This chapter shall be known and may be cited as "The Borough of Collingdale Zoning Ordinance of 1991."
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any other statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
In the event of conflict in the terminology of any section or part thereof, the more restrictive provisions of this chapter shall prevail.
No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than one permitted by this chapter for the zone in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the zone in which such land, premises, building or structure is located.
Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses deemed undesirable and incompatible.
[Amended 11-13-2000 by Ord. No. 630]
For the purpose of this chapter, the Borough of Collingdale is hereby divided into six classes of districts, which shall be designated as follows:
[Amended 11-13-2000 by Ord. No. 630]
The boundaries of said districts shall be shown on the map attached to and made a part of this chapter, which map shall be known as the "Zoning Map of the Borough of Collingdale." Said map and all notations, references and data shown thereon is hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein.
Editor's Note: The Zoning Map is on file in the Borough's offices.
The boundaries between districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-ways or waterways, or such lines extended or lines parallel or perpendicular thereto. Where figures are shown on the Zoning Map between a street, railroad right-of-way or waterway and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated.
[Amended 6-15-2000 by Ord. No. 629; 11-13-2000 by Ord. No. 630]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. Words used in the present tense include the future; the singular includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; the word "shall" is always mandatory; the terms "occupied" or "used" as applied to any buildings shall be construed to be followed by the words "or intended, arranged or designed to be occupied or used."
- ACCESSORY BUILDING OR USE
- A building or use subordinate in area, extent and purpose to the principal building or use on a lot and used for purposes customarily incidental to those of the principal building. Accessory buildings include signs; fences; walls, other than retaining walls, projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 at the lower level; receiving and transmitting radio and television antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building; and porches, outdoor bins and other similar structures. Accessory uses include parking spaces, loading spaces, private swimming pools, etc.
- A public right-of-way used as a secondary means of access to the rear of residences and business establishments.
- APPLICATION FOR DEVELOPMENT
- Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan, or for the approval of a development plan.
- Any place of assembly for the purpose of spectator presentations, such as concerts, theatrical performances, lectures or similar cultural events.
- The portion of a building that is partly below grade and which has more than 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
- Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
- BOARDINGHOUSE, ROOMING OR LODGING HOUSE
- A boardinghouse, rooming or lodging house is a building other than a hotel or motel where lodging or lodging and meals are provided for three or more persons for compensation pursuant to previous arrangements but not open to the public or transients.
- Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above the same as if no building were present; the term "building" shall include the term "structure."
- BUILDING AREA
- The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves and gutters, of all buildings on a lot.
- BUILDING CODE
- The duly adopted regulations of the Borough of Collingdale regulating construction within the Borough.
- BUILDING LINE
- The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.
- BUILDING OFFICIAL
- The duly constituted official or his deputy within the Borough of Collingdale whose job it is to enforce all codes and ordinances of the Borough of Collingdale.
- The portion of a building that is totally or partly below grade and which has less than 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
- A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.
- CLUB or LODGE
- A corporation, association or group of persons formed for a social, educational or recreational purpose, but not run primarily for profit or to render a service which is customarily carried on as a business.
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
- COMMUNITY CENTER
- Any building or buildings and the lot upon which they are located which is publicly owned or operated to serve the community in which it is located. Such use may include indoor and outdoor recreational facilities, public meeting rooms, libraries and rooms for the dispensing of counseling, guidance or clinical services, but may not include residential uses.
- COMPREHENSIVE PLAN
- The document or documents, as amended, which have been adopted by the Borough Planning Commission and Borough Council as the Comprehensive Plan of the Borough.
- See "dwelling, condominium."
- See "dwelling, cooperative."
- COURT, INNER
- An open space enclosed on all sides by exterior walls of a building.
- COURT, OUTER
- An open space enclosed on three sides by exterior walls of a building.
- The area covered by all buildings on a lot, expressed as a percentage of the total lot area.
- Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Borough lies.
- DEPENDENT CARE FACILITY
- Any boardinghouse, rooming house or lodging house in which room and/or board are provided to any person having limited or diminished ability to care for themselves due to conditions including, but not limited to, the following: alcohol and drug dependence; physical dependency; mental dependency; age, etc. A dependent care facility shall include halfway house, rest home, nursing home, convalescent home, etc.
- Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
- (1) The Borough Council;
- (2) The Zoning Hearing Board; or
- (3) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
- Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
- DEVELOPMENT PLAN
- The provisions for development, including a planned residential development; a plat of subdivision; all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
- DRIVE-IN ESTABLISHMENT
- Premises constructed to cater to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to or service to the public of any products or services and providing curb and/or window counter service.
- A structure or portion of a structure on a lot which is designed and used for residential purposes and which meets all the conditions of the Building Code for residential use. The following types of dwellings are recognized for the purposes of this chapter:
- (1) Condominium. A form of multiple-dwelling ownership in which the occupant owns the dwelling unit he occupies and also owns an indivisible share of the common spaces, including hallways, steps, roofs, land, driveways, parking lots and open spaces.
- (2) Cooperative. A form of multiple-dwelling ownership in which the occupant owns an indivisible share of the total lot and buildings and has a right to occupy one of the dwellings on the premises.
- (3) Detached. A building designed for and occupied by a single household, which has no party walls in common with any other structure.
- (4) Duplex. A detached building occupied by two dwelling units, one of which is located above the other.
- (5) Multiple. A building or portion thereof containing three or more dwelling units.
- (6) Row or attached, also townhouse. A one-family dwelling which has two party walls in common with adjacent buildings, or one party wall in the case of the end building of a group or row of attached buildings.
- (7) Semidetached or twin. A one-family dwelling separated by a party wall from only one adjacent building.
- The duly appointed and licensed Engineer of the Borough of Collingdale.
- Any number of individuals living and cooking together as a single housekeeping unit, provided that not more than two of such number are unrelated to all of the others by blood, marriage or legal adoption. As a special exception, the Zoning Hearing Board may interpret the term "family" to apply to a group of individuals, not exceeding three, not related to each other by blood, marriage or legal adoption, living and cooking together as a single housekeeping unit.
- FLOODPLAIN AREA
- The relatively flat area or low lands adjoining the channel of a river, stream, or watercourse or any body of standing water which has been or may be covered by floodwater.
- FLOOR AREA
- The floor area of a building or buildings is the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes but need not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.
- FLOOR AREA RATIO
- The floor area, in square feet, of all buildings on a lot divided by the area of such lot in square feet.
- (1) Community. A building or group of buildings, one story in height, used exclusively for the storage of motor vehicles for compensation.
- (2) Private. A building accessory to the principal use on a lot for the storage of motor vehicles, either for or without compensation, to service the principal uses on the lot.
- (3) Municipal. A structure of two or more stories for the short-term storage of motor vehicles, owned or operated by the Borough of Collingdale or its agent.
- HEIGHT OF BUILDING
- The vertical distance measured from the average finished grade at all foundation corners of the building or structure, or at not less than 10 equidistant points in the case of an irregular or curved shaped structure, to a point midway between the highest and lowest points of the roof, excluding the chimneys or steeples or any superstructure above the roof such as stair or elevator bulkheads, water towers, etc.
- HISTORIC BUILDING OR SITE
- Any building or site within the Borough of Collingdale which is included in the National Register of Historic Places or catalogued by the state, county or Borough as a historic building or site.
- HOME OCCUPATION
- A customary personal service occupation, such as dressmaking, millinery and home cooking, provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than 30% of the area of one floor shall be used for such purposes, that no display of advertising other than a small nameplate and no display of products made shall be kept, and that no mechanical or electrical equipment is used except customary household equipment.
- An institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities, and staff offices.
- HOTEL, MOTEL, MOTOR INN
- A building occupied or used as a more or less temporary abiding place of 25 or more individuals, with or without board, and/or in which there are 15 or more sleeping rooms, and in which no provision is made for cooking in any individual room.
- IMPERVIOUS SURFACE
- The coverage of the lot area or tract area by materials that prevent the percolation of water onto the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways and any other similar surfaces.
- A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
- LOADING SPACE
- A portion of a lot upon which a building is located which is set aside for the parking of vehicles while loading and unloading.
