A.
Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 253, Subdivision and Land Development. In the case of townhouses, manufactured/mobile home parks, or apartments, each unit may have access onto a parking court, which then has access onto a public or private street meeting Township standards.
B.
Number of principal uses and principal buildings per lot.
(1)
A lot in a commercial or industrial district may include more
than one permitted principal use per lot and/or more than one permitted
principal building per lot, provided that all of the requirements
are met for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most restrictive requirement
shall apply.
(a)
For example, if Use No. 1 requires a one-acre lot area and Use
No. 2 on the same lot requires a two-acre lot area, then the lot shall
have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that demonstrates that
each structure would meet the requirements of this chapter.
(c)
The uses and buildings shall be in common ownership. However,
a condominium form of ownership of individual buildings, with a legally
binding property owner association, may be established if the applicant
proves, to the satisfaction of the Zoning Officer, based upon review
by the Township Solicitor, that there will be appropriate legal mechanisms
in place.
(2)
A lot within a residential district shall not include more than
one principal use and shall not include more than one principal building
unless specifically permitted by this chapter.
(a)
A manufactured/mobile home park, condominium residential development
or apartment development may include more than one principal building
per lot, provided all other requirements of this chapter are met.
A condominium form of ownership of individual dwelling units, with
a legally binding homeowners' association, may be established
if the applicant proves, to the satisfaction of the Zoning Officer,
based upon review by the Township Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
C.
Minimum size of dwellings. Each dwelling unit shall include a minimum
of 600 square feet of enclosed habitable, indoor, heated floor area,
which shall be primarily above the ground level.
D.
Maximum occupancy. No recreational vehicle shall be occupied on a
lot for more than 30 days in a calendar year, except as may be approved
within a campground with suitable central water and sewage service.
No mobile/manufactured home shall be occupied on a lot as a dwelling
unless it meets all of the requirements for a dwelling.
The maximum structure height specified for each district shall not apply to antenna that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines and towers, elevator shafts, stair towers, flagpoles, windmills, skylights, solar collectors, chimneys, heating/ventilation/air-conditioning equipment, smokestacks, parapet walls of up to four feet above the maximum height, and other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also the definitions of "building height" and "height" in § 295-22 and provisions in § 295-29B.
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 chapter. This includes, but
is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All uses and structures shall have adequate
provisions for access by emergency vehicles and fire ladders. Such
access shall be maintained in a passable condition by the owner of
the lot or, where applicable, by the property owner association.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 295-22.
(2)
Projections into required yards.
(a)
Cornices, eaves, roof overhangs, sills or other similar architectural
features, exterior stairways, unenclosed fire escapes or other required
means of egress, rain leads, chimneys, Bilco-type doors for basement
access, window awnings, footers, chaise for heating pipes or other
similar structures that do not include space usable by persons may
extend or project into a required yard not more than three feet, except
as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps, and landings
necessary to provide entrance to a building may be located within
a required setback area.
(3)
Lot widths around curves. Around the bulb of a cul-de-sac street
or on the outside of the curve of a street with a radius of less than
150 feet, the minimum lot width at the minimum building setback line
may be reduced to 60% of the width that would otherwise be required.
(4)
Front yard setback modification.
(a)
When an unimproved lot having a frontage of 200 feet or less
is situated between two improved lots, each having a principal building
which extends into the required front yard, is lawfully nonconforming,
the front yards of such unimproved lot may be the average depth of
the front yards of such two adjacent improved lots, notwithstanding
the yard requirements of the district in which it is located.
(b)
Established building line. Where more than 50% of the street frontage along any block or along a distance of 500 feet, whichever is the lesser, has been developed, the building line along such frontage shall be the average setback of all such existing principal buildings. Therefore, new buildings or additions and extensions to existing buildings, including enclosed or unenclosed porches, may conform to said established building line, regardless of the district yard requirements or the provisions of Subsection B(4)(a) above.
