[Ord. 125, 7/18/2007, § 801]
1.
Frontage Required onto Improved Street. Each proposed new lot, each
land development and each proposed principal building shall be on
a lot which directly abuts a public street, a street proposed to be
dedicated to the Township by the subdivision plan which created or
creates such lot, or a private street which meets all of the requirements
of the Township Subdivision and Land Development Ordinance [Chapter
22]. In the case of townhouses, manufactured/mobile home park, or
apartments, each unit may have access onto a parking court which then
has access onto a public or private street meeting Township standards.
2.
Number of Principal Uses and Principal Buildings Per Lot.
A.
A lot in a commercial or industrial district may include more than
one permitted principal use per lot and/or more than one permitted
principal building per lot, provided that all of the requirements
are met for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most restrictive requirement
shall apply.
(1)
For example, if use one requires a one acre lot area and use
two on the same lot requires a two acre lot area, then the lot shall
have a minimum lot area of two acres.
(2)
The applicant shall submit a site plan that demonstrates that
each structure would meet the requirements of this chapter.
(3)
The uses and buildings shall be in common ownership. However,
a condominium form of ownership of individual buildings, with a legally
binding property owners association, may be established if the applicant
proves to the satisfaction of the Zoning Officer, based upon review
by the Township Solicitor, that there will be appropriate legal mechanisms
in place.
B.
A lot within a residential district shall not include more than one
principal use and shall not include more than one principal building
unless specifically permitted by this chapter.
(1)
A manufactured/mobile home park, condominium residential development
or apartment development may include more than one principal building
per lot, provided all other requirements of this chapter are met.
A condominium form of ownership of individual dwelling units, with
a legally binding homeowners' association, may be established
if the applicant proves to the satisfaction of the Zoning Officer,
based upon review by the Township Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
3.
Minimum Size of Dwellings. Each dwelling unit shall include a minimum
of 600 square feet of enclosed habitable, indoor, heated floor area,
which shall be primarily above the ground level.
4.
Maximum Occupancy. No recreational vehicle shall be occupied on a
lot for more than 14 days in a ninety-day period, except as may be
approved within a campground with suitable central water and sewage
service. No mobile/manufactured home shall be occupied on a lot as
a dwelling unless it meets all of the requirements for a dwelling.
[Ord. 125, 7/18/2007, § 802]
The maximum structure height specified for each district shall not apply to: antenna that meet the requirements of this chapter, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys, heating/ventilation/air conditional equipment, industrial mechanical equipment areas that are not occupied by humans, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 27-202 and provisions in § 27-307, Subsection 2.
[Ord. 125, 7/18/2007, § 803]
1.
In General.
A.
No lot, structure 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 and off-street
parking areas.
B.
Emergency Access. All uses and structures shall have adequate provisions
for access by emergency vehicles and fire ladders. Such access shall
be maintained in a passable condition by the owner of the lot, or
where applicable by the property-owner association.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
A.
Corner Lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 27-202.
B.
Projections into Required Yards.
(1)
Cornices, eaves, roof overhangs, sills or other similar architectural
features, exterior stairways, unenclosed fire escapes or other required
means of egress, rain leads, chimneys, outside doors for basement
access, window awnings, chaise for heating pipes 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 required within a drainage or utility easement.
(2)
Steps, stoops, fire escapes, handicapped ramps, and landings
necessary to provide entrance to a building may be located within
a required setback area.
C.
Lot Widths Around Curves. Around the bulb of a cul-de-sac street
or on the outside of the curve of a street with a radius of less than
150 feet, the minimum lot width at the minimum building setback line
may be reduced to 60% of the width that would otherwise be required.
3.
Sight Clearance at Intersections. At the intersection of two streets,
a clear sight triangle shall be provided. Within this triangle, no
visual obstructions shall be allowed between the height of three feet
and 10 feet above the ground level, except for utility posts, mailboxes,
single sign posts and the trunks of canopy trees. The triangle shall
be measured along the center line of the right-of-way line of the
streets. Each leg of the triangle shall be measured 100 feet from
the intersection of the center lines of the streets, except the length
shall be increased to 150 feet along the center line of a collector
street or an arterial street. A third longer leg shall connect the
two legs along the center lines, to form the triangle.
A.
However, in place of the above sight triangle, where a local street
intersects an arterial or collector street with a stop sign only at
the local street, each leg of the triangle along the arterial or collector
street shall be increased to 250 feet and the leg along the local
street shall be decreased to 15 feet beyond the right-of-way of the
arterial or collector street.
