[Ord. No. 2020-01, 1/6/2020]
No more than one principal use shall be permitted on a lot, unless specifically permitted by this chapter. See also §
27-1302C (pertaining to multiple occupancy, below). Multiple condominium units, multiple apartments, and, to the extent permitted by the underlying zoning district, multiple nonresidential uses on a single lot shall not be considered a violation if density and other dimensional requirements are met. Multiple principal uses, buildings, or structures shall be permitted on one or more lots, provided that each such use, building, or structure shall independently and individually comply with all requirements of this chapter on a standalone basis. The ability or achievement of establishing such density of multiple uses, buildings, or structures, or occupancies on a lot or lots shall not, by itself, justify the grant of any variances that would be necessary. See also §
27-1319 (pertaining to nonregulation of the form of ownership).
[Ord. No. 2020-01, 1/6/2020]
A. Street Frontage Required.
(1)
Every principal building shall be built upon a lot that has
frontage upon a public private street improved to meet Township standards,
or for which the installation of such improvements have been guaranteed
by the posting of financial security to the Township Subdivision and
Land Development Ordinance.
B. Two or More Buildings or Use on a Lot. When two or more principal
buildings involving two or more principal uses are permitted to exist
on a lot:
(1)
Each principal building or use shall conform to all requirements of this chapter as if each such building or use were on a separate lot, unless specifically permitted by this chapter (see §
27-1302C below); and
(2)
The buildings shall conform to the standards, improvements,
and procedures use, and lots required for a land development by the
Township Subdivision and Land Development Ordinance.
C. Multiple Occupancy.
(1)
Occupancy of a principal commercial or industrial building by
more than one use of similar type is specifically allowed, provided
that all other requirements of this chapter are satisfied.
(2)
Each use within a multiple use building shall apply for separate
zoning and occupancy permits through the appropriate processes.
(3)
Multiple occupancy shall be allowed in the residential districts
where short-term transient rental is a special exception use only
where the second use is a single-family detached dwelling.
[Ord. No. 2020-01, 1/6/2020]
A. No building shall exceed the maximum building height specified in
the relevant district regulations of this chapter, except that such
standard shall not apply to farm silos or grain elevators, communications
towers, amateur radio antennas, water towers, electrical transmission
lines, elevator shafts, windmills, chimneys or other appurtenances
usually required to be and customarily placed above the roof level
and not intended for human occupancy. For these exempted structures,
the maximum height shall be 180 feet above the average surrounding
ground level, except chimneys and belfries or steeples attached to
places of worship shall not exceed 80 feet in height.
B. Height and Aircraft. All uses are subject to any applicable regulations
of the Federal Aviation Administration and the Pennsylvania Aviation
Administration regarding the heights of structures within proximity
of any airport. In addition, for any structure designed to have a
height of 150 feet or more above average surrounding ground level,
the applicant must present sufficient information to the Zoning Officer
that the structure would not be a hazard to air traffic.
[Ord. No. 2020-01, 1/6/2020]
A. In General.
(1)
No lot, building, or use shall be created or developed in such
a way that it would result in another lot, building, or use not being
able to meet the requirements of this chapter. This includes, but
is not limited to, setback areas, nonimpervious areas, off-street
parking areas, minimum and maximum ratios, etc.
(2)
Emergency Access. All buildings shall have adequate provisions
for access by emergency vehicles, as specified by the Pennsylvania
Uniform Construction Code, as amended.
(3)
Setbacks Not Applicable. The accessory or principal setbacks of this chapter shall not apply to fences, or heat pump and central air conditioning units, for individual dwellings. See also exemptions for certain "essential services" in §
27-1403E(6).
(4)
Accuracy. The applicant is responsible to make sure that all
measurements submitted to the Township are accurate.
B. Exceptions to Minimum Lot Areas, Lot Widths and Yards.
(2)
Through Lots. Any lot having frontage on two approximately parallel
streets (not including an alley) shall provide a required front yard
setback abutting each of these streets.
(3)
Corner Lots. Setback distances equal to the minimum front yard
setback shall be provided along all portions of a corner lot abutting
any public street, except where the applicant proves to the satisfaction
of the Zoning Officer that the provision of a smaller setback of a
different yard for a residential building will conform with the clearly
prevailing yard pattern on existing developed adjoining lots fronting
on the same street.
(4)
Projections Into Required Yards. Cornices, eaves, sills, or
other similar architectural features, exterior stairways, fire escapes,
or other required means of egress, rain leads, or chimneys, or other
similar structures that do not include space usable by persons, may
extend or project into a required yard not more than three feet, except
as may be restricted under a drainage or utility easement.
(5)
Septic Systems. Nothing in this chapter shall prevent the Township
Sewage Enforcement Officer from requiring a minimum lot size larger
than the minimums required in this chapter to carry out state and
Township sewage regulations, including Township Ordinance No. 1977-3,
as may be amended.
(6)
Previously Approved Setbacks. Where a subdivision or land development
was granted final approval prior to the adoption of this chapter,
and the lawful setbacks in effect at such time are shown on the approved
plans, those approved setbacks may apply in place of the setbacks
in the Ordinance.
(7)
In any residential zoning district where the lots comprising
more than 75% of the residential frontage in that particular block
have been improved prior to the effective date of this chapter with
the buildings having front yards of less depth than the depth required
for that zoning district, then the required front yard setback for
residential buildings may be decreased for such block to not less
than the minimum of the majority of the buildings which existed prior
to the effective date of this chapter. Once established, this minimum
setback shall be regarded as the front setback for that block and
maintained as such.
