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.