B.
The clear sight triangle shall be kept free of such obstructions
in perpetuity.
C.
Where a new driveway enters onto a state road, the Township may require
the establishment of a clear sight triangle that is equal in length
along the intersecting street to the minimum sight distance that will
be required under state regulations and then connected to a leg of
a triangle that is measured 15 feet back from the right-of-way of
the state road.
D.
Where a new driveway enters onto a Township road, the Township may
require the establishment of a clear sight triangle that is 150 feet
in length along the center line of the intersecting street, measured
in each direction from the point of intersection of the center line
of the driveway and the intersecting street. A third longer leg in
each direction shall connect the two legs that run along the center
lines, to form the triangle. The leg running along the center line
of the driveway shall be measured 10 feet back from the right-of-way
of the street.
4.
Buffer Yards. Buffer yards and plant screening complying with the
following standards shall be required under the following situations,
unless a more restrictive provision is established by another section
of this chapter:
A.
A minimum twenty-foot wide buffer yard with plant screening shall
be required along the rear and side lot lines of any lot used principally
for principal nonresidential purposes that is contiguous to a lot
occupied by an existing principal dwelling or an undeveloped residentially
zoned lot.
(1)
If a principal business use will include areas used for manufacturing
or will have a loading dock that will be routinely serviced by two
or more tractor-trailer trucks or refrigerated trucks, then the minimum
buffer yard width along such manufacturing area and/or loading dock
shall be increased to 60 feet, and the minimum initial height of plantings
shall be increased to six feet.
(2)
If a lot will include more than 100,000 square feet of new business
building floor area, then the minimum buffer yard width shall be increased
to 60 feet and the minimum initial height of plantings shall be increased
to six feet.
(3)
If a dwelling will be on the same lot as a principal business
use, then a buffer yard shall not be required by this section.
(4)
A ten-foot minimum buffer yard with landscaped screening shall
be required where a subdivision or land development of new dwellings
will have rear yards abutting a public street or expressway.
(5)
A buffer yard is also required to be provided by the following
if they are abutting and visible from a public street:
(a)
Along lot lines and street rights-of-way of any newly developed
or expanded outdoor industrial storage or loading area.
(b)
Along lot lines and street rights-of-way of any newly developed
or expanded area routinely used for the overnight parking of two or
more tractor-trailer trucks or trailers of tractor-trailers.
B.
A required yard may overlap a required buffer yard, provided the
requirement for each is met. The buffer yard shall be measured from
the district boundary line, street right-of-way line or lot line,
whichever is applicable. Required plantings shall not be placed within
the right-of-way, except that the Township may allow deciduous canopy
trees.
C.
The buffer yard shall be a landscaped area free of structures, dumpsters,
commercial or industrial storage or display, signs, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display.
D.
Fence. Any wall or fence in a buffer yard shall be placed on the
inside (nonresidential side) of any required plant screening. If a
fence in a buffer yard has one side that is more finished or smoother
than the other side, the more finished or smoother side shall face
the outside of the buffer yard.
E.
Each planting screen shall meet the following requirements:
(1)
Plant materials needed to form the visual screen shall have
a minimum height when planted of four feet. In addition, an average
of one deciduous shade tree, with a minimum trunk diameter of two
inches measured six inches above the finished ground level, shall
be placed for each 50 feet of length of the buffer yard. The shade
trees may be clustered or spaced unevenly.
(2)
Plants needed to form the visual screen shall be of such species,
spacing and size as can reasonably be expected to produce within three
years a mostly solid year-round visual screen at least six feet in
height.
(3)
The plant screen shall be placed so that at maturity the plants
will not obstruct a street or sidewalk.
(4)
The plant visual screen shall extend the full length of the
lot line, except for: (a) Township-approved points of approximately
perpendicular vehicle or pedestrian ingress and egress to the lot,
(b) locations necessary to comply with safe sight distance requirements
where the plantings cannot feasibly be moved further back, and (c)
locations needed to meet other specific state, Township and utility
requirements, such as stormwater swales.
(5)
American Arborvitae and similar weak-stem plants shall not be
used to meet the buffer yard requirements. A monotonous straight row
of the same species is discouraged. A more naturalistic form of planting
is encouraged with a mix of species. If more than 20 evergreen plants
are proposed, no more than 50% shall be of one species.
