARING BOARD2100 PurposeThe purpose of this Article is to list and describe the powers, procedures,composition, and standards for the <strong>Zoning</strong> Hearing Board, as required by thePennsylvania Municipalities Planning Code, Act 247, as amended.2101 Administration and Procedure1. A <strong>Zoning</strong> Hearing Board for the <strong>Borough</strong> of <strong>Folcroft</strong> shall beappointed by <strong>Borough</strong> Council and shall be authorized toadminister all procedures charged to such Board in accordancewith the provisions of Article IX of the PennsylvaniaMunicipalities Planning Code, as amended. Hereinafter, as used inthis Article, the term “Board” shall refer to the <strong>Zoning</strong> HearingBoard, and the term “MPC” shall refer to the PennsylvaniaMunicipalities Planning Code, Act 247, as amended.2. The Board shall consist of five (5) residents of the <strong>Borough</strong>. Theirterms of office shall be five (5) years and shall be so fixed that theterm of office of one (1) member shall expire each year. The Boardshall promptly notify the <strong>Borough</strong> of any vacancies. Appointment tofill vacancies shall be only for the unexpired portion of the term.Members of the Board shall hold no other office in the <strong>Borough</strong> andshall not be employees of the <strong>Borough</strong>. Included in this statement areconsultants, part-time officials, or appointed members on anotherBoard within the <strong>Borough</strong>.3. Any member may be removed for malfeasance, misfeasance, ornonfeasance in office or for other just cause by a majority rule of<strong>Borough</strong> Council taken after the member has received fifteen (15)days advance notice of the intent to take such a vote. A hearing shallbe held in connection with the vote if the member requests it inwriting.167


<strong>Folcroft</strong> <strong>Borough</strong> Code4. Organization of the Boarda. The Board shall elect from its own membership its officers,who shall serve annual terms as such and may succeedthemselves. For the conduct of any hearing and the taking ofany action, a quorum shall be not less than the majority of allmembers of the Board, but where a majority of members aredisqualified to act in a particular matter, the remainingmembers may act for the Board. As provided for in the MPC,the Board may appoint a hearing officer from its ownmembership to conduct any hearing on its behalf, and theparties may waive further action by the Board, as provided inSection 908 of the MPC.b. The Board shall adopt rules and forms for its procedure inaccordance with the provisions of this <strong>Ordinance</strong>. Meetingsof the Board shall be held at the call of the Chairman and atsuch other times as the Board may determine. Such Chairmanor, in his absence, the Acting Chairman, may administer oathsand compel the attendance of witnesses. All meetings of theBoard shall be open to the public.c. The Board shall keep minutes of its proceedings, showing thevote of each member upon each question, or if absent or failingto vote, indicate such fact, and shall keep records of itsexamination and other official actions, all of which shall beimmediately filed in the Office of the <strong>Borough</strong> Manager andshall be a public record.d. The Board shall submit a report of its activities to <strong>Borough</strong>Council as requested.5. Within the limits of funds appropriated by <strong>Borough</strong> Council, theBoard may employ or contract for secretaries, clerks, legalcounsel, consultants, and other technical and clerical services.Members of the Board may receive compensation for theperformance of their duties, as may be fixed by <strong>Borough</strong> Council,but in no case shall it exceed the rate of compensation authorizedto be paid to members of <strong>Borough</strong> Council.168


<strong>Zoning</strong> <strong>Ordinance</strong>Article 21 – <strong>Zoning</strong> Hearing Board2102 Powers of the <strong>Zoning</strong> Hearing Board1. The Board shall hear and decide appeals where it is alleged that the<strong>Zoning</strong> Officer has failed to follow prescribed procedures or hasmisinterpreted or misapplied any provision of this <strong>Ordinance</strong> or the<strong>Zoning</strong> Map or any valid rule or regulation governing the action ofthe <strong>Zoning</strong> Officer.2. Applications for variances or special exceptions shall include, at aminimum, the following information:a. A sketch plan, at scale, showing the layout of the property, theproposed improvements and alterations thereto, and therelationship of the tract to adjacent properties.b. A reference to the section(s) of the <strong>Ordinance</strong> under which thevariance or special exception is requested.3. The Board shall hear requests for variances where it is alleged thatthe provisions of this <strong>Ordinance</strong> inflict unnecessary hardship on theapplicant. In granting a variance, the Board may attach suchreasonable conditions and safeguards as it may deem necessary toimplement the purposes of the MPC and this <strong>Ordinance</strong>.4. The Board shall hear and decide requests for special exceptionsauthorized by this <strong>Ordinance</strong>, in accordance with the standards andcriteria set forth in Section 2106 below. The Board may attach suchreasonable conditions and safeguards as it may deem necessary toimplement the purposes of the MPC and this <strong>Ordinance</strong>. Regulationsfor specific special exceptions shall also be met and are located inArticle 17 of this <strong>Ordinance</strong>.5. The Board shall conduct hearings and make decisions and findings inconnection with challenges to the validity of any provision of this<strong>Ordinance</strong> as authorized by Section 909.1 of the MPC.2103 Hearings and DecisionsThe Board shall conduct hearings and make decisions in accordance with theprovisions of Section 908 of the MPC.2104 Notice of Requirements1. In any case where the Board shall hold a public hearing, the Boardshall, at a minimum, give notice of such hearing as follows, whichnotice shall state the time and place of the hearing and the particular169


