The Township is hereby divided into zoning districts of different
types, each type being of such number, shape, kind and area and of
such common unity of purpose and adaptability of use that is deemed
most suitable to carry out the objectives of this chapter and the
Comprehensive Plan.
A.
The Township is hereby divided into 11 districts, as follows:
|
A
|
Agricultural
| |
|
RR
|
Rural Residential
| |
|
SR
|
Suburban Residential
| |
|
CR
|
Corridor Residential
| |
|
VR
|
Village Residential
| |
|
NC
|
Neighborhood Commercial
| |
|
LC
|
Local Commercial
| |
|
RC
|
Regional Commercial
| |
|
LI
|
Light Industry
| |
|
HI
|
Heavy Industry
| |
|
I
|
Institutional
|
The boundaries of districts shall be shown on the map attached
to and made part of this chapter. Said map will be known as the "Hempfield
Township Zoning Map, 2014." The Zoning Map shall be kept on file and
available for examination at the Township Municipal Building.
A.
Where uncertainty exists with respect to the boundaries of the district
as indicated on the Zoning Map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately coinciding
with the center lines of street, highways, railroad lines or streams,
such center lines shall be construed to be such boundaries.
(2)
Where district boundaries are so indicated that they approximately
coincide with lot lines, such lot lines shall be construed to be said
boundaries; or where district boundaries are extensions of lot lines
or connect the intersections of lot lines, such lines shall be said
district boundaries.
(3)
Where district boundaries are so indicated that they are approximately
parallel to center lines of streets or highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map.
(4)
The abandonment of streets shall not affect the location of such
district boundaries.
(5)
When the Zoning/Code Enforcement Officer cannot definitely determine
the location of a district boundary by center lines, lot lines or
by the scale or dimensions stated on the Zoning Map, he or she shall
interpret the location of the district boundary with reference to
the scale of the Zoning Map and the intentions and purposes set forth
in all relevant provisions of this chapter.
B.
Where one parcel of property is divided into two or more portions
by reason of different zoning district classifications, each of these
portions shall be used independently of the others in its respective
zoning classification; and for the purpose of applying the regulations
of this chapter, each portion shall be considered as if in separate
and different ownership.
A.
The intended use and purpose of each of the zoning districts is set
forth in Table 1.[1]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
B.
Any use not specifically listed in Table 1 may be allowed as a special exception by the Zoning Hearing Board in accordance with the standards provided in Article XXVI of this chapter.
C.
The parking of storage trailers is not permitted in any zoning classifications
as a principal use.
[Added 11-23-2016 by Ord.
No. 2016-12]
D.
The parking of temporary construction trailers is permitted in conjunction
with construction activity in a subdivision or land development.
[Added 11-23-2016 by Ord.
No. 2016-12]
A.
Accessory uses and structures are permitted in each of the districts
as set forth in Table 2.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
A.
Uses accessory to agriculture. When the principal use is an agricultural
use or the production or keeping of farm animals such as alpacas,
llamas, emus, deer, poultry, cattle, swine, goats or sheep, all accessory
buildings customarily incidental to them shall be permitted, with
the following requirements:
[Amended 1-20-2016 by Ord. No. 2016-02]
(1)
To qualify as agricultural use or for the production and keeping
of farm animals, the minimum lot size shall be five acres.
(2)
Farm buildings and other structures shall not be established any closer than 50 feet from any lot line. Manure or other waste storage shall not be established closer than 100 feet away from any lot lines; provided, however, that concentrated animal feeding operations shall meet the special requirements under Article XXVI.
(3)
Accessory farm structures such as barns, silos and bulk bins shall
be exempted from the building height regulation established above.
(4)
Roadside stands for the seasonal sale of agricultural products shall
be permitted as an accessory use to an agricultural use if:
A.1.
Animal husbandry as accessory use to a residential
use. When the principal use of the lot is for residential use, animal
husbandry, as defined herein, shall be permitted as an accessory use
subject to the following requirements:
[Added 1-20-2016 by Ord.
No. 2016-02]
(1)
Said use must be located in either an Agriculture Zone or Rural
Residential Zone.
(2)
Said lot must have a minimum lot size of one acre.
(3)
Any farming building or other structures, including but not
limited to fences, cages, pens or any enclosures, for the proposed
accessory use shall not be established closer than 100 feet from any
lot line.
