The regulations set forth in this article for each district
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land except as hereinafter provided:
A. No building, structure or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered except in
conformity with all of the regulations herein specified for the district
in which it is located, including any overlay districts.
B. No building or other structure shall hereafter be erected or altered:
(1) To exceed height, bulk or other dimensions;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards or
other open spaces, than herein required or in any other manner contrary
to this chapter.
C. Note that all permitted uses, accessory uses and structures and conditional
uses are subject to the requirements of the two overlay districts,
the FP Floodplain Overlay District and the WQ Water Quality Overlay
District. Any lot which is located in either (or both) of the above
overlay districts is subject to the regulations for both the zoning
district it is proposed for and the overlay district(s).
[Amended 2-8-1999 by Ord. No. 2-1999; 3-12-2001 by Ord. No.
2-2001; 5-13-2002 by Ord. No. 2-2002]
A. Agricultural District principal permitted uses.
(1) Agricultural uses and agricultural related uses, as defined herein,
including land cultivation, greenhouses, nurseries and raising livestock.
(2) One-family detached dwelling.
(5) Churches and places of worship.
(7) Forest product removal operations or controlled timbering subject to the terms of §
220-53.
B. Agricultural District permitted accessory uses and structures.
(3) Private garages and carports.
(4) Accessory buildings and uses customarily associated with and incidental
to permitted uses.
(5) Mobile homes for farm-related uses.
(6) Temporary uses and structures.
C. Agricultural District conditional uses.
(1) Pubic and semipublic outdoor recreation facilities and/or services;
municipal parks and playgrounds.
(3) Farm-related equipment, sales and service shops.
(4) Animal hospitals or kennels and veterinary clinics.
(5) Grain storage facilities, including elevators.
(8) Buildings, structures and/of impervious surface within 100 feet of
Sinking Creek, Potter Run or Boal Run measured from the stream bank
on either side. This conditional use shall be decided on a case-by-case
basis.
(10)
Public/private schools.
[Added 6-7-2004 by Ord. No. 2-2004]
(11) Small wind energy systems.
[Added 2-8-2010 by Ord. No. 1-2010]
D. Agricultural District minimum lot requirements. Minimum lot area per principal uses: 20 acres, except parts and parcels may be subdivided by one of the following, either Subsection
D(1) or
(2), and no further subdivision shall be permitted.
(1) Minimum lot area per single-family detached dwelling unit, church,
funeral home, day care/nursery and conditional uses: two acres.
(2) Farms and parcels of land in the Agricultural District may be divided
into lots of one acre minimum size and sold or otherwise used for
permitted or conditional use in the district, provided that all of
the following conditions are met:
(a)
The parcel to be divided under this section shall consist of
a single, contiguous piece, however irregular in shape. Such parcel
may be made up of an aggregate of smaller tracts if the title to such
tracts is in one owner or set of owners. Tracts of unrelated ownership
may not be aggregated for these purposes.
(b)
In order to prevent overcrowding of any area and to limit the
intensity of residential use in an area intended for low-density agricultural
use, the number of lots so divided shall be in accordance with the
following sliding scale.
|
Parcel Size
|
Maximum Number of Lots
|
---|
|
9 to 19 acres
|
3 lots
|
|
20 to 39 acres
|
5 lots
|
|
40 to 79 acres
|
7 lots
|
|
80 to 119 acres
|
10 lots
|
|
120 to 159 acres
|
13 lots
|
|
160 to 199 acres
|
16 lots
|
|
200 plus acres
|
20 lots plus 1 for every 50 acres over 200
|
(c)
For the purposes of calculating parcel size, when a parcel contains
any fraction of an acre the number of acres shall be rounded off to
the next lowest whole number and only that portion of a property within
the Agricultural Zoning District shall be counted.
(d)
Whenever possible, such lots shall be so sited so as to utilize
land poor or marginally suited for agricultural purposes and so as
to preserve the best soils and topography for agricultural uses.
