[Ord. No. 1049, 11/18/2019]
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.
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.
[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.
The Zoning Map is on file at the Ferguson Township Municipal
Building.
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[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
[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:
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.
