A.
A maximum of one principal use is permitted on one lot, except as specifically permitted by this ordinance, and except for approved multi-tenant commercial and industrial buildings. See § 190-192C.
B.
Every principal building shall post its street number
(if one has been established) in such a prominent place that it can
be clearly viewed from a public street.
[Amended 7-1-2002 by Ord. No. 2002-320]
A.
Frontage required onto improved street.
(1)
Every principal building shall be built upon
a lot with permanent access upon a public street or a private street
that is improved to meet Township standards, including a street right-of-way,
or for which such improvements have been insured by the posting of
a performance guaranty pursuant to the Township Subdivision and Land
Development Ordinance. In the case of townhouses or low-rise/garden
apartments, this requirement may be met by access onto a parking court
which has access onto such street.
(2)
See Article X of the Township Subdivision and Land Development Ordinance regarding required improvements to streets.
(3)
If a pre-existing lawful lot only has access
onto an existing private street that does not meet Township standards
and the improvement of that street is reasonably beyond the control
of the applicant, the lot may be used for a single permitted by right
use, but no new lots shall be created that will not be able to meet
this requirement.
B.
Multiple buildings on a lot. An approved commercial,
institutional, industrial or garden apartment lot may include more
than one principal building. In such case, the minimum front, side
and rear yard requirements shall only apply at lot lines of the property.
In such case, a twenty-five-foot-wide minimum separation distance
shall apply between principal buildings, unless stated otherwise.
Individual buildings or portions of such buildings may be held in
approved condominium ownership, but the lot shall be owned by a single
legal entity.
C.
Multiple occupancy.
(1)
A principal commercial or industrial building
may be occupied by more than one tenant within a similar general type
of use, provided that all requirements of this ordinance are complied
with.
(2)
Each use within a multiuse building shall be
required to apply for separate building and zoning permits through
the required processes.
A.
Height exceptions. The maximum structure height specified
for each district shall not apply to farm silos and associated agricultural
structures, communications towers, amateur radio antenna, water towers,
clock or bell towers, steeples of places of worship, electrical transmission
lines, elevator shafts, windmills, chimneys or other appurtenances
usually required to be and customarily placed above the roof level
and not intended for human occupancy. For these exempted structures,
the maximum height shall be 250 feet above the average surrounding
ground level.
B.
Height and airport approaches. At a minimum, any structure
proposed to have a height of 75 feet or more above average surrounding
ground level shall present sufficient information to the Zoning Officer
to prove that the structure would comply with all applicable federal,
state and Township requirements regarding airport approaches and warning
lights. See the Township Airport Approach Zoning Provisions, which
specifically shall remain in force and which are not repealed by this
ordinance.
C.
Minimum height. No dwelling shall be less than one
story in height, except during a maximum twenty-four-month period
from the date of issuance of the zoning permit. This period may be
extended by the Zoning Hearing Board. This requirement shall not apply
to a dwelling specifically designed to be an "earth-sheltered house"
if such dwelling meets all other requirements of this ordinance and
is approved as a special exception by the Zoning Hearing Board, after
considering compatibility with adjacent uses.
A.
In general.
(1)
No lot, structure or use shall be created or
developed in such a way that it would result in another lot, building
or use not being able to meet the requirements of this ordinance.
This includes, but is not limited to, setback areas, impervious areas
and off-street parking areas.
(2)
Emergency access. All uses and structures shall
have adequate provisions for access by emergency vehicles.
(4)
Accuracy. The applicant is responsible to make
sure that all measurements submitted to the Township are accurate.
B.
Exceptions to minimum lot areas, lot widths and yards.
(2)
Through lots. Any lot having frontage on two
approximately parallel streets (not including an alley) shall provide
a required front yard setback abutting each of these streets.
(3)
Corner lots.
(a)
A setback area equal to the minimum front yard
setback shall be provided along all portions of a corner lot abutting
any public street, except where the applicant proves to the satisfaction
of the Zoning Officer that the provision of a smaller setback of a
different yard for a residential building will conform with the clearly
prevailing yard pattern on numerous existing developed adjoining lots
fronting on the same street.
(b)
If a lot is required to provide front yard setbacks
along two of four lot lines, then the remaining two yards may be side
yards without a rear yard being required.
(4)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural
features, exterior stairways, fire escapes or other required means
of egress, rain leads or chimneys or other similar structures that
do not include space usable by persons may extend or project into
a required yard not more than two feet, except as may be required
under a drainage or utility easement.
(b)
Front, side or rear porches that are covered
by a roof and are not enclosed, and are not raised more than four
feet above the ground level may project from the principal building
into a required yard setback, provided that the porch does not intrude
more than five feet into a required yard and has a maximum width of
10 feet.
(5)
Front yard setback exception.
(a)
In any district within a block containing a
lot proposed for a construction or expansion of a building, where
50% or more of the improved lots on such block frontage currently
have front yards of less depth than is currently required for that
district, and where the clear majority of such lots are already developed,
the average of such existing front setbacks shall establish the minimum
front yard depth for the remainder of the frontage; provided, however,
that an absolute minimum front yard setback of 25 feet shall apply.
(b)
In any district within a block containing a
lot proposed for a construction or expansion of a building, where
90% or more of the lots on such block frontage include existing principal
buildings have front yards of greater depth than is currently required
for that district, and where the clear majority of such lots are already
developed, the average of such existing front setbacks shall establish
the minimum front yard depth for the remainder of the frontage; provided,
however, that the minimum front yard setback shall not be more than
15 feet greater than what would otherwise apply.
(6)
Triangular lots. If a three-sided lot does not
have a rear lot line, then the required rear yard shall be twice as
wide as would otherwise be required and be measured from the corner
of the lot farthest from the front lot line.