(6)
Evergreen trees should be planted at diagonal off-sets so that
there is room for future growth of the trees.
(7)
The plant screening shall primarily use evergreen trees.
(8)
If existing healthy trees with a trunk diameter of six inches
or greater (measured 4.5 feet above the ground level) exist within
the buffer yard, they shall be preserved to the maximum extent feasible.
The Zoning Officer may certify that preserving existing mature trees
and shrubs within the buffer yard will meet the same purposes as the
new plant screening. In such case, part or all of the new plant screening
may be waived in writing by the Zoning Officer.
(9)
The use of earth berms in combination with landscaping is encouraged
within buffer yards to provide additional protection to dwellings
and residential areas. An earth berm may be required as a condition
of a conditional or special exception use approval.
[Ord. 125, 7/18/2007, § 804]
1.
Any part of a commercial, industrial, institutional or apartment
lot which is not used for structures, loading areas, parking spaces
and aisles, sidewalks and designated storage areas shall be provided
with an all-season, well-maintained vegetative groundcover, and shall
be landscaped with trees and shrubs. Landscaped areas shall be kept
free of debris, rubbish and noxious weeds.
3.
Street Trees. As part of the creation of a new lot or the construction
of a new principal nonresidential building, or development of parking
area for six or more parking spaces, deciduous shade street trees
shall be planted between such lot lines, building and/or parking area
and any adjacent public street(s). This requirement shall not apply
along street segments where existing healthy trees will be preserved
and protected during construction that will serve the same purpose.
A.
Number. A minimum average of one such tree shall be planted for each
50 feet of length of street right-of-way around the lot.
B.
Location. Such trees shall be placed immediately outside of the street
right-of-way, or an alternative location acceptable to the Board of
Supervisors.
C.
Ordinance. Such street trees shall be planted in a manner approved
by the Township Engineer to avoid conflicts with sidewalks and utilities.
D.
Buffer. Where shade trees may be required under the buffer yard provisions,
the same tree may be used to count towards both requirements.
E.
The street trees shall meet the requirements of Subsection 4, except that a species may also be used that is on the list of allowed street trees in the Subdivision and Land Development Ordinance [Chapter 22].
F.
This requirement for street trees shall not apply for an agricultural
or single-family detached residential lot of more than three acres.
4.
Parking Lot Landscaping.
A.
A minimum of one deciduous tree shall be required for every 15 new
off-street parking spaces.
B.
If a lot will include 30 or more new parking spaces, landscaped islands
shall be provided within auto parking areas. Otherwise, the trees
may be planted around the parking area.
C.
Deciduous trees required by this section shall meet the following
standards:
(1)
Type of Trees Permitted. Required trees shall be chosen from
the following list of approved street trees, unless the applicant
proves to the satisfaction of the Township Shade Tree Commission or
Zoning Officer that another type of tree would shade paved areas,
be resistant to disease, road salt and air pollution and be attractive.
|
Types of Deciduous Trees Permitted to Meet Chapter Requirements
| |
|---|---|
|
Acer rubrum-Red Maple
|
Quercus-all species of oaks
|
|
Acer saccharum-Sugar Maple
|
Sophora japonica-Scholar Tree/Pagoda Tree
|
|
Carpinus betulus-European Hornbeam
|
Tilia americana-American Linden
|
|
Celtis occidentalis-Common Hackberry
|
Tilia cordata-Little Leaf Linden
|
|
Fagus sylvatica-European Beech
|
Tilia euchlora-Crimean Linden
|
|
Fraxinus americana-White Ash
|
Tilia petiolaris-Silver Linden
|
|
Fraxinus Pennsylvania-Green Ash
|
Ulmus hybrids-Homestead or Sapporo Autumn Gold
|
|
Ginko biloba fastigiata-Maiden Hair Tree (male only; female
has noxious odor)
|
Ulmus parviflora-Chinese or Lacebark Elm, not including Siberian
Elm
|
|
Gleditsia triacanthos-Thornless Locust
|
Zelkova serrata-Zelkova
|
|
Liriodendron tulipifera-Tulip Poplar
| |
|
Ostrya virginianai-Hop Hornbeam
| |
|
Note-this chapter only regulates the species of trees that are
used to meet requirements of the Township. The species of trees that
are not required by Township ordinances are not regulated.
|
(2)
Quality of Trees. Required trees shall be of symmetrical growth
and free of insect pests and disease.
(3)
Minimum Size. The trunk diameter (measured at a height of six
inches above the finished grade level) shall be a minimum of two inches
or greater.
