[Ord. 281, 1/5/1976, Art. X, § 10.1]
1. On a corner lot in any district, a clear sight triangle shall be
provided at all street and alley intersections. Within such triangles,
no vision-obstructing object other than utility poles shall be permitted
which obscures vision above the height of 30 inches and below 10 feet
measured from the center-line grade of intersecting streets. Such
triangles shall be established from a distance of:
A. Seventy-five feet from the point of intersection of the center lines
of the intersecting streets; except that,
B. Clear sight triangles of 100 feet shall be provided for all intersections
with arterial and major streets.
[Ord. 281, 1/5/1976, Art. X, § 10.2; as amended
by Ord. 454, 9/2/2008]
Notwithstanding other provisions of this chapter, fences, walls,
and hedges may be permitted in any required yard, or along the edge
of any yard, provided that no fence, wall, or hedge along the sides
or front edge of any front yard shall be over 36 inches in height.
Fences in side or rear yards may be six feet or more in height, provided
that any fence or wall in the side or rear yard exceeding six feet
in height shall contain openings therein equal to 50% of that portion
of wall or fence exceeding six feet.
[Ord. 281, 1/5/1976, Art. X, § 10.3]
For all uses permitted in the Residential District, no separate
accessory building shall be permitted in any required front yard.
In side and rear yards, they shall be permitted up to the edge of
any lot line, except where abutting a public street or alley. In such
case, a garage shall be no less than 10 feet from the right-of-way
of said street or alley and any other accessory building shall be
no less than three feet from the right-of-way of said street or alley.
[Ord. 281, 1/5/1976, Art. X, § 10.4]
In any district, more than one structure housing a permitted
or permissible principal use may be erected on a single lot, provided
that yard and other requirements of this chapter shall be met for
each structure as though it were on an individual lot.
[Ord. 281, 1/5/1976, Art. X, § 10.5]
The height limitations contained in the schedule of district
regulations or in the height and area regulations do not apply to
spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys,
or other appurtenances usually required to be placed above the roof
level and not intended for human occupancy.
[Ord. 281, 1/5/1976, Art. X, § 10.6]
Every building hereafter erected or moved shall be on a lot
adjacent to a public street, or with access to an approved private
street, and all structures shall be so located on lots as to provide
safe and convenient access for servicing, fire protection, and required
off-street parking.
[Ord. 281, 1/5/1976, Art. X, § 10.7]
1. For purposes of these regulations, "major recreational equipment"
is defined as including boats and boat trailers, travel trailers,
pick-up campers or coaches (designed to be mounted on automotive vehicles),
tractor-trailer rigs, motorized dwellings, tent trailers, and the
like, and cases or boxes used for transporting recreational equipment,
whether occupied by such equipment or not. Major recreational equipment
may be parked or stored on any property in a commercial or industrial
district subject to the yard requirements of the off-street parking
regulations. They may also be parked in residential districts subject
to the following regulations:
A. No major recreational equipment shall be parked or stored on any
lot in a residential district except in a carport or enclosed building
or in a rear yard.
B. No such recreational equipment shall be used for living, sleeping,
or housekeeping purposes when parked or stored on a residential lot,
or in any location not approved for such use.
C. Equipment may not be parked or stored in front yards or within a
public right-of-way.
D. If located in a rear yard they must be no closer than five feet to
a property line.
E. Recreational equipment may be parked anywhere on residential premises
for a period not to exceed 24 hours during loading and unloading operations.
[Ord. 281, 1/5/1976, Art. X, § 10.8; as amended
by Ord. 403, 6/3/2002; and by Ord. 404, 8/5/2002]
1. Automotive vehicles or trailers of any kind without current license
plates, registration, and inspection shall not be parked or stored
on any property (or public streets contained therein) and no vehicle
at any time shall be in a state of major disassembly, disrepair or
in the process of being stripped or dismantled other than in completely
enclosed buildings, except on those premises where such storage is
absolutely necessary to the operation of a business such as that of
an automobile dealer.
