[Amended 12-29-1982; 11-10-1983 by Ord. No. 59-F]
For the purposes of this chapter, the Township
is hereby divided into the following districts:
|
District
|
Symbol
| |
|---|---|---|
|
Rural districts
| ||
|
Forest District
|
F
| |
|
Agricultural District
|
A
| |
|
Open Space Recreation Conservation District
[Added 5-18-2000 by Ord. No. O-00-02; amended 9-7-2006 by Ord. No. O-06-15] |
OSR
| |
|
Rural Residential District
|
RR
| |
|
Residential districts
| ||
|
Single-Family Residential District
|
R-1
| |
|
Two-Family Residential District
|
R-2
| |
|
Multifamily Residential District
|
R-3
| |
|
Village District
|
V
| |
|
Mobile Home Park District
|
MHP
| |
|
Planned Residential Development District
|
PRD
| |
|
Commercial districts
| ||
|
Residential-Office District
[Added 10-9-1986 by Ord. No. 59-K] |
R-O
| |
|
General Commercial District
|
C-1
| |
|
Gateway Commercial District
[Added 5-18-2000 by Ord. No. O-00-02; amended 9-7-2006 by Ord. No. O-06-15] |
GWC
| |
|
Office Commercial District
|
C-2
| |
|
Planned Research and Business Park District
[Added 12-27-1990 by Ord. No. 0-90-09] |
PRBD
| |
|
Medical Campus District
[Added 2-5-2009 by Ord. No. O-09-01] |
MC
| |
|
Industrial districts
| ||
|
General Industrial District
|
I-1
| |
|
University Planned District
[Amended 9-7-2006 by Ord. No. O-06-15] |
UPD
| |
All territory which may hereafter be annexed
by the Township shall be automatically included in the district which
most nearly corresponds to the zoning classification of the land at
the time of annexation, unless otherwise specified in the ordinance
of annexation.
The boundaries of the districts into which this
Township is divided shall be shown upon a map entitled the "Official
Zoning Map of the Township of College." The said map and all notations,
references and other data shown thereon are hereby incorporated by
reference into this chapter as if the same were fully described herein.[1]
A.
Adoption of the Official Zoning Map. The Official Zoning Map shall be identified by the signatures of the Township Council, attested by the Township Secretary, under the following words: "This is to certify that this is the Official Zoning Map of the Township of College referred to in Article III, § 200-10, of Ordinance No. 59 of the Township of College, Centre County, Pennsylvania," together with the date of enactment of this chapter. The map shall be kept on file with the Township Zoning Officer and shall be the final authority as to the current zoning status of land and water areas in the Township.
B.
Changes in the Official Zoning Map. If, in accordance
with the provisions of this chapter, changes are made in district
boundaries or other matter portrayed on the Official Zoning Map, such
changes shall be entered promptly on said map. All changes shall be
certified by initialing of the Council, together with a brief description
of the changes and the date of enactment of such changes, under the
word "Revised." No amendment to this chapter which involves matter
portrayed on the Official Zoning Map shall become effective until
after such change and entry has been shown on said map.[2]
[2]
Editor's Note: A Table of Zoning Map Amendments is included as an attachment to this chapter.
C.
Replacement of the Official Zoning Map.
(1)
In the event that the Official Zoning Map becomes
damaged, lost or difficult to interpret because of the nature or number
of changes, the Council may, by resolution, adopt a new Official Zoning
Map which shall supersede the previous map. The new Official Zoning
Map shall be identified by the signatures of the Township Council,
attested by the Township Secretary, under the following words: "This
is to certify that this Official Zoning Map supersedes and replaces
the Official Zoning Map adopted September 8, 1 977, as part of Ordinance
No. 59 of the Township of College, Centre County, Pennsylvania," together
with the date of adoption of the resolution.
(2)
Unless the previous Official Zoning Map has been lost
or has been totally destroyed, the previous map or any significant
parts thereof remaining shall be preserved, together with all available
records pertaining to its adoption or amendment.
D.
District boundary lines. The district boundary lines
shall be shown on the Official Zoning Map. Where uncertainty exists
as to the boundaries of districts, the following rules shall apply:
(1)
Boundaries indicated as approximately following the
center lines of streets, highways or alleys shall be construed as
following such center lines.
(2)
Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following Township
limits shall be construed as following such Township limits.
(4)
Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracks.
(5)
Boundaries indicated as following shorelines shall
be construed to follow such shorelines, and in the event of change
in the shoreline, shall be construed as moving with the actual shoreline;
boundaries indicated as approximately following the center lines of
streams or other bodies of water shall be construed to follow such
center lines, and in the event the stream or other body of water moves,
the boundary shall move with the center line of such.
(8)
Where one or more municipal or district boundary lines
divide a lot held in single ownership, the regulations of one of the
districts on either side of any such boundary line may be chosen by
the owner to apply to the portion of such lot in the district on the
other side of such line for a distance of not more than 50 feet beyond
the district boundary line. This section shall not apply to those
lots which contain a district boundary line of the Open Space Recreation
Conservation District. In such instances, the regulations of the Open
Space Recreation Conservation District shall apply for the area as
indicated on the Zoning Map.[3]
[Amended 2-3-2005 by Ord. No. O-05-05; 5-15-2014 by Ord. No.
O-14-06]
[3]
Editor's Note: Former Subsection D(9), concerning
parcels of land zoned UR which adjoin lands of a neighboring municipality
whose lands are zoned UPD, added 5-2-2002 by Ord. No. O-02-03, which
immediately followed this subsection, was repealed 2-3-2005 by Ord.
No. O-05-03.
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
The use of land and structures shall be limited to only the primary and accessory uses permitted in each zoning district, unless specifically permitted, exempted or otherwise modified by this or other sections of this chapter. All other uses not expressly permitted are prohibited. In addition to the regulations stipulated for each use in Articles IV through VIII, the following use regulations shall apply:
A.
Accessory uses. All accessory structures, except where
otherwise permitted by this chapter, shall comply with the lot, yard
setback and maximum height requirements for the primary use to which
such structure is accessory. Accessory uses and structures may include
but are not limited to the following:
(1)
A single-family detached dwelling may include a one-bedroom, attached or detached accessory dwelling unit, as defined in § 200-7, provided that the landowner is a resident of either the principal or accessory dwelling unit. If the landowner is absent from the principal or accessory dwelling unit for longer than a three-month period, he/she may rent either the principal or accessory dwelling, but the other unit cannot be rented during his/her absence. Any lease in existence on either dwelling may continue, but in no case shall any lease continue beyond its current term after the landowner's absence.
[Amended 11-14-1985 by Ord. No. 59-J; 3-11-1993 by Ord. No.
O-93-02; 4-6-2000 by Ord. No. O-00-01; 3-19-2009 by Ord. No.
O-09-02]
(b)
The accessory dwelling unit shall not exceed 25% of the finished
gross living area of the principal dwelling.
(c)
An accessory dwelling unit will not be permitted unless the finished
gross living area of the primary dwelling is at least 1,500 square
feet.
(d)
One additional off-street parking space shall be required for the accessory dwelling unit in addition to that required for the principal dwelling unit, in accordance with the requirements of § 200-38B.
[Amended 12-20-2012 by Ord. No. O-12-13]
(e)
Nonconforming dwellings shall be protected and permitted to continue
as long as they remain otherwise lawful, including subsequent sales
of the property.
(f)
The maximum occupancy of a single-family detached dwelling including
an accessory dwelling unit, as defined in this section, is three unrelated
persons living as a family unit.
(2)
All commercial buildings permitted in the V, C-1,
and C-2 Districts may include one dwelling unit. For buildings with
multiple commercial tenants, this provision shall be construed to
mean one dwelling unit per tenant space.
[Amended 11-10-1983 by Ord. No. 59-F; 4-6-2000 by Ord. No.
O-00-01; 8-21-2008 by Ord. No. O-08-07]
(3)
Industrial uses may include retail sales provided
that:
[Amended 2-12-1981 by Ord. No. 75; 3-11-1993 by Ord. No.
O-93-02; 5-17-2001 by Ord. No. O-01-03]
(a)
Retail sales are only permitted as an accessory use to any of the primary uses listed in § 200-28B of the General Industrial Zoning District.
(b)
Products offered for sale are expressly limited
to products produced on site or those offered for wholesale distribution.
(c)
Retail sales area size: buildings less than
or equal to 20,000 square feet, gross floor area (GFA), maximum size
of retail sales not to exceed 20% of the GFA; buildings greater than
20,000 square feet GFA, maximum size of retail sales area not to exceed
4,000 square feet, plus 10% of the GFA greater than 20,000 square
feet.
(d)
Retail customers are limited to the retail sales
area only.
(4)
Swimming pools are permitted as accessory structures
in any district, provided that outdoor pools capable of containing
water 18 inches or more in depth shall meet the following requirements:
(a)
No swimming pool may be located in any front
or side yard setback area, but it may be located in the rear yard
setback area, provided that no part of the pool, excluding paved areas,
accessory structures and fencing, shall be located within 20 feet
of the rear property line.
(b)
All outdoor swimming pools below ground level
shall be completely surrounded by a fence or wall not less than four
feet in height, which shall be so constructed as not to have openings,
holes or gaps larger than four inches in more than one direction.
Should the wall of the pool be above ground, the required fence or
wall may be securely affixed to the top of the pool wall so that the
total height of the wall of the pool and the fence or wall shall be
not less than four feet.
[Amended 1-8-1987 by Ord. No. 100]
(c)
All gates or doors opening through such required
fence or wall shall be equipped with a self-latching device capable
of being locked for keeping the gate or door securely closed at all
times when not in use. Any access ladder or step used in connection
with the aboveground type of swimming pool shall be removed from the
pool when the same is not in use or is unattended, or it shall be
locked in an upright position or otherwise secured to prevent access
to the pool.
[Amended 1-8-1987 by Ord. No. 100]
(d)
Lights used to illuminate any swimming pool
shall be so arranged and shaded as to reflect the light away from
the adjoining premises so as not to become a nuisance or source of
annoyance to adjacent property owners.
[Amended 1-8-1987 by Ord. No. 100]
(5)
Two abutting property owners may erect a common accessory
structure across or abutting upon a common lot line in the rear yard
setback area, provided that such property owners supply the Zoning
Officer with a written agreement for the erection of such a structure
with the application for the zoning permit.
(6)
Small accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in the side and rear yard setback areas, provided that they are not placed closer than five feet to any lot line. Said building shall not be used for an automobile garage. See also §§ 200-13K and 200-33.
[Amended 11-17-2005 by Ord. No. O-05-18]
(7)
Small wind energy facilities. One or more wind turbines
are permitted as part of a small wind energy facility as an accessory
use if the following conditions are met:
[Added 10-18-2007 by Ord. No. O-07-14]
(a)
The property on which a wind turbine is proposed
to be located must have a permitted primary use which would be drawing
electricity from said wind turbine.