5.
Parking Lot Landscaping. A minimum vegetative area shall be provided
that includes at least a four-foot minimum radius around all sides
of the trunk of each required deciduous tree within or adjacent to
a parking lot.
6.
Review and Approval. Where landscaping is required by this chapter,
the applicant shall submit a landscaping plan, in addition to a site
plan, showing proposed initial sizes, locations and species of plantings.
7.
Landscape Maintenance. All shade tree, buffer yard and other landscaping
required by this chapter shall be perpetually maintained by the property
owner. Any landscaping needed to meet a chapter requirement that dies,
is removed, or is severely damaged shall be replaced by the current
property owner, on a one-to-one basis, as soon as is practical considering
growing seasons, within a maximum of 150 days.
8.
Stormwater Basin Landscaping. The following requirements shall apply
to landscaping within and around stormwater management basins:
A.
All areas of stormwater management basins, including basin floors,
side slopes, berms, impoundment structures, or other earth structures,
shall be planted with suitable vegetation, such as meadow plantings
or grasses specifically suited for stormwater basins.
B.
Trees and shrubs shall be planted around stormwater basins. However,
trees and shrubs shall not be planted in locations that would interfere
with the function of the basin, such as within 30 feet from the outlet/drain
structure, emergency spillway or dam. A minimum average of two trees
and 10 shrubs shall be required to be planted around the basin for
every 100 linear feet of basin perimeter. Such perimeter shall be
measured at the elevation of the top of the berm. Such trees and shrubs
shall be in addition to other Township requirements. Trees shall have
an initial trunk diameter of two inches, measured six inches above
the ground. Shrubs shall have an initial height of four feet.
C.
Natural ground cover plant species shall be planted in the floors
and slopes of the basin. These ground covers may include wildflowers,
meadows or nonaggressive grasses. Species shall be chosen that are
suitable for the expected wetness of various portions of the basin.
The plantings shall provide a continuous cover over all earth areas
of the basin. The plantings shall not interfere with the proper functioning
of the basin, in the determination of the Township Engineer.
D.
Lawn grass areas may be sodded or hydroseeded to minimize erosion
during the establishment period. Once established, turfgrass areas
on non-wet areas of the basin shall be maintained at a height of not
more than eight inches.
E.
To the maximum extent feasible, stormwater basins shall be designed
with slopes that blend with the surrounding topography. Areas intended
to be mowed shall have a maximum slope of 3:1.
[Ord. 125, 7/18/2007, § 805]
1.
Proof and Registration of Nonconformities. It shall be the responsibility
of, with the burden of proof upon, a party asserting a nonconformity
to provide the evidence that it is lawful. A property owner may request
a written statement of nonconformity from the Zoning Officer after
providing sufficient evidence.
2.
Continuation of Nonconformities.
A.
A lawful nonconforming use, structure or lot as defined by this chapter
may be continued and may be sold and continued by new owners.
B.
Any expansion of, construction upon or change in use of a nonconformity
shall only occur in conformance with this section.
C.
If an existing use was not lawfully established, it shall not have
any right to continue as a nonconforming use.
3.
Expansion of or Construction upon Nonconformities. The following shall apply, unless the structure is approved under Subsection 4.
A.
Nonconforming Structure.
(1)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded provided:
(a)
Such action will not increase the severity or amount of the
nonconformity (such as the area of the building extending into the
required yard) or create any new nonconformity.
(2)
In the case of a nonconforming structure which is used by a
nonconforming use, any expansion shall also meet the requirements
of this section regarding nonconforming uses.
(3)
As a special exception, the Zoning Hearing Board may approve
a reduction of up to 50% in a side or rear setback for an existing
dwelling if the applicant proves such setback is necessary to allow
a customary addition to such a dwelling or a replacement of an existing
undersized dwelling with a new dwelling. This subsection shall not
allow a reduction in setback to increase the number of dwelling units
on the lot, except for a unit for care of relative.
B.
Nonconforming Lots.
(1)
Permitted Construction on a Nonconforming Lot. A single permitted
by right principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot provided all of the
following additional requirements are met:
(2)
Lot Width. The fact that an existing lawful lot of record does
not meet the minimum lot width requirements of this chapter shall
not by itself cause such lot to be considered to be a nonconforming
lot.
C.
