These regulations shall apply to every zoning district unless
otherwise specified in this chapter.
Every building and structure hereafter erected or moved shall
be on a lot adjacent to a public street or a private street approved
by the Township Supervisors or on a lot for which a legally recorded
right-of-way access to a public street or approved private street
existed prior to the effective date of this chapter. After the effective
date of this chapter, no lot shall be created unless it abuts a public
street or a private street approved by the Township Supervisors; except
that, in the case of a structure related to public sanitary sewer
and water systems, such structure may be placed on a lot which is
not adjacent to a public or private street as long as a legally recorded
right-of-way access to such a street will exist. For the purposes
of this section, a service street (alley) shall not constitute a public
street or highway.
A.
Attached structures. Any accessory structure attached to a principal
structure is considered a part of the principal structure for all
regulatory purposes.
B.
Nonattached structures. Any accessory structure, standing apart from
a principal structure, is permitted in the rear yard but shall not
be located closer than five feet to any side or rear property line,
except for structures larger than 150 square feet, which shall comply
with principal structure setback requirements. In the AP and RC Zone,
a nonattached accessory structure shall be permitted in the front
or side yard, provided 1) the lot is five acres or more, 2) the nonattached
structure has a minimum front setback of 100 feet and 3) the nonattached
structure shall be at least 100 feet from any residence on adjoining
properties.
[Amended 9-6-2011 by Ord. No. 190-11; 6-7-2016 by Ord. No. 210-16]
(1)
Utility sheds may be located within a required side setback area
but shall not be located closer than five feet to any side property
line.
(2)
No apartment(s) or living quarters shall be located in an accessory
structure.
(3)
Farm produce stands may be placed in a front yard area, but shall not be placed within a street right-of-way. When located in a zone other than an AP or RC Zone, such stands must be removed when products are no longer on sale. (See § 133-44.)
(4)
The maximum height of an accessory structure in a particular zone
shall be as required in the height regulations of that zone.
(5)
The combined maximum size of the building area of all accessory structures
on a lot (measured in square feet) is regulated by the size of the
lot on which they are located multiplied by 0.025 (2.5%).
(6)
Other than as listed above, for all other requirements, a nonattached
structure is considered the same as a principal structure.
C.
Fences and walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front or side yard area or more than six feet in any rear yard area in any residential zone or upon any lot used for residential purposes in any other zone. In a C or I Zone, a fence may be erected to eight feet in height in any yard area but no higher. The above fencing height restrictions apply universally, except as modified in Article VI of this chapter.
D.
Satellite dish antennas. Receiver dishes over 36 inches in diameter
are subject to the following constraints:
(1)
Such devices shall not be roof-mounted.
(2)
Such devices shall not be placed in any required setback area.
(3)
Such devices must be located to the rear of the dwelling unit on
any residential lot.
(4)
No dish antenna on a residential lot shall exceed an overall height
of 18 feet above the ground or an overall diameter of 12 feet.
(5)
No more than one dish antenna is permitted per building lot.
(6)
Such devices must be appropriately screened or fenced so as not to
be visually obtrusive to neighboring properties.
E.
Satellite dish antennas 36 inches or less in diameter are permitted
by right in all zoning districts, subject to the following criteria:
(1)
Demonstration by the applicant that compliance with the applicable
yard, setback, and height restrictions would result in the obstruction
of the antenna's reception window, if it were ground-mounted; furthermore,
that such obstruction involves factors beyond the applicant's control.
(2)
The satellite dish antenna must be set back at least the horizontal
distance equal to its maximum height above ground, from all property
lines.
(3)
The allowance of a satellite dish antenna(s) shall in no way place
liability upon the Township for the obstruction of the antenna's reception
window due to permitted construction on adjoining or nearby properties.
Any arrangements made to protect the antenna's reception window shall
be between private parties and not the Township.
(4)
To protect aesthetics, such devices must be placed so that the dish
is not visible from the front of the property. If this results in
the obstruction of the satellite's reception window, every effort
should be made to install the satellite dish in a way that is least
visually obtrusive to surrounding properties.
(5)
A maximum of two satellite dishes per structure are permitted. Installation
of any additional dishes may be permitted in the case of multiple-family
dwellings when approved by the Township.
A.
Every outdoor swimming pool shall conform to all applicable requirements
of state law.
B.
An outdoor swimming pool is permitted only in a side or rear yard
area and must be at least 10 feet from all lot lines. This requirement
applies to any part of the pool structure.
C.
Every outdoor swimming pool, spa, or hot tub, if not covered by a
rigid, secure cover which eliminates potential access by children
and unauthorized persons, must be completely surrounded by a fence
or wall that has a height of not less than four feet above the ground.
The fence or wall shall be constructed so as not to have openings,
holes, or gaps larger than two inches in any dimension. All gates
or doors opening through such enclosure shall be equipped with a self-closing
and self-latching device for keeping the gate or door securely closed
at all times when not in actual use, except that the door of any dwelling
which forms a part of the enclosure need not be so equipped.
D.
An outdoor aboveground pool that has a water-containing wall of at least four feet in height serving in lieu of the fencing requirement in Subsection C shall have access by a removable or retractable ladder, which must be removed or retracted when not in use. In the event that an outdoor swimming pool that has a part or all of its water-containing wall or barrier above the level of the surrounding ground and does not have a retractable or removable ladder that is accessible at ground level at a height less than four feet or has a fixed ladder or steps, said wall or barrier shall not be construed to satisfy fencing requirements, and a separate fence meeting all of the requirements of Subsection C above must be provided. In such cases, the fence may be affixed to or upon the water-containing wall of a swimming pool or may be entirely separate from it, as long as all other requirements of this section are met.
E.
Water shall not be discharged from any swimming pool onto any adjoining
property.
A.
Vehicle storage.
(1)
Except as provided in § 133-63 of this chapter, in all zones, dismantled or partially dismantled or abandoned automobiles, tractors, recreational vehicles, trailers, and trucks must be parked or stored within an enclosed building.
(2)
In a residential zone, any vehicle that exceeds eight feet in height
or exceeds 21 feet in length, when not placed within an enclosed building,
shall be placed between the front wall of the principal building and
the rear setback line. Such vehicles may not be placed within a side
setback area.
B.