(7)
Septic systems. Nothing in this ordinance shall
prevent the Municipal Sewage Enforcement Officer from requiring a
minimum lot area larger than what is stated in this ordinance to carry
out state and Township sewage regulations.
(8)
Previously approved setbacks. Where a subdivision
or land development was granted final approval prior to the adoption
of this ordinance, and the lawful setbacks in effect at such time
are shown on the approved plans, at the option of the developer, those
approved setbacks may apply in place of any revised setbacks in this
ordinance.
(9)
Electric power lines. See definition of "lot area" in Article II. Active recreation facilities shall not be developed immediately beneath electric overhead transmission rights-of-way or easements.
(10)
Recreation trail setback. No structure, parking
space for a commercial or industrial use or commercial or industrial
storage or display shall be located within 20 feet of the lot line
of the Palmer Township Bikeway/Recreational Trail.
C.
Sight distance.
(1)
Sight distance at intersections.
(a)
Purpose. To ensure that traffic passing through
an intersection or turning onto a street can safely see oncoming traffic.
(b)
A triangular area as described in this section
shall be graded and shall be kept free of sight obstructions between
the ground level and a height of 10 feet above the center-line grade
of the intersecting streets, including structures, nontransparent
fences, vegetation and signs (but not including mowed grass, posts
of official signs which must be located in the sight triangle because
of their function or the trunks of existing trees whose branches are
kept clear of the sight triangle).
[Amended 12-17-2001 by Ord. No. 2001-311]
(c)
This sight distance triangle shall be shown
on development plans submitted to the Township and be shown on any
plan required to be recorded. Such triangle shall serve as a permanent
setback line for all such visual obstructions and shall be binding
upon present and future owners of the land.
(d)
Such triangular area shall be bounded by the
intersecting street center lines and a diagonal connecting two points,
one which is at each end of the center lines of each street as follows:
[1]
One hundred fifty feet from the intersection
of such street center lines, if either street is an arterial street.
[2]
One hundred feet from the intersection of such
street center line if either street is a collector street.
[3]
Seventy-five feet from the intersection of such
street center line if both streets are local streets.
(2)
Sight distance at intersections of driveways
or accessways with streets.
(a)
A triangular area as described in Subsection C(1) above shall be graded and shall be kept free of sight obstructions between the ground level and a height of 10 feet above the center-line grade of the intersecting driveway, accessway or street, including structures, nontransparent fences, vegetation and signs (but not including mowed grass, posts of official signs which must be located in the sight triangle because of their function or the trunks of existing trees whose branches are kept clear of the sight triangle).
[Amended 12-17-2001 by Ord. No. 2001-311]
(b)
This sight distance triangle shall be shown
on development plans submitted to the Township and be shown on any
plan required to be recorded. Such triangle shall serve as a permanent
setback line for all such visual obstructions and shall be binding
upon present and future owners of the land.
(c)
Such triangular area shall be bounded by the
intersecting street center lines and a diagonal connecting two points,
one of which is at each end of the center line of each street, accessway
or driveway 30 feet from the intersection of such center lines.
(d)
No sign shall be placed or vehicle parking located
in such locations that would obstruct clear sight lines necessary
for the safe movement of traffic out of any driveway or accessway
onto a street.
D.
Buffer yards. Buffer yards and screening complying
with the following standards shall be required under the following
situations:
(1)
Buffer yard width; when required. Buffer yards
with evergreen screening shall be required in the following situations,
with whichever is most restrictive applying.
(a)
A minimum forty-foot-wide buffer yard shall
be required between any newly developed or expanded area of an industrial
use and any abutting LDR, MDR, HDR or HDR-II District or existing
principal residential use.
[Amended 12-17-2001 by Ord. No. 2001-311]
(b)
A minimum ten-foot-wide buffer yard shall be
required between any newly developed or expanded area of a commercial
use and any abutting LDR, MDR, HDR or HDR-II District or existing
principal residential use.
[Amended 12-17-2001 by Ord. No. 2001-311]
(c)
A minimum twenty-foot-wide buffer yard shall
be required between any newly developed or expanded area of industrial
outdoor storage and/or a loading dock routinely used for tractor-trailer
trucks or refrigerated trucks and any abutting principal office use,
LDR, MDR, HDR or HDR-II District, public street right-of-way or publicly-owned
recreation area.
[Amended 12-17-2001 by Ord. No. 2001-311]
(d)
A minimum twenty-five-foot-wide buffer yard
shall be required between any townhouse or garden apartment principal
building and the lot line of any directly abutting existing single-family
detached dwelling.
(e)
In any other location where a buffer yard is
required by this ordinance, and where such width is not specifically
stated, such yard shall have a minimum width of 20 feet.
(2)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district
boundary line, future street right-of-way line or lot line, whichever
is applicable.
(b)
Plants needed for the visual screen shall not
be placed within a future street right-of-way. The required buffer
yard width shall be in addition to the required future street right-of-way.
(c)
The buffer yard may include areas within a required
front, side or rear yard, or a paved area setback area, provided that
the larger yard requirement shall apply in case of overlap.
(d)
A business use shall not be required to provide
a buffer yard for an adjacent residential use or district if the uses/districts
are separated by an expressway. However, outdoor storage or tractor-trailer
parking adjacent to an expressway shall still provide any required
buffer yard and screening.
(3)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free
of structures, dumpsters, commercial or industrial storage or display,
manufacturing or processing activity, materials, loading and unloading
areas or vehicle parking or display. No new driveways or streets shall
be permitted in the buffer yards except at points of approved crossings
for ingress or egress.
(b)
Maintenance. In buffer yards, all areas not
covered by trees and shrubs shall be well-maintained in an all-season
vegetative ground cover (such as grass) and shall be kept free of
debris and rubbish and shall not include grass areas higher than eight
inches.
(c)
Preservation of existing vegetation or slopes. If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants. In such case, the width of the buffer yard required by Subsection D(1) shall still apply. If this existing buffer requirement is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this section.
