A.
Measurement of lot area, width and frontage.
(1)
Lot area shall include all land within the boundaries of any
recorded lot except land that lies within an established road right-of-way.
(2)
Lot width shall be measured across the lot along the front building
setback line between side lot lines. The setback line shall be located
on the property a specific distance from the right-of-way line to
which the property has access.
(3)
Lot frontage shall be measured along the road right-of-way which
abuts the property and on which the property has its principal access.
If the road right-of-way is 33 feet wide, the lot frontage will be
measured along a parallel line 16 1/2 feet from the center line
of the cartway.
B.
Lot area relative to on-lot septic disposal. When a lot meets all
the area, width and frontage requirements but the Sewage Enforcement
Officer determines that the lot area is insufficient to absorb wastewater
effluent, he/she may require that either the lot area be increased
to accommodate an in-ground disposal system or an alternate means
of sewage disposal be installed.
C.
On corner lots. The front building setback line shall apply along
both roads regardless of which road a proposed structure is oriented.
D.
Rear lots. A second lot may be created at the rear of a lot fronting
on a public road, provided:
(1)
Both lots will meet the minimum area and width requirements;
(2)
The rear lot is connected to the public road by a right-of-way
at least 16 feet in width;
(3)
The area of the right-of-way is not included in the area of
either lot for determining minimum lot area or width;
(4)
The right-of-way will not be extended to serve additional lots
or properties; and
(5)
Principal buildings on the two lots shall be set back at least
25 feet from the lot line common to both lots.
E.
Exceptions to the one principal building or use per lot or property
rule.
(1)
In most cases, a lot shall contain only one principal permitted or approved conditional use and only one principal building plus accessory buildings. However, an agricultural operation property may contain a dwelling as well as all necessary buildings for the agricultural operation. A residential apartment, commercial or industrial development may occupy several buildings on the same property. Not more than two dwellings may occupy a lot as per the provisions of § 350-701E(2) herein, provided they are located so that each dwelling at some point in time is connected to its own sewage disposal and water supply systems, so that if the lot is later subdivided, each dwelling will occupy a lot conforming as to area, width, frontage, coverage and setbacks for the zoning district in which the lot is located.
(2)
Where the circumstances of a health-related nature require the housing of members of the immediate family of the property owner on a second temporary dwelling on a residentially zoned, a special exception may be granted by the Township's Zoning Hearing Board following application and review. The provisions of § 350-819 shall be applied by the Zoning Hearing Board in this case, and the duration of the temporary use shall be determined in addition to the grant or denial of special exception status.
A.
Surface structures. Parking areas, access drives, uncovered patios
at ground level and walkways must adhere to the setbacks established
for accessory structures in the district in which such surface structure
is proposed.
B.
Building projections. Exterior stairways, chimneys, bay windows,
roof eaves and unenclosed porches may project into a required yard
by a maximum of three feet or 36 inches. Enclosed porches, whether
attached to the principal structure or freestanding, must adhere to
the setbacks established for principal uses. A flagpole or other free-standing
structure not attached to or supported by a building shall not be
erected closer to the nearest property line than the pole or structure
is long.
A.
Maximum permitted height. No building containing a principal permitted
use, nor any structure shall exceed 35 feet in height, except that
chimneys, church steeples, flagpoles, water tanks, silos, agricultural
equipment, roof-mounted mechanical equipment, communications towers
and industrial operations requiring a greater height to function shall
be exempt from height restrictions.
B.
Measurement of height. Height shall be measured as the vertical distance
between finished grade level and the highest point of a wall or roof
surface (whichever is higher) using the higher of the front or rear
walls of the building, and the finished grade level or the midpoint
of the finished grade level along the wall if the surface is uneven
and ridge lines. On a sloped-roof building, the height shall be measured
at a point halfway between the eave and ridge lines. If several roof
levels are involved, the highest point of the roof shall determine
the building's height for compliance with this section.
A.
Sequence. Any accessory building or use may be constructed or placed
in operation prior to or concurrent with the construction or occupancy
of the principal use it serves.
B.
Maximum height. No accessory building shall exceed 35 feet in height.
C.
Exceptions.
(1)
Buildings required in the active operation of agricultural uses
are exempt from the requirements of this section;
(2)
A dwelling may be located in one accessory building on a property,
provided such building is constructed and located in compliance with
all area and dimensional standards established for the district wherein
the accessory building is proposed.
A.
