Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meaning indicated
herein. Words used in the present tense include the future. The singular
shall include the plural, and the plural shall include the singular.
The word "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. The words "includes" or "including" shall not limit the term
to the specified examples but are intended to extend their meaning
to all other instances of like kind and character. The words "shall"
and "will" are mandatory and not discretionary, and the word "may"
is permissive. Terms not defined herein shall have the meaning customarily
assigned to them.
In this chapter, words, terms and phrases shall have the following
meanings:
Where a building or land is abandoned for 12 consecutive months or more, whereby the owner discontinues the use, occupancy and maintenance, the building or structure may be declared abandoned and may be required to be removed. In the case of abandonment of a nonconforming use, the provisions of § 153-171 shall also apply.
A structure detached from a principal building on the same
lot and incidental and subordinate to the principal building or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
Any establishment that permits patrons to hear, view, read,
lease, purchase, trade or exchange and/or participate in activities,
publications, movies, videotapes and/or live or televised performances
which have as their dominant theme or themes explicit sexual activities
and/or the exhibition of human anatomy which is not normally seen
in public or in other commercial or club-type operations and which
may or may not exclude minors by virtue of age. Implicit in this definition
are the following: bookstores, movie theaters, restaurants, bars and
any other operation which qualifies for inclusion by virtue of the
above wording, regardless of the type of other uses or operations
which may also be conducted on or in the property or properties involved.
A narrow access to the rear of a property and building that
provides parking access, service areas, and utility easements.
A change or rearrangement in the structural members of an
existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress and egress, or any enlargement to or diminution of a building
or structure, including the moving of a building from one location
to another.
Structure containing three or more apartment units.
An apartment building containing a maximum of three stories
or 42 feet in height.
An apartment building containing four stories.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building.
Facility for the frail elderly, that provides residence with
rooms, meals, personal care and supervision of self-administered medications.
They may provide other services such as recreational activities, financial
services, and transportation.
Public sales in enclosed buildings in which property and
goods are sold to the highest bidders. Such sale shall not offer goods
or products such as heavy machinery, heavy construction materials
or components, vehicles or any goods that cannot be carried in an
automobile or a 3/4 ton truck.
An enclosed area located partly or completely below grade.
A basement shall be considered a story for the purpose of height measurement
if the basement ceiling is five feet or more above the average grade
level around the building.
A private residence, several rooms of which are set aside
for overnight guests whose paid accommodations include breakfast.
The Darby Borough Zoning Hearing Board.
See "rooming house."
The Borough of Darby.
A strip of land intended to separate one use or district
from another by providing an open, unobstructed space intended to
absorb, shield, or block noise, light, view, or other impacts of the
use having the greater impact. Often employed between a residential
district and an abutting nonresidential district having greater impacts.
Buffers shall be planted with grass or other ground cover and may
be part of the required yards. There shall be no structures, equipment,
storage, parking, or trash disposal in buffer areas. Dimensions of
buffers shall be as required by the zoning district in which it is
located.
Any structure, either permanent or temporary, having a roof
or other covering and designed or used for shelter or enclosure of
any person, animal, property, equipment or use of any kind.
The ratio obtained by dividing the ground floor area of all
principal and accessory buildings on a lot by the total area of the
lot upon which the buildings are located.
The vertical distance measured from the average level of
the ground surrounding the structure to the highest point of the roof
for flat roofs and to the ridge for gable, hip and gambrel roofs,
provided that chimneys, spires, towers, mechanical equipment, penthouses,
tanks, antennas and similar projections of the building not intended
for human occupancy shall not be included in calculating the height,
unless specifically stated otherwise in this chapter.
A line parallel to the street right-of-way line which establishes
the location of the front wall of the principal building on a lot.
See definition for "zoning permit."
A line parallel to the street right-of-way line at a distance
that is equal to the depth of the front yard required for the district
in which the lot is located.
A document issued by the duly authorized local authority
allowing the occupancy or use of a building and certifying that the
structure or use has been constructed or will be used in compliance
with all applicable local codes and ordinances.
A group organized for lawful purposes, other than generating
a profit, such as charitable, educational, political, social, trade,
cultural, scientific, professional or any similar organization.