Outdoor stockpiling. In a Residential, Village, or Agricultural Zone, tire stockpiles, metal pipes, automobile parts, and similar objects and materials must be stored in a garage or an enclosed storage structure. In a commercial or industrial zone, such items must be stored in a garage or enclosed storage structure or be completely shielded by landscaping, walls, or fencing so as to screen the object(s) in all seasons of the year from the street or adjoining properties. All such storage must be accessory to an existing principal building, except as provided in § 133-63 of this chapter.
D.
Front yard. In all zones, no outdoor stockpiling of any material
or outdoor storage of trash is permitted between the front wall of
the principal building and the street line. Automobile wrecking and
junkyard operations are exempt, so long as such uses comply in all
other respects with applicable regulations.
A.
Front setbacks of buildings on built-up streets. Where at least two
buildings are fronting on the same side of a street as the lot in
question, within the same block as the lot in question, set back a
lesser distance than required, and not more than 100 feet from the
lot in question, the average of the lesser setbacks shall become the
required minimum front setback for the lot.
B.
To protect residential uses from adverse influences of traffic and
restrict major thoroughfares to their traffic function, buildings
(including residential and nonresidential buildings) along these thoroughfares
must be set back at least 50 feet from the right-of-way line of the
thoroughfare. Major thoroughfares are or will be any arterial streets
and collector streets specified in the Jackson/Paradise Joint Comprehensive
Plan.
C.
Sight distance. Proper sight lines must be maintained at all street
intersections. Corner lots must have a clear sight triangle with sides
at least 75 feet in length measured along the center line of the street.
This does not apply to alleys. No building or construction is permitted
within such triangles. However, obstructions or plantings less than
three feet in height, as measured from the grade of the roadway, shall
be permitted. Posts, columns and trees shall be permitted if not obstructing
the clear sight triangle.
D.
Setback on corner lots. Corner lots shall have two front setbacks,
the second of which exists in lieu of one side setback.
E.
Setback on reverse-frontage or double-frontage lots. In the case
of reverse-frontage or double-frontage lots, two front setbacks and
two side setbacks shall be provided.
F.
Accessory or appurtenant structures. The setback regulations do not
apply in the following cases:
The height regulations do not apply to the following projections
and structures, provided that the height of any such projection or
structure above its base, or the average grade level if self-supporting,
shall not be greater than the shortest distance measured along a horizontal
plane from such base to any lot line:
A.
Structures such as chimneys, water towers, standpipes, flagpoles,
television antennas, radio towers, or cranes and other support structures
or devices.
B.
Structures on buildings such as clock towers, cupolas, water tanks,
and other mechanical appurtenances, if such structures, at any level,
do not cover more than 25% of the roof on which they are located.
C.
Parapet walls or cornices solely for ornamental purposes if not in
excess of five feet in height.
D.
Farm buildings and structures.
All dwelling units must conform to the minimum habitable floor
area as follows:
A.
General regulations for all signs.
(1)
Determination of size. The size of the sign shall refer to the area
of the sign facing, including any border framing or decorative attachments.
In the case of open signs made up of letters, figures and designs,
the space between such letters, figures and designs shall be included.
Where a sign has two or more faces, the area of all faces shall be
included in determining the area of the sign; except that where two
such faces are placed back-to-back and at no point more than three
feet from one another, the area of the sign shall be taken as the
area of one face if the two faces are of equal area or as the area
of the larger face if the two faces are of unequal size.
(2)
Location/projection of signs.
(a)
Signs must be located so that they do not interfere with any
clear sight triangle, as defined by this chapter.
(b)
For all uses, an advertising sign and a business sign must be
at least 60 feet apart, and no sign exceeding 30 square feet in area
may be located within 75 feet of a Residential, Village, or Agricultural
Zone.
(c)
No sign shall project over a public sidewalk area or over a
public highway or street unless specifically authorized by other Township
or state regulations.
(d)
No sign shall project more than 35 feet above the ground.
(3)
Illumination of signs.
(a)
Flashing, rotating, animated, and intermittent lights are permitted
only in the Commercial Zone within the Township. No flashing, rotating,
animated, or intermittent lights or signs with red, amber, and green
light configurations that simulate traffic control signals are permitted.
(b)
Signs permitted in the residential zones shall be illuminated
only by indirect lighting and shall not be illuminated between the
hours of 11:00 p.m. and 6:00 a.m.
(c)
A sign may be illuminated only if the lighting is so screened
that it is not directed or reflected toward any adjacent residence
or so it does not obstruct the vision of motorists. No spotlights
or floodlights shall be higher than 15 feet above ground level.
(d)
Signs which are illuminated in the colors red, green, or amber,
either by colored bulbs or tubing, or in high reflection by the use
of special preparations such as fluorescent paint or glass, may not
be located within a radius of 200 feet of a highway traffic light
or similar safety device or from the center of any street intersection.
(4)
Signs painted on buildings. Advertising painted upon, or displayed
upon, a barn or other building or structure shall be regarded as an
advertising sign, and the regulations pertaining thereto shall apply.
(5)
Signs within a building. Nothing in these regulations shall be construed
as prohibiting signs intended for viewing principally from within
a building or signs temporarily attached to the inside face of a display
window and/or door, announcing a sale or similar feature, provided
that the latter shall not occupy more than 33 1/3% of the total
display window or door area. Such signs shall be permitted in addition
to any of the specific sign types designated on the charts to follow.[1]
[1]
Editor's Note: Sign Charts A and B are included at the end
of this chapter.
(6)
Construction and maintenance. Signs must be constructed of durable
materials, maintained in good condition, and not allowed to become
dilapidated.
(7)
Termination of enterprise. Upon termination or abandonment of a use
in any district, all signs pertaining to the enterprise must be removed
within 30 days of such termination.
B.
Permitted permanent signs. Only the types of permanent signs listed
on Chart A, which follows,[2] shall be permitted throughout the Township. Permanent signs must conform to the standards set forth in Chart A as well as satisfy the general regulations of Subsection A. Building permits shall be required for all permanent signs.
[2]
Editor's Note: Sign Chart A is included at the end of this chapter.
C.
Permitted temporary signs. Only the types of temporary signs listed
on Chart B, which follows,[3] are permitted throughout the Township. Temporary signs must conform to the standards set forth in Chart B as well as satisfy the general regulations of Subsection A.
[3]
Editor's Note: Sign Chart B is included at the end of this chapter.
D.
Advertising signs. Advertising signs shall be permitted in the Commercial Zone, subject to the provision of Subsection A and the following criteria:
(1)
No advertising sign shall exceed an overall size of 300 square feet
nor exceed 35 feet in height.