(d)
Fence. Any fence in a buffer yard shall be placed
on the inside of any required evergreen screening.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen
of trees or shrubs extending the full length of the lot line.
(b)
Each planting screen shall meet the following
requirements:
[1]
Plant materials needed to form the visual screen
shall have a minimum height when planted of four feet, unless otherwise
stated in another section of this ordinance.
[2]
Plants needed to form the visual screen shall
be of such species, spacing and size as can reasonably be expected
to produce, within three years, a solid year-round visual screen at
least six feet in height.
[3]
The plant screen shall be permanently maintained
by present and future landowners. Any plants needed to form the visual
screen that die or are removed shall be replaced within five months.
[4]
The plant screen shall be placed so that at
maturity the plants will be at least five feet from any cartway and
will not grow over an exterior lot line.
[5]
The plant visual screen shall be interrupted
only at:
[6]
Evergreen trees likely to grow substantially
in diameter should be planted in two or more rows or offsets if needed
to allow space for future growth.
(c)
In circumstances where it is impractical to
provide plant screening meeting the requirements of this section,
the Zoning Officer may approve acceptable alternative methods of screening
(such as an attractive visually solid weather-resistant wood fence),
provided that the applicant proves such alternative would meet the
spirit, objectives and intent of the screening requirements. The applicant
shall state in writing the proposed size and materials of any such
fence.
(5)
Buffer yard plans.
(a)
Prior to the issuance of a permit under this
ordinance where a buffer yard would be required, and on any required
subdivision or land development plan, the applicant shall submit plans
showing:
(b)
The Zoning Officer shall review such plans to
determine that the plans are in conformance with the terms of this
ordinance.
(6)
Mechanical screening. All outdoor stationary
ground level industrial mechanical equipment that is visible from
a public street shall be separated by landscaping and/or have an architectural
building material screen or covering or design that is harmonious
with the building design, as seen from the street.
(7)
Based upon a review by the Planning Commission,
the Board of Supervisors may allow an adjustment in the buffer yard
requirements of this section where such requirements are deemed unnecessary
because of the location (such as if a steep slope forms a natural
buffer) or would create a hardship or where an alternative method
of buffering (such as an earth berm and/or solid wood fence) would
be more appropriate.
(8)
As a condition of approval of a conditional
or special exception use or a variance, the Board of Supervisors or
Zoning Hearing Board as applicable may require additional screening,
additional width and/or a raised earth berm where necessary to prevent
a serious threat of incompatibility with neighboring uses.
(9)
See paved area screening requirements of § 190-168J.
(10)
Species of plants in screening. Trees and shrubs
needed to form a required visual screen shall be of the following
or closely related species, unless the applicant proves to satisfaction
of the Planning Commission or Zoning Officer that a substitution would
be appropriate. A required visual screen shall primarily include evergreen
plants. Leafy deciduous plants may be selectively used, provided that
their use does not result in significant visual openings during the
winter. If more than 25 plants are needed to form a visual screen,
then a maximum of 75% of such plants shall be of one species.
|
Buxus: all varieties of boxwood
| |
|
Caragana arborescens: Siberian pea shrub
| |
|
Cephalanthus Occidentalis: buttonbush
| |
|
Chaenomeles Japonica: flowering quince
| |
|
Cornus: all varieties of dogwood
| |
|
Cotoneaster divaricata: spreading or upright
cotoneaster
| |
|
Crataegus crus-galli: cockspur thorn
| |
|
Crataegus phaenopyrum: Washington hawthorn
| |
|
Elaeagnus angustifolia: Russian olive
| |
|
Eucalyptus: all varieties of eucalyptus
| |
|
Euonymus: all varieties of euonymus
| |
|
Forsythia spectablilis: showy forsythia
| |
|
Hamamelis: all varieties of witch hazel
| |
|
Hydrangea arborescens: hills of snow hydrangea
| |
|
Ilex: all varieties of holly
| |
|
Juniperus: all varieties of junipers
| |
|
Kolkwitzia amabilis: beauty bush
| |
|
Laurus mobilis: sweet bay
| |
|
Ligustrum: all varieties of privet
| |
|
Lonicera: all varieties of honeysuckle
| |
|
Magnolia stellata: star magnolia
| |
|
Photinia: all varieties of Photinia
| |
|
Picea: all varieties of spruces
| |
|
Pinus: all varieties of pines
| |
|
Pseudotsuga: all varieties of firs
| |
|
Pyracantha lalandei: Laland firethorn
| |
|
Rhamnus davurica: Dahurian buckthorn
| |
|
Rhamnus frangula: glossy or alter buckthorn
| |
|
Spirea: all varieties of spirea
| |
|
Syringa: all varieties of lilac
| |
|
Taxus: all varieties of yews
| |
|
Thuja occidentalis: American arborvitae
| |
|
Thuja origentalis: Oriental arborvitae
| |
|
Tsuga: all varieties of hemlocks
| |
|
Viburnum: all varieties of viburnum
|
A.
Ground cover and plan required. Any part or portion
of a lot which is not used for buildings, structures, loading or parking
areas and aisles, sidewalks and designated storage areas shall be
provided with an all-season, well-maintained vegetative ground cover
and shall be landscaped with trees and shrubs in accordance with an
overall landscape plan. This landscape plan should include the botanical
and common names of the plants to be used, the sizes to be planted
and the quantity and spacing of each.
B.
Modifications. Landscaping of superior quality and
quantity should be provided in highly visible areas of the Township,
especially along arterial roads. The Planning Commission may allow,
with concurrence of the Board of Supervisors, that the specific landscaping
requirements be adjusted to allow approximately the same amount of
landscaping to be placed in different locations or arrangements or
to be of different species than would otherwise be required, if the
Township determines that such alternative would be superior in effect.
