A.
An accessory building not attached to the principal structure
may be located in any required side or rear yard, provided that:
B.
Accessory buildings for principal uses other than residential
shall not be located closer than 10 feet to any side or rear property line
abutting a residential district or lot used for residential purposes.
C.
When an accessory structure is attached to the principal
building it shall comply in all respects with the requirements of this chapter
applicable to the principal building.
D.
An accessory building on that portion of a lot not included
in any required yard shall conform with the height regulations for principal
buildings.
E.
No accessory building shall project nearer to the street
on which the principal building fronts than the principal building.
[Amended 1-25-2005 by Ord. No. 291]
F.
Accessory buildings shall only be located in the rear yard or
side yard(s). The setbacks for accessory buildings in rear or side yard(s)
that are adjacent to public, private or proposed road rights-of-way shall
be the same as the setbacks listed in the minimum area regulations for front
yard setbacks of each applicable zoning district.
[Added 1-25-2005 by Ord. No. 291]
G.
Accessory agricultural buildings for working farms shall comply
with the following regulations:
[Added 1-25-2005 by Ord. No. 291]
(1)
No building shall be located within 50 feet of any road right-of-way
or proposed road right-of-way.
(2)
No building shall be located within 35 feet of any private road
right-of-way.
(3)
No building shall be located within 100 feet of any dwelling
except the dwelling located on that property.
(4)
No building shall be located within 20 feet of any side or rear
property line.
(5)
Buildings to house, keep or raise livestock, horses or poultry
shall comply with the provisions listed in § 150-10D(1)(a).
A.
Where a lot has frontage on two or more streets, the
height limitation shall apply only as measured from the curb level along the
street with a higher elevation above sea level.
[Amended 10-24-1995 by Ord. No. 238]
B.
Chimneys, flues, towers, spires, cupola domes, pole masts,
antennas, barns and silos shall be exempt from the height limitations of this
chapter, provided that their location is not in the required yard.
[Amended 1-25-2005 by Ord. No. 291]
A.
Corner lots.
(1)
Front yards are yards on which the building fronts on
the public or private road right-of-way and shall coincide with the property
address, and the yard opposite of the front yard shall be deemed to be a rear
yard, and the other (or others) side yards.
(2)
No obstructions to vision exceeding 30 inches in height
above the curb level shall be erected or maintained within a seventy-five-foot
clear-sight triangle formed by the center line of intersecting streets.
(3)
Setbacks for any type of structure shall not be less
than those fisted in the minimum area regulations for front yard setbacks
of each applicable zoning district.
B.
Setback exemption. No proposed dwelling need have a setback
greater than the average of the two existing dwellings with the greatest setbacks
located within 100 feet on each side of said proposed dwelling on the same
side of the street, within the same block and the same district. However,
in no event shall the front yard be less than 10 feet.
C.
Projections into required yards.
(1)
Cornices, canopies, eaves or other architectural features
may project into yards a distance not exceeding two inches per one foot of
the side yard width but may not exceed a total of three feet.
(2)
Bay windows, balconies, fireplaces, uncovered stairways
and necessary landings and chimneys may project a distance not exceeding three
feet.
(3)
Patios and open porches may be located in the required
side and rear yards, provided that if the yard is adjacent to a private, public
or proposed road right-of-way the setbacks listed in the minimum area regulations
for front yards of the applicable zoning district shall apply. Patios and
open porches may not be located closer than 10 feet to any adjacent property
line.
D.
Existing small lots. A lot owned individually and separately
and separated in ownership from any adjoining tracts of land on the effective
date of this chapter and subsequent amendments, which has a total lot area
or lot width less than prescribed in this chapter, may be used, provided such
lot shall be developed in conformity with all applicable district regulations
other than the minimum lot area, lot width and side yards. Existing small
lots meeting the above stipulation shall provide side and rear yards which
may be proportionately reduced by the percentage that the existing small lot
is less than the minimum Township standard. However, in no event shall each
side yard be less than five feet or rear yard less than 20 feet, except in
Community Commercial Districts, where a rear yard of 15 feet is permitted.
E.
Through lots. Where a lot extends through from street
to street, the applicable front yard regulations shall apply on both streets.
A building permit shall be required for the installation or construction
of a private outdoor swimming pool on the same lot as the principal residence,
subject to the following conditions:
A.
Such pool may be erected in the required rear yard but
not in the required side yard or front yard.
B.
