Accessory structures which are attached to a
principal structure shall be considered a part of the principal structure
and shall comply with the same yard and lot requirements applicable
to the principal structure.
A. Nonresidential. When the principal use or structure
is nonresidential, an unattached accessory structure shall comply
with the front yard setback requirements applicable to the principal
structure or use for the zoning district in which it is located and
shall not be less than 15 feet from any side yard lot line or rear
yard lot line.
B. Residential. When the principal structure is residential,
unattached accessory structures shall only be erected within the rear
yard or side yard areas of the lot subject to the following requirements:
(1) The maximum height shall not exceed 15 feet.
(2) An accessory structure shall not be located less than:
(a)
Ten feet from a side lot line or the rear lot
line for accessory structures that have floor area not in excess of
200 square feet.
(b)
Fifteen feet from a side lot line or the rear
lot line for accessory structures that have floor area which exceed
of 200 square feet.
(c)
Excluding A-1 and C-1 Zoning Districts, an accessory
residential structure shall not exceed 750 square feet of floor area.
C. Outdoor fuel-burning furnaces. See §§
95-30 and 95-70T.
On a corner lot, there shall be provided on
each side thereof, adjacent to a street, a yard setback equal in depth
to the required front yard setback of the prevailing zoning district
in which the corner lot is located.
For residential lots, permitted accessory structures
shall include noncommercial greenhouses, tool or lawn sheds, private
garages or carports, private noncommercial swimming pools, gazebos
and noncommercial satellite antenna dishes.
A noncommercial satellite dish antenna, as so
defined in this chapter, shall be deemed an accessory use permitted
by right in all zoning districts. Granting approval for the establishment
and/or construction of a satellite dish antenna shall not restrict
or imply to restrict the use or development of another zoning lot.
The height of a noncommercial satellite dish antenna, including any
supporting device, measured from ground level to its highest point
of elevation shall not exceed the maximum height restriction of the
zoning district in which it is located.
In cases when a residential structure is a nonconforming use, located in a nonresidential zone, the proposed erection of an accessory residential structure shall be deemed exempt from classification as an expansion of a nonconforming use, but shall be subject to the regulations contained under §
95-10B of this chapter.
Swimming pools shall be located in either the
rear yard or side yard of the property on which it is an accessory
use. The swimming pool and any accessory structures thereto shall
have a minimum setback of 10 feet from any rear or side yard lot line.
All swimming pools capable of containing water to a depth, at any
point, in excess of 24 inches shall be enclosed in accordance with
the following subsections:
A. In-ground pools. The pool or the entire property on
which the pool is located shall be enclosed with a permanent fence
not less than four feet in height, which includes a gate secured with
a lock. The required fencing for an in-ground pool must be installed
upon the completion of the excavation work for said pool. Shrubbery
shall not be considered as a barrier.
B. Aboveground pools.
(1) Pools with exterior supports. An aboveground pool which is manufactured, designed and erected with supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of Subsection
A or, in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery shall not be considered a barrier. Decks which are attached to the pool shall not project into any required yard setback for the pool.
(2) Inflatable pools without exterior supports. An aboveground pool which may be inflated and used without supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of Subsection
A. Shrubbery shall not be considered a barrier.
The following projections shall be permitted
into required yards and shall not be considered in the determination
of yard setback requirements or building coverage:
A. Terraces or patios: provided that such terraces or
patios are located in the rear yard or side yard are not under roof,
without walls or other form of enclosure and are not closer than five
feet to any adjacent lot line.
B. Projecting architectural features: such as bay windows,
cornices, eaves, fireplaces, chimneys, window sills, or other similar
architectural features provided that any of the aforementioned features
do not extend more than two feet into any required setback.
C. Porches and decks: provided such porches or decks
are located in the rear yard or side yard, and that such does not
exceed 4 1/2 feet in depth as extended from the structure.
D. Handicapped ramps: may be constructed without meeting
any applicable front and/or rear yard setback requirements in any
Zoning District, but shall have a minimum side yard setback of not
less than five feet.
The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, domes, chimneys, flagpoles,
water towers, skylights; or to any accessory mechanical appurtenances
usually located above the roof level.
Every building or structure hereafter erected
shall have access to or be located upon a lot adjacent to a public
or private street.