(b)
The property must be at least one acre in size.
(c)
All properties shall be permitted to have one
wind turbine. Nonresidential properties shall be permitted to have
one additional wind turbine if the property is 35 acres or larger
in size.
(d)
Wind turbines are expressly prohibited in the
Forest Zoning District above elevation 1,400 feet as shown on United
States Geological Survey topographic quadrangle mapping.
(f)
All wind turbines shall be setback from property
lines 1.5 times the turbine height and at least 250 feet from the
nearest occupied building on an adjacent property at the time of turbine
installation.
(g)
Noise.
[1]
Audible sound from a small wind energy facility
shall not exceed 45 dBA, as measured at the exterior of any occupied
building on a nonparticipating landowner's property.
[2]
Methods for measuring and reporting acoustic
emissions from wind turbines and the small wind energy facility shall
be equal to or exceed the minimum standards for precision described
in AWEA Standard 2.1 – 1989 titled "Procedures for the Measurement
and Reporting of Acoustic Emissions from wind turbine Generation Systems,
Volume I: First Tier." The municipality may grant a partial waiver
of such standards where it has determined that literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question and provided that such waiver will not be
contrary to the public interest.
[3]
In the event the ambient noise level (exclusive
of the development in question) exceeds the applicable standard given
above, the applicable standard shall be adjusted so as to equal the
ambient noise level. The ambient noise level shall be expressed in
terms of the highest whole number sound pressure level in dBA, which
is succeeded for more than five minutes per hour. Ambient noise levels
shall be measured at the exterior of potentially affected nonparticipating
landowners' occupied building(s). Ambient noise level measurement
techniques shall employ all practical means of reducing the effect
of wind-generated noise at the microphone. Ambient noise level measurements
may be performed when wind velocities at the proposed project site
are sufficient to allow wind turbine operation, provided that the
wind velocity does not exceed 30 mph at the ambient noise measurement
location.
[4]
Any noise level falling between two whole decibels
shall be the lower of the two.
(h)
Shadow flicker on adjoining properties shall
be minimized to the greatest extent possible by positioning the wind
turbine(s) on site in a location which would minimize or eliminate
the shadow from falling on an adjoining property or at least any occupied
building on said property.
(i)
Wind turbines height shall be limited as follows:
|
Lot Size
(acres)
|
Turbine Height
(feet)
| |
|---|---|---|
|
1 to 1.99
|
35
| |
|
2 to 2.99
|
40
| |
|
3 to 3.99
|
45
| |
|
4 to 4.99
|
50
| |
|
5 to 9.99
|
55
| |
|
10 to 14.99
|
65
| |
|
15 to 19.99
|
85
| |
|
20+
|
125
|
(j)
Decommissioning.
[1]
A small wind energy facility that is out of
service for a continuous twelve-month period will be deemed to have
been abandoned. The Building Inspector may issue a notice of abandonment
to the owner of a small wind energy system that is deemed to have
been abandoned. The owner shall have the right to respond to the notice
of abandonment within 30 days from notice receipt date. The Building
Inspector shall withdraw the notice of abandonment and notify the
owner that the notice has been withdrawn if the owner provides information
that demonstrates the small wind energy system has not been abandoned.
[2]
If the small wind energy facility is determined
to be abandoned, the owner of a small wind energy system shall remove
the wind generator and the tower at the owner's sole expense within
three months of receipt of notice of abandonment. If the owner fails
to remove the wind generator from the tower, the Zoning Officer may
pursue a legal action to have the wind generator removed at the owner's
expense.
(8)
Outdoor furnaces. One outdoor furnace shall be permitted
through the procedures contained herein, given that they meet the
following requirements:
[Added 10-16-2008 by Ord. No. O-08-09]
(a)
Fuel substances.
[1]
Permitted. Combustion of the following fuel
substances shall be permitted in outdoor furnaces: natural gas, propane,
heating oil, coal, firewood, untreated lumber, wood pellets or any
other fuel included within manufacturer's guidelines, given that the
fuel is not specifically prohibited below.
[2]
Prohibited. Combustion of the following fuel
substances is strictly prohibited: industrial waste, rubber, plastics,
used motor oil, toxic chemicals, contaminated waste, yard waste, household
garbage, cardboard and wastepaper, animal waste and any material prohibited
for combustion by federal or state statute.
(b)
Months of operation. Outdoor furnaces shall
be operated only between the months of and including September through
May with the exception existing furnaces.
(c)
Permitted zoning districts. Outdoor furnaces
shall be permitted to be located only in the Forest (F), Rural Residential
(RR) and Agricultural (A) Zoning Districts.
(d)
Minimum lot size. Outdoor furnaces shall be
permitted only on lots of three acres in size or greater.
(e)
Setbacks. Outdoor furnaces shall be set back
no less than 200 feet from the nearest lot lines.
(f)
Vegetation. An area not less than 20 feet in
any direction around the outdoor furnace shall be kept free of any
vegetation, with the exception of grass no higher than four inches
in height.
(g)
Installation and use. Outdoor furnaces shall
be installed and used in accordance with manufacturer’s installation
and operating instructions, including proximity to the structure being
heated.
(h)
Spark arrestors. All outdoor furnaces shall
be equipped with properly functioning spark arrestors if required
by the manufacturer.
(i)
Stack or chimney height. The outdoor furnace
shall have a chimney that extends at least 15 feet above the ground
surface. If there are any residences within 500 feet of the outdoor
furnace, the chimney shall also extend to an elevation at least two
feet above the roof peak of all such residences. This requirement
excludes the structure(s) to which the outdoor furnace supplies heat
to.
(j)
Emission standards. All outdoor furnaces, both
existing and any future installed units, shall meet current emission
standards required by the Environmental Protection Agency (EPA) or
the Department of Environmental Protection (DEP) for existing furnaces
or those standards required by the EPA or DEP at the time of installation
of any units in the future.
(k)
Existing furnaces. Any outdoor furnace in existence upon adoption of this Subsection A(8) shall be permitted to remain, provided that the owner applies for and receives a zoning permit as required by § 200-49 within one year of the effective date of this Subsection A(8). The provisions of § 200-11A(8)(a) shall apply immediately to existing outdoor furnaces. If an owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this Subsection A(8), the outdoor furnace shall be removed.
(l)
Suspension of permit. A permit issued for an
outdoor furnace may be suspended by the College Township Zoning Officer
if it is determined to be necessary to protect the public health,
safety and welfare of the residents of College Township if any of
the following conditions occur:
[1]
Failure to meet applicable emissions standards
as set forth by DEP and EPA;
[2]
Malodorous air contaminants from the outdoor
furnace are detectable outside the property lines of the person on
whose land the outdoor furnace is located;
[3]
The emissions from the outdoor furnace interfere
with the reasonable enjoyment of life or property of other residents;
[4]
The emissions from the outdoor furnace cause
damage to vegetation or property (including property where the furnace
is located);
[5]
The emissions from the outdoor furnace are or
may be harmful to human or animal health; or
[6]
Use of a prohibited fuel substance.
(m)
Reinstatement of permit. A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of the Zoning Ordinance and subject to penalties as provided for in § 200-52.
(9)
Solar energy systems as an accessory use. All lots containing a primary
permitted use in all zoning districts shall be permitted to install
and maintain a solar energy system to provide some, if not all, of
the primary use's energy needs with the following regulations.
[Added 8-18-2016 by Ord.
No. O-16-04]
(a)
Applicability. A solar energy system shall be considered an
accessory use under the following conditions.
[1]
The solar energy system's capacity is such that it supplements
some, if not all, of the primary use's energy needs.
[2]
Large developments or institutions may utilize a solar energy
system as an accessory use given that its design capacity is such
that it is designed to supplement the development's or institution's
energy needs.
[3]
Interconnection of the solar energy system into the utility
grid shall not disqualify a system from being an accessory use given
that the interconnection is only utilized periodically and the system
can be defined as a customer-generator under 52 Pa. Code § 75.1
of the Pennsylvania Code.
(b)
Location.
[1]
Building-mounted solar energy systems shall be permitted in
any zoning district when located on any portion of an accessory or
primary structure.
[2]
Ground-mounted solar energy systems shall be permitted in any
zoning district on a lot with a primary use located on it with the
following additional restrictions.
[a]
Ground-mounted solar energy systems shall not be
permitted within the front yard of any lot except as noted below.
For the purposes of this subsection, the front yard shall be considered
the area between the front of a building and the street(s).
[i]
Solar energy systems installed above a parking lot may be permitted in the front yard pursuant to § 200-11A(9)(k).
[ii]
Ground-mounted solar energy systems may be permitted
in the front yard if they are screened from view from the public right-of-way
and/or adjoining property owners.
[b]
When located within the University Planned District
(UPD), ground-mounted solar energy systems shall be located only in
the subdistricts that permit utility uses, facilities and structures.
The exception to this shall be a ground-mounted solar energy system
that is minimal in size and designed to only provide energy to a particular
device or structure that is adjacent to the system.
[c]
In the Medical Campus District (MC), ground-mounted
solar energy systems may be located within the designated open space
area provided that the solar collector surface area does not exceed
more than 33% of the open space area.
(c)
Height.
[1]
For a building-mounted solar energy system installed on a sloped
roof that faces an adjacent right-of-way, the solar energy system
shall be installed at any angle to the roof on which it is installed
given that the maximum distance between the roof and highest edge
of the system shall not exceed 18 inches as measured perpendicular
to the roof.
[2]
For a building-mounted solar energy system installed on a sloped
roof other than that which faces an adjacent right-of-way, the solar
energy system shall be installed at any angle given that the highest
point of the system shall not exceed the highest point of the roof
to which it is attached.
[3]
For a building-mounted solar energy system installed on a flat
roof, the highest point of the system shall not be greater than six
feet above the roof to which it is attached.
[4]
The maximum height of ground-mounted solar energy systems as
measured to the highest point of the system shall be as follows:
[a]
Not to exceed 20 feet when located within a commercial or industrial zoning district as defined in § 200-10.
[c]
Not to exceed 10 feet when located within a residential zoning district as defined in § 200-10. The maximum height may be extended to 12 feet if the rear or side yard consists of topographic constraints, environmentally sensitive features such as topographic constraints, existing vegetation, wetlands and/or floodplains which limit the amount of land available for a ground-mounted solar energy system necessitating the need for a taller system.
(d)
Setbacks.
