[Ord. No. 762, 5/7/2020]
All uses and activities established after the effective date
of this chapter shall comply with the following standards.
[Ord. No. 762, 5/7/2020]
[Ord. No. 762, 5/7/2020]
No smoke shall be emitted from any chimney or other source of
visible gray opacity.
[Ord. No. 762, 5/7/2020]
1.
The emission of dust, dirt, fly ash, fumes, vapors or gases which
can cause any damage to human health, to animals, or vegetation, or
to other forms of 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.
2.
No emission of liquid or solid particles from any chimney or otherwise
shall exceed 0.3 grain per cubic foot of the covering gas at any point
beyond the lot line of the use creating the emission. For measurement
of the amount of particles in gases resulting from combustion, standard
correction shall be applied to a stack temperature of 500° F.
and 50% excess air in stack at full load.
3.
No use shall emit odorous gases or other odorous matter in such quantities
as to be detectable at any point on or beyond its lot lines. The guide
for determining such quantities of offensive odors shall be the 50%
response level of Table I, Odor Thresholds in Air, Research on Chemical
Odors: Part I, Odor Thresholds for Commercial Chemicals, October 1968,
or most recent edition, Manufacturing Chemists Association, Inc.,
Washington, D.C.
[Ord. No. 762, 5/7/2020]
No use shall produce heat perceptible beyond its lot lines.
[Ord. No. 762, 5/7/2020]
No use shall cause earth vibrations or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of that vibration produced as a result of construction activity.
[Ord. No. 762, 5/7/2020]
1.
A completely planted visual barrier or landscape screen of sufficient density and height to constitute an effective screen shall be provided and maintained, in accordance with the requirements set forth in § 22-523, Landscape improvements, of Chapter 22, Subdivision and Land Development, in the following locations:
2.
The buffer shall be planted along the property lines and may be located
within the required side or rear yard setbacks. Additional plantings
may not be required where existing planting, topography, or man-made
structures are deemed acceptable for screening purposes by the Board
of Supervisors.
3.
The bufferyard shall be measured from the district boundary line
or from the near street line where a street serves as the district
boundary line.
4.
The bufferyard may be coterminous with required front, side or rear
yards, and, in case of conflict, the larger yard requirements shall
apply.
5.
No structure, manufacturing or processing activity, or storage of
materials shall be permitted in the bufferyard.
[Ord. No. 762, 5/7/2020]
1.
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground, except tanks or drums of fuel directly
connecting with energy devices, heating devices or appliances, located
and operated on the same lot as the tanks or drums of fuel.
2.
All outdoor storage facilities for fuel, raw materials and products
and all fuel, raw materials and products stored outdoors shall be
enclosed by an approved safety fence.
3.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
4.
All 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 which are adequate to eliminate such hazards.
[Ord. No. 762, 5/7/2020]
The regulations for each district pertaining to maximum overall
density, minimum lot area, minimum lot area per dwelling unit, minimum
lot width, minimum front yard, minimum side yard, minimum rear yard,
maximum height and maximum impervious surface are set forth for each
district in Parts 4 through 16. No principal building or use shall
be erected or established except as permitted in the appropriate part
of this chapter for the district involved.
[Ord. No. 762, 5/7/2020]
1.
Where a minimum lot area is specified, no principal building or use
shall be erected or established on any lot of lesser area, except
as may be permitted by the terms of this chapter.
2.
The lot area and yards required for any new building or use shall
not include any part of a lot that is required by any other building
or use to comply with the requirements of this chapter. No required
lot area and yard shall include any property, the ownership of which
has been transferred subsequent to the effective date of this chapter,
if such property was part of the area required for compliance with
the dimensional requirements applicable to the lot from which such
transfer was made.
[Ord. No. 762, 5/7/2020]
Where a minimum lot width is specified, no principal building
shall be erected on any part of a lot which has a width less than
is specified, except as may be permitted by the terms of this chapter.
[Ord. No. 762, 5/7/2020]
1.
The provisions of this chapter shall not prevent the construction of a single-family dwelling, provided the yard requirements are observed, on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that such lot is not less than 7,000 square feet, and provided that it is permitted by special exception by the Zoning Hearing Board in accordance with Part 26 of this chapter.
2.
This exception shall not apply to any two or more contiguous lots
in a single ownership as of or subsequent to the effective date of
this chapter in any case where a reparceling or replatting could create
one or more lots which would conform to the above provisions.
[Ord. No. 762, 5/7/2020]
1.
The following clear sight triangles shall be provided and maintained
at all intersections, as measured in all directions from center line
intersections. No existing or proposed structures or plantings between
two feet and seven feet above the road center line shall be permitted
in the clear sight triangle area.
2.
At each point where a private accessway intersects a public street
or road, a clear sight triangle of 10 feet, measured from the point
of intersection of the street line and the edge of the accessway,
shall be maintained, within which vegetation and other visual obstructions
shall be limited to a height of not more than two feet above street
grade.
