[Amended 4-24-1984 by Ord. No. 3-1984]
A building may be erected, altered or used and
a lot may be used or occupied for any one of the following purposes,
and no other:
A. Single-family detached dwelling.
B. Woodlands, game preserve or other conservation purpose.
C. Public school and public park owned and operated by
a public agency.
D. Agriculture, provided that any building used for the
keeping of livestock, poultry and horses shall be located not less
than 100 feet from any street line and not less than 50 feet from
any other property line.
[Amended 10-27-1997 by Ord. No. 5-1997; 9-11-2000 by Ord. No. 6-2000; 6-25-2001 by Ord. No. 4-2001; 9-1-2022 by Ord. No. 2-2022]
E. Township or governmental use.
[Amended 4-12-1994 by Ord. No. 1-1994; 12-15-2014 by Ord. No.
8-2014]
F. The following uses when authorized by the Zoning Hearing Board as a special exception, subject also to the requirements of §
139-122:
(1) Educational or religious use, other than as permitted
above.
(2) Two- or three-family dwelling converted in accordance with the provisions of §
139-92.
(3) Private nonprofit country club, hunt club or similar
club or lodge for recreational, fraternal or social purpose, provided
that the principal activity shall not be one which is customarily
carried on as a business.
(4) Private nonprofit recreational area.
G. Notwithstanding the limitations set forth above, permitting one principal use only on each lot, accessory uses are also permitted on the same lot with the principal use, provided that such accessory use is on the same lot with the permitted principal use and is customarily incidental to the principal use on said lot, which principal use shall be any one of the uses permitted in Subsections
A through
F above, inclusive. Except for the following, an accessory use shall not include a business:
[Amended 4-24-1984 by Ord. No. 3-1984; 7-10-1990 by Ord. No.
3-1990; 9-26-1995 by Ord. No. 7-1995; 9-11-2000 by Ord. No.
6-2000; 12-9-2002 by Ord. No. 10-2002; 7-19-2004 by Ord. No.
6-2004; 9-1-2022 by Ord. No. 2-2022]
(1) Private swimming pool, garage, stable, greenhouse
or tennis court.
(2) A home occupation use, subject to the provisions for
no-impact home-based business contained in Act 247, the Pennsylvania
Municipalities Planning Code (MPC), as amended, and as herein listed:
(a)
No-impact home-based businesses are those businesses
or commercial activities administered or conducted as an accessory
use which is clearly secondary to the use as a residential dwelling
and which involves no customer, client or patient traffic, whether
vehicular or pedestrian, pickup, delivery or removal functions to
or from the premises, in excess of those normally associated with
residential use.
(b)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(c)
The business shall employ no employees other
than family members residing in the dwelling.
(d)
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
(e)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(f)
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(g)
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(h)
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
(i)
The business may not involve any illegal activity.
(j)
The permission granted herein shall not supersede
any deed restriction, covenant or agreement restricting the use of
land, nor any master deed, bylaw or other document applicable to a
common-interest ownership community.
(3) An accessory apartment, provided that:
(a)
A zoning permit as required by §
139-113 below is obtained prior to occupancy thereof and is annually renewed thereafter;
(b)
The payment and/or receipt of rent or other
consideration, no matter how or in what form demanded or paid in connection
therewith, shall be prohibited;
(c)
The title owner of the principal residence shall
reside on the premises throughout the period of occupancy of the accessory
apartment;
(d)
No more than one accessory apartment shall be permitted with respect to a principal residence unless conversion to a three-family use is permitted by the Zoning Hearing Board pursuant to §
139-92 below;
(e)
There shall be a suitable common internal access
to the apartment and the principal residence;
(f)
The residents of the apartment shall be related
by blood, marriage or adoption to the owner(s) of the principal residence;
and
(g)
The residents of the apartment shall not maintain
more than two motor vehicles.
(4) Direct commercial sales of agricultural commodities
upon property owned and operated by a landowner who produces not less
than 50% of the commodities sold. Such direct sales shall be authorized
without regard to the 50% limitation under circumstances of crop failure
due to reasons beyond the control of the landowner.
(a) Any structure used for such sale shall be located not less than 40
feet from any street line;
(b) Not more than two signs advertising the sale of such agricultural commodities may be erected and maintained in compliance with the provisions of §
139-110.
(c) Any structure used for the direct commercial sale of agricultural
commodities shall be removed or kept in good condition during seasons
in which agricultural commodities are not being offered for sale.
(d) Marketing activities in furtherance of, or customarily incidental
to, the sale of agricultural commodities shall also be permitted,
provided that all revenue collected is related to the sale of agricultural
commodities. Such marketing activities include, but are not limited
to, pick-your-own and cut-your-own produce, instruction to customers
in horticulture or other disciplines related to the agricultural commodities
produced by the owner or operator of the property, tastings and free
samples of agricultural commodities, and tours of the agricultural
facilities on the property.
[Added 1-23-2023 by Ord.
No. 1-2023]
(5) Signs when erected and maintained in accordance with the provisions of Article
XVIII of this chapter.
Each lot must have access to a street as defined in Chapter
123, Subdivision and Land Development, which street may be either publicly or privately owned, such access to be of a minimum, contiguous width of 25 feet at the place of abutment of the lot with the street and at every point from the place of abutment to the remainder of the lot which is to be used for access to and egress therefrom.
[Amended 4-24-1984 by Ord. No. 3-1984]
A. Notwithstanding the limitations set forth above, limiting
each lot to one principal use, on lots of 10 acres or larger, an additional
principal use shall be permitted for each 10 acres held as a single
lot (e.g., a lot of 35 acres may have three total principal uses,
a lot of 45 acres may have four total principal uses, etc.), provided
that each principal use shall be sited on the lot so that a new lot
can be created for each such principal use in accordance with the
statutes, ordinances and regulations of the Commonwealth of Pennsylvania
and the Township of Willistown in effect at the time of the creation
of the additional principal use.