C. Buffer Yards. Buffer yards and screening complying with the following
standards shall be required under the following situations as a minimum
standard unless a larger buffer yard or a more dense view-block is
required by another provision of this chapter.
(1)
Buffer Yard Width, When Required. Buffer yards with evergreen
screening shall be required in the following situations:
Buffer Yard to Be provided for the Following:
|
When the Use Providing the Screening and Buffer Is:
|
Width of Required Provided Buffer Yard
(feet)
|
---|
a.
|
Industrial use (including storage, parking, or loading areas.)
|
Abutting a residential district or within 250 feet of an existing
dwelling
|
50
|
b.
|
Commercial use
|
Abutting a residential district or within 250 feet of an existing
dwelling
|
30
|
c.
|
Loading areas or parking of 4 or more tractor-trailers
|
Abutting the right-of-way of an expressway, arterial, or collector
street
|
20, unless such area to a height of 15 feet would be completely
screened or obscured from view of such streets up to a height of 6
feet
|
d.
|
Any other use
|
Required to provide a buffer yard under another section of this
chapter
|
20, unless stated otherwise
|
(2)
Location of Buffer Yards.
(a)
The buffer yard shall be measured from the district boundary
line, if within the lot, future street right-of-way line or lot line,
whichever is applicable.
(b)
Buffer yards shall not be within an future street right-of-way
and shall be in addition to that right-of-way.
(c)
The buffer yard may include areas within a required front, side,
or rear yard, or a paved area setback area, provided that the larger
yard requirement shall apply in case of conflict.
(d)
A commercial or industrial use shall not be required to provide
a buffer yard for an adjacent residential use or district if an expressway
separates the uses.
(3)
Characteristics of Buffer Yards.
(a)
The buffer yard shall be a landscaped area free of structures,
Dumpsters or other waste or recycling containers, commercial or industrial
storage or display, manufacturing or processing activity, materials,
loading or unloading areas, or vehicular parking. No new driveways
or streets shall be permitted in the buffer yards except at points
of ingress or egress. Sidewalks and utility crossings through or over
the buffer yard are permitted.
(b)
Maintenance. In all buffer yards, all areas not covered by trees
or shrubs shall be well-maintained in an all-season natural ground
cover (such as grass), shall be kept free of debris, litter, and rubbish,
and any grass shall not exceed more than eight inches in height.
(c)
Preservation of Existing Vegetation or Slopes. Where a buffer yard is required and either or a combination of an existing tree line, thick vegetation, or steep slopes presently serves as a natural buffer, this buffer shall be maintained for the minimum width required under §
27-1304C(1) above and shall be supplemented if necessary to achieve said minimum width. See also §
27-1517, Preservation of Trees and Forests. If this requirement is violated, the applicant shall be required to plant a buffer yard that will be closely similar in effect, density, and character to the buffer yard that was removed.
(d)
If a substantial natural berm or slope or dense vegetation will
be maintained and will be substantial enough to meet the buffer provisions
of this section, or if topographic conditions or the creation of berming
by the developer would clearly relieve the need and cause for screening,
the Zoning Hearing Board may waive the required evergreen screening.
(e)
Fence. Any fence that may be constructed shall be on the inside
of any required evergreen screening.
(4)
Planting Screen.
(a)
Each buffer yard shall include a planting screen of evergreen
(as opposed to deciduous) trees or shrubs extending the full length
of the lot line.
(b)
Each planting screen shall be in accordance with the following
requirements:
[1] Required plant materials shall have a minimum height
when planted of six feet.
[2] Plant materials used in the planting screen shall
be of such species, spacing and size as can reasonably be expected
to produce, within five years, a solid year-round visual screen at
least 12 feet in height.
[3] The landowner shall permanently maintain the planting
screen and any plant material that is not alive two years after planting
shall be replaced.
[4] The planting screen shall be so placed that at
maturity it will at least three feet from any cartway, lot line, sidewalk,
or access drive.
[5] The planting screen shall be broken only at points
of vehicular or pedestrian access and shall comply with the sight
distance requirements of SALDO.
[6] If evergreen trees are used, as opposed to hedgerows
or shrubs, they shall be planted at offsets in a staggered pattern
to allow space for future growth.
(5)
Plans.
(a)
Prior to the issuance of a construction permit where a buffer
yard would be required, the applicant shall submit plans showing:
[1] The location and arrangement of each buffer yard;
[2] The placement, species and size of all plant materials;
and
[3] The placement, size, materials and type of all
fences to be placed in such buffer yard.
(b)
The Zoning Officer shall review such plans to determine that
the plans are in conformance with the terms of this chapter.
(6)
Species of Plants. Evergreen trees and shrubs shall be of the
following species, unless the applicant proves to the satisfaction
of the Zoning Officer that a substitution would be appropriate.
(a)
Evergreen Trees.
Scientific Name (Latin)
|
Popular Name
|
---|
Ilex opaca
|
American holly
|
Picea omorika Serbian spruce pungens
|
Picea Colorado spruce
|
Pinus thunbergi
|
Japanese black pine
|
Pseudotsuga taxifolia
|
Douglas fir
|
Larix decidua
|
European larch
|
Picea glauca
|
White spruce
|
Picea abies
|
Norway spruce
|
Pinus strobus
|
Eastern white pine
|
(b)
Hedgerow.