[1]
Building-mounted solar energy systems shall not extend beyond
the edge of the roof, wall or other surface that they are located
on. In addition, solar energy systems located on roofs of primary
structures shall maintain at least a thirty-inch-wide pathway on at
least three sides of the solar energy system except on flat roofs
in which case all four sides of the system must have a thirty-inch-wide
pathway. In the event a sloped roof has two roof planes that meet
forming "hips" or "valleys," the 30 inches shall be measured between
the solar energy systems located on each roof plane. The thirty-inch
requirement shall not apply to nonhabitable accessory structures such
as garages, car ports, sheds and the like. If the thirty-inch pathway
is limiting the effective size of the solar energy system, then the
College Township Zoning Officer may direct the applicant for such
a system to have the Centre Region Fire Director determine whether
a width other than 30 inches is permissible and will not jeopardize
firefighter safety in the event of an emergency.
[2]
Ground-mounted solar energy systems shall be located at a distance
equal to the building setbacks established by the zoning district
the system is located in or a distance equal to one times the height
of the solar energy system, whichever is greater. If the ground-mounted
solar energy system is six feet in height or less and the total solar
collector area is less than 144 square feet, the setbacks for the
ground-mounted solar energy system may be reduced to five feet.
(e)
Lot coverage. The horizontal area projected by the solar energy
system in addition to all impervious surfaces shall not exceed the
maximum lot coverage as established by the zoning district in which
it is located. For a tracking solar collector or other moveable solar
energy system, the horizontal projection area shall be calculated
at a thirty-three-degree tilt angle.
(f)
Screening and visibility. All solar energy system appurtenances,
such as, but not limited to, water tanks, supports, plumbing and electrical
lines, shall be painted and/or coated a color similar to the surface
upon which they are mounted or otherwise designed to be as inconspicuous
as possible.
(g)
Battery. When a solar energy system utilizes a battery system
as part of the solar energy system, said battery(ies) must be placed
in a secure, locked container or enclosure.
(h)
Glare. Glare or glint from a solar energy system shall be regulated
as follows:
[1]
It shall be the responsibility of the applicant to demonstrate
to the Township that the proposed solar energy system will be installed
in a manner to limit to the greatest extent possible any glare or
glint from the solar energy system.
[2]
The latest version of the Solar Glare Hazard Analysis Tool (SGHAT)
or an acceptable equivalent may be used to demonstrate to the Township
the amount, location and timing that glare may be projected onto a
habitable structure located on an adjacent property or on an adjacent
right-of-way.
[3]
If it is determined that a solar energy system will project
glare or glint onto a habitable structure located on an adjacent property
or roadway, the Township may require one or more of the following
methods to limit glint or glare:
[a]
Modification of the placement of the solar energy
system in terms of location, angle of tilt, and/or azimuth angle of
the solar collector(s);
[b]
Placement of landscaping or other physical object
to limit the projection of glare or glint;
[c]
Utilization of antireflective (AR) glass on the
solar energy system; and/or
[d]
Utilization of glass with a light-diffusing texture
on the front surface.
[4]
Any ground-mounted or building-mounted solar energy system whose area of the solar collector surface is greater than 1/2 acre shall perform a solar glare analysis pursuant to § 200-11AA(10).
(i)
Building-integrated solar energy systems. The solar energy systems regulations herein shall not apply to those systems that are defined as building-integrated solar energy systems given that they do not make the structure that they are part of nonconforming with any other zoning regulations contained herein. In addition, such a solar energy system does not need to be removed, as required in § 200-11A(9)(m).
[Amended 8-16-2018 by Ord. No. O-18-05]
(j)
Self-contained solar energy systems. Solar energy systems located
on a light fixture, sign or other similar device shall be permitted
wherever such device is located with the following regulations:
(k)
Parking lots and structures. Solar energy systems placed in
parking lots shall be designed and installed as follows:
[1]
The solar energy systems shall be of a minimum height sufficient
to allow access for motor vehicles to park underneath them. If the
solar energy system is placed over a drive aisle within the parking
lot then the minimum clearance below the lowest point of the solar
energy system shall be 14 feet.
[2]
The solar energy systems placed over a parking area may exceed
the maximum height restriction for ground-mounted solar energy systems
given that the system not exceed the height of the primary use for
which the parking area serves.
[3]
A solar energy system located over the top level of a multilevel
parking structure shall be permitted provided it does not exceed a
maximum height of 20 feet as measured from the driving surface of
the top level of the parking structure to the highest point of the
solar energy system.
[4]
Parking islands required within parking bays and its accompanying
landscaping shall not be required for those parking bays covered by
a solar energy system. Raised parking islands shall still be required
at each end of a parking bay.
(l)
(m)
Violations.
[1]
The Township reserves the right to inspect a solar energy system
for building or zoning code compliance and safety.
[2]
If upon inspection the Township determines that a zoning or
building code violation exists, or that the system otherwise poses
a safety hazard to persons or property, the Township may order the
property owner to repair or remove the system within a reasonable
time. Such an order shall be in writing, shall offer the option to
repair, shall specify the code violation or safety hazard found and
shall notify the property owner of his or her right to appeal such
determination.
[3]
If a property owner fails to remedy the building or zoning code
violation or fails to remove or repair the solar energy system and
any appeal rights under Article X-A of the Municipalities Planning
Code have been exhausted, the Township may penalize the landowner
in accordance §§ 616.1, 617 and 617.2 of the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10616.1, 10617
and 10617.2, respectively.
(10)
Appurtenances. All appurtenances located in a commercial zoning district as defined by § 200-8, Districts established, and located in a direct view of a public street or adjacent to a residential property line, and which are greater than 25 feet from the primary structure shall be regulated by this section. Only appurtenances that are greater than 16 square feet in area and more than four feet in height shall have the following regulations.
[Added 4-4-2019 by Ord. No. O-19-01]
(11)
The keeping of backyard chickens shall be permitted as an accessory
use to an established residential use provided the following conditions
are met. The residential use is located within one of the following
zoning districts: Single Family (R-1); Village Center (V); Rural Residential
(RR); Agricultural (AG).
[Added 2-18-2021 by Ord. No. O-21-02]
(a)
Applicability. The restrictions contained herein regarding backyard
chickens shall not apply to those lots 10 acres or greater in size
which are located in a district where agricultural uses are a permitted
use.
(b)
Yard setbacks.
[1]
Any chicken coop or chicken run shall not be permitted within
the side or front yards of a lot.
[2]
No chicken coop or chicken run shall be permitted within 10
feet from the property lot line.
[3]
The chicken coop or chicken run shall be no closer than 30 feet
to an existing occupied building.
[4]
The chicken coop or chicken run shall be placed so that it is
closer to the owner's occupied building than that of an adjoining
property owner's occupied building.
[5]
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 is located.
(c)
Number of chickens. No more than four chicken hens shall be
kept per lot.
(d)
Chicken hens shall be kept for personal use only. No person
shall engage in chicken breeding or fertilizer production for commercial
purposes. A rooster shall only be kept in College Township on tracts
of land which are at least 10 acres in size and are zoned for agricultural
uses.
(e)
Chicken coops and runs.
[1]
All chicken hens 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.
[2]
The minimum coop size shall be three square feet per chicken.
[3]
A chicken run is permitted when attached to the coop.
[4]
If a chicken run is provided, it shall be no bigger than 10
square feet per chicken and shall be enclosed in a way that contains
the chickens.
[5]
Coops and chicken runs shall be maintained with a neat, weed-free
and other-debris-free appearance.
[6]
Coops shall be on a slab or built at least a foot off the ground
so that rodents and other animals cannot dig and live under the coop.
[7]
If a coop and chicken run are no longer used for the three-year
permit period, the coop and outside run must be removed from the property.
[8]
Coops and chicken run shall be screened from the view at ground
level from adjacent lots by using fencing, landscaping or a combination
thereof.
(f)
Administration and enforcement. All violations of the provisions noted above as well as requirement for obtaining a permit for the keeping of chicken hens shall be in accordance with Article X, Administration and Enforcement, of this chapter. The Township and/or health inspectors may, at any time during normal business hours, enter and inspect said property for compliance of the College Township Code to ensure the health, safety, morals, and general welfare of the Township and its residents.
(g)
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-ways, thoroughfares, sidewalks,
passageways, play areas, parks, streets, alleys, or public highways
or any place where people congregate or walk, or upon any public or
private property without an approved coop and run in College Township.
Any chicken not contained within an approved coop or run shall be
deemed "at large" with the following regulations:
[1]
Owners of chickens deemed to be at-large shall be subject to fines established in Chapter 136 of the College Township Code.
[2]
College Township shall at its discretion deem (a) chicken(s)
at-large abandoned and take possession of said chicken(s) if it has
no tags, bands or other marking providing information to determine
its owner or owners. At-large chickens found where the owner cannot
be identified will be placed at the discretion of the Township.
(h)
Sanitary requirements for housing chickens. Any owner or owners
of chickens within the limits of the municipality shall be required
to house the same at all times under sanitary conditions so that the
keeping of chickens shall not become either a public or private nuisance.
The following provisions apply.
[1]
All chicken feces collected in a pan should be removed daily.
[2]
Litter-floored coops (two to three inches of pine shavings on
the floor) should be cleaned every four to six weeks.
[3]
All chicken feces accumulated on private property shall be removed
by using the approved sanitary method of double bagging and placed
in the trash for collection unless composted as provided for below.
[a]
Chicken feces on private property shall not be
allowed to accumulate to the degree that it becomes a public health
nuisance or hazard. In cases where chicken feces accumulates on private
property, the Ordinance Enforcement Officer and/or Local Health Department
or their designee may conduct an investigation, after which the accumulation
may be declared a public health hazard or nuisance and the owner shall
be ordered to remove and dispose of the accumulated feces in an approved
manner. The order to remove such accumulated feces shall be given
personally to the owner or shall be sent by registered mail, and the
owner shall be given a period of 48 hours from the date and time of
receipt of the order to clean the property and remove the accumulated
feces.
[b]
All stored manure shall be covered by a fully enclosed
container or compost bin. No more than one twenty-gallon container
of manure shall be stored on any one property housing chickens.
[4]
Composting. It shall be unlawful for any person to spread or
cause to be spread or deposited upon any ground or premises within
College 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 or yards.
[5]
Slaughtering or butchering. Slaughtering or butchering of chickens
shall be strictly prohibited.
[6]
Proper storage of feed. All feed, water, and other items associated
with the keeping of chickens shall be protected in a way that prevents
infestation by rats, mice, or other rodents or vectors. In order to
prevent rodents, feed shall be stored in metal containers. Failure
to keep all feed, water, and other items associated with the keeping
of backyard chickens in a clean and sanitary condition constitutes
a violation of this subsection. Chicken hens shall have access to
feed and water at all times.
(i)
Noise.
