[Ord. No. 1049, 11/18/2019; Ord. No. 1097, 4/16/2024]
1. 
For the purposes of this chapter, the Township is hereby divided into the following districts:
A. 
Rural Districts.
(1) 
Rural Agricultural District (RA): to encourage the continuation of the Township's commitment to promoting agriculture within established working landscapes and where agricultural activities have historically occurred.
(2) 
Rural Residential District (RR): to encourage the continuation of the Township's established working landscapes and activities in the context of very low-density residential development.
(3) 
Agricultural Research (AR): to promote and preserve locations within the Township where institution-based agriculture, research, extension, or education, as defined by the USDA (US Dept of Agriculture), PDA (Pennsylvania Department of Agriculture) or the Agricultural Research, Extension, and Education Reform Act of 1998[1] (and as amended), and associated accessory structures and related activities can occur.
[1]
Editor's Note: See 7 U.S.C. § 7601 et seq.
(4) 
Forest/Gamelands District (FG): to provide appropriate location for land uses dedicated to resources of statewide significance supporting hunting and conservation, ecological sanctuaries, nature preserves, public parks and outdoor recreation facilities.
B. 
Residential Districts.
(1) 
Single-Family Residential District (R-1): to provide appropriate location for single-family detached dwellings that may or may not be serviced with on-site sewage infrastructure and neighborhood-scale, civic-oriented land uses.
(2) 
Suburban Single-Family Residential District (R-1B): to provide appropriate location for single-family detached dwellings that are serviced with off-site sewage infrastructure and neighborhood-scale, civic-oriented land uses.
(3) 
Two-Family Residential District (R-2): to provide appropriate location for single-family and two-family dwellings on lots smaller than those typically associated with single-family residential districts and neighborhood-scale, civic-oriented land uses.
(4) 
Townhouse Residential District (R-3): to provide appropriate location for a range of dwellings types and densities generally oriented toward smaller lot sizes, zero-lot lines, as well as neighborhood-scale, civic-oriented and/or supportive care facilities.
(5) 
Multifamily Residential District (R-4): to provide appropriate location for a range of higher-density dwellings and neighborhood-scale, civic-supportive land uses.
(6) 
Mobile Home Park District (MHP): to provide appropriate location that supports mobile home parks.
(7) 
Village District (V): to provide an appropriate location for an area that supports a mix of residential and nonresidential land uses, ranging from single-family dwellings to professional offices, and encourages pedestrian activity.
(8) 
Planned Residential Development District (PRD): to encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.
(9) 
See also § 27-303, Traditional Town Development (TTD), and § 27-304, West College Neighborhood (WCN).
C. 
Commercial Districts.
(1) 
General Commercial District (C): to provide appropriate location for commercial establishments larger in scale and more automobile-oriented than those of the Village District.
(2) 
Office Commercial District (OC): to provide for development serving as a transitional buffer in scale and use between commercial development and residential development.
D. 
Industrial Districts.
(1) 
General Industrial District (I): to provide appropriate location for facilities commonly oriented toward and supporting production, fabrication and/or manufacturing activities.
(2) 
Light Industrial, Research and Development District (IRD): to provide appropriate location for less intense industrial land uses such as light manufacturing, assembly, processing, research/testing facilities and supporting offices.
E. 
Overlay Districts.
(1) 
See § 27-401, Corridor Overlay District, § 27-402, Ridge Overlay District, § 27-403, Riparian Buffer Overlay, and § 27-404, Airport Overlay District.
[Ord. No. 1049, 11/18/2019]
All territory which may hereafter be annexed by the Township shall be automatically included in the district which most nearly corresponds to the zoning classification of the land at the time of annexation, unless otherwise specified in the ordinance of annexation.
[Ord. No. 1049, 11/18/2019]
1. 
The boundaries of the districts in which this Township is divided shall be shown upon a map entitled the "Ferguson Township Zoning Map." The said map and all notations, references and other data shown thereon is hereby incorporated by reference into this chapter as if it were fully described herein.
A. 
Adoption of the Zoning Map. The Zoning Map, as adopted by ordinance, shall be identified by the signatures of the Board of Supervisors, attested by the Township Secretary, under the following words: "This is to certify that this is the Ferguson Township Zoning Map referred to in § 203 of Ordinance No. 224 (3/15/1982) as amended by Ord. No. 820 (12/8/2003) of the Township of Ferguson, Centre County, Pennsylvania," together with the date of enactment of Ordinance No. ____. The map shall be kept on file with the Township Zoning Administrator and shall be the final authority as to the current zoning status of land and water areas in the Township.