Scientific Name (Latin)
|
Popular Name
|
---|
Amalanchier spp.
|
Service berry
|
Crataegus crusgalli
|
Cockspur thorn
|
Crataegua phanenopyum
|
Washington hawthorn
|
Viburnum sieboldi
|
Siebold viburnum
|
Viburnum tomentosum
|
Doublefile viburnum
|
(c)
Evergreen Shrubs.
Scientific Name (Latin)
|
Popular Name
|
---|
Juniperus virginiana
|
Upright juniper
|
Pyracantha lalandei
|
Laland firethorn
|
Taxus capitata
|
Upright or spreading yew
|
Taxus Hicksi
|
Hicks yew
|
Thuja occidentalis
|
American arborvitae
|
Juniperus shinensis
|
Spreading juniper
|
Illex
|
Japanese holly
|
Pinus Mugo
|
Dwarf pine
|
D. Sight Distance at Intersections.
(1)
Intent. To ensure that traffic approaching an intersection with
a through or receiving street or turning onto a street can safely
see oncoming traffic.
(2)
A triangular area as defined in §
27-1304D(4) (below) shall be graded and shall be kept free of sight obstructions, including fences and vegetation, as necessary between the ground level and a height of 10 feet above the intersecting point of the centerline grades at the intersection so that vision is not obscured within the sight triangle as defined.
(3)
This sight distance triangle shall be protected by additional
right-of-way dedication, a deed restriction, lease restriction, municipal
easement, or depiction and/or notation on the recorded plan (whichever
method is applicable).
(4)
The sight distance triangle shall be measured based upon the
intersecting point of the centerlines of the street receiving the
traffic and the intersecting street, accessway, or driveway. The horizontal
extent of the sight distance triangle shall be established by measuring
a distance along the centerline of the receiving street (established
below) way from the intersecting point, and a distance 15 feet* back
from the edge of the pavement or cartway of the receiving street.
The vertical extent of the sight distance triangle shall be defined
by a line of sight from the position of the eye of the driver on the
intersecting street, accessway, or driveway (3.5 feet above the street
surface) in the stopped vehicle, which shall be deemed to be on the
centerline of the intersection street, accessway, or driveway, at
the setback distance of 15 feet* back from the edge of the pavement
of the receiving street to the position of an oncoming vehicle in
either lane approaching the intersection. The elevation of the sight
distance at the approaching vehicle is either lane approaching the
intersection.
NOTE:
|
* A ten-foot offset distance may be used when residential driveways
intersect residential streets.
|
(5)
The following distances shall be used along the centerline of
the receiving street to establish the sight distance triangle:
Minimum Intersection Sight Distance
|
---|
Design Speed of the Receiving Street:
(Mph)
|
Sight Distance (Y) as measured along centerline of Receiving
Street:
(feet)
|
---|
20
|
225
|
25
|
280
|
30
|
335
|
35
|
390
|
40
|
445
|
45
|
500
|
50
|
555
|
55
|
610
|
The sight distance values in the table apply to a vehicle starting
from a stop on a street grade not exceeding 3% on the intersecting
street, accessway, or driveway, and entering or crossing a two-lane,
two-way receiving street. If the rear tires of the stopped vehicle
are resting on a grade steeper than 3%, then the sight distances in
the table should be increased by 10%. If the through street contains
a median or includes more than one through lane in either direction,
an adjustment should be made to the sight distance as follows:
|
Y = 1.47 V (7.5 + 0.5 X AL)
|
Where:
|
Y
|
=
|
sight Distance (feet)
|
V
|
=
|
through street Design Speed (mph)
|
AL
|
=
|
number of additional travel lanes (count lanes in both directions)
|
Note: Any median width should be converted to equivalent
additional travel lanes by dividing the median width by 12 feet.
(a)
These sight distance requirements shall apply to all intersections
involving a street and another street, accessway, or driveway, except
these requirements shall not apply to an individual driveway serving
only single-family detached one- or two-family detached dwelling units.
(b)
A sight distance triangle shall be established for each direction
of approach to an intersection unless it is clear that the receiving
street will continue to be the primary or more important street and
will not have a traffic control device installed.
[Ord. No. 2020-01, 1/6/2020]
A. Groundcover. Any part of a commercial, industrial or institutional
lot which is not used for structures, buildings, loading areas, parking
spaces and aisles, sidewalks or designated storage areas shall be
provided with an all-season, well-maintained natural groundcover,
and shall be attractively landscaped with trees and shrubs native
to Eastern Pennsylvania as designed by a licensed landscape architect.
The ground cover shall be resistant to soil erosion and sediment releases.
B. See also §
27-1603G, Paved Area Landscaping, §
27-1603H, Parking Lot Screening, §
27-1304C, Buffer Yards, and any street tree requirements of the Subdivision and Land Development Ordinance.
C. The trunks of all trees and shrubs shall be located at least three
feet from any cartway, or lot line except for street trees as may
be required by the Subdivision and Land Development Ordinance. All
trees and shrubs shall be pruned and trimmed at least annually so
as not to encroach on any cartway, sidewalk, or lot line.
[Ord. No. 2020-01, 1/6/2020]
A. Purpose. Minimum future right-of-way widths are established for streets
where the width of the existing right-of-way is less than that indicated
in this section for the particular class of street. These future rights-of-way
are designed to establish and reserve adequate rights-of-way for future
circulation improvements, including street widening, shoulders, bikeways,
and sidewalks, and to provide rights-of-way for needed public sewer
and water lines and other utilities.
