Unless otherwise specified in this chapter on the Schedule of Zone Requirements[1] accessory buildings and structures shall conform to the following regulations as to their locations on the lot.
[1]
Editor's Note: The Schedule of Zone Requirements is included at the end of this chapter.
A.
Accessory structures must be located on the same lot as the principal use to which they are accessory.
B.
An accessory building or structure attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building except as noted herein.
C.
Detached accessory buildings shall be located in other than a front yard, and when located in a side or rear yard area, shall comply with the Schedule of Zone Requirements, and the requirements of this chapter.
D.
No accessory building shall be used for residential purposes by any person or persons, including members of the family of the occupants of the principal building, except as otherwise specifically permitted herein. No accessory building which is intended to be occupied for dwelling purposes shall be constructed before the principal building.
E.
No accessory structure, excluding fences, garages and temporary buildings necessary for construction purposes and fences otherwise in compliance with this chapter used to secure a property shall be erected prior to the completion of the principal structure or building. Temporary buildings shall be removed within 30 days of the date of cessation of construction at the site.
Storage sheds and barns shall be subject to the following limitations:
A.
Single-family residential properties equal to or less than 20,000 square feet in area may construct one shed, not more than 120 square feet in area, not more than 16 feet in height, and with minimum side and rear setbacks of three feet.
B.
Single-family residential properties larger than 20,000 but less than 60,000 square feet in area may construct one shed not more than 180 square feet in area, not more than 16 feet in height, and with a minimum side and rear setback of 10 feet.
C.
Single-family residential properties larger than 60,000 square feet area may construct two sheds, each of which may be no more than 180 square feet or not more than 16 feet in height, and with a minimum side and rear yard setback of 25 feet.
D.
Farm properties may construct storage barns to a height demonstrated to the Land Use Officer as necessary to accomplish a legitimate farming activity such that the side and rear setback of the barn shall be no less than the height of the barn and any barn used to house animals or manure shall have a minimum side and rear yard setback of 150 feet. No barn shall be higher than 35 feet and all barns shall comply with all front yard setback requirements.
E.
Accessory storage buildings on nonresidential properties may be constructed to a maximum size of 2,500 square feet, a maximum height of 20 feet and a minimum side and rear yard setback of 10 feet.
[Amended 11-21-2006 by Ord. No. 29-2006; 4-24-2019 by Ord. No. 4-2019]
A.
A private garage accessory to a principal building is permitted in any zone district.
B.
Private garage space must provide an adequate and accessible driveway of at least eight feet in width, in compliance with the parking requirements of this chapter.
C.
No garage shall be higher than 1 1/2 stories and 16 feet in height such that the half-story above shall be nonhabitable and provide no more than six feet standing room from the top of the floor framing to the roof framing/collar tie at the underside of the roof.
D.
All detached private garages in residential zones shall comply with the following additional requirements. Except that in cases where the required principal building setback for the zone is less than the required setback set forth below, the required principal building setback shall govern:
| Lot Size (square feet) | Maximum Garage Size (square feet) | Side and Rear Yard Setback (feet) |
|---|---|---|
| 0 to 15,000 | 600 | 7.5 |
| 15,001 to 59,999 | 900 | 15 |
| 60,000 or larger | 1,400 | 20 |
E.
The exterior finish of all detached garages in residential zones shall be substantially similar to that of the principal dwelling with regards to color. Fabric or corrugated metal siding or roofing shall be prohibited.
F.
Garage doors on detached garages in residential zones shall be limited to a maximum of three standard size door bays of nine feet wide by nine feet high, where a double door, which does not exceed 18 feet in width, may be substituted for two of the bays.
A.
In residential zones, the following antenna structures shall be permitted as accessory structures to a principal residential structure or permitted conditional use on the same lot. No such antenna structures may serve more than one residential lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
(1)
Two conventional television and/or radio antenna structures attached to a building, provided that they do not exceed the height limitations for the zone by more than 15 feet. Antenna structures operated by holders of a Federal Communications Commission amateur radio license may exceed the height limitations for the zone by 35 feet. Such antennas which exceed 20 feet above the point of attachment to the building shall be built to withstand winds of 60 miles per hour.