Expansion of a Nonconforming Nonresidential Use. A nonconforming
use or a building used by a nonconforming use shall not be expanded,
except in accordance with the following provisions:
(1)
An expansion of more than 5% in total building floor area shall
require special exception approval from the Zoning Hearing Board under
Part 1.
(2)
Such reconstruction or expansion shall be only upon the same
lot that the nonconforming use was located upon at the time the use
became nonconforming.
(3)
The (a) total building floor area used by a nonconforming use
or the (b) total land area covered by the nonconforming use, whichever
is more restrictive, shall not be increased by greater than 50% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
(a)
The above maximum increase shall be measured in aggregate over
the entire life of the nonconformity. All expansions of the nonconforming
use and/or building(s) that occurred since the use originally became
nonconforming shall count towards the above maximum increase.
(4)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this chapter, unless the Zoning
Hearing Board grants a variance.
D.
Expansion of a Nonconforming Residential Use. An existing nonconforming
residential use may be expanded as a permitted by right use provided
that: (1) the number of dwelling units or rooming house units are
not increased, (2) the expansion meets all applicable setbacks, (3)
no new types of nonconformities are created and (4) a nonconformity
is not made more severe.
E.
Nonconforming Sign. The provisions of this chapter shall not provide
a right to expand or extend a nonconforming sign. Instead, any expansions
or extensions of a nonconforming sign shall comply with this chapter.
4.
Damaged or Destroyed Nonconformities. A nonconforming structure or
nonconforming use that has been destroyed or damaged may be rebuilt
in a nonconforming fashion only if: (1) the application for a building
permit is submitted within 18 months after the date of damage or destruction,
(2) work begins in earnest within 12 months afterward the building
permit is issued and continues, and (3) no nonconformity may be newly
created or increased by any reconstruction. The property shall be
properly secured during such time in such a way to keep out trespassers
and to avoid harm to neighboring properties.
5.
Abandonment of a Nonconformity.
A.
If a nonconforming use of a building or land is discontinued, razed,
removed or abandoned for 12 or more months, subsequent use of such
building or land shall conform with the regulations of the district
in which it is located, except:
B.
The applicant shall be responsible to provide clear and convincing
evidence that the nonconformity was not abandoned.
C.
An existing lawful separate dwelling unit may be unrented for any
period of time without being considered "abandoned" under this chapter.
6.
Changes from One Nonconforming Use to Another.
A.
Once changed to a conforming use, a structure or land shall not revert
to a nonconforming use.
B.
A nonconforming use may be changed to a different nonconforming use
only if approved as a special exception by the Zoning Hearing Board.
However, special exception approval is not needed for a simple change
within an existing building from one lawful nonconforming retail store
use to another retail store use or from one lawful nonconforming personal
service use to another personal service use provided that the new
use complies with any Zoning Hearing Board conditions that applied
to the previous use and is not more objectionable in external effects
than the previous use.
C.
Where special exception approval is required for a change of a nonconforming
use, the Board shall determine whether the applicant has provided
sufficient proof to show that the proposed new use will be equal or
less objectionable in external effects than the preexisting nonconforming
use with regard to:
(1)
Traffic safety and generation (especially truck traffic).
(2)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire,
hazardous substances, and explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Hours of operation if the use would be close to dwellings.
(5)
Compatibility with the character of the surrounding area.
D.
A nonconforming use shall not be changed to a nonconforming adult
use.
7.
District Changes. Any uses, structures or lots that become nonconforming
because of a zoning district change shall be regulated under this
section on nonconformities.
[Ord. 125, 7/18/2007, § 806]
1.
Site plans submitted to the Township shall show the proposed location
of any garbage dumpsters. The Township may require that such proposed
location be modified to provide compatibility with adjacent uses.
2.
Garbage dumpsters shall be surrounded on at least three of four sides
by a solid fencing, wall or landscaping if the dumpster would be visible
from a street or a residential lot.
[Ord. 125, 7/18/2007, § 807; as amended by Ord.
137, 4/15/2009, §§ 1 — 3]
1.
Buildings, General. All new commercial and/or industrial buildings
constructed after the effective date hereof, and all existing commercial
and/or industrial buildings which undergo remodeling in excess of
$1,000 after the effective date hereof, shall be provided with a master
key Knox-Box® at a location approved by the Fire Chief or his
designee. Such box shall be provided with master keys necessary for
access to all portions of the premises. Such box and keys shall be
provided prior to issuance of certificate of occupancy.
2.