<strong>Folcroft</strong> <strong>Borough</strong> Codenature of the matter to be considered at the hearing:a. By publishing a notice thereof once each week for two (2)successive weeks in a newspaper of general circulation in the<strong>Borough</strong>, provided that the first publication shall be not morethan thirty (30) days and the second publication shall be notless than seven (7) days from the date of the hearing.b. By mailing or delivering due notice thereof to the applicantand other parties in interest, who shall be at least thosepersons whose properties adjoin the property in question orare within a two hundred (200) foot radius of the property inquestion.c. By mailing or delivering notice thereof to <strong>Borough</strong> Counciland the <strong>Zoning</strong> Officer.d. By conspicuously posting notice of said hearing on theaffected tract of land at least one (1) week prior to thehearing.2105 Elements of Decisions of the BoardDecision of the Board shall include the following elements:1. Findings of fact, including a brief summary of relevant testimony andinformation entered during the proceedings of the Board.2. Citation by quotation or by reference to the specific sections of thelocal ordinances and/or the MPC that are relevant to the case inquestion.3. Conclusions of the Board, enumerating the reasons why suchconclusions are deemed appropriate in light of the facts found.4. Ruling of the Board, indicating in writing any stipulations orconditions attached to the ruling.2106 Standards for <strong>Zoning</strong> Hearing Board ActionIn any instance where the <strong>Zoning</strong> Hearing Board is required to consider avariance or special exception, the Board shall, among other things, considerthe following standards:1. MPC Criteria for Variances170


<strong>Zoning</strong> <strong>Ordinance</strong>Article 21 – <strong>Zoning</strong> Hearing Boarda. The Board shall hear requests for variances where it is allegedthat the provisions of this <strong>Ordinance</strong> inflict unnecessaryhardship on the applicant.b. A variance from the terms of this <strong>Ordinance</strong> shall not begranted by the Board unless and until a written application fora variance is submitted by the applicant who shall have theburden of establishing the presence of all of the followingconditions where relevant in a given case:(1) That there are unique physical circumstances orconditions, including irregularity, narrowness, orshallowness of lot size or shape, or exceptionaltopographical or other physical conditions peculiar tothe particular property, and that the unnecessaryhardship is due to such conditions and not to thecircumstances or conditions generally created by theprovisions of the <strong>Zoning</strong> <strong>Ordinance</strong> in theneighborhood or district in which the property islocated.(2) That because of such physical circumstances orconditions, there is no possibility that the property canbe developed in strict conformity with the provisionsof the <strong>Zoning</strong> <strong>Ordinance</strong> and that the authorization ofthe variance is, therefore, necessary to enable thereasonable use of the property.(3) That such unnecessary hardship has not been createdby the applicant.(4) That the variance, if authorized, will not alter theessential character of the neighborhood or district inwhich the property is located, nor substantially orpermanently impair the appropriate use ordevelopment of adjacent property, nor be detrimentalto the public welfare.(5) That the variance, if authorized, will represent theminimum variance that will afford relief and willrepresent the least modification possible of theregulation in issue.c. In granting any variance, the Board may attach suchreasonable conditions and safeguards as it may deemnecessary to implement the purposes of the MPC and this171