(4)
Manure or other waste storage shall not be established closer
than 150 feet from any lot line.
B.
Storage sheds.
(1)
It is in the interest of the safety of the residents of the Township
to be allowed to construct safe and securely anchored storage sheds
for the storage of materials and equipment other than motor vehicles.
(2)
Storage sheds shall be constructed of wood, masonry, durable outdoor
resin and metal and must be fastened or bolted to a concrete floor
or fastened or bolted to a treated wood floor or fastened or bolted
to piers so as to provide proper anchoring of such sheds.
(3)
A maximum of three storage sheds shall be permitted on any lot in
the A and RR Districts, and no more than one storage shed shall be
permitted on a lot in any other zoning district.
(4)
Storage sheds shall meet the setback and building height requirements in § 87-18A, Table 3 and Table 4.
(5)
Prior to the construction of a storage shed, a zoning permit shall
be obtained from the Zoning/Code Enforcement Officer of the Township.
The fee shall be set forth in a resolution duly adopted by the Board
of Supervisors.
C.
Fences, screening walls and retaining walls.
(1)
Height and setbacks.
(a)
In lieu of the bulk and area standards established in Table
4, all fences and screening walls, with the exception of those erected
on lots used for agriculture or for the keeping of horses or ponies,
shall meet the following height and setback requirements:
[1]
Within any required front yard, fences and screening walls must
not exceed four feet in height as measured from average grade level.
[2]
Within any required rear or side yard, fences and screening
walls must not exceed six feet in height as measured from average
grade level.
[3]
Fences and screening walls shall be set back a minimum of five
feet from the paved portion or berm of any private right-of-way or
public cartway, including any streets or alleys of the Township or
the Commonwealth of Pennsylvania, subject, however, to the rights
of the Township or a municipal authority within the right-of-way.
[4]
Fences and screening walls along side and rear lot lines shall
be permitted to have no setback.
[5]
A fence not exceeding 10 feet in height may be built in any
required yard for schools, playgrounds or parks or in any required
side or rear yard in commercial or industrial districts.
[Amended 1-20-2016 by Ord. No. 2016-02]
(b)
Retaining walls shall be required to meet the height and setback
requirements of accessory structures as established in Table 4.
(c)
Regardless of the height and setbacks established in this subsection,
fences, screening walls and retaining walls as erected must not interfere
with the clear sight triangle at any intersection of streets, driveways,
access drives or the like.
(2)
Fences and screening walls shall be finished on both sides in the
same manner, or if finished only on one side, then said fence or wall
shall be erected so that the finished side faces outward away from
the lot or parcel of ground where the same is erected.
(3)
If a fence or screening wall, as erected on any property, is found
by the Board of Supervisors, or an agent designated by said Board,
to interfere with the location, relocation, maintenance or repair
of any public street, cartway or public utility lines, then in such
instance said fence or wall shall be removed or relocated by the property
owner who owns the land upon which the fence or wall is located at
the sole expense of said property owner.
(4)
Types of fences allowed:
(6)
Requirements for retaining walls. Any applicant wishing to construct
a retaining wall shall comply with the requirements of the Pennsylvania
Uniform Construction Code.
(7)
Permitting and enforcement.
(a)
It shall be unlawful to construct or alter any fence, screening
wall or retaining wall without having first secured a zoning permit
therefor.
(b)
Application for such permits shall be made to the Zoning/Code
Enforcement Officer and shall be accompanied by plans and specifications,
in duplicate, showing the work to be done. Such plans shall be verified
by the signature of either the owner of the premises or the contractor
in charge of the operation and shall be accompanied by the payment
of a fee established by the Township.
(c)
Such application with plans shall be referred to the Zoning/Code
Enforcement Officer, who shall examine the same to determine whether
the proposed construction or alteration will comply with the provisions
of this chapter relative thereto and shall issue or reject the permit,
in writing, within five working days from receipt of the application.
Upon approval, one set of plans shall be returned to the applicant
with a permit, and the other shall be retained by the Zoning/Code
Enforcement Officer. No permit shall be issued until after approval
of the plans.
(d)
It shall be unlawful to vary materially from the submitted plans
and specifications unless such variations are submitted in an amended
application to the Zoning/Code Enforcement Officer and approved by
him.
(e)
The Zoning/Code Enforcement Officer shall make or cause to be
made such inspection as is necessary to see to the enforcement of
the provisions of this chapter.