[1]
It shall be unlawful for any owner or keeper to harbor any chicken which clucks, squawks or otherwise make audible sounds repetitively during any given one-hour period, or which makes such noise continuously for a period of 15 consecutive minutes or more, and which is audible on any adjacent property or public right-of-way. (Refer to § 93-5C(3) of the College Township Code.)
[2]
Upon the first and second offenses, the chicken owner or keeper
shall be given written warning notices by personal service or certified
mail, return receipt requested. It shall be a condition precedent
to any enforcement proceeding to show that two written warnings were
issued to the chicken owner or keeper within the previous twelve-month
period.
(j)
Applications for permits, license and submission documents.
[1]
A zoning permit fee shall be required. A zoning permit and site
plan shall be submitted and approved prior to the keeping of backyard
chickens on any property mentioned herein.
[2]
The license shall be renewed on or before January 1 of the third year the permit is in place if the homeowner chooses to continue housing backyard chickens. Any changes made shall be updated on the required site plan, reviewed by the zoning officer and approved prior to the issuance of a new license. The cost of the license is set forth in Chapter A203 of the College Township Code.
[3]
Permitting and licensing requirements.
[a]
Complete an application for building permit.
[i]
Declared work. At minimum, describe proposed keeping of chickens
and declare number of chickens.
[ii]
Provide contact information of the person in-charge
and license billing. (Name, address, phone, and email.)
[iv]
License fee shall be due prior to release of the permit. (See § 200-11A(11)(j)[2].) License shall be renewed every three years. Applicant may, at the Township's discretion, have the fee waived, if proof can be shown the applicant attended and completed an educational course on the keeping of chickens.
[b]
Site plan.
[i]
Must represent deeded property lines.
[ii]
Show location of proposed coop and run area.
[iii]
Show setbacks from property lines and adjoining
property owners' occupied structures.
[iv]
Show location(s) and define the type of required ground-level screening. (See § 200-11A(11)(e)[8].)
[v]
At minimum, provide the size/height/area of the
proposed coop and run.
(k)
Upon presentation of proper credentials, duly authorized representatives
of the Township may enter, at reasonable times, upon any property
within the Township to inspect the condition of the permitted structures
and facilities in regard to any aspect regulated by this chapter.
(l)
Enforcement; violations and penalties.
[1]
The Ordinance Enforcement Officer or any other sworn officers
of the Township of College and/or any police officer empowered to
enforce the laws of the Commonwealth of Pennsylvania within the jurisdictional
boundaries of the Township of College shall hereby be authorized to
enforce the provisions of this chapter.
[2]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof before a Magisterial District Judge, be subject
to a civil fine as set forth in the schedule below plus all costs
of prosecution, including court costs and reasonable attorney fees
incurred by the municipality in accordance with Section 1601(c) of
the Second Class Township Code, as amended November 9, 1995 (Public
Law 350, No. 60), as amended. The range of fines shall be as follows:
B.
Airports and landing strips. All airports and landing
strips shall be designed and constructed in accordance with standards
of the Federal Aviation Agency.
E.
Child and adult day-care centers. The use of structures and/or land
defined as "child or adult day-care centers" shall be regulated as
follows, in addition to their underlying zoning district regulations.
[Amended 12-18-2008 by Ord. No. O-08-12; 2-18-2016 by Ord. No. O-16-02]
(1)
Vehicular access. Child and adult day-care centers shall be located only on lots with direct access for motor vehicles onto collector or arterial streets, as classified in Chapter 177, Streets and Sidewalks, in the following districts:
(2)
Lots over five acres. Those lots utilized for places of assembly
that are over five acres in size either in whole or among multiple
lots under common ownership shall have the following additional regulations.
(a)
The floor area ratio (FAR) of all primary and accessory structures
shall not exceed 0.12 in the Single-Family Residential (R-1) and Two-Family
Residential (R-2) Zoning Districts.
(b)
Side and rear yard setbacks shall be increased to 100 feet from
side and rear property lines in the Single-Family Residential (R-1)
and Two-Family Residential Zoning Districts.
(3)
All child day-care centers (not including adult day-care centers)
shall have an outdoor play area of sufficient size for the children
under care at such a facility to be taken outside, as required by
the commonwealth. Outdoor play areas shall be designed as follows:
(a)
The outdoor play area shall be completely enclosed by a fence
or wall of sufficient strength and durability to safely keep children
inside the play area;
(b)
Such play areas shall not be placed in front, or side yard setback
areas;
(c)
Fixed recreational structures shall not be placed in any building
setback area; and
(4)
A certificate from the appropriate state agency showing conformance
with all state regulations regarding child or adult day-care centers
shall be provided at time of application.
(5)
Child and adult day-care centers shall demonstrate to Council or
to its designee's satisfaction that loading/unloading of persons shall
occur in a manner that is safe and does not conflict with neighboring
uses.
F.
Places of assembly. The use of structures and/or land
defined as “places of assembly” shall be regulated as
follows in addition to their underlying zoning district regulations:
[Amended 7-15-2010 by Ord. No. O-10-04]
(1)
Vehicular access. Places of assembly shall be located only on lots with direct access for motor vehicles onto collector or arterial Streets as classified in Chapter 177, Streets and Sidewalks, in the following districts:
(2)
Lots
over five acres. Those lots utilized for places of assembly which
are over five acres in size either in whole or among multiple lots
under common ownership shall have the following additional regulations:
(a)
The floor area ratio (FAR) of all primary and accessory structures
shall not exceed the following:
|
Zoning District
|
FAR
| |
|---|---|---|
|
Agricultural (A)
|
0.1
| |
|
Rural Residential (RR)
|
0.1
| |
|
Single-Family Residential (R-1)
|
0.12
| |
|
Two-Family Residential (R-2)
|
0.12
| |
|
All other zoning districts
|
None
|
(b)
Side and rear yard setbacks shall be increased to 100 feet from side
and rear property lines except in the R-O Residential Office, C-1
General Commercial, C-2 Office Commercial and GC Gateway Commercial
Districts.
(3)
Commercial
places of assembly. Those places of assembly operating on a membership
basis for the promotion of business interests (such as union halls,
business associations) and those facilities in which the primary purpose
is to provide space to outside organizations and/or individuals (such
as assembly halls, conference facilities) shall be permitted to do
so only in the R-O Residential Office, C-1, General Commercial, C-2
Office Commercial and GC Gateway Commercial Districts.
(4)
Sewer
service area. Places of assembly in the Agricultural (A) and Rural
Residential (RR) Districts shall only be permitted within the portions
of those districts that are within the sewer service area as established
by the Act 537 Sewage Facilities Plan,[4] as amended.
[4]
Editor's Note: See 35 P.S. § 750.1.
(5)
Recreation
structures and facilities. Places of assembly shall be permitted to
erect and maintain recreation facilities as follows:
(a)
All facilities shall be placed outside of all building setbacks as
applied to the place of assembly.
(b)
Off-street parking shall be provided for the recreational facility
in addition to that required for the place of assembly.
(c)
Recreation structures and facilities shall be located on the same
lot as the place of assembly unless permitted in its respective district
as a permitted use.
(d)
The gross floor area of any indoor recreation facility and/or any structure associated with an outdoor recreation facility shall be included in the floor area limitations as noted above in § 200-11F(2).
(6)
Child
day-care centers. Places of assembly shall be permitted to operate
child day-care centers as follows:
(a)
All child day-care centers and their accessory uses shall utilize
the building setbacks that apply to the place of assembly at which
they are located.
(b)
Off-street parking shall be provided for the child day-care facility
in addition to that required for the place of assembly.
(c)
The child day-care center and its accessory uses shall be located
on the same lot as the place of assembly unless otherwise permitted
in its respective district as a permitted use.
(d)
The gross floor area of the child day-care center shall be included in the floor area limitations as noted above in § 200-11F(2).
G.
Neighborhood food stores. In addition to the district
regulations specified, all neighborhood food stores shall meet the
following requirements:
[Amended 3-11-1993 by Ord. No. O-93-02; 6-23-1994 by Ord. No. O-94-03; 3-19-2009 by Ord. No. O-09-02]
(1)
No neighborhood food store shall have gross floor
area exceeding 2,500 square feet.
(2)
Except for driveways and walkways, all yards shall
have a continuous buffer yard extending 10 feet in depth from the
front lot line and 25 feet in depth from the side and rear lot lines.
The buffer yard shall be planted with a vegetative ground cover and
maintained and shall also include a continuous, sight-obscuring evergreen
hedge or shrubs planted parallel to the lot line. Such hedge or shrubs
shall reach a height of at least six feet at maturity, unless adjacent
to a street, in which case such hedge or shrubs shall not exceed 2
1/2 feet in height.
(3)
All sales and display shall be within completely enclosed
buildings, and there shall be no display or storage of any material
outside such buildings. No public address systems or other devices
for reproducing or amplifying voices or music shall be mounted outside
such buildings or be audible beyond any lot line on which the building
is situated.
(4)
The neighborhood food store may include one dwelling
unit.
(5)
Sales
of additional products, when clearly incidental and subordinate to
the retailing of food and beverages, may include nonprescription drugs,
housewares, periodicals and tobacco.
(6)
The
sale of gasoline and oil and of food and beverages for consumption
on the premises and video rentals is expressly prohibited.
H.
Attached dwelling units. In addition to the district
regulations specified, no building used for attached dwelling units
shall exceed 200 feet in length.
I.
Manure storage. In addition to the district regulations
specified, the storage of hydrated manure in bulk shall not be permitted
within 150 feet of any lot line.
J.
Golf courses, pitch-putt golf courses and driving
ranges. In addition to the district regulations specified, all golf
courses, pitch-putt golf courses and driving ranges shall meet the
following applicable regulations:
(1)
No golfing green or fairway shall be closer than 100
feet to any lot line.
(2)
Golfing tees and greens for the same hole may not
be separated by a public street.
(3)
Driving ranges shall have screens or fences of a height
and location sufficient to prevent golf balls from landing on the
property of another.
(4)
Miniature golf courses are exempt from this section.
[Added 3-11-1993 by Ord. No. O-93-02]
K.
Home occupations.
[Amended 2-23-1984 by Ord. No. 59-G; 3-11-1993 by Ord. No.
O-93-02; 12-21-2000 by Ord. No. O-00-05]
(1)
Home occupations will be allowed that do not create
objectionable noise, glare, smoke, odor, vibration, electrical interference,
fire hazards or cause other hazards or nuisances.
(2)
Home occupations that generate more than six vehicle
trips per hour will not be allowed in any residential neighborhoods.
(3)
The home occupation shall be carried on only by members
of the immediate family residing in the dwelling unit, plus not more
than one full-time additional employee, or equivalent, working on
site.