(e)
The remaining portion of the tract used in accordance with the provisions of Subsection
D(2)(b) above shall be a single lot and shall be used for only one or more of the following uses.
[1]
Tilling of the land, raising crops, fruit and vegetables and
the raising of livestock, poultry or fish;
[2]
Horticultural uses related to the raising, propagation of trees,
shrubs, flowers and other plant materials not for human consumption;
[3]
Usual farm structures including barns, greenhouses and single-family
detached dwellings of the farm operator for those who are actively
or seasonally involved in the farm operation;
[4]
Commercial establishments for the processing, storage and sale
of farm products produced on the farm;
[5]
The conservation of open space, water, soils, forests and wildlife
resources;
[6]
Park and recreational uses for the general public and/or homeowners
of the developed tract. All such use shall meet the lot, yard setback
and height requirements specified for such use in the Agricultural
District.
(f)
Limitations. The provisions of this section shall apply exclusively
to parcels of land legally existing at the effective date of this
chapter regardless of size, no lot subsequently subdivided from its
parcel shall qualify for additional single-family detached dwellings
pursuant to this section. Any subsequent owner(s) of any parcel of
land legally existing at the time of the effective date of this chapter
shall be bound by actions of previous owners in that such current
owner may subdivide lots for purposes of additional single-family
dwellings only that number of lots, if any, remaining from the original
number permitted by this section.
(g)
Each lot shall have a percolation test and soil log performed
and shall be demonstrated to be suitable for a conventional in-ground
or sand mound sewage disposal system before a zoning permit application
is approved.
(h)
Provision shall be made for adequate water supply for each lot
with whatever easements, etc., may be necessary.
(3) Minimum lot width: 300 feet, except where lots are subdivided under Subsection
D(2) above, in which case the minimum lot width shall be 150 feet.
(4) All lots must meet the requirements of Act 537, the Pennsylvania
Sewage Facilities Act, the Potter Township Sewage Ordinance [Chapter
156, Part
1] and any other applicable state, federal or local act, provision, law or ordinance.
(5) Maximum building/structure coverage is 25%.
E. Agricultural District minimum yard setback requirements.
(1) Front yard: 65 feet from road center line.
(2) Side yards: 35 feet each.
F. Agricultural District maximum height requirements.
(1) Principal structures: 60 feet.
(2) Accessory structures:
(a)
Nonagricultural structures: 40 feet.
(b) Agricultural structures: 40 feet, except silos which shall not exceed
90 feet in height.
[Amended 3-16-1998 by Ord. No. 2-1998]
A. Open Space/Forest District principal permitted uses and structures.
(1) Seasonal dwellings, hunting camps or lodges.
(2) One-family detached dwellings.
(3) Forest product removal operations or controlled timbering subject to the terms of §
220-53.
[Amended 3-12-2001 by Ord. No. 2-2001]
(4) Agricultural uses and agricultural-related uses, as defined herein,
including land cultivation, nurseries, greenhouses and raising livestock.
(6) Radio and/or TV transmission and receiving towers.
(9) Churches and places of worship.
(10)
Mobile homes and farm-related uses.
B. Open Space/Forest District permitted accessory uses and structures.
(1) Private garages or carports.
(4) Temporary uses and structures.
(5) Other uses and structures customarily incidental to permitted uses.
C. Open Space/Forest District conditional uses.
(1) Public or semipublic outdoor recreational facilities and/or services;
municipal parks and playgrounds.
(2) Lumber yards and/or sawmills.
(7) Motels and transient lodging facilities.
(8) Buildings, structures and/or any impervious surface within 100 feet
of Sinking Creek, Potter Run or Boal Run, measured from the stream
bank on either side. This conditional use shall be decided on a case-by-case
basis.
[Added 2-8-1999 by Ord. No. 2-1999]
(9) Small
wind energy systems.
[Added 2-8-2010 by Ord. No. 1-2010]
(10) Telecommunications towers (subject to Article
XII).
[Added 4-23-2012 by Ord.
No. 1-2012]
(11) Boarding kennels.
