The intent of this Section is to ensure that residents and businesses in Upper Darby Township have reliable access to wireless telecommunications networks and state of the art communications services while also ensuring that this objective is achieved in a fashion that preserves the intrinsic aesthetic character of the community. The Telecommunications Act of 1996 preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction, and modification of wireless telecommunications facilities. It is the further intent of this Section to:
As used in this Section, the following terms shall have the meanings set forth below:
Any support structure or antenna(e) that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such facility shall remove the same within ninety (90) days of receipt of notice from Upper Darby Township notifying the owner of such abandonment. Failure to remove an abandoned facility within said ninety (90) days shall be grounds for the Township to cause the removal of facility at the owner?s expense. If there are two or more users of a single support structure, then this provision shall not become effective until all users cease using the support structure.
It is the intent of this Section to regulate the materials, location, height, and maintenance of fences in order to prevent the creation of nuisances and preserve the visual character of Upper Darby?s residential neighborhoods.
Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction and during special events is permitted for up to sixty (60) consecutive days.
Non-conforming fences may be repaired or replaced as long as the degree of non-conformity is not increased.
No accessory building shall exceed fifteen (15) feet in height.
All trailers, with the exception of temporary construction trailers, shall be considered accessory uses and must comply with the setback requirements of the zoning district in which they are located.
It is the intent of this Section to allow for the reasonable use of residential homes as home occupations to accommodate contemporary flexible employment options while ensuring that such home occupations will not be a detriment to the character and livability of the surrounding neighborhood.
A non-impact home occupation is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
The following uses shall be prohibited as home occupations:
It is the intent of this Section to allow for the reasonable use of residential homes as child care facilities to accommodate the needs of the Township?s working parents.
An in-home child care facility is a residence in which for-profit child care is provided for a maximum of five (5) children under the age of sixteen (16) who do not reside in the residence and shall be permitted provided that the in-home child care facility satisfies all of the following requirements:
Every individual who operates an in-home child care facility shall be required to secure a certificate of occupancy and business license from the Township.
It is the intent of this Section to allow for the provision of groups living quarters in the Township while introducing standards to protect the character of residential neighborhoods, prevent concentrations of such facilities in single locations, and ensure that the appropriate state and county requirements have been met.
Group living quarters shall be permitted as by Special Exception in all residential zoning districts.
All group homes shall meet the following Special Exception criteria:
It is the intent of this section to restrict projections into required front, side and rear yards to limited architectural features, such as patios, decks, porches, chimneys, etc. Permitted projections are subject to specified standards to protect residential character.
No portion of a building may project into any required yard area except as follows:
|District||RC & RC-1||R-1 & R-2||R-3 & R-4|
|Maximum front yard projection||25 feet||10 feet||10 feet|
|Maximum rear yard projection||25 feet||15 feet||15 feet|
|Maximum side yard projection|
(refer to Section 1006-C.4 for additional standards)
|15 feet||15 feet||15 feet|
|Minimum distance from side property line||4 feet||4 feet||4 feet|
|Minimum distance from rear property line||10 feet||10 feet||No restriction|
|Minimum distance from edge of common driveway||NA||NA||5 feet|
The intent of this section is to permit variation in lot sizes to provide flexibility in design and to maximize natural resource protection on constrained properties. Lot averaging shall not result in an increase in the number of lots permitted according to required lot sizes in each zoning district.
In any subdivision other than by lease in a community shopping center or neighborhood shopping center, the areas of some lots may be less than the minimum required providing:
It is the intent of this Section to establish regulations that prevent interference with the landing, take off, or maneuvering of aircraft intending to use the Philadelphia International Airport.
Except as otherwise provided in this Ordinance, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any Transitional Surface Zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone:
Notwithstanding any provisions of this Ordinance, no use can be made of land or water within any Transitional Surface Zone established by this Ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the Airport and aircraft, make it difficult for pilots to distinguish between Airport lights and others, result in glare in the eyes of pilots using the Airport, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, take off, or maneuvering of aircraft intending to use the Airport.
This section sets standards for the conduct of temporary outdoor retail sales activities including farmers? markets, flea markets, and sales of holiday items such as cut trees, pumpkins, and cut flowers.
This Section is intended to guide the development of Upper Darby Township in accordance with the Comprehensive Plan and other specific plans of action. The rights of the owners of nonconforming structures, lots, and uses are recognized and will be protected by law.
Existing uses that do not meet the minimum parking requirements of Article VIII shall be permitted to continue, however, if there is a change in use which requires more parking than the previous use, the new use will be required to meet all parking requirements established in Article VIII.
It is the intent of this Section to improve the appearance of developed areas of the Township with landscaping and to protect residential uses from the impacts of adjacent non-residential uses with landscaped buffers.
It is the intent of this Section to reduce impacts of glare from lighting facilities.
Specific plans shall be provided for lighting facilities as needed and to be arranged in a manner which will protect public streets and neighboring properties from unreasonable glare.
Temporary dwellings, including trailers, boats, or similar structures shall not be stored within the front yard area, except where there is an existing driveway, or set up for housekeeping purposes anywhere in any Residence District of the Township.
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