B. 
Changes in the Zoning Map. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the Zoning Map, such changes shall be entered promptly on said map. All changes shall be certified by initialing of the Board of Supervisors, together with a brief description of the changes and the date of enactment of such changes, under the word "Revised." No amendment to this chapter which involves matter portrayed on the Zoning Map shall become effective until after such change and entry has been shown on said map.
C. 
Replacement of the Zoning Map.
(1) 
In the event that the Zoning Map becomes damaged, lost or difficult to interpret because of the nature or number of changes, the Board of Supervisors may, by resolution, adopt a new Zoning Map which shall supersede the previous map. The new Zoning Map shall be identified by the signatures of the Board of Supervisors, attested by the Township Secretary, under the following words: "This is to certify that this Zoning Map supersedes and replaces the Zoning Map adopted on _____ as part of Chapter 27 of the Township of Ferguson, Centre County, Pennsylvania," together with the date of adoption of the resolution.
(2) 
Unless the previous Zoning Map has been lost or has been totally destroyed, the previous map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
D. 
District Boundary Lines. The district boundary lines shall be shown on the Zoning Map. Where uncertainty exists as to the boundaries of districts, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following Township limits shall be construed as following such Township limits.
(4) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5) 
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams or other bodies of water shall be construed to follow such center lines, and, in the event the stream or other body of water moves, the boundary shall move with the center line of such.
(6) 
Boundaries indicated as parallel to or extensions of features indicated in § 27-203, Subsection 1D(1) through (5), above, shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
(7) 
Where physical features existing on the ground are alleged to be at variance with those shown on the Zoning Map or in other circumstances not covered by § 27-203, Subsection 1D(1) through (6), above, it shall be the function of the Zoning Administrator to interpret and apply the map.
(8) 
Where one or more district boundary lines divides a lot held in single ownership, the regulations of one of the districts on either side of any such boundary line may be chosen by the owner to apply to the portion of such lot in the district on the other side of such line for a distance of not more than 50 feet beyond the district boundary line.
[Ord. No. 1049, 11/18/2019]
1. 
Zero lot line homes, pursuant to the definition found in § 27-1102 of this chapter, shall be permitted, provided that the following requirements are satisfied:
A. 
The side yard shall be either zero feet for only one side or the minimum distance as provided for in other relevant district and yard requirement regulations.
B. 
Where a zero lot line home is located on a lot line, a ten-foot wide easement shall be required for permanent access by the adjacent property owner or homeowners' association to maintain the exterior portion of the dwelling unit wall along the zero lot line. Overhang of roof eaves shall be permitted, provided that no more than two feet of overhang encroaches into the easement on the zero lot line side of the structure and that the bottom of such eave is not less than eight feet above the yard surface.
C. 
No doors or windows of any kind shall be permitted on the zero lot line sidewall of the dwelling/structure.
D. 
Exhaust/intake vents of any kind, i.e., for kitchen, laundry, bathrooms, HVAC on slab, etc., are prohibited on the designated zero lot line sidewall of the dwelling/structure.
E. 
The above design criteria shall be applicable to multiple single-family detached dwellings on a single lot as permitted in the R-3 and R-4 Districts, where reference to lot lines is replaced with side walls facing each other.
[Ord. No. 1049, 11/18/2019]
1. 
Accessory Uses. Except where otherwise permitted by this chapter, all structures that include accessory uses shall comply with the lot, yard setback and maximum height requirements for the primary use to which it is accessory. Residential uses may be accessory to nonresidential uses only as provided for in Subsection B(1) and (2) below:
A. 
All commercial buildings permitted in the V District may include one dwelling unit.
B. 
All commercial buildings permitted in the OC and C Districts may include dwelling units as permitted, subject to the following:
(1) 
No dwelling unit shall be permitted on the lowest level on grade.
(2) 
The floor area of the dwelling units permitted pursuant to this subsection as an accessory use shall not exceed 67% of the total floor area of the structure of which the dwelling units are a part.
(3) 
Accessory uses permitted pursuant to this paragraph may not exist on a floor or level of the structure on which a primary use exists.