(2)
Freestanding, noncommercial, mast or pole type radio and/or television antenna structures and one tower-type radio and/or television antenna structure, provided that they shall only be placed in the rear yard area, shall be located no closer than 15 feet to any property line, and may exceed the height limitations for the zone by not more than 15 feet. Antenna Communications Commission amateur radio license may exceed the height limitations for the zone by 35 feet. Such structures over 20 feet in height shall be built to withstand winds of 60 miles per hour.
(3)
One satellite dish antenna structure erected on a secure ground-mounted foundation, provided that it shall only be placed in the rear yard, shall conform to the setbacks for a principal structure in the zone, and shall not exceed 16 feet in height or 12 feet in diameter. Any wires or connecting cables shall be buried underground unless the antenna is located immediately adjacent to and mounted no more than seven feet from the structure being served. Each such structure shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the antenna from any adjacent conforming residential property, any residential zone, or any public street.
B.
In nonresidential zones, the following antenna structures shall be permitted as accessory structures to a principal use, other than a residential use, on the same lot. No such antenna structures may serve more than one lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
(1)
Conventional television and/or radio antenna structures attached to each building, provided that no antenna structure shall exceed the height limitations for the zone by more than 15 feet. Such structures which exceed 20 feet above the point of attachment to the building shall be built to withstand winds of 60 miles per hour.
(2)
Freestanding, conventional, noncommercial radio and television antenna structures, provided that such antenna structures shall only be placed in the rear yard, shall adhere to setback and yard requirements for accessory structures in the particular zone but in no case shall be closer than 50 feet to any residential property line or zone boundary or closer than 15 feet to any other property line and shall not exceed the height limitations for the zone by more than 15 feet. Such structures over 20 feet in height shall be built to withstand winds of 60 miles per hour.
(3)
Satellite dish antennas. Such antenna structures shall be erected on a secure ground-mounted foundation located in the rear yard or may be mounted on a flat roof, provided that it is no higher than 15 feet above the roofline and is concealed from public view. No antenna structure shall exceed 12 feet in diameter. Ground-mounted antenna structures shall conform to the setbacks for a principal structure in the zone, shall not exceed 16 feet in height, and shall in no case be located closer than 50 feet to a residential property line or zone boundary. Wires or connecting cable for ground-mounted antenna shall be buried underground. Each ground-mounted antenna shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the structure from any adjacent conforming residential property, any residential zone or any public street.
[Amended 11-24-2009 by Ord. No. 27-2009; 7-24-2019 by Ord. No. 9-2019]
Private swimming pools on single-family residential properties shall be subject to the following regulations:
A.
For property setback purposes, the setback shall be measured from the permanent walkway or patio adjacent to the pool to the lot line.
B.
On residential properties on 20,000 square feet or less, a pool shall be set back in rear and side yard areas a minimum distance of 7.5 feet inclusive of pumps, filters, and other mechanical attachments.
C.
On residential properties larger than 20,000 square feet, a pool shall be set back in rear and side yard areas a minimum distance of 10 feet inclusive of pumps, filters and other mechanical attachments.
D.
One poolside cabana shall be permitted on a residential lot on which there exists a swimming pool pursuant to this chapter. Cabanas shall be no higher 16 feet and one story, shall be set back a minimum of 10 feet from the pool walls, and shall comply with the following additional requirements:
|
Lot Size
(square feet)
|
Maximum Cabana Size
(square feet)
|
Side and Rear Yard Setback
(feet)
|
|---|---|---|
|
Up to 19,999
|
100
|
5
|
|
20,000 to 59,999
|
180
|
10
|
|
60,000 or more
|
220
|
25
|
E.
All private swimming pools shall be enclosed by fencing or a barrier pursuant to the current International Residential Code adopted by the UCC and all revisions thereto.
F.
No pool shall be constructed within 10 feet of any building foundation, except that this section shall not apply to an aboveground, self-contained hot tub or spa equal to or less than 75 square feet in area and 42 inches in depth.
G.
A temporary fence shall be installed and maintained when pool excavation has commenced. A permanent fence as required by this chapter shall be installed within 30 days of the completion of the first building inspection of the pool.
H.
All aboveground pool pumps, filters, and other mechanical attachments shall be thoroughly screened to minimize visibility from public streets and adjacent properties by a continuous evergreen buffer or solid fence in compliance with the buffer requirements of this chapter.