(5)
Solar collectors may be placed over vehicle parking without
being limited by the minimum setback and maximum impervious coverage
requirements of this chapter.
C.
Sight clearance at intersections. At the intersection of two streets,
a clear sight triangle shall be provided. Within this triangle, no
visual obstructions shall be allowed between the height of three feet
and 10 feet above the ground level, except for utility posts, mailboxes,
single signposts and the trunks of deciduous trees. The triangle shall
be measured along the center line of the right-of-way line of the
streets. Each leg of the triangle shall be measured 75 feet from the
intersection of the center lines of the streets. A third longer leg
shall connect the two legs along the center lines to form the triangle.
(1)
However, in place of the above sight triangle, where a local
street intersects an arterial or collector street with a stop sign
only at the local street, the leg of the triangle along the arterial
or collector street shall be increased to 250 feet, and the leg along
the local street shall be decreased to 20 feet beyond the right-of-way
of the arterial street.
(2)
The clear sight triangle shall be kept free of such obstructions
in perpetuity.
D.
Buffer yards. Buffer yards and plant screening complying with the
following standards shall be required under the following situations,
unless a more restrictive provision is established by another section
of this chapter:
(1)
A minimum thirty-foot-wide buffer yard with plant screening
shall be required along the rear and side lot lines of any lot used
principally for principal nonresidential purposes that is contiguous
to a lot occupied by an existing principal dwelling or an undeveloped
residentially zoned lot.
(a)
If a principal business use will include areas used for manufacturing
or will have a loading dock that will be routinely serviced by tractor-trailer
trucks or refrigerated trucks, then the minimum buffer yard width
along such manufacturing area and/or loading dock shall be increased
to 70 feet, and the minimum initial height of plantings shall be increased
to eight feet.
(b)
If a lot will include more than 100,000 square feet of business
building floor area, then the minimum buffer yard width shall be increased
to 70 feet, and the minimum initial height of plantings shall be increased
to eight feet.
(c)
If a dwelling will be on the same lot as a principal business
use, then a buffer yard shall not be required by this section.
(d)
A ten-foot minimum buffer yard with landscaped screening shall
be required where a subdivision or land development of new dwellings
will have rear yards abutting a public street or expressway.
(e)
A buffer yard is also required to be provided by the following
if they are abutting and visible from a public street:
(f)
A landscaped berm may be incorporated into a buffer yard. In
such case, the side adjacent to a business may be a retaining wall.
(2)
A required yard may overlap a required buffer yard, provided
the requirement for each is met. The buffer yard shall be measured
from the district boundary line, street right-of-way line or lot line,
whichever is applicable. Required plantings shall not be placed within
the right-of-way, except that the Township may allow deciduous canopy
trees.
(3)
The buffer yard shall be a landscaped area free of structures,
dumpsters, commercial or industrial storage, or display, signs, manufacturing
or processing activity, materials, loading and unloading areas, or
vehicle parking or display.
(4)
Fence. Any wall or fence in a buffer yard shall be placed on
the inside (nonresidential side) of any required plant screening.
(5)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen shall have
a minimum height when planted of four feet. In addition, an average
of one deciduous shade tree, with a minimum trunk diameter of two
inches measured six inches above the finished ground level, shall
be placed for each 50 feet of length of the buffer yard. The shade
trees may be clustered or spaced unevenly.
(b)
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 mostly solid year-round visual screen at least six
feet in height.
(c)
The plant screen shall be placed so that, at maturity, the plants
will not obstruct a street or sidewalk.
(d)
The plant visual screen shall extend the full length of the
lot line, except for:
[1]
Township-approved points of approximately perpendicular vehicle or
pedestrian ingress and egress to the lot;
[2]
Locations necessary to comply with safe sight distance requirements
where the plantings cannot feasibly be moved further back; and
[3]
Locations needed to meet other specific state, Township and utility
requirements, such as stormwater swales.
