The supplementary district requirements are designed to contain
a list of complimentary and general requirements which augment and
clarify regulations listed elsewhere in this chapter. Where applicable,
these regulations shall apply uniformly to every use, activity, building
or structure hereafter erected, altered, established or expanded.
These regulations apply to all zoning districts and are listed comprehensively
herein to avoid duplication and repetition throughout the remainder
of this chapter.
Any building or structure attached to a principal building in
any manner shall comply in all respects with the yard requirements
of this chapter for a principal building. No separate or detached
building or structure shall be permitted in any required front yard.
Accessory buildings located in the RHD District shall not be permitted
within five feet of any side or rear lot line; in all other residential
or commercial districts, accessory buildings shall not be less than
10 feet from a side or rear lot line. In all districts, where the
entrance to a garage abuts a public alley, said garage entrance shall
be no less than 15 feet from the right-of-way of such alley.
A. Private, noncommercial swimming pools which are designed to contain
a water depth of 24 inches or more, regardless of whether they are
permanently affixed or movable, shall be located on the same lot or
tract as the dwelling and shall be permitted neither in the required
front yard nor closer to any street line than the dwelling. In all
other yards, a pool shall not be closer than 15 feet to any lot line,
as measured from the water's edge. All pools shall be completely enclosed
with a continuous impenetrable fence or barrier no less than four
feet in height above the ground level and shall be equipped with a
lockable gate or retractable ladder. Any deck, patio, or impermeable
surface, not under roof or otherwise enclosed, which surrounds, is
attached to, or associated with a pool shall be no closer than 10
feet to the side or rear lot line.
B. Private tennis courts shall be permitted within side or rear yards
provided that such facility shall not be less than 15 feet from side
or rear lot lines.
C. Nothing in this section shall be construed to limit other uses not
mentioned so long as they are clearly accessory to the principal permitted
use of the land and do not create a threat to the public health, safety,
and/or welfare of the community.
The following projections shall be attached to a building, may
be permitted in required yards and shall not be considered in the
determination of yard size.
A. Patios, paved terraces, decks, or open, unroofed porches shall be
permitted in all yards provided that such structure shall be no closer
than five feet to any lot line and not greater than five feet above
finished grade.
B. Projecting architectural features — bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features, provided they do not extend more than five feet into any required yard no closer than three feet to any adjacent property lines; however, any canopies, porte cocheres or other roofs that extend more than five feet from the building line as defined in Article
I of this chapter, shall be subject to the yard requirements applied from the lot line to the edge of the roof.
C. Stairs, landings, and decks that are unroofed, provided that they
are no closer than five feet to any lot line.
D. Open balconies or fire escapes provided such balconies or fire escapes
are not supported on the ground and do no project more than five feet
into any required yard nor closer than three feet to any adjacent
property line.
A. A home occupation as defined in Article
I may be permitted in any district under the following conditions, except that such permission shall not exceed any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community:
(1)
The proprietor of the home occupation shall reside on the premises and shall be the property owner or a member of the immediate family of the property owner. The home occupation shall be incidental to the use of the property as a residence, and there shall be no exterior evidence of the occupation or change to the appearance of the dwelling to facilitate the operation of the occupation, other than one small sign as provided in Article
XXII of this chapter.
(2)
The home occupation shall be conducted wholly within the dwelling
and shall not occupy more than 25% of the habitable floor area. This
area shall include all functions or activities of the home occupation.
(3)
The proprietor may employ not more than one assistant who does
not reside within the dwelling used for the home occupation.
(4)
In addition to the parking required for the residence, two off-street parking spaces shall be provided for the home occupation plus one additional space for any assistant. However, no-impact home-based businesses, as defined herein, shall not require any additional off-street parking. Off-street parking improvements shall comply with Article
XXI of this chapter.
(5)
Any home occupation or accessory function of a home occupation
which may create objectionable noise, fumes, odor, dust, electrical
interference, or substantially more than normal residential traffic
shall be prohibited.