2. Penalty. Violators of this section shall receive a citation from
the Township Zoning Officer or a Commissioner requiring the removal
of the offending vehicle within 30 days of the date of the citation.
Following the expiration of 30 days, if the offending vehicle is not
removed, a violator shall be fined $500 per day for each day that
the offending vehicle is not removed.
[Ord. 281, 1/5/1976, Art. X, § 10.9]
When an unimproved lot is situated between two improved lots
with front yard dimensions more or less than those required for the
district, the front yard required shall be increased or decreased,
as the case may be, to a depth equal to the average of the two front
yards of the adjoining lots.
[Ord. 281, 1/5/1976, Art. X, § 10.10]
On every corner lot, there shall be provided on the side street
a side yard equal in depth to the required front yard of all other
properties along said side street, unless such lot is bounded by a
public thoroughfare or private road which is less than 20 feet in
width (right-of-way). In those cases, then, those requirements indicated
for interior lots shall apply.
[Ord. 281, 1/5/1976, Art. X, § 10.11]
Where a lot is not served by a public water supply and/or sanitary
sewer system and state or other local laws or ordinances in force
require a higher standard for lot area or lot width than this chapter,
the more restrictive regulations of such ordinances or laws shall
apply.
[Ord. 281, 1/5/1976, Art. X, § 10.12]
1. The following projections shall be permitted into required yards
and shall not be considered in the determination of yard size or lot
coverage:
A. Terraces or patios, provided that such terraces or patios are not
under roof or otherwise enclosed and are not closer than three feet
to any adjacent property line.
B. Projecting architectural features-bay windows, cornices, eaves, fireplaces,
chimneys, windowsills, or other architectural features-provided they
do not extend more than five feet into any required yard nor closer
than three feet to any adjacent property line.
C. Uncovered stairs and landings.
D. Open balconies or fire escapes provided such balconies or fire escapes
are not supported on the ground and do not project more than five
feet into any required yard nor closer than three feet to any adjacent
property line.
[Ord. 281, 1/5/1976, Art. X, § 10.13]
1. Private, non-commercial swimming pools which are designed to contain
a water depth of 24 inches or more must be located in a rear or side
yard only. Such pools shall be not less than 10 feet from side and
rear property lines, with a continuous impenetrable fence not less
than four feet in height above the ground level.
2. Private tennis courts shall be permitted within side or rear yards
provided that such facilities shall not be less than 10 feet from
side or rear property lines.
3. Patios, paved terraces, or open porches that are not under roof or
otherwise enclosed shall be permitted in all yards provided that no
impermeable surface shall be within three feet of any property line.
4. Nothing in this section shall be construed to limit other uses not
mentioned so long as they are clearly accessory to the principal permitted
use of the land and do not create a threat to the public health, safety,
and/or welfare of the community.
[Ord. 281, 1/5/1976, Art. X, § 10.14]
In any district, a building may be erected, altered, or extended
and land may be developed which is arranged, intended or designed
for municipal uses, including municipal recreation uses.
[Ord. 281, 1/5/1976, Art. X, § 10.15]
The regulations of this chapter shall not apply to any existing
or proposed building, or extension thereof, used or to be used by
a public utility corporation, if, upon petition of the corporation
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
[Ord. 281, 1/5/1976, Art. X, § 10.16]
1. In any district, any occupation that is in the nature of a service
rather than of the selling of a commodity or commodities may be conducted
by a member of the immediate family owning and residing on the premises,
in portions of a dwelling for a home occupation; provided, that the
following conditions are met and a permit is issued by the Zoning
Officer:
A. Such occupation shall be clearly incidental or secondary to the use
of the property as a residence and the use of the dwelling shall not
change the character thereof or show any exterior evidence of such
secondary use other than one small nameplate as provided in Part 12,
"Signs and Advertising Structures."
B. Home occupations shall be limited to the employment of the principal
operator.
C. The home occupation shall be conducted wholly within the dwelling
and shall not occupy more than 25% of the area of the first floor
of the dwelling nor more than 500 square feet.