<strong>Folcroft</strong> <strong>Borough</strong> Code<strong>Ordinance</strong>.2. Standards for Review of Special Exceptionsa. In any instance where the Board is required to consider arequest for a special exception, the Board shall consider thefollowing factors where appropriate:(1) That the proposed use is appropriate for the site inquestion in terms of size, topography, natural features,drainage, sewage disposal, water supply, accessibility,and availability of public services and that adequateprovisions will be made to protect sensitive environmentalfeatures such as streams, lakes, wetlands,slopes, and mature trees.(2) That the proposed use is compatible with thecharacter of the surrounding neighborhood and willnot interfere with or detract from legitimate uses andadjacent properties and that adequate measures willbe provided through building design, site layout,landscaping, planting, and operational controls tominimize any adverse impacts caused by noise, lights,glare, odors, smoke, fumes, traffic, parking, loading,and signage.(3) That the proposed special exception will serve thebest interest of the <strong>Borough</strong>, convenience of thecommunity, and the public health, safety, and welfare.(4) That the proposed use is consistent with the mostrecently adopted Community Development Objectivesfor <strong>Folcroft</strong> <strong>Borough</strong>.(5) That the proposed use promotes orderly development,proper population density, and the provision of adequatecommunity facilities and services, includingpolice and fire protection.(6) That the proposed use is suitable in terms of its effecton highway safety and traffic circulation and thataccess, on-site circulation, and parking are adequatein view of anticipated traffic.172


<strong>Zoning</strong> <strong>Ordinance</strong>Article 21 – <strong>Zoning</strong> Hearing Board2107 Standards of Proof(7) That the proposed use will provide for adequate offstreetparking, as required in Article 13.b. In cases where uses permitted by special exception are notaccompanied by specific standards for such uses, the regulationsin Section 1703 shall apply.c. Financial hardship shall not be construed as a basis forgranting special exceptions.d. In granting any special exception, the Board may attachreasonable conditions and safeguards in addition to thoseexpressed in this <strong>Ordinance</strong> as it may deem necessary toimplement the purposes of the MPC and this <strong>Ordinance</strong>,which conditions and safeguards may relate to, but not belimited to, screening, lighting, noise, safety, aesthetics, andthe minimization of noxious, offensive, or hazardouselements. Such special exceptions shall be clearly authorizedby a provision in this <strong>Ordinance</strong> and shall, where applicable,comply with the more specific standards relating to suchspecial exceptions contained in appropriate sections of Article17.1. An applicant for a variance shall have the burden of establishingboth:a. That a literal enforcement of the provisions of this <strong>Ordinance</strong>will result in unnecessary hardship, as that term is defined bylaw, including court decisions; andb. That the allowance of the variance will not be contrary to thepublic interest.2. An applicant for a special exception shall have the burden ofestablishing both:a. That his or her application falls within the provisions of this<strong>Ordinance</strong> which affords the applicant the right to seek aspecial exception; andb. That the allowance of a special exception will not be contraryto the public interest.3. In determining whether the allowance of a variance or special173


<strong>Folcroft</strong> <strong>Borough</strong> Codeexception is contrary to the public interest, the Board shall considerwhether the application, if granted, will:a. Adversely affect the public health, safety, and welfare due tochanges in traffic conditions, drainage, air quality, noiselevels, neighborhood property values, natural features, andneighborhood aesthetic characteristics.b. Be in accordance with the most recently adopted CommunityDevelopment Objectives for <strong>Folcroft</strong> <strong>Borough</strong>.c. Provide required parking in accordance with Article 13 of this<strong>Ordinance</strong>.d. Adversely affect the logical, efficient, and economicalextension or provision of public services and facilities such aspublic water, sewers, refuse collection, police, fire protection,and public schools.e. Otherwise adversely affect the public health, safety, orwelfare.2108 Expiration of Variances and Special ExceptionsUnless otherwise specified by the Board, a variance or special exception shallexpire if the applicant fails to obtain a building permit within six (6) monthsfrom the date of authorization thereof.2109 Time Limitations and Stay of ProceedingsSee Sections 914.1 and 915.1 of the MPC.2110 Appeals to CourtSee Article X-A of the MPC.174


APPENDICES*Tables and figures contained within appendices are for quick reference only; interestedparties should consult the appropriate Article in the <strong>Ordinance</strong> text for more information175


APPENDIX A: Principal Uses Permitted in all <strong>Zoning</strong> Districts*<strong>Zoning</strong>DistrictBy Right UsesR-1 Single-family detached dwellingSingle-family semi-detacheddwelling (twin)Family-based communityresidence facilityRecreational, park, or play areaSpecialExceptionsMajor homeoccupationConditionalUsesChurch or otherreligious useCemeteryAccessory UsesOff-street parkingFamily day care homeGarageStorage shedFencePrivate swimming poolSatellite antennaSignNIHBB*R-2 Same as R-1 andSingle-family attached dwelling(townhouse)Church or otherreligious useSame as R-1R-3Apartment (not more than four (4)units)TownhouseRecreational, park, or play areaApt. (more thanfour (4) units)Church or otherreligious useOff-street parkingGarageStorage shedFenceSwimming poolSatellite antennaSignNIHBB**NIHBB – no-impact home-based business177