The water edge of such pool shall not be located nearer
than 20 feet to any lot line for an in-ground pool or nearer than 15 feet
for an aboveground pool.
C.
Any such pool with a surface area of 150 square feet
or more or a depth in excess of two feet shall be completely surrounded by
a fence or wall that is not less than four feet in height. All gates or doors
opening through said fence shall be erected, maintained and provided with
a self-closing, self-locking gate to prevent unauthorized use of the pool
and to prevent accidents. However, if said pool is located more than 3 1/2
feet above the ground level, then a fence is not required, provided that all
points of access to said pool are adequately protected.
D.
Conventional wading pools less than the area and depth
requirements of Subsection C above shall be exempt.
E.
Swimming pools located in the Agricultural, Agricultural Residential,
Low Density Residential and Medium Density Residential Districts shall be
allowed in side yards, provided that all the other requirements of this section
and § 150-65, entitled “Accessory building regulations,”
shall be met. Swimming pools located in the side yards that are adjacent to
a public street shall have a minimum fifty-foot setback from the edge of the
road right-of-way.
[Added 1-25-2005 by Ord. No. 291;
amended 7-26-2005 by Ord. No. 293]
A.
Schedule of parking requirements. Accessory off-street
parking spaces shall be provided for any use as specified below. Any land
which is developed as a unit under single ownership and control shall be considered
a single lot for the purpose of these parking regulations. All parking areas
must meet all prevailing Americans with Disabilities Act (ADA) requirements.
Reasonable and appropriate off-street parking requirements for structures
and uses which do not fall within the categories listed shall be determined
by the Township Planning Commission upon consideration of all factors entering
into the parking needs of each such use.
|
Type of Use
|
Minimum Parking Spaces
| |
|---|---|---|
|
Place of worship, libraries, other public buildings and places
of public assembly
|
1 space per 200 square feet of floor area but not less than
1 space for each 3.5 seats where provided
| |
|
Tennis courts
|
2 spaces for each court
| |
|
Secondary schools or other place of assembly
|
4 spaces per classroom plus 1 for each 5 seats in any auditorium
| |
|
Hospitals, sanitariums, nursing homes, philanthropic, or eleemosynary
institutions
|
1 space per 3 beds plus 1 for each employee
| |
|
Boarding or lodging house, tourist home
[Amended 7-8-1997 by Ord. No.
246] |
1 space per guest bedroom and 2 for resident family
| |
|
Bed-and-breakfast establishment
[Amended 7-8-1997 by Ord. No.
246] |
1 space per guest bedroom and 2 for resident family
| |
|
Eating places
|
1 space per 2.5 seats
| |
|
Undertakers and funeral homes
|
1 space per 2 employees, plus 1 for each chapel seat
| |
|
Hotels, motels, and resorts
|
1 space per guest room plus 1 for each employee
| |
|
Bowling alleys
|
3 spaces for each alley
| |
|
Home occupation or accessory professional office, except physicians
and dentist
|
2 spaces per each home, professional or accessory professional
office
| |
|
Professional offices of veterinarians, physicians or dentists
|
5 spaces per each physician or veterinarian
| |
|
Commercial stable or riding academy
|
1 space for each horse stall
| |
|
Retail stores and shops
|
5 spaces for each 1,000 square feet of gross floor area in
a Community Commercial District. 7 spaces for every 1,000 square feet of gross
floor area in Highway Commercial District
| |
|
Wholesale establishments, warehouses, offices, businesses industries,
etc.
|
1 space for each employee on average working shift
|
B.
Areas computed as parking spaces. Areas which may be
computed as open or enclosed off-street parking spaces include any private
garage, carport or other area available for parking, other than a street or
driveway. However, a driveway within a required front yard for a one-family
or two-family residence may count as two parking spaces.
C.
Size of spaces. The minimum parking stall width shall
be 10 feet. The minimum length shall be 20 feet. All parking aisles shall
have a minimum width of 25 feet for ninety-degree parking, and a minimum width
of 20 feet for two-way angle parking. One-way angle parking shall have a minimum
aisle width of 15 feet.
D.
Large parking areas. In parking areas on one acre or
more, at least 5% of the total area shall be devoted to landscaping within
the interior of the parking area. Such parking areas shall be appropriately
illuminated.
E.