(2)
No advertising sign or billboard shall be located within 500 feet
of another advertising sign.
(3)
All advertising signs shall be a minimum of 50 feet from all side
and rear property lines.
(4)
All advertising signs shall be set back a minimum distance from the
street right-of-way line that is equal to the height of the sign or
10 feet, whichever is greater. Where the top of the sign is level,
that is, perpendicular to a vertical plumb line, the height of the
sign shall be determined by measuring the distance from ground level
to the highest point on the sign nearest the street right-of-way.
In cases where the top of the sign is slanted or of irregular elevation,
the minimum required setback from the street right-of-way shall be
equal to the distance from the highest point of the sign to the ground
level.
(5)
No advertising sign shall obstruct the vision of motorists or adjoining
commercial or industrial uses which depend upon visibility for identification.
E.
Portable signs. Portable signs shall be permitted in a Commercial
Zone, subject to the following requirements:
(1)
A sign permit must be obtained from the Township Zoning Officer.
(2)
The sign may be illuminated only by indirect lighting.
(3)
The placement of such signs shall not interfere with traffic or sight
distance at street intersections or access to a public right-of-way.
(4)
No portable signs shall contain changeable copy.
F.
Prohibited signs. It shall be unlawful for any person, firm or corporation
to erect any sign in the Township unless it is specifically permitted
in this section. Unlawful signs include but are not limited to:
(1)
Any sign which, by color, shape or location, conflicts with or resembles
a traffic signal device.
(2)
Signs attached to rocks, utility poles, traffic signposts, traffic
signal or control devices, street signs, or historical markers.
(3)
Signs attached to trees, shrubs or any living vegetative matter.
(4)
Any sign, outside of the Commercial Zone, which advertises or publicizes
an activity or business not conducted on the premises, except civic
event signs.
(5)
Signs erected without the permission of the property owner or authorized
agent.
(6)
Signs that create hazards to operators of vehicles and pedestrian
traffic; signs which may interfere with, obstruct the view of, or
be confused with any authorized traffic sign, signal, or device.
(7)
Flashing, rotating, animated, and intermittent signs, other than
in the Commercial Zone, subject to the restrictions of this section.
(8)
Any sign that obstructs free ingress to or egress from a required
door, window, fire escape or other required exit.
(9)
Signs or lettering on vehicles parked for extended periods of time
to circumvent the regular sign regulations.
(10)
Abandoned signs.
(11)
Signs that exhibit statements, words or pictures of obscene
or pornographic subjects including those that depict sexual conduct
and /or depict sexually explicit nudity.
(12)
Roof signs.
(13)
Wall signs that cover windows or architectural detail.
(14)
Pennants.
(15)
Signs with reflective backgrounds or elements.
(16)
Beacon lights.
(17)
National trademark signs and logos of companies other than the
business on the premises.
(18)
Banners exceeding in size more than 10% of the façade
of the structure on which they are used; banners used for more than
30 days unless permission is secured from the Township Supervisors.
(19)
Banners suspended over roadways, public driveways, or access
drives.
G.
Exempt signs. The following signs shall be allowed without a sign
permit and shall not be included in the determination of the number
or sign area of other signs allowed within a zoning district, subject
to the restrictions of this section:
H.
Regulation of legally nonconforming signs. Signs on the premises
of legally nonconforming uses, such as an office in a residential
area, may remain until the existing use of the premises is discontinued,
subject to the regulations of this section.
(1)
If a legally nonconforming sign lists more than one business, new
businesses may be added without affecting the nonconforming status
of the sign. However, the sign may not be altered in any way that
extends the sign's nonconformity in any manner.
(2)
Nothing in this section shall relieve the owners or users of legally
nonconforming signs, or the owners of the property on which legally
nonconforming signs are located, from any provisions of this section
regarding the safety, maintenance, and repair of signs.
(3)
Should 50% or more of any legally nonconforming sign be damaged by
any means, it shall be removed and not reconstructed except in conformity
with the provisions of this section.
(4)
Any business that has closed shall remove any signs associated with
the business within 60 days after it closes. The owner of the premises
shall have the responsibility to ensure such signs are removed within
the sixty-day period.
(5)
The existence of a legally nonconforming sign on a single- or multiple-occupancy
premises shall not prevent the erection or placement of another sign
on the premises if the new sign meets the requirements of this section.
However, the total number of signs and the size and area of the signs
shall not exceed the requirements of this section.
(6)
A legally nonconforming sign shall immediately lose its legally nonconforming
designation if the sign is altered in any way. At that point, the
sign shall be immediately brought into compliance with this section
and a new permit secured, or the sign shall be removed.
A.
Size of parking space. The parking space must have an area of not
less than 200 square feet, exclusive of passageways and driveways
appurtenant to the space and giving access to it. The parking space
must be a minimum rectangular size of 10 feet wide by 20 feet long.
Where five or more parking spaces are required, the total parking
area, including passageways and driveways, must average 300 square
feet per required parking space.
B.
Spaces required.
(1)
Off-street parking spaces must be provided for all uses and for each
building erected or enlarged in accordance with the following schedule.
Uses not specifically listed shall comply with the requirements of
the most-similar use listed.