B. Dedication of Future Right-of-Way. See the requirements in the Township
Subdivision and Land Development Ordinance.
C. Measurement.
(1)
The future right-of-way shall be measured with 1/2 of the minimum
required width on each side of the centerline of the existing right-of-way.
If the existing right-of-way is clearly significantly off-center from
the centerline of the cartway, the centerline of the cartway shall
be used instead to measure for the future right-of-way.
(2)
The specific classification of each street is shown on the Township
Official Street Classification Map, which is part of the SALDO.
D. Minimum Widths. The following minimum widths of future rights-of-way
for future circulation improvements shall be established and reserved
along each street, unless a differing right-of-way is required by
the Township Subdivision and Land Development Ordinance, in which case the greater width shall be required:
Street Classification
|
Minimum Future Right-of-Way
(feet)
|
---|
Expressway
|
120
|
Arterial street
|
80
|
Collector street
|
60
|
Local and private street
|
50
|
E. Ownership and Maintenance. If neither the Township nor PennDOT accept
dedication of a future right-of-way at the time the right-of-way is
established and offered for dedication in connection with development
of a use, then that land within the future right-of-way shall remain
a part of the adjacent lot and shall be reserved for future dedication
until such time as either the Township and/or
F. PennDOT accept dedication of the entire future right-of-way. A note
shall be added to the plan that right-of-way has been established
and reserved for the future dedication and acceptance.
[Ord. No. 2020-01, 1/6/2020]
A. Driveways. A driveway or accessway serving a commercial or industrial
use shall be deemed to be integral with such use, and shall not be
a permitted use in a residential district. This restriction shall
not apply to a driveway or accessway that will be clearly limited
to use by emergency vehicles only.
[Ord. No. 2020-01, 1/6/2020]
A. Access Points Involving Left-Hand Turn Limitations.
(1)
Each lot with less than 150 feet of frontage on an arterial
street shall have not more than one access point involving left-hand
turns onto each such arterial street. No lot with 150 feet or more
feet of total frontage on an arterial street shall have more than
two access points involving left-hand turns onto any such arterial
street.
(a)
This provision shall not apply to the following:
[1] Construction of a new street onto an existing arterial
street; or
[2] Access points that are clearly limited to use by
emergency vehicles only.
(b)
A separate ingress point and a separate egress point shall be
considered to be one access point, if well marked.
(2)
Where practicable, access to two or more lots shall be combined
and shared to minimize the number of access points onto an arterial
street.
(3)
Shared parking lots and access points are strongly encouraged. See possible reduction of parking requirements in §
27-1601B, Conditional Reduction in Off-Street Parking Areas.
(4)
See the access control provisions of the Township Subdivision
and Land Development Ordinance.
(5)
Wherever possible, a system or network of interior access (such
as common driveways, parking courts and accessways) shall be provided
that minimizes access points onto all adjacent public streets.
[Ord. No. 2020-01, 1/6/2020]
A. Registration of Nonconformities. The person or party asserting a
nonconformity shall be responsible for and have the burden of proof
to provide the evidence that the nonconformity is lawful. A property
owner (or other person with legal standing) shall register the nonconformity
with the Zoning Officer.
B. Continuation. A lawful nonconforming use, structure, building or lot as defined by this chapter may be continued, maintained, improved, and repaired, provided the nonconformity conforms to this section and other applicable ordinances of the Township (except as provided for in §
27-1309G, pertaining to changes from one nonconforming use to another).
C. Alteration or Expansion of Nonconformities.
(1)
Nonconforming Structure.
(a)
A nonconforming structure may be altered, reconstructed or enlarged
provided that:
[1] Such alteration, reconstruction, or enlargement
does not increase the amount or extent of the nonconformance or the
nonconforming part of the structure;
[2] The enlargement complies with setbacks normally
required for a similar permitted use in that district; and
[3] The enlargement is less than 10% of the "footprint"
area of the original structure that was in place at the time of the
change to this chapter that made the structure nonconforming.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion or enlargement of the nonconforming structure shall also meet the requirements of §
27-1309C(3) (pertaining to expansion of a nonconforming use) below.
(2)
Nonconforming Lots of Record.
(a)
Permitted structures and uses may be constructed or expanded
on a legally existing nonconforming lot, subject to the requirements
of the Zoning Ordinance that was in effect at the time of subdivision
or other means of creation of the lot, and only in compliance with
the following:
[1] If either the proposed minimum lot width or the
minimum lot area would be less than what would otherwise be required,
a variance shall be obtained before any construction is permitted
on the lot.
[2] Lawfully Existing. A use may only be developed
on a legally existing nonconforming lot, subject to the requirements
of the Zoning Ordinance that was in effect at the time of subdivision
or other means of creation of the lot.
[3] Setbacks. Yard setbacks and other requirements
of this chapter shall be in compliance with this chapter unless a
variance is granted by the Zoning Hearing Board.
[4] Only one principal and its customary accessory
uses that are permitted by right in that zoning district may be developed
on a nonconforming lot.
[5] In the LDR and MDR Zoning Districts, in no case
shall a principal building be developed on a nonconforming lot with
minimum lot area of less than 5,000 square feet and the minimum lot
width as measured at the minimum building setback line of less than
45 feet.