A social, professional, philanthropic or similar organization
characterized by the payment of dues, regular meetings and a constitution
and/or by-laws. A building is used as a club or lodge when it serves
as a meeting place for such organization and is not an adjunct to
or operated by or in connection with a public tavern, cafe or other
public place.
A duly appointed Darby Borough official or employee other
than the Zoning Officer empowered to administer and enforce building
and related codes, ordinances and regulations of the Borough.
A parcel or parcels of land or an area of water or a combination
of land and water within a land development or a subdivision designed
and intended for the use or enjoyment of residents or occupants thereof
and their guests, not including streets, off-street parking areas
and areas set aside for public facilities. "Common open space" may
include complementary structures and improvements that are necessary
and appropriate.
A dwelling, licensed by the appropriate state agency, shared
by persons requiring special care and their supervisors who live together
as a single housekeeping unit in a family-like environment. This facility
is designed to create a residential environment for the developmentally
disabled, mentally ill or retarded, handicapped or similar groups
unable to live without supervision. The maximum number of residents
and supervisors in a facility shall not exceed five, which is the
maximum number of unrelated persons permitted in a family. These facilities
shall not be used to accommodate persons recovering from the effects
of drugs or alcohol dependency or inmates of penal institutions.
A licensed facility designed for persons unable to live without
supervision, such as the handicapped, developmentally disabled or
mentally ill and their supervisors. Unlike a family-based facility,
the group-based facility shall be an institutional facility. This
facility may also accommodate persons recovering from alcohol, drugs
or similar addictions and provide for counseling, rehabilitation and
supervision designed to mainstream residents back into society, enabling
them to live independently.
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
A retail store containing a maximum of 5,000 square feet
of gross floor area and that is open 15 hours to 24 hours per day.
It is designed to attract and depends upon a large volume of stop-and-go
traffic. Examples of convenience stores are those operated by the
"Wawa" and "7-11" chains.
Change in the use of a building, such as the change of a
single-family dwelling into a multifamily dwelling or a retail use
to office use. Such change may be accomplished without subdivision
or the introduction of a new owner. Where the use and dimensional
regulations of this chapter permit, such conversion may be accomplished
by appropriate alteration upon the issuance of the necessary permits.
The total volume of a structure (height multiplied by length
multiplied by width), but excluding that portion of a stack or other
projection that is higher than the highest point of the principal
building.
A facility which is licensed to provide care for seven or
more children unrelated to the operator, where the child-care areas
are not being used as a family residence.
A home, other than the child's own home, operated for profit
or not for profit, in which child care is provided at one time to
four, five, or six children unrelated to the operator, who shall occupy
the home as a primary residence. All state and other certifications
and requirements must be met before operation begins.
A facility in which care is provided at one time for more
than six but fewer than 16 school-age level children or more than
six but fewer than 13 children of another age who are unrelated to
the operator.
Unless otherwise stipulated in this chapter, the term "density"
shall mean the maximum number of dwelling units per gross acre.
The number of dwelling units per acre within the boundaries
of a defined site, including streets, rights-of-way, and easements.
The number of dwelling units per acre within the boundaries
of a defined site, that excludes streets, rights-of-way, easements,
areas containing floodplains and steep slopes, and aboveground stormwater
management facilities and infrastructure.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision,
land development or any other development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, streets
and other paving, utilities, dredging, filling, grading, excavation
or drilling operations and the subdivision of land.
An establishment that offers goods and services for pickup
and processing at a drive-through station or window where the customer
remains in the car throughout the purchase. Included in this definition
are financial institutions, restaurants and food stores, and pharmacies.
A private way used exclusively for circulation and ingress
and egress to a street by the landowner or visitors of a lot.
See "refuse dumpster."
A building or unit designed and constructed for residential
use.
A single-family dwelling unit within a building that has
at least one party wall in common with two or more dwelling units
in the same row. Commonly known as a "townhouse" or "row home." After
the effective date of this chapter, no residential attached development
shall have more than six attached units in a row.
A building designed for and occupied exclusively as a residence
for only one family with yards on all sides of the dwelling.