D.
No-impact home-based businesses. No-impact home-based businesses
are permitted by right in all residential zoning districts as long
as the business or commercial activity satisfies the following requirements:
(1)
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights, except that the name
of the business may be indicated on the residence mailbox, as long
as the mailbox sign does not exceed one square foot in area.
(5)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in a neighborhood.
(6)
The business activity may not generate any solid wastes or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the gross floor area.
(8)
The business may not involve any illegal activity.
E.
Swimming pool accessory to a single-family dwelling.
(1)
The pool is intended and is to be used solely for the enjoyment of
the occupants of the principal use of the property on which it is
located and their guests.
(2)
The pool, including any deck areas or accessory structures, must
meet all yard and setback requirements of Table 4, Area and Bulk Regulations
for Accessory Structures.
(3)
The swimming pool, or the entire property on which it is located,
shall be so walled or fenced so as to prevent uncontrolled access
by children from the street or from adjacent properties. Said fence
or wall shall meet all requirements under ASTM Standards Designation
F-1908-06, as amended, and it shall be maintained in good condition.
F.
Swimming club accessory to a multifamily dwelling.
(1)
The swimming club is intended solely for the enjoyment of the tenants
and their families and guests or, if the pool is operated by a membership
association, the members and the families and guests of members of
the association under whose ownership or jurisdiction the pool is
operated.
(2)
The pool, including any deck areas, accessory structures and areas
used by the bathers, shall meet the yard and setback requirements
of Table 4, Area and Bulk Regulations for Accessory Structures.
(3)
The swimming pool and all of the area used by bathers shall be so
walled or fenced as to prevent uncontrolled access by children from
the street or adjacent properties. The fence or wall shall meet all
requirements under ASTM Standards Designation F-1908-06, as amended,
and it shall be maintained in good condition. The area surrounding
the enclosure, except for the parking spaces, shall be suitably landscaped
with grass, hardy shrubs and trees, and it shall be maintained in
good condition.
H.
Private stables.
[Added 1-20-2016 by Ord.
No. 2016-02]
I.
Keeping
of chickens in residential areas. The keeping of backyard chickens
shall be permitted as an accessory use to an established primary residential
use on a property, provided the following conditions are met:
[Added 5-22-2023 by Ord. No. 2023-04]
(1)
The primary residential use shall be a single-family structure with
a 1/2 acre minimum lot size located within the following zoning districts:
Suburban Residential, Corridor Residential, and Village Residential.
(2)
Applicability. No part of this subsection shall permit the keeping
of backyard chickens where such is otherwise prohibited by restrictions,
covenants, HOA regulations or other provisions.
(3)
Yard setbacks.
(a)
Any chicken coop or chicken run shall not be permitted within
the front yard of a lot.
(b)
Any structure related to the keeping of chickens must be set
back a minimum of 25 feet from any side or rear yard and 50 feet from
any existing dwelling on adjacent properties at the time of the construction
or installation of the structure.
(c)
The chicken coop or chicken run shall be placed so that it is
closer to the owner's occupied structures than that of an adjoining
property owner's occupied structures as measured to the closest
point of all occupied structures.
(d)
In all instances, whether there is an adjoining occupied building
or not, the chicken coop and chicken run shall not be located within
the building setback area established by the zoning district in which
the chicken coop and chicken run are located.
(5)
Chickens shall be kept for personal use only. No person shall engage
in chicken breeding, raising or fertilizer production for commercial
purposes. A rooster (male chicken) may not be kept in Hempfield Township
on tracts of land which are less than 10 acres in size.
(6)
Chicken coops and runs.
(a)
A maximum of one chicken coop and chicken run is permitted per
property which is less than 10 acres in size.
(b)
All chickens shall be housed in an enclosed coop which allows
them to be secured at night. Coops shall have walls, roof and a floor
with no wired sides.
(c)
Chickens may be allowed to move freely on the permitted property
within a secure fence under the supervision of the responsible party.
(d)
The minimum coop size shall be three square feet per chicken.
The maximum coop size shall be six square feet per chicken.
(e)
A chicken run is permitted when attached to a coop.
(f)
If a chicken run is provided, it shall be no larger than nine
square feet per chicken and shall be enclosed in a way that contains
the chickens.