To receive such adjustments, an applicant shall provide a landscaping
plan prepared by a registered landscape architect.
D.
Street trees. See Article X of the Subdivision and Land Development Ordinance.
(1)
If a Township regulation would require that
street trees be placed within a state street right-of-way, and PennDOT
specifically refuses permission for such plantings, or if the Township
determines that there are no acceptable locations for street trees
within the right-of-way, then the street trees shall be planted immediately
outside the right-of-way.
(2)
Location. See § 165-73A(8) of the Subdivision and Land Development Ordinance.
(3)
Any street trees planted under or near overhead
utility lines shall be of a species with a limited mature height.
(NOTE: Recommendations are available from the local utility company).
A.
Purpose. Minimum future/ultimate right-of-way widths
are established for streets where the existing right-of-way is less
than that indicated in this section for the particular classification
of street. These future rights-of-way are designed to reserve adequate
rights-of-way for future circulation improvements, including street
widenings, intersection realignments and widenings, shoulders, bikeways
and sidewalks, and to provide rights-of-way for needed public sewer
and water lines and other utilities and drainage improvements.
B.
Measurement.
(1)
The future right-of-way shall be measured with
1/2 on either side of the center line of the existing right-of-way.
If the existing right-of-way is clearly significantly off-center of
the cartway, the center line of the cartway shall be used.
C.
Dedication of future/ultimate right-of-way. See § 165-59N of the Township Subdivision and Land Development Ordinance, as amended.
D.
Minimum widths. The following future rights-of-way
shall be reserved along each street:
|
Street Classification
|
Minimum Future Right-of-Way
(feet)
| |
|---|---|---|
|
Major arterial street/expressway
|
120 or existing right-of-way width, whichever
is wider
| |
|
Minor arterial street
|
80, except as stated below
| |
|
Collector street
|
60
| |
|
Local/marginal access/private streets
|
50
|
E.
Maintenance. The owner of the adjacent property shall
be responsible for maintenance of portions of the right-of-way not
used for vehicles.
F.
Modifications of right-of-way width.
(1)
The Board of Supervisors may approve a reduction
in the minimum future right-of-way where the applicant clearly proves
to the satisfaction of the Board of Supervisors either of the following:
(a)
That the proposed use and/or subdivision is
of such low intensity that it will not create any measurable additional
impact on the adjacent street system; or
(b)
That it would, for practical purposes, be infeasible
for the street to be substantially widened at any time in the future
because of the existence of substantial existing buildings on the
applicable side of such street within close proximity to such street
and that the additional right-of-way is not needed for the extension
of water and sewer lines.
(2)
Rights-of-way shall not be required to be dedicated
in specific locations that are presently occupied by buildings that
are proposed to remain.
(3)
The Board of Supervisors may by resolution or
ordinance establish a wider future right-of-way along a specific street
than is provided by this section, where the Board of Supervisors determines
there is a clear, necessary and reasonable need for such additional
width.
No industrial or commercial use shall be permitted
adjacent to a street designated on the Township Official Street Classification
Map[1] as a minor arterial or collector street unless such street
has a right-of-way with a minimum width of 30 feet from the center
line of said street to the lot line of the proposed use or unless
such width will be provided.
[1]
Editor's Note: The Official Street Classification
Map is on file in the Township offices.
To encourage well-planned development fronting
onto minor arterial and collector streets (as defined on the Official
Street Classification Map[1]) and to minimize traffic congestion and hazards, the following
provisions shall apply to access onto such streets:
A.
Parking, loading and drive-throughs. See § 190-166. All off-street parking, loading, vehicle storage and display and associated internal vehicle accessways shall be physically separated from the cartway of a minor arterial or collector street (except at approved perpendicular entrance and exit points) by a raised curb, planting strip, wall or other suitable barrier to prevent unchannelized access onto the street. All parking and drive-through facilities shall have sufficient areas for stacking of vehicles to prevent the "backup" of vehicles onto a public street.
B.
Access points. Each lot with less than 250 feet of
frontage on an arterial street shall have not more than one access
point involving left-hand turns onto each such street, and no lot
with 250 or more feet of total frontage on an arterial street shall
have more than two access points involving left-hand turns onto any
such arterial street. If a lot has more than one access point, the
separation distance between access points should be maximized, where
reasonable considering other traffic safety concerns.
C.
Where practical, access to two or more nonresidential lots should be combined and/or shared and/or coordinated to minimize the number of access points onto an arterial street. Shared parking lots and driveways connecting adjacent nonresidential lots are strongly encouraged. See possible reduction of parking requirements in § 190-166B.
E.
Larger developments. The following standards shall
apply to any development involving three or more principal commercial
lots (including but not limited to office, service or retail uses)
or more than five acres of commercial, garden/low-rise apartment or
townhouse uses.
(1)
Whenever feasible, each principal building shall
have its primary vehicle access onto a service road, marginal access
street, common parking lot, common accessway, collector street or
other alternative method approved by the Township as opposed to direct
vehicle access from each lot involving left-hand turns onto a minor
arterial street.
(2)
See requirements for setbacks of driveways from street intersections in § 165-67 of the Subdivision and Land Development Ordinance.
(3)
Adequate vehicle access shall be provided to
each use without causing undue congestion to, hazards upon or interference
with traffic movement on public streets. Uses shall include adequate
signalization, turn lanes, stacking areas and deceleration lanes to
provide safe and efficient access.
[1]
Editor's Note: The Official Street Classification
Map is on file in the Township offices.
A.
Registration of nonconformities. It shall be the responsibility
of a party asserting a nonconformity to provide the evidence that
it is lawful. A property owner may request a written statement of
nonconformity from the Zoning Officer after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure
or lot as defined by this ordinance may be continued and may be sold
and continued by new owners. Any expansion of, construction upon or
change in use of a nonconformity shall only occur in conformance with
this section.
