No building or land shall, after the effective
date of this chapter, except for existing nonconforming uses, be used
or occupied and no building or part thereof shall be erected, moved
or altered unless in conformity with the regulations herein specified
for the district and licenses required by all laws and ordinances.
No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have a narrower or smaller rear yard, side yard or front yard than is herein specified for the district in which the building is located except as authorized by the Zoning Hearing Board pursuant to Article IX.
No part of a yard or other open space about
any building required for the purpose of complying with the provisions
of this chapter shall be included as part of a yard or open space
similarly required for another building.
A.
No structure shall be used or occupied as a dwelling
if such structure is in need of such major structural repairs as to
render it unsafe or unsanitary or if the premises does not have connection
with the municipal sewer system or alternative sanitary sewage facilities
approved by the local public health authorities having jurisdiction.
B.
No structure shall be occupied as a dwelling unless
said structure is permanently attached to the ground by a permanent
foundation or crawl space or permanently attached to an on-grade slab
except for mobile homes located in a mobile home park.
C.
No structure shall be used or occupied that is not
in conformity with the Richland Township Property Maintenance Code,[1] as amended, the Richland Township Building Code,[2] as amended, or the Richland Township Fire Prevention Code,[3] as amended, or such other building codes as are now or
may hereafter be in effect.
A.
Zoning approval issued for any purpose specified in § 240-93 in an R-4, U, C, L-1, M or A District shall require site plan approval by the Richland Township Planning Commission except for any of the following:
(1)
A change from a more restrictive permitted use to
a less restrictive permitted use. For purposes of this section, a
less restrictive permitted use is sought when the proposed use of
the site plan would require less restrictive area and height limitations,
parking requirements, storm sewer drainage requirement, and/or floodplain
requirements than those limitations and requirements applying to the
site use existing at the time of the zoning approval.
(2)
Signs.
(3)
Plans for one single-family or one two-family residence.
(4)
The Zoning Officer shall have discretion to waive the requirement of site plan approval for an addition to an existing structure or the construction of an accessory building where the addition or the accessory building does not exceed 250 square feet. In exercising said discretion, the Zoning Officer shall evaluate the effect of the addition or accessory building considering all relevant factors set forth in Subsection C(1) through (11) below.
B.
Three copies of the site plan and fee as provided for in § 240-95 shall be submitted to the Commission at least seven days prior to the regularly scheduled or special meeting at which it is to be reviewed. The seven-day requirement may be waived by the Planning Commission if a majority of the members present at the meeting agree that they have had sufficient time to review the site plan. All site plans must be approved by a majority of members present, provided that five members must be present to constitute a quorum.
C.
In addition to conforming to any specific requirements set forth in this chapter, the Planning Commission may require changes in the site plan which are deemed necessary to promote orderly development of the area. In addition to specific requirements of the district regulations, the site plan as defined in § 240-9 shall provide for and contain the following:
(1)
Location of the lot or lots with respect to adjacent
streets and property owners.
(2)
Critical dimensions of setback, yard area, paving,
driveways, parking areas, landscape areas and other prominent features.
(3)
Traffic circulation within the site.
(4)
Location of vehicular access to the site.
(5)
The height and bulk of structures.
(6)
Location and size of signs, walls and fences to be
construed on the site.
(7)
Provisions for storm drainage, including the drainage flow, catch basins size and location of any storm sewers and discharge points from the site in conformity with § 240-26.
(8)
Connections to all public utilities that are serving
the site.
(9)
Location, size and content of all underground storage
tanks.
D.
In considering any plan hereunder, the Planning Commission
shall endeavor to ensure safety and convenience of traffic movement.
In this connection, the Planning Commission shall refer to any traffic
plan or study adopted by the Township of Richland.
E.
Likewise, the Planning Commission shall seek to assure
harmonious and beneficial relationship of buildings and uses on the
site, as well as to contiguous properties, and overall development
in a manner not detrimental to the public at large.
F.
The Planning Commission shall report its findings
and recommendations in writing to the Zoning Officer within 48 hours
following the review meeting. The approval, for the purpose of obtaining
zoning approval and a building permit, shall be valid for a period
of 180 days unless extended by the Planning Commission for reasonable
cause shown.
Public utility uses for the transportation,
distribution and control of water, gas, electricity, oil, steam, telegraph
and telephone communications, cable television and their supporting
members other than buildings and railroads shall not be required to
be located on a zoning lot nor be held to reduce yard dimensions for
other buildings on a lot.
A lot held in single and separate ownership
or a lot in a recorded plan at the effective date of this chapter
or of any subsequent amendment hereto which is not of the required
minimum area or width may be used for the construction, alteration
or reconstruction of a building or may be otherwise used if the construction,
alteration, reconstruction or other use itself is in compliance with
the use, yard, setback, density and other pertinent provisions of
this chapter.
