[Ord. No. 321,
passed 12-10-1998; Ord. No. 362, passed 9-12-2002]
The area, bulk, and dimensional standards for each use permitted
in the Township are as specified in Table B, Area, Bulk, and Dimensional
Standards,[1] unless specifically stated for a particular use under Section 1256.04 or as specifically stated in Section 1280.04.
[1]
Editor's Note: Table B: Area, Bulk and Dimensional Standards, is included as an attachment to this chapter.
[Ord. No. 321,
passed 12-10-1998]
A.
Exception to minimum lot size. The provisions of this Chapter shall
not prevent the construction of a detached dwelling on any lot that
was lawful when created and which, prior to the effective date of
this Ordinance, was in separate ownership duly recorded by plan or
deed; and provided that:
1.
Such lot is not less than 80% of the minimum lot area required for
the applicable district;
2.
Those lots not served by public water and sewers shall meet all requirements
of the Pennsylvania Department of Environmental Protection (PADEP)
and the Upper Providence Township Sewer Authority.
3.
The percentage of lot area covered by the detached dwelling shall
not exceed 15% of the area of the lot;
4.
The front and rear yards shall aggregate at least 60% of the total
lot depth or meet the normal requirements of the District in which
the lot is located.
5.
The side yards shall aggregate at least 40% of the total lot width
or meet the normal requirements of the District in which the lot is
located.
|
This exception shall not apply to any two or more contiguous
lots in a single ownership as of or subsequent to the effective date
of this Ordinance. These lots shall be consolidated to minimize the
non-conformity.
| |
|
Nor shall this exception apply to any resubdivision involving
the transfer of a nonconforming parcel. In such case, the deed of
the "receiving" lot shall be rewritten to incorporate the nonconforming
parcel.
|
B.
Exception to minimum lot width (flag lots). Flag lots, as defined
under Section 201, are exempt from minimum lot width requirements
under the following conditions:
1.
The area of the lane shall not be included in the calculation of
the minimum lot area.
2.
The lane shall have a minimum width of 35 feet as measured at the
street right-of-way line and shall not narrow to a lesser dimension.
3.
No more than two contiguous flag lots shall be created within 200
feet of the turn-around of a cul-de-sac street.
4.
There shall be no more than one flag lot for each 500 feet of road
frontage in a development.
5.
In the case of a flag lot, the building setback line shall be measured
from and parallel to a line indicating where lot width first coincides
with the required minimum lot width.
6.
The length of the lane shall be limited to a maximum length of 1,000
feet. The length of the lane shall be measured from the street right-of-way
line to a point where the lot meets the minimum lot width requirement.
7.
Driveways within the lane shall be at least five feet from the property
line.
C.
Exception to maximum building height. The following structures are
exempt from height requirements provided they are not used for human
occupancy and are setback 1.25 times their height (from ground level
to the top of the structure) from other buildings or a property line:
steeples of places of worship, belfries, farm silos, water towers,
smokestacks, solar panels, windmills, flagpoles, amateur radio antenna,
satellite dish antenna, or other appurtenances usually required to
be and customarily placed above the roof level and not intended for
human occupancy.
D.
Exception to minimum front yard setback. A proposed building may
be constructed nearer to the street than the required minimum front
yard depth under the following conditions:
1.
There shall be existing buildings on the lots on either side of the
lot which would contain the proposed building.
2.
The proposed building would front on the same side of the same street
in the same block as the existing buildings on lots on either side.
3.
The existing buildings on the lots on either side would be no greater
than 50 feet from the proposed building.
4.
The proposed building may be constructed at a front yard depth that
is not less than the average of the front yard setbacks of the existing
buildings on the lots on either side of the proposed building.
E.
Permitted projections into yards. The following buildings and structures
are permitted within a yard area, only under the conditions specified:
1.
Cornices, eaves, gutters, chimneys, and other similar features projecting
not more than two feet into a required yard;
2.
Ground-story bay windows projecting not more than five feet into
a required yard and not closer than five feet to any lot line;
3.
Open balconies or decks projecting not more than five feet into a
required yard and not closer than five feet to any side or rear lot
line, provided that no support pillars or walls are located within
the required yard;
4.
Terraces, patios, steps, handicapped ramps, uncovered-unenclosed
porches, and other similar features less than two feet above the level
of the floor of the ground story and not closer than five feet to
any side or rear lot line;
5.
Fences, hedges or walls less than six feet high above the natural
grade, subject to the requirements of Uses I3.c and/or I4.a;
6.
Fire escapes, in side or rear yards only;
8.
Other accessory structures permitted under Chapter 1256 (Use I3 "Residential Accessory Structure" and Use 14 "Nonresidential Accessory Structure"), subject to the requirements of that Chapter.
9.
Treehouses not to exceed 100 square feet in floor area, and children's
playsets not to exceed 300 square feet in footprint, provided that
such may not be located closer than five feet to any side or rear
lot line and not closer than 10 feet to any front lot line.
[Added 10-13-2022 by Ord. No. 540]
F.
B-2 cluster provision allowances. The following are exceptions to
the area, bulk and dimensional standards that apply to B-2 residential
cluster developments:
[Added 12-10-2015 by Ord.
No. 491]
1.
Maximum impervious surface limitations. Additional impervious surface
area beyond the applicable maximum impervious surface set forth in
Table B[1] shall be permitted to allow for outdoor patio use, provided
that:
a.
The additional impervious surface area is limited to the lesser
of 5% beyond the maximum impervious surface or 500 square feet, established
through a plan submitted for review by the Township Engineer;
b.
The applicant must obtain approval from the homeowners' association,
or, if no homeowners' association is in existence, must submit written
approval from all contiguous property owners;
c.
The improvements are subject to inspection by the Township Engineer;
d.
The applicant must submit an as-built plan for the property,
including the improvements; and
e.
The applicant must obtain all necessary stormwater management
permits, together with the requisite operation and maintenance agreements.
[1]
Editor's Note: Table B is included as an attachment to this chapter.
2.
Rear yard setback requirements. Decks and patios are permitted to
encroach into the minimum rear yard setback for a distance of 10 feet,
provided that:
a.
The rear yard area being encroached must be contiguous to open
space designated for the development;
b.
The applicant must have the rear lot line surveyed, subject
to the inspection of the Township Engineer;
c.
The applicant must obtain approval from the homeowners' association,
or, if no homeowners' association is in existence, must submit written
approval from all contiguous property owners; and
d.
The depth of the open space together with the depth of the rear
yard (measured from the patio or deck) must meet or exceed the minimum
rear yard requirement. (For example, if a deck or patio within a B-2
cluster development within the R-3 Zoning District encroaches 10 feet
into the required rear yard setback, the open space must be a minimum
of 25 feet in depth in order for the applicant to use this provision).
