The regulations contained within Article III shall apply to all uses within the Township.
A.
Fences and walls. No fence or wall (except livestock,
required junkyard or tennis court walls or fences, or a retainer wall
of a building permitted under the terms of this chapter) shall be
erected to a height of more than three feet in a front yard and more
than eight feet in any yard within the R and R-A Zones. Within any
other Zones, no fence nor wall shall be erected to a height of more
than 10 feet in any yard. No fence or wall shall block motorist view
of vehicles entering or exiting the property nor be located within
the street right-of-way.
B.
Swimming pools. No permanent structure shall be permitted
without an operable filtration system utilizing chlorine, bromine
or some other antibacterial agent. All swimming pools shall be completely
enclosed by a minimum four-foot high nonclimbable fence or wall with
a self-closing and lockable gate; however, this does not apply to
aboveground pools having a wall measuring four feet in height and
having a retractable ladder. Such fence or wall shall be erected before
any pool is filled with water. All pools must be set back at least
15 feet from all lot lines. No water from a pool shall be discharged
onto any public street or alley. These requirements shall not apply
to man-made ponds, lakes or other impoundments, unless the primary
purpose for their construction is swimming.
C.
Lighting. All lighting fixtures shall be arranged
to prevent objectionable glare on adjoining property.
D.
Ornamental ponds and wading pools. Ornamental ponds
and wading pools may be permitted in any zone, subject to the following:
(1)
Such impoundments shall comply with all accessory
use setbacks;
(2)
No such impoundment shall contain more than 1,000 gallons. All impoundments exceeding the requirements of this section shall be considered as man-made lakes, dams and impoundments, and are subject to the criteria listed in Subsection E;
(3)
No such impoundment shall have a maximum depth exceeding
two feet;
(4)
All such impoundments shall be maintained so as to
not pose a nuisance by reason of odor, or the harboring of insects;
and
(5)
No such impoundments shall be used for the commercial
hatching of fish or other species.
E.
Man-made lakes, ponds, dams, and impoundments. All
lakes, ponds, dams, and impoundments designed to contain water on
a permanent basis may be permitted in any zone, subject to the following:
(1)
All dams, ponds, lakes and impoundments located along
and connected to a stream, that involve any of the following, shall
require the obtainment of a permit from the PA DEP or other appropriate
agency, or a letter indicating that the proposed use does not require
a permit:
(a)
The lake, dam, pond or impoundment contains
a volume of at least 50 acre feet;
(b)
The dam reaches a height of 15 feet; or
(c)
The lake, dam, pond or impoundment impounds
the water from a watershed of at least 100 acres.
[1]
All lakes, dams, ponds and impoundments that
have an intake, outlet, or an embankment within 50 feet of a stream
shall require the obtainment of a permit (or a letter indicating that
the proposed use does not require a permit) from the PA DEP or other
appropriate agency.
[2]
All lakes, dams, ponds and impoundments meeting the requirements of Subsection E(1) of this section shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation. Furthermore, all dams, ponds and impoundments, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well.
[3]
All other lakes, dams, ponds and impoundments
require the submission of statement by a qualified engineer that the
proposed use is properly constructed and will not pose a threat to
the public safety nor the environment during normal flow conditions
and those associated with the base flood. All dams shall be constructed
to a height of one foot above the water surface elevation occurring
during the base flood.
F.
Garage/yard sales. Within any zone, an owner and/or occupant may
conduct up to six garage/yard sales per year. No garage or yard sale
shall be conducted for a period longer than three consecutive days.
Such sales may offer for sale personal possessions; no import or stocking
of inventory shall be permitted. Only one two-square-foot sign shall
be permitted advertising the garage/yard sale, located upon the premises
where the sale occurs, and it shall be removed promptly upon the completion
of the sale. In no case shall any aspect of the garage/yard sale be
conducted in a street right-of-way, except that parking may occur
where permitted. The conduct of garage sales beyond the extent described
herein represents a commercial business and requires appropriate zoning
authorization.
[Amended 12-6-2012 by Ord. No. 2012-05]
G.
