[Ord. 5/9/1972, § 500; as amended by Ord. 12/12/1991B, § 10]
1. The regulations for each district pertaining to minimum lot size,
minimum lot width, maximum lot coverage, maximum height and minimum
yard space shall be as specified in the "Table of Dimensional Requirements"
included in this section, except as may be approved by the Township for a cluster
development as permitted in § 27-402(2)(H). All uses and
activities established after the effective date of this chapter shall
provide for the minimum and not exceed the maximum dimensions specified,
except as may be approved by the Township for a cluster development
as permitted in § 27-402(2)(H). Innovative design of subdivisions
or land developments, including cluster development, which serves
the purposes of this chapter and the Township Comprehensive Plan and
is determined by the Board, upon the recommendation of the Planning
Commission, to be in the public interest is to be encouraged and may
be permitted. Cluster design for residential development is to be
encouraged in zoning districts as permitted in § 27-402(2)(H).
[Amended 9/13/2007]
2. Where the proposed innovative design is determined not to be generally
consistent with the Comprehensive Plan, one of the following conditions
must be found to exist in order for the Township to approve the innovative
design:
A. The Comprehensive Plan must be found to be not applicable in that
particular instance.
B. The Comprehensive Plan did not address the issues raised in the proposed
design and which, by virtue of new technology or contemporary design
practice, will result in an improved quality of development without
adverse effect upon the community or the environment.
3. In cases where provisions of Part
4, Part
11 or other parts of this chapter provide dimensions differing from the general regulations specified in the table, such provisions shall take precedence.
4. Regulations applying to lots, buildings and uses in existence prior to the effective date of this chapter, or relevant amendments thereto, shall be governed by Part
9.
5. In cases where the site location, site characteristics, proposed
use or intensity of use, or other factors warrant the Planning Commission,
Zoning Hearing Board, or Board of Township Supervisors having appropriate
jurisdiction may establish requirements or standards and regulate
the siting, density and design as it may deem necessary to protect
the public health and safety, to provide for reliable, safe and adequate
water supplies, to preserve natural, scenic and historic values, to
protect the environment, and to preserve forests, wetlands, aquifers
and floodplains.
[Ord. 5/9/1972; as amended by Ord. 5/13/1982, § 4; by Ord. 12/15/1987; and by Ord. 12/12/1991B, § 11]
1. Height Exceptions. The height limitations of this chapter shall not
apply to church spires, belfries, cupolas, monuments, silos and domes
not used for human occupancy nor to chimneys, ventilators, skylights,
water tanks, bulkheads, similar features and necessary mechanical
appurtenances normally built above the roof level. Such features,
however, shall be erected only to such height as necessary to accomplish
the purpose they are to serve and shall not exceed in cross-sectional
area 20% of the ground floor area of the building. Wind towers and
wind turbines, meteorological towers and related appurtenances for
large-scale commercial wind farms and for small wind energy systems
shall be exempt from its height limitations of this chapter so long
as the height for such wind turbines shall be no higher than necessary
to serve their intended purpose.
[Amended 5/13/2010]
2. Special Front Yard Requirements.
A. Exceptions. If the alignment of two or more existing buildings on
each side of a lot within a distance of 50 feet of the proposed building
and fronting on the same side of the same street in the same block
is nearer to the street than the required front yard depth, the average
of such existing alignment within that distance shall be the required
front yard. Yard setback requirements may be adjusted during the subdivision
or land development plan stage by the Township Planning Commission
for a cluster design development. In cases where such setbacks are
adjusted, the Township Planning Commission shall specifically document
the particular setback and location which was adjusted and clearly
communicate in a timely manner said adjustment to the Township Zoning
Officer, Township Supervisors, Township Engineer and Township Solicitor.
[Amended 9/13/2007]
B. Additional Setbacks. For those properties fronting on arterial and collector
highways identified in the Comprehensive Plan and as listed herein,
minimum front yards shall be 50 feet in all districts, measured from
the future right-of-way. Future rights-of-way shall be 100 feet for
minor arterial highways, 80 feet for major collector highways, and
60 feet for minor collector highways, measured equally from the center
line of the existing right-of-way.
(1)
Minor Arterial Highways.
(a)
U.S. 11; all locations in Montour Township.
(b)
Pa. 42; all locations in Montour Township.
(2)
Minor Collector Highways.
(a)
Valley Road; that is, T416.
(b)
Quarry Drive and Ridge Road; that is, LR19119 (SR4004).
(c)
Grovania Drive and Legion Drive; that is, LR19025 (SR4002).
(d)
Welliver Drive (from Ridge Road to Boone Drive to US 11); that
is, T-358.
3. Traffic Visibility; Clear Sight Triangle. In all districts, no structure,
fence, planting or other structure shall be maintained between a plane
two feet above curb level and a plane seven feet above curb level
so as to interfere with traffic visibility across any corner created
by the intersection of two or more streets or a street and driveway(s)
within that part of the required front or side yard which is within
a triangle bounded by the front and side lot lines and a straight
line drawn between points on each such lot line 20 feet from the intersection
of said lot lines or extension thereof.
4. Permitted Uses in Yards.
A. Projections. Ground story terraces and unenclosed porches may project
into any required yard not more than 1/2 its required dimension and
not more than 10 feet in any case. Chimneys, flues, columns, sills
and ornamental features may project not more than two feet into a
required yard.
B. Fences. Subject to §
27-501(3), yard provisions shall not apply to hedges, fences or walls less than six feet high above the natural grade.
C. Accessory Buildings. Completely detached accessory buildings may
in no case occupy required front yards or side yard space directly
adjacent to the principal building; but, in the case of rear yards,
completely detached accessory buildings may extend into the rear yard
a distance of 1/2 the normal rear yard requirement. Accessory buildings
which are attached to the principal building may extend into the side
or rear yard a distance of 1/2 the normal required yard but may in
no case project into the front yard.
D. Outdoor Storage and Off-Street Parking. Outdoor storage and off-street
parking may project into any side or rear yard a distance of not more
than 1/2 its required dimension.
5. Multiple Frontage Lots. On corner or double-frontage lots, each side
of a lot having a street frontage shall meet the required front yard
setback for that lot.
6. Spacing of Nonresidential Buildings. Where two or more main buildings
for nonresidential uses are proposed to be built upon a property in
one ownership, front, side and rear yards are required only at lot
lines abutting other properties.