<strong>Zoning</strong>DistrictMunicipalCenterBy Right UsesMunicipal/governmental buildingCivic center/community building<strong>Library</strong>Child/senior day careFirehouse, ambulance, policestationPark, green area, recreational areaPlaza, outdoor meeting areaCellular communications facilitySpecialExceptionsMunicipalfacilities, heavyimpactConditionalUsesElementary/mid/high schoolCharter orvocational schoolCollege/universityAssisted carefacilityChurch/religioususeSwim clubAccessory UsesOpen space/recreationw/permitted useParking lot/garageOffice/w/permitted useRestaurant/cafeteria forstudent/staff ofpermitted useStorage buildingPedestrian-orientedconvenience retailOff-streetparking/loadingSignSatellite antennaCellular phone antennaRetailServiceRetail/storeFood storePersonal service shopEating/drinking establishment (nodrive-through)Bank/financial institutionProfessional office (2nd floor)TheaterApartment (2nd floor or above)Park, plaza, similar recreationalarea/meeting placeMixed useVideo gamearcadeHealth club/spaPublic parkinggarageUses permittedby right over7,500 square feetOutdoor storage (rearyard)Off-streetparking/loadingSignSatellite antenna178


<strong>Zoning</strong>DistrictGeneralBusinessBy Right UsesAll uses permitted in RS (unlessnoted otherwise)Workshop/retail outlet (workshopat rear)Trade shopsConvenience store/pharmacy/chainSpecialExceptionsApartmentbuilding (ten (10)unit limit)ConditionalUsesAccessory UsesSale/lease orrepair of truckwith visualOff-street parking/loadingscreenGas stationCar washSignFuneralhome/mortuarySatellite antennaPlace ofamusementSupermarket Health club/spaDrive-throughrestaurant/bank/similar useSale/lease/repair autoBeverage distributorCaterer/bakeryPrivate commercial schoolProfessional officePrivate clubCellular antennaOutdoor storage (rear yardonly screened from streetand sidewalk)179


<strong>Zoning</strong>DistrictLightIndustrial -BusinessPark(LIB - Aalso)By Right UsesOffice buildingSpecialExceptionsConditionalUsesChild day carecenterAccessory UsesRestaurant/cafeteria foremployees/customersLight industrialAdult use (LIB-A only)Off-street parking/loadingLaboratorySignData processing/telecommunications hubStorage buildingIT firm and similar tech facility Recreational areaWarehouse, distribution, mailorder, wholesale showroomFinancial establishmentBusiness/trade school (indoorand outdoor)Motion picture/televisionAM/FM radioIndependent parking garageShared parking areaCellular communicationsfacilityHealth club/spaLiving quarters forwatchman/caretakerCommercial drop-off andpick-upMail/newspaper vendingmachinesSmall recycling facilityCellular phone antennaOpen Space -RefugePassive open space, such aswildlife refuge, forest preserve,conservationHiking, walking, bicycling,picnicking, fishing, boating, iceskatingCampingEnvironmental educationbuilding, owned and operatedby the <strong>Borough</strong>Any use of same generalcharacter not detrimental to theareaEnvironmentaleducationalbuilding ownedand operated byentity other than<strong>Borough</strong>Parking and signs180


APPENDIX B: <strong>Zoning</strong> <strong>Ordinance</strong> District RegulationsR-1: Residential DistrictTable 1: Single-family Detached DwellingsArea and Bulk IndicatorMinimum RequirementsLot areaFive thousand (5,000) square feetLot widthFifty (50) feetBuilding coverageThirty (30) percent maximumImpervious surfaceFifty (50) percent maximumFront yardTwenty (20) feetRear yardTwenty-five (25) feetSide yardTwenty (20) feet aggregate and eight (8) feetminimumHeightThree (3) stories or thirty-five (35) feetmaximumTable 2: Single-family Semi-detached Dwellings (Twin)Area and Bulk IndicatorMinimum RequirementsLot areaThree thousand (3,000) square feetLot widthThirty (30) feetBuilding coverageForty (40) percent maximumImpervious surfaceSixty (60) percent maximumFront yardTwenty (20) feetRear yardTwenty-five (25) feetSide yardTen (10) feet on one (1) sideHeightThree (3) stories or thirty-five (35) feetmaximumR-2: Townhouse DistrictTable 3: Single-family Attached Dwellings (Townhouse)Area and Bulk IndicatorLot areaLot widthBuilding coverageImpervious surfaceFront yardRear yardSide yardHeightUnits in rowDistance between buildingsMinimum RequirementsTwo thousand (2,000) square feetTwenty (20) feetFifty (50) percent maximumSeventy (70) percent maximumTwenty (20) feetTwenty-five (25) feetTwenty-five (25) feet at end of row andtraversed by access drivewayThree (3) stories or thirty-five (35) feetmaximumSix (6) maximumTwenty (20) feet181