Access. Unobstructed access to and from a street shall
be provided. The width of entrance or exit drives shall be a minimum of 15
feet for one-way use only and a minimum of 25 feet for two-way use. No entrance
or exit for any multiple dwelling, commercial or industrial parking area shall
be located within 75 feet of any street intersection. Access to a principal
use shall be on the same lot and in the same district as the permitted principal
use.
F.
Drainage and surfacing. All multifamily, commercial and
industrial open parking areas shall be surfaced with an asphaltic or portland
cement or similar durable and dustless surface approved by the Township Zoning
Officer and shall be so graded and drained to dispose of all surface water
anticipated within the area.
G.
Circulation. All dead-end parking lots shall be designed
to provide sufficient backup area for the end stalls. Parking areas shall
be designed so that each vehicle may proceed without requiring the moving
of any other vehicle.
H.
Off-site facilities. All permitted and required accessory
off-street parking spaces, open or enclosed, shall be located on the same
zone lot as the use to which such spaces are accessory, except that such spaces
may be provided elsewhere but shall be provided within a radius of no greater
distance than 250 feet from that zone lot, and provided further that required
spaces are provided off the site in accordance with the provisions set forth
herein and that such spaces shall be maintained for the use to which they
are accessory and shall be subject to deed restrictions filed in an office
of record, binding to the owner and his or her heirs and/or assigns to maintain
the required number of spaces available throughout the life of such use, and
such spaces shall conform to all regulations of the district in which they
are located.
I.
Screening and setbacks. No parking areas shall be closer
than six feet to the principal multiple dwelling, commercial or industrial
building or to the side or rear lot line. Parking areas shall be physically
separated from any public cartway by a minimum of a ten-foot planting strip
and in no case shall parking areas be designed to require or encourage vehicles
to back into the public street. Any parking accessory to a multiple dwelling,
commercial or industrial use shall be screened from adjacent residential uses.
J.
Open space. Required off-street parking areas shall not
be considered as part of any open space requirements.
K.
Parking may be permitted in the required front yard; however,
parking may not consume more than 60% of the front yard. Parking shall not
be closer than 10 feet to the front property line or any existing or future
right-of-way.
[Added 9-26-2006 by Ord. No. 304]
Off-street loading berths, open or enclosed, are permitted accessory
to any use other than residential, subject to the following minimum provisions:
A.
Size of spaces. Each loading berth shall be at least
12 feet wide, 33 feet long and 14 feet high.
B.
Location and access. Unobstructed access, at least 15
feet wide, to and from a street shall be provided. All permitted or required
loading berths shall be on the same lot as the use to which they are accessory.
No entrance or exit for any off-street loading area shall be located within
75 feet of any street intersection. No off-street loading berth shall be located
in any front yard or within 10 feet of any side or rear yard.
A.
No more than one mobile home, motor home trailer or boat
not exceeding 30 feet in length may be stored, but not occupied, in any residential
district and shall not be located within the required front or side yard area.
B.
Where a building permit has been issued for the construction
or alteration of a building, a temporary permit for one manufactured home
or camping trailer may be issued for a period not to exceed six months. Said
temporary permit may be extended for one additional period of six months if
it can be shown that justifiable circumstances require such an extension.
Said residence may be occupied during the term of the temporary permit and
shall be situated upon the lot for which the building permit has been issued,
provided that all yard setback requirements are met.
C.
The residential storage of dismantled, nonoperable or
nonlicensed vehicles as defined in this chapter shall be only in enclosed
buildings.
Customary home occupations and professional offices or studios are permitted
as an accessory use subject to the following provisions:
A.
Where permitted. Customary home occupations shall be
permitted within a single-dwelling unit or in a building or other structure
accessory to the dwelling unit, provided that not more than two persons in
addition to those persons residing in said dwelling are employed in the same
home occupation.
B.
Evidence of use. The use shall not display or create
outside the building any evidence of the home occupation, except that one
unanimated, nonilluminated flat sign having an area of not more than four
square feet shall be permitted on each street front of the zone lot on which
the building is situated. No offensive noise, vibration, smoke, dust or odor
shall be created.
C.
Area limitation. The use shall not occupy more than 30%
of the floor area used for dwelling purposes.
D.
All home occupations must register with the Township
[Added 8-12-2003 by Ord. No. 283]
Whenever a developer or owner proposes to provide land or structures
for the benefit of only particular homeowners of a project, such as usable
open space and active play areas, a homeowners' association shall be established
in accordance with the following provisions:
A.