A manufactured, mobile or modular home shall be considered a single-family
detached dwelling, subject to all the privileges and restrictions
imposed on such a dwelling by this chapter. An individual manufactured,
mobile or modular home implies that it is not in a manufactured, mobile
or modular home park but is on its own lot as the principal permitted
use.
B.
Foundations, skirting, tie-downs. The home shall be placed on its
permanent foundation within 60 days of arrival on its lot. The foundation
shall be either at least two masonry piers or a masonry peripheral
wall matching the dimensions of the home to be supported, in either
case set on concrete footers the bottom of which shall be at least
three feet below finished grade. The home shall be securely tied to
its foundation by over-the-top or built-in steel straps sufficient
to hold the home to its foundation against wind blowing horizontally
up to 100 miles an hour from any direction. The space between the
home's floor and ground below shall be well ventilated and enclosed
by a continuous masonry wall or vinyl skirting maintained in good
condition.
C.
Occupancy/use permit required. Placement of a home upon a lot shall
require a building or zoning permit. Before a home can be occupied,
the Zoning Officer shall inspect the premises and shall determine
that the sewage disposal and water supply systems have been installed
and are in working order before issuing an occupancy/use permit.
D.
Removal of a home. Before a home is removed from its lot, the owner
shall present to the Zoning Officer receipts showing that all Township,
county and school district taxes, past and present, have been paid
in full. When a home has been removed, and a second home will not
immediately replace it on the same foundation, the lot owner shall
backfill the site to the original grade within 60 days after removal
of the home.
E.
Compliance with codes. Any home brought into the Township after the
date of adoption of this chapter shall display evidence that it complies
with the National Manufactured Housing Construction and Safety Standards
Act and amendments thereto.
F.
Home as a second dwelling on a lot. A home may be placed as the second dwelling on a lot to provide temporary housing for family members of the occupants of the main dwelling. The home may be placed on the site as per the provisions of § 350-701, provided such occupants of the main dwelling on the site can demonstrate to the Zoning Officer that a hardship or emergency exists of a temporary nature requiring the second dwelling be placed on the lot, that the persons who will be placed in the second dwelling cannot be accommodated in the main dwelling, and that the second dwelling will be removed as soon as the hardship or emergency ceases. The second dwelling may be connected to the main dwelling's on-lot sanitary sewage disposal system, if approved by the Sewage Enforcement Officer, and to its water supply.
A.
Where permitted; who may operate. A home-based business may be conducted
as a permitted use within a single-family detached dwelling in any
zoning district by the owner-occupant or by a renter-occupant, provided
that the renter-occupant have the property owner's notarized written
statement permitting the renter-occupant permission to conduct a home-based
business. A home-based business will require a permit to operate issued
by the Zoning Officer.
B.
Floor area limitations. Not more than 25% of the gross floor area
may be utilized for the home occupation, as well as not more than
200 square feet of floor area within an accessory building on the
same property as the dwelling from which the home occupation is conducted.
C.
Additions and modifications. No additions to the dwelling or modifications
to the exterior appearance of the dwelling to accommodate the home
occupation shall be permitted.
D.
Nonresident employment. Not more than two persons not residing in
the dwelling may be employed in the home occupation.
E.
Off-street parking. One off-street parking space on the lot shall
be required for each 300 square feet of floor area or fraction thereof
devoted to the home occupation, in addition to one space for each
nonresident employee and two spaces for the dwelling. Such parking
shall be upon a surface of well-choked crushed limestone, and shall
abut the driveway serving the lot.
F.
Sale of dwelling with an approved home occupation. When a dwelling
with a home occupation is sold, the buyer shall, if he chooses to
continue or change the home occupation, apply to the Zoning Officer
for reapproval.
G.
Signage. One building-mounted sign not more than four square feet
in area may be attached to the face of the building with the primary
entrance to the area accommodating the home occupation.
A.
General regulations.
(1)
Off-street parking, loading and unloading facilities shall be
provided to lessen congestion in public streets. The facilities required
herein shall be available throughout the hours of operation of the
particular business or use for which such facilities are provided.
As used herein, the term "parking space" includes either covered garage
space or uncovered parking lot space located off the public right-of-way.