In addition to zoning approval, the following
uses are classified as a "land development," requiring approval under
the applicable provisions of the Dallas Township Subdivision and Land
Development Ordinance:
A. The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots, regardless of the number
of occupants or tenure.
(2) The division or allocation of land or space, whether
initially or cumulatively, between or among two or more existing or
prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
(4) The conversion of an existing single-family detached
dwelling or single-family semidetached dwelling into more than three
residential units. Any conversion described above that is intended
to be a condominium shall be exempt from classification as a land
development.
(5) Any use of land, with or without structures, which
encompasses 43,560 or more square feet of surface area of land, including
grading, backfilling of land, earth-moving activities, and/or removal
of vegetative cover. Agricultural uses of land and/or related agricultural
activities shall be specifically excluded.
(6) The development of a mobile home park or the expansion
of an existing mobile home park within the context of the definition
of said term as contained within this chapter.
B. A development of a parcel of land which contains not
more than three detached single-family residential structures, whether
developed initially or cumulatively, shall be classified as a minor
land development; all other uses classified as a land development
shall be deemed to be a major land development.
A. Intersection of streets. On any corner lot, no visual
obstruction, including but not limited to vegetation, between 2 1/2
feet and eight feet in height, excluding street signs, utility poles
or traffic signs, shall be erected or maintained on any corner lot
within the triangle formed by the intersecting property lines of the
corner lot and a line projected between points of each of those adjacent
property lines 20 feet from the intersections.
B. Private driveways. No visual obstruction, including
but not limited to vegetation, exceeding 2 1/2 feet in height,
shall be erected or maintained within the triangle formed between
the intersecting lines between points measured at a distance of 10
feet from the edge of pavement from each side of the driveway along
the property line and a distance of 10 feet along the center line
of the driveway from the property line.
C. Required setback. No part of a driveway for shall
be located closer than 10 feet from a side property line.
The posts and/or structural supports of a fence
shall be located within the interior yard space to be enclosed.
A. Residential. Fences and walls to be constructed within
a residential zoning district or upon a lot in any other type of zoning
district which contains a residential property shall be permitted
according to the following subsections:
(1) Front yard. The maximum height of any fence or wall
in a front yard shall not exceed four feet in height above the adjacent
ground level.
(2) Side and rear yards. The maximum height of any fence
or wall located in a side yard or rear yard shall not exceed six feet
in height.
(3) Materials. All fences shall be constructed with materials
recognized by the fencing industry and designed to provide a permanent
enclosure. No barbed wire or other potentially injurious material
shall be contained upon the fence or as part of the material to construct
the fence.
B. Nonresidential. Fences to be constructed within any
commercial and/or industrial zoning district shall not exceed eight
feet in height above the adjacent ground level. Fences to be constructed
within any industrial zoning district shall not exceed 10 feet in
height above the adjacent ground level.
C. Exemptions. The provisions of this section shall not
be applied to prevent the construction of a chain link in excess of
10 feet in height, designed as an enclosure to a public park, a public
playground or similar outdoor recreational facility.
With the exception of storage yards, the provisions
and regulations of this chapter shall not apply to any existing or
proposed building or extension thereof, used or to be used by a public
utility corporation deemed necessary for the convenience or welfare
of the public in accordance with Section 619 of the Pennsylvania Municipalities
Planning Code, Act 247, as amended.
The provision of sewage service to any proposed
use and/or development of property shall be consistent with the Township's
Act 537 Sewage Facility Plan. Any use or development of property which
proposes to utilize on-lot sewage disposal shall secure approval from
the Township's Sewage Enforcement Officer in accordance with the applicable
governing standards of the Pennsylvania Department of Environmental
Protection prior to the issuance of a zoning permit.
Any structural portion of a building, such as
a deck, patio, porch or similar feature which is need of repair to
the point of replacement shall be exempt from complying with the applicable
setback requirements when all of the following conditions exist:
A. The use of the building represents a use permitted
by right in the district in which it is located.
B. There are no outstanding zoning or building code violations
against the owner of the property.
C. The structural replacement shall be the exact same
location and structural replacement shall be the same size and height,
or less, than that which is being replaced.
D. A photograph of the subject property, taken prior
to the start of work, must be submitted to the Zoning Officer with
a completed zoning permit application, along with any other information
deemed necessary by the Zoning Officer to process the application.
A mobile home shall be constructed and anchored
to a permanent foundation. Under such conditions, said mobile home
shall be deemed to be a single-family residence.