(e)
American arborvitae and similar weak-stem plants shall not be
used to meet the buffer yard requirements. A monotonous straight row
of the same species is discouraged. A more naturalistic form of planting
is encouraged, with a mix of species. If more than 20 evergreen plants
are proposed, no more than 50% shall be of one species.
(f)
Evergreen trees should be planted at diagonal offsets so that
there is room for future growth of the trees.
(g)
The plant screening shall primarily use evergreen trees.
(h)
If existing healthy trees with a trunk diameter of six inches
or greater (measured 4.5 feet above the ground level) exist within
the buffer yard, they shall be preserved to the maximum extent feasible.
The Zoning Officer may certify that preserving existing mature trees
and shrubs within the buffer yard will meet the same purposes as the
new plant screening. In such case, part or all of the new plant screening
may be waived, in writing, by the Zoning Officer.
(i)
The use of earth berms in combination with landscaping is encouraged
within buffer yards to provide additional protection to dwellings
and residential areas. An earth berm may be required as a condition
of a conditional or special exception use approval.
(6)
Buffer yard plans. Prior to the issuance of a permit under this
chapter where a buffer yard would be required, and on any required
subdivision or land development plan, the applicant shall submit plans
showing:
A.
Any part of a commercial, industrial, institutional or apartment
lot which is not used for structures, loading areas, parking spaces
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. Landscaped areas shall be kept
free of debris, rubbish, and noxious weeds.
C.
Street trees. As part of the creation of a new lot for any use, the
construction of a new principal nonresidential building, a new land
development, or development of a parking area for six or more parking
spaces, deciduous shade street trees shall be planted between such
lot lines, building and/or parking area and any adjacent public street(s).
This requirement shall not apply along street segments where existing
healthy trees will be preserved and protected during construction
that will serve the same purpose.
(1)
Number. A minimum average of one such tree shall be planted
for each 50 feet of length of street right-of-way around the lot.
(2)
Location. Such trees shall be placed with the trunk immediately
outside of the street right-of-way, or an alternative location acceptable
to the Township.
(3)
Ordinance. Such street trees shall be planted in a manner approved
by the Township Engineer to avoid conflicts with sidewalks and utilities.
(4)
Buffer. Where shade trees may be required under the buffer yard
provisions, the same tree may be used to count towards both requirements.
D.
Parking lot landscaping.
(1)
A minimum of one deciduous tree shall be required for every
15 new off-street parking spaces.
(2)
If a lot will include 30 or more new parking spaces, landscaped
islands shall be provided within automobile parking areas. Otherwise,
the trees may be planted around the parking area.
(3)
Deciduous trees required by this section shall meet the following
standards:
(a)
Type of trees permitted. Required trees shall be chosen from
the following list of approved street trees. The Shade Tree Commission
or Board of Commissioners may approve a proposal for an alternate
species if the applicant proves such species would shade paved areas,
be resistant to disease, road salt and air pollution and be attractive
and sturdy.
Types of Permitted Deciduous Trees
| ||
---|---|---|
Botanical Name
|
Common Name
| |
Acer rubrum
|
Red maple
| |
Acer saccharum
|
Sugar maple
| |
Carpinus betulus
|
European hornbeam
| |
Celtis occidentalis
|
Common hackberry
| |
Fagus sylvatica
|
European beech
| |
Fraxinus americana
|
White ash
| |
Fraxinus pennsylvanica
|
Green ash
| |
Ginkgo biloba fastigiata
|
Maiden hair tree (male only; female has noxious odor)
| |
Gleditsia triacanthos
|
Thornless locust
| |
Liriodendron tulipifera
|
Tulip poplar
| |
Ostrya virginiana
|
Hop-hornbeam
| |
Quercus
|
All species of oaks
| |
Sophora japonica
|
Scholar tree/pagoda tree
| |
Tilia americana
|
American linden
| |
Tilia cordata
|
Littleleaf linden
| |
Tilia euchlora
|
Crimean linden
| |
Tilia tomentosa
|
Silver linden
| |
Ulmus hybrids
|
Homestead or sapporo autumn gold
| |
Ulmus parviflora
|
Chinese or lacebark elm, not including Siberian elm
| |
Zelkova serrata
|
Zelkova
|
NOTE: This chapter only regulates the species of
trees that are used to meet requirements of the Township. The species
of trees that are not required by Township ordinances are not regulated.
|
(b)
Quality of trees. Required trees shall be of symmetrical growth
and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at a height of six
inches above the finished grade level) shall be a minimum of two inches
or greater.