(4)
The home occupation shall be carried on only within
the primary dwelling or accessory structure, provided that an area
of not more than 25% of the gross floor area of the dwelling is devoted
to the home occupation. [Area of primary dwelling (total square feet)
x 25% = allowable area of home occupation, whether it is in the primary
dwelling or in an accessory structure.]
[Amended 3-2-2006 by Ord. No. O-06-07]
(5)
Supplies and materials. No more than two monthly deliveries
by vehicles of 10,000 pounds or greater shall be required by the home
occupation.
(6)
Articles sold or offered for sale on the premises
shall be limited to those produced on the premises.
(7)
There shall be no use of show windows, displays or advertising visible outside the premises to attract customers or clients, other than signs permitted in Article VIII, and there shall be no exterior storage of materials or product(s). Materials or product(s) for personal use that may be construed as part of the home occupation shall also be stored in accordance with this chapter.
[Amended 3-2-2006 by Ord. No. O-06-07]
(8)
Business vehicles parked at the home occupation premises
must be the primary means of transportation for the business operator.
(9)
Parking must be provided for the residential dwelling
and one additional space for the home occupation. The home occupation
shall not create parking congestion in the neighborhood in which it
is located.
(10)
Employees who are working off-site shall not
park their personal vehicles at, or within the neighborhood of, the
residence where the home occupation is located.
(11)
Signs for the home occupation shall be limited to the requirements of Chapter 170, Signs.
[Amended 8-16-2007 by Ord. No. O-07-03; 8-16-2018 by Ord. No. O-18-05]
(12)
Only one home occupation shall be permitted
per dwelling unit.
(13)
All child day-care homes shall also conform
to the following:
(a)
All criteria as outlined in the Pennsylvania
State Regulations, Department of Welfare, Chapter 3290, Family Child
Day-Care Homes, as amended.
(b)
Driveway accesses must accommodate at least
two vehicles for day-care home patrons. On-street parking (if permitted)
may satisfy this requirement.
(c)
The home occupation business operator must install
safety measures on the home occupation property to guard against identified
unsafe conditions existing on the home occupation property and/or
on adjacent properties. Such unsafe conditions shall include but not
be limited to streams, ponds, swimming pools, slopes in excess of
25%, collector and arterial roads, commercial and industrial land
uses, stormwater management facilities and known sinkholes/depressions.
These safety measures shall include fencing or other permanent restrictive
barriers.
(d)
Day-care homes shall have a safe, completely
fenced outdoor play space with a minimum space of 600 square feet.
L.
Mining and quarrying. In addition to the district
regulations specified, all mining and quarrying activity shall meet
the following regulations:[5]
(1)
No surface mining shall be conducted closer than 100 feet to any public right-of-way or within 300 feet of any residential district included in Article V of this chapter.
(2)
Stockpiles of excavated materials shall not be located
closer than 50 feet to the lot line, and all reasonable precaution
shall be taken to prevent any material or waste deposited upon any
stockpile from being transferred off the premises by wind, water or
other natural cause.
(3)
All drainage from the site shall be controlled by
dikes, barriers or drainage structures sufficient to prevent any silt,
debris or other loose materials from filling any drainage course or
encroaching on public streets or adjacent property.
(4)
All existing mining and quarrying shall comply with
the regulations of this subsection within one year of enactment of
this chapter.
M.
Public and private nurseries, kindergartens, elementary
and secondary schools. Public and private nurseries, kindergartens,
elementary and secondary schools shall locate in districts where they
are permitted uses only when adjacent to the following street classifications:
[Amended 7-15-2010 by Ord. No. O-10-04]
(1)
Vehicular access. Public and private nurseries, kindergartens, elementary and secondary schools shall be located in the zoning districts where they are permitted on lots with direct access for motor vehicles onto collector or arterial streets as classified in Chapter 177, Streets and Sidewalks, in the following districts:
(2)
Lots
over five acres. Those lots utilized for public and private nurseries,
kindergartens, elementary and/or secondary schools shall have the
following additional regulations:
(a)
The floor area ratio (FAR) of all primary and accessory structures
shall not exceed the following:
|
Zoning District
|
FAR
| |
|---|---|---|
|
Agricultural (A)
|
0.1
| |
|
Rural Residential (RR)
|
0.1
| |
|
Single-Family Residential (R-1)
|
0.12
| |
|
Two-Family Residential (R-2)
|
0.12
| |
|
All other zoning districts
|
None
|
(b)
Side and rear yard setbacks shall be increased to 100 feet from side
and rear property lines.
(3)
Sewer
service area. Public and private nurseries, kindergartens, elementary
and secondary schools in the Agricultural (A) and Rural Residential
(RR) Districts shall only be permitted within the portions of those
districts within the sewer service area as established by the Act
537 Sewage Facilities Plan[6] as amended.
[6]
Editor's Note: See 35 P.S. § 750.1.
(4)
Recreation
structures and facilities. Public and private nurseries, kindergartens,
elementary and secondary schools shall be permitted to erect and maintain
recreation facilities as follows:
(a)
All facilities shall be placed outside of all building setbacks as
applied to the place of assembly.
(b)
Off-street parking shall be provided for the recreational facility
in addition to that required for the place of assembly.
(c)
Recreation structures and facilities shall be located on the same
lot as the place of assembly unless permitted in its respective district
as a permitted use.
(d)
The gross floor area of any indoor recreation facility and/or any structure associated with an outdoor recreation facility shall be included in the floor area limitations as noted above in § 200-11M(2).
(5)
Child
day-care centers. Public and private nurseries, kindergartens, elementary
and secondary schools shall be permitted to operate child day-care
centers as follows:
(a)
All child day-care centers and their accessory uses shall utilize
the building setbacks that apply to the place of assembly at which
they are located.
(b)
Off-street parking shall be provided for the child day-care facility
in addition to that required for the place of assembly.
(c)
The child day-care center and its accessory uses shall be located
on the same lot as the place of assembly unless otherwise permitted
in its respective district as a permitted use.
(d)
The gross floor area of the child day-care center shall be included in the floor area limitations as noted above in § 200-11M(2).
N.
Group homes.
[Added 6-13-1985 by Ord. No. 59-H; amended 5-18-2017 by Ord. No. O-17-01]
O.
Uses omitted and prohibited. This chapter is intended
to apply to all conceivable uses and structures. If there is any doubt
as to the classification of a particular use or structure under this
chapter, the Zoning Officer shall interpret the chapter by determining
the district in which the use or structure shall be permitted and
the lot, yard setback, height and other regulations which shall apply
to the particular use or structure. Under no circumstances, however,
shall the following uses be permitted in any district in the Township:
(1)
Any dumping, depositing or filling with refuse, garbage
or building debris not in accordance with state regulations or this
chapter.
(2)
The removal of topsoil and sod, except as part of
the construction, grading or alteration of an approved building, street,
construction site or other structure, the normal preparation and maintenance
of lawns, mining and quarrying or the removal of sod as part of a
recognized farm or garden use.
P.
Artists, artisan and craftsman. Permitted owner-occupied
artists, artisan and craftsman studios and facilities for the design,
production and execution of arts and crafts shall conform to the following
regulations:
[Added 3-11-1993 by Ord. No. O-93-02]
(1)
The owner-occupied use shall be carried on only by
the residing property owner and limited to no more than 10 employees
including immediate family residing in the dwelling unit.
(2)
No repetitive servicing by truck for supplies and
materials shall be required by the owner-occupied use.
(3)
Articles sold or offered for sale shall be limited
to those produced on the premises.
(4)
There shall be no use of show windows or displays or advertising visible outside the premises to attract customers or clients other than signs permitted in Article VIII, and there shall be no exterior storage of materials.
(5)
All design, production and execution of arts and crafts
shall be performed in a completely enclosed structure(s).
(6)
No exterior alterations, additions or changes to the
residential character of the dwelling unit shall be permitted in order
to accommodate or facilitate an owner-occupied use.
(7)
One off-street parking space shall be provided for
each employee in addition to the required two off-street parking spaces
for the residence.
(8)
The use shall not create objectionable noise, glare,
smoke, odor, vibration, electrical interference, fire hazard, substantially
increased traffic or other hazard or nuisance.
(9)
The use shall have a minimum lot size of 7.5 acres.
R.
Bed-and-breakfast establishments. In addition to the
underlying district regulations specified, all bed and breakfast establishments,
either homes or inns, shall meet the following requirements:
(1)
The owner of the facility must physically reside on
site during all periods that the facility is open to the public and
that guests are housed.
(2)
The building and parking area shall be located and
maintained in a manner compatible with the general character of the
surrounding neighborhood. Exterior alterations, additions or changes
to the dwelling unit in order to accommodate or facilitate a bed and
breakfast establishment shall retain the residential character of
the dwelling unit and the surrounding neighborhood.
(3)
One accessory structure may be used to provide for
additional guestrooms in a bed and breakfast inn, provided that the
size of the property on which the establishment is to be located is
greater than three acres. A bed and breakfast home shall be limited
to rooms within the single-family detached unit.
(4)
One off-street parking space shall be provided for
each guestroom in addition to any other required parking. All such
parking shall be unobtrusive. Parking within the Agricultural District
and Rural Residential District shall be located and/or landscaped
in a manner such that it is screened from the view of adjacent properties.
On-street guest parking shall not be permitted in any district.
(5)
Signage shall not be permitted for bed and breakfast homes. Signage for bed and breakfast inns shall be consistent with the requirements set forth in Chapter 170, Signs, for the appropriate zoning district and use.
(6)
No outdoor storage shall be permitted other than that
which would be permitted under existing zoning.
(7)
Meals for compensation shall be provided only to guests
of the bed and breakfast establishment. No cooking or kitchen facilities
shall be permitted in any of the guestroom units.
(8)
The length of stay per guest shall be limited to seven
consecutive days and 21 total days in any twelve-month period.
(9)
In order to ensure compliance with all aforementioned
criteria, the applicant shall be required to submit a general site
plan and obtain a zoning permit prior to receiving guests for compensation.
(10)
Permits required for the establishment and operation
of a bed and breakfast shall not be transferred upon the sale of the
subject property; neither shall such permits be transferred from one
location to another by the same owner.
S.
Gaming establishments. In addition to all other zoning,
subdivision and land development regulations specified within the
College Township Code, all gaming establishments shall meet the following
additional regulations:
[Added 2-16-2006 by Ord. No. O-06-05]
(1)
General requirements.
(a)
All storage and displays shall be located within
the building.
(b)
All business transactions on the premises shall
be conducted within the building.
(c)
All new construction shall be consistent with
the scale and architectural styles of the buildings surrounding the
site proposed for a gaming establishment.