B. No-impact home-based businesses as defined in Article
I are permitted as a use by right in all districts, except that such permission shall not exceed any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
(1)
The business or commercial activity must satisfy the following
requirements:
(a)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members
residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
On a corner lot in any district a clear sight triangle shall
be provided at all street intersections. Within such triangles, no
vision obstructing objects (other than utility poles) shall be permitted
which obscure vision above the height of 30 inches and below 10 feet
as measured from the center line grade of intersecting streets. Such
triangles shall be established from a distance of:
A. Seventy-five feet from the point of intersection of the center lines
of intersecting streets, except that,
B. Clear sight triangles of 100 feet shall be provided for all intersections
with arterial and major streets.
Unless otherwise regulated, fences, walls, and hedges may be
permitted in any required yard or along the edge of any yard. However,
no fence, wall, or hedge along the sides or front edge of any front
yard shall be over 30 inches in height and do not obstruct visibility.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter and the Chapter
185, Subdivision and Land Development, of the Code of East Hanover Township shall be met for each structure as though it were on an individual lot.
Every building hereafter erected or moved shall be on a lot
abutting a public street, or with direct access to an approved public
or private street. All structures shall be so located on lots as to
provide safe and convenient access for servicing, fire protection,
and required off-street parking.
In the interest of protecting the public health, safety, and
welfare, every building or structure hereafter erected, altered or
moved upon any premises and used in whole or in part for dwelling,
commercial or recreational business, or industrial purpose shall be
provided with both a safe and sanitary water supply and a safe and
sanitary means of collection and disposal of residential, commercial,
or industrial sewage. Such facilities shall conform to the minimum
requirements set forth by the Department of Environmental Protection.
Unless otherwise regulated in this chapter, every dwelling unit
hereafter designed, established, or erected shall contain a minimum
habitable floor area of 700 square feet. Existing two-family or multifamily
development shall only be expanded or enlarged provided that a minimum
lot area of 3,000 square feet is provided for each dwelling unit located
on said property.
In all districts, corner lots shall have no required rear yards,
but shall have two required front yards as measured from the road
right-of-way line and two required side yards as measured from the
lot lines.
Where an unimproved lot of record is situated between two improved
lots, the front yard requirements for the district may be modified
so that the front yard may be an average of the adjacent existing
front yards. Where an unimproved lot of record is adjacent to one
improved lot which was developed prior to the enactment of this chapter,
the front yard requirements of the unimproved lot may be reduced to
the average of the existing improved lot setback and required front
yard.
[Amended 6-28-2021 by Ord. No. 2021-2]
Customary household pets shall be permitted in any district;
however, novelty pets, kennels, the keeping of livestock or fowl,
the accessory keeping of horses, and uses involving animal husbandry
shall be permitted only as indicated in the appropriate district regulations.
Upon notification and request by the Zoning Administrator, any
building or structure which has deteriorated to the state where it
is dangerous and/or unsafe for human occupancy, constitutes a fire
hazard, endangers surrounding buildings, shelters rats or vermin,
or endangers the safety of children playing thereabouts, shall be
repaired, altered or removed to eliminate the dangerous conditions.
Such improvements shall commence within 30 days and be completed within
90 days of notification by the Zoning Administrator.
Gasoline pumps, tanks, and all other service equipment shall
be located not less than 35 feet from any lot line and/or road right-of-way
and located such that vehicles stopped for service will not extend
over the property line.
Automotive vehicles or trailers of any kind without current,
valid license plates and/or state inspection shall not be parked or
stored on any property other than in completely enclosed buildings
or properly approved junkyards. Additionally, such vehicles shall
not be parked or stored along public streets in any zoning district.
For purposes of these regulations, major recreational equipment
and/or tractor trailers, rigs, or cabs are defined as including boats
and boat trailers, travel trailers, pick-up campers or coaches (designed
to be mounted on automotive vehicles), motorized dwellings, tent trailers,
and the like, and cases or boxes used for transporting recreational
equipment, whether occupied by such equipment or not. No major recreational
equipment shall be parked or stored on any lot in a residential district
except in a carport, an enclosed building, in a rear yard or on that
portion of a private residential driveway not within the road right-of-way.