Application for Approval. Application for approval of compliance
with this section shall be made to the Zoning Officer. Fees shall
be set by the Board of Supervisors. Approval application shall be
executed by the Zoning Officer and Fire Chief prior to issuance of
certificate of occupancy.
3.
Buildings with Elevators. All buildings equipped with elevators shall be provided with a Master Key Knox-Box as in Subsection 1 above. The building owner/manager shall provide two sets of keys for entry to building and all portions of premises and two sets of elevator control keys if elevators are equipped with Fire Company bypass switches.
4.
Other Structures. All new buildings constructed after the effective
date that contain four or more residential dwellings with a common
secured entrance or which undergo remodeling in excess of $1,000 after
the effective date hereof shall be provided with a master key Knox-Box
at a location approved by the Fire Chief or his designee. Such box
shall be provided with master keys necessary for access to all portions
of the premises. Such box and keys shall be provided prior to issuance
of certificate of occupancy.
[Ord. 125, 7/18/2007; as added by Ord. 140, 9/16/2009]
1.
Title. This section shall be known as the "Solar Energy Systems Ordinance
for Upper Nazareth Township."
2.
Purpose. The purpose of this section is to promote the use of solar
energy and to provide for the land development, installation and construction
of solar energy systems in the Township subject to reasonable conditions
that will protect the public health, safety and welfare.
3.
Classification.
A.
Solar energy systems shall be allowed in any zoning district and
may be installed upon receipt of the necessary construction, electrical
and/or mechanical permit(s). This section applies to solar energy
systems to be installed and constructed for residential or commercial
use.
B.
Solar energy systems that are the primary use of a lot are governed
by other sections of this chapter or the Subdivision and Land Development
Ordinance [Chapter 22].
4.
SOLAR ENERGY
SOLAR ENERGY SYSTEM
Definitions.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for space heating or cooling, for
water heating or for electricity.
5.
Applicability.
A.
This section applies to solar energy systems to be installed and
constructed after the effective date of this section, and all applications
for solar energy systems on existing structures or property.
B.
Solar energy systems constructed prior to the effective date of this
section shall not be required to meet the requirements of this section.
C.
Any upgrade, modification, or structural change that materially alters
the size or placement of an existing solar energy system shall comply
with the provisions of this section.
6.
Design and Installation.
A.
To the extent applicable, the solar energy system shall comply with
the Pennsylvania Uniform Construction Code, Act 45 of 1999, 35 P.S.
§ 7210.101 et seq., as amended, and the regulations adopted
by the Department of Labor and Industry.
B.
The design of the solar energy system shall conform to applicable
industry standards.
7.
Setbacks and Height Restrictions.
A.
Residential Zoning District.
(1)
A solar energy system, when attached to a building, shall not
cause a nuisance from reflective light and shall conform to the applicable
zoning district building height requirement.
(2)
A solar energy system, when part of a structure, shall comply
with the following requirements:
(a)
Shall not be classified as a utility pole.
(b)
Only one solar energy system shall be permitted on a building
lot.
(c)
Solar energy system shall have a maximum total square footage
of not greater than 1% of the lot size.
(d)
Solar energy system setback requirement shall be the greater
of the total height of the structure, zoning district building setback
requirement to be measured from the outermost edge of the structure,
or not greater than the existing building height requirement in the
zoning district.
(e)
Applicant seeking more than one solar energy system per building
lot, more than one solar energy system per structure, or solar energy
systems whose square footage is greater than 1% of the lot size shall
be deemed a special exception use in the AC and GS Zoning Districts
only.
B.
Commercial/Industrial Zoning Districts.
(1)
A solar energy system, when attached to a building, shall not
cause a nuisance from reflective light and shall conform to the applicable
zoning district building height requirement.
(2)
A solar energy system, when part of a structure, shall comply
with the following requirements:
(a)
Shall not be classified as a utility pole.
(b)
Only one solar energy system shall be permitted on a building
lot.
(c)
Solar energy system shall have a maximum total square footage
of not greater than 1% of the lot size.
(d)
Solar energy system setback requirement shall be the greater
of the total height of the structure, zoning district building setback
requirement to be measured from the outermost edge of the structure,
or not greater than the existing building height requirement in the
zoning district.
(e)
Applicant seeking more than one solar energy system per building
lot, more than one solar energy system per structure, or solar energy
systems whose square footage is greater than 1% of the lot size shall
be deemed a special exception use in the I-1, I-2, and EX-1 Zoning
Districts only.