[6] For any variance or special exception request under
this section, the Zoning Hearing Board shall expressly consider if
any reasonable use could be made of the property other than the proposed,
which alternative uses(s) would less significantly adversely affect
the established character of an existing residential neighborhood.
[7] The nonconformity shall not have been self-created.
[8] Contiguous nonconforming lots under common or closely
related ownership and which have been actually used or treated as
an integrated lot shall be merged into one lot.
[9] Any lot proposed to use an on-lot sewage disposal
system shall meet all DEP requirements, plus shall have sufficient
open area that would also meet DEP requirements for a second drain
field, for use in case the first absorption field fails.
(3)
Expansion of a Nonconforming Use. A nonconforming use, structure,
or a building used by a nonconforming use shall not be expanded, or
enlarged, except in accordance with the following provisions:
(a)
Such expansion or enlargement shall be permitted only by special exception from the Zoning Hearing Board under the provisions of Part
1, §
27-119 (pertaining to special exception use procedure).
(b)
Such expansion or enlargement shall be confined to the same
lot upon which the nonconforming use was located upon at the time
the use became nonconforming.
(c)
A nonconforming use shall not be increased in either total floor
area of buildings, total area covered by impervious surfaces, or of
total number of dwelling units, by greater than 50% above each such
measurement as it applied to the nonconforming use as it existed at
the time such use became nonconforming. Whichever of these limitations
is the most restrictive shall apply and govern. This maximum increase
shall be measured in the aggregate over the entire life of the nonconformity
since the use became nonconforming.
(d)
Any expansion or enlargement of a nonconforming use shall comply
with all required setbacks unless a variance is granted by the Zoning
Hearing Board.
(e)
For a similar use in the zoning district, a nonconforming use
in a residential district proposed to expand shall as a minimum meet
the setback requirements that would otherwise apply to a single-family
detached dwelling.
D. Restoration of Destroyed Nonconformities.
(1)
A nonconforming building or structure that has been destroyed
or damaged to the extent of 50% or more of its total fair market value
by fire, windstorm, lightning, or a similar cause deemed to be no
fault of the owner, may be rebuilt only if the application for a building
permit is submitted within one year from the date of the damage or
destruction; otherwise, the nonconforming building or structure shall
be deemed to have been abandoned and shall be terminated and discontinued.
(2)
No rebuilding shall be undertaken as provided herein until plans
for rebuilding have been presented and approved by the Zoning Officer.
Any change of one nonconforming use to another nonconforming use shall
comply with the provisions of this section.
E. Change in Ownership. Whenever a nonconforming use, building, structure,
or lot is sold or transferred to a new owner, the new owner, within
the requirements of this chapter, may continue a previously lawful
nonconforming use.
F. Abandonment of a Nonconformity.
(1)
If a nonconforming use of a building or land is discontinued,
razed, removed, or abandoned for 365 or more days, except for the
shorter period provided for in § 27-1309(3), then all subsequent
use of such building, structure, or land shall conform with the regulations
of the district in which it is located.
(2)
The act of abandonment and the intent to abandon shall be presumed
to commence on the date when customary efforts to continue the use
cease. Such efforts shall be limited to the following:
(a)
For a residential use, actual habitation of the premises;
(b)
For a business use, actual conduct of business on the premises;
(c)
Active attempts to sell the property for such a use, including,
but not limited to, listing the property with an agent, posting the
property with a "for sale" sign for the use, and/or advertisements
of the sale;
(d)
Purchase of a property for such a use;
(e)
Substantial financial and/or labor investment in a property
for such a use; and/or
(f)
Applications to the Zoning Hearing Board for such a use.
(3)
Nonconforming Use of Open Land. All nonconforming signs, billboards, junk storage areas, outside storage areas and similar nonconforming uses of open land, when discontinued, razed, removed, or abandoned for a period of 90 days, or damaged to an extent of 50% or more of replacement cost, shall not be continued, replaced, repaired or reconstructed. For parking of commercial vehicles, see §
27-1604, pertaining to parking of commercial vehicles in residential zoning districts and unregistered vehicles.
G. Changes from One Nonconforming Use to Another.
(1)
After a nonconforming use is changed to a conforming use, no
such building, structure or land shall revert to or be used by a nonconforming
use.
(2)
A nonconforming use may be changed to another nonconforming
use only if the change and the new nonconforming use are permitted
as a special exception by the Zoning Hearing Board after the following
conditions are met:
(a)
The applicant shall show that the nonconforming use cannot reasonably
be changed to a conforming use; and
(b)
The applicant shall show that the proposed nonconforming use
will be no more objectionable in external effects and impacts on the
adjoining and other nearby properties than the existing nonconforming
use with regard to:
[1] Traffic generation (especially truck traffic);
[2] Noise, dust, fumes, vapors, gases, odor, glare,
vibration, fire, and explosive hazards;
[3] Amount and character of outdoor storage; and
[4] Compatibility with the character of the surrounding
area.
H. District Changes. Whenever the boundaries of a zoning district are
changed so as to transfer an area from one zoning district to another
zoning district, the provisions of this section shall also apply to
any uses, buildings, or structures that are existing in the zoning
district, and are nonconforming in the zoning district to which the
area was transferred.
