[Ord. No. 8-9-2005, 8/9/2005,
§ 500]
The provisions of this Part represent standards and regulations
that shall be applied to all uses in addition to those established
for the applicable zoning district. These regulations are to be used
either in common in all zoning districts or are to be applied to specific
situations as stated herein.
[Ord. No. 8-9-2005, 8/9/2005,
§ 501]
1. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established in Part
3, the District Regulations, of this chapter. In addition, all provisions set forth for lots in the Hemlock Township Subdivision and Land Development Ordinance [Chapter
22] shall be met.
2. Every principal building hereinafter erected shall be located on a lot as defined. There shall not be more than one principal residential building and its accessory structures on one lot, except in the case of multifamily housing developments, mobile home parks, or other land developments approved pursuant to the requirements of the Hemlock Township Subdivision and Land Development Ordinance [Chapter
22].
3. Every lot created hereafter shall be adjacent to a public street or shall have access to a public street via a private street or right-of-way approved pursuant to the requirements of the Hemlock Township Subdivision and Land Development Ordinance [Chapter
22].
4. Lot width shall be measured at the minimum required front setback
line, except that lots located on cul-de-sac turnarounds or curves
in the road or lots of unusual shape may have widths less than those
required, provided that the average of the front and back lot line
is equal to or greater than the required lot width. In no case, however,
shall the front lot line have a width of less than 50 feet measured
at the front setback line.
5. No portion of a lot included in a street right-of-way shall be included
in calculating the lot's area.
6. No space applied or necessary under this chapter to satisfy the yard
and area requirements in relation to any building or use, whether
now or subsequently built or conducted, shall be counted or used as
part of the required open space or area in relation to any other building
or use.
[Ord. No. 8-9-2005, 8/9/2005,
§ 502]
1. Projections.
A. Chimneys, fireplace flues, air conditioner condenser units, cornices,
eaves, gutters, steps, or bay windows may project into any required
yard, but not more than 24 inches.
B. Porches, patios, decks, loading docks, and attached carports, whether
enclosed or unenclosed, shall be considered part of the main building
and shall not project into any required yard.
2. Front Yards.
A. Front yard setbacks shall be as set forth in Part 3, the District
Regulations, and shall be measured from the edge of the adjoining
street right-of-way or from the street center line, whichever is greater.
Where however, a lot has no road frontage, the front yard setback
shall be measured from the edge of the front property line, or in
the case of a "flag lot," the front yard requirement shall be measured
from the edge of the longest lot line opposite the rear lot line.
B. When an unimproved lot is situated between two improved lots, each
having a principal building which extends into the required front
yard, the front yard of such unimproved lot may be the same depth
as the average of the two adjacent improved lots.
C. Where an addition is proposed for an existing principal residential
building which extends into the required front yard setback area,
the addition may be authorized by the Zoning Officer so long as the
addition extends no further into the required front yard than the
existing structure and is no closer than 10 feet to the edge of the
adjoining street right-of-way (or front property line where the lot
has no road frontage).
D. Accessory buildings or structures may not be erected or located within any required front yard setback area, except for fences (as provided in §
27-505, Subsection
3, below), signs (as regulated in Part
7), or as may be provided otherwise in Part
4, the supplementary use regulations, for specific uses. (See also §
27-505, Subsection
2, for additional standards pertaining to accessory buildings or structures.)
E. Off-street parking and loading areas may be located within the required
front yard setback area, but only as provided in the District Regulations,
Part 3.
3. Side Yards.
A. Side yards shall be measured from the edge of the side property line
or from the edge of the right-of-way of any adjoining street or alley.
B. On a corner lot, the side yard abutting the street shall have a width
equal to the required front yard depth for the district in which the
lot lies.