[Added 12-16-2019 by Ord. No. 01-2019]
D. Open Space/Forest District minimum lot requirements.
(1) Minimum lot area per principal use: five acres except as set forth in Subsection
D(2) below.
(2) Minimum lot area per single-family detached dwelling unit: two acres.
(3) Minimum lot width: 200 feet.
(4) Each lot shall have a percolation test and soil lot performed and
shall be demonstrated to be suitable for a conventional in-ground
or sand mound sewage disposal system before a zoning permit application
is approved. All lots must meet the requirements of Act 537, the Pennsylvania
Sewage Facilities Act, the Potter Township Sewage Ordinance [Chapter
156, Part
1] and any other applicable state, federal or local act, provision, law or ordinance.
(5) Provision shall be made for adequate water supply for each lot with
whatever easements, etc., may be necessary.
(6) Maximum building/structure coverage is 25%.
E. Open Space/Forest District minimum yard setback requirements.
(1) Front yard: 65 feet from road center line.
(2) Side yards: 25 feet each.
(4) In addition, no structure shall be located nearer than 50 feet to
any stream or body of water.
F. Open Space/Forest District maximum height requirements.
(1) Principal structures: 35 feet, except radio and/or TV transmission
and receiving towers which shall not exceed 100 feet in height.
(2) Accessory structures.
(a)
Nonagricultural structures: 20 feet.
(b)
Agricultural structures: 35 feet except silos which shall not
exceed 90 feet in height.
[Amended 3-16-1998 by Ord. No. 2-1998]
A. Rural Residential District principal permitted uses and structures.
(1) Agricultural uses and agricultural-related uses, as defined herein,
including land cultivation, greenhouses, nurseries and raising livestock.
(2) One-family detached dwellings.
(3) Conversion apartments/duplexes.
(9) Churches and places of worship and funeral homes.
(10)
Professional offices and clinics.
(11)
Municipal government buildings.
(12)
Temporary uses and structures.
(13) Forest product removal operations or controlled timbering subject to the terms of §
220-53.
[Added 3-12-2001 by Ord.
No. 2-2001]
(14) No-impact home-based business.
[Added 4-23-2012 by Ord.
No. 1-2012]
(15) Neighborhood retail business establishment including, but not limited
to, small-scale grocery stores, variety stores, bakeries, cafes, coffee
shops, and similar uses. The total area of such uses shall not exceed
2,000 gross square feet. Outdoor seating areas are permitted.
[Added 3-13-2017 by Ord.
No. 1-2017]
B. Rural Residential District permitted accessory uses and structures.
(2) Private garages and carports.
(4) Accessory buildings and uses customarily associated with and incidental
to permitted uses.
C. Rural Residential District conditional uses.
(1) Multifamily housing developments.
(2) Public or semipublic outdoor recreational facilities and/or services.
(6) Mobile homes for farm-related uses.
(8) Animal hospitals or kennels and veterinary clinics.
(9) Grain storage facilities, including elevators.
(12)
Motels and transient lodging facilities.
(13)
Farm-related sales and service shops.
(14)
Clubs, lodges and social halls.
(18)
Buildings, structures and/or any impervious surface within 100
feet of Sinking Creek, Potter Run or Boal Run, measured from the stream
bank on either side. This conditional use shall be decided on a case-by-case
basis.
[Added 2-8-1999 by Ord. No. 2-1999]
(19)
Group home.
[Added 3-12-2001 by Ord. No. 2-2001]
(20)
Halfway house.
[Added 3-12-2001 by Ord. No. 2-2001]
(21)
Riding stable.
[Added 3-12-2001 by Ord. No. 2-2001]
D. Rural Residential District minimum lot requirements.
(1) Minimum lot area for agricultural uses and agricultural related uses
is 10 acres; all other uses require a minimum lot area of one acre
(43,560 square feet) except as follows:
(a)
Where either public or off-site water; or public or off-site
sewage disposal is available or proposed, the minimum lot size shall
be 1/2 of one acre (21,780 square feet).
