The regulations contained in this article shall apply to all
uses within the Township.
Yards shall be provided in accordance with the provisions of
this chapter and shall be planted with grass, seed, sod, ground cover,
mulch or other pervious decorative or vegetative cover, excepting
in cases where walks, access drives, off-street parking lots, patios
and other types of surfaces are permitted by this chapter.
A. Front yards.
(1)
Each lot shall have a front yard as required in the district
in which the lot is located.
(2)
On corner, double frontage or multiple frontage lots, each side
of a lot having a street frontage shall meet the required front yard
setback, but if a yard borders Route 15, then that yard which borders
Route 15 shall be deemed to be a rear yard and shall meet the rear
yard setback.
(3)
Infill lots (lots within developed blocks). The required setback
shall be the average of the setback of the existing principal buildings
on either side of the lot. If the lot is the last lot in the district
or at the end of the block or row of buildings, the front setback
shall be within plus or minus five feet of the adjacent existing principal
building setback on the developed side of the lot, unless the lot
is situated on a corner, in which case the building shall be set back
a distance that shall provide a clear site triangle at the intersection,
in accordance with the Upper Allen Township Subdivision and Land Development
Ordinance.
B. Side yards. Side yards for corner lots. On a corner lot, the side
yard abutting the street shall have a width equal to the depth of
the front yard required in the district.
C. Rear yards. Notwithstanding other regulations herein, no rear yard
shall be reduced to less than 15 feet; therefore, no principal building
shall be constructed less than 15 feet from the rear property line.
D. Interior yards.
(1)
Open space between principal buildings of a dwelling group on a lot in single ownership shall be provided as follows, unless otherwise stipulated under Article
XIV for specific uses:
(2)
When parallel or obliquely aligned, buildings shall have 50
feet between front or rear faces for one story in height, plus five
feet for each additional story.
(3)
Between end walls of buildings, a yard space of 25 feet for
one-story building plus five feet for each additional story shall
be required.
(4)
Between end walls and front or rear faces of buildings, a yard
space of 30 feet for one story plus five feet for each additional
story shall be required.
(5)
When two adjacent buildings differ in the number of stories,
the spacing shall be not less than 1/2 of the sum of the required
distance between two buildings of lower height plus that between two
buildings of the greater height.
(6)
The minimum distance separating multiple-family buildings from
nonresidential uses shall be not less than 75 feet between buildings.
E. Projection in yards.
(1)
Cornices, eaves, gutters, bay windows or chimneys or similar
structures may project into the front, rear or side yard of a lot
not more than 18 inches.
(2)
Porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into any yard.
[Amended 10-7-2020 by Ord. No. 797]
(3)
Walks, stairs and window wells, and such other structures customarily
incidental to the main building, may project into the front, side
or rear yards of a lot, providing the structure elevation shall be
not more than 12 inches above the yard grade.
The minimum habitable floor area of a dwelling unit or any building
or structure hereafter erected or used for living purposes shall be
600 square feet. In case of apartment houses, accessory dwelling units,
conversion apartments and mobile homes, the minimum habitable floor
area shall be not less than 400 square feet, except those apartments
designed for and occupied exclusively by one person, which apartment
shall contain not less than 350 square feet of habitable floor area.
All uses shall be subject to and comply with the following regulations,
or as amended, where applicable.
A. Noise pollution and vibration: rules and regulations of the Pennsylvania
Department of Environmental Protection.
B. Air pollution, airborne emissions and odor: rules and regulations
of the Pennsylvania Department of Environmental Protection.
C. Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. § 691, or as amended.
D. Mine reclamation and open pit setback: Pennsylvania Act 147, the
Surface Mining Conservation and Reclamation Act of 1971, or as amended.
E. Glare and heat: rules and regulations of the Pennsylvania Department
of Environmental Protection.
F. No use or operation shall be permitted which creates a public nuisance
or hazard to adjoining property by reason of fire, explosion, radiation
or other similar cause.
G. Outdoor lighting. Where light fixtures are installed to provide exterior
illumination, excluding overhead streetlighting and warning, emergency
or traffic signals, the following restrictions shall apply. These
standards will apply to all uses (except single-family dwellings).
(1)
All outdoor lighting, whether or not required by this chapter;
shall have intensities and uniformity ratios in accordance with the
current recommended practices of the Illuminating Engineering Society
of North America (IESNA), as contained in the IESNA Lighting Handbook.
(2)
All future amendments to the recommended practices of the IESNA
shall be made a part of the chapter without further action by the
Board of Commissioners of Upper Allen Township.
(3)
Streetlighting fixtures, when required for safety considerations,
may be controlled by photocells for dusk to dawn operation.
(4)
The lighting from any luminary shall be shaded, shielded or
directed to prevent direct light from being distributed beyond an
angle of 35° from a vertical plane onto adjacent properties and/or
surrounding areas. Unshielded lighting is not permitted, except for
temporary holiday lighting.
(5)
Lighting shall be designed so that glare or direct illumination
does not exceed one footcandle beyond the property line on which the
lighting originates.