No such equipment shall be used for living, sleeping or housekeeping
purposes when parked or stored on a residential lot, or in any location
not approved for such use. Additionally, no such equipment shall be
parked for loading and unloading along public streets in any zoning
district for a period of time exceeding 24 hours.
All mobile home parks and mobile home subdivisions hereafter erected, established, substantially altered, or expanded shall comply with the requirements of Chapter
109, Mobile Home Parks and Recreation Vehicle Parks, of the Code of East Hanover Township, and any requirements set forth in Article
VII of this chapter.
The height limitations of this chapter shall not apply to church
spires; farm structures when permitted by other provisions of this
chapter (e.g., silos, barns, etc.); belfries, cupolas, penthouses
and domes not used for human occupancy, chimneys, ventilators, skylights,
water tanks, bulkhead and similar features; utility poles and standards;
and necessary mechanical appurtenances usually carried above the roof
level. Such features, however shall be erected only to such height
as is necessary to accomplish the purpose they are to serve and then
only in accordance with any other governmental regulations.
For the purposes of this chapter, public utilities exemptions
to district requirements shall extend only to accessory support and
maintenance structures and buildings not requiring human occupancy.
Such uses and structures including fences shall be located no closer
than 10 feet to any lot line or road right-of-way line. Principal
utility structures (e.g., sewage treatment plants, electrical power
plants, etc.) shall be permitted in any district but shall comply
in all respects with the requirements for a principal use of the district
in which it will be located. In either case, said utility corporation
shall secure a building and zoning permit from the Zoning Administrator
prior to the start of construction. Said permit application shall
include any and all approvals required by other agencies, etc., for
the use specified.
It is the intent of the Township to comply with Chapter
33, Local Ordinances Relating to Oil and Gas Operations, of Title 58, Oil and Gas, of the Pennsylvania Consolidated Statutes, as added by Act 13 of 2012. Oil and gas operations, as defined in 58 Pa.C.S.A. § 3301, shall be permitted within the Township to the extent of and in the manner required by 58 Pa.C.S.A. § 3304. All provisions of this chapter shall apply to oil and gas operations to the maximum extent allowed by Chapter
33 of Title 58.
All uses proposed within East Hanover Township shall operate
in compliance with applicable state and federal regulations, as they
are periodically amended. The following lists known governmental regulations
associated with various land use impacts. This list in no way excludes
or limits federal or state jurisdiction over uses within the Township,
but is merely provided for information to applicants and landowners.
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. 691.1 et seq., as amended.
D. Mine reclamation and open pit setback. Pennsylvania Act No. 1984-219,
the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S.
§ 3301 et seq.
E. Glare and heat. "Rules and Regulations" of the Pennsylvania Department
of Environmental Protection.
No land or structure in any zoning district shall be used or
occupied in any manner that creates any:
A. Dangerous, injurious, or noxious condition;
B. Fire, explosive or other hazards;
C. Heat, electromagnetic or other radiation;
E. Smoke, dust, odor or other form of air pollution; or
F. Any other condition in such manner or in such amount as to adversely
affect the reasonable use or value of the surrounding area or adjoining
premises or be dangerous to public health or safety.
In accordance with the requirements of Section 603(f) of the
MPC, as amended by Act 68 of 2000, forestry, including the harvesting of timber, is permitted
as of right in all zoning districts within the Township subject to
the provisions generally applicable to all uses in the district in
which such land is located. If in the future the General Assembly
amends the MPC to repeal Section 603(f) or to remove the requirement
that forestry be permitted in all zoning districts in every municipality,
this section will be of no further force or effect.
A. Purpose.
(1)
It is the purpose of this section to permit a more varied, efficient,
and economical development pattern; to foster the protection of critical
natural resources, such as streams, groundwater, floodplains, wetlands,
steep slopes, woodlands and wildlife habitat areas; and to conserve
open space areas within residential subdivisions.
(2)
By providing for lot averaging, impervious cover and other improvements
may be reduced, resulting in a lesser increase in stormwater run-off
as well as a reduction in subdivision improvement costs.
(3)
By providing for lot averaging, it is the specific goal of the
Township to minimize the potential adverse aesthetic effects of conventional
land development as a whole and on neighboring property owners in
particular, by encouraging the use of site planning which will reduce
the visual impact of development from the vantage point of surrounding
properties and nearby public roads.
