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Narberth Zoning Ordinance 1924

Narberth Zoning Ordinance 1924

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The Zoning Ordinace of the Borough of Narberth, Pennsylvania. July 14, 1924
The Zoning Ordinace of the Borough of Narberth, Pennsylvania. July 14, 1924

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ZONING ORDINANCE of the Borough of Narberth, Penna.

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THE ZONING ORDINANCE OF THE BOROUGH OF NARBERTH, PENNA.
AN ORDINANCE TO ESTABLISH BUILDING DISTRICTS AND RESTRICTIONS APPROPRIATE TO SUCH DISTRICTS, DEFINING THE CHARACTER OF BUILDINGS, FIXING THE LOCATION OF BUILDINGS, AND ESTABLISHING REGULATIONS FOR THE HEIGHT AND BULK THEREOF. THE COUNCIL OF THE BOROUGH OF NARBERTH DOES ORDAIN: SECTION 1. From and after the passage of this ordinance the Borough of Narberth shall be divided into three districts, the first two of which shall be known as business districts, and the third thereof as a residence district. Within the confines of such districts there shall not be erected, altered, reconstructed, removed into, or maintained any building except dwellings, tenements, private and public garages, business buildings, educational buildings, amusement buildings and public buildings. District No. 1. The limits of District No. 1 shall be as follows: Beginning at the intersection of the northern property line of the Pennsylvania Railroad Co., and the eastern line of Narberth avenue, thence along a line parallel with the centre line of the railroad westerly to a point on a line parallel to and two hundred feet (200) westward from the centre line of Essex avenue, thence northerly along said line fora distance of one hundred 3

and thirteen (113) feet, thence eastward at right angles a distance of fifty (50) feet, thence northerly along a line parallel to and one hundred and fifty (150) feet westward from the centre line of Essex avenue to a point on ~ line parallel to and one hundred and seventy-five (175) feet southward from the centre line of Windsor avenue' thence easterly along said line to a point dn a line parallel to and one hundred and twenty-five feet (125) eastward from the centre line of Narberth avenue; thence southerly along said line a distance of eighty-seven (87) feet thence eastwardly along a line parallel t~ Windsor avenue a distance of twenty-five (25) feet, thence southerly along a line parallel to Narberth avenue to the southern side of Haverford avenue, to a point on the eastern side of Narberth avenue; thence along said eastern line of Narberth avenue southerly to the place of beginning. District No.2. The limits of District No.2 shall be as follows: Beginning at a point on the centre line of Hampden avenue one hundred fifteen feet (115) southward from the intersection of the centre line of Woodbine avenue with the centre line of Hampden avenue; thence northerly along the centre line of Hampden avenue to a point on a line parallel to and three hundred fifty feet (350) northward from the centre line of said Woodbine avenue, thence easterly along said line to a point on a line parallel to and one hundred twenty-five feet (125) eastward from the centre line of Iona avenue, thence southward alqpg said line to a point on a line parallel to and one hundred fifteen (115) feet southward from the centre line of said Woodbine avenue, thence westerly along said line to the place of beginning. District No.3. Those portions of the Borough of Narberth not included within the business districts shall be known as "Residence Districts" and within the confines of which there shall be erected, altered, reconstructed, 4

removed into or maintained no buildings except dwellings, tenements, private garages, educational buildings and public buildings. SECTION 2. Heights of buildings. Residence Districts: In residence districts the heights of buildings shall be as follows: Private garages shall be not over one story; dwellings not over two stories, except that a third story may be built within sloping roof; tenements not over three stories or thirty-five feet in all; all other types not over two stories or thirty-five feet, excepting towers on public buildings. Business Districts: In business districts the heights of buildings shall be as follows: Business buildings shall be not over four stories or forty-five feet; dwellings or tenements three stories or thirty-five feet; educational and public buildings and garages two stories or thirty-five feet; amusement buildings one story or thirty feet. SECTION 3. Areas of lots and frontages. Residence Districts: In residence districts no lot shall be of less width between side party lines than twenty-five feet at a point twentyfive feet from the centre of the street and no lot to have an area of less than twenty-five hundred square feet, not including street. Business districts: In business districts no lot shall be of less width than sixteen feet six inches between side party lines at a point twenty-five feet from the centre of the street and no lot to have an area of less than one thousand square feet, not including street. SECTION 4. Open spaces. Residence Districts: In residence districts where dwellings or tenements are erected on any lot there shall be kept and maintained an .9pen space not less than sixty-five per cent. of the total area of the lot, except, however, that where a tenement is erected on a corner lot with two street frontages, the open space may be not less than fifty-five per cent. of the 5