(6)
Externally illuminated signs shall be lighted by fixtures mounted
on top of the sign and aligned down rather than by fixtures mounted
at the bottom of the sign and aimed up. Sign lighting shall be equipped
with timers and extinguished between the hours of 11:00 p.m. and dawn.
(7)
Such lighting on private, residential, commercial, industrial,
municipal, recreational or institutional property shall be aimed,
located, designed, fitted and maintained so as not to present a hazard
to drivers or pedestrians by impairing their ability to safely traverse
(i.e., disabling glare).
(8)
Pole-mounted lamps shall be placed directly above the area to
be illuminated and shielded at the top and sides or positioned near
the perimeter of a property and aimed toward the area requiring illumination,
subject to applicable yard setback provisions.
(9)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of mounting height, wattage,
aiming angle, fixture placement, etc.
(10)
The installation or erection of any lighting which may be confused
with warning signals, emergency signals or traffic signals shall not
be permitted.
(11)
Lighting of parking lots shall be in accordance with §
245-17.7 herein.
(12)
Maintenance. Lighting fixtures shall be maintained so as to
always meet the requirements of this chapter.
(13)
Nonconforming lighting. Any lighting fixture existing on the
effective date of this chapter which does not conform with the requirements
of this chapter shall be considered a lawful, nonconforming lighting
fixture. A nonconforming lighting fixtures shall be made to comply
with the requirements of this chapter when such fixture is replaced,
relocated or repaired.
H. Subdivision and land developments shall be reviewed in accordance
with the requirements of the Upper Allen Township Subdivision and
Land Development Ordinance.
I. Municipal Waste Planning, Recycling and Waste Reduction Act, Act
of July 28, 1988, P.L., No. 101 (Act 101), as amended.
J. Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L.
1535, No. 537, as amended.
The following uses are prohibited in all districts within Upper
Allen Township:
A. The incineration, reduction or storage of offal, animals, fish or
refuse, unless by the authority of or under the supervision of Upper
Allen Township.
B. The incineration or reduction of garbage and grass clippings.
C. Dumps and dumping of any kind, other than solid waste landfill and
composting, unless by the authority of or under the supervision of
Upper Allen Township.
All methods and plans for the on-lot disposal of sewage or wastes
shall be designed in accordance with all applicable regulations pertaining
to the treatment and disposal of sewage and wastes. A certificate
or statement of adequacy from the Township Sewage Enforcement Officer
or the Pennsylvania Department of Environmental Protection, as applicable,
shall be prerequisite to the issuance of a building permit.
The routine maintenance, repair and servicing of personal motor
vehicles, including go-carts and racing vehicles, owned or leased
by the person performing such services when performed outside of a
building within any zone, is permitted by an occupant of the residence,
subject to the following:
A. All vehicles shall be maintained with proper licensure.
B. All work shall be performed on the vehicle owner's or lessee's property
of residence.
C. Work shall be limited to the following:
(1)
Servicing and replacement of spark plugs, batteries, distributors
and distributor parts;
(2)
Repair and replacement of tires and wheels, excluding recapping
or regrooving;
(3)
Replacement of water hoses, fan belts, brake fluids, transmission
fluids, oil filters, air filters, oil, grease, light bulbs, floor
mats and carpeting, seat covers, seat belts, windshield wipers, mirrors
and engine coolants;
(4)
Repair and replacement of car radios, CD players, amplifiers,
speakers, and similar electronic devices;
(5)
Cleaning and flushing of radiators only when flushed into a
water-tight container;
(6)
Repair and replacement of fuel pump and line repairs;
(7)
Minor servicing and adjustments;
(8)
Minor motor adjustments, not involving the removal of the motor
head or crankcase, or the prolonged revving of the motor;
(9)
Minor body repairs, excluding the replacement of body parts,
the complete repainting of the body and the application of undercoating;
(10)
Cleaning of all exterior and interior surfaces, including washing,
shampooing, vacuuming, ribbing, polishing, waxing, and the application
of paint sealants.
D. All by-products or waste fuels, lubricants, chemicals, and other
products shall be properly disposed of.
E. No vehicle shall be stored in a "jacked-up" position or on blocks
for more than 72 consecutive hours, unless completely covered.
F. All work performed outside shall be performed during daylight hours, in accordance with Chapter
181 of the Township Code.
Temporary construction buildings or trailers may be installed
on a property during construction of a permanent building or structure,
so long as the construction trailer is not used as a dwelling and
is located in accordance with principal building requirements set
forth in this chapter which are applicable to the district in which
the property is located. All temporary construction buildings or trailers
shall be removed within 14 days of completion of construction of the
permanent building or buildings, or within 14 days of the expiration
of the zoning and/or building permit for the project, whichever first
occurs.
In any zone, a landowner or occupant may display a maximum of
one personal passenger or recreational vehicle for sale at any time.
Such displays shall be a maximum of 60 days not more than twice a
calendar year. One sign not exceeding six square feet may be displayed
for sale of the vehicle. All vehicle sale activities shall be in accordance
with applicable state regulations.