C.
Expansion of, construction upon or change in use of
nonconformities.
(1)
Nonconforming structures.
(a)
The Zoning Officer shall permit a nonconforming
structure to be reconstructed or expanded, provided that:
[1]
Such action will not increase the severity,
extent or amount of the nonconformity (such as the area of the building
extending into the required setback) or create any new nonconformity.
[2]
Any expanded area must comply with the applicable
height restrictions and applicable setbacks set forth in the base
zoning district in which the nonconforming structure is located and
any and all other requirements of this ordinance.
[Amended 3-23-2004 by Ord. No. 2004-347]
(b)
In the case of a nonconforming structure which
is used by a nonconforming use, any expansion shall also meet the
requirements of this section regarding nonconforming uses.
(2)
Nonconforming lots of record.
(a)
Dwellings. In a district in which single-family
detached dwellings are permitted, such dwelling and customary accessory
structures may be erected on a lawful lot of record after receiving
special exception approval, provided that such lot:
[1]
Has a minimum width of 60 feet measured at the
minimum building setback line, except that the minimum lot width in
the LDR District shall be 100 feet.
[2]
Was in lawful existence as of January 15, 1973.
[3]
Was in single and separate ownership from any
abutting lot as of January 15, 1973 and as of the present.
[4]
Has a minimum lot area of one acre in the C-R
District, 12,000 square feet in the LDR District and 6,000 square
feet in any other district.
[5]
Will comply with minimum setbacks and other
requirements of this ordinance for any new construction or expanded
area, except for minimum lot depth and those provisions specifically
allowed to be altered by this subsection or for which a variance is
granted.
[6]
Has minimum side yard setbacks of eight feet
each or 10% each of the lot width, whichever is larger.
[7]
If a new principal building will be served by
an on-lot septic system, the lot will comply with all state septic
regulations, and shall provide an approved alternative drainfield
location.
(b)
Integration. Two (1) or more abutting nonconforming lots under common ownership at the time of adoption of this amended section shall be integrated to form a lot that would be less nonconforming. Such integrated lot in common ownership shall not be subdivided, resubdivided or sold in parts using separate deeds to separate owners, unless specifically approved as a subdivision under the Township Subdivision and Land Development Ordinance and in compliance with this ordinance. See § 165-9B of the Subdivision and Land Development Ordinance regarding resubdivision of lots.
(c)
Nonresidential districts. In a district where
single-family detached dwellings are not permitted, a single permitted
by right principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot of record as a permitted
by right use if all of the following requirements are met:
[1]
The lot has a minimum lot width of 60 feet.
[2]
The lot width is at least 30% of the required
minimum lot width.
[3]
The lot is a lot of record that lawfully existed
prior to the adoption of this ordinance or an applicable subsequent
amendment.
[4]
Minimum setbacks and other requirements of this
ordinance are complied with for any new construction or expanded area.
[5]
If a new principal building will be served by
an on-lot septic system, the lot shall comply with all state septic
regulations, and shall provide an approved alternative drainfield
location.
(d)
Modification of setbacks. The Zoning Hearing
Board may grant a special exception to reduce the required setbacks
concerning construction on a nonconforming lot if the Board determines
that such reduction would result in a building that would be more
compatible with neighboring residences than would be built if the
setback requirement was not reduced.
(e)
Variances. If a proposed use on a nonconforming lot does not meet the requirements of the above Subsection C(2)(a), (b), (c) or (d), then the development of the nonconforming lot shall not occur unless a variance is granted by the Zoning Hearing Board. In addition to the standards stated for a variance in the PA Municipalities Planning Code,[1] the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would have less significant adverse impacts upon the established character of an existing residential neighborhood. The full burden of proof shall be upon the applicant to prove that the lot is a lawful lot of record, the variance standards are met and the provisions of this Subsection C are complied with.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(3)
Expansion of nonconforming nonresidential uses.
A nonconforming use or a building used by a nonconforming use shall
not be expanded, except in accordance with the following provisions:
(a)
An expansion of a total of more than 5% in total building floor area in any five-year period shall require special exception approval from the Zoning Hearing Board under Article XX.
(b)
Such reconstruction or expansion shall be only
upon the same lot that the nonconforming use was located upon at the
time the use became nonconforming.
(c)
The total building floor area used by a nonconforming
use or the total area covered by impervious surfaces of a nonconforming
use shall not be increased by greater than 50% beyond each such measurement
that existed in such use at the time such use became nonconforming.
This maximum increase shall be measured in aggregate over the entire
life of the nonconformity.
(d)
Any expansion of a nonconforming use shall meet
the required setbacks and other requirements of this ordinance, unless
the Zoning Hearing Board grants a variance.
(4)
Expansion of nonconforming residential uses.
An existing nonconforming residential use may be expanded in floor
area as a permitted by right use, provided that:
D.
Damaged or destroyed nonconformities.
(1)
Except as provided for in Subsection D(3) and J below, a nonconforming structure that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed to be not the fault of the owner may rebuild in a nonconforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction, work begins in earnest within 12 months afterwards and no nonconformity is created or increased by any reconstruction.
(2)
Submittal. Rebuilding of a damaged or destroyed
nonconformity shall not begin until plans for rebuilding have been
presented and approved by the Zoning Officer. Any change of one nonconforming
use to another nonconforming use shall comply with the provisions
of this section.
(3)
Agricultural. Nonconforming agricultural structures
on farms may be reestablished or reconstructed as a permitted by right
use if damaged or destroyed, without a time limit.
E.
Abandonment of nonconformity.