(R-2 district – for single-family detached, please see Table 1, for single-family semi-detached, please seeTable 2)R-3: Apartment DistrictTable 4: Multi-family Dwellings (apartments)Area and Bulk IndicatorMinimum RequirementsTwo thousand five hundred (2,500) squareLot areafeet/unit for the first four (4) units, twothousand (2,000) square feet for eachadditional unitLot widthOne hundred fifty (150) feetImpervious surfaceSixty-five (65) percent maximumFront yardTwenty-five (25) feetRear yardTwenty-five (25) feetSide yardTwenty-five (25) feetHeightFour (4) stories or forty-five (45) feet, five (5)stories or fifty-five (55) feet when building isset back fifty (50) feet or more(R-3 district – for single-family semi-detached, please see Table 2)MC: Municipal Center DistrictTable 5: Municipal Center District Area and Bulk RegulationsArea and Bulk IndicatorMinimum RequirementsLot areaOne (1) acreLot widthOne hundred (100) feetImpervious surfaceSixty (60) percent maximumExterior road setbackSeventy-five (75) feetInterior road/driveway setbackTwenty (20) feetSide/rear lot line setbackForty (40) feetHeightFifty (50) feet maximumLandscapingForty (40) percentDistance between buildingsFifty (50) feet182


RS: Retail Service DistrictTable 6: Standards for Detached BuildingsArea and Bulk IndicatorMinimum RequirementsLot areaFifteen thousand (15,000) square feetmaximumLot widthFifty (50) feetImpervious surfaceSeventy (70) percent maximumFront yardRear yardSide yardsHeightTwenty (20) feet, infill not less than averagesetbackFifteen (15) feetTwelve (12) feet each sideTwo (2) stories or thirty (30) feet maximumTable 7: Standards for Attached BuildingsArea and Bulk IndicatorMinimum RequirementsLot areaTwo thousand five hundred (2,500) squarefeet/buildingLot widthTwenty-five (25) feetImpervious surfaceSeventy-five (75) percent maximumFront yardThirty (30) feetRear yardThirty (30) feetSide yardsThirty (30) feetHeightTwo (2) stories or thirty (30) feet maximumGB: General Business DistrictTable 8: General Business District Area and Bulk RegulationsArea and Bulk IndicatorMinimum RequirementsLot areaTen thousand (10,000) square feetLot widthSeventy-five (75) feetImpervious surfaceSeventy (70) percent maximumFront yardTwenty (20) feet, infill not less than theaverage setbackRear yardFifteen (15) feetSide yardsTwelve (12) feet each sideHeightDistance between buildingsThree (3) stories or forty (40) feet maximumForty (40) feet183


LIB: Light Industrial/Business Park DistrictTable 9: Light Industrial/Business Park District Area and Bulk RegulationsArea and Bulk IndicatorMinimum RequirementsTractTwo (2) acresPerimeter yards (front, side, and rear yards)Interior yardsDistance from parking areaDistance between buildingsImpervious surfaceHeightThirty (30) feet on all sides, increased to fifty(50) feet when abutting a residential districtFifteen (15) feet between a building and aninterior streetTen (10) feet between a parking area and theprincipal buildingForty (40) feetSeventy (70) percent maximumForty (40) feet maximumLIB-A: Light Industrial/Business Park - A DistrictTable 10: Light Industrial/Business Park - A District Area and Bulk RegulationsArea and Bulk IndicatorMinimum RequirementsTractTwo (2) acresLot area (adult uses)One-quarter (1/4) acrePerimeter yards (front, side, and rear yards)Thirty (30) feet on all sides, increased to sixty(60) feet when abutting a residential districtInterior yardsDistance from parking areaDistance between buildingsImpervious surfaceHeightFifteen (15) feet between a building and aninterior streetTen (10) feet between a parking area and theprincipal buildingForty (40) feetSeventy (70) percent maximumForty (40) feet maximumOSR: Open Space/Refuge DistrictTable 11: Open Space/Refuge District Area and Bulk RegulationsArea and Bulk IndicatorMinimum RequirementsLot areaTen (10) acresLot widthTwo hundred (200) feetBuilding coverageTwo (2) percent maximumImpervious surfaceFive (5) percent maximumThirty (30) feet from all property lines andSetbackspublic streets and fifty (50) feet from meanhigh water markHeightTwo (2) stories or thirty (30) feet maximum184