(b)
Where both public or off-site water and public or off-site sewage
systems are available or proposed, the minimum lot size shall be 1/3
of one acre (14,520 square feet).
(2) Minimum lot width per principal use or dwelling unit is 150 feet
except where off-site water and/or sewer service is available, then
the minimum lot width is 100 feet.
(3) Each lot shall have a percolation test and soil log performed and
shall be demonstrated to be suitable for a conventional in-ground
or sand mound sewage disposal system before a zoning permit application
is approved. All lots must meet the requirements of Act 537, the Pennsylvania
Sewage Facilities Act, the Potter Township Sewage Ordinance and any other applicable state, federal or local act,
provision, law or ordinance.
(4) Maximum building/structure coverage is 25%.
E. Rural Residential District minimum yard setback requirements.
(1) Front yard: 65 feet from road center line.
(2) Side yards: 25 feet each.
F. Rural Residential District maximum height requirements.
(1) Principal structures: 40 feet.
(2) Accessory structures.
(a)
Nonagricultural structures: 20 feet.
(b)
Agricultural structures: 40 feet, except silos which shall not
exceed 90 feet in height.
[Amended 3-16-1998 by Ord. No. 2-1998; 2-8-1999 by Ord. No.
2-1999; 3-12-2001 by Ord. No. 2-2001; 3-3-2003 by Ord. No. 2-2003]
A. Residential District principal permitted uses and structures.
(1) One-family detached dwellings.
(2) Conversion apartments/duplexes.
(4) Churches and places of worship including parish house and convents.
(5) Agricultural uses and agricultural related uses including land cultivation.
(7) Municipal governmental buildings.
(8) Forest product removal operations or controlled timbering subject to the terms of §
220-53.
(9) No-impact
home-based business.
B. Residential District permitted accessory uses and structures.
(1) Private garages and carports for use of residents and guests.
(4) Off-street parking as required by this chapter.
(5) Mobile homes for farm use.
(6) Professional offices and clinics.
(7) Temporary uses and structures.
(8) Other uses and structures customarily incidental or accessory to
permitted uses.
C. Residential District conditional uses.
(1) Multifamily housing developments.
(3) Public and/or private schools.
(4) Public or semipublic outdoor recreational facilities and/or services,
municipal parks and playgrounds.
(5) Nursing and convalescent homes.
(8) Buildings, structures and/or impervious surfaces within 100 feet
of Sinking Creek, Potter Run, Boal Run, measured from the stream bank
on either side. This conditional use shall be decided on a case-by-case
basis.
D. Residential District minimum lot requirements.
(1) The minimum lot area per principal use or dwelling unit is one acre
(43,560 square feet) except as follows:
(a)
Where either public or off-site water; or public or off-site
sewage disposal is available or proposed, the minimum lot size shall
be 1/2 of one acre (21,720 square feet).
(b)
Where both public or off-site water and sewage systems are available
or proposed, the minimum lot size shall be 1/3 of one acre (14,520
square feet).
(c)
Approval and issuance of a zoning permit shall be in accordance
with the Department of Environmental Protection's and/or Township
standards in effect at the time.
(2) Minimum lot width per principal use or dwelling unit is 100 feet.
(3) Each lot shall have a percolation test and soil log performed and
shall be demonstrated to be suitable for conventional in-ground or
sand mound sewage disposal system before a zoning permit application
is approved. All lots must meet the requirements of Act 537, the Pennsylvania
Sewage Facilities Act, the Potter Township Sewage Ordinance and any other applicable state, federal or local act,
provision, law or ordinance.
(4) Maximum building/structure coverage is 25%.
E. Residential District minimum yard setback requirements.
(1) Front yard: 45 feet from road center line.
F. Residential District maximum height requirements.
(1) Principal structures: 40 feet.
(2) Accessory structures: 35 feet.
[Amended 3-16-1998 by Ord. No. 2-1998]
A. Village District principal permitted uses and structures.
(1) One-family detached dwellings.