[Ord. No. 762, 5/7/2020]
Where two or more main buildings for other than residential
uses are proposed to be built upon property in one ownership, front,
side and rear yards are required only at lot lines abutting other
property.
[Ord. No. 762, 5/7/2020]
1.
An open space of at least the specified depth shall be provided between
the street line or lines and the nearest point of any building or
structure.
2.
Where other requirements of this chapter or Chapter 22, Subdivision and Land Development, require a larger front yard setback, the larger dimension shall apply.
3.
Projections into front yards. Ground-story bays and porches not over
half the length of the front wall may project into any front yard
3 1/2 feet. Chimneys, flues, columns, sills, and ornamental features
may project not more than one foot and cornices and gutters not more
than two feet over a required front yard.
4.
Fences and terraces in front yards. Front yard requirements shall
not apply to fences, hedges, or walls less than three feet high above
the natural grade in the required front yard nor to terraces, steps,
uncovered porches, or other similar features not over three feet high
above the level of the floor of the ground story. However, a fence
greater than four feet may be installed within a nonresidential zoning
district or on a property that has a nonresidential use, provided
the fence is installed a minimum 15 feet from the ultimate right-of-way.
5.
Driveways in front yards shall be no closer than five feet from the
property line. Shared driveways may not be for greater than two dwelling
units and the other most edges must be no closer than five feet from
both dwelling units' property lines.
7.
Front yard reduction. When there is an existing building on each
of two lots adjacent on either side to a lot on which a proposed building
is to be erected, where both such existing buildings have an alignment
nearer to the street than the required front depth elsewhere specified
in this chapter, and when both such existing buildings are within
100 feet of the proposed building, the average of the existing front
yard depths of such adjacent lots shall be the minimum required front
yard depth of the lot on which the proposed building is to be erected.
[Ord. No. 762, 5/7/2020]
1.
Where a minimum width of side yard is specified, no building or structure shall be erected within the specified distance from either side lot line, except as permitted by this chapter and subject to applicable provisions of Chapter 22, Subdivision and Land Development, of the Township Code.
A.
Projections into side yards. Bays, balconies, chimneys, flues, and
fire escapes may project into a required side yard not more than 1/3
of its width and not more than four feet in any case. Ground-story
bays and porches not over half the length of the sidewall may project
into any side yard 3 1/2 feet.
B.
Fences, decks, and terraces in side yards. Side yard requirements
shall not apply to fences, hedges, or walls less than six feet high
above the natural grade nor to terraces, steps, uncovered porches,
or other similar features not over three feet high above the floor
of the ground story.
[Ord. No. 762, 5/7/2020]
1.
No building or structure shall be built within the minimum depth from the rear lot line specified, except as provided by this chapter and subject to applicable provisions of Chapter 22, Subdivision and Land Development, of the Township Code.
A.
Rear yard requirements for triangular lots. In the case of a triangular
lot with no rear lot line, the distance between any point on the building
and corner of the lot farthest from the front lot line shall be at
least twice the minimum depth specified in the applicable district
regulations.
B.
Fences, decks, and terraces in rear yards. Rear yard requirements
shall not apply to fences, hedges, or walls less than six feet high
above the natural grade nor to terraces, steps, uncovered porches,
or other similar features not over three feet high above the floor
of the ground story.
[Ord. No. 762, 5/7/2020]
1.
Unless otherwise provided in Chapter 22, Subdivision and Land Development, no building shall exceed the maximum height of 35 feet unless otherwise stated for a specific use or district.
2.
Height exceptions of maximum regulations. Height limits specified
in this section may be exceeded by one foot for each foot by which
the width of the front, rear and side yards is increased beyond the
minimum yard requirements, up to a maximum of 80 feet. This exception
is applicable only in nonresidential zoning districts.
[Ord. No. 762, 5/7/2020]
1.
No fence shall be erected in Warminster Township without the issuance
of a permit from the Warminster Department of Licenses and Inspections
and the payment of any applicable fee as set forth in the Township's
fee schedule.
2.
Prior to the issuance of a permit, a plan depicting the proposed
fence, as well as the height, location on the property and materials
of the proposed fence, shall be submitted with the applicable permit
application to the Warminster Department of Licenses and Inspections.
3.
No fence shall be erected in a front yard unless such fence is located
a minimum of 15 feet from the outside of the legal right-of-way.
A.
No fence exceeding a height of four feet shall be erected in the
front yard. However, a fence greater than four feet may be installed
in a nonresidential zoning district or on a property with a nonresidential
use, provided the fence is installed a minimum 15 feet from the Ultimate
Right-of-Way.
B.
No fence shall be erected in the front yard that is less than 50%
open.
4.
No fence exceeding a height of six feet shall be erected, unless
otherwise permitted under this chapter.
5.
Fences must be erected so that the finished side of the fence is
away from the property and any structures.
6.
Property owners shall maintain the area between the fence and their
property line.
[Ord. No. 762, 5/7/2020]
1.