Two dwelling units, each accommodating one family, which
are attached side by side by means of a party wall, with each dwelling
unit having only one side yard. Commonly know as a "twin."
One or more rooms designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
Any educational facility, other than an elementary or secondary
school operated by the William Penn School district, or a private
charter or religious and elementary school, that is operated for a
profit. This includes all vocational, trade and technical schools
and public and private colleges and universities but not publicly
owned and operated colleges and universities.
A notice by an applicable Borough official concerning a violation
of existing law.
Any number of individuals living together as a single housekeeping
unit when said individuals are related by blood, marriage or adoption,
including foster children; or no more than five unrelated individuals
living together as a single housekeeping unit with single kitchen
facilities.
A building in which five or more enterprises sell mainly
agricultural, horticultural or animal husbandry products. However,
the sale of other products and the offering of personal services may
also take place, provided that they are permitted in the district.
Sales activity generally occurs in a large, undivided common sales
floor or area where stands, booths or counters are located near one
another. Only retail sales are permitted.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls, or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles or any space
where the floor-to-ceiling height is less than six feet. Gross floor
area also includes, but is not limited to, the following:
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading, and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public.
Any building located within a development site which is separate
from any group or cluster development on such site and which shall
comply with the regulations of the district in which it is located.
An accessory use which is attached to or an integral part
of a residential building or dwelling unit, or an accessory structure
used for the storage of motor vehicles and other personal property
owned and used by the residents of the building or dwelling. Human
habitation is not permitted in a private garage.
A building or structure available to the general public in
which motor vehicles are temporarily stored but which is not used
for the repair or maintenance of those vehicles.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle fuel or accessories and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs.
A property and/or place of business where flammable or combustible
liquids used as motor fuels are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles by a person other than the service
station attendant.
A building designed and constructed to reduce the impacts
on human health, and the environment and provide greater efficiency
in energy and water usage than nongreen buildings through site location,
design and construction, and ongoing operation and maintenance. Residential
developments with over 10 dwellings and commercial buildings with
a footprint larger than 5,000 square feet are encouraged to incorporate
green building techniques.
Those chemicals or substances that are defined as "physical
hazards" or "health hazards" in the most recently adopted version
of the Uniform Construction Code.[2]
A classification of a chemical for which there is statistically
significant evidence that acute or chronic health effects are capable
of occurring in exposed persons. The term "health hazard" includes
chemicals that are carcinogens, toxic or highly toxic agents, reproductive
toxins, neurotoxins, agents that are capable of acting the hematopoietic
system, and agents that damage the lungs, skin, eyes, or mucous membranes.
Any structure on the Darby Borough Historical Site list approved
by the Darby Borough Council and subject to Darby's historical ordinances.
Any lawful occupation or profession conducted in a dwelling
where not more than two persons other than a member of the resident
family may be employed and where the occupation may require off-street
parking in addition to that for the resident family. Deliveries shall
only be allowed by single front and rear axle trucks, which do not
exceed one ton in weight.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under approved rules and regulations
for the purposes of administering the needs of residents through the
maintenance of community-owned property and facilities.
A building or group of buildings in which a minimum of 10
guest rooms are designed, used or intended to be used or let or hired
for temporary lodging accommodations to the general public on a day-to-day
basis not to exceed 30 consecutive calendar days. Entrance shall be
through a main lobby or foyer and cooking shall not be allowed in
individual rooms or suites without prior approval of the Zoning Hearing
Board. Such facility may also provide additional services such as
restaurants, meeting rooms and entertainment and recreational facilities.
Any use that poses a health hazard, a significant threat
from fire, or involves the use of hazardous material in any way that
could endanger persons or property in the event of accidental discharge
of combustion. Municipal uses with a heavy impact include a highway
maintenance department, firehouse, heavy equipment storage and similar
uses.
Any use whose impact is not heavy, as herein defined.
The coverage of the lot or tract area by materials that prevent
the percolation of water into the soil and generate stormwater runoff,
such as buildings, streets, parking areas, driveways and any other
similar surfaces.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
An area landscaped with grass, ground cover, shrubs or similar plantings placed where required by this chapter and permanently maintained. See § 153-118.