Accessory repair of personal motor vehicles. The routine
maintenance, repair and servicing of personal motor vehicles, owned
and/or leased by the person performing such services when performed
outside of a completely enclosed building within the Residential Zone
is permitted by an occupant of the residence, but only in compliance
with the following:
(1)
All vehicles shall be maintained with proper licensure;
(2)
All work shall be performed on the vehicle owner's
(leasee's) property of residence;
(3)
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of (see § 490-43);
(4)
All such activities shall be conducted during daylight
hours and so as not to disturb adjoining properties; and
(5)
All exterior repair, maintenance and servicing activities
shall be completed within 72 hours.
H.
Noncommercial keeping of livestock within any zone,
subject to the following criteria:
[Amended 1-18-2007 by Ord. No. 2007-01]
(1)
Minimum lot area: one acre for Group 2 animals and
two acres for Group 3 animals. Additionally, the following list specifies
additional area requirements by size of animals kept. The keeping
of a combination of animal types (Group 1, 2 and 3) shall require
an animal density equal to the ratio of the number of animals, by
type.
[Amended 7-16-2015 by Ord. No. 2015-04]
(a)
Group 1. Animals whose average adult weight
is less than 10 pounds shall be permitted at an animal density of
12 per acre, with a maximum number of 50 animals;
(b)
Group 2. Animals whose average adult weight
is between 10 and 65 pounds shall be permitted at an animal density
of two per acre, with a maximum number of 20 animals; and
(c)
Group 3. Animals whose average adult weight
is greater than 65 pounds shall be permitted at an animal density
of one per two acres, with a maximum number of five animals.
(2)
(3)
All structures used to house noncommercial livestock
shall be prohibited from placement in the front yard.
(4)
All outdoor pasture/recreation areas shall be enclosed
with fencing to prevent the escape of the animals.
(5)
All animal wastes shall be properly stored and disposed
of, so as not to be detectable at the site's property line. All animals,
their housing, and their outdoor pasture/recreation areas shall be
properly maintained so as not to become a nuisance to adjoining properties.
[Amended 7-16-2015 by Ord. No. 2015-04]
(6)
For purposes of this section only, the term "livestock"
shall mean cattle, cows, hogs, horses, sheep, goats, emus, llamas,
poultry, rabbits, birds, exotic wildlife when permitted by the Pennsylvania
Game Commission or other appropriate regulatory agency, and other
similar animals.
I.
Roadside stands. Where permitted, roadside stands,
as an accessory use to a farm, shall meet all of the following criteria:
[Added 1-18-2007 by Ord. No. 2007-01]
(1)
Roadside stands shall not exceed 300 square feet of
floor area.
(2)
Roadside stands must be located at least 10 feet from
the right-of-way line.
(3)
At least 50% of the products sold must be produced
on the site.
(4)
A maximum of two signs will be permitted and shall
not exceed 15 square feet in total area, nor exceed a maximum height
of six feet.
[Amended 8-21-2008 by Ord. No. 2008-07]
J.
Small wind energy systems. Small wind energy systems
shall be permitted as accessory uses and structures in all zoning
districts, subject to the following regulations:
[Added 1-17-2008 by Ord. No. 2008-02]
(1)
Noise level shall not exceed 60 dBA, as measured at
the property line.
(2)
Proof must be provided that the electric utility company
has been informed of the property owner's intent to install an interconnected
customer-owned generator.
(3)
Proposed installation must be certified by an authorized
inspector to conform to the National Electrical Code.
(4)
Towers must be set back from the property line a horizontal
distance at least equal to 110% of the height of the tower and wind
turbine. In addition, no tower may be constructed to a height exceeding
that imposed by FAA regulations.
K.
Phase 2 outdoor wood-fired boiler. A Phase 2 outdoor wood-fired boiler
is permitted as an accessory use and accessory structure only if the
following criteria are met:
[Added 8-20-2009 by Ord. No. 2009-05; amended 12-6-2012 by Ord. No.
2012-05]
(1)
The outdoor wood-fired boiler shall only burn allowed fuels.
(2)
The outdoor wood-fired boiler shall be located on a lot with not
less than 1 1/2 acres.