TOD: Transit-oriented Development Overlay DistrictTable 12: Standards for Townhouse DevelopmentArea and Bulk IndicatorMinimum RequirementsTractThree (3) acresDensityTen-fifteen (10-15) units per net acreSetbackUnits in rowLandscapingHeightDistance between buildingsNone required, but where existing buildingsare present, the average of buildings on eachsideFour (4) maximumThirty-five (35) percentThree (3) stories or thirty-five (35) feetmaximumForty (40) feetTable 13: Standards for Apartment DevelopmentArea and Bulk IndicatorMinimum RequirementsTractThree (3) acresDensityBetween twenty (20) and thirty (30) units peracreSetbackFifteen (15) feet from any street or parkingareaLandscapingHeightDistance between buildingsForty (40) percent of tract or lot areaFour (4) stories or forty-five (45) feetmaximumForty-five (45) feetTable 14: Standards for Nonresidential or Mixed Use DevelopmentArea and Bulk IndicatorMinimum RequirementsTractThree (3) acresLot areaThree thousand five hundred (3,500) squarefeet maximumStore or shop areaTwo thousand (2,000) square feet maximumSetbackFifteen (15) feet from any street or parkingareaLandscapingHeightDistance between buildingsThirty-five (35) percent of lot or tract areaFour (4) stories or forty-five (45) feetForty-five (45) feet185


UseSingle-family detached and single-familysemi-detached dwellingTownhouseParking RequirementsTable 15: Residential UsesOff-street Parking RequirementsTwo (2) spaces for every dwelling unitTwo (2) spaces for every dwelling unitMulti-family dwellingCommunity residence facilityTwo (2) spaces per dwelling unit, plus one (1)space for every four (4) dwelling units forguests in developments/buildings of twelve(12) or more unitsOne (1) space for every two (2) bedrooms, plusone (1) for each employeeTable 16: Public or Private Recreational UsesUsePrivate clubsBowling alleyOutdoor commercial recreationIndoor recreationOff-street Parking RequirementsOne (1) space for every one hundred (100)square feet of floor areaFour (4) spaces for each laneOne (1) space for every two thousand (2,000)square feet of area devoted to such useOne (1) space for every one hundred (100)square feet of gross floor areaTable 17: Governmental, Institutional, and Educational UsesUseOff-street Parking RequirementsAuditoriums, churches, and other places ofpublic assemblyCommunity center, municipal building,library, or similar useChild day care centerNursery, primary, and secondary schoolsOne space (1) for every five (5) seats, plus one(1) space for every one hundred fifty (150)square feet of meeting room areaOne (1) space for every three hundred (300)square feet of gross floor areaOne (1) space for every five hundred (500)square feet of gross floor area, plus one (1)space for each adult attendant. This shall be inaddition to the parking requirements of theprimary use, such as a school or church, ifapplicableOne (1) space for each faculty member or otherfull-time employee, plus two (2) spaces foreach classroom and one (1) space for everytwelve (12) students aged sixteen (16) years orolder186


Table 18: Retail, Commercial, and Other Business UsesUseRetail store or shopFurniture or appliance storeConvenience storeSupermarketPersonal service businesses such as barbershops, tailors, shoe repair, etc.Shopping centerProfessional and other office areaBanks, credit unions, and savings and loanMedical, dental, veterinary offices, andclinicsSit-down restaurantsDrive-through restaurantsBar, tavernMovie theater or amusement venueFuneral homeHotel, motel, innOff-street Parking RequirementsOne (1) space for every two hundred (200)square feet of gross floor areaOne (1) space for every four hundred (400)square feet of gross floor areaOne (1) space for every one hundred twentyfive(125) square feet of gross floor areaOne (1) space for every one hundred twentyfive(125) square feet of gross floor areaOne (1) space for every one hundred fifty(150) square feet of gross floor areaOne (1) space for every two hundred fifty(250) square feet of gross leasable floor areaOne (1) space for every three hundred (300)square feet of gross floor areaOne (1) space for every two hundred (200)square feet of gross floor areaOne (1) space for every one hundred (100)square feet of waiting room space, plus two (2)spaces for each practitionerOne (1) space for every one hundred fifty(150) square feet of gross floor area, plus one(1) space for every two (2) employees on theshift of greatest employmentOne (1) space for every seventy-five (75)square feet of gross floor area, plus one (1)space for every two (2) employees on the shiftof greatest employmentOne (1) space for every one hundred fifty(150) square feet of gross floor areaOne (1) space for every three (3) seats plus one(1) space for every employee on the shift ofgreatest employmentOne (1) space for every seventy-five (75)square feet of floor area in viewing rooms orparlors, plus one (1) space for each officialfuneral car and one (1) space for every two (2)employees exclusive of the resident familymembersOne (1) space for every guest room, plus one(1) space for every two (2) full-timeemployees, plus the required parking foraccessory uses such as restaurants and bars187