[Added 10-12-2005 by Ord. No. 31-2005]
Gazebos on single-family residential properties shall be subject to the following regulations:
A.
One gazebo shall be permitted on a residential lot on which there exists a single-family dwelling. A gazebo shall be subject to the following requirements and shall be no higher than 16 feet and one story in height:
| Lot Size (square feet) | Maximum Gazebo Size (square feet) | Side and Rear Yard (feet) |
|---|---|---|
| Up to 19,999 | 100 | 5 |
| 20,000 to 59,999 | 180 | 10 |
| 60,000 or more | 220 | 25 |
[Amended 10-12-2011 by Ord. No. 24-2011]
Sports courts shall be permitted only on single-family residential properties of 30,000 square feet or larger and shall be subject to the following regulations:
A.
Courts shall not be located in a front yard area.
B.
Courts may be enclosed with a maximum six-foot-high fence of the open visibility variety such as chain link, except that tennis courts may have such fences no more than 10 feet in height.
C.
Courts shall be located no closer than 15 feet from side and rear property lines, except that tennis courts shall be located a minimum of 25 feet from side and rear property lines.
D.
Courts shall not be illuminated or used for play after dark.
E.
Courts shall be limited to a maximum of 4,000 square feet is size, except that tennis courts shall be no larger than 7,200 square feet.
F.
All courts shall be considered impervious coverage as defined herein.
Fences and walls, hereafter erected, altered or reconstructed in any zone shall be subject to the following restrictions.
A.
All supporting members of a fence shall be located on the inside of a fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
B.
Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.
C.
Fences shall be erected in such a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
D.
Height permitted in residential zones. Fences in residential zones may be erected, altered or reconstructed to a height not to exceed six feet above natural ground level, except that no fence may be higher than four feet above natural ground level in any front yard or between a front property line and the established principal building setback, whichever distance is greater.
E.
Height permitted in business zones. Fences in a business zone may be erected to a height not to exceed six feet above ground level in any yard.
F.
Height permitted in industrial zones. Fences in an industrial zone may be erected to a height not to exceed six feet above ground level in any yard except that open wire fences may be erected to a height not to exceed eight feet above ground level in a side or rear yard.
G.
Placement. All fences must be erected entirely within the property lines and are further subject to the sight triangle provisions herein except that an open metal or wire fence shall be permitted in a sight triangle such that adequate visibility is maintained within the sight triangle.[1]
H.
No fence shall be erected in a public right-of-way.
I.
Farm regulations.
(1)
On farms only, open wire fences may be erected to a height not to exceed six feet in height within any part of the farm premises. Any other type fence may be erected to a height not to exceed five feet when located within 25 feet of any street line and six feet when located more than 25 feet from a street line.
(2)
No zoning permit shall be required to be obtained prior to the construction, alteration or erection of any fence within a farm which is to be located more than 25 feet from any street line.
J.
Barbed wire fences. Barbed wire fences shall not be permitted except on farms and in an industrial zone. When used in an industrial zone, barbed wire may only be used when needed for security purposes and must be mounted on the top of a fence having a minimum height of six feet above ground level.
K.
Electronically charged fences. Electrically charged fences may only be used on farms. All electrically charged fences shall be posted with signs designed to warn persons of their presence and nature.
L.
Maintenance. All fences shall be maintained in a safe, sound and upright condition.
M.
Hazardous fences. No fences shall be erected which is embedded with or made of pieces of glass, sharpened metal or sharp or otherwise hazardous material, nor shall any fence be erected which is intended to wound or injure persons or animals, except as provided in Subsection J above.
N.
Retaining wall. Nothing in this section shall be applied as to restrict the construction of a retaining wall necessary to retain earth at the level which it existed at the time of the passage of this chapter.
Outdoor barbecue structures on single-family residential properties shall be subject to the following restrictions:
A.
On lots of 20,000 square feet and under, such structures shall be set back a minimum of five feet from side and rear property lines.
B.
On lots greater than 20,000 square feet in area, such structures shall be set back a minimum of 10 feet from side and rear property lines.
C.
No such structure shall be higher than six feet.
For domestic pet shelters on residential properties, the building area shall not exceed 30 square feet in area and five feet in height and that any fenced-in area shall not exceed 100 square feet. Such structures shall be setback a minimum of 10 feet from side and rear property lines.