(g)
The chicken coop and chicken run shall be maintained with a
neat, weed- and other debris-free appearance.
(h)
The chicken coop shall be on a slab or built at least one foot
off the ground so that rodents and other animals cannot dig and live
under the coop.
(i)
If a coop and chicken run are no longer used for a period of
one year, the coop and outside run must be removed from the property.
(7)
Unlawful to allow chickens to run at large. It shall be unlawful
for the owner or owners of any chickens to allow the same to run at
large upon any of the common rights-of-way, thoroughfares, sidewalks,
passageways, play areas, common areas, parks, streets, alleys, or
public highways or any place where people congregate or walk, or upon
any public or private property in Hempfield Township, including any
property permitted for the keeping of chickens pursuant to this subsection.
(8)
Composting. It shall be unlawful for any person to spread or cause
to be spread or deposited upon any ground or premises within the Township
any chicken manure. However, chicken manure may be composted on the
property where the chickens are housed, and the composted material
then applied to gardens, yards or other yards with written permission.
(9)
Slaughtering or butchering prohibited. Slaughtering or butchering
of chickens shall be strictly prohibited on residential property.
(10)
Administration and enforcement. All violations of the provisions
noted above, as well as requirements for obtaining a permit for the
keeping of chickens, shall be in accordance with the Code of Hempfield
Township. The Township may, at any time during normal business hours,
enter and inspect said property for compliance with the Code.
(11)
Permits.
(a)
A permit shall be submitted and approved prior to the keeping
of backyard chickens on any property mentioned herein. A permit is
required for any coop, chicken run, or any other structure of the
same prior to its construction or installation.
(b)
The one-time cost of the permit is set forth by the adopted
Hempfield Township fee schedule ($100).
(c)
Prior to final permitting, a site inspection is required to
ensure all ordinance standards are met as well as the health, safety,
morals and general welfare of the Township and its residents.
(d)
A manure management plan, approved by the Westmoreland County
Conservation District, must be on file with Hempfield Township.
(e)
Proof of premises ID from the Pennsylvania Department of Agriculture
must be provided to Hempfield Township.
(f)
Proof of veterinarian and chicken owner relationship.
(12)
Violations and penalties. Any individual found to be in violation
of any provision of this subsection may face revocation of their permit.
Upon written notice thereof, such individuals shall surrender their
permit to the Township Department of Planning and Zoning. In the case
that a permit is revoked, all chickens must be removed from the parcel
within 15 days, and the coop and/or chicken run must be removed within
30 days.
J.
Solar energy
systems.
[Added 5-22-2023 by Ord. No. 2023-05]
(1)
General compliance of solar energy systems.
(b)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend the facility into the natural setting and existing
environment.
(c)
A solar energy system shall not be used to display advertising,
including signage, streamers, pennants, spinners, reflectors, ribbons,
tinsel, balloons, flags, banners and similar materials. The manufacturer's
or installer's identification and any appropriate warning signs
and placards may be displayed on the solar energy system, provided
they comply with the Township's sign regulations.
(2)
Setbacks, placement and height restrictions for solar energy systems.
(a)
Residential ground-mounted systems. A ground-mounted solar energy
system is permissible by special exception and may be installed if
it meets the requirements of this subsection and all other applicable
construction codes.
[1]
A solar energy system must comply with all height requirements
for the zoning district where the solar energy system is to be installed.
[2]
Ground arrays shall be set back a distance of 1.1 times the
structure height from all property lines, or building setbacks, whichever
is greater, or comply with the required residential district or be
in conformance with the bulk standards in nonresidential districts
as provided herein.
[3]
Ground arrays shall be located so that any reflection is directed
away or is properly buffered from an adjoining property.
[4]
A forty-eight-inch fence shall surround all electrical facilities.
[5]
All exterior electrical and/or plumbing lines must be buried
below the surface of the ground and be placed in a conduit. Any underground
wiring is to meet NEC standards.
[6]
Ground-mounted solar energy systems shall not be considered
an accessory building.
[7]
Ground-mounted solar energy systems shall not be within the
front yard setback.
[8]
If a ground-mounted solar energy system is removed, any earth
disturbance as a result of the removal of the ground-mounted solar
energy system shall be graded and reseeded.
[9]
All power transmission lines from a ground-mounted solar energy
system to any building or other structures shall be located underground.