I. Floodplain Area. In the floodplain areas, as defined by the Township Floodplain Area Regulations of §
27-1506, pertaining to alluvial soils, §
27-1507C, pertaining to identification of floodplain areas, and §
27-1507H(2), pertaining to definition of Floodplain Area, Floodplain Ordinance 2001-1, and its successors, all nonconforming buildings, structures and uses, including agricultural, shall be subject to the following:
(1)
Existing nonconformities located in such floodplain area shall
not be extended, expanded, or enlarged, unless any effect of the proposed
extension, expansion, or enlargement to increase the predicted flood
elevations is fully offset by accompanying stream improvements or
otherwise.
(2)
The effect shall not utilize any portion of any freeboard, or
tolerance, or allowance for the higher flood elevations that may result
from such extension, expansion, or enlargement. Any modification,
alteration, repair, reconstruction, or improvement of any kind to
an existing nonconformity, to an extent or amount of more than 50%
of the nonconformity's fair market value, shall be elevated and/or
floodproofed to at least 1 1/2 feet above the 100-year flood
level, to the maximum extent possible.
(3)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing nonconformity, to an extent or amount of
50% or more of its fair market value shall be undertaken only in full
compliance with the provisions of this chapter and all other applicable
Township, state, and federal laws and regulations.
[Ord. No. 2020-01, 1/6/2020]
A temporary permit may be issued by the Zoning Hearing Board
as a special exception for structures or uses subject to the following
additional provisions:
A. Duration. The life of such permit shall not exceed one year and may
be renewed for a total combined period of not more than two years.
B. Statement from Owner. Prior to the issuance of a permit for a temporary
use or structure, the applicant shall present a notarized statement
from the owner of record of the land acknowledging the application
and accepting responsibility to ensure that the temporary use or structure
is removed after the permit expires. The form and content of the statement
shall be acceptable to the Zoning Hearing Board.
C. Removal. Such temporary structure or use shall be removed completely
upon expiration of the permit without cost to the Township. If the
temporary structure or use is not removed in a timely fashion after
proper notification, the Township may, but need not, remove the temporary
use or structure, the cost of which shall collectible from the person
who owns the land upon which the temporary structure or use is located.
D. Financial Security. The Zoning Officer may require that a bond or
other acceptable form of financial security per the MPC be posted
by the applicant to ensure removal of the temporary use or structure.
Such financial security shall be in an amount not less than 125% of
the cost of removing the temporary structure or use, as estimated
by the Township Engineer.
E. Compatibility. The temporary use or structure shall be compatible
with adjacent uses.
F. Conditions. The temporary use or structure shall clearly be of a
temporary nature.
G. Construction Vehicle Parking and Temporary Offices. See "Essential
Services," a permitted-by-right accessory use, in Part 14.
H. Tents. This section shall not apply to tents erected for a maximum
of 14 days in any calendar year for routine and customary accessory
uses that are permitted by right.
I. Retail sales of fireworks are strictly and absolutely prohibited
in tents, pavilions, and/or temporary structures.
[Ord. No. 2020-01, 1/6/2020]
A. Intent. This section provides for and regulates a site plan review
for certain uses that require special attention to more effectively
ensure compliance with this chapter and to provide a review of items
and impacts such as traffic access.
B. Conditional Uses. For conditional uses, the site plan review shall be part of the requirements and review of the conditional use (see §
27-118).
C. Special Exceptions. The site plan review shall be part of the requirements and review of the special exception, per §
27-119B(2) (pertaining to procedure).
D. When Otherwise Required.
(1)
A site plan meeting the requirements of this section shall be
submitted for any of the following proposed uses, buildings, or structures,
unless such use, building, or structure is required to be submitted
to the Township as a subdivision or land development:
(a)
Any expansion of more than 2,000 square feet in the floor area
of a building or structure of one the following types:
[1] Industrial, office, or commercial building or use;
[2] School, place of worship, or institutional building.
(b)
Any new or expansion of an impervious area of greater than 5,000
square feet.
(c)
Conversion of a noncommercial building to a new principal commercial
use.
(2)
For any proposed use, building, or structure that is a subdivision
or land development, as defined by the Municipalities Planning Code,
the Planning Commission and Board of Supervisors shall consider whether
the proposal and plan will comply with this chapter, may make recommendations
concerning such matters to the Zoning Officer, and shall not approve
a subdivision or land development that does not comply with this chapter.
E. Procedure for Permitted-By-Right Uses Requiring Site Plan Review.
(1)
Initial Reviews.
(a)
The applicant shall ensure that a proposed use, building, or
structure will be allowable under this chapter prior to a submission
to the Planning Commission for a formal site plan review.
(b)
The formal submission to the Planning Commission shall not occur
until any needed dimensional zoning variances are received that are
related to the submission.
(c)
Either the applicant or the Planning Commission may request
an informal review by the Planning Commission of a site plan prior
to the applicant requesting any variances.
(2)
Submission. Fifteen complete copies of any required site plan
shall be submitted to the Township. The Zoning Officer shall refuse
to accept an application if it does not contain sufficient information
to determine compliance with this chapter.
(3)
Time. The Planning Commission and the Board of Supervisors shall
each review the site plan within 90 days following the first regularly
scheduled Planning Commission meeting after the receipt of a complete
site plan submission, unless the applicant agrees in writing to a
time extension.
(4)
Effect. A site plan review by itself shall not relieve the applicant
of any other obligation under any other provision of a Township Ordinance,
nor shall said review constitute a recommendation for a zoning variance.