(2) Conversion apartments/duplexes.
(3) Tourist homes, bed-and-breakfast inn.
(4) Churches and places of worship including parish houses and convents.
(6) Municipal government buildings.
(7) Nonmunicipal government buildings.
(8) Personal service, convenience and retail business establishments.
(9) Variety, gift and antique shops.
(10)
Agricultural uses and agricultural related uses including land
cultivation.
(11)
Professional office space.
(12) Forest product removal operations or controlled timbering subject to the terms of §
220-53.
[Added 3-12-2001 by Ord. No. 2-2001]
B. Village District permitted accessory uses and structures.
(1) Private garages and carports for use of residents and guests.
(3) Off-street parking required by this chapter.
(4) Other uses and structures customarily incidental or accessory to
permitted uses.
C. Village District conditional uses.
(2) Clubs, lodges and social halls.
(3) Public or semipublic outdoor recreational facilities and/or services;
municipal parks and playgrounds.
D. Village District minimum lot requirements. Buildings, structures
and/or impervious surface within 100 feet of Sinking Creek, Potter
Run or Boal Run, measured from the stream bank on either side. This
conditional use shall be decided on a case-by-case basis.
[Amended 2-8-1999 by Ord. No. 2-1999]
(1) Where both public or off-site water and public or off-site sewage
systems are available or proposed, the minimum lot size shall be 10,000
square feet.
(2) Where either public or off-site water; or public or off-site sewage
service is available or proposed, the minimum lot size shall be 20,000
square feet.
(3) Where on-site water and sewer service is utilized, the minimum lot
size shall be 40,000 square feet.
(4) Each lot shall have a percolation test and soil log performed and
shall be demonstrated to be suitable for a conventional in-ground
or sand mound sewage disposal system before a zoning permit application
is approved. All lots must beet the requirements of Act 537, the Pennsylvania
Sewage Facilities Act, the Potter Township Sewage Ordinance and any other applicable state, federal or local act,
provision, law or ordinance.
(5) Minimum lot width is 50 feet.
(6) Maximum building/structure coverage is 25%.
E. Village District minimum yard setback requirements.
(1) Front yard: 15 feet from road right-of-way.
F. Village District maximum height requirements.
(1) Principal structures: 40 feet.
(2) Accessory structures: 35 feet.
Floodplain principal permitted uses and structures:
A. Generally the same as in the underlying district.
B. Undeveloped recreational uses such as hiking and skiing trails, fishing
and recreational boating and hunting.
D. Land cultivation for agricultural use.
E. No development or temporary use or structure shall be permitted in this district which shall cause any rise in the elevation of the one-hundred-year flood. All development within this district must comply with the regulations of the Potter Township Floodplain Management Ordinance [Chapter
96] and all other applicable state, federal and local regulations.
[Amended 3-16-1998 by Ord. No. 2-1998; 9-12-2016 by Ord. No. 3-2016]
The provisions within this section are in addition to any other
provision contained within an underlying zone district or any other
application Section of this chapter.
A. Water Quality Overlay Map. Water Overlay District Map "Plate 5, Water
Quality Districts Map of Potter Township, Centre County Pennsylvania,"
is a part of this chapter for Water Quality Overlay Districts 1 to
4. Water Quality Overlay District 5 is represented as Zone
II for each public water supply as represented in the most current
version of the Potter Township Source Water Protection Plan, and is
also a part of this chapter.
B. Water Quality Overlay Districts.
(1) Clastic bedrock mountain lands.
(2) Clastic bedrock primarily shallow water table.
(3) Carbonate bedrock prone to sinkhole development.
(4) Potential high-capacity well fields in carbonate bedrock.
(5) Public water supply wellhead protection areas.
C. Water Quality Overlay District regulations. The following regulations
are applied in addition to any other applicable regulations within
this chapter and are described for each of the five identified water
quality districts as follows:
(1) Clastic bedrock mountain lands. No additional regulations beyond
those applicable elsewhere within this chapter.