The removal of a mobile home upon a property
with the intent to replace it with another mobile home may be permitted
in accordance with the following standards:
A. The property owner shall provide the Zoning Officer
with written notice of his intent to replace the structure and the
date on which the current mobile home will be removed from the lot.
B. The placement of the new mobile home upon the lot
shall be in conformance with all applicable setback requirements and
area requirements for the zoning district in which it is located.
C. A new mobile home shall be located upon the lot in conformance with §
95-25 and shall be connected with all utilities, including sewage, and ready for occupancy within 180 days from the date on previous mobile home was removed.
A temporary structure and/or a temporary use
may be allowed in all zoning districts subject to the following requirements:
A. A temporary structure and/or use shall meet all applicable
setback requirements for the zoning district in which it is to be
located.
B. The temporary structure shall be located upon a property
for a period not to exceed 12 months from the date on which the zoning
permit was approved by the Zoning Officer. The twelve-month time limitation
for a temporary structure and/or use shall be cumulative in nature.
Any intermittent cessation and subsequent resumption of a temporary
structure and/or use shall be included within the twelve-month time
limitation from the date on which approval was originally issued.
C. The use of a temporary structure shall be directly
related to the principal use of the property and the principal use
of the property must be a use permitted by right in the zoning district
in which it is located.
D. Trailers placed upon a property as a field office
during the construction activities for a permanent principal use shall
be exempt.
E. The use of a temporary structure as a residence shall
permitted when the following conditions apply:
(1) The property on which the temporary structure is to
be located represents the same property on which the applicant has
secured zoning approval to construct a permanent dwelling.
(2) The temporary structure has service to and is connected to all required utilities, including but not necessarily limited to electrical, water and sewage and is utilized within the context of a "dwelling unit" as defined in Article
II of this chapter.
(3) Upon the cessation of 12 months from the date on which
the zoning permit was approved by the Zoning Officer, the temporary
structure shall be removed from the site unless the applicant submits
and receives approval for a land development application and plan.
F. The size of the gross floor area of a temporary structure
shall not exceed that of the principal structure.
G. Required off-street parking and/or loading shall be provided for the use within a temporary structure in accordance with the applicable provisions contained in Article
XI, Off-Street Parking and Loading.
H. Upon receipt of approval for a temporary structure
and/or use, the twelve-month limitation may be extended up to an additional
12 months as a variance subject to approval by the Zoning Hearing
Board.
Zoning approval for any proposed use and/or
development of a property, which includes the construction and/or
relocation of a driveway onto a state legislative route, a county
road or a Township road shall be conditioned upon the applicant securing
a highway occupancy permit from the applicable governing body and/or
agency.
A. In accordance with the requirements of the Pennsylvania
Department of Environmental Protection, any proposed development having
a cumulative land disturbance equal to or in excess of 5,000 square
feet shall be required to prepare and implement a soil erosion and
sedimentation control plan in accordance with the most recent addition
of the Department of Environmental Protection Erosion and Sedimentation
Control Manual.
B. For stormwater discharges from construction activities,
any proposed development that will disturb between one and up to five
acres of land over the life of the project, and has a point source
discharge to surface waters, shall be required to secure a National
Pollutant Discharge Elimination System Permit (NPDES) from the Luzerne
County Conservation District. No zoning permit for development shall
be issued by the Township until written notification is received from
the Luzerne County Conservation District verifying compliance in securing
the NPDES ermit.
An outdoor fuel-burning furnace shall be deemed to be an accessory structure permitted in the A-1 District and the C-1 District, as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Article
VIII of this chapter.
Whenever, in any district established under this chapter, a use is neither specifically permitted nor denied and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The proposed use may be permitted if only if it is determined to be similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use would meet the standards and criteria for a special exception as contained in §
95-153B of this chapter and would not be detrimental to the public health, safety and welfare and/or environmental features and characteristics of the site and/or surrounding areas.
In the event that any provisions within this
chapter are found to be in conflict with another provision of this
chapter, and/or any other ordinance, law; or regulation of the Township,
state or United States Government, the most restrictive shall apply.
[Added 12-4-2018 by Ord.
No. 2018-6]
Any oil or gas pipeline shall require a setback of 150 feet
from any structure and property line with said distance measured from
the center line of where the pipe is to be located.