(2)
Locational requirements. No gaming establishment shall
be located within 1,000 feet of the following:
(3)
Landscaping and buffering. All gaming establishments
shall apply the following landscaping and buffering requirements in
addition to those required elsewhere in this chapter as follows:
(b)
All boundaries of a lot in which a gaming establishment
is sited shall be buffered from adjoining property owners. Buffer
yards shall consist of small deciduous trees, deciduous canopy trees
and evergreen and deciduous shrubs. The developer shall plant and
maintain the following number of plants per 100 linear feet of buffer
yard based upon the width of the proposed buffer yard.
|
Required Plants per 100 Linear Feet
| ||||
|---|---|---|---|---|
|
Thirty-Foot Buffer Yard
|
Twenty-Five-
Foot Buffer Yard
|
Twenty-foot Buffer Yard
|
Fifteen-Foot Buffer Yard
| |
|
Canopy trees
|
1.8
|
2.4
|
3
|
2.7
|
|
Understory trees*
|
3.6
|
4.8
|
6
|
5.4
|
|
Shrubs
|
5.4
|
7.2
|
9
|
8.1
|
|
Fence
|
None
|
None
|
None
|
Required
|
|
NOTES:
|
|---|
|
* An evergreen tree of similar size and height
may be substituted in place of the understory tree.
|
(c)
The buffer yard width may vary as long as the
average width for the entire buffer is the same as that required and
the intent of the buffer for mitigating noise, dust and visual affects
is not abrogated.
(d)
Minimum plant size shall be as specified:
|
Plant Type
|
Minimum Size
|
|---|---|
|
Deciduous canopy tree
|
2 to 2 1/2 inch caliper
|
|
Understory tree
|
6 feet in height, 1 1/2 inch caliper
|
|
Evergreen and deciduous shrubs
|
18 inches in height at planting & 4 feet
at maturity
|
(e)
The fence(s) shall be six-feet high, decorative
in nature and at least 50% opaque.
T.
Animal kennels. In addition to the underlying district
regulations specified, all animal kennels shall be landscaped as follows:
[Added 4-20-2006 by Ord. No. O-06-11]
(1)
Animal kennels with one to 10 kennels for dogs shall be required to landscape the entire perimeter of site including outdoor areas for animals with the exception of areas for driveways, or pedestrian access with a buffer yard C pursuant to § 200-36 of this chapter.
(2)
Animal kennels with 11 or more kennels for dogs shall
be required in addition to the above landscaping requirement to provide
a raised berm approximately three feet to four feet in height on which
the required landscaping for the buffer yard requirements shall sit.
Slope of the berm shall range between 5% and 20% with the optimal
slope being 10%.
(3)
Council may waive the perimeter landscaping requirements
for any side of the perimeter landscaping that is more than 1,000
feet from an existing residential dwelling from which the side(s)
faces.
U.
Automobile service stations. In addition to the underlying
district regulations specified herein, all automobile service stations
shall have the following requirements:
[Added 12-7-2006 by Ord. No. O-06-14]
(1)
Shopping centers. Automobile service stations proposed
for development within a shopping center shall be permitted following
these regulations and those for conditional use as set forth in Chapter
88, Conditional Uses for Sale of Gasoline in Shopping Centers.
(2)
Vehicle access. Automobile service stations shall
provide vehicle access to their development as follows:
(a)
Number of.
[1]
Arterial streets. One driveway shall be permitted
for every 300 feet of street frontage or fraction thereof along an
arterial street.
[2]
Other streets. With the exception of arterials,
access to automobile service stations shall be limited to one driveway
per 50 feet of street frontage with no more than two access points
on said street.
[3]
Lots which do not conform to the minimum width
requirements above for number of driveways shall provide access to
the automobile service station via a common driveway with an adjacent
property to minimize access points onto a public street.
[4]
The College Township Council may require the
number of permitted vehicle access points to be reduced if it determines
this reduction will increase safety.
(b)
Distance to nearest intersection.
[1]
A driveway for an automobile service station
accessing an arterial street shall be no closer than 300 feet to that
of an intersection with another public street, private street or driveway
with the exception of those driveways which limit access to only emergency,
municipal or public utility vehicles.
[2]
A driveway for an automobile service station
accessing a collector street shall be no closer than 100 feet to that
of an intersection with another public street, private street or driveway
with the exception of those driveways which limit access to only emergency,
municipal or public utility vehicles.
[3]
A driveway for an automobile service station
accessing a local street shall be no closer than 50 feet to that of
an intersection with another public street, private street or driveway
with the exception of those driveways which limit access to only emergency,
municipal or public utility vehicles.
(c)
Shared access. If the automobile service station
is proposed as part of a larger commercial/office development comprising
more than one type of land use or structure other than a shopping
center, then the development shall be served by an internal road that
is separated from the main roadway as follows:
[1]
All access to the automobile service station
shall be internalized using an internal roadway.
[2]
Access to and from the automobile service station
shall be provided by defined driveways from the internal access roadway
with a minimum of 50 feet between access points to the internal access
roadway.
[3]
The internal circulation within the development
shall be designed to avoid excessive queuing across parking aisles.
(d)
Exceptions.
[1]
The College Township Council may permit lesser
distances prescribed above or require greater distances prescribed
above to create safer ingress/egress if one of the following conditions
is applicable to the development in question. However, in any case,
the exception shall not permit additional driveways for an automobile
service station:
[a]
Sight distances from access points into the automobile service station are unsatisfactory, in which case a modification to the distances prescribed in § 200-11U(2)(b) will create a safer point of access; or
[b]
A driveway or street intersects
on the opposite side of the street from the automobile service station,
in which case access to and from the proposed automobile service station
should be aligned with the aforementioned driveway or street.
[2]
In cases of access to state roads where Pennsylvania
Department of Transportation requires a curb return radius for a driveway
that is greater than that which was approved and would create a separation
distance between driveways and/or intersections that is less than
what is permitted above, the College Township Council or its designee
may permit the developer to design and construct the driveway to Pennsylvania
Department of Transportation’s requirements as long as it is
determined that this will not create an unsafe point of access and
the only change is that of the radii of the curb return.
(3)
Landscaping. Automobile service stations shall provide
landscaping and buffering as follows:
(a)
The entire perimeter of the paved portion of the automobile service station with the exception of driveways shall be considered a parking lot and landscaped as such pursuant to § 200-36G.
(b)
A buffer yard A pursuant to § 200-36 shall be required around all sides of the automobile service station where a buffer yard is not already required. No buffer yard is required along the street frontage, and the buffer yard shall be in addition to the required parking lot perimeter landscaping.
(4)
Vehicle repair and storage. The dismantling and repairing of motor
vehicles shall be performed within a completely enclosed building,
and all dismantled motor vehicles and parts thereof shall be stored
within such buildings.
[Added 2-20-2014 by Ord. No. O-14-01]
(5)
Setbacks. Fuel pumps and their associated canopy may be located within the building front yard setback area, provided that such are at least 30 feet from the right-of-way or outside of the setback required for parking lots pursuant to § 200-38B(2) or 200-38.2E, whichever is greater.
[Added 2-20-2014 by Ord. No. O-14-01]
V.
Storage tank systems. In addition to local, state and federal regulations, aboveground and underground storage tanks, as defined in Chapter 82, Building and Construction Code, installed after the date of adoption of this subsection shall have the following additional requirements:
[Added 12-7-2006 by Ord. No. O-06-20]
(1)
Prohibited locations. Aboveground and underground
storage tanks shall be located no closer than:
(a)
One thousand feet to a wellhead of the College
Township Water Authority, State College Borough Water Authority, Pennsylvania
State University, or any other public water systems.
(b)
Five hundred feet to a natural body of water.
For the purposes of this subsection, natural bodies of water shall
be those identified as streams, lakes or ponds on the Official College
Township Zoning Map.
(c)
Five hundred feet to a wetland. For the purposes
of this subsection, a wetland shall be those defined and classified
as such by the National Wetland Inventory by the U.S. Fish and Wildlife
Service with the following exceptions:
[1]
In cases where wetlands have been filled in
after the creation of said inventory, there shall be no need to provide
for the five-hundred-foot buffer between an automobile service station
and a wetland; or
[2]
In cases where wetlands have been partially
filled in after the creation of said inventory, the five-hundred-foot
distance shall be measured from the edge of the portion of the wetland(s)
remaining.
(d)
Two hundred fifty feet to Nolin Soils. For the
purposes of this subsection, Nolin Soils shall be those established
as such by the Centre County Soil Survey unless the Nolin Soils have
been developed upon or removed from the site prior to the adoption
of this subsection. In cases where a portion of the Nolin Soils still
remains even after development, the two-hundred-fifty-foot buffer
distance shall be measured from the edge of the remaining Nolin Soils.
(2)
Physical barriers. Physical barriers with a minimum
height of 30 inches and capable of resisting a horizontal force of
12,000 pounds anywhere on its surface and in any direction. The physical
barrier shall be placed around each outdoor aboveground storage tank
and the portions of underground storage tanks which extend above the
ground.
(3)
Dispensing areas. All dispensing areas for the dispensing
of regulated substances shall have the following requirements:
(a)
Perimeter drains or other types of stormwater
inlets and collection systems shall be required which will convey
the runoff from the entire fuel dispensing area to a collection area
where the runoff can be treated through the use of an oil-water separator
prior to discharge to the environment. All oil-water separators shall
be regularly maintained, including, but not limited to, emptying,
removing sediment and refilling with water to ensure they are not
full of oil and can work properly.
(b)
The "fuel dispensing area" is defined as extending
6.5 feet from the corner of each fuel dispenser or the length at which
the hose and nozzle assembly may be operated, plus one foot, whichever
is greater. The paving around the fuel dispensing area may exceed
the minimum dimensions of the fuel dispensing area stated above.
(c)
The fuel dispensing area must be covered, and
the cover’s minimum dimensions must be equal to or greater than
the area of the fuel dispensing area, as defined above. The cover
must not drain onto the fuel dispensing area.
(4)
Spill kits. Storage tanks systems which dispense the
substance stored in it in dispensing areas as defined above shall
have spill kits with the following minimum requirements:
(a)
Spill kits shall include, but are not limited
to, an absorbent product capable of neutralizing and absorbing the
regulated substance stored within the storage tanks.
(b)
Spill kits shall also include a method of disposal
of the spilled substance.
(c)
Spill kits shall be placed in a conspicuous
location. In instances where there is more than one dispenser in the
dispensing area, there shall be one spill kit for every six dispensers.
(5)
Existing storage tank systems. Aboveground and underground
storage tank systems in place prior to the adoption of this subsection
shall be permitted to be replaced if the following conditions have
been met:
(a)
The volume of the replacement storage tank system(s)
is not expanded by more than 50% of the capacity of the existing storage
tank system(s) being replaced. This expansion may happen numerous
times as long as the cumulative total of increased capacity does not
increase by more than 50% of the original capacity at the time of
adoption of this subsection.