C. 
Industrial uses may include a retail factory outlet for the sale of those products produced on the premises, provided that the floor area of such outlet does not exceed 25% of the total floor area of the primary structure.
D. 
Uses in the IRD zoning district may include on-site warehousing materials not used on site with the following restrictions:
(1) 
The square footage of the warehouse may not exceed 25% of the square footage of the primary use on the site.
(2) 
The materials stored may not be sold on site.
(3) 
A land development plan must be filed to establish the location and limits of the warehouse space. No lighting and/or signage associated with identifying the location of the use will be permitted. In addition, the site must be designed to ensure the ability to accommodate the size and type of truck performing pickup and delivery to the warehouse space.
(4) 
No outdoor storage is permitted.
(5) 
Truck access is limited to the hours between 7:00 a.m. and 7:00 p.m.
2. 
Accessory Structures.
A. 
On any residential lot less than five acres within the RA or the RR District, accessory structures shall be regulated by the calculation of maximum building coverage for the zoning district in which the lot exists.
B. 
On a residential lot five acres and greater within the RA or the RR District, no limit to building coverage associated with accessory structures shall exist.
C. 
For all residential lots (excluding RA- and RR-zoned lots) of two acres or less, the combined square footage of all accessory structures may not exceed 25% of the gross usable floor area of the principal building. There shall be a maximum of two accessory structures on any one lot.
D. 
On nonresidential lots or those residential lots (excluding RA- and RR-zoned lots) greater than two acres, the combined square footage of all accessory structures may not exceed 50% of the area of the principal building on the same lot. There shall be a maximum of two accessory structures in any one lot.
E. 
Swimming pools are permitted as accessory structures in any district, provided that outdoor pools, as defined by the applicable building code, shall meet the following requirements:
(1) 
No swimming pool may be located in any front or side yard setback area, but it may be located in the rear yard setback area, provided that no part of the pool, including paved areas or accessory structures, excluding fencing, shall be located within 10 feet of the rear property line.
(2) 
All outdoor swimming pools shall meet the requirements as set forth in the applicable building code.
F. 
Small accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in the rear yard setback areas, provided they are not placed closer than three feet from any lot line. All structures larger than 144 square feet or higher than 10 feet must comply with the setback requirements for primary structures.
3. 
Accessory Use(s) Associated With the Primary Use of a Lot as a Place of Assembly. Such uses might include, but are not limited to, child care, kindergarten/elementary/secondary or nursery school; indoor/outdoor sports or recreation facilities; camp or retreat area; banquet hall/conference center; community center; art gallery; performance space; nursing/convalescent home; retail sales; eating and drinking establishment; parking structure or any combination of such.
A. 
Any structure that includes such a use shall follow the same setback criteria as the primary uses associated with the zoning district in which the structure is located.
B. 
Landscaping and parking requirements will be applicable in accordance with the primary use of the site.
C. 
Such facilities may be rented on a temporary basis for fund-raising or charitable events but may not function full time in a manner that would qualify as a business-based place of assembly.
[Ord. No. 1049, 11/18/2019]
1. 
The lot requirements for any use or structure shall not include any part of a lot that is required by any other use or structure to comply with the requirements of this chapter.
A. 
Minimum Lot Size and Width. All lots created after the effective date of this chapter shall be no less than the minimum lot size and width requirements stipulated for each use in the district regulations, except for uses otherwise regulated under the cluster option for rural districts or a planned residential development district.
B. 
Maximum Lot Coverage. The total ground floor area of all primary and accessory buildings shall not exceed the percent of coverage of the lot specified for the use in the district regulations.
C. 
Maximum Impervious Landscaped Surface Coverage. The total of all surfaces shall not exceed the percent of coverage of the lot specified for the use in the district regulations.
D. 
One Dwelling Unit per Lot in Single-Family Residential District and Suburban Single-Family Residential District. In the Single-Family Residential District (R-1) and the Suburban Single-Family Residential District (R-1B), only one dwelling unit may be constructed upon each lot.
E. 
Cluster Option for Rural Residential District. The following cluster option is available for residential development land in the Rural Residential District for the purpose of preserving large tracts of farm and forest land and other open spaces for future generations.