(5)
Distribution. The Township shall distribute the copies of the
site plan to the Planning Commission, to the Township Engineer, and
to the Sewage Enforcement Officer. A minimum of one copy shall be
retained in the Township files.
(6)
The Planning Commission shall review the site plan and submit
the Planning Commission's written recommendations to the Board of
Supervisors.
(7)
The Zoning Officer shall review the site plan and determine
the site plan's compliance or noncompliance with this chapter, based
upon his review, and submit the written findings of the review to
the Board of Supervisors.
(8)
Compliance. The applicant and successors shall comply with the
depictions and representations of the site plan upon which the zoning
approval was received together with all terms and conditions of said
approval. Any changes to the approved site plan shall be resubmitted
to the Township for approval.
F. Site Plan Requirements. The following information shall be included
on the site plan, unless waived by the Planning Commission as not
applicable or necessary:
(1)
Proposed Use. A statement describing the proposed use.
(2)
Layout. A map or plan view depiction of the site drawn to a
scale of one inch equals 50 feet (or another scale preapproved by
the Township Engineer or Zoning Officer) showing the location, dimensions,
and area of each lot; the location, dimensions, and height of proposed
and any existing structures; and the required setback areas.
(3)
Buffer Yards. The width of any buffer yard and the heights,
spacing, and types of plants to be used for screening. Also details
of any proposed earthen berm or acoustic barrier.
(4)
Landscaping. Description of the general numbers, locations,
and types of landscaping to be provided in off-street parking lots,
along streets, and in other vegetative areas.
(5)
Use Areas. The proposed use areas within the development, including
outdoor storage or display areas.
(6)
Parking. The locations, dimensions, and numbers of parking spaces; the location, dimensions, grade or slope, direction, and widths of parking lot aisles; and the location, sizes, grade or slope of off-street loading and unloading areas. The method of calculating the off-street parking requirement shall be shown, based upon §
27-1601, Required Number of Off-Street Parking Spaces.
(7)
Driveways and Accessways. The locations, widths, grade or slope,
other dimensions, and materials of all driveways and accessways to
or from the site, including sight distances.
(8)
Lighting. The height, location, and approximate intensity of
exterior lighting.
(9)
Signs. The sign display area, height, location, and method of
lighting of all signs.
(10)
Sidewalks. The location and width of any sidewalks and curbing.
(11)
Utilities. Provisions to be made for conveyance, treatment,
and disposal of sewage and industrial wastes, including any proposed
and an alternate back-up on-lot septic absorption field locations,
provisions for water supply and estimated volumes, on-site service
lines, facilities, and equipment for electricity, telecommunications,
cable TV, radio, internet, natural gas, and heating, ventilation,
and air conditioning systems.
(12)
Nuisances and Safety. A description of any proposed industrial
or commercial operations, or any outdoor loading, unloading, or storage
or display in sufficient detail to indicate effects of those operations
in producing noise, glare, effects of lighting, air pollution, fugitive
dust, smoke, fumes, water pollution, or fire hazards or hazards from
use of highly toxic or hazardous materials or chemicals, or other
public health or safety hazards. The location and distance to the
nearest operable fire hydrant shall be provided, together with all
fire prevention and protections measures that are proposed.
(13)
Grading.
(a)
Existing and proposed contours at two-foot intervals, except
that five-foot intervals are allowed where slopes are greater than
10%.
(b)
Slopes between 12% and 25% and greater than 25% shall each be designated in a distinctive manner. See "Steep Slope" requirements in Part
15, §
27-1503.
(14)
Drainage. All proposed site grading and stormwater drainage
and management provisions and proposals. Proposals for maintenance,
ownership, and liability responsibilities for any stormwater detention
basins or other "best management practices" facilities. The use shall
comply with the stormwater management requirements of the Subdivision
and Land Development Ordinance and any applicable watershed management plans.
(15)
A key map showing the entire site or project and its relation
to surrounding lots and existing and approved buildings and streets.
All adjacent land uses shall be designated.
(16)
Zoning district and dimensional requirements for the use proposed
on the site, including both "required" and "proposed" or "provided"
dimensions and ratios.
(17)
Delineation of any floodplains on the site from the Official
Floodplain Maps.
(18)
Name and address of the person who prepared the site plan.
(19)
Certification of ownership or other clear form of control of
the land by the applicant, and acknowledgement of site plan signed
by landowner.
(20)
Such other data or information as either the Zoning Hearing
Board, the Planning Commission, or the Board of Supervisors shall
reasonably deem necessary to determine compliance with Township ordinances.
(21)
Truck Traffic. The applicant shall provide and estimate of the
amount, direction, times, and types of heavy truck (greater than 7,000
pounds gross vehicle weight) traffic that will be generated.
(22)
Solid Waste and Recycling. Provisions, locations, and dimensions
of facilities and equipment for the minimization, collection, holding
or storage, processing, pick-up, and disposal or transportation of
solid waste and recyclable materials generated by or from the site.
[Ord. No. 2020-01, 1/6/2020]
A. Every property owner is responsible to ensure that the property owned
or controlled by that property owner does not threaten the public
health or safety. Property owners shall remove or alter any structure,
building, condition, or situation and cease any use that threatens
the public health and safety, specifically including, but not limited
to, the following:
(1)
Structures and buildings that are structurally unsound and at
imminent risk of collapse, including structures damaged by fire;
(2)
Storage areas and detention basins that are not properly fenced
or otherwise secured from young children.