(3)
The outdoor wood-fired boiler shall be situated not less than 50
feet from any property line.
(4)
The outdoor wood-fired boiler shall not be permitted in a front yard.
(5)
The outdoor wood-burning boiler shall have a chimney height as required
by the manufacturer, and the chimney must extend a minimum of 10 feet
above the ground and be installed according to the manufacturer's
specifications.
(6)
All ashes or waste may be disbursed on the property where the outdoor
wood-fired boiler is located. Any large accumulation of ashes or waste
exceeding five yards must be disposed of in a manner approved by the
Township or the Pennsylvania Department of Environmental Protection.
(7)
All outdoor wood-fired boilers shall be used for the sole purpose
of furnishing heat and/or hot water to a dwelling or other structure
pursuant to a permit issued hereunder, including residential swimming
pools.
(8)
In the event that any outdoor wood-fired boiler is damaged by more
than 50%, or it is physically deteriorated or decayed, the said appliance
must be removed and/or replaced with a Phase 2 unit within 60 days
of the date that notice is received from the Township. In such event,
all provisions of this subsection, including but not limited to permitting
procedure, shall be complied with.
(9)
Before a zoning permit is issued for the installation of an outdoor
wood-fired boiler, a site plan is required showing the location of
the proposed appliance on the property, location and height of all
existing structures on the property, and distances from the appliance
to existing structures on the property. The manufacturer's specifications
and instructions shall also be furnished to the Township before a
permit can be issued.
L.
Small solar energy systems. Small solar energy systems are permitted
as an accessory use and structure in all zoning districts if the following
criteria are met:
[Added 12-6-2012 by Ord. No. 2012-05]
(1)
No person shall install or construct a small solar energy system
until a principal building is constructed and all applicable zoning
and building permits are issued.
(2)
All owners of property upon which a solar energy system is installed
shall be required, as a condition of the issuance of the zoning permit,
to acknowledge in writing to the Township that the issuance of a zoning
permit for a solar energy system shall not and does not create in
the property owner, its, his, her or their successors and assigns
in title, or create in the property itself:
(3)
The design and installation of small solar energy system shall conform
to applicable industry standards, including those of the ANSI, Underwriters'
Laboratories (UL), the ASTM, or other similar certifying organizations
and shall comply with the Building Code and with all other applicable
fire and life safety requirements. The manufacturer's specifications
shall be submitted as part of the application.
(4)
All solar energy system installations must be certified by a professional
firm from a list of approved solar electric installers provided on
the Pennsylvania Sunshine Program website operated by the Pennsylvania
Department of Environmental Protection or from the North American
Board of Certified Energy Practitioners.
(5)
All structural parts of any ground-mounted small solar energy system
shall meet all accessory structure setback requirements for the zone
in which it is located, but in no event shall they be closer than
15 feet to any side or rear property line.
(6)
Small solar energy systems mounted on the roof of any building shall
be allowed to exceed the maximum height of the district, provided
that they do not exceed the maximum height by more than five feet.
If the panels cover more than 50% of the roof area, the owner shall
provide evidence, in the form of stamped plans certified by a professional
engineer, that the roof is capable of holding the load.
(7)
Small solar energy systems which are ground-mounted or detached from
the principal or accessory structure shall comply with all height
restrictions for accessory structures in that zone.
(8)
The determination as to whether or not the system constitutes pervious
or impervious coverage shall be undertaken by the Zoning Officer at
the time of submission of the application based on the material used
for ground cover under the system.
(9)
The owner shall provide evidence, in the form of electric usage data,
demonstrating that the sizing of the system does not exceed the needs
of the property. Off-grid systems shall be exempt from this requirement.
(10)
Ground-mounted solar energy systems shall not be placed within
any legal easement or right-of-way location or be placed within any
stormwater conveyance system or in any other manner that would alter
or impede stormwater runoff from collecting in a constructed stormwater
conveyance system.