(2) Clastic bedrock primarily shallow water table.
(a)
Development of solid waste disposal sites, industrial waste
disposal sites or agricultural wastes sites as defined by Pa. Code
Title 25 (Environmental Protection) are prohibited.
(b)
The Township shall be notified of any EPCRA or SARA Title Ill
facilities proposed within the Township. Copies of any required emergency
response plans and MSDS's must be provided to the Township.
(3) Carbonate bedrock prone to sinkhole development.
(a)
No development of solid waste or industrial waste disposal sites, as defined by Pa. Code Title 25 (Environmental Protection), are permitted. Proposals for agricultural waste disposal activities requiring a PADEP permit per 271.101 or public sewage disposal activities (organic sludge, including Class 2 bio-solids) application to the surface and subsurface waste disposal shall include an Environmental Assessment compliant with Pa. Code 271.127 which will address, but not be limited to, potential impacts upon water resources and whether water resources monitoring may be required. The provisions of Subsection
C(2)(b) shall also apply.
(b)
Any closed depressions and active sinkhole features on the site
of any proposed development shall be shown on the site plan.
(c)
The Township shall be notified of any EPCRA or SARA Title Ill
facilities proposed within the Township. Copies of any required emergency
response plans and MSDS's must be provided to the Township.
(d)
Dumping of any solid or liquid water into a sinkhole feature
is prohibited.
(4) Potential high-capacity well fields in carbonate bedrock.
(a)
Requirements of the underlying water quality district (clastic
bedrock, clastic bedrock primarily shallow water table or carbonate
bedrock prone to sinkhole development) shall apply.
(b)
Development of solid waste disposal sites, industrial waste
disposal sites or agricultural waste disposal sites are prohibited.
Liquid manure storage facilities are permitted if part of a normal
farming operation and if all other applicable provisions within this
chapter have been met.
(c)
Industrial or commercial activities requiring the storage of
hazardous substances shall comply with the requirements of EPCRA or
SARA Title III requirements.
(d)
Surface or underground mining activities are prohibited.
(e)
Additional items to be shown on the site plan for any proposed
activity shall indicate:
[1]
How impervious paving materials are reduced.
[2]
Preservation and protection of sinkhole features as aquifer
recharge points.
(5) Public water supply wellhead protection areas. Wellhead protection
areas are as defined by the Pa. Code as the surface and subsurface
area surrounding a water well, well field, spring or infiltration
gallery supplying a public water system, through which contaminants
are reasonably likely to move toward and reach the public water source.
The size and shape of the protection areas are determined by site-specific
source and aquifer characteristics in which contaminants are reasonably
likely to move toward and reach the public water source within a ten-year
period and as delineated on the most current version of the Potter
Township Source Water Protection Plan.
(a)
Requirements of the underlying water quality district (clastic
bedrock, clastic bedrock primarily shallow water table or carbonate
bedrock prone to sinkhole development).
(b)
Industrial uses and mineral extraction uses are prohibited.
(c)
Pumping and/or inspection extensions granted under the Potter
Township On-Lot Sewage Management Program shall be voided in the event
of a change in property ownership or primary use.
(d)
Agricultural waste disposal activities requiring a PaDEP permit
per 271.101 or public sewage disposal activities, organic sludge (including
Class 2 Bio-solids) application to the surface and subsurface are
prohibited.
(e)
Commercial activities shall file with the township a Preparedness,
Prevention and Contingency Plan (PPC Plan) as defined by 25 Pa. Code.
(f)
Zone I wellhead protection areas.
[1]
Consists of a protection zone immediately surrounding the well,
spring or infiltration gallery which shall have a 100 to 400 foot
radius depending on site-specific source and aquifer characteristics
and as determined by PaDEP.
[2]
Compliance with 25 Pa. Code Section 603(b) is required.
(g)
In addition to the regulations of Potter Township contained
herein, all development on properties within a water quality district
or wellhead protection area must comply with all Federal and Pennsylvania
water quality and wellhead protection regulations and statutes.