B. Eligibility. As a design option, a developer may be allowed to modify
the area and bulk regulations for single-family residential development
only, provided the following procedures and conditions are met:
(1)
Lot averaging shall be permitted in the RF - Residential Forest
zoning district.
(2)
The tract of land to be subdivided shall be contiguous and shall
be held in single and separate ownership.
(3)
The site shall be suitable for development in the manner proposed
without hazards to persons or property, on or off the site, due to
flooding, erosion or other dangers or inconveniences. Conditions of
soil, groundwater, drainage and topography shall be compatible with
proposed site design.
(4)
Site planning, including layout of streets and lots shall be
in compliance with the purposes and standards of this chapter and
of the applicable Subdivision and Land Development Ordinance.
C. Lot averaging controls. No lot of such size as to be capable of further
subdivision under the district regulations shall be included in determining
the average lot area unless the possibility of such further subdivision
is eliminated by a deed restriction or agreement in a form acceptable
to the Township and duly recorded in the office of the Recorder of
Deeds of Lebanon County.
D. Area and bulk regulations.
(1)
For developments utilizing the lot averaging design option,
the following minimum area and bulk regulations shall apply:
Normal Minimum
|
No Public Utilities
|
Public Water or Sewer
|
Slope in Excess of 20%
|
---|
Lot size
|
2.0 acres
|
1.0 acre
|
3 acres
|
Lot width (feet)
|
200
|
150
|
250
|
Front yard (feet)
|
50
|
40
|
50
|
Side yard (feet)
|
20
|
15
|
30
|
Rear yard (feet)
|
50
|
40
|
50
|
Lot coverage (maximum) (percent)
|
20%
|
20%
|
10%
|
Lot-averaging minimum
|
|
|
|
Lot size
|
1 1/3 acres
|
20,000 square feet
|
1 2/3 acres
|
Lot width (feet)
|
150
|
100
|
150
|
Front yard (feet)
|
40
|
30
|
40
|
Side yard (feet)
|
15
|
15
|
20
|
Rear yard (feet)
|
30
|
30
|
30
|
Lot coverage (maximum) (percent)
|
25%
|
30%
|
20%
|
(2)
Notwithstanding the minimum lot size required in the base zoning
district and the requirements above, if strict compliance with the
minimum results in an otherwise unacceptable development design, the
Zoning Hearing Board, by variance, may permit a further reduction
in the minimum lot size if it will promote the objectives of this
chapter.
A. The following types of satellite dish antennas shall be allowed in
all districts and shall not require a permit for same, but shall observe
setback regulations if applicable.
(1)
Dishes that are one meter (39.37 inches) or less in diameter
for private TV reception or Internet access.
(2)
Dishes used for credit card or other business transactions usually
placed on rooftops.
B. The location of all satellite dish antennas must comply with the
setback restrictions for the principal use and shall not be located
in front of the principal building, unless applicable provisions of
the Federal Communications Commission would be violated.
Such devices are permitted in any district as an accessory use
to a principal residence, provided they are not located within the
front yard and that they are set back a horizontal distance from each
property line at least equal to their height.
Roadside stands for the sale of "home-grown" or "home-made"
products shall be subject to the following:
A. Any structure used to display such goods shall be no more than 600
square feet in gross floor area.
B. Such structure shall be located at least 20 feet from any property
line or road cartway, and not within the road right-of-way.
C. Sufficient off-street parking spaces to accommodate the maximum number
of stopped vehicles at any one time shall be provided, but in no case
fewer than three such spaces.
D. At least half of the products displayed for sale must have been produced
on the premises.
[Added 6-28-2021 by Ord. No. 2021-2]
In addition to roadside stands as regulated in §
250-195, the on-site retail sale of agricultural products shall be permitted subject to the following:
A. Any structure used to display such goods shall be located at least
50 feet from any property line or road cartway.
B. Sufficient off-street parking spaces to accommodate the maximum number
of customer vehicles at any one time shall be provided, but in no
case fewer than three such spaces.
C. At least half of the products offered for sale must have been produced
on the premises.