D. All parking shall be off-street and two off-street spaces shall be
provided in addition to that required of the residence unit.
E. Any home occupation which may create objectionable noise, fumes,
odor, dust, electrical interference, or more than normal residential
traffic shall be prohibited.
[Ord. 281, 1/5/1976, Art. X, § 10.17]
In view of recent amendments to the Pennsylvania Sewerage Facilities
Act (Act 537), 35 P.S. § 750.1 et seq., minimum lot sizes
for on-lot sewage disposal shall be one acre unless the proposed development
falls within an area encompassed by the official sewer plan of West
Lebanon Township. If the proposed development is included within the
sewer plan or the sewer plan is amended by the Township Commissioners
to include said development, the lot sizes listed in the district
regulations shall apply.
[Ord. 281, 1/5/1976, Art. X, § 10.18]
Gasoline pumps and all other service equipment shall be set
back not less than 25 feet from any lot line and/or street right-of-way
and located so that vehicles stopped for service will not extend over
the property line.
[Ord. 281, 1/5/1976; as added by Ord. 388, 3/6/2000, § 51-5;
and as amended by Ord. 454, 9/2/2008]
1.
Definition and Purpose.
ADULT BOOK STORE
A commercial operation with a significant portion of its
goods, inventory, or merchandise consisting of books, magazines, photographs,
videotapes, CD ROM's and/or other materials which are characterized
by their emphasis on "sexually explicit activities" (as defined below)
or the depiction of "specific human anatomy" (as defined below) or
a commercial operation with a portion of its goods, inventory, and
product dedicated to the sale of such materials.
ADULT THEATER
A commercial operation that provides for its patrons motion
pictures or other video productions, topless or completely nude dancers,
strippers, simulated sex acts, actual sex acts or similar entertainment
depicting or relating to "sexually explicit activities" or depicting
or relating to "specific human anatomy."
PURPOSE
It is the intention of the West Lebanon Township Board of
Commissioners to prevent the deterioration and decay of residential
neighborhoods which follows the introduction of adult book stores
and adult theaters into such residential neighborhoods. The Board
also seeks to protect school children from exposure to such materials
and provide appropriate protections for churches as such materials
may be offensive to church congregations.
SEXUALLY EXPLICIT ACTIVITIES
(1)
Sexually aroused human genitals.
(2)
Any erotic touching of human genitals, pubic areas, buttocks,
or female breasts.
(3)
Sexual intercourse, sodomy, or masturbation.
SPECIFIC HUMAN ANATOMY
(1)
Human male genitals in a state of sexual arousal regardless
of the degree of exposure.
(2)
Public area, buttocks, or female breasts below a point immediately
above the top of the areola.
2. Prohibition in Residential Zone. It shall be unlawful to establish
an adult book store or adult theater in any location zoned for residential
purposes.
3. One Thousand Foot Separation Required. It shall be unlawful to establish
and adult book store or adult theater at any location within 1,000
lineal feet of any school, church or any location zoned for residential
purposes or within 1,000 lineal feet of any existing adult bookstore
or adult theater.
4. Special Exception. The Zoning Hearing Board of West Lebanon Township may authorize the establishment of an adult book store or adult theater by allowance of a special exception pursuant to the procedure set forth in, §
27-1502, "Special Exceptions; Conditions Governing Application; Procedures."
5. Penalty for Violation. Any person or persons, corporation or other
business entity found to be in violation of this Part shall upon conviction
thereof by the appropriate magisterial district judge be sentenced
to pay a fine not to exceed $300 for each day the establishment operates
in violation of this Part.
[Ord. 517, 6/3/2019]
1. Definitions.
TRANSIENT RENTAL
A short-term (less than 30 days) rental agreement between
a property owner and a tenant. Examples include, but are not limited
to, hotels, Airbnb-type rentals and similar uses.
2. Prohibition.
Transient rentals are prohibited within all zoning districts of West
Lebanon Township.