Greenhouses and screenhouses on residential properties shall not exceed 150 square feet. For the purposes of this section, a greenhouse is a glass- or plastic-enclosed structure used for the cultivation or protection of plants and a screenhouse is a portable enclosed, screened-in structure capable of being dismantled and stored when not in use. Such structures should be setback a minimum of 10 feet from rear or side property lines.
Decks on residential properties are subject to the requirements of this chapter.
Those structures, building and uses which are essential to the operation of the principal use situated on the premises, which are incidental to and subordinate to the principal use, and which conform to the requirements of this chapter, shall be permitted.
[Amended 2-9-2000 by Ord. No. 2-2000; 6-11-2003 by Ord. No. 16-2003; 4-8-2009 by Ord. No. 4-2009; 5-27-2015 by Ord. No. 10-2015]
A.
Buffers. Buffers shall be established to buffer potential land use conflicts.
(1)
Buffers shall be open and unobstructed from the ground upward except for walks, bikeways and landscape screening in the form of walls, fences, earthwork and plantings.
(2)
Buffers shall be established as follows.
(a)
At the time of construction, enlargement, alteration or increase of the capacity or change in use of any building, structure or property in the Township, there shall be provided buffers, landscaping and screening in accordance with the requirements of this section.
(b)
Where any lot or property in an office, industrial, research, retail, commercial, recreational or airport zone district or any lot or property developed for office, industrial, research, retail, commercial, recreational or airport use abuts or is in a residential zone, a landscaped buffer of at least 75 feet in width shall be permanently established and maintained along the property line(s) abutting the residential zone. Where such a property abuts a residential use in a nonresidential zone, a buffer of at least 25 feet in width shall be permanently established and maintained along the property line(s) abutting the residential use as long as it exists.
(c)
On any lot or property proposed for residential development of two or more lots or two or more residential units which abuts a property zoned or used for commercial, retail, recreational, office, industrial, medical, manufacturing or airport use, a landscaped buffer strip of at least 25 feet in width shall be permanently maintained along the property line abutting such use or zone.
(d)
Parking areas in residential zones. In any residential zone, all parking areas, exclusive of the ingress and egress drive, having a capacity of more than four vehicles shall be screened from adjacent properties by a buffer strip of at least five feet in width.
(e)
Requirements of buffer areas.
[1]
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 2 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
[2]
All nonpaved areas on properties used for any purpose other than farming shall be suitably landscaped with trees and other landscaping materials.
(3)
Use of buffer areas. Required buffers may be used for no other purpose than as a buffer. The only structures which may be erected within a buffer area are fences as elsewhere regulated in this chapter.
B.
Aboveground utility installations; buffers required.
(1)
All aboveground utility installations, including but not limited to generators exceeding 25 kilowatts, convertors, communication terminal house, air-conditioning condensers exceeding five tons (60,000 BTU) and fuel storage tanks, which are not roof-mounted, shall be thoroughly screened by a continuous evergreen buffer or solid fence in compliance with this chapter of a sufficient height and depth so as to effectively shield views of the installation year round. Utility installation s shall also comply with the performance standards on noise established in this chapter.
(2)
All aboveground utility installations must comply with the principal building setbacks of this chapter, except that air-conditioning condensers not exceeding five tons (60,000 BTU) and generators not exceeding 25 kilowatts shall be permitted no closer than 7.5 feet from side and rear property lines in the R-7.5, R-10 and R-15 Zone Districts, and 10 feet from rear and side property lines in all other residential zone districts.
(3)
Those air-conditioning condensers not exceeding five tons (60,000 BTU) that exist at the time of adoption of this chapter shall be permitted to be replaced in the same location, provided that they do not extend any further into a nonconforming setback.
Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
A.
The illumination provided by artificial lighting on a property shall not exceed 0.5 footcandles beyond any property line when that property abuts a residential use or residential zone.
B.
Spotlights or other types of artificial lighting, that provide a concentrated beam of light, shall be so directed that the beam or glare of light does not extend beyond any property line.
C.
There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking.
D.
In commercial recreation zones, no outdoor lighting for the purpose of lighting playing fields, sport courts or outdoor picnic or eating areas shall be permitted within 300 feet of any property line which abuts a residential use or a property zoned for residential uses.