Except as hereinafter provided, the lawful use
of a building or structure or of any land or premises existing at
the time of the effective date of this chapter or any subsequent amendment,
or at the time of a change in the Zoning Map, may be continued although
such use does not conform to the provisions hereof or of any subsequent
amendment.
A.
A nonconforming use may be changed to another nonconforming
use by grant of special exception only upon determination by the Zoning
Hearing Board, after public hearing, that the proposed new use will
be no more detrimental to its neighborhood and surroundings than is
the use it is to replace.
(1)
In determining relative detriment, the Zoning Hearing
Board shall take into consideration, among other things: traffic generated;
nuisance characteristics (such as emission of noise, dust and smoke);
fire hazards; and hours and manner of operation.
B.
A nonconforming use shall not be extended or enlarged,
and a nonconforming building shall not be extended or structurally
altered unless the Zoning Hearing Board shall, as a special exception,
authorize the extension of a nonconforming use or the limited extension
of a building which houses a nonconforming use. The Zoning Hearing
Board may grant such special exception provided that:
(1)
It is clear that such extension is not materially
detrimental to the character of the surrounding area or the interest
of the municipality.
(2)
It is clear that denial of the use would work an undue
hardship upon the landowner.
(3)
Any extension of a building shall conform to the area,
height and setback regulations of the district in which it is situated.
C.
Whenever a nonconforming use of land, premises, building
or structure, or any part or portion thereof, has been discontinued
for a period of one year, the nonusage shall create a rebuttable presumption
that the nonconforming use has been abandoned and, in the absence
of proof, by a preponderance of the evidence, rebutting the presumption
of abandonment, the nonconforming use shall not thereafter be reestablished,
and all future uses shall be in conformity with the provisions of
this chapter.
The continuation, alteration or extension of
a nonconforming structure shall be in compliance with the following
requirements.
A.
A nonconforming structure being used or proposed to
be used for a conforming purpose may continue and may be altered or
enlarged unless the alteration or enlargement would increase the nonconformity
of the structure with respect to the setback requirements (by reason
of the physical encroachments of such proposed alteration or enlargement
upon the setback areas), the land coverage requirements or the density
requirement of the district in which the structure is located at the
time such alteration or enlargement is proposed to be made.
B.
A nonconforming building or structure which has been
seriously damaged or destroyed by fire or other casualty may be reconstructed
in its former location and to its former dimensions and used for the
same purpose for which it was used before its damage or destruction,
provided that such reconstruction shall be commenced within one year
from the date of damage or destruction and shall be completed within
one year after commencement of construction.
C.
A nonconforming building shall not be expanded, enlarged
or structurally altered for a nonconforming purpose unless the Zoning
Hearing Board shall, as a special exception, authorize the expansion,
enlargement or structural alterations. The Zoning Hearing Board may
grant such a special exception provided that:
(1)
It is clear that such extension is not materially
detrimental to the character of the surrounding area or the interest
of the municipality.
(2)
It is established that denial of the expansion, enlargement
or alteration, etc., would work an undue hardship upon the landowner.
(3)
Any expansion of a building shall conform to the area,
height and setback regulations of the district in which it is situated.
Upon completion of all improved work and as
a requirement for issuance of a final occupancy permit, as-built drawings
of the approved site work shall be submitted to the township for review
and acceptance. The as-built information shall contain a certification
by a registered architect, professional engineer or registered surveyor
indicating that the stormwater management facilities are in place
and functioning as per the approved design.
A site restoration bond to assure restoration
of the site to an approved condition in the event that construction
of a proposed development in accordance with the approved plan and
zoning requirements does not occur may be required at anytime in an
amount to be determined and approved by the Township Supervisors.
Adequate stormwater drainage facilities shall
be installed in order to ensure that stormwater does not flow onto
abutting property or abutting sidewalks at a detrimental rate. The
rate of stormwater runoff from a property after construction and/or
development shall not exceed the rate of runoff prior to the construction
and/or development. Runoff calculations shall be submitted on forms
provided by the township using formulas approved by the Richland Township
Board of Supervisors by resolution, along with the site plan for review
and approval.
A.
No fence, structures or obstacle shall be placed or
maintained nor shall any shrubbery be planted or maintained within
the township in a manner or at a location which creates a traffic
hazard by impairing visibility from or of a public highway.
B.
The height of such objects are restricted to three
feet above the established street grade within a triangular area formed
by the intersecting street lines and equidistant from the point of
intersection. This distance shall be 30 feet from the corner.
Mobile homes shall be permitted only in mobile
home parks.
Private yard and garage sales. Such activities
may be permitted in all districts based on the following:
