Township of Nottingham, PA Accessory Use Regulations

Farm fences. No permit shall be required to install a fence on a farm, as defined by this chapter. Such fences shall be permitted in any yard. The maximum height of any such fence shall be eight feet.

Fences accessory to nonresidential uses. When accessory to a nonresidential use or public or private recreational use, fences shall be a minimum of six feet in height and a maximum of 10 feet in height and shall contain openings equal to 50% or more of the area of the fence.

All other fences accessory to residential dwellings. When accessory to residential dwelling, fences no more than six feet in height shall be permitted in the required rear or side yards. Fences not more than four feet in height shall be permitted in the required front yard.

No fence or wall shall be constructed within 10 feet of a public road right-of-way.

Porches, decks, patios, tennis courts, private greenhouses and landscape structures. These accessory structures shall be permitted when not in violation of yard requirements.

Porch. A "porch" is an exterior appendage to a building open on one or more sides, covered with a roof for outdoor living and usually serving as an approach or vestibule to a doorway. Porches shall not extend beyond the yard setback requirements. When enclosed on all sides, the enclosed area shall be defined as a room and an integral part of the house or building.

Deck. A floor-like area and surface wholly or partially attached to a home, on grade or above the ground surface, with or without access to surrounding yard. Such decks shall not infringe upon front, side and rear yard restrictions.

Patio. A "patio" is an on-grade surface area, usually paved, adjoining a house or freestanding and serving as an area for outdoor living.

All of the above structures, including landscape structures such as gazebos, aerial walkways and picnic shelters, shall require a building permit.

(5)

Consideration should be given to protecting privacy of adjoining neighbors when constructing or adding to the structures listed above.

Garden sheds, private garage and carport. Garden or utility sheds, private garages and carports may be located in the required rear or side yard of a principal building, provided that they do not violate any front yard setback requirements and are not located within 10 feet of any dwelling and in no case closer than five feet from any side and/or rear lot line.

Private residential swimming pools. A permanent in-ground or aboveground private residential swimming pool, accessory to a one-family or two-family dwelling, may be located within any required yard or setback. An in-ground pool shall be enclosed with a fence or wall at least four feet high, either around the perimeter of the rear yard or around the pool, with an entrance which can be latched or locked to prevent unauthorized, uncontrolled or accidental entry. An aboveground pool with all sides a minimum of four feet above grade shall have retractable steps that latch and prevent access to pool when not in use. For private residential pools, a wall or face of a dwelling or building may be used as part of pool enclosure. Such uses, if they meet the above conditions and standards, require a permit from the Zoning Officer.

On-site agricultural sales. In the A-1 and R-1 Districts, the sale of agricultural products grown on a farm, as defined by this chapter, shall be permitted subject to the following regulations:

All products sold shall be grown or produced on the property where the products are offered for sale.

All products grown or produced shall be permitted agricultural activities within the definition of agriculture in this chapter.

If a seasonal roadside stand is utilized for the sale of farm products, the seasonal roadside stand shall be not be installed prior to April 1 of each year and the stand shall be removed upon completion of the growing season of the products offered for sale, but in no case shall removal occur later than November 31 of each year.

A seasonal roadside stand shall be located so that traffic can circulate into and out of the property without creating a hazard. Adequate off-street parking areas shall be provided so that cars do not park in the public right-of-way.

(5)

Two temporary nonilluminated signs shall be permitted to announce the sale of farm products, provided the surface area of the sign shall not exceed 12 square feet and the sign shall be located on the farm property and shall not be located in any public right-of-way. The sign shall be installed and removed in accordance with the overall requirements for on-site agricultural sales.

Clear sight triangle. All accessory structures and landscaping shall be subject to the requirement to provide clear sight triangles at all intersections. Within such triangles, no object greater than 2 1/2 feet in height and no other object that would obscure the vision of the motorist shall be permitted. Such triangles shall be established from a distance of:

Seventy-five feet from the point of intersection of the center lines of two streets which are both local streets;

One hundred feet from the point of intersection of the center lines of two streets where one is a collector street;

One hundred fifty feet from the point of intersection of the center lines of two streets where one is an arterial street.

Fences and buffer areas. All fences and buffer areas or landscaping material shall be located so as to not obstruct visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties.

Satellite dish antennas. A maximum of three satellite dish antennas shall be permitted on a residential lot. In all zoning districts, satellite dish antennas shall not be permitted in front yards. In residential zoning districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 12 feet. In zoning districts other than residential, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall not exceed 20 feet. In all zoning districts, the maximum height of any freestanding satellite dish antenna shall be 20 feet. In all zoning districts, no part of any satellite dish antenna shall be located closer than 20 feet to any property line.

Structures accessory to industrial uses. In the M-1 District, no accessory structure shall be permitted in a front yard. Accessory structures shall be permitted in a side or rear yard, provided that they shall be located at least 20 feet from the side or rear lot line.

Agricultural land uses. No structure or fenced area in which farm animals are kept shall be closer than 100 feet to any property line. No greenhouse shall be operated within 50 feet of any property line. No storage of manure or odor or dust-producing substances shall be permitted within 100 feet of any property line.

Canopies and similar structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in the B and M Districts, provided that:

Such structure shall not be attached to the principal building;

Such structure shall be located at least 10 feet from any property line or street right-of-way;

The maximum height of the structure shall not exceed 20 feet;

Such structure shall not be enclosed; and

(5)

Such structure shall be removed immediately once the principal use or the use of the accessory structure is discontinued.

All other structures accessory to residential dwellings. All other structures accessory to residential dwellings shall not be located in the minimum required front yard or minimum required side yards. Buildings accessory to residential dwellings which are located in the rear yard shall be located at least 10 feet from the rear and side lot lines and shall be located at least 10 feet from any septic tank or leaching field.

Any accessory structure which is attached to the principal dwelling building by contiguous walls, a breezeway or similar connection shall be considered part of the principal structure and shall be subject to the yard requirements for principal structures.

On a parcel of land 10 acres in size or larger, accessory uses or structures are permitted on the parcel even if there is no principal use or structure on the parcel; however, all other applicable provisions of this chapter shall be met.

§ 425-30 Wind energy facility, small-scale.

Windmills, windwheels, or wind energy conversion systems shall be permitted in all zoning districts, subject to the following conditions:

No said systems or equipment shall be erected in a front yard or within the area between a front lot line and the front building facade of the principal building on the lot.

The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and shall not be more than 45 feet in height.

The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.

All electric lines/utility wires shall be buried underground.

Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed by a six-foot fence with screening planting in accordance with this chapter. The supporting structure shall also be enclosed by a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.

When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet.

The resultant energy harnessed from the wind shall not be used on property other than that on which located, unless all applicable cogeneration requirements are met.

The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.

The applicant shall demonstrate that any noise from the wind energy facility shall not exceed 45 dBA measured at the property line.

A "decibel" shall mean a unit for measuring the relative intensity of sounds. More specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.

A "weighted" sound level shall mean the total sound level in dBA of all sound as measured with a sound level meter with a reference pressure of 20 micropascals using the "A" weighted network (scale) at slow response. The unit of measurement shall be defined as dB(A).

§ 425-31 Solar energy facility, small-scale.

Any upgrade, modification or structural change that materially alters the size or placement of an existing solar energy facility shall comply with the provisions of this section.

Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit and upon compliance with all requirements of this section and as elsewhere specified in this section.

Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.

Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.

The solar energy facility must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.

All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the commonwealth. The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the commonwealth.

For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

Ground-mounted systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.

Building-mounted systems on a sloped roof shall not be required to be screened.

Building-mounted systems.

If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.

If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.

Ground-mounted systems. If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.

The Township reserves the right to inspect a solar PV system for building or fire code compliance and safety.

If, upon inspection, the Township determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Township may order the landowner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the landowner of his or her right to appeal such determination.

If a landowner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Township may enter the lot, remove the system and charge the landowner for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the landowner's expense.

In addition to any other available remedies, any unpaid costs resulting from the Township's removal of a vacated abandoned or de-commissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Township shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq. for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Township in connection with the removal work and the filing of the Township's claim.

§ 425-32 Keeping of chickens.

The keeping of chickens is not permitted on property within a commercial zoning district and is permitted on property within a residential or agricultural zoning district, provided that the following requirements are met:

No chickens are permitted on lots smaller than 1/2 acre in size.

On lots 1/2 acre to one acre in size, a maximum of five chickens are permitted to be kept on the lot. No roosters are permitted. All chickens must be kept within an enclosure at all times.

Except on hobby farms, on lots of one acre to five acres in size, chickens may be kept; however, no roosters are permitted and all chickens must be kept within an enclosed structure at all times.

On lots of five acres in size and larger, chickens and roosters may be kept.

All areas, enclosures and structures were chickens are kept shall be kept in good repair and general cleanliness.

§ 425-33 Special event barn.

[Added 7-2-2018 by Ord. No. 114]

The special event barn must be an accessory use to a farm, as defined by this chapter.

The parcel on which the special event barn is located must be able to accommodate all facets of the event within the boundaries of the property.

Special event barns shall be located in their original location.

Special event barns, including all fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Any special event barn shall be subject to the following setback requirements:

Residential zoning district boundaries: 750 feet.

Existing occupied residential structures: 1,000 feet.

Any additions or changes to the barn to accommodate the use as a special event barn shall be secondary and shall not drastically alter the visual or material character of the barn except as necessary to provide for safe use by patrons.

Attendance at a single event at a special event barn shall be limited to no more than 200 persons. Staff for the event (e.g., security, caterers, etc.) shall not be included in the attendance count.

The conduct of the event including fixtures, tents and parking may extend to the grounds but may not extend into the building setback areas.

No more than 12 events per calendar year and two events per month shall be permitted at a special event barn, excluding any rehearsal for the same event.

Parking shall be on the property on which the special event barn is located. Under no circumstances may parking be on state or Township roads, on other public property, or on private property other than that on which the special event barn is located.

The parking area shall be accessible by means of a driveway that shall be covered by gravel or paved surface and is at least 40 feet in length. The driveway accessing the parking area shall be wide enough to accommodate two-way traffic or there shall be separate entrances and exits to the parking area(s).

The required building setback areas may not be used for parking.

No event may begin before 11:00 a.m. or extend past 11:00 p.m., with all attendees to exit the premises by 12:00 midnight.

All entertainment must end by 10:00 p.m.

All entertainment, including but not limited to DJs, music, bands, a dance floor or a stage, shall be limited to the interior of the special event barn. Outdoor recreation activities conducted by the attendees shall not be considered entertainment for the purposes of interpreting this section.

Portable restroom facilities, approved by the Washington County Sewage Enforcement Officer, are required.

The owner of the special event barn shall provide bonded, insured on-site independent security guards for each event, and a certificate showing that the special event barn is covered by special event liability insurance shall be displayed at all times.

No food may be grilled, cooked, or otherwise prepared on site or by the owners of the special event barn. This shall not include incidental preparation done by catering staff, such as setting up chafing dishes, preparing platters and other such preparation. Insurance certificate for the caterer shall be required.

No sale of food or beverages, including but not limited to, cash bars, concession stands, or other similar sales, is allowed at any event associated with the use of the special event barn.