C. Where an addition is proposed for an existing, principal residential
building which extends into the required side yard setback area, the
addition may be authorized by the Zoning Officer so long as the addition
extends no further into the required side yard than the existing structure;
it does not obstruct the clear sight triangle of an intersection;
and, it is no closer than 10 feet to any property line nor closer
than 20 feet to the center line of any adjoining alley.
D. Accessory buildings or structures may not be erected or located within any required side yard setback area, except for fences (as provided in §
27-505, Subsection
3, below), signs (as regulated in Part
7), or as may be provided otherwise in Part
4, the Supplementary Use Regulations, for specific uses. Where a side yard is adjacent to an alley, all accessory structures shall be set back a minimum of 20 feet from the center line of the alley. (See also §
27-505, Subsection
2, for additional standards pertaining to accessory buildings or structures.)
E. Off-street parking and loading areas may be located within the required
side yard setback area, but only as provided in the District Regulations,
Part 3.
4. Rear Yards.
A. Rear yards shall be measured from the rear property line or from
the edge of the right-of-way of any adjoining street or alley.
B. Where an addition is proposed for an existing, principal residential
building which extends into the required rear yard setback area, the
addition may be authorized by the Zoning Officer so long as the addition
extends no further into the required rear yard than the existing structure;
it does not obstruct the clear sight triangle of an intersection;
and, it is no closer than 10 feet to any property line nor closer
than 20 feet to the center line of any adjoining alley.
C. Accessory buildings or structures may be erected or located within a rear yard, but only as set forth in Part
3, the District Regulations. No accessory buildings or structures shall however be located within a required rear yard setback area except for fences (as provided in §
27-505, Subsection
3, below), signs (as regulated in Part
7), or as may be provided otherwise in Part
4, the Supplementary Use Regulations, for specific uses. Where a rear yard is adjacent to an alley, all accessory structures shall be set back a minimum of 20 feet from the center line of the alley. (See also §
27-505, Subsection
2, for additional standards pertaining to accessory buildings or structures.)
D. Off-street parking and loading areas may be located within the required
rear yard setback area, but only as provided in the District Regulations,
Part 3.
[Ord. No. 8-9-2005, 8/9/2005,
§ 503]
1. The maximum height regulations set forth in Part 3, the District
Regulations, shall not apply to spires, belfries, cupolas, chimneys,
ventilators, skylights, flag poles, utility poles, solar collectors
or related equipment, and ornamental or other necessary mechanical
appurtenances normally associated with homes, churches and similar
establishments. Such appurtenances shall, however, be erected to such
height as is necessary to accomplish their intended purpose and shall
not be used for human occupancy.
2. Proposals to exceed the maximum height limitations set forth in Part
3, the District Regulations, in the Suburban Residential, Urban Residential,
General Commercial or Interchange Commercial Districts shall require
approval of the Township Supervisors.
3. Agricultural or industrial structures such as barns, silos, grain
elevators, water storage or cooling tanks, discharge stacks, or similar
types of structures generally erected to heights exceeding the maximum
limits established in the District Regulations for the zones where
they may be located, may also exceed the designated height regulations,
provided that such appurtenances are erected only to such height as
is necessary to accomplish their intended purpose, and in the case
of structures being proposed for location in or adjacent to a Residential
District, are set back a distance equal to their height from all property
lines.
4. Commercial communications towers may also exceed the maximum height regulations set forth in Part
3, the District Regulations, provided that they meet the height and setback provisions set forth in §
27-428 of this chapter.
5. Notwithstanding any of the exceptions outlined above, the location
and height of all structures shall be in accordance with all applicable
rules, regulations, standards and criteria of the U.S. Department
of Transportation, Federal Aviation Administration.
[Ord. No. 8-9-2005, 8/9/2005,
§ 504; as amended by Ord. No. 11-11-2014, 11/11/2014]
1. Two or More Principal Uses in Same Building. When two or more principal uses occupy the same building (not including home occupations as defined in §
27-429) sufficient parking spaces, lot area, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or authorized as part of a land development approved pursuant to the requirements of the Township Subdivision and Land Development Ordinance [Chapter
22].