(11)
In the Rural Agricultural District, roof-mounted systems are
preferred; and if the property owner wishes to install a ground-mounted
or freestanding system, the owner shall demonstrate that roof-mounted
systems are not practical. Ground-mounted and freestanding components
of the small solar energy system shall be permitted on prime agricultural
land or prime agricultural soils, provided that the total area of
prime agricultural land or prime agricultural soils utilized for the
ground-mounted and freestanding components does not exceed 1/4 acre.
All underground on-site utility and transmission lines located on
prime agricultural land or prime agricultural soils shall be placed
at a sufficient depth so as not to interfere with surface farming
activities.
(12)
A solar energy system shall not be used to display advertising,
including signage, streamers, pennants, spinners, reflectors, ribbons,
tinsel, balloons, flags, banners and similar materials. The manufacturer's
or installer's identification and any appropriate warning signs and
placards may be displayed on the solar energy system, provided they
comply with the Township's sign regulations.
(13)
The solar energy system shall be kept in good repair and sound
condition. Upon abandonment of use, the solar panels and all related
structures and equipment shall be dismantled and removed from the
lot within 60 days.
(14)
If a ground-mounted solar energy system is removed, any earth
disturbance as a result of the removal of the ground-mounted solar
energy system shall be graded and reseeded.
(15)
Multiple solar energy systems. In the event that a property
owner seeks to install more than one roof-mounted or ground-mounted
solar energy system, the second or subsequent apparatus shall require
approval by the Zoning Officer upon review and certification of the
impact of the same by a registered engineer.
M.
Geothermal energy systems. Open-loop geothermal energy systems and
any system not meeting the definition of a closed-horizontal-loop
geothermal energy system or closed-vertical-loop geothermal energy
system are prohibited in the Township. Closed-horizontal-loop geothermal
energy systems and closed-vertical-loop geothermal energy systems,
as specifically defined, are permitted as accessory structures and
accessory uses in all zoning districts if the following criteria are
met:
[Added 12-6-2012 by Ord. No. 2012-05]
(1)
The design and installation of geothermal energy systems and related
boreholes for geothermal heat pump systems shall conform to applicable
industry standards, including those of the ANSI, the IGSHPA, ASTM,
the AR1, or other similar certifying organizations, and shall comply
with the Building Code and with all other applicable Township requirements.
The manufacturer's specifications shall be submitted as part of the
application. The installer must have at least one representative who
is certified by IGSHPA.
(2)
In all closed-loop geothermal energy systems relying upon circulating
fluids, only nontoxic, biodegradable circulating fluids, such as food-grade
propylene glycol, shall be permitted. No dye shall be permitted.
(3)
Setbacks.
(a)
A geothermal energy system shall not be considered an accessory
structure for purposes of determining the number of accessory structures
permitted on each property.
(b)
Unless otherwise specified, underground geothermal systems shall
be located a minimum distance of 10 feet from any property line.
(c)
Minimum well and borehole isolation distances shall be provided
as follows:
|
Isolation Distance From
|
Borehole and Geothermal Supply and Geothermal Return Well
(feet)
| |
|---|---|---|
|
Lakes, ponds, streams or other surface waters
|
50
| |
|
Storm drains, retention basins, stabilization ponds or stormwater
management facilities
|
25
| |
|
Preparation area or storage area of hazardous spray materials,
fertilizers or chemicals, salt piles
|
100
| |
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste
|
50 or according to easement
| |
|
Existing water and forced sewer buried utilities and/or utility
trenches
|
Outside existing easement or, if no easement exists, no less
than 50 feet from the utility or trench center line
| |
|
Septic tanks, aerobic tanks or holding tanks
|
50
| |
|
Subsurface sewage disposal systems, elevated sand mounds, other
sewage disposal fields
|
100
| |
|
Sewage seepage pits, cesspools
|
100
| |
|
Farm silos, barnyards, privies and fuel tanks
|
50
| |
|
Rainwater pits, ditches
|
25
| |
|
Spray irrigation sites, sewage sludge and septage disposal sites
|
25
| |
|
Dedicated public right-of-way
|
20
|
(4)
Site plan. The construction documents submitted with the application
for a permit shall be accompanied by a site plan showing the size
and location of new well construction, proposed buildings, existing
and proposed on-lot sewage treatment systems, and existing structures
on the site, distances from lot lines, as applicable, flood hazard
areas, floodways, and design flood elevations; and it shall be drawn
in accordance with an accurate boundary line survey. In the case of
demolition or abandonment, the site plan shall show construction to
be demolished or abandoned and the location and size of existing structures
and construction that are to remain on the site or plot. The municipal
official is authorized to waive or modify the requirement for a site
plan when the application for permit is for alteration or repair or
when otherwise warranted.