UseStandard car washSelf-service car washLaundromat, self-serviceAutomobile service and repairRepair or tradesman shop, such as carpenter,plumber, etc.Temporary uses such as sale of Christmastrees, flowers, produce, and other goodsTable 18, continuedOff-street Parking RequirementsTen (10) spaces per bay for stacking, plusfour (4) spaces for standing between the exitof the facility and the street, plus one (1)space for each employee on the greatest shiftFour (4) spaces per bay for stacking, plus one(1) space for standing between the exit of thefacility and the streetOne (1) space for every two (2) washingmachinesTwo (2) spaces, either within or outside thestructure, for every two hundred (200) squarefeet of floor or ground area devoted to repairor service facilities and, in addition, suchspace as is necessary for vehicles purchasinggasoline or being stored. In no case shall thespaces for permitted motor vehicle storage inconjunction with a service station be fewerthan five (5)One (1) space for every four hundred (400)square feet of gross floor areaOne (1) space for every two hundred (200)square feet of gross floor areaHealth club and spaOne (1) space for each staff member, plusone (1) space for every five hundred (500)square feet of gross floor areaTable 19: Industrial and Other Related UsesUseOff-street Parking RequirementsResearch and development, lightmanufacturing and assembly, air freightStorage, manufacturing, warehousing,distribution, wholesale, heavy industryOne (1) space for every seven hundred fifty(750) square feet of gross floor area, plus one(1) space for every employee on the shift ofgreatest employmentOne (1) space for every one thousand (1,000)square feet of gross floor area, plus one (1)space for every employee on the shift ofgreatest employmentTotal Parking SpacesTable 20: Handicapped SpacesNumber of Required Handicapped Spaces10 to 25 126 to 50 251 to 75 376 to 100 4188


Total Gross Floor AreaTable 21: Loading SpacesNumber of Loading Spaces RequiredUp to 15,000 square feet1 space15,000 to 50,000 square feet 2 spaces50,000 to 100,000 square feet 3 spacesEach additional 100,000 square feet1 additional spaceGeneral RegulationsTable 22: Fences and Walls<strong>Zoning</strong> DistrictResidentialRetail ServiceGeneral BusinessMunicipal CenterRegulationsFour (4) feet between front and rear buildinglines, six (6) feet behind rear building lineSix (6) feet around periphery of entire siteSix (6) feet in rear yard onlySame as General BusinessLight Industrial/Business ParkLight Industrial/Business Park - ATen (10) feet along side and rear yardsSame as Light Industrial/Business Park (adultuses required to have BOTH an opaque fenceand a planted visual screen)189


Table 23: Landscaping Regulations<strong>Zoning</strong> DistrictRegulationsRetail ServiceGeneral BusinessMunicipal CenterOne (1) tree or two (2) shrubs shall be placedin the ground or in planters for every twenty(20) feet of building width.Landscaped strip not less than six (6) feetwide at front and at one (1) side of building.Same as Retail ServiceOne (1) tree or two (2) shrubs placed inground or in planters every fifteen (15) feet atthe front and at one (1) side of building.Landscaped strip with grass or other groundcover, not less than six (6) feet wide at frontand at one (1) side of building.Light Industrial/Business ParkOne (1) tree or two (2) shrubs placed inground or in planters every fifteen (15) feet atfront and at one (1) side of building.Landscaped strip with grass or other groundcover, not less than six (6) feet wide at frontand at one (1) side of building.Light Industrial/Business Park - AApartment buildings and nonresidentialbuildings in residential districtsTransit-oriented DevelopmentSame as Light Industrial/Business ParkSame as Municipal CenterAccording to applicable use ordistrict noted aboveConditional UsesTable 24: Church and Other Religious Uses (Residential and MC only)Area and Bulk IndicatorMinimum RequirementsLot areaOne-quarter (1/4) acreBuilding coverageSeventy (70) percent maximumFront yardFifteen (15) feetRear yardFifteen (15) feetSide yardsFifteen (15) feet190