(2)
Each parking space shall consist of not less than 180 square
feet of usable area for each motor vehicle, excluding interior driveways,
driveways connecting the garage, or parking space, with a street or
alley. Notwithstanding the above, all parking spaces shall be ample
in size for the vehicles for which use is intended. The net parking
space per vehicle shall be not less than nine feet wide and 20 feet
long. Outdoor parking spaces, and the approaches thereto, shall be
paved, or covered with a dustless compacted surface. Such outdoor
parking space shall be deemed to be part of the open space of the
lot on which it is located.
(3)
A garage or carport may be located wholly or partly inside the
walls of the principal building, or attached to the outer walls. If
separated from the principal building, the garage shall conform to
all accessory building requirements. The garage may be constructed
under a yard. The space above an underground garage shall be deemed
to be part of the open space of the lot on which it is located.
(4)
Parking spaces may be located on a lot other than that containing
the principal use with the approval of the Zoning Hearing Board, provided
a written agreement, approved by the municipal solicitor and accepted
by the municipal governing body, shall be filed with the application
for a zoning/building permit.
(5)
Surfacing. Any off-street parking area shall be graded for proper
drainage and shall be provided with a durable and dustless surface,
and shall be so arranged as to provide for orderly and safe parking
and storage of all vehicles.
(6)
Lighting. Any lighting used to illuminate any off-street parking
area shall be so arranged as to reflect the light away from adjoining
premises in any R District. Lighting for use by residential property
owners shall be aimed downward to illuminate individual driveways
or parking spaces.
(7)
There shall be adequate provision for ingress and egress to
all parking and loading spaces. Where a parking or loading area does
not abut on a public right-of-way or easement of access, there shall
be provided an access drive not less than 12 feet in width in the
case of a dwelling, and not less than 20 feet in width in all other
cases, leading to the parking or storage areas or loading or unloading
spaces required hereunder.
(8)
All buildings and structures erected and all uses of land established
after the adoption of this section shall be provided with off-street
parking spaces as set forth in this section.
(9)
The provisions of this section, except where there is a change
of use, shall not apply to any existing building or structure.
(10)
Whenever a building or structure constructed before the effective
date of this section is changed or enlarged in floor area, number
of employees, number of housing units, seating capacity or otherwise
to create a need for an increase in the number of parking spaces,
additional parking spaces shall be provided on the basis of the enlargement
or change. If a building or structure existing prior to the effective
date of this section is enlarged to the extent of 50% or more in floor
area or number of housing units it shall then and thereafter comply
with the full parking requirements set forth herein.
(11)
Off-street parking facilities in existence on the effective
date of this section and located on the same lot as the building or
use served shall not hereafter be reduced below the requirements for
a similar new building or use under the provisions of this section.
B.
Parking facilities required. Any structure or building hereafter
erected, converted, or enlarged for any of the following uses, or
any outdoor storage area hereafter used for commercial purposes, shall
be provided with not less than the minimum number of parking spaces,
as set forth below, which spaces shall be readily accessible to the
uses served thereby. Fractional numbers of parking spaces shall be
increased to the next whole number.
(1)
Residential parking.
(a)
All dwelling units in single, multiple or group configurations,
shall be provided with a minimum of two off-street parking spaces,
including those units in planned residential developments. Parking
on public streets in PRDs is prohibited.
(b)
For the purpose of this chapter, in residential districts, an
attached or unattached garage on the premises may be considered as
parking space.
(2)
Commercial parking. The following regulations shall be applied
to retail, office and highway services hereafter erected:
(a)
Automobile, and gasoline service stations: at least one parking
space for each 200 square feet of floor or ground area, or fraction
thereof, devoted to repair, service facilities or convenience retail
areas. This shall be in addition to the space allocated for the normal
storage of motor vehicles. In no event shall parking be permitted
in the public rights-of-way. In the case of service stations a minimum
of six spaces other than those designed for pump island access are
required.
(b)
Bowling alley: five vehicle spaces for each alley.
(c)
Church and social hall: at least one parking space for every
four persons who can be seated at one time.
(d)
Commercial kennels, stables or riding academy: at least one
parking space for each two animals accommodated or housed at peak
use.
(e)
Commercial, public or private recreation: at least one parking
space for each two persons who can be accommodated at maximum utilization.
(f)
General offices: one space per 300 square feet of gross floor
area.
(g)
General retail: one space per each 350 square feet of gross
floor area.
(h)
Medical, dental or chiropractic clinics: at least one parking
space for each 250 square feet of gross floor area.
(i)
Mini self-storage facilities: one space per 1,000 square feet
of gross floor area covered by storage units.