2. Accessory Buildings or Structures. An accessory building(s) or structure(s)
may be maintained in conjunction with a permitted, principal use provided
that the following standards are met:
A. Accessory buildings or structures shall be set back in accordance with the yard requirements established in Part
3, the District Regulations, and the supplemental requirements provided in §
27-503 above.
B. In the Suburban Residential, and Urban Residential Districts, no
accessory structure, utility shed, or swimming pool shall be located
in front of the front building line of its principal structure.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
C. No manufactured housing, mobile home units, buses, van bodies, or truck trailers may be used as accessory buildings or structures, except that shipping containers may be permitted for storage in Agricultural Districts, and temporary storage trailers may be permitted in the General Commercial, Interchange Commercial, and Industrial Districts. (See also §
27-433 of this chapter for standards pertaining to accessory warehousing and storage facilities.)
[Amended by Ord. No. 03-09-2021, 3/9/2021]
D. The height of all accessory buildings or structures shall be as set
forth in Part 3, the District Regulations, except as may be provided
otherwise in Part 4, the Supplementary Use Regulations.
3. Fences, Walls and Barrier Netting.
A. Fences, walls or barrier netting may be permitted to be located within
any of the required yard setback areas, unless otherwise restricted
or prohibited by provisions of this chapter.
B. Fences, walls or barrier netting erected in a Rural Residential,
Suburban Residential, Urban Residential or Urban Residential-1 District
shall not exceed three feet in height when located within a required
front yard and no more than six feet in height when located within
a required side or rear yard. In any other district, security fencing
may be permitted up to 10 feet in height.
C. In no case shall a fence, wall or barrier netting be erected which could cause danger to traffic on a street or road (whether public or private) by obscuring a driver's view or which does not comply with the clear sight triangle requirements contained in Subsection
4.
D. All fences to be placed in an identified floodplain area shall also meet the floodplain management regulations set forth in Part
6 of this chapter.
4. Clear Sight Triangle Requirements. No obstruction or planting measuring
higher than 30 inches or hanging lower than 10 feet above the established
grade or the street at the property line shall be permitted within
the clear sight triangle of any street intersection. A clear sight
triangle shall be defined as that area of unobstructed vision at a
street intersection formed by lines of sight between points at a given
distance from the intersection of the street center lines. These distances
shall be as follows:
A. For the intersection of a local street and an alley or two local
streets, the distance from the intersection of the street center lines
shall be 50 feet.
B. For the intersection of a local street and a collector street, the
distance from the center line intersection shall be 100 feet.
C. For the intersection of two collector streets, the distance required
shall be 150 feet.
5. Maximum Building Coverage. The percentage of land covered by principal and accessory buildings or structures on each lot shall not be greater than is permitted in Part
3, the District Regulations, for the district in which the lot is located. For the purposes of this chapter, swimming pools shall be excluded from the calculation of minimum building coverage.
6. Maximum Impervious Surface. The percentage of the lot covered by
impervious surfaces, including buildings, structures, and any area
in asphalt, concrete or similar materials which will not absorb water
(including parking lots, driveways, roads, and sidewalks) shall not
be greater than is permitted in Part 3, the District Regulations,
for the district in which the lot is located.
7. Erosion and Sedimentation Control. All erosion and sedimentation control requirements set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter
22] and the Department of Environmental Protection's 25 Pa. Code, Chapter 102, "Erosion Control," or as may hereafter be amended, shall be met to the satisfaction of the Township Zoning Officer prior to the issuance of a zoning permit.
8. Drainage and Stormwater Management. All drainage and stormwater management standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter
22], Act 1978-167, 32 P.S. § 680.1 et seq. (the Pennsylvania Stormwater Management Act), and any Watershed Stormwater Management Ordinance [Chapter 23] in effect in Hemlock Township or as may hereafter be enacted, shall be met to the satisfaction of the Township Zoning Officer prior to the issuance of a zoning permit.