Industrial processes where the finished item, material, or product does not exceed 15 cubic feet, which are conducted in an enclosed building, and which comply with all of the performance standards listed in Article XIX.
An off-street space or berth for the loading or unloading of commercial vehicles. Such spaces shall comply with the applicable provisions of Article XIV.
A parcel of land that is or may be occupied by a building
and/or accessory structure or use, including open spaces and setbacks.
The total horizontal area within the lot lines of a parcel.
A lot bounded by intersecting streets on at least two sides.
Both yards adjacent to streets shall be considered front yards. The
yard opposite the shorter street frontage shall be the rear yard,
and the yard opposite the longer frontage shall be the side yard.
The distance along a straight line measured from the midpoint
of the front lot line to the midpoint of the rear lot line.
A line of public record bounding a lot that divides one lot
from another lot or from a public or private street or any other public
space.
The line separating a lot from the street right-of-way.
Any lot line, except the front lot line, which is parallel
to or within 45° of being parallel to, and does not intersect
any street line, except in the case of corner lots.
Any lot line that is not a front or rear lot line.
The smallest allowable lot area as established by this chapter
on which a use or structure may be located in a particular district.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
A single building containing more than one type of land use
or a single development of more than one building and use, where different
types of land uses are in close proximity, planned as a unified complementary
whole, and functionally integrated by shared vehicular and pedestrian
access, parking areas, landscaping, and other features.
A building or a group of two or more buildings containing
rooms having entrances provided directly to or closely in connection
with automobile parking serving such rooms and which building or group
of buildings is designed, intended or used principally for the provision
of sleeping accommodations for automobile travelers and is suitable
for occupancy at all seasons of the year, including meeting and dining
rooms as accessory uses.
A building that is designed or converted to accommodate three
or more commercial tenants. Each tenant shall operate a use that is
permitted in the CBD Central Business District.
Any use, facility or property owned and/or operated by the
Darby Borough municipal corporation.
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 of Pennsylvania that replaces, supplements or repeals
any or all of the provisions of Act 247.
Any lawful occupation or profession conducted in a dwelling
in which no persons other than the members of the resident family
are engaged, which has no visible exterior evidence of the occupation,
which does not create a need for off-street parking beyond the normal
dwelling needs and in which no equipment is used other than that normally
used in a household, domestic or general office use.
A structure for which construction was started after the
effective date of this chapter and includes any subsequent improvements
to such structures.
A building or structure that does not comply with the provisions
of this chapter, as amended, where such building or structure lawfully
existed prior to the effective date of this chapter or amendments
thereafter.
Any lawful lot which does not conform to one or more of the
applicable provisions of the district in which it is located either
on the effective date of this chapter or amendments thereafter.
A use, whether of land or of a structure, which does not
comply with the applicable provisions of this chapter, where such
use was lawfully in existence prior to the effective date of this
chapter or amendments thereafter.
Buildings, structures or parts thereof used to conduct the
business of administrative, professional, or clerical operations,
but not including an office for an escort bureau or adult entertainment
referral service. Incidental uses, such as medical or dental testing
or diagnostic services, are permitted in conjunction with medical
and dental offices.
A reasonably level space, having a surface slope not exceeding 6%, used for parking a motor vehicle. Such space shall have an area as listed in § 153-90, that shall be exclusive of passageways, driveways or other means of circulation or access.
A subjective standard that suggests that the relationship
between the person and the built environment is comfortable and contributes
to the individual's sense of accessibility. Frequently contrasted
with vehicular (or monumental) scale.
A retail or commercial use that promotes and encourages walking,
window-shopping and general pedestrian activity. Examples of these
uses are restaurants, general retail stores, service establishments
and similar businesses. These pedestrian-oriented establishments should
be located in centralized areas and rely mainly on customers from
nearby neighborhoods who can walk to them. Attractive paving, sidewalks,
lighting, benches, plazas and seating areas and additional shade trees
are an integral part of pedestrian-oriented commercial development.
Written municipal permission issued by the appropriate local
official empowering the holder thereof to conduct or carry out some
act not forbidden by law, but not permitted without such authorization.