[Amended 6-7-2022 by Ord. No. 225-2022]
|
Type of Use
|
Minimum of 1 Parking Space for Each
| |
|---|---|---|
|
Residential dwellings, except single-family attached dwellings,
multifamily dwellings and apartments with more than 4 dwelling units
within the development
|
1/2 dwelling unit plus 1 space per bedroom in excess of 2 bedrooms
| |
|
Residential dwellings, for single-family attached dwellings,
multifamily dwellings or apartments with more than 4 dwelling units
within the development
|
1/2 dwelling unit plus 1 space per bedroom in excess of 2 bedrooms
plus 2 common spaces per every 4 dwelling units within the development
| |
|
Rooming house
|
Bedroom
| |
|
Hotel, motel, bed-and-breakfast
|
Guest sleeping room and each employee
| |
|
Group home
|
Occupant
| |
|
Home occupation
|
Nonresident employee, plus 2 additional spaces for the home
occupation
| |
|
Office building
|
300 square feet of gross floor area
| |
|
Retail store or shop
|
200 square feet of gross floor area
| |
|
Convenience store
|
75 square feet of gross floor area
| |
|
Eating establishment (eat-in)
|
80 square feet of gross floor area and ground area (excluding
parking) devoted to patron use on the property, or 3 seats, whichever
requirement is greater
| |
|
Eating establishment (fast-food)
|
2 seats and every 2 employees
| |
|
Bowling alley, billiard room
|
1/2 lane (2 spaces per lane or table)
| |
|
Other recreational establishment
|
200 square feet of gross floor area
| |
|
Outdoor athletic facility
|
4 seats of spectator seating; however, if no spectator seating
is provided, a temporary parking area shall be provided on the site
| |
|
Automobile repair, service station
|
400 square feet of gross floor area and ground area devoted
to repair and service facilities
| |
|
Shopping center, shopping mall, shopping plaza
|
200 square feet of gross floor area
| |
|
School
|
Staff member, plus 1 space per classroom in an elementary or
junior high school and 1 space per 5 students of projected building
capacity in a senior high school or college
| |
|
Other commercial building
|
400 square feet of gross floor area
| |
|
Convalescent home, hospital
|
1/2 bed (2 spaces per bed)
| |
|
Auditorium, house of worship, theater, and other such place
of public assembly
|
200 square feet of gross floor area but not less than 4 seats
| |
|
Professional office of veterinarians, physicians, or dentists
|
5 spaces for each veterinarian, physician, or dentist
| |
|
Animal hospital
|
Per employee and per 4 animals of capacity
| |
|
Financial institution
|
100 square feet of gross floor area, plus 1 for each employee
| |
|
Industrial and wholesale establishment
|
11/2 employees on major shift, but at least 1 space for each
5,000 square feet of gross floor area
| |
|
Funeral home
|
100 square feet of gross floor area
| |
|
Adult-oriented facility
|
100 square feet of gross floor area, plus 1 for each employee
| |
|
Club, lodge, and other similar place
|
100 square feet of gross floor area
| |
|
Outdoor open air retail
|
1/2 vendor (2 spaces per vendor space)
| |
|
Outdoor sales - vehicle sales
|
20% of sales area to be reserved for customer parking
|
(2)
In the case of an addition or enlargement of a building existing
on the date of adoption of this chapter, parking spaces must be provided
to the extent to which the required spaces of the altered or enlarged
building exceed those applicable to the original building or use.
C.
Location. Except as restricted elsewhere in this chapter, a ground-level
parking area/lot is permitted in any yard area, provided that it is
at least 10 feet from any property line. The parking area must be
on the same or nearby lot. If on a nearby lot, the nearest point of
the parking lot shall be not further than the following distances
to the nearest point of the property served: 100 feet in the case
of a commercial use, 300 feet in the case of an industrial or institutional
use, and 200 feet in the case of a residential use.
D.
Layout. Parking areas must be arranged so there will be no need for
motorists to back over public rights-of-way.
E.
Parking area adjacent to street. For multifamily and nonresidential
use where a parking area or other area open to movement of vehicles
abuts the right-of-way of a public street, a pipe railing, post-and-chain
barricade, raised curbs, or equally effective device satisfactory
to the Township Engineer must line the public right-of-way, except
at access points, so that parked vehicles will not extend into the
street right-of-way or sidewalk.
F.
Paving. For all uses in Residential, Village and Agricultural Zones,
and commercial, industrial, and multifamily residential uses in other
zones, all required parking areas and all access drives shall be paved
with concrete or bituminous paving material or other paving material
acceptable to the Township Engineer.
G.
Drainage. All parking lots shall be drained to prevent damage to
other properties or public streets. All parking lots shall be designed
to prevent the collection of standing water on any portion of the
parking lot surface. The Township Engineer must approve the grading
and drainage plan for a parking lot of more than five vehicles.
H.
Marking of parking spaces. Each parking space for a multifamily,
commercial, institutional, or industrial use in a parking area or
lot shall be clearly marked by a permanent, durable, contrasting material.
I.
Lighting. Adequate lighting shall be provided if the parking lot
is to be used at night. Such lighting shall be arranged so as not
to reflect or glare on adjoining properties or streets.
A.
Spaces required. Any building erected, converted, or enlarged for
any nonresidential use shall provide adequate off-street areas for
loading and unloading of vehicles. Such areas shall be provided in
addition to, and independent of, any parking area requirements. Off-street
loading spaces must be provided in accordance with the following schedule:
|
Type of Use
|
Number of Loading Spaces
| |
|---|---|---|
|
Commercial
|
1 space for a gross floor area of 5,000 to 25,000 square feet,
and 1 additional space for each 40,000 square feet of gross floor
area in excess of the first 25,000 square feet
| |
|
Office, financial institution, theater, auditorium, hotel, hospital,
or other institution; bowling alley or other indoor recreational establishment
|
1 space for a gross floor area of 10,000 to 100,000 square feet,
and 1 additional space for each 100,000 square feet in excess of the
first 100,000 square feet
| |
|
Industry or manufacturing
|
1 space for a gross floor area of 2,000 to 25,000 square feet,
and 1 additional space for each 20,000 square feet of gross floor
area in excess of the first 25,000 square feet
| |
|
Wholesale, storage, or warehousing (excludes mini-storage facilities,
for which no loading spaces are required)
|
1 space per establishment, and 1 additional space for each 40,000
square feet in excess of the first 10,000 square feet
|
B.
Size. The minimum sizes of loading spaces are as follows:
|
Use
|
Length
(feet)
|
Width
(feet)
|
Height if Covered or Obstructed
(feet)
| |
|---|---|---|---|---|
|
Industrial, wholesale, and storage uses
|
60
|
12
|
15
| |
|
All other uses
|
40
|
12
|
15
|
C.
Surfacing. All loading areas must be surfaced with a bituminous or
concrete paving material.
D.
Location. The loading area must be arranged so that there will be
no need for vehicles to back over public rights-of-way or cause the
stacking of vehicles on a public street. Except in the Industrial
Zone, no loading area shall be located between the front wall of a
principal building and the street line.
E.
Drainage. All loading areas shall be drained so as to prevent damage
to other properties or public streets. All loading spaces shall be
designed to prevent the collection of standing water on any portion
of the loading area surface.
F.
Lighting. Adequate lighting shall be provided if the loading area
is to be used at night. Such lighting shall not reflect or project
glare on adjoining properties or streets.
A.
Where a Commercial or Industrial Zone or use abuts a Residential,
Village, or Agricultural Protection Zone or use, except for street
frontage, the following shall apply:
(1)
A fence, hedge, earthen berm, or screen acceptable to the Township
must be erected on the site of any use to screen any such use from
the view of the Residential, Village or Agricultural Protection Zone
or use.