(j)
Motels or hotels: at least one parking space for each room plus
one space for each two staff persons on the largest shift, plus visitor
parking at one space per 500 square feet of gross floor area.
(k)
Personal services: one vehicle space for each 150 square feet
of gross floor area plus one space for each two employees on largest
shift.
(l)
Restaurants (deli or drive-through): one space per each 75 square
feet of gross floor area plus one space for each two persons employed
on the largest shift. Under no conditions will parking on the public
right-of-way be permitted.
(m)
Retail stores and other places for trade or business not specifically
listed: one vehicle space for each 300 square feet of gross floor
area.
(n)
Schools, public or private: at least one parking space for each
classroom plus one space for each six seats provided for public or
private assembly.
(o)
Specialty retail buildings: at least one parking space for each
400 square feet of gross floor area, or fraction thereof, except when
otherwise authorized as a variance consistent with the ratios set
forth herein for comparable buildings.
(3)
Light industrial or manufacturing parking. Off-street parking
shall be provided on the premises in accordance with the following
schedule:
(a)
Auxiliary office use. Space shall be provided in addition to
the above parking requirements at a ratio of one space per each 350
square feet of gross floor area denoted to said use.
(b)
Light fabricating and assembly (machine shop): one vehicle parking
space for each two employees on the combined major and next largest
shift.
(c)
Sawmill or lumberyard: one space for each employee on the largest
shift plus six spaces for customer parking.
(d)
Truck terminals and wholesale warehouses: one parking space
for each two employees on the combined major and next largest shift.
(e)
For all other nonresidential uses, on-site parking shall be
provided as needed for the operation of the use.
(4)
Loading and unloading space.
(a)
In addition to the off-street parking space required above,
any building erected, converted or enlarged in any district for commercial,
office building, manufacturing, wholesale, hospital or similar uses
shall provide adequate off-street area for loading and unloading of
vehicles. The minimum size loading space shall be 65 feet in depth,
12 feet in width, with an overhead clearance of 14 feet.
(b)
In no case where a building is erected, converted or enlarged
for commercial, manufacturing, or business purposes shall the public
rights-of-way be used for loading and unloading of materials.
Where in this chapter buffer yards are required to provide a
screen along the perimeter of property boundary lines or at other
specified locations, the design standards shall be as follows:
A.
Buffer yard width shall be a minimum of 15 feet;
B.
A mix of deciduous and evergreen trees at a ratio of 50%/50% a minimum
of two inches in caliper shall be planted on ten-foot centers in two
staggered rows;
C.
The remaining area shall be planted with low ground cover foliage
or perennial grass;
D.
Existing vegetation may count toward required planting;
E.
Fencing may be provided to supplement the buffer area.
A.
General performance standards. All uses in all districts shall be
subject to the following standards of operations.
B.
Environmental performance standards. The developer shall determine
the presence of environmental or natural features on any site proposed
for land development and shall meet the following standards for environmental
protection. Site alterations, regrading, filling or clearing of vegetation
prior to approval of the plans for development shall be a violation
of this article.
(1)
Floodplain delineation. One-hundred-year floodplains shall be
delineated by accepted analytical procedures approved by the Township
Engineer.
(2)
Floodplain development. Development activities shall be regulated as per the provisions of current floodplain regulations, as amended from time to time, and applicable commonwealth regulations, specifically Chapter 105, Title 25, of the Pennsylvania Code.
(3)
Steep slopes. In areas of steep slopes, i.e., those above 15%,
the following standards shall apply:
(4)
Forest. No more than 50% of any forest as defined may be cleared
or developed.
(5)
Ponds, watercourses or wetlands. No development, filling, piping
or diverting shall be permitted except for required roads and utility
line extensions, unless permitted by the appropriate state, county
or regulatory agency.
(6)
Stormwater drainage and management. All plans shall comply with
the provisions of state and local regulations in effect at the time
of final approval.
(7)
Soil erosion and sedimentation. With any earth disturbance there
shall be control of erosion and the protection of streams and ponds
from sedimentation in accordance with the Clean Streams Law, P.L.
1987, Chapter 102 of Title 25 of the Pennsylvania Code, and the "Soil
Erosion and Sedimentation Control Manual" of the Pennsylvania Department
of Environmental Protection. In addition, a Soil Erosion and Sediment
Control Plan (ES and SC Plan) shall be required as part of the application
for any Township permit where earth disturbance or excavation will
occur. As a minimum, where sediment can be transported away from the
disturbed area, a silt fence or straw bale barrier shall be erected
and maintained in working order until vegetation is fully established
or erosion-resistant ground cover has been installed. Additional sediment
pollution control measures may be required where land development
is more extensive than single-family construction.