A business engaged in providing services involving the care
or appearance of a person or his or her clothing or similar personal
needs. Included in this definition are barber, beautician, shoe repair,
fitness club, laundry or cleaners or similar establishment, but not
including a tattoo parlor, body-piercing establishment or massage
parlor.
A use of which the primary purpose is leisure activities
or games such as a bowling alley, laser tag facility, family fun center
or arcade or other indoor uses.
A planned residential development for residents 55 years
and older.
An area of at least a specified minimum acreage to be planned,
developed, operated and maintained as a single entity and containing
one or more residential clusters, which may include appropriate commercial,
public and quasi-public uses primarily for the benefit of the residential
development.
The Planning Commission of Darby Borough.
A strip of trees or hedges adjacent to the boundary of a property which, at time of planting, shall be not less than six feet high and of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist primarily of dense evergreens that shall be planted not farther than seven feet from one another and shall be permanently maintained. Deciduous trees may be added to create interest and variety. See § 153-118.
An open space that may be improved and landscaped, usually
surrounded by streets, buildings and/or one or more walls.
A building or use which is the primary building or use on
a lot as distinguished from a building or buildings relating to an
accessory, incidental or subordinate use.
A formal meeting held pursuant to public notice by Darby
Borough Council, Planning Commission or Zoning Hearing Board in accordance
with the MPC,[3] intended to inform and obtain public comment prior to
taking action.
All roads, streets, walkways, sidewalks, gutters, curbs,
sewers, waterlines, stormwater management facilities, landscaping,
streetlighting, traffic control devices and other facilities dedicated
or maintained by Darby Borough.
A use, facility or property owned and/or operated by Delaware
County, a Delaware County School district, the State of Pennsylvania,
or the U.S. Federal Government.
Leisure-time activities that involving playing fields and
team sport participation such as baseball, soccer, football, etc.
Recreation without sporting fields, more generally trail-based
hiking, mountain biking, horseback riding, wildlife viewing, picnicking,
etc.
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities.
A vehicular-type portable structure without permanent foundation
which can be towed, hauled or driven and is primarily designed as
a temporary living accommodation for recreational, camping and travel
use, including, but not limited to, travel trailers, truck campers,
camping trailers and self-propelled motor homes.
A facility for the collection of paper, glass, aluminum or
other officially designated recyclable materials that shall be located
only on publicly owned land. Such facility shall have an area of not
more than 500 square feet and shall be located either temporarily
or permanently on the same lot with a principal or host use. No power-driven
processing equipment is to be used on site. A permit from the Borough
shall be required prior to the establishment and operation of such
facility.
A facility for the collection of paper, glass, aluminum or
other officially designated recyclable materials. Such facility shall
be larger than 500 square feet, located permanently on its own site
and have the capacity for aggregating and storing large amounts of
material on site in preparation for shipping to the processing facility.
Little or no power-driven processing equipment is to be used on site.
A facility used for the collection and processing of officially
designated recyclable materials. Processing is the preparation of
material for efficient shipment or to the end user's specifications.
Such facility shall have an area large enough to accommodate collection
and processing machinery and storage area, along with ample loading
and unloading areas.
A utilized solely for the collection of refuse, not to exceed
50 cubic feet.
A refuse container that exceeds 50 cubic feet in volume.
All permanent refuse dumpsters shall employ a planted visual screen.
A building or establishment used a place of religious worship
and teaching, which may include schools, day-care centers, auditoriums,
residences for persons serving the particular facility, and recreational
facilities.
Any premises used for the sale of food, refreshments and
nonalcoholic beverages, the design or method of operation of which
includes the serving of food and beverages in disposable containers
that are picked up and paid for by the customer while remaining in
their vehicle and not consumed in the restaurant or at an outside
eating area of the establishment.
Any premises used for the sale, dispensing and/or serving
of food, refreshments or beverages where the customer is normally
involved with an individual menu and is served by a restaurant employee
at the table, booth or counter at which said items are consumed.