(1)
If a nonconforming use of a structure or land
is discontinued, razed, removed or abandoned for 12 months or longer,
subsequent use of such building or land shall conform with the regulations
of the district in which it is located, except:
(2)
The applicant shall be responsible to provide
evidence that the nonconformity was not abandoned.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure
or land shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to another
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board. The Board shall determine whether the applicant
has provided sufficient proof to show that the proposed new use will
be equally or less objectionable in external effects than the pre-existing
nonconforming use with regard to:
(a)
Traffic generation (especially truck traffic).
(b)
Noise, dust, fumes, vapors, gases, odor, glare,
vibration, fire and explosive hazards.
(c)
Amount and character of outdoor storage.
(d)
Hours of operation if the use would be close
to dwellings.
(e)
Compatibility with the character of the surrounding
area.
G.
District changes. Any uses, structures or lots that
become nonconforming because of a zoning district change shall be
regulated under this section on nonconformities.
I.
Building permits and nonconformities. When an active
building permit has been lawfully issued prior to the adoption of
a section of this ordinance that makes such activity nonconforming,
such use, lot or structure shall be regulated under the applicable
nonconforming regulations, provided that such construction is completed
within a maximum of 12 months of the issuance of such permit.
J.
Nonconforming use of open land. If a nonconforming
off-premises junkyard, outside storage area or similar nonconforming
use of open land is discontinued for 90 days or more, or is damaged
or destroyed to an extent of 50% or more of replacement cost, such
structure or use shall not be continued, repaired or reconstructed.
A.
Tents and membrane structures.
(1)
In addition to the special exception procedure
provided for in this section, the Zoning Officer may allow the temporary
erection of a tent, membrane or similar temporary structure that is
not totally enclosed for a maximum of seven days in any four-month
period for clearly routine customarily accessory uses such as a wedding
in the rear yard of a dwelling, a festival by a place of worship or
a special sale within the lot of a lawful commercial use.
(2)
The Zoning Officer may allow the temporary erection
of a tent, membrane structure or similar temporary structure for a
period of up to a maximum of 180 days in any given calendar year,
for clearly routine customary accessory uses.
(3)
All tents, membrane structures or similar temporary
structures to be erected for a total of more than seven days shall
require the submission of a site plan and an application for a zoning
permit. The fee shall be established by resolution of the Board of
Supervisors. Such structure shall comply with all applicable Palmer
Township Code requirements.
B.
Removal. Prior to the issuance of a permit for a temporary
use or structure, the applicant shall present a statement from the
owner of record of the land recognizing the application and accepting
responsibility to ensure that the use or structure is removed once
the permit expires. Any temporary structure or use shall be removed
completely upon expiration of the permit without cost to the Township.
If the structure or use is not removed in a timely fashion after proper
notification, the Township may remove the use or structure at the
cost of the person who owns the land upon which the structure or use
is located.
C.
Conditions. The temporary use or structure shall be
compatible with adjacent uses and clearly be of a temporary nature.
Clearly customary and incidental accessory uses to a lawful permitted
use are permitted (such as festivals at a place of worship).
D.
Construction vehicle parking and temporary offices.
The parking of construction vehicles and temporary construction offices
on a site that is necessary for the actual construction on the same
lot or tract that is actively underway is permitted by right, provided
that such vehicles or offices shall be removed immediately once the
type of construction they relate to is completed or suspended.
E.
Food carts. A permitted principal commercial use on
lots of more than 20,000 square feet may include the temporary use
of a food and nonalcoholic beverage cart for on-site sales, provided
that the following requirements are met:
(1)
The cart is used for maximum periods of four
days once in any six-month period.
[Amended 11-13-1995 by Ord. No. 261]
(2)
The cart is removed within 48 hours after the
sales are complete.
(3)
The applicant submits a site plan showing that
the cart will be well-located to avoid pedestrian-vehicle conflicts.
F.
Other temporary uses by special exception. A temporary
permit may be issued by the Zoning Hearing Board as a special exception
for structures or uses, other than those types listed as permitted
by right in this section, subject to the following additional provisions:
(1)
Duration. The Zoning Hearing Board shall establish
a limit on the duration of the use. In most cases, a temporary approval
should have a maximum term of no longer than two years. In the case
of a special event, except under special circumstances, this term
should be a maximum of six days in any sixty-day period. The Zoning
Hearing Board may grant a single approval once for numerous occurrences
of an event.
(2)
Fee. Either the Zoning Hearing Board or the
Board of Supervisors may waive and/or return the required application
fee if the applicant is an Internal Revenue Service recognized and
well established nonprofit organization, and the applicant clearly
shows that the proposed use is temporary and will be used to clearly
primarily serve a charitable or public service purpose.
(3)
Nonprofit. Only a well-established and Internal-Revenue-Service-recognized
nonprofit organization proposing a temporary use to clearly primarily
serve a charitable or public service purpose shall be eligible to
receive approval for a commercial use in a district where that use
is not permitted.
(4)
Special events. For a new special event (not
including annual reoccurrences of a previously held event) that will
attract significant numbers of the public, the Zoning Hearing Board
shall deny the use if it determines that the following will not be
generally appropriate: sanitary and water service, traffic control,
off-street parking and protection of the public health and safety.
A.
When site plan required. A site plan review by the
Planning Commission and Board of Supervisors under this section is
required for any of the following uses unless the physical layout
of the principal building(s) and use will be approved under the Subdivision
and Land Development Ordinance.
(1)
Any aggregate expansion of more than 2,000 square
feet in the floor area of a structure. Aggregate calculation of expansion
shall begin upon adoption of this amendment or December 31, 2001,
whichever is sooner, for all structures of the following types:
[Amended 12-17-2001 by Ord. No. 2001-311]
(2)
Any new or expanded paved area of greater than
5,000 square feet.
(3)
Conversion of a noncommercial or nonindustrial
building to a new principal commercial use.
(4)
Any change from one commercial or industrial
use to a different commercial or industrial use that would require
the addition of 15 or more off-street parking spaces beyond what would
have been previously required.