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- Any process whereby the nature, size or shape of articles or raw materials are changed or where articles are assembled.
- MASSAGE PARLOR
- Any place or establishment which offers as its primary purpose or as a significant portion of its services any of the following: physical massage of the person, body rubs, alcohol rubs, baths, steam baths or similar services commonly rendered by such establishments. However, this definition does not include the following:
- (1) Services provided by a licensed physician, licensed chiropractor, licensed osteopath or a licensed practical or registered nurse.
- (2) Establishment which provides electrolysis treatment by a licensed operator.
- (3) Hospitals, nursing homes, medical clinics or medical offices.
- (4) Barbershops or beauty shops which offer massage to the scalp, face, neck or shoulders or which are operated by or employ licensed cosmetologists or licensed barbers performing functions authorized under the license.
- (5) Any establishments operated by or employing licensed psychologists, athletic trainers or therapists performing functions authorized by the license held.
- MOBILE HOME
- A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units, designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
- MOBILE HOME LOT
- A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
- MOBILE HOME PARK
- A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
- MUNICIPAL AUTHORITY
- A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."
- NONCONFORMING BUILDING
- A building which does not comply with the provisions of this chapter, but which lawfully existed prior to the enactment of this chapter.
- NONCONFORMING LOT
- A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
- NONCONFORMING STRUCTURE
- A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
- NONCONFORMING USE
- A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation.
- PARKING SPACE
- An open space or a garage on a lot used for parking of motor vehicles, the area of which shall not be less than 200 square feet, and to which there is access from a street or alley. The minimum width for a parking space shall be nine feet.
- Written permission from the Borough of Collingdale issued by the Building Official or Borough Manager, empowering the holder or recipient thereof to do some act not forbidden by law but not permitted without such authorization.
- A belief that the configuration of the head indicates the individual's character and personality traits. A phrenology practitioner feels the head of the customer/client and, for a fee, claims to reveal personality traits and how these will influence the customer's future.
- PLANNING COMMISSION
- The duly and legally appointed Planning Commission of the Borough of Collingdale, Pennsylvania.
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which the building is located.
- PUBLIC GROUNDS
- PUBLIC HEARING
- A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter.
- PUBLIC MEETING
- A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.
- PUBLIC NOTICE
- Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
- PUBLIC UTILITY
- Lots, equipment, buildings and all other facilities owned and/or operated by any corporation which is regulated by the Pennsylvania Public Utility Commission.
- Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
- An accessory structure for the storage of household and garden-related items, automotive parts or similar items, products, tools, equipment or items such as lawnmowers, tires, etc. Sheds shall not be used for storage, parking or repair of motor vehicles.
- Any structure or part thereof, or any device attached to a building or painted or represented thereon, which is used as an announcement, direction or advertisement for commercial purposes or otherwise.
- SIGN AREA
- An area including all faces of a sign, measured as follows:
- (1) Where such sign is on a plate or framed or outlined, all of the area of such plate or the area of such frame or outline shall be included;
- (2) Where such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the smallest rectangle within which all of the matter of which such sign consists may be encompassed.
- SIGN, FREESTANDING
- A sign which is suspended from or attached to and supported by one or more columns, uprights or braces imbedded in the ground and in which neither the sign nor supports thereof are attached to or dependent on any building for support or bracing.
- SINGLE AND SEPARATE OWNERSHIP
- The ownership of a lot by one or more persons, partnership or corporation, which ownership is separate and distinct from that of any adjoining lot.
- That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
- STORY, HALF
- Any space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet or more.
- Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
- STREET LINE
- The dividing line between a lot and a street right-of-way.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as beams, columns or girders.
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
- SWIMMING POOL
- An outdoor swimming pool shall, for the purposes of this chapter, be construed to mean any water pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 18 inches and having a plane surface area of water greater than 100 square feet.
- USABLE OPEN SPACE
- All unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the building or buildings on the said lot for the purposes of active or passive outdoor recreation.
- Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
Editor's Note: The Municipality Authorities Act of 1945 was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
Any words or phrases not specifically defined in this section shall be construed throughout this chapter to have the same meanings as set forth in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., in effect at any given time.