total area of such lot. Where educational and and public buildings are erected on any lot, an open space shall be kept and maintained of not less than fifty-five per cent. of the total area of such lot, provided, however, that where educational and public buildings are erected on a corner lot with two street frontages, the open space shall be not less than fifty per cent. of the total area of such lot. Business Districts: In business districts where dwellings and tenements are erected on any lot there shall be kept and maintained an open space of not less than twenty-five per ~ent. of the total area of such lot, except that m the case of corner lots with two street frontages, the open space may be not less than fifteen per cent. of the total area of such lots. In the business districts, all other types of buildings may occupy the entire lot subject to restrictions as to access and set~ backs for the walls with openings. SECTION 5. Setbacks from front property line. Residence Districts: In residence districts no portion of any dwelling or tenement, except porches, shall be erected within fifty feet of the centre line of the street on which such dwelling or tenement faces, and no porch shall be erected within forty feet of the centre line of such street except that in the case of corner lots the street on which the narrowest width of lot faces shall be deemed the street f~ont. In all ot?e~ types of buildings, no portion of such buildings shall be erected within sixty feet of the centre line of the street, exceli!t that in the case of a garage facing on a street at the opposite end of the lot from the main structure, the garage shall have a setback of not less than ten per cent. of the depth of the lot, plus one-half the width of the street. Business Districts: In the business districts no portion of any type of building shall project within ten feet of the curb line of the road6

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way, including the steps, bay-windows or other overhangs; except, however, that cornices over ten feet above the curb level may project fifteen inches. SECTION 6. Location of buildings on lots. Residence Districts: In the residence districts no dwelling shall be erected less than six feet from any party line, except that in the case of pairs of houses erected with one party dividing wall, the said party dividing wall may be centered on one side party line only. No tenements, educational or public buildings shall be erected within twelve feet of any side or rear line, nor shall it have less than twelve feet between any wings or extensions. No private garage shall be erected in front of the line .of the rear wall of the dwelling on the adjoining lot exclusive of porches, sheds or bay-windows. Garages on a corner lot must be kept twenty feet from the side line of the lot in the rear if said lot fronts on a side street and set back from the centre of the side street twenty-five per cent. of the width of the. said corner lot plus onehalf the width of the side street, providing the setback shall not be less than thirty-five feet. Business districts: In the business districts the location of dwellings shall be the same as is set forth above for dwellings erected in the residence districts. No tenements in which openings face party line shall be erected within twelve feet of any such side or rear line, nor shall there be less than twelve feet between any wings or extensions where the openings do not face party lines; tenements may be built up to the party line. In all other types of buildings, walls with openings must be not less than five feet from the party line and not less than eight feet between the wings and extensions of such buildings. SECTION 7. Streets. In the residence districts, in case of all streets that are not through streets, there shall be a court at the 7