(5)
Any conditional use, except a routine replacement
of one commercial use by another commercial use of similar intensity,
within an existing building and using existing parking.
B.
Site plan procedures. The following procedures shall be followed for any use required to be reviewed under this section (See the procedures in Article XX for procedures for review of a conditional use):
(1)
Submission. Three complete copies of any required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this ordinance. A minimum of one copy shall be retained in Township files. The site plan shall include the information listed in Subsection C below. The Zoning Officer shall seek a review by the Township Engineer if engineering matters are involved.
(2)
Time. The Planning Commission and Board of Supervisors shall be given an opportunity to review the site plan and provide any advisory comments in writing to the Zoning Officer within the time limit stated or in Subsection B(3) below.
(3)
The Zoning Officer shall review the site plan
and determine its compliance or noncompliance with this ordinance,
based upon his/her review and any comments of the Board of Supervisors
and Planning Commission. The Zoning Officer shall make such determination
within 90 days after the first scheduled Planning Commission regular
meeting following at least 21 days after the receipt of a complete
site plan submission, unless the applicant grants a written time extension.
Such determination shall be provided in person or through the United
States Mail, in writing, to the applicant or his/her representative.
C.
Submission requirements for site plan review. The following information, as applicable, shall be submitted by the applicant for any conditional use or any use required to submit a site plan under Article XX or this section, except for information waived by the Zoning Officer as not applicable or necessary. If a conditional use review will also need approval of the physical layout under the Subdivision and Land Development Ordinance, then the Zoning Officer may permit an applicant to satisfy the conditional use plan requirement with a plan meeting the sketch plan requirements of the Subdivision and Land Development Ordinance, provided that such plan provides sufficient information to determine compliance with this Zoning Ordinance.
(1)
A statement describing the proposed use, including
proposed maximum hours of operation, maximum number of employees on
the highest shift and the type of services or type of manufacture.
(2)
Layout. A site layout drawn to scale (preferably
one inch equals 50 feet) showing the location, dimensions and area
of each lot; the location, dimensions and height of proposed and any
existing structures; the required setback areas; the proposed density
of residential uses; the location and width of proposed or abutting
streets; and the proposed areas to be used for different purposes
within the development, including outdoor storage or display areas.
If the plan involves one phase of what eventually may be a larger
development, then the interrelationships of those phases shall be
shown.
(3)
Landscaping and tree preservation.
(a)
The width of any buffer yard and the heights,
spacing and general species of plants to be used for screening.
(b)
General numbers, locations and types of landscaping
to be provided in off-street parking lots, along streets and in other
areas.
(4)
Parking. The locations and numbers of parking spaces; the location and widths of aisles; the location and sizes of off-street loading areas. The method of calculating the off-street parking requirement, based upon § 190-166.
(5)
Lighting and signs. The height, location and
approximate intensity of exterior lighting. The sign area, height,
location and general method of lighting of signs.
(6)
Sidewalks. The location of any proposed sidewalks
(with width) and curbing.
(7)
Utilities. A note stating the general proposed
method of providing wastewater treatment and water supply (such as
"public water and public sewage services").
(8)
Nuisances and safety. A description of any proposed
industrial or commercial operations or storage in sufficient detail
to indicate potential nuisances and hazards regarding noise, large
trucks, glare, air pollution, odors, dust, fire or toxic or explosive
hazards or other significant hazards to the public health and safety,
together with proposed methods to control such hazards and nuisances.
(9)
Grading and stormwater.
(a)
Proposed and existing contours if earth disturbance
is proposed.
(b)
Identification of any slopes between 15% and
25% and greater than 25% proposed to be impacted.
(c)
Proposed method of managing stormwater runoff, complying with Article X of the Subdivision and Land Development Ordinance, regardless of whether the application would be a subdivision or land development.
(d)
Delineation of any floodplains from the Official
Floodplain Maps.
(e)
Areas of wetlands that may be affected by the
proposed use.
(f)
Concentrations of existing mature trees.
(10)
A location map showing the relation of the project
to surrounding streets; and approximate lot lines of abutting lots
within 50 feet of the project, with identification of abutting land
uses.
(11)
Zoning district and major applicable requirements.
(12)
Name, address and professional seal (if applicable)
of the person who prepared the site plan, the applicant and the owner
of record of the land.
(13)
Such other data or information as the Zoning
Officer deems is reasonably necessary to determine compliance with
Township ordinances.
D.
Site planning guidelines. The following advisory guidelines
are intended to assist applicants and the Township in developing well-planned
developments.
(1)
Natural features. Seek to minimize grading changes
and removal of mature trees. Seek to preserve the natural beauty of
highly visible areas. Seek to preserve land along creeks and steep
hillsides.
(2)
Circulation. Seek to separate pedestrian circulation
from major routes of vehicle traffic. Minimize the number of access
points along major roads. Avoid parking spaces backing into through
traffic routes. Ensure adequate capacity of driveways and drive-through
lanes to avoid traffic backing onto streets.
(3)
Utilities. Seek to place as many utility lines
as possible underground.
(4)
Signs. Seek to minimize the lighting intensity
of signs. Seek to avoid signs with overly bright, less attractive
colors. Consider use of ground-mounted or wooden signs.
(5)
Compatibility. Seek to locate noisier and less
compatible uses (such as loading docks) as far away from homes as
possible. Seek to screen out views of less attractive activities from
streets and homes.
E.
Improvement requirements. Any use required to submit a site plan under this section shall comply with Article X of the Subdivision and Land Development Ordinance, entitled "Design Standards and Required Improvements," regardless of whether the site plan involves a subdivision or a land development.
Each dwelling unit shall include a minimum of
1,000 square feet of habitable, indoor, heated floor area, except
such floor area may be as follows:
A.