Land acquired by reservation, dedication, prescription, condemnation
or other legal manner and occupied or intended to be occupied by a
street, crosswalk, electric transmission line, oil or gas pipeline,
water line, watercourse or similar uses.
The line that forms the boundary of a right-of-way.
A permanent area of trees and shrubs located adjacent to
streams, lakes, ponds, and wetlands to provide protection and absorb,
shield, or block a body of water from open space or development.
The line that marks the lowest point of a roof.
The line that marks the highest point of a roof. The term
is applicable to most roofs other than flat roofs.
A building that provides lodging in individual rooms with
common kitchen and eating areas and bathrooms for consideration to
individuals who are not part of the family of the owner or lessee.
Rooming houses are not an allowable use in Darby Borough. Also known
as single-residence occupancy units (SROs).
Usually a circular or concave dish device used to receive
television signals from satellite transmissions.
The distance between the street right-of-way line or a lot
line and the principal building on a lot.
The minimum distance from the street right-of-way line or
any other lot line that establishes the area, commonly known as the
"building envelope," within which the principal structure must be
erected or placed.
A group of commercial establishments planned, constructed
and managed as a total entity, including both attached buildings and
freestanding buildings with customer and employee parking provided
on site.
Any 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.
A sign that has its letters or design applied to cloth, canvas
or other flexible material that is durable and weather resistant.
The entire face of a sign, including the advertising surface
and any framing, trim or molding, but not including the supporting
structure.
A sign that is mounted or painted on or attached to an awning,
canopy or other fabric, plastic or structural protective cover over
a door, entrance, window or outdoor service area.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a "time and temperature
sign" and not a changeable copy sign for purposes of this chapter.
A movable sign not secured or attached permanently to the
ground.
A sign in which content and messages are displayed on an
electronic screen, and which can be changed without modification to
the physical sign, typically with the goal of delivering targeted
messages to specific locations at specific times.
A sign limited to directional messages principally for pedestrian
or vehicular traffic, such as "entry" or "exit," "one way," "loading"
or "service area," "fire lanes," "parking" or a similar sign incidental
to the primary use and not itself advertising or naming that use except
as required by law.
The area or display surface used for the message.
A detached sign which shall include any sign placed upon
or in the ground, supported by a post, stake, etc., and not attached
to any building.
A freestanding sign other than a sign supported by a post
or pylon placed upon or supported by the ground independent of any
other structure.
A sign giving the nature, logo, trademark or other identifying
symbol, address or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
A sign, generally informational, that has a purpose secondary
to the use of the property on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and other similar directives.
No sign with a commercial message legible from a position off the
lot on which a sign is located shall be considered incidental.
A sign that depicts the menu of food and/or drink for sale
at an eating or drinking establishment.
A sign with two or more display areas or sides on which messages
can be displayed.
A sign indicating only the name and/or profession and address
of the person(s) residing or legally occupying the premises.
A sign that is internally lighted by lamps, bulbs, tubes,
etc. that are filled with neon gas.
A sign installed by a governmental agency and intended to
direct or control traffic; identify streets, parks, and historical
events; or to provide other information deemed necessary by that official
agency.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
A type of temporary sign that has a high turnover, such as
those advertising sales and frequent price changes. These signs are
most commonly found on windows/doors of supermarkets, grocery stores
and beverage distributors. In most cases, these signs are constructed
of paper, cardboard or other lightweight materials.
The supports, uprights, braces and framework of the sign.
A sign that is used in connection with an event, situation
or circumstance that is designed or intended to take place or be completed
within 30 days after a permit for the sign is issued or is intended
to remain on the location where it is placed or erected for not more
than 30 days.
A sign posted on, painted on, suspended from or otherwise
affixed to a wall or vertical surface of a building that does not
project more than 12 inches from the wall or vertical surface to which
it is attached.
A sign attached or affixed to a window or door.
Changes in the elevation of the land from 15% to 25% over
a specified distance or contour interval.
Changes in elevation of the land greater than or equal to
25% over a specified distance or contour interval.
A freestanding accessory structure in a nonresidential district
with a height of no more than 15 feet and an area of no more than
200 square feet, with its primary purpose being storage.