(b)
Residential and commercial roof-mounted systems. A roof-mounted
solar energy system may be installed if it meets the requirements
of this subsection and all other applicable construction codes.
[1]
Permitted roof-mounted solar panels shall include integrated
solar panels as the surface layer of the roof structure, with no additional
apparent change in relief or projection, or separate flush-mounted
solar panels attached to the roof surface.
[2]
Integrated or separate flush-mounted solar panels shall be located
on a rear- or side-facing roof, as viewed from any adjacent street,
unless the proposed location prevents the system from operating as
designed. The removal of potential obstructions, such as interceding
vegetation, shall not be sufficient cause for permitting a front-facing
installation.
[3]
A residential or commercial roof-mounted solar energy system
must comply with the accessory structure restrictions, as well as
any IRC (International Residential Code), IBC (International Building
Code), and NEC (National Electrical Code) requirements.
(c)
Solar farm installations. A solar farm is allowable in Regional
Commercial, Heavy Industrial, Light Industrial, Agricultural, and
Institutional Zoning Districts, with the following requirements:
[1]
A minimum setback of 150 feet to all property lines, and all
facilities, including any accessory structures, must be contained
within that setback.
[2]
An approved site plan.
[3]
All Westmoreland Conservation District and DEP requirements
must be met.
[4]
The entire solar facility must be enclosed by eight-foot fencing.
[5]
On-site transmission and power lines shall be placed underground,
unless there is written and approved justification as to why that
is not possible.
[6]
The facility owner is responsible for the complete decommissioning
and removal of the entire solar facility within 12 months of the end
of the useful lifespan of the facility. The end of useful life will
be defined as having no electricity generation for a period of 12
consecutive months. At the end of the useful life of the facility,
the site must be graded, if required, and replanted.
(d)
Mechanical equipment. Mechanical equipment associated with and
necessary for the operation of the solar farm shall comply with the
following:
[1]
Mechanical equipment shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of shrubbery, trees, or other plant materials
which provide a visual screen.
[2]
Mechanical equipment shall not be located in the required front
yard setback of the underlying zoning district.
[3]
Mechanical equipment shall be set back at least 10 feet from
the rear and side property lines.
(e)
General requirements.
[1]
All zoning and building permits are required.
[2]
Cost of decommissioning must be provided and part of the developer's
agreement in the form of a bond to be updated every five years. Cost
of decommissioning shall be determined by a third-party professional
engineer approved by the Township.
[3]
Any solar energy system (roof or ground) that has not been in
active and continuous service for a period of one year shall be removed
from the property to a place of safe and legal disposal. The property
site then must be graded, if required, and replanted.
[4]
The solar energy system shall provide power for the principal
use of the property on which the solar energy system is located and
shall not be used for the generation of power for the sale of energy
to other users.
[5]
Hempfield Township must be notified within 30 days of any change
in ownership of the solar facility.
[6]
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties or roadways.
(3)
Easements. On new site development plans that propose to provide
for solar energy systems, the governing body of the municipality shall
require, prior to the approval of the plan, a notation on the plan
that restrictions have been placed on the lots in question concerning
the placement of structures and vegetation as they relate to the proposed
solar energy system.
(4)
Emergency outages. The owner of any solar energy system must configure
the system in a manner that a backup source of electricity is available
during times of outage of the system. If the operation of the solar
energy system interferes with the supply of electric service to other
residents of Hempfield Township, the Township may restrain operation
for such interference with the health, safety and welfare of other
residents.
(5)
Connection and operation in conjunction with public electrical system.
Nothing in this subsection shall be construed to approve any type
of solar energy system in conjunction with any electrical distribution
company that is otherwise regulated by the Public Utility Commission
or prescribe the terms and circumstances of operation of personal
solar energy systems or solar energy farms as they pertain to public
electric generation systems.
(6)
Effective date. This subsection applies to solar energy systems to
be installed and constructed after the effective date of this subsection,
five days after the adoption hereof. Solar energy systems constructed
prior to the effective date of this subsection shall not be required
to meet the requirements of this subsection.
A.
General requirements.
(1)
Principal buildings. The minimum lot size, lot dimensions, minimum
width at building line, minimum front yard setbacks, minimum rear
yard, minimum side yard, maximum coverage, density per lot and maximum
building height for principal buildings in each of the enumerated
zoning districts are established in Table 3.[1]
[1]
Editor's Note: Table 3 is included as an attachment to this chapter.