The homeowners' association shall be established as an
incorporated organization operating under recorded land agreements through
which each lot owner (and any succeeding owner) is automatically a member
and each lot is automatically subject to a charge for a proportionate share
of the expenses for the organization's activities. Additionally, specific
provisions shall be established which define completely all membership requirements
of all non-lot owners in the event that rental units are included in the project.
B.
The homeowners' association's declaration of covenants,
conditions and restrictions shall, at a minimum, establish the following:
(1)
Property rights, including the owners' easements of enjoyment
and delegation of use.
(2)
Membership and voting rights, including any distinction
between membership classes.
(3)
Covenant for maintenance assessments, including the creation
of the lien and personal obligation of assessments, purpose of assessments,
the maximum annual assessments, special assessments for capital improvements,
uniform rate of assessment, due dates, effect of nonpayment of assessments
and subordination of the lien to mortgages.
(4)
Architectural and exterior maintenance control.
(5)
General provisions, including enforcement, amendments
and property annexation procedures.
C.
The developer or owner shall assume all responsibility
for the homeowners' association until 75% of the dwelling lots are sold or
until such time as the homeowners formally assume such responsibility. Once
the homeowners' association is established, the developer or owner shall be
responsible for payment of dues to the homeowners' association for lots which
he or she owns.
D.
Staged developments. If the developer or owner proposes
to construct the project over a period of separate stages, the homeowners'
association shall also be staged consistent with the development time schedule.
E.
Review. The articles of incorporation and all declarations
of covenants, conditions and restrictions of the homeowners' association shall
be subject to review by the Township Solicitor.
A.
Prohibited signs. The following types of signs shall
be prohibited:
(1)
Signs which use words such as "STOP," "LOOK," "DANGER,"
"YIELD" or any similar words, phrases, symbols, lights or characters in such
a manner as to interfere with or mislead or confuse traffic.
(2)
Signs which by reason of size, location, coloring, or
manner of illumination obstruct the vision of drivers, including:
(3)
Signs which use a series of two or more freestanding
signs placed parallel to the highway carrying a single advertising message
part of which is contained on each sign.
(4)
Signs illuminated by flashing, intermittent or rotating
lights.
(5)
Signs placed upon the roof of a building.
B.
General standards applying to all signs.
(1)
No sign shall be located in the established right-of-way
of any street.
(2)
No sign shall exceed the established height limitations
of the applicable district where located.
(3)
Signs shall not project beyond the property lines.
(4)
All temporary or permanent signs shall be removed within
30 days after the circumstances leading to their erection no longer apply.
After the thirty-day period, the Township may remove any such sign and charge
the property owner for the costs incurred.
C.
Permitted signs. The following types of signs shall be
permitted:
(1)
Signs advertising the sale or rental of the premises
upon which they are erected, when erected by the owner or broker or any other
person interested in the sale or rental of such premises, may be erected and
maintained, provided that:
(2)
Signs advertising the sale or development of the premises
upon which they are erected, when erected in connection with the development
of the premises by a builder, contractor, developer or other person interested
in such sale or development, may be erected and maintained, provided that:
(3)
Signs indicating the location and direction of premises
available for or in the process of development, but not erected upon such
premises, and having inscribed thereon the name of the owner, developer, builder
or agent may be erected and maintained, provided that:
(4)
Signs of mechanics, painters and other artisans may be
erected and maintained during the period such persons are performing work
on the premises on which such signs are erected, provided that such signs
are removed promptly upon completion of the work.
(5)
Signs indicating the private nature of a driveway or
trespassing signs, provided that the size of any such sign shall not exceed
two square feet.
(6)
Signs of schools, colleges, churches, hospitals, sanitariums
or other institutions of a similar nature may be erected and maintained, provided
that:
(8)
Signs advertising home occupations, in accordance with
the following requirements:
(a)
Signs bearing the name and occupation (words only) conducted
within the building and shall be limited to four square feet.
(b)
Signs shall be parallel to the face of the building and
shall not project more than six inches beyond the face of the building; provided,
however, that whenever a building is located more than 35 feet back from the
right-of-way, one freestanding sign shall also be permitted. Such freestanding
sign shall not be located closer than 10 feet to any building.
(9)
Commercial advertising signs, outdoor advertising structures
or billboards which advertise products or businesses not connected with the
site or building on which they are located, subject to the following conditions:
(a)
No sign shall be closer than 50 feet to any property
line or right-of-way line of any street.