(b)
The primary use for the property, structure
or use of the land is permitted within the zoning district.
(6)
Exemptions. The following storage tank systems and/or their uses shall be exempt from § 200-11V(1):
(a)
Storage tanks for emergency generators located
at facilities owned and/or operated by:
[1]
Local, county, state or federal government.
[2]
Municipal authority as established under the
Municipality Authorities Act (53 Pa C.S.A. § 5601 et seq.).
[3]
Hospitals, medical centers, nursing homes and
other similar facilities providing emergency or medical care on site
which would be hampered by the prohibition of storage tanks for emergency
generators.
(b)
Storage tanks owned and operated by the same
entity as that which owns and operates a public water system shall
be permitted to be located within 1,000 feet of its own well.
W.
Model homes.
[Added 7-5-2007 by Ord. No. O-07-12]
(1)
Model homes in residential districts. Model homes
shall be permitted in any zoning district where single-family homes
are permitted but shall have the following additional regulations:
(a)
One model home shall be permitted per subdivision
or residential development.
(b)
The model home shall be constructed for eventual
occupancy as a residence within the subdivision, including meeting
all Township code requirements. During the time period the building
serves as a model home, it shall not be used as an office unrelated
to the subdivision for which it is a model home.
(c)
The maximum period of time for which a model
home use may be maintained shall be predicated on a ratio of one year
in use for every 10 homes the relevant subdivision is to contain.
(d)
The model home may be installed within any section
of the subdivision, and it may be moved to different sites within
the subdivision, provided that each different site proposed satisfies
any and all applicable zoning, subdivision and building code requirements.
(f)
The minimum number of residential lots needed
to qualify a subdivision for a model home is 20.
(2)
Model homes in commercial districts. Zoning districts
other than a residential district where model homes are a permitted
use shall be regulated as follows:
(a)
Model homes must be a freestanding establishment
located in a structure of 5,000 square feet or greater of habitable/usable
space.
(b)
Model homes must be designed and operated to
be staffed at all times during standard business hours.
(c)
Model homes shall be designed in a manner that
it can be incorporated into another commercial use, including being
designed and constructed to all building codes applicable to commercial
facilities as well as American with Disabilities Act (ADA) accessibility
guidelines for the entire structure.
X.
Residential dwelling units shall be permitted to be
located above nonresidential uses in the Gateway Commercial (GWC)
and Village (V) Zoning Districts with the following regulations:
[Added 8-21-2008 by Ord. No. O-08-07]
(1)
The lot and yard requirements for buildings which
have residential and nonresidential uses located within them shall
be based on said requirements for the corresponding nonresidential
uses as specified in the building’s respective zoning district.
Y.
Limited
utility facilities. The distribution/transmission systems for a utility
defined as “limited utility facility” shall be permitted
in all zoning districts within the Township.
[Added 12-3-2009 by Ord. No. O-09-17]
Z.
Occupancy of residential dwelling units. The number of residents
residing in a dwelling unit in any zoning district shall be regulated
as follows:
[Added 6-16-2011 by Ord. No. O-11-02]
(1)
No more than one family or three unrelated individuals may reside
in any given dwelling unit.
(2)
The maximum occupancy of unrelated individuals within any given dwelling
unit in the Planned Residential Development District (PRD) may be
increased from three unrelated individuals to five unrelated individuals
as follows:
(a)
The maximum occupancy of a dwelling shall not exceed five unrelated
individuals or exceed one unrelated individual per bedroom, whichever
is more restrictive.
(b)
If the maximum occupancy of a dwelling is to exceed three unrelated
individuals, then the occupancy of each dwelling unit shall be stated
and approved by Council on the tentative and final PRD plans.
(c)
The maximum occupancy of a dwelling unit may be permitted to
exceed three unrelated individuals in a planned residential development
approved prior to this ordinance[10] if the previously approved tentative and final PRD plans are amended and approved by Council pursuant to Chapter 145, Planned Residential Development.
[10]
Editor's Note: "This ordinance" refers to Ord. No. O-11-02,
adopted 6-16-2011.
(3)
The occupancy restrictions above shall not apply to permitted group-living
facilities such as group homes, halfway houses/rehabilitation centers,
nursing homes, and convalescent homes.
AA.
Solar energy systems as a primary use. In addition to the district
regulations specified, the development of a lot or lots for the sole
purpose of generating energy from a solar energy system to be utilized
off site shall have the following additional regulations.
[Added 8-18-2016 by Ord.
No. O-16-04]
(1)
Location. Principal solar energy systems may only be located
where it is listed as a permitted primary use in a particular zoning
district.
(2)
Height. Principal solar energy systems may be permitted to exceed
the height listed in its respective zoning district to the minimum
extent necessary for their safe and efficient operation.
(3)
Setbacks. No portion of a principal solar energy system shall
be located within the building setbacks as required by the principal
solar energy system's respective district, or 1 1/2 times the
height of the structure, whichever is greater.
(4)
Lot coverage. The horizontal area projected by the solar energy
system in addition to all impervious surfaces shall not exceed the
maximum lot coverage as established by the zoning district in which
it is located. For a tracking solar collector or other moveable solar
energy system, the horizontal projection area shall be calculated
at a thirty-three-degree tilt angle.
(5)
Battery. When a solar energy system utilizes a battery system
as part of the solar energy system, said battery(ies) must be placed
in a secure, locked container or enclosure.
(6)
Screening and visibility. A solar energy system developed as a primary use shall be screened from view from an adjacent public right-of-way with a buffer yard "D" pursuant to § 200-36E.
(7)
Warning signage. The manufacturer's or installer's identification
including contact information and appropriate warning signage shall
be posted at the site in a clearly visible manner.
(8)
Fencing. Solar energy systems as a primary use shall be enclosed
by perimeter fencing of an appropriate height to restrict unauthorized
access.
(9)
Power lines. To the greatest extent possible, on-site power
lines shall be placed underground.
(10)
Glare. Solar energy systems shall be designed and installed
in a manner as to not project any glare or glint onto any adjoining
property or roadway as follows.
(a)
A glare and glint study shall be performed and provided to the
Township demonstrating compliance with this subsection. As part of
the study, the applicant shall initially meet with Township officials
to determine which observation points should be utilized.
(b)
The latest version of the Solar Glare Hazard Analysis Tool (SGHAT)
or an acceptable equivalent shall be used to determine that the solar
energy system will have no ocular impact or low potential for temporary
after-image ocular impact for no more than a half hour in any given
day.
(c)
The applicant shall make any necessary design changes if solar
glare or glint will project onto a habitable structure located on
any adjoining properties or roadway.
(d)
Any applicable design changes after initial submittal shall
be reanalyzed with the report submitted to the Township for its review.
(11)
Procedure. All applications for a solar energy system as a primary use shall be reviewed and approved pursuant to the plan review procedures of Chapter 180, Subdivision of Land.
(12)
Removal.
(a)
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, it shall be considered
abandoned and therefore removed including all equipment, devices and
other appurtenances associated with the solar energy system.
(b)
Upon determining that a solar energy system has been abandoned,
the Zoning Officer shall issue a notice of abandonment to the property
owner noting that the solar energy system is deemed to have been abandoned.
The owner shall have the right to respond to the notice of abandonment
within 30 days of receipt of said notice.
(c)
If the solar energy system including all equipment, devices,
and other associated appurtenances is not removed, repaired or otherwise
remains abandoned within three months of receipt of the notice of
abandonment, the Zoning Officer may pursue legal action to have the
solar energy system removed at the owner's expense.
(13)
Violations.
(a)
The Township reserves the right to inspect a solar energy system
for building or zoning code compliance and safety.
(b)
If upon inspection the Township determines that a zoning or
building code violation exists, or that the system otherwise poses
a safety hazard to persons or property, the Township may order the
property owner to repair or remove the system within a reasonable
time. Such an order shall be in writing, shall offer the option to
repair, shall specify the code violation or safety hazard found and
shall notify the property owner of his or her right to appeal such
determination.
(c)
If a property owner fails to remedy the building or zoning code
violation or fails to remove or repair the solar energy system and
any appeal rights under Article X-A of the Municipalities Planning
Code have been exhausted, the Township may penalize the landowner
in accordance §§ 616.1, 617 and 617.2 of the Municipalities
Planning Code.[11]
[11]
Editor's Note: See 53 P.S. §§ 10616.1, 10617
and 10617.2, respectively.
[Amended 11-10-1983 by Ord. No. 59-F; 8-16-2007 by Ord. No. O-07-10; 3-19-2009 by Ord. No. O-09-02; 6-20-2013 by Ord. No. O-13-01]
The use of land or structure(s) shall be permitted upon lots
meeting the minimum lot requirements established within the zoning
regulations and within this section. For those lots which include
more than one use or structure, the minimum lot requirements shall
be complied with for each individual use or structure.
A.
Minimum lot size and width. All lots created after the effective
date of this chapter shall be no less than the minimum lot size and
width requirements stipulated for each use in the zoning district
regulations or as noted below:
(1)
Minimum lot size and width for single-family houses in the rural districts may be reduced in accordance with § 200-38.1, Rural preservation design standards.
(2)
Minimum lot size and width for uses proposed within a planned residential development shall be designed in accordance with the standards set forth in Chapter 145, Planned Residential Development.
(3)
For
those lots in zoning districts that specify a minimum lot width at
the building setback line in addition to that at the street line,
the following shall apply: The lot width at building setback line
shall be measured at a distance equal to that specified for the minimum
front yard setback as measured from the front lot line.
[Amended 11-20-2014 by Ord. No. O-14-12]
(4)
Minimum lot size for lots which have two or more dwelling units as defined herein located on them shall be calculated as the minimum lot size required by the zoning district regulations multiplied times the number of proposed units. The acreage for determining the number of single-family houses to be built on a lot shall be exclusive of required parkland/open space, stormwater management facilities and/or rights-of-way for public or private streets as defined herein. Stormwater management facilities shall include that which is defined under § 175-14B plus any area included within an easement around such facility. This requirement shall not apply within those zoning districts that do not specifically require a minimum lot size per dwelling unit or building.
[Amended 11-20-2014 by Ord. No. O-14-12; 9-15-2016 by Ord. No. O-16-05]
B.
Maximum lot coverage. The total ground floor area of all buildings
and impervious surfaces, as applicable, shall not exceed the percent
of coverage of the lot specified for the use in the district regulations.
C.
Lot lines. All lots shall have front, side and rear lot lines based
on the appropriate definition. The required lot width at building
setback line shall be measured at a distance equal to that specified
for the minimum front yard setback. Once lot lines and associated
setbacks are depicted on a site plan, subdivision plan or land development
plan, they shall govern from such point. For atypical lots, the following
shall apply:
(1)
Corner lots. The lot lines abutting each street shall be considered
front lot lines. The remainder of lot lines shall be of the same type
as that of abutting lots.