(4)
Parking lot landscaping. A minimum vegetative area shall be
provided that includes at least a four-foot minimum radius around
all sides of the trunk of each required deciduous tree within or adjacent
to a parking lot.
E.
Review and approval. Where landscaping is required by this chapter,
the applicant shall submit a landscaping plan, in addition to a site
plan, showing proposed initial sizes, locations and species of plantings.
F.
Landscape maintenance. All tree, buffer yard and other landscaping
required by this chapter shall be perpetually maintained by the property
owner. Any landscaping needed to meet a chapter requirement that dies,
is removed, or is severely damaged shall be replaced by the current
property owner, on a one-to-one basis, as soon as is practical considering
growing seasons, within a maximum of 150 days.
G.
Stormwater basin landscaping. The following requirements shall apply
to landscaping within and around stormwater management basins:
(1)
All areas of stormwater management basins, including basin floors,
side slopes, berms, impoundment structures, or other earth structures
shall be planted with suitable vegetation, such as meadow plantings
or grasses specifically suited for stormwater basins.
(2)
Trees and shrubs shall be planted around stormwater basins.
However, trees and shrubs shall not be planted in locations that would
interfere with the function of the basin, such as within 30 feet from
the outlet/drain structure, emergency spillway or dam. A minimum average
of two trees and 10 shrubs shall be required to be planted around
the basin for every 100 linear feet of basin perimeter. Such perimeter
shall be measured at the elevation of the top of the berm. Such trees
and shrubs shall be in addition to other Township requirements. Trees
shall have an initial trunk diameter of two inches, measured six inches
above the ground. Shrubs shall have an initial height of four feet.
(3)
Natural ground cover plant species shall be planted in the floors
and slopes of the basin. These ground covers may include wildflowers,
meadows or nonaggressive grasses. Species shall be chosen that are
suitable for the expected wetness of various portions of the basin.
The plantings shall provide a continuous cover over all earth areas
of the basin. The plantings shall not interfere with the proper functioning
of the basin, in the determination of the Township Engineer.
(4)
Lawn grass areas may be sodded or hydroseeded to minimize erosion
during the establishment period. Once established, turf grass areas
on nonwet areas of the basin shall be maintained at a height of not
more than six inches.
(5)
To the maximum extent feasible, stormwater basins shall be designed
with slopes that blend with the surrounding topography. Areas intended
to be mowed shall have a maximum slope of 3:1.
A.
Proof and registration of nonconformities. It shall be the responsibility
of, with the burden of proof upon, 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 of nonconformities.
(1)
A lawful nonconforming use, structure or lot as defined by this
chapter may be continued and may be sold and continued by new owners.
(2)
Any expansion of, construction upon or change in use of a nonconformity
shall only occur in conformance with this section.
(3)
If an existing use was not lawfully established, it shall not
have any right to continue as a nonconforming use.
C.
Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under Subsection D:
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded, provided that:
[1]
Such action will not increase the severity or amount of the
nonconformity (such as the area of the building extending into the
required yard) or create any new nonconformity; and
(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.
(c)
Extension along a nonconforming setback. If an existing building
has a lawfully nonconforming side or rear building setback, additions
may occur to increase the height above such setback or to extend other
portions of the building out to the nonconforming side or rear setback
line, provided that:
[1]
The structure shall not be extended beyond the existing nonconforming
setback line;
[2]
No additional nonconformity is created;
[3]
The new nonconforming extension is not greater than 25% of the
existing floor area of the building being expanded;
[4]
All other requirements of this chapter shall be met; and
[5]
Such additions shall not be permitted for a nonresidential building
that abuts an existing primarily residential use.