9. Outdoor Lighting. All outdoor flood lighting and spot lighting, whether
on public or private premises, shall be mounted and shielded to effectively
eliminate direct glare on adjacent properties or on public streets.
No moving or flashing lights shall be permitted in any zoning district.
[Ord. No. 8-9-2005, 8/9/2005,
§ 505]
1. Where a commercial or industrial use (commenced after the effective date of this chapter) abuts a residential district, a buffer yard of at least 50 feet shall be required, unless provided otherwise in Part
4, the Supplementary Use Regulations. Such buffer yard shall be a part of the commercial or industrial installation and shall be parallel and adjacent to the residential district boundary.
2. Where a commercial or industrial use (commenced after the effective
date of this chapter) abuts another lot in the commercial or industrial
district, a buffer yard of 10 feet shall be required.
3. All required buffer yards shall be planted and maintained with vegetative material, such as grass, sod, shrubs, or other evergreens. Where required within or in place of buffer yards, screening shall be accomplished in accordance with §
27-507 below.
4. A buffer yard may be considered as part of the required yard space.
5. No structure, storage of materials, or off-street parking and loading
areas shall be permitted within any required buffer yard; however,
utilities and access drives may cross such yards, but shall do so
as closely to perpendicular as possible.
[Ord. No. 8-9-2005, 8/9/2005,
§ 506]
1. Where required, screening may be accomplished through the use of
any one or a combination of the following methods:
A. Screen Plantings.
(1)
Screen planting shall be provided as set forth in Part 4, the
Supplementary Use Regulations, or where determined necessary by the
Township Supervisors or Zoning Hearing Board, as applicable, to serve
as barrier to visibility, glare, and/or noise between adjacent properties.
(2)
Plant or vegetative materials, including shrubs or evergreens,
used in screen plantings shall be of such species as will produce,
within two years, a complete visual screen six feet in height and
shall be of such density as is necessary to achieve the intended purpose.
(3)
Screen planting shall be maintained permanently by the lot owner,
and any plant material which does not live shall be replaced within
one year.
(4)
Screen planting shall be placed so that, at maturity, it will
be no closer than five feet to any street right-of-way or property
line.
(5)
Screen planting shall be broken only at points of vehicular or pedestrian access or utility easements. In accordance with the provisions of §
27-505, Subsection
4, however, a clear sight triangle must be maintained at all street intersections.
(6)
Where a commercial or industrial use abuts an existing residential
use or residential district, all required screen plantings shall extend
the entire length of the common boundary.
B. Fences or Walls.
(1)
In lieu of, or in addition to, screen plantings as set forth
above, the Township Supervisors or Zoning Hearing Board, as applicable,
may consider the use of a fence or wall as an acceptable barrier to
potentially objectionable noise, glare, and/or visibility between
adjacent properties.
(2)
Fences or walls used to provide required screening shall be
at least six feet in height and be of such type as is necessary to
achieve the intended purpose.
(3)
Fences or walls used to provide required screening shall meet the requirements set forth in §
27-505, Subsection
3, of this chapter.
(4)
Any fence or wall used to provide required screening shall be
owned and maintained in a structurally sound condition by the property
owner.
C. Berms or Other Natural Landforms.
(1)
In lieu of, or in addition to, screen plantings as set forth
above, the Township Supervisors or Zoning Hearing Board, as applicable,
may consider the use of an earthen berm or other existing or proposed
landform as an acceptable barrier to potentially objectionable noise,
glare, and/or visibility between adjacent properties.
(2)
Berms or landforms used to provide required screening shall
be of such height and of such type as is necessary to achieve the
intended purpose.
(3)
Any berm or landform used to provide required screening shall
be owned and maintained in satisfactory condition by the property
owner, and may not be altered except for usual maintenance.