(1) 
Provisions. All land included in any Rural Residential District may be developed for dwellings with lot and yard setback requirements for each lot reduced to those applicable to single-family detached dwellings with off-site sewer service in the Single-Family Residential District, provided that the overall density of the tract does not exceed what would have otherwise been possible under the Rural Residential District regulations applicable to single-family detached dwellings, and provided that:
(a) 
The total size of the tract shall be at least five acres.
(b) 
No more than 35% of the total tract be developed for single-family detached dwelling, single-family semidetached dwelling, single-family attached dwelling, two-family detached dwelling or two-family semidetached dwelling lots, including streets and accessory uses.
(c) 
The remaining portion of the tract, which shall be at least 65% of the tract, shall be used for only one or more of the following uses:
1) 
The tilling of the land, the raising of crops, fruits and vegetables, and the raising and keeping of livestock and poultry.
2) 
Horticultural uses related to the raising, propagating and selling of trees, shrubs, flowers and other plant materials.
3) 
Usual farm structures, including barns and greenhouses.
4) 
Commercial establishments for the processing, storage and sale of farm products produced and raised on the premises.
5) 
The conservation of open space, water, soil and wildlife resources.
6) 
Park and recreational uses for use by the general public and/or the homeowners of the developed portion of the tract.
7) 
All such uses shall meet the lot, yard setback and height requirements specified for such use in the Rural Agricultural District.
(d) 
The undeveloped portion of the tract shall be contiguous.
(e) 
Where the developed portion of the tract abuts a Rural Agricultural District, then the 200-foot buffer yard as provided in this chapter shall apply and the ratio of developed to undeveloped portion of the tract shall change from 35% to 65% to 40% to 60%.
(2) 
Procedure for Approval. All land to be subdivided under the zoning provisions of this subsection shall follow the procedures for the subdivision of land contained in Chapter 22, Subdivision and Land Development, with the following additional requirements:
(a) 
That at the time an application is made to the Township for preliminary plan approval, the applicant enter into a written agreement with the Township, in a manner and form acceptable for recording by the office for the Recorder of Deeds, Centre County, Pennsylvania, stipulating the means by which said open space shall be preserved for the uses permitted by this subsection. Such means shall be either of the following:
1) 
Dedication of the open space to the Township.
2) 
Establishment of a corporate ownership of the open space by the homeowners of the developed portion of the tract, incorporating into the deeds of the homeowners an interest in such open space, indicating the uses, as permitted above, to be made of such open space.
3) 
Disposition of such open space to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain the facilities subject to an acceptable deed restriction limiting eventual disposition of said open space for one or more of the uses permitted above and stated in the Articles of Incorporation.
4) 
Retention of ownership by the present landowner, his heirs and assigns for any and all of the uses permitted above.
(b) 
Such means may include an arrangement, upon the agreement of all parties to the arrangement, whereby the present landowner and his heirs and assigns may continue to use the land labeled "open space" after subdivision has been accomplished for any or all of the uses permitted above. Such arrangement shall specify the responsibilities of all parties to the agreement for the payment of taxes, provision of liability insurance and care and maintenance of the open space.
(3) 
Nothing in this subsection shall be construed to mean denial of the right of the landowner to otherwise develop in accordance with the regulations applicable to the Rural Residential District, nor shall it exempt any development from complying with other applicable requirements of this chapter.
[Ord. No. 1049, 11/18/2019]
1. 
No structure shall be placed in the front, side or rear yard setback areas specified for each use, except where specifically permitted below or in other sections of this chapter.
A. 
Where two or more primary structures for nonresidential use are proposed to be placed upon a lot in single ownership, the front, side and rear yard setback areas are required only at lot lines abutting other property.
B. 
Where two or more primary structures for residential use are proposed to be built upon a lot in single ownership, the front, side and rear yard setback areas are required as though each structure were on an individual lot. Within the lot, the minimum horizontal distance between facing walls of any buildings on the lot shall be as follows:
(1) 
Twenty feet between facing walls for single-family detached and semidetached dwellings, except that a distance of not less than 10 feet between zero lot line homes shall be permitted. A zero lot line home is a type of single-family detached dwelling.
(2) 
Thirty feet between facing walls (which are not party walls) for townhouse dwellings, single-family attached dwellings and two-family semidetached dwellings.
(3) 
Forty feet between facing walls (which are not party walls) for two-family attached dwellings, multifamily semidetached dwellings and attached dwellings, i.e., apartments, garden apartments.