(2)
Residential accessory uses and structures. Accessory uses and structures
144 square feet or less in area may be located no closer than five
feet from the side and rear lot line in any district; nor closer than
the rear of the principal building situate on the lot. All accessory
uses and structures more than 144 square feet in area shall comply
with the yard requirements in the following table.
[Amended 1-20-2016 by Ord. No. 2016-02]
|
Table 4
Area and Bulk Regulations for Accessory Structures
| |||||
|---|---|---|---|---|---|
|
District
|
Front Yard
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
Building Height
(feet)
| |
|
A and RR1
|
Shall not be constructed any closer to the front yard line than
the rear of the principal building situate on the lot
|
25
|
35
|
20
| |
|
SR
|
Shall not be constructed any closer to the front yard line than
the rear of the principal building situate on the lot
|
10
|
10
|
20
| |
|
CR and VR
|
Shall not be constructed any closer to the front yard line than
the rear of the principal building situate on the lot
|
5
|
10
|
20
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
Farm buildings and other accessory uses used for agricultural purposes are subject to the special bulk and area standards set forth in § 87-17A.
| |
(3)
Any nonresidential accessory use or structure shall meet the setbacks
and building height requirements of the underlying district.
(4)
All retaining walls, as defined herein, shall have a minimum setback
of five feet both side and rear yard in all zoning districts.
B.
Building height provisions and exceptions.
(1)
The following structures or portions thereof may extend above the
building height limit of the district in which the same is located,
provided that every portion of such structure above the building height
limit is at least as many feet distant from bordering or opposite
properties as that portion of the structure is in height:
(a)
Church towers and spires.
(b)
Penthouse or roof structures for the housing of elevators, stairways,
tanks, ventilating fans or similar equipment required to operate and
maintain the building.
(c)
Fire or parapet walls, skylights, towers, steeples, flagpoles,
chimneys, smokestacks, wireless masts, water tanks, silos or similar
structures.
(d)
In the following zoning districts, the height of the building(s)
may have a maximum building height of 70 feet if said structure is
to have a sprinkler system installed in accordance with the Pennsylvania
Construction Code:
(2)
In measuring the building height in stories, a basement shall be
counted as a story only when 60% or more of the front wall surface
thereof, between the floor and ceiling, is above the average grade
level of the ground abutting the front wall of the structure, as shown
on the construction plans.
(3)
Radio and television antenna structures shall be permitted on any
zoning lot only where such structures meet all of the following height
and location requirements:
(a)
Where such structure is attached to an existing main building,
its maximum height shall not exceed 10 feet above the high point of
the roof.
(b)
A freestanding antenna structure may not extend above the ground
more than 30 feet and shall be located to the rear of the building
and not less than 30 feet from any lot line.
(4)
These height exceptions and regulations shall not apply to any communications
antennas or communications towers.
C.
Special yard and setback requirements.
(1)
Lots abutting more than one street. Lots which abut on more than
one street shall provide the required front yards along every street;
provided, however, that where the lot abuts an alley, it shall not
be required to provide a front yard along such alley.
(a)
Corner lots shall have two front yards and two side yards; provided,
however, that if the corner lot has only three sides, it shall have
two front yards and one side yard.
(b)
Through lots shall have two front yards and two side yards;
provided, however, that if a through lot is also a corner lot, it
shall have three front yards and one side yard.
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(2)
Projections into minimum front, side or rear yards. Except as provided in Subsection C(3) below, all structures attached to the principal structure, including porches, patios, carports, balconies or platforms above average grade level, shall not project into any minimum front, side or rear yard.
(3)
Buttresses, chimneys and piers. A buttress, chimney, cornice, pier
or pilaster projecting no more than 24 inches from the wall of the
building may project into a required yard.
(4)
Gardens.
(a)
Gardens for raising flowers and shrubbery and trees for personal
enjoyment, and not for resale, are permitted in any district and may
extend into the required front, side and rear yards.
(b)
Gardens for raising foodstuffs for personal consumption, and
not for resale, are permitted in any district and may extend into
the required yard areas.
D.
Clear sight triangle. On any corner lot, no structure, fence, wall,
hedge or other planting shall be erected or allowed to grow or be
placed or maintained in such a manner as to interfere with the clear
sight triangle at any intersection.