Intent: to allow the Township to determine the safety
and congestion impacts, and related costs, of proposed major traffic
generating uses; to require that applicants respond with reasonable
proposals to resolve the negative traffic impacts that their proposed
uses will cause on the public; and to recognize that sufficient federal,
state and municipal funds are not available to resolve traffic problems
caused by private development.
B.
Uses requiring traffic study. Any application for
any of the following new uses or expansion of existing uses shall
be required to complete a traffic study and include the findings in
a written report. Such requirement and report shall be based upon
the aggregate total development that can reasonably be expected in
all phases of a development.
(1)
Residential: 80 or more new dwelling units.
(2)
Commercial: 20,000 square feet or more of new
or additional total floor area.
(3)
Office: 30,000 square feet or more of new or
additional total floor area.
(4)
Industrial: 60,000 square feet or more of new
or additional total floor area or any truck terminal.
(5)
Institutional: 30,000 square feet or more of
new or additional total floor area.
(6)
Any use or combination of uses that would generally
result greater than 1,500 trips per day.
(7)
Such uses where the Board of Supervisors determines
that a traffic study is needed to address a clearly accident-prone
location.
C.
Timing. Any required traffic study shall be submitted
at the same time or earlier as any preliminary plan, special exception,
conditional use or construction permit application, whichever is submitted
earliest.
D.
Costs. The full costs of completing the study and
of a review by the Township Engineer or other Township representative
shall be borne by the applicant.
E.
Study area. Prior to initiation of the traffic study,
the traffic engineer or planner shall meet with the Township Engineer
to establish the area to be studied. This area shall be limited to
streets and intersections within a maximum of one mile of the proposed
project boundaries, except for a use of more than 200,000 square feet
of commercial floor area or any use projected to generate more than
3,000 trips per day which shall have a maximum study area of one mile
from the project boundaries.
F.
Joint studies. Joint traffic studies between different
applicants are strongly encouraged.
G.
Fees. In place of individual traffic studies, the
Township Supervisors may require that an applicant provide a fee in
lieu of a study. This fee shall only be used towards the costs of
traffic studies sponsored by the Township. Any such fee shall be established
by resolution or ordinance of the Board of Supervisors.
H.
Project description. Any study shall include a description
of the proposed development, its proposed access and the surrounding
street system. If a development is proposed to occur in stages, each
stage shall be described and taken into account in the study. If the
applicant owns other lands within the study area, reasonable assumptions
shall be made about how that land can be expected to be developed,
and shall be taken into account.
I.
Existing traffic conditions. The traffic volumes and
service levels during the a.m. and p.m. peak hours shall be presented
for all streets and intersections in the study area that can reasonably
be expected to be significantly impacted. Traffic volumes shall be
based upon actual counts that occurred within the prior two years,
and not upon state estimates. The locations of all accidents reportable
to the State Police within the study area during a recent two-year
period shall be noted.
J.
Expected traffic generation. The study shall include
an estimate of the number of trips expected to be generated by the
use and any future stages during the a.m. and p.m. peak hours. Such
estimates shall be based upon the latest published estimates of the
Institute of Transportation Engineers, or its successor entity, unless
the applicant provides the Township with estimates and supporting
documentation based upon actual traffic counts of closely similar
developments in Pennsylvania or New Jersey.
K.
Projected effects. The study shall take into account
not only the use proposed by the applicant, but also other uses and
developments that have received building permits or preliminary subdivision
or land development approval from a municipality. The study shall
project a.m. and p.m. peak hour traffic volumes and levels of service
on impacted intersections and streets. If the traffic generation by
the development would be more than 50% greater during any hour other
than the a.m. or p.m. peak hour on adjacent streets, the study shall
analyze both the peak hours for the development and for adjacent streets.
The study shall project what directions the traffic generated will
head towards.
L.
Levels of service. The study shall estimate the levels
of service (A, B, C, D, E and F), for key traffic movements, including
turning movements, following the standards of the U. S. Department
of Transportation.
M.
Signal warrants. Heavily traveled intersections at
entrances to the development and other major unsignalized intersections
in the study area shall be studied to determine whether a traffic
signal is warranted by PennDOT criteria. Existing traffic signals
that are significantly impacted shall be studied to determine whether
they are in need of upgrading.
N.
Needed improvements. The study may take into account
traffic improvements which are clearly funded and will occur within
the next four years. The study shall include suggestions for how each
congested or hazardous intersection in the study area should be improved
to reduce the hazard or congestion and a rough estimate of the cost
of that improvement.
O.
Applicant's response. The applicant shall respond
to the traffic study with proposals on what traffic improvements,
right-of-way dedications or commitments of financing for specific
projects the applicant proposes to commit to resolve the negative
traffic impacts of the proposed development. Such improvements or
financing may be staged in relation to the stages of the development.
The applicant may also agree to commit towards the long-term support
of a program to reduce peak-hour traffic by private vehicles through
programs such as van pooling, support of mass transit or staggered
work hours in place of certain structural improvements.
P.
Completion of improvements. Any traffic improvements
that are required as a condition of any approval under this ordinance
or the Subdivision and Land Development Ordinance shall be in place
or sufficient funds committed in escrow acceptable to the Township
prior to the issuance of any needed occupancy permit, or within a
staged process agreed to at the time of approval.
All paved areas, uses and structures involving 3,000 square feet or more of additional impervious coverage shall comply with the stormwater management requirements of Article X of the Subdivision and Land Development Ordinance, regardless of whether such paved area, use or structure would be a subdivision or land development.
See the requirements of the Township Subdivision
and Land Development Ordinance. The pre-existing recreation fee regulations
of this section shall continue to be in force for any use granted
a zoning permit or building permit at the time such regulation was
in effect.
A driveway or accessway serving a principal
business use shall be deemed to be integral with such use and shall
not be a permitted use in a residential district. This restriction
shall not apply to a driveway or accessway that will be clearly limited
to use by only emergency vehicles.