(5)
Construction requirements. All boreholes must be dug, cased, and
sealed in accordance with all applicable PA DEP regulations and protocol.
(a)
Grouting. Geothermal heating and/or cooling system vertical
heat exchange boreholes containing loop pipes may be filled with approved
grout or bridging or fill materials from their total depth up to a
minimum depth of 50 feet below grade. These vertical heat exchange
boreholes must be filled with only approved grout from a minimum depth
of 50 feet below grade up to the ground surface. If the annular space
around the loop pipes from a minimum depth of 50 feet below grade
up to the ground surface is free from standing water, the approved
grout may be emplaced without pressure pumping through a tremie pipe.
(b)
Completion report. Upon completion of the well or borehole,
submit two copies of DCNR's water well completion report Form 8700-FM-TG-5001S,
as may be amended, to the municipal official and one copy of this
form to the owner. If a geothermal well is constructed, a report shall
be filed with the municipality by the driller indicating the well
was constructed in accordance with this chapter.
(c)
Construction standard. All materials and construction practices
shall conform to the requirements stated in Closed-Loop/Geothermal
Heat Pump Systems Design and Installation Standards, such as, but
not limited to, standards for pressure testing, heat transfer fluids,
etc. All materials and construction practices shall effectively prevent
contamination of groundwater.
(6)
Abandonment. If the geothermal system remains nonfunctional or inoperative
for a continuous period of one year, the system shall be deemed to
be abandoned and shall constitute a public nuisance. The owner shall
remove the abandoned system at his/her expense after a demolition
permit has been obtained in accordance with the following:
(a)
The heat pump and any external mechanical equipment shall be
removed.
(b)
Pipes or coils below the land surface shall be filled with grout
to displace the heat transfer fluid. The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations.
The top of the pipe, coil or boring shall be uncovered and grouted.
(c)
All abandoned wells shall be reported to DCNR on its forms and
a copy provided to the municipality. If available, the original driller's
log should be included along with the details of the well abandonment
procedure. A photograph should be taken of the site, and a reference
map should be made to locate the abandoned well.
N.
Accessory dwellings. In allowing opportunities for creation of accessory
dwelling units within existing single-family detached dwellings or
authorized existing accessory structures, it is the specific intent
of this section to address directly the needs of extended families.
Through the standards in this section, the Township seeks to balance
the desires of extended families to provide a discrete residence for
a family member with the need to protect the existing residential
character of the surrounding neighborhood.
[Added 7-16-2015 by Ord.
No. 2015-03]
(1)
Standards for accessory dwellings. Where authorized as a special
exception or conditional use under the terms of this chapter, accessory
dwellings may be created in accordance with the following standards.
There shall not be more than one accessory dwelling unit created on
any single-family residential lot.
(a)
An accessory dwelling may be occupied by not more than two persons.
An accessory family dwelling unit shall be occupied only by the property
owner's family members, defined as: great-grandparents, grandparents,
parents, children or linear descendants (a family member's spouse
and children are to be included in the definition).
(b)
One of the two dwelling units shall be occupied by the owner
of the lot on which both proposed dwelling units are to be located.
(c)
The floor area of an accessory dwelling unit shall not exceed
700 square feet of floor area.
(d)
All setbacks and total lot coverage for the relevant district
must be met.
(e)
Where an accessory dwelling is proposed to be located within
an accessory structure, the accessory structure must exist on the
same lot as a single-family detached dwelling.
(f)
An accessory family dwelling unit shall not be rented under
any circumstances.
(g)
Changes to existing structures.