end with a space of not less than sixty feet in diameter. In the business districts, any new street to be hereafter opened shall be a through street with full-sized openings at the end of the street. SECTION 8. General definitions. For the purposes of this ordinance the following definitions are adopted: DWELLING: Any house or building or portion thereof, used primarily as the home, residence or sleeping space of not more than two families under one roof, comprising (a) Private dwelling: A dwelling used as the home or residence of not more than one family. (b) Two-family dwelling: A dwelling used as the home or residence of two families. TENEMENT. .A dwelling used primarily for the residence or accommodation of more than two families or of individuals in rooms or suites of rooms, such as an apartment house, flat house, tenement house, hotel, lodging house, dormitory, convent or club house except private and two-family dwellings. ' PRIVATE GARAGE: A garage housing or with a capacity of not over three motor vehicles under one roof in which space for such motor vehicles may be rented without sale of fuel or accessories. PUBLIC GARAGE: Any garage housing or providing space for more than three motor vehicles under one roof or any garage wherein fuel or accessories are sold or stored for sale. BUSINESS BUILDING: Any building or part of a building used solely for private businees, such as an office building, bank, retail store, market, restaurant, laundry office, bakery, stable or warehouse or storehouse for the storage of furniture or such materials as are required for retail business. ~UBLIC BUILDING: Any building in WhICh persons congregate for civil, political social or religious purposes or in which per~ sons assemble for reason of public or civic
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duty, such as Court House, Passenger Station, LIbrary, Museum, Gymnasium, Exhibition Building, Lecture Hall, Church, Dance Hall, Armory, Fire House or Police Station. EDUCATIONAL BUILDING: Any public private. or pa~ochia! scho?l,. college, academy or semmary, mcludmg building or portion of the same containing one or more rooms used for the assembling of persons for the purpose of acquiring knowledge or for mental or manual training. AMlJSEMENT BUILDING: Any building used solely and constantly for amusement purposes, such as a theatre or moving picture theatre. OPEN SPACE: Space from the ground to the sky unobstructed by any bays or overhangs, other than cornices of not more than fifteen inches projection, except that in business districts such an open space in the case of dwellings or tenements may start at the roof over the first story if the first floor is used as a business or public building or as a lobby for a tenement. STREET: Meaning the width of the space to be left for the roadway, curb, pavement and planting space and to be considered for this ordinance as not less than fifty feet. LOT: The ground contained within the side and rear party lines and street line upon which a building is to be constructed. CURB LEVEL: The mean curb level as established by the Borough Engineer on the street of highest mean elevation on which the building faces. STORY: That part of the building comprised between any floor and the floor or roof next above, including any cellar or basement which is more than one-half above mean curb level. SECTION 9. Except as hereinafter specified, no building, structure or premises or part thereof shall hereafter be used, constructed, reconstructed, extended or enlarged or sub9

stantially altered in its use or construction, except in conformity with the regulations herein prescribed for the district in which it is located. The provisions of this ordinance shall not apply to any existing structure nor to the existing use of any building or premises, nor shall they require any change in plans, construction or designated use of any building or part thereof, the construction of which shall be lawfully in progress at the time of passage of this ordinance, or for which a permit shall have been issued pursuant to law or ordinance, provided it shall be started within sixty (60) days from the time of the effective date of this ordinance and be promptly and diligently prosecuted to its completion. SECTION 10. Penalties. Any building or portion of a building, or party or foundation wall hereafter erected or placed upon any lot or premises within said Borough of Narberth in violation of the provisions of this ordinance is hereby declared a common nuisance, and the owner of the ground or the building, upon twenty-four (24) hours' notice personally served upon him or them, or a like notice being posted upon said building, in case personal service cannot be made within said Borough, shall proceed to remove the said building within the next forty-eight (48) hours beyond the Borough limits, or proceed to take down the same within that time, and in the event of his or their refusal or neglect so to do, the Chief Burgess, or in case of his absence, or failure to act, the Borough Council shall forthwith proceed to have the said building removed as a common nuisance, the necessary expense of which shall be collected from the owner of said building or lot, as other debts are by law collected. Provided, That if the owner of such building shall refuse or neglect to remove the materials of which the building may be composed after the same has been deposited in some .convenient 10

place for the space of twenty-four (24) hours after notice so to do the said materials shall be sold at 'public sale af~er six .(6) days by not less than ten (10) prmted bilfs posted in the vicinity and the proceeds thereof paid into the Borough Treasury for the use of the owner of such building or lot a~ter deducting all costs and expenses for tearmg down, removing and disposing of sa~e; a~y person VIOlating the provisions of this ordmance or any of them or failing to comply with them in any re;pect shall be liable to a fine of not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) in the discretion of the Chief Burgess or Justice of the Peace imposing the same, the funds to be sued for and recovered in the name of the Borough, and for thereof as such debts are collected by law. And for each and every day such violation shall continue after notice has been given as aforesaid during which the party so notified has negiected or refused to comply with the provisions of this ordinance, there shall be an additional fine of Five Dollars ($5) per day until the nuisance is abated or the ordinance complied with. SECTION 11. All ordinances or parts of ordinances inconsistent herewith be, and the same are, hereby repealed.

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Passed this 14th day of July, A. D. 1924. . W. R. D. HALL, President of Council.

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Attest: CHARLES V. NOEL, Secretary of Council.

Approved this 14th day of July, A. D., 1924. CARL B. METZGER, Chief Burgess.

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