(b)
No sign face shall exceed eight feet in vertical measurement
or 16 feet in length and must be no less than six feet from the ground level.
(c)
Signs along the interstate must conform with interstate
regulations.
D.
Existing nonconforming signs. Existing signs may be continued,
provided that such signs conform to the general requirements of the previous
ordinance.
E.
Violations. Signs erected in violation of these provisions
shall be removed upon written notice to the Township. Failure to remove such
signs shall constitute a violation of this chapter and, in addition to the
penalties contained herein, the Township may charge the owner for the cost
of Township removal of such sign.
Compliance with the following standards, in addition to the applicable
requirements contained elsewhere in this chapter, shall be required in order
for shopping centers to be permitted in Highway Commercial Districts:
A.
Access. There shall be a minimum of two separate points
of ingress and egress and no access points shall be located within 75 feet
of intersecting streets, unless such points are located directly at an intersection.
B.
Management. A shopping center shall be under unified
management which shall clearly establish centralized responsibility for the
operation and maintenance of the project including all common areas.
C.
Signs. There shall be only one freestanding sign per
road frontage which shall be designed and used for the purpose of announcing
the shopping center itself in compliance with the applicable provisions of
this chapter.
D.
Parking. There shall be a minimum of 5 1/2 parking
spaces for every 1,000 square feet of floor area designed for tenant occupancy
and exclusive use, including basements, mezzanines and upper floors measured
from the center line of joint partitions and from outside wall faces, commonly
referred to as gross leasable area (GLA).
E.
Circulation. Traffic circulation within a shopping center
project shall be designed to minimize pedestrian and vehicular mixing and
congestion. Circulation shall be provided along the outer perimeters and along
store entrances.
No land or building in any district in the Township shall be used or
occupied in such a manner so as to create any dangerous or objectionable elements
in such amount as to adversely affect the surrounding area or premises. Performance
standards shall be as defined in § 150-39.
Buildings designed for the housing of migrant laborers and similar farm
employees and their families shall be permitted as an accessory use to agricultural
operations, subject to the following conditions:
A.
Prior to the issuance of a building permit, it shall
be required of the owner or his or her agent to submit to the Township certification
of compliance with all applicable provisions of the State Department of Environmental
Protection.
B.
No building for the housing of migrant or temporary laborers
in group quarters shall be located closer than 50 feet to any property line.
C.
There shall be a minimum distance of 30 feet between
group quarters, and no building shall exceed 150 feet in length.
[Amended 7-10-2007 by Ord. No. 308]
A mobile home may be temporarily placed on an approved lot having erected
thereon no more than one single-family dwelling where the mobile home is connected
to the sewage disposal system of the permanent dwelling and where the temporary
mobile home is to be occupied by the following family members: father, mother,
father-in-law, mother-n-law, paternal grandparents, maternal grandparents,
foster parents, aunt (mother's or father's sister), uncle (mother's or father's
brother), brother or sister of the owner and occupant of the permanent residence
on the lot; such occupancy of the temporary mobile home to be by special permit
only for a period not to exceed one year, renewable at the option of the Township;
all such permits to expire and be subject to renewal on July 1 of each year
regardless of the date of issuance. A signed statement will be required from
a medical doctor as to the need prior to a land use and/or building permit
being issued.
No health club, health spa or other similar establishment shall be permitted
in any district except a Highway Commercial (HC) District or Industrial (I)
District and no such establishment shall be permitted:
A.
Within 1,000 feet of any residential district.
B.
Within 1,000 feet of any church or school.
C.
Within 1,000 feet of any restaurant, eating and drinking
establishment, liquor store, hotel or motel.
D.
Within 1,000 feet of any theater, club or lodge.
E.
Within 1,000 feet of any other health club, health spa
or any other similar establishment.
Satellite discs are permitted in all districts as an accessory use;
provided, however, that they may be placed in a rear yard only, and further
provided that no portion of the disc (base or disc when rotated) may be within
20 feet of any side or rear boundary.
[Amended 2-28-2006 by Ord. No. 299]
A double home shall satisfy zoning minimum area requirements on a single
lot or on a combination of two lots. When two lots are used, only one side
yard will be required on each lot and the total lot area of the two lots shall
meet the lot area requirement for the applicable zoning district. On a corner
lot, a double home, whether on one or two lots, must meet the requirements
presented in § 150-67A of this article. It will not be necessary
to make each unit of a double unit equally sized.