B.
The space along the side and rear lot lines in a Commercial Zone
abutting a Residential, Village or Agricultural Protection Zone for
50 feet in depth shall not be used for commercial operations, building,
or storage. The interior 25 feet may be used for parking and access
drives. The exterior 25 feet must be naturally landscaped and have
no impervious ground cover.
C.
Where an outdoor recreation use, other than a golf course, adjoins
a Residential, Village, or Agricultural Protection Zone, on-site fencing
must be constructed or trees and shrubs planted to form an effective
visual and physical barrier.
D.
In all instances where an industrial use adjoins a Residential, Village,
or Agricultural Protection Zone or use, a buffer yard at least 75
feet wide must be located on the site. The interior 25 feet of the
buffer adjacent to the use shall not be occupied by any building or
used for storage but may be used for parking and access drives. The
exterior 50 feet of the buffer adjoining a Residential, Village, or
Agricultural Protection Zone shall not be used for building, storage,
parking, or loading and must be naturally landscaped and have no impervious
ground cover.
A.
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. Plans shall be subject to the review and approval of the Board of Supervisors upon recommendation of the Township Engineer. Drainage plans shall be consistent with local and regional drainage plans and shall comply with Chapter 107, Stormwater Management, as amended from time to time.
A.
Width. Within 10 feet of the street right-of-way, driveways may not
exceed 20 feet in width.
B.
Number. The number of driveways may not exceed two per lot on any
one street frontage. The Zoning Hearing Board may grant permission
by special exception for additional driveways where required to meet
exceptional circumstances and where frontage or unusual length exists.
D.
Sight distances. A driveway must be located in safe relationship
to sight distance and barriers to vision as provided by the PennDOT
standards for safe stopping sight distances.
E.
Slope. The driveway may not exceed a slope of 8% within 25 feet of
the street right-of-way line.
F.
Paving. The portion of a driveway within a street right-of-way and
for a distance of 25 feet beyond that right-of-way shall be paved
with a concrete, bituminous, or other paving material acceptable to
the Township Engineer to prevent gravel or other loose material from
being carried onto the street.
G.
Cuts. Where a driveway enters a bank through a cut, unless a retaining
wall is used, the shoulders of the cut may not exceed 50% in slope
within 25 feet of the point at which the drive intersects the street
right-of-way. The height of the bank must not exceed three feet within
10 feet of the roadway.
H.
All lots must have a separate driveway located on the lot which that
drive serves, i.e., one driveway may not serve more than one lot,
except for preexisting, land-locked lots of record.
A.
Width. Access drives shall require a twenty-four-foot right-of-way.
The minimum pavement width for access drives shall be 24 feet (two
twelve-foot traffic lanes).
B.
Number.
(1)
The number of access drives may not exceed one per lot or tract on
any one street frontage. The Zoning Hearing Board may grant permission
by special exception for additional access drives where required to
meet exceptional circumstances and where frontage of unusual length
exists.
(2)
Where access from an arterial or collector street may be necessary
for several adjoining lots, the Township may require that such lots
be served by one or more combined access drives to limit possible
traffic hazards on such streets.
C.
Location and design. Access drives shall have the following characteristics:
(2)
No part of an access drive shall be located closer than three feet
to a property line.
(3)
At its intersection with a street, no part of any access drive shall
be nearer than 50 feet to the intersection of any two street right-of-way
lines.
(4)
Sight distance. A driveway must be located in safe relationship to
sight distance and barriers to vision as provided by the PennDOT standards
for safe stopping sight distances.
D.
Paving. All access drives shall be paved with concrete or a bituminous
paving material, unless another suitable paving material is approved
by the Township. All access drives must meet the minimum construction
and materials specifications of the Township; however, if special
conditions warrant, the Township may require more-stringent provisions.
Where a use involves exterior lighting, the lighting must be
so located and shielded that no objectionable illumination or glare
is cast upon adjoining properties or any adjacent public street.
A.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security
for uses that operate or have activity during hours of darkness where
there is public assembly and traverse, including but not limited to
the following uses: residential developments containing lot sizes
of less than 20,000 square feet, residential developments of greater
than 10 lots, multifamily residential developments, and commercial,
industrial, municipal, recreational and institutional uses.
(2)
The Township Supervisors may require that lighting be incorporated
for other uses or locations or restrict lighting in any of the above
uses when deemed necessary to accomplish the purposes of this chapter.
(3)
The glare-control requirements herein contained apply to lighting
in all above-mentioned uses as well as but not limited to sign, architectural,
landscape, recreational and residential lighting.
(4)
Temporary decorative lighting may be exempted from the requirements
of this chapter when approved by the Zoning Officer for periods of
short duration.
B.
Criteria.
(1)
Illumination levels
(a)
Lighting, where required or permitted by this chapter, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illuminating Engineering Society of North
America (IESNA) as contained in the IESNA Lighting Handbook or separately
in IESNA Recommended Practices.
(b)
Future amendments to said recommended practices shall become
a part of this chapter without further action of the Township.
(c)
Examples of intensities for typical outdoor applications, as
extracted from the Lighting Handbook, are presented below but are
not all-inclusive:
|
Use/Task
|
Maintained Footcandle
|
Uniformity Ratio
| ||||
|---|---|---|---|---|---|---|
|
[1]
|
Streets, local commercial
|
0.9 avg.
|
6:1 avg:min
| |||
|
Streets, local residential
|
0.4 avg.
|
4:1 avg:min
| ||||
|
[2]
|
Parking, multifamily residential:
| |||||
|
*
|
Low vehicular/pedestrian activity
|
0.2 min.
|
4:1 avg:min*
| |||
|
*
|
Medium vehicular/pedestrian activity
|
0.6 min.
|
4:1 avg:min*
| |||
|
[3]
|
Parking, industrial/commercial/institutional/municipal
| |||||
|
*
|
High activity, e.g., regional shopping centers/fast-food facilities,
major athletic/civic/cultural events
|
0.9 min.
|
4:1 avg:min*
| |||
|
*
|
Medium activity, e.g., community shopping centers, office parks,
hospitals, commuter lots, cultural/civic/recreational events
|
0.6 min.
|
4:1 avg:min*
| |||
|
*
|
Low activity, e.g., neighborhood shopping, industrial employee
parking, schools, church parking
|
0.2 min.
|
4:1 avg:min*
| |||
|
[4]
|
Sidewalks, walkways, and bikeways
| |||||
|
*
|
Commercial
|
1.0 avg.
|
5:1 avg:min
| |||
|
*
|
Residential
|
0.5 avg.
|
5:1 avg:min
| |||
|
[5]
|
Building entrances, commercial, industrial, institutional
|
5.0 avg.
|
—
| |||
|
[6]
|
Service station pump islands
|
20.0 avg.
|
4:1 avg:min
| |||
|
[7]
|
Car dealerships
|
20.0 max.
|
5:1 max:min
| |||
|
NOTES:
| ||
|---|---|---|
|
1.