Table 25: Schools and Colleges (MC only)Area and Bulk IndicatorMinimum RequirementsTract/lot areaTwo (2) acresLot widthOne hundred fifty (150) feetStreet frontageOne hundred fifty (150) feetBuilding coverageForty (40) percent maximumImpervious surfaceSixty (60) percent maximumFront yardSide yardsRear yardHeightFifty (50) feet on each side street the lot abutsThirty (30) feetFifty (50) feetFifty (50) feet maximumTable 26: Assisted Care Facilities (MC only)Area and Bulk IndicatorMinimum RequirementsTract/lot areaTwo (2) acresBuilding coverageForty (40) percent maximumImpervious surfaceSixty (60) percent maximumSetbacksSeventy-five (75) feet when abutting aresidential district, fifty (50) feet otherwiseHeightFifty (50) feet maximumDistance between buildingsFifty (50) feetSpecial ExceptionsTable 27: Apartments Containing More than Four (4) UnitsArea and Bulk IndicatorMinimum RequirementsTwo thousand (2,000) square feet/unit with aLot areaminimum of twelve thousand (12,000) squarefeet totalLot widthSixty (60) feetBuilding coverageForty-five (45) percent maximumFront yardThirty (30) feetRear yardThirty (30) feetSide yardsTwenty-five (25) feet aggregate, ten (10) feetminimum/sideHeightThirty-five (35) feet maximum191


APPENDIX C: <strong>Zoning</strong> IllustrationsFigure 1: Yards and Street Terminology*Required Rear YardRequired Side YardSide YardRear YardRequired Front YardFront YardStreet Right-of-wayStreet CartwayStreet FrontageBuilding EnvelopeBuilding193


Figure 2: Setbacks and Lot Lines*Rear Lot LineSetback*Rear YardSide Lot LineBuilding LineSetback*Front YardBuilding SetbackLineFront Lot LineBuilding Envelope* See required setback definition in Article 2Building194


Figure 3: Sight Triangle at Street Intersections*20 FEET20 FEET*To be used only asa reference tool (notdrawn to scale)Where a lot is located at the intersection oftwo (2) or more streets, no obstruction ofany kind (including hedges, trees, shrubs, orother growths) of a height greater thantwenty-four (24) inches from the grade levelof the adjacent street shall be maintained orpermitted within a sight triangle, the legs ofwhich shall be twenty (20) feet measuredfrom the intersection of the street lines.Where a private alley meets an intersection,the legs of such sight triangle shall be ten(10) feet.195


Figure 4: Dwelling Types PermittedDwelling, Single-family DetachedDwelling, Single-family Semi-detached (Twin)Dwelling, Single-family Attached (Townhouse)Dwelling, Multi-family (Apartment)196


Figure 5: Permitted Signs*Window Sign*FreestandingSign***Wall SignCanopy/Awning SignGround Sign*** Window Signs, subject to Section 1403.2.d and all other applicable provisions ofArticle 14** Ground Sign height requirements, subject to Section 1403.2.c and applicableprovisions of the respective zoning district*** Freestanding Sign height requirements, subject to Section 1403.2.b andapplicable provisions of the respective zoning district197


R - 2KING AVEG BCHESTER PIKER - 3GLEN AVER - 1WOODLAND AVEPROPOSED ZONINGR-1 Residential DistrictR-2 Townhouse DistrictR-3 Apartment DistrictMC - Municipal Center DistrictRS Retail Service DistrictGB General Business DistrictLIB Light Industrial/Business Park DistrictLIB-A Light Industrial/Business Park - A DistrictOSR Open Space/Refuge DistrictTOD Transit Oriented Development Overlay DistrictG BT O DELMWOOD AVEGARFIELD AVEPRIMOS AVEFOLCROFT AVECROTZER AVEG BR - 1CHARMONT AVEDALMAS AVEASHLANDR - 1WARWICK AVEL I BAVER SM CO S RVALLEYVIEWRAVENWOOD DRDELMA RDRTAYLOR DRIVEO S RR - 3BENNINGTONROADCARTERHE ATHERGRANTDELVIEW DRIVER - 2DRIVEROADROADG BSCHOOLROADROADDRIVEHENDERSON BLVDR - 1LANEASHLANDL I BHORNE DRCOLUMBIA AVEAVEMAPLE AVEL I B - AKENTTAYLORO S R<strong>Folcroft</strong> <strong>Borough</strong><strong>Zoning</strong> MapNOTES:1. USGS - Municipal Boundaries2. Delaware County Board of Assessments - Parcel Boundaries3. Delaware County Planning Department - Existing andProposed <strong>Zoning</strong> BoundariesDisclaimerThis map is for analyticalpurposes only. The reliabilityof this map depends on theaccuracy of the underlyingdata sources which havenot been verified.Prepared byDelaware CountyPlanning DepartmentAdopted May 2007Revised October 2008

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