B. If the Zoning Officer becomes aware of a serious threat to the public
health and safety, the Zoning Officer may provide a written notice
requiring that the property owner where such threat is located abate
the hazard by repair, removal, or other means within a specified reasonable
time period. If the hazard is not abated within the reasonable period
of time stated in such notice, the Township may abate or cause to
be abated the hazard in any reasonable manner. In such case, the property
owner shall compensate and reimburse the Township for all such expenses,
including engineering and legal fees.
[Ord. No. 2020-01, 1/6/2020]
A. Applicability. The requirements of this section shall apply to any
use, building or structure that is not otherwise regulated by stormwater
requirements of the Township Subdivision and Land Development Ordinance, or by an implemented watershed stormwater management plan.
B. Review. All proposed stormwater control methods are subject to review
by the Township Engineer. All such methods shall be acceptable to
the Township Engineer, based on current professional standards, criteria,
techniques, and practices.
C. Run-Off Rate Restrictions. All new or expanded developments such
as buildings, structures, parking lots, and other paved or impervious
surfaces, shall limit the rate of stormwater runoff (in terms of cubic
feet per second), so that no greater rate of runoff will occur than
occurred on the site prior to development, based upon the one-, two-,
five-, ten-, twenty-five-, fifty-, and 100-year recurrent interval
storms.
D. Calculations. The applicant shall provide pre- and post- development
stormwater run-off calculations for all uses that involve an addition
or change of 5,000 square feet or more of impervious cover. Where
crop farming or disturbed earth exists on the site prior to development,
the coefficient of runoff or soil curve number for meadow in good
condition shall be used instead as the pre-development starting base
for such surface area calculations.
E. Other Run-Off Limitations. The quantity, volume, point of discharge,
concentration and flow type, tributary area, sediment load, velocity
and direction of all stormwater runoff from the development shall
be managed in a manner as to adequately protect all downstream persons
and property from possible injury or damage.
F. Run-Off Water Quality. Appropriate methods shall be used to separate
oils, greases, and other contaminants, pollutants, or hazardous substances
from any stormwater run-off from the site or run-off water that will
be absorbed, percolated, or infiltrated into the groundwater, including,
but not be limited to, oil-water separation provisions in catch basins.
G. Easements. Easements and facilities shall be provided for stormwater
run-off from the site.
[Ord. No. 2020-01, 1/6/2020]
See the requirements of the Township Subdivision and Land Development
Ordinance.
[Ord. No. 2020-01, 1/6/2020]
Every principal building shall post its street number address
(if one has been established) in a prominent place such that it can
be clearly viewed from a public street, including at night. The numbers
shall be reflectorized and not less than three inches high and 1 1/2
inches wide as referenced in Ordinance 2002-9.
[Ord. No. 2020-01, 1/6/2020]
A. Intent. To allow certain land uses to be developed with single and
separate ownership of buildings by individuals, while all or most
of the land area and/or some buildings or portions thereof are owned
commonly and maintained by a Homeowners Association, Condominium Association,
or a similar legal entity.
B. Lot Area Requirements. All lot area, setback and other requirements
of this chapter shall be met or able to be met by any use, lot, building
and structure. However, with the approval of the Board of Supervisors,
the actual division of land into individual lots with single and separate
ownership may be required. Instead, a condominium form of ownership
of portions of the buildings or structures may be permitted. Where
condominiums are proposed, lot lines, building locations, and condominium
unit boundary lines shall be shown on a recordable plan to demonstrate
that all setback and lot area requirements are met, to depict the
extent and limits of ownership of each unit. See also § 27-1320
pertaining to nonregulation of the form of ownership.
[Ord. No. 2020-01, 1/6/2020]
Any principal commercial, industrial, or institutional building
shall be separated by a minimum of 25 feet from any other such building.
All facades or elevations that are separated by less than 100 feet
shall be constructed of fire-resistant materials.
[Ord. No. 2020-01, 1/6/2020]
A. No vehicle or equipment that is required to be registered or licensed
to be operated on a public road shall be parked, stored, or abandoned
without such registration or license being in effect, or in an operable
condition, in or on any front yard, driveway, or in any front yard
setback area of a property or lot for more than 30 days, except for
junkyards, licensed service stations, licensed motor vehicle dealers
or similar uses.
B. Not more than one vehicle or piece of equipment that is required to be registered or licensed to be operated on a public road shall be parked, stored, or abandoned without such registration or license being in effect, or in an operable condition, in or on any exterior portion of a property or lot for more than 30 days, subject to Subsection
A hereof, and except for junkyards, licensed service stations, licensed motor vehicle dealers or similar uses.
[Ord. No. 2020-01, 1/6/2020]
It is not the intent of this chapter to regulate the form of
ownership of single and separate uses as defined and established by
this chapter, unless the form of ownership is the essence of the use,
or specifically provided otherwise. To that end:
A. Uses, buildings or structures of all kinds may be owned and singly
occupied and separately in fee simple, as a condominium, leased or
by other forms of tenancy.
B. Common elements, common open space, open space, conserved or preserved
areas, accessory uses, buildings and structures, and yard and buffer
areas may be owned singly and separately in fee simple, in a condominium,
by a homeowners' association or other divided interests, leased, as
an easement, dedicated, or by other forms of ownership or tenancy,
whether or not the ownership or tenancy is common with any adjacent,
nearby, or associated use, building, or structure.