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
| |
|
2.
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for high-activity commercial
parking, the average illuminance shall not exceed 3.6 footcandles
(0.9 x 4).
| |
|
*
|
In no case shall the maximum to minimum uniformity ratio for
parking be in excess of 20:1.
| |
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to the Township Supervisors.
(b)
For the lighting of predominantly horizontal surfaces, such
as but not limited to, roadways, areas of vehicular and pedestrian
passage, loading areas, and parking areas, fixtures, whether freestanding,
wall-mounted, or any other type, shall be aimed straight down and
shall meet IESNA full-cutoff criteria.
(c)
Where the use of fixtures meeting IESNA full-cutoff criteria
is not practical or possible, fixtures shall be equipped with aiming
and/or light-redirecting devices, such as shields, visors, baffles,
skirts or hoods, when necessary to direct or redirect offending light
distribution.
(d)
The use of floodlighting, spotlighting, noncutoff wall-mounted
fixtures, internally illuminated decorative globes and spheres, lanterns
and other fixtures not meeting IESNA full-cutoff criteria shall be
permitted only with the approval of the Township, based upon acceptable
justification and achievement of adequate glare control.
(e)
NEMA-head fixtures, also known as "barn lights" or "dusk-to-dawn
lights," shall not be permitted where they are visible from other
uses, unless fitted with a reflector or shield to render them full-cutoff.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter,
on private, residential, commercial, industrial, municipal, recreational
or institutional property shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse and so as not to create
a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
(b)
The use of floodlights and spotlights shall be so installed
or aimed that they do not project their output beyond the boundaries
of the property on which they are located.
(c)
Unless otherwise permitted by the Township Supervisors, e.g.,
for safety or security or businesses that operate all night or past
11:00 p.m., lighting for commercial, industrial, municipal, recreational
and institutional applications shall be controlled by automatic switching
devices, such as time clocks or combination motion detectors and photocells,
to permit reducing or extinguishing outdoor lighting fixtures between
11:00 p.m. and dawn to mitigate light trespass, nuisance glare and
skylighting consequences.
(d)
Lighting proposed for use after 11:00 p.m., or after normal
hours of operation of a business, whichever is earlier, for commercial,
industrial, institutional or municipal applications shall be reduced
by at least 50% from then until dawn, unless supporting a specific
purpose and approved by the Township Supervisors.
(e)
All illumination for advertising signs, buildings and/or surrounding
landscapes for decorative, advertising or esthetic purposes is prohibited
between 11:00 p.m. and sunrise, except that such lighting situated
on the premises of a commercial establishment may remain illuminated
while the establishment is actually open for business and until one
hour after closing.
(f)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture-mounting height,
wattage, aiming angle and fixture placement.
Demolition of any structure must be completed within 12 months
of the start of such demolition. Completion consists of tearing the
structure down to grade, filling any resulting cavity to grade and
removing all resulting debris from the lot. A structure may be partly
demolished only if a building remains and the demolition of the part
is completed as required in the previous sentence.
A building, the foundation of which was completed before the
effective date of this chapter, may be constructed without being bound
by the requirements of this chapter, provided that the construction
is completed within one year after the effective date of this chapter.
In like manner, a building, the foundation of which was completed
before an amendment, may be constructed if the construction is completed
within one year after the amendment.
No lot may be formed from part of a lot occupied by a building unless the remaining portion of the original lot and each newly created lot will meet all the applicable provisions of this chapter and Chapter 113, Subdivision and Land Development.
On a lot held in single and separate ownership on the effective
date of this chapter or any amendment thereto that does not fulfill
the regulations for the minimum lot area or lot width for the zone
in which it is located, a building may be erected, altered, and used
and the lot may be used for a conforming (permitted) use, provided
that the setback requirements are not less than the minimum specified
herein for the lots in that zone.
A.
Continuance.
(1)
Except as otherwise provided in this section, the lawful use of land
or buildings existing at the date of the adoption of this chapter
may be continued, even though such use of land or building does not
conform to the use regulations specified by this chapter for the zone
in which such land or building is located.
(2)
Any nonconforming lot or structure lawfully existing at the date
of the adoption of this chapter may be continued.
B.
D.
Restoration. If any nonconformity is destroyed by reason of windstorm, fire, explosion or other act of God or a public enemy to an extent of more than 75% of the market value as appraised for tax assessment purposes, then such destruction shall be deemed complete destruction, and the nonconformity may not be rebuilt, restored, or repaired except upon issuance of a variance in accordance with § 133-53 of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof that has been declared unsafe.
E.
Discontinuance or abandonment. A nonconforming use shall be adjudged
as discontinued or abandoned when there occurs a cessation of any
such use or activity by an apparent act or failure to act on the part
of the tenant or owner to reinstate such use within a period of one
year from the date of cessation or discontinuance. Such use shall
not thereafter be reinstated and the structure shall not be reoccupied
except in conformance with this chapter.
F.
Reversion. No nonconformity shall, if once changed to conform to
the regulations of this chapter, be changed back again to a nonconformity.
G.
Zone changes. Whenever the boundaries of a zone shall be changed
so as to transfer an area from one zone to another zone of a different
classification, the foregoing provisions shall also apply to any nonconforming
uses or dimensional nonconformities existing therein or created thereby.
H.
Identification and registration. Nonconforming uses and nonconforming
structures may be identified and registered by the Zoning Officer.
The minimum lot width for residential properties abutting the
turnaround circle of a cul-de-sac street may be calculated at the
minimum front setback line rather than the street line, but in no
case shall the lot width at the street line be less than 50 feet.
A.
From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in Chapter 113, Subdivision and Land Development, and while such application is pending approval or disapproval, no change or amendment of this chapter shall adversely affect the applicant. The applicant shall be entitled to a decision in accordance with the Zoning Ordinance as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.