(4) 
In instances when two types of principal buildings are located on one lot, then the distance between buildings shall be the larger distance based on the building of higher intensity.
C. 
Where a lot abuts upon a collector or arterial street with a right-of-way of less than 50 feet in width, the front yard setback shall be measured from a line parallel to, and 25 feet from, the center line of the street cartway.
D. 
Fences, walls and signs are permitted in any yard setback area unless otherwise restricted or prohibited by other provisions of this chapter.
E. 
Balconies, bay windows, chimneys and flues, columns, cornices and eaves, fire escapes, gutters and downspouts, sills, decks, patios, HVAC unit and pad and unenclosed porches may project into the specified yard setback areas of a lot, but not more than three feet.
F. 
On corner lots, nothing, including structures, fences, walls and vegetation, shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets and within an area bounded by the street right-of-way lines of such corner lots and a line joining points on these street right-of-way lines 25 feet from their intersection.
G. 
On a corner lot, the side yard abutting the street shall have a setback area equal to the depth of the front yard setback area required for the use and shall be governed by all front yard setback requirements of this chapter.
H. 
On a through lot, the rear yard setback width shall be either the rear or front yard setback width designated for the use, whichever is greater.
I. 
Where a tract of land zoned Rural Agricultural (RA) is rezoned to a different zoning classification, then a buffer yard of not less than 50 feet in width shall be provided on the rezoned property when that land adjoins land of the Rural Agricultural (RA) Zoning District.
[Amended by Ord. No. 1076, 3/15/2022]
(1) 
This revised buffer shall be applicable to any acreage which currently contains the previously established 200-foot buffer.
(2) 
No structure, including decks, patios or building additions may encroach in this fifty-foot buffer yard other than the placement of an accessory structure/shed of less than 144 square feet, which is permitted to be located within the buffer and as close as three feet from the property line. Swimming pools shall be prohibited from being located within the fifty-foot buffer yard.
J. 
Where a tract of land zoned Rural Agricultural (RA) on the effective date of this Part 2, or thereafter, is changed to a different zoning classification, then a buffer yard of not less than 50 feet in width shall be provided on the property which has been rezoned when the rezoned land adjoins land in the (FG) Forest Gameland Zone.
[Amended by Ord. No. 1076, 3/15/2022]
K. 
In all zoning districts, the lot width may vary as long as the minimum lot width at the street line and the building setback line are in compliance.
[Ord. No. 1049, 11/18/2019]
1. 
No structure shall exceed the height limitations specified for the use, except as allowed below:
A. 
Exceptions. In Rural, Agricultural Research, Commercial and Industrial Districts, the maximum height requirement shall not apply to the following: barns and silos, belfries, bulkheads, chimneys, church spires, domes, flagpoles, grain elevators, masts and aerials, monuments, observation towers, skylights, smokestacks, utility poles and towers, ventilators, water tanks, windmills and solar collectors, provided:
(1) 
They are erected only to such height as is necessary to accomplish the purpose they are to serve.
(2) 
If over 40 feet in height, they shall not exceed a height equal to their setback distance from any property line.
(3) 
They are not intended for human occupancy as dwellings.
B. 
Computation. The height of a structure shall be computed as the vertical distance measured from the mean level of the ground surrounding the structure to its highest point.
C. 
Single-Family Residential Structures in RA District. In the Rural Agricultural District, the maximum height requirement shall not apply to a single-family residential structure provided the following conditions are satisfied:
(1) 
The structure in question shall be located on a lot having a minimum size of 10 acres.
(2) 
The minimum front yard setback of the lot in question shall be 100 feet.
(3) 
The maximum height as measured from the finished grade at the front elevation shall not exceed 40 feet in height.
(4) 
The overall maximum height of a single-family residential structure in the Rural Agricultural Zoning District shall be measured by calculating the mean height of the structure. This calculation will subtract the final grade elevation of the front of the structure from the final grade elevation of the rear of the structure and divide the sum by two. This sum will be added to the height of the structure at the front elevation of the structure to determine the maximum height of the structure. This mean height shall not exceed 115% of the height of the single-family residential structure at the front elevation.
(5) 
For the purposes of determining the height under this exception, the "front elevation" shall be the side of the structure that faces a road or street.
(6) 
A rural agricultural lot containing the aforesaid single-family structure shall not be further subdivided.