C.
Odor. Those standards for the control of odorous emissions established
by Butler County or the Pennsylvania Department of Environmental Protection
shall be applied in all zoning districts. Where an odor is deemed
offensive, a duly authorized Township representative shall refer the
matter to the proper agency.
D.
Storage and waste disposal. No highly flammable, explosive or toxic
liquids, solids or gases shall be stored in bulk (over 500 gallons),
above ground, except tanks or drums of fuel connected directly with
energy devices or heating appliances located and operated on the same
lot as the tanks or drums of fuel.
(1)
All permanent bulk outdoor storage facilities for fuel over
500 gallons, raw materials and products and all fuel, raw materials
and products stored outdoors, shall be enclosed by an approved safety
fence.
(2)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transported off the lot by natural
causes or forces; nor shall any substance which can contaminate wells,
watercourses, or potable water supplies otherwise render such wells,
watercourses, or potable water supplies undesirable as sources of
water supply or recreation; nor shall any substance which will destroy
aquatic life be allowed to enter any wells, watercourses, or potable
water supplies. A Pennsylvania Department of Environmental Protection
approved plan for spill containment shall be submitted to the Township
for review by the Township Engineer prior to the issuance of any required
permit.
(3)
Any materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers adequate to eliminate such hazards.
E.
Air pollution. No emission at any point from any chimney or otherwise
of visible smoke in excess of that permitted by the Air Pollution
Control Regulations of Butler County or the Pennsylvania Department
of Environmental Protection shall be permitted.
F.
Dust, fumes, vapors, and gases. The emission of dust, dirt, fly ash,
fumes, vapors or gases which can cause any damage to human health,
to animals, to vegetation, or to property or which can cause any soiling
or staining of persons or property at any point beyond the lot line
of the use creating the emission is herewith prohibited.
G.
Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light beyond its lot lines or onto any public
road.
H.
Vibrations. No use shall cause earth vibrations or concussions detectable
beyond its lot lines without the aid of instruments with the exception
of vibration produced as a result of temporary construction activity.
I.
Discharge. No discharge at any point into any private sewage disposal
system or stream or into the ground, of any materials in such a way
or in such nature or temperature as can contaminate any water supply
or otherwise cause the emission of dangerous or objectionable elements
or the accumulation of solid wastes conducive to the breeding of rodents
or insects is permitted.
J.
Heat, cold, dampness or movement of air. No activities producing
heat, cold, dampness or movement of air are permitted which shall
produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
K.
Noise. No industry which by the nature of its use, operation or activity
produces noise of objectionable character or volume will be permitted.
L.
Electrical disturbance or radioactivity. No activities which emit
dangerous radioactivity at any point are permitted and no electrical
disturbance adversely affecting the operation at any point of any
equipment other than that of the creator of such disturbance shall
be permitted.
M.
Maintenance of property. The owner or lessee of the property, except
land being actively farmed, whether occupied or vacant located within
or adjacent to any developed area, shall maintain such premises so
that all portions of the property shall be kept free of junk, debris,
disabled motor vehicles, and dangerous, objectionable or noxious matter.
N.
Vehicle and equipment maintenance.
(1)
In the L-1 Light Industrial and H-C Highway Commercial zoning
districts, all movable equipment repair done on the property shall
be performed within an enclosed building, except that minor maintenance
activities may be completed on the exterior of a lot where space has
been provided for the temporary parking or storage of vehicles and
movable equipment.
(2)
In residentially zoned areas, minor vehicle maintenance activities
may be conducted in driveways, but in no case shall repairs be made
on vehicles and movable equipment which would result in the permanent
storage of said vehicles or movable equipment on the exterior of the
lot.
The following criteria shall be applied to all applications
for the installation of either aboveground or in-ground swimming pools,
as defined:
A.
A pool shall be placed only in the rear or side yard of a lot.
B.
The pool shall be set back from the property line the same distance
as for the primary structure.
C.
Fences, barriers and gates for swimming pools shall comply with the
applicable requirements of the Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
All equipment required in the operation of the pool shall be accessible
for maintenance.
E.
Public swimming pools shall be designed and constructed based on
standards adopted by the Pennsylvania Department of Health.