[1]
Where a single-family detached dwelling is proposed to contain an accessory dwelling unit, the structure may be expanded as necessary to accommodate the dwelling unit, subject to the limitation on maximum square footage for such accessory dwelling unit as stipulated in Subsection N(1)(c) above. No such expansion shall be located, in whole or in part, in any front yard.
[2]
The exterior of a single-family detached dwelling proposed to
contain an accessory dwelling unit may be altered to add windows and/or
doors necessary in the design and construction of the accessory dwelling
unit. Doors may be added only to the side or rear walls of the structure.
[3]
The applicant shall submit a site plan and elevation plans for
the accessory dwelling unit.
(h)
Where a community sewage system is available to serve the property,
the accessory dwelling shall be connected to and served by such system.
Where a community sewage system is not available, the applicant shall
submit to the Township a permit issued by the Sewage Enforcement Officer
for an on-site sewage disposal system. Such permit shall certify that
the sewage disposal facilities are adequate for the projected number
of residents. Where the existing on-site system is found by the Sewage
Enforcement Officer to be inadequate to serve the projected demand,
no approval shall be given for the accessory dwelling until the system
is improved to meet the requirements and the Sewage Enforcement Officer
issues a permit.
(i)
One off-street parking space shall be required for the accessory
dwelling unit, in addition to those utilized by the principal dwelling.
The additional parking space shall not be located within any required
yard area. The Zoning Hearing Board or Board of Supervisors, as the
case may be, in its consideration of a special exception or conditional
use for the accessory dwelling, may waive or modify this provision
upon clear and convincing evidence from the applicant that the occupant
or occupants of the accessory dwelling unit will not generate the
need for an additional parking space.
(2)
A use and occupancy permit shall be required prior to the occupancy
of an accessory dwelling unit. The permit form, as provided by the
Township, and accompanying required fee shall be submitted by the
property owner. An application to renew the permit shall be submitted
annually prior to the intended continuation of occupancy. It shall
be unlawful for the accessory dwelling unit to be occupied beyond
the operative period of a permit. The accessory dwelling unit shall
be subject to inspection by the Zoning Officer prior to issuance of
the initial use and occupancy permit and then at least once every
three years thereafter while the dwelling unit is occupied, on or
about the date of initial occupancy. The Zoning Officer shall also
inspect the accessory dwelling unit whenever there is a change in
ownership of the property. Whenever there is a change in occupancy
of the accessory dwelling unit, an inspection of the dwelling unit
and issuance of a use and occupancy permit must precede the new occupant
residing in the dwelling unit.
[Amended 1-17-2008 by Ord. No. 2008-02; 1-16-2014 by Ord. No.
2014-01]
A.
Recreational vehicles, trailers (including utility trailers), construction
equipment, school buses, tractor trailers (cabs and/or trailers),
and trucks with a gross weight exceeding 9,000 pounds may be parked
or stored in any zoning district, subject to the following regulations:
B.
While parked or stored, a recreational vehicle, truck, trailer, or
boat shall not be:
C.
Notwithstanding the above, a unit may be parked anywhere on the lot
or street during active loading, unloading, cleaning or servicing
of the unit for a period of time not exceeding 36 hours. Vehicles
shall not be parked in a manner which obstructs the view of motorists.
D.
All areas used for the storage shall be maintained so as to keep
vegetation properly trimmed and debris or litter disposed of regularly.
E.
Leakage of lubricants, fuels and pollutants into the ground or water
is prohibited.
F.
The requirements of this section shall not be applicable to farm
implements and other farm vehicles not normally used as a means of
conveyance on public highways.
G.
Accessory outdoor storage. In all zones, no accessory
outdoor storage is permitted in the front yard.
(1)
In the Residential Zone, accessory outdoor storage
shall be limited to 100 square feet. Any accessory outdoor storage
area shall be set back no less than 50 feet from all property lines
and shall be screened by vegetation or a fence.
(2)
In all zones other than the Residential Zone, accessory
outdoor storage shall be limited to 500 square feet. Any accessory
outdoor storage area shall be set back no less than 100 feet from
all property lines and shall be screened by vegetation or a fence.
H.