B.
When a preliminary or final subdivision or land development plan
has been approved or approved subject to conditions acceptable to
the applicant, no subsequent enactment or amendment in this chapter
or the plan shall be applied to affect adversely the right of the
applicant to commence and to complete any aspect of the approved development
in accordance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The retail sale of agricultural commodities is permitted in
the AP, RC, or C Zone on the property where they were produced as
long as the seller is an occupant of the property on which the products
are sold and the sale of such products is clearly accessory to the
principal use.
No newspaper sales machines, vending machines, or any type of
display unit may be placed on a public sidewalk or other public right-of-way.
A.
Location. Dumpsters and other waste receptacles for regular, long-term
use are not permitted on public rights-of-way or public sidewalks
but may be placed on a lot if such receptacles are not located in
or on any required parking area. Such devices shall be included in
calculated lot coverage.
B.
Screening. Dumpsters and waste receptacles for regular, long-term
use must be screened from the view of adjacent Residential, Village,
or Agricultural Protection Zones and residential uses.
C.
Temporary storage receptacles, dumpsters, and waste receptacles may
be placed on a lot for no more than 60 days. Such receptacles are
not permitted on public rights-of-way or public sidewalks unless there
are special circumstances that are approved by the Township Zoning
Officer.
A.
Intent. It is the intent of the following regulations to conserve
forested open space and its environmental, economic, recreation, wildlife
and amenity values by promoting good forest stewardship; to protect
the rights of adjoining property owners; and to minimize the potential
for adverse environmental impacts.
B.
Applicability. Forestry activities, including timber harvesting,
shall be a permitted use by right in all zoning districts. These regulations
apply to all timber harvesting within the Township where the project
area exceeds two acres for clear-cutting operations and five acres
for selective cutting operations. These provisions do not apply to
the cutting of trees for the personal use of the landowner or for
precommercial timber stand improvement. These provisions apply to
privately and publicly owned property. These provisions apply to any
site where there will be clearing of trees for any purpose, if lumber
will be removed from the site.
C.
Notification and preparation of a logging plan.
(1)
Notification of commencement or completion. For all timber harvesting
operations with a project area exceeding two acres for clear-cutting
operations and five acres for selective cutting operations, the landowner
shall notify the Zoning Officer at least 10 business days before the
operation commences and within five business days before the operation
is complete. No timber harvesting shall occur until the notice has
been provided. Notification shall be in writing and shall specify
the land on which harvesting will occur, the expected size of the
harvest area, and, as applicable, the anticipated starting or completion
date of the operation.
(2)
Logging plan. Every landowner on whose land timber harvesting is
to occur shall have a written logging plan in the form specified by
this chapter. No timber harvesting shall occur until the plan has
been prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the Zoning
Officer upon request. The plan shall incorporate best management practices
(BMPs) for forestry found in the publications Best Management Practices
for Pennsylvania Forests, Best Management Practices for Silvicultural
Activities in Pennsylvania's Forest Wetlands, and Controlling Erosion
and Sedimentation from Timber Harvesting Operations.
(3)
Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
D.
Contents of the logging plan.
(1)
Minimum requirements. As a minimum, the logging plan shall include
the following:
(a)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings.
(b)
Design, construction, and maintenance of water-control measures
and structures, such as culverts, broad-based dips, filter strips,
and water bars.
(c)
Design, construction, and maintenance of stream and wetland
crossings.
(d)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(2)
Map. Each logging plan shall include a sketch map or drawing containing
the following information:
(a)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property;
(b)
Significant topographic features related to potential environmental
problems;
(c)
Location of all earth-disturbance activities, such as roads,
landings, and water-control measures and structures;
(d)
Location of all crossings of waters of the commonwealth;
(e)
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state regulations, including
but not limited to the following:
(a)
Erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.). An erosion and sedimentation
plan shall be on-site and shall be approved by the York County Conservation
District when required.
(4)
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection D(3)(a) and (b) of this section, provided that all information required by those subsections is included or attached.
E.
Forest practices. The following requirements shall apply to all timber
harvesting operations in the Township:
(1)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet from a public roadway or
private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above the ground.
(4)
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
(6)
Skid trail, skid road, haul road, and landing area design shall be
consistent with Pennsylvania Department of Environmental Protection
guidelines.
(7)
Routes using municipal roads shall be approved by the Township Supervisors.
The Supervisors will also set the maximum gross weight permissible
on municipal roads.
(8)
Hours during which harvesting can occur are subject to the approval
of the Township Supervisors.
(9)
Landing or staging areas and haul or skid roads shall be restored
and reseeded after the harvest is complete. Site access roads shall
be closed to the general public.
F.
Responsibility for road maintenance and repair; road bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49;
and Title 67 Pennsylvania Code, Chapter 189, the landowner and the
operator shall be responsible for repairing any damage to municipal
roads caused by traffic associated with the timber harvesting operation
to the extent the damage is in excess of that caused by normal traffic
and may be required to furnish a bond to guarantee the repair of such
damages. No mud or debris shall remain on public roads.
G.
Enforcement.
A.
Private mailboxes and/or newspaper tubes are permitted, provided
that no portion of the mailbox and/or newspaper tube or supporting
structure shall extend beyond the back edge of the street curb where
curbs are installed. Along streets with no curb, no portion of the
mailbox and/or newspaper tube shall extend to within two feet of the
cartway edge.
B.
If a property utilizes a curbside mailbox for mail delivery, said
mailbox must comply with the manufacturer's specifications under the
United States Postal Service (USPS) Standard 7 (Mailboxes, City and
Rural Curbside). The box should bear the Township-designated street
address and may bear the owner's name and street name. Advertising
on the boxes or supports is prohibited, with the exception of newspaper
names on delivery tubes attached to mailbox supports.
C.
Curbside mailbox supports must meet the height criteria established
by the USPS. Any pole recommended by the manufacturers of mailboxes
conforming to the appropriate governmental regulations shall be acceptable.
Support structures that do not conform to postal regulations are prohibited.
A pole or post providing the equivalent support or size of a wood
6 x 6 inch post shall represent the maximum support allowed for a
mailbox. Box supports designed to prevent vandalism by providing protection
from destruction rather than support of the box are not permitted
on the right-of-way of streets, roads, and highways within the Township.
D.
Any existing mailbox structure otherwise prohibited that is located
in the right-of-way of any road in the Township shall be permitted
to remain if found not to be a traffic hazard by the Township Engineer.