Setbacks from resource-protected lands. On lots which include lands
with resource restrictions, including floodplains, forest, streams,
lakes and ponds, steep slopes and wetlands, the minimum building setback
shall be the limit of the resource-protected lands rather than from
the lot lines when the boundary of the resource-protected lands exceed
the minimum building setback measured from the lot lines.
2.
Setbacks from York Road and Street Road. This subsection shall apply
to all uses with lot frontage on Street Road and York Road and shall
apply whenever an application for land development, subdivision, zoning
permit or a building permit is made.
A.
Setback from the street line for all buildings and structures, with
the exception of bus shelters and benches associated with an established
bus stop, shall be a minimum of 10,050 feet.
[Ord. No. 762, 5/7/2020]
1.
General standards. Outdoor lighting for all residential and nonresidential
uses shall be designed to minimize undesirable off-premises effects.
A.
No use shall produce glare off the premises by illumination originating
on the premises. "Glare" is defined as the sensation produced by light
within the visual field that is sufficiently greater than the light
to which the eyes are adapted and which causes annoyance, discomfort,
or loss in visual performance or visibility for any period of time,
no matter how short in duration.
B.
No bare or direct light source shall be visible beyond the lot lines.
All lights shall have a full cutoff fixture, which is defined as a
light fixture with a light distribution pattern that results in no
light being projected at or above a horizontal plane located at the
bottom of the fixture. This applies to all pole-mounted lights, building-mounted
lights, sign lights, walkway lights, and any other type of illumination.
No light shall shine directly into windows or onto streets and driveways
off the premises. These standards shall not apply to holiday lights
that are temporarily displayed during holiday seasons.
2.
Types of pole-mounted lights permitted. Lighting shall be provided outside the historic districts by fixtures with a height above finished grade not more than the height specified in Chapter 22, Subdivision and Land Development. Height shall be measured from the ground to the uppermost point of the light fixture. Light fixtures shall be fully shielded fixtures where the light source is not visible from the property line.
3.
Lighting plan required. Any outdoor lighting, such as pole-mounted,
building, sign, canopy, or sidewalk illumination, and driveway lights,
shall be shown on the lighting plan in sufficient detail to allow
determination of the effects to adjacent properties, traffic safety
and overhead sky glow.
4.
Light at the property line. Illumination from light originating on the site shall comply with § 22-524 of Chapter 22, Subdivision and Land Development. All lighting applications not subject to the formal subdivision and land development process shall be reviewed by the Zoning Officer for compliance with § 22-524.
[Ord. No. 762, 5/7/2020]
1.
Notwithstanding any provision of this chapter to the contrary, a
bus shelter shall be a permitted use in any zoning district subject
to the following criteria:
A.
The use shall be permitted within front yard setbacks and buffer
areas only on established bus routes. Bus shelters may be located
within the public right-of-way when authorization is granted by the
controlling agency.
B.
Bus shelters shall be adequately illuminated to provide visibility
during darkness as required by the Township Zoning Officer.
C.
Except on arterial streets, no advertising, signs, placards or other
printed matter shall be permitted to be displayed on the exterior
or interior of a bus shelter, except information pertaining to the
applicable bus route. Bus shelters proposed to have advertising shall
comply with the following:
(1)
Advertising may be placed on bus shelters located on arterial
streets, provided that the shelter has been designed to accommodate
such signs, and further provided that said signs do not extend beyond
the end wall of the shelter.
(2)
Advertising shall not exceed 48 inches by 72 inches, per side,
on one wall of a bus shelter.
(3)
Bus shelters with advertising shall be no closer than 1,500
feet from another bus shelter with advertising.
(4)
Bus shelters with advertising shall only be located at designated
bus stops.
(5)
Prior to approval of bus shelter advertising, an agreement shall
be executed between the Township and the bus shelter company regarding
the placement and content of such signs.
(6)
Bus shelters with advertising shall be located along an existing
sidewalk or shall include the construction of a five-foot wide sidewalk
connecting to an existing sidewalk. A connecting sidewalk shall not
be required if there is no existing sidewalk within 500 feet of the
bus shelter.
(7)
All bus shelters shall be equipped with a trash receptacle.
(8)
All bus shelters shall be maintained in good condition. If a
bus shelter is determined to be in poor condition, the bus shelter
shall be immediately removed at the sole cost and expense of the owner
of the bus shelter, in accordance with the provisions of this section.
Warminster Township shall notify the owner of the property on which
the bus shelter is located and provide the owner 60 days' written
notice by certified mail, sent to the owner's last known address,
to remove the bus shelter. If the bus shelter is not removed within
60 days from the date of the notice, the Township may remove the bus
shelter, and the cost thereof shall be paid by the owner of the property
on which the bus shelter is erected. Warminster Township may file
a lien against the property or take any action authorized by law to
collect the cost of removal if it is not paid by the owner of the
property.
[Ord. No. 762, 5/7/2020]
Maximum impervious area may exceed the impervious surface ratio as specified in Parts 4 through 16 of this chapter, up to 10%, if the design follows the pervious hardscaping system, as detailed in Chapter 26, Appendix C.