Outdoor stockpiling. In all zones, no outdoor stockpiling
of any material is permitted in the front yard. In any R and MU-2
Zone, the outdoor stockpiling of materials (except firewood) for more
than one year is prohibited.
I.
Trash, garbage, or refuse. Except as provided in Article IV of this chapter, the outdoor accumulation of trash, garbage, or refuse for a period exceeding 15 days is prohibited.
J.
Domestic composts. The placement of framed enclosure
composts as an accessory residential use is permitted, subject to
all accessory structure setbacks. Only waste materials from the residential
site shall be deposited within the compost, and in no case shall meat,
or meat by-products, be composted. All composts shall be properly
maintained so as not to become a nuisance to nearby properties.
A.
Accessory or appurtenant structures. The setback regulations
do not apply to:
(1)
Bus shelters, telephone booths; and cornices, eaves,
chimneys, steps, canopies, and similar extensions but do apply to
porches and patios, whether covered or not;
(2)
Open fire escapes;
(3)
Minor public utility structures which do not meet
the definition of a building, articles of ornamentation or decoration;
and
(4)
Fences, hedges and retaining walls.
A.
The height regulations do not apply to the following
structures or projections, provided such structures or projections
are set back a horizontal distance at least equal to their height
from any property line:
(1)
Water towers, antennas (other than communication antennas
and towers), utility poles, smokestacks, chimneys, agricultural buildings,
farm silos, flagpoles, or other similar structures;
(2)
Rooftop structures for the housing of elevators, stairways,
water storage tanks, ventilating fans, and other mechanical appurtenances;
(3)
Parapet walls or cornices used solely for ornamental
purposes if not in excess of five feet above the roof line; and
(4)
Small wind energy system.
[Added 1-17-2008 by Ord. No. 2008-02]
B.
In no case shall any freestanding or rooftop structure
above the maximum permitted height be used for the purpose of providing
additional floor space for residential, commercial or industrial purposes.
A.
A front yard, as provided for in the area and lot
requirements for the various zones, shall be required along each street
on which a corner lot abuts.
B.
On any corner lot, no wall, fence, or other structure shall be erected, altered, or maintained, and no hedge, tree, or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view. On corner lots, no such structure or growth shall be permitted within the clear sight triangle as defined in Chapter 430, Subdivision and Land Development.
All dwelling units must conform to the minimum
habitable floor area following:
A.
Single-family, single-family semidetached dwellings,
two-family over-under dwellings, and townhouse dwelling units: 700
square feet per dwelling unit.
B.
Multiple-family dwellings: 450 square feet per dwelling
unit.
C.
Tiny homes:
150 square feet per dwelling unit.
[Added 12-17-2020 by Ord. No. 2020-07]
[Amended 1-17-2008 by Ord. No. 2008-02]
Except where specifically allowed by definition in § 490-11 or by the specific provisions pertaining to the use in Article IV, only one principal use is permitted per lot in the Mixed Use 1, Mixed Use 2, Quarry, Residential and Rural/Agriculture Zones. More than one principal use is permitted per lot in the Commercial/Industrial and Interchange Zones, provided that each principal use is so situated that it could be subdivided and meet all applicable requirements of the ordinance as though it was on an individual lot.
Except for lots fronting Route 462, every lot hereafter created and every building or structure hereafter erected or moved shall be on a lot which is adjacent to and gains direct access from: a public street; a street dedicated to the Township; or a private street improved to the standards of a public street as established by Chapter 430, Subdivision and Land Development.
A.
Number per lot. No more than one driveway connection
per street frontage shall be permitted.
B.
Setbacks. Driveways shall not connect with a public
street within 50 feet of the right-of-way lines of any intersecting
local streets, 150 feet of the right-of-way lines of a collector or
arterial street, within five feet of a fire hydrant, nor within 10
feet of adjoining lot lines, unless a joint-use driveway straddles
the property line.
C.
Clear-sight triangle. Driveways shall be located and
constructed so that a clear-sight triangle is provided. Two apexes
of the triangle shall be located in both directions along the street
center line, 75 feet from a point where the center line of a driveway
and street intersect. The vertex of the triangle shall be located
along the center line of the driveway, on the site and five feet from
the property/street right-of-way line. No permanent obstructions and/or
plant materials over three feet high shall be placed within the clear-sight
triangle.
 |
D.