(d)
As a special exception, the Zoning Hearing Board may approve
a reduction of up to 50% in a side or rear setback for an existing
dwelling if the applicant proves such setback is necessary to allow
a customary addition of such dwelling or a replacement of an existing
undersized dwelling with a new dwelling. This subsection shall not
allow a reduction in setback to increase the number of dwelling units
on the lot, except for a unit for care of relative.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. A single permitted
by right principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot, provided all of
the following additional requirements are met:
(b)
Lot width. The fact that an existing lawful lot of record does
not meet the minimum lot width requirements of this chapter shall
not by itself cause such lot to be considered to be a nonconforming
lot.
(3)
Expansion of a nonconforming nonresidential use. 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 more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(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 land area covered by the nonconforming use, whichever is
more restrictive, shall not be increased by greater than 50% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
[1]
The above maximum increase shall be measured in aggregate over
the entire life of the nonconformity. All expansions of the nonconforming
use and/or building(s) that occurred since the use originally became
nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this chapter, unless the Zoning
Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming
residential use may be expanded as a permitted by right use, provided
that the number of dwelling units or rooming house units are not increased;
the expansion meets all applicable setbacks; no new types of nonconformities
are created; and a nonconformity is not made more severe. A lawfully
nonconforming dwelling in a business district may follow the dimensional
requirements for the R-M District and may add customary accessory
uses.
(5)
Nonconforming sign. The provisions of this chapter shall not
provide a right to expand or extend a nonconforming sign. Instead,
any expansions or extensions of a nonconforming sign shall comply
with this chapter.
D.
Damaged or destroyed nonconformities. A nonconforming structure or
nonconforming use that has been destroyed or damaged may be rebuilt
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 six months afterwards and continues;
and no nonconformity may be newly created or increased by any reconstruction.
The property shall be properly secured during such time in such a
way to keep out trespassers and to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the provisions of this section in Subsection D, Damaged or destroyed nonconformities.
(2)
The applicant shall be responsible to provide clear and convincing
evidence that the nonconformity was not abandoned. If the building
space was actively under renovation or there were active efforts to
market or seek financing for the property for a nonconforming use,
then, during such period, abandonment shall not be presumed to have
occurred.
(3)
An existing lawful separate dwelling unit may be unrented for
any period of time without being considered abandoned under this chapter.
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 a different nonconforming
use only if approved as a special exception by the Zoning Hearing
Board. However, special exception approval is not needed for a simple
change within an existing building from one lawful nonconforming retail
store use to another retail store use or from one lawful nonconforming
personal service use to another personal service use, provided that
the new use complies with any Zoning Hearing Board conditions that
applied to the previous use and is not more objectionable in external
effects than the previous use.
(3)
Where special exception approval is required for a change of
a nonconforming use, the Board shall determine whether the applicant
has provided sufficient proof to show that the proposed new use will
be equal or less objectionable in external effects than the preexisting
nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire,
hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming
adult use.
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.
[Added 3-8-2017 by Ord.
No. 2017-5]
Firewood must be stacked neatly and systematically and meet
the following requirements:
A.
Stacks of firewood maintained for personal, residential use shall
not be stored to a height in excess of five feet in height, four feet
in width and 10 feet in length.
B.
Stacks of firewood shall be a minimum of five feet from any property
line.
C.
Stacks of firewood shall not be stored in the front yard.
D.
On a corner lot, through lot or a lot abutting an alley, stacks of
firewood shall not be stored in the street right-of-way or sight distance
triangle of intersections and/or driveways.
E.
Stacks of firewood shall be placed either directly on a decay-resistant
surface or elevated at least four inches off the ground.
F.
Firewood storage on a porch shall not exceed two feet in height,
three feet in width and two feet in depth, or 10% of the porch area,
whichever is smaller.