A mailbox structure shall be classified as a traffic hazard if one
or more of the following conditions apply:
(1)
It is located so to obstruct any part of a clear sight triangle at
or within 75 feet of any intersection.
(2)
It is located in the vicinity of a road curve so that the inertia
of a motor vehicle that fails to negotiate the curve could cause it
to collide with the structure.
(3)
If the structure impairs the view of approaching traffic or of any
traffic signs, markings, or signals.
(4)
The structure is so close to the cartway to present a threat of collision
to oversize loads and bicyclists traveling along the road or berm
of the road.
A.
Intent. The alternative energy requirements are designed to recognize
the need for conservation of energy and natural resources to facilitate
the utilization of renewable resources. These regulations are designed
to allow the installation of renewable energy devices and provide
the opportunity for individuals to reduce energy dependence by encouraging
the productive use of solar and wind energy components.
B.
ACTIVE SOLAR ENERGY SYSTEM
ENERGY STORAGE FACILITY
PASSIVE SOLAR ENERGY SYSTEM
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SKYSPACE
WIND ENERGY CONVERSION SYSTEM
WIND ROTOR
Definitions. The following terms are specifically designed for use
within this section:
A solar energy system that requires external mechanical power
to move collected heat.
Equipment consisting of containers, heat exchangers, piping,
and other transfer mechanisms (including fluids, gases, or solids),
controls, and related structural support for transporting and storing
collected energy (from solar energy systems), including structural
elements designed for use in passive solar energy systems.
A solar energy system that uses natural and architectural
components to collect and store energy without using any external
mechanical power.
A freestanding or fixed device, or combination of devices,
structures, or part of a device or structure that transforms direct
solar energy into thermal, chemical, or electrical energy that contributes
significantly to a structure's energy supply.
Radiant energy (direct, diffused and reflected) received
from the sun.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy.
The open space between a solar or wind collector and the
sun or prevailing wind that must be free of obstructions that may
shade or impede the collector to an extent that would reduce its cost-effective
operation.
A device that converts wind energy to mechanical or electrical
energy; commonly referred to as "windmills."
The blades, and hub to which the blades are attached, that
are used to capture wind for the purpose of energy conversion. The
wind rotor is used on a pole or tower along with other generating
and electrical storage equipment and forms a wind energy conversion
system.
C.
Solar, wind and alternate energy standards. The use of solar, wind
and alternate energy systems is encouraged within these regulations
and permitted within any zoning district. Although the installation
of such systems is not mandatory, where they are utilized, the following
shall apply:
(1)
Active and passive solar systems, wind energy systems and similar
alternate energy systems, including customary energy storage accessories,
shall be permitted for the production, collection, movement, distribution
or storage of heated water, air or other medium that is intended for
conveyance to a principal or accessory building. Systems may include
the following, subject to the requirements contained herein:
(a)
Solar panels with a combined glazing area of 65 square feet
or less may be placed in any required yard but shall not be closer
than two feet from any property line.
(b)
Solar panels with a combined glazing area in excess of 65 square
feet, provided that:
[1]
Solar panels attached to a principal structure shall comply
with the zoning setbacks prescribed for a principal structure in the
applicable zoning district.
[2]
Solar panels that are freestanding or attached to an accessory
structure shall comply with the accessory structure requirements of
this chapter.
(c)
Solar greenhouses attached to principal structures shall meet
all yard requirements for a principal structure in the applicable
zoning district. Solar greenhouses attached to accessory structures
shall meet all yard requirements specified for accessory structures
in this chapter.
(d)
Detached solar greenhouses shall meet all yard requirements
specified for accessory structures in this chapter.
(e)
Wind energy conversion systems, provided that:
[1]
The structure supporting the wind rotor unit shall be located
a minimum distance of 1,500 feet from any residential structure. The
height of such structures shall not exceed 75 feet.
[2]
Towers may be ground- or roof-mounted and shall be securely
fastened as per manufacturer's specifications or a demonstrable equivalent
to achieve maximum safety and prevent collapse or fall. Any propeller
or turning device that reacts to wind velocity shall have a governor
to control the speed of revolutions. Such governor may include a rudder
that turns the propeller away from the wind, individually spring-mounted
paddles that turn away from the wind, or other suitable manufacturer's
device. Towers shall be locked or secured to prevent unauthorized
access, and in no case shall a permanently mounted ladder be affixed
less than 10 feet from grade level.
D.
Protection and maintenance. The improvements required and permitted
within this section shall be protected and maintained to ensure the
environmental benefits of nonpolluting, replenishable alternate energy.
The following requirements shall apply:
(1)
Protection.
(a)
Where a solar or wind energy system has been installed to serve
an existing structure, it shall be the responsibility of the property
owner to secure any easements or restrictive covenants necessary to
protect the skyspace affecting the solar or wind energy system. Such
an agreement shall be negotiated between owners of affected properties,
but it is not a requirement for approval of a building and zoning
permit for the solar or wind energy system.
(b)
Maximum height requirements of this chapter shall not apply
to roof-mounted solar collector systems.
E.
Plans and permits.
(1)
Plans depicting solar or wind energy installations shall be submitted
at the time of application for a building and proposed use permit.
Information may be included on the required plot plan specified in
this chapter or submitted on a separate plan. In addition to the information
required elsewhere within this chapter, plans shall include:
(2)
Building and proposed use permits. A building and proposed use permit
shall be required for installation of, expansion of or alteration
to any of the energy systems described within this section. Applicable
procedures of this chapter shall apply during the processing of such
permit applications. Where desired, the Zoning Officer may refer plans
to any other applicable agencies for review and comment prior to formal
action on the permit application.
A.
No building or structure may be erected, altered, or used and no
lot or premises may be used for any activity which is noxious, injurious,
or offensive by reason of dust, smoke, odor, fumes, noise, vibration,
gas, effluent discharge, illumination, or similar substances or conditions.
B.
No land or structures in any zoning district shall be used or occupied
in any manner that creates any nuisance in a manner or an amount that
will adversely affect the reasonable use or value of the surrounding
area or adjoining premises or be dangerous to public health or safety.
C.
No building or structure may be erected within a street right-of-way
except for official traffic signs, utility poles, streetlights, street
signs, United States Postal Service mailboxes, and other similar structures
approved by the Township Supervisors. No decorative pillars, statuary,
or gates are permitted within the street right-of-way.