A freestanding accessory structure in a residential district
with a height no more than 10 feet and an area of no more than 100
square feet with its primary purpose being storage.
A public or private way used or intended to be used as a
means of vehicular and pedestrian travel and access to abutting properties
and space for public utilities that is improved in compliance with
all Borough requirements for public and private streets.
A line dividing a street and a property abutting it. The
street line shall be the same as the right-of-way line.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground.
A large retail establishment primarily selling food as well
as other convenience and household goods. A supermarket shall have
not less than 20,000 square feet of gross floor area and may contain
branch banking facilities, video rentals, pharmacy, eating areas,
and similar accessory establishments.
Any body of water, tank or receptacle of water having a depth
at any point greater than two feet used or intended to be used for
swimming or bathing solely by the owner, his family and guests of
the household and constructed, installed, established or maintained
outside any building in or above the ground upon any premises as an
accessory use to the residence.
A building containing single-family attached dwelling units
(townhouse units) in which each townhouse unit is attached only by
a party wall or walls to one or two other townhouse units. Townhouse
buildings erected after the effective date of this chapter shall contain
not more than six attached units.
An area, lot, parcel, site or property that is the subject
of a subdivision and/or land development.
The total acreage of a subdivision or land development. Tract
area shall be measured to the ultimate right-of-way line of public
streets.
A structure used for short-term occupancy that can be towed
by another vehicle for the purpose of carrying persons or materials
or as a temporary office.
The specific purpose for which land or a building is designed,
arranged or intended or for which it may be occupied or maintained.
The term "authorized use" or its equivalent shall not be deemed to
include any nonconforming use.
Any principal or accessory use allowed by this chapter as
a use by right, conditional use, or use by special exception.
The specific primary purpose for which a lot or site is used.
Any device or mechanism used for the collection, transmission,
routing, or reception of radio, television, wireless telephone, pager,
commercial mobile radio service or any other wireless communications
signals including, without limitation, omnidirectional or whip antennas
and directional or panel antennas, owned and operated by any person
or entity licensed by the Federal Communications Commission (FCC)
to operate such device. This definition shall not include private-residence-mounted
satellite dishes or television antennas or amateur radio equipment
including, without limitation, ham or citizen band radio antennas.
Any structure other than a building, such as a monopole,
telescoping mast, tripod, self-supporting or guyed tower, lattice
construction steel structure or any other structure that supports
or has attached to it a communications antenna or antennas.
The vertical distance measured from the base of an antenna
support structure at grade to the highest point of the structure including
any antenna affixed thereto. If the antenna support structure is on
a sloped grade, then the average between the highest and lowest grades
shall be used in calculating the antenna's support structure height.
An unmanned building or cabinet containing communications
equipment required for the operation of wireless communications antennas
and covering an area on the ground not greater than 375 square feet.
Includes, but is not limited to the antenna(s), antenna support
structure(s) and equipment buildings that comprise a portion of a
wireless, communications operating network.
A tract or parcel of land that contains wireless communications
service antenna(s), antenna support structure(s), equipment buildings,
parking and uses associated with and ancillary to providing wireless
communications services.
An unobstructed open space on the same lot with a principal
building which extends from a street line or lot line inward to the
principal building.
A yard extending the full width of the lot, the depth of
which extends from the front lot line to the nearest point of the
principal building.
A yard extending the full width of the lot, the depth of
which extends from the rear lot line to the nearest point of the principal
building.
The open space between a lot line and the buildable area
or "building envelope" within which the principal structure must be
erected or placed.
A yard extending between the inside lines of the front and
rear yards and extending in width from the side lot line to the nearest
point of the principal building.
An area in Darby Borough in which regulations under this
chapter uniformly apply including overlay districts.
An official or employee of Darby Borough empowered to administer
and enforce all of the provisions and regulations of the Borough's
Zoning Ordinance.
An ordinance that divides the Borough into areas or zones
that specify allowable uses for real property, size, and location
restrictions for buildings within these areas.
Written permission issued by the Zoning Officer or other
appropriate municipal official empowering the holder thereof to erect
or alter a building or structure, including signs and fences, to change
the use of a building or land, and to change or extend a nonconforming
use.