(2)
Through lots. The front lot line shall be that which is located along
the street right-of-way(s) which provides access to said lot. The
remaining lot lines shall be side lot lines.
(3)
Flag lots. The front lot line shall be both the line directly adjacent
to the street and the lot line of the "flag" portion of the lot which
is closest to the street. The rear lot line shall be that which is
furthest from the street, and the side lot lines shall be those making
up the remainder of lot lines.
(4)
Triangular lot. The front lot line shall be that which directly abuts
the street, with the remainder of lot lines being side lot lines.
(5)
Irregular-shaped lots. The rear and side lot lines shall be determined
at time of subdivision by Township Council upon recommendation from
the Planning Commission or by the Township Zoning Officer at time
of submission of a residential site plan. The lot line determination
shall be based, at a minimum, on the following criteria:
[Amended 11-10-1983 by Ord. No. 59-F; 7-28-1988 by Ord. No. O-88-7; 3-11-1993 by Ord. No. O-93-02; 11-17-2005 by Ord. No. O-05-18; 3-2-2006 by Ord. No. O-06-07; 4-20-2006 by Ord. No. O-06-11; 8-16-2007 by Ord. No. O-07-03; 3-19-2009 by Ord. No. O-09-02]
No structure shall be placed in the front, side, or rear yard setback areas pursuant to the appropriate lot lines as specified in § 200-12C specified for each use in Articles IV and VII of this chapter, except where specifically permitted below or in other sections of this chapter.
A.
Where two or more primary structures are proposed to be placed upon a lot in single ownership, the front, side and rear yard setback areas are required only at lot lines abutting other properties, with the exceptions noted in Subsections B and C below or as may otherwise be regulated within this chapter, Chapter 87, Conditional Uses, or Chapter 145, Planned Residential Development.
[Amended 6-20-2013 by Ord. No. O-13-01]
B.
Where two or more primary structures used for a combination of nonresidential
and residential uses are proposed to be built upon a lot in single
ownership, the front, side and rear yard setback areas are required
as though each structure were on an individual lot.
C.
Where two or more dwelling units are proposed to be placed upon a
lot in single ownership or upon two or more abutting lots under single
ownership, the front, side and rear yard setback areas shall be regulated
as follows:
[Amended 6-20-2013 by Ord. No. O-13-01]
(1)
The front, side and rear yard setback areas stipulated in the district
regulations are required only from the lot lines abutting the property
of another.
(2)
Those dwellings classified as townhouses or multifamily dwellings
located on a lot that abuts a lot(s) owned by another, containing
single-family houses, planned or existing, shall have a side yard
setback equal to that required for the rear yard in the district regulations.
(3)
The minimum horizontal distance between the closest point(s) of any
two buildings located within a lot shall be no less than 40 feet.
This distance may be reduced to 20 feet on no more than two sides
of any given building. Patio houses shall be able to reduce the distance
between buildings on no more than two sides of a given building to
no less than 15 feet in the R-2 Two-Family Residential District and
10 feet in the R-3 Multifamily Residential District.
[Amended 11-20-2014 by Ord. No. O-14-12]
(4)
The minimum horizontal distance between the closest points of a building
with facing walls shall be no less than 20 feet with the exception
of single-family houses, which need not comply with this minimum distance.
[Amended 11-20-2014 by Ord. No. O-14-12]
D.
Where a lot abuts upon a street, including private streets, with
a right-of-way of less than 50 feet in width, the front yard setback
shall be measured from a line parallel to and 25 feet from the center
line of the street cartway.
E.
Fences, hedges and walls are permitted in any yard setback area unless otherwise restricted or prohibited by other provisions of this chapter. (See also § 200-50D, Residential site plan review: Additional site regulations.)
F.
Balconies, bay windows, chimneys and flues, columns, cornices and
eaves, fire escapes, gutters and downspouts, sills, unenclosed porches,
decks, patios, steps and stairs, mechanical/HVAC systems, window wells,
utility meters/panels and Bilco® doors may project into the specified
yard setback areas of a lot, but not more than three feet.
G.
On corner lots, nothing, including structures, fences, walls and
vegetation, shall be erected, placed, planted or allowed to grow in
such a manner as to impede vision between a height of 2 1/2 feet
and 10 feet above the center-line grades of the intersecting streets
and within an area bounded by the street right-of-way lines of such
corner lots and a line joining points on these street right-of-way
lines 25 feet from their intersection.
H.
On a flag lot in which the "pole" portion of the lot is less than
the minimum required at the building setback line, the front yard
setback shall be a line based on the front lot line of the "flag"
extending between both side lot lines.
I.
On a triangular lot, the rear yard setback shall be based off of
a line parallel to the front lot line no less than 10 feet long lying
within the lot and farthest from the front lot line.
J.
Buffer yards. A landscaped yard shall be required between incompatible uses either within the same zoning district and/or between zoning districts. Incompatible uses shall be considered those uses which abut one another but fall within different land use intensity groups as noted below in § 200-13J(2)(a). The purpose of the buffer yard is to create separation and screening to alleviate potential impacts such as noise, dust, lighting glare, heat, traffic, building bulk and height, storage areas and impervious surface areas. Buffer yards shall be regulated as follows:
[Amended 7-15-2010 by Ord. No. O-10-04]
(1)
Buffers shall be required between zoning districts which shall be
provided at the time of development, except where the district boundary
is coterminous with a public street. The following table shall specify
the type of buffer yard required.[1]
[1]
Editor's Note: The Table of Buffer Yards is included as an attachment to this chapter.
(2)
Buffers shall be required between abutting properties in the Forest,
Agricultural, Rural Residential, Single-Family Residential, Two-Family
Residential, Multifamily Residential, Residential-Office Districts
and Gateway Commercial District. The buffer yard type shall be determined
using the method below:
(a)
Step one. Identify the land use classification of the proposed use
and of all existing uses located on separate adjoining lots by referring
to the Land Use Intensity Classification Chart as follows:
[1]
Classification chart.
[Amended 2-18-2016 by Ord. No. O-16-02]
|
Land Use Intensity Classification Chart
| |
|---|---|
|
Group I
| |
|
Agricultural
| |
|
Single-family residential homes
| |
|
Patio homes
| |
|
Stormwater detention basin
| |
|
Public/private outdoor recreational areas
| |
|
Cemeteries
|
|
Group II
| |
|---|---|
|
Residential uses other than those listed in Group I
| |
|
Bed-and-breakfast homes and inns
| |
|
Places of assembly
| |
|
Child and adult day-care centers
| |
|
Public and private nursery, elementary, and secondary schools
|
|
Group III
| |
|---|---|
|
Offices
| |
|
Retail
| |
|
Hotels/motels
| |
|
Eating and drinking establishments
| |
|
Funeral homes/mortuaries
| |
|
Medical offices, hospitals and clinics
| |
|
Radio and television studios
| |
|
Animal hospitals, kennels and veterinary offices
|
|
Group IV
| |
|---|---|
|
All uses not identified in Group I, II or III
|
[2]
If there is a question as to which group a use should be classified
under, the Township Zoning Administrator shall determine the group
based on the most comparable land use to the use listed in the application
for a zoning permit. The use group of vacant land adjacent to the
site is determined by identifying the least intensive use permitted
within the applicable zoning district.
(b)
Step two. Determine the buffer yard type required between uses by referring to the Buffer Yard Table below. Design of the buffer yard type shall follow the provisions set forth in § 200-36E.
|
Required Buffer Yards
| |||||
|---|---|---|---|---|---|
|
Proposed Use
(by group)
| |||||
|
Abutting Use
(by group)
|
I
|
II
|
III
|
IV
| |
|
I
|
NA
|
C
|
D
|
E
| |
|
II
|
NA
|
NA
|
D
|
D
| |
|
III
|
A
|
NA
|
NA
|
C
| |
|
IV
|
B
|
B
|
NA
|
NA
| |
(3)
The landscape material shall be installed at the time of development for the full length of the boundary in accordance with § 200-36, Landscaping, buffering and screening.
(4)
The
buffer yard shall be installed independent of any buffer yard that
may be located in adjoining zoning districts.
K.
Accessory structures. No more than two storage sheds, as qualified by § 200-11A, Accessory uses, per property may be built or placed within the five-foot reduced setback. Wood decks or porches not enclosed or covered are permitted up to 15 feet into the rear yard setback area. The total area within the referenced setback shall be no greater than 240 square feet per single-family home or dwelling unit. That portion of the deck in compliance, within the permitted encroachment area in § 200-13F or out of the setback, shall have no limit on size. See also § 200-33, Outdoor storage.
[Amended 2-20-2014 by Ord. No. O-14-01]
L.
Yard setbacks shown on residential site plans, land development plans
and/or subdivision plans shall govern as depicted on the plans. The
same shall hold true for setbacks shown on a plan which are greater
than required according to this chapter.
No structure shall exceed the height limitations specified for the use in Articles IV through VII, except as allowed below:
A.
Exceptions. The maximum height requirements shall
not apply to the following: barns and silos, belfries, bulkheads,
chimneys, church spires, domes, flagpoles, masts and aerials, monuments,
observation towers, skylights, smokestacks, utility poles and towers,
ventilators, water tanks as accessory to a primary use, and elevator
shafts, provided that they are erected only to such height as is necessary
to accomplish the purpose they are to serve, and provided that they
are not intended for human occupancy as dwellings.
[Amended 7-28-1988 by Ord. No. O-88-7; 9-7-2006 by Ord. No.
O-06-15; 12-3-2009 by Ord. No. O-09-17]
B.
Conditional use permit.[1] The maximum height permitted for a structure may be exceeded pursuant to Chapter 87, Conditional Uses, in the Multifamily Residential Zoning District (R-3).
[Added 8-21-2008 by Ord. No. O-08-06]
[1]
Editor's Note: Former Subsection B, Computation,
amended 3-11-1993 by Ord. No. O-93-02, which immediately followed
this subsection, was repealed 8-8-1997 by Ord. No. O-97-04.
[Added 1-8-1987 by Ord. No. 100; amended 3-11-1993 by Ord. No.
O-93-02]
B.
Fire lanes shall be marked by the following methods:
(1)
By posting signs in such areas, reading "FIRE LANE NO PARKING" and "MINIMUM FINE $XX.XX" (fine set by resolution, see Chapter A203, Fees), in red letters on a white background, of reflective material.
(2)
By painting the words "FIRE LANE NO PARKING" in letters
three feet high on the pavement or roadway surface, with white or
yellow reflective line stripping paint.