Slope. A driveway shall not exceed a slope of more
than 7% within 25 feet of the street right-of-way line.
E.
Road classification. Driveway access shall be provided
to the street of lesser classification when there is more than one
street classification involved.
F.
Driveway width. No driveway shall provide a curb cut
exceeding 24 feet in width; the minimum width of a driveway shall
be eight feet.
G.
Permits. Any driveway intersecting with a state-owned
or Township road shall require the obtainment of a driveway permit
from the Pennsylvania Department of Transportation or the Township,
respectively.
H.
Drainage. Driveways shall not be constructed in a
manner to be inconsistent with the design, maintenance, and drainage
of the street and/or adjoining swales.
I.
Joint-use driveways. A joint-use driveway may serve
no more than four dwelling units. A joint-use driveway shall have
a minimum cartway width of 16 feet. Prior to the issuance of a zoning
permit to enable any development of any existing lot served by a joint
use driveway, the applicant shall present evidence of a recorded agreement
containing all of the terms listed below. In the event of a proposed
subdivision or land development plan proposing a joint-use driveway,
an agreement containing all of the following must be recorded contemporaneously
with the plan:
(1)
A metes-and-bounds description of the easement for
the driveway which shall be not less than 25 feet in width for its
entire length.
(2)
A plan of the entire length of the easement for the
driveway. The private rights-of-way shown on this plan shall remain
private rights-of-way and are not being offered for dedication to
the Township as public rights-of-way.
(3)
Identification of all lots which have any rights to
use the easement and the nature and extent of those rights (e.g.,
access and any limitations on the types of vehicles which may use
the easement to gain access, installation of utilities, etc.)
(4)
Assignment of maintenance responsibility for the driveway.
(5)
A specific prohibition against any owner or occupant
of a lot through which the easement passes from blocking the driveway
or interfering with the use of the driveway in any manner.
(6)
The owners of the lots served by a joint-use driveway,
their heirs and assigns, are prohibited from creating any right or
license to any adjoining landowner to use the private right-of-way
for ingress, egress, regress or utility location or for any other
purpose whatsoever, unless or until the private right-of-way has been
constructed and improved as to conform in all respects with the then
prevailing Township specifications for public streets, or satisfactory
financial security is in place to guarantee the same. In such event,
the right-of-way is intended to become a public road of the Township
and the conditions and restrictions set forth above shall become null
and void.
(7)
The Township shall have no duty, responsibility, or
liability relative to construction, maintenance, repair, or snow removal
of said private right-of-way.
(8)
Financial security shall be posted for private right-of-way
to ensure completion of improvements.
(9)
No further subdivision of lots served by a joint-use
driveway shall be permitted unless or until the private right-of-way
has been constructed and improved as to conform in all respects with
the then prevailing Township specifications for public streets, or
satisfactory financial security is in place to guarantee the same.
In such event, the right-of-way shall become a public road of Hellam
Township and the conditions and restrictions set forth above shall
become null and void.
J.
Townhouses on individual lots: driveway and garage
requirements. Townhouses on individual lots are permitted to utilize
driveways and garages if such driveways only connect with local roads
or alleys, and they comply with the following requirements:
(1)
Lots with a driveway located within the front yard
must be arranged as a side-by-side joint driveway with an adjoining
townhouse. Such driveway must be set back at least 10 feet from any
lot line of an adjoining townhouse that does not share the joint driveway,
20 feet from any other driveway or access drive, and five feet from
the closest point of any building except where attached to a garage.
No individual driveway shall be wider than 12 feet. See Lots 1 and
2 on the following Townhouses on Individual Lots Diagram.
(2)
Lots with a garage located within the front yard must
be located no less than 25 feet from the street right-of-way, eight
feet from any lot line of an adjoining townhouse that does not share
a joint driveway, and five feet from any building, except where the
garage is attached to the townhouse. Such garage must also rely upon
a joint use driveway as regulated by the above Subsection L(1). See
Lots 3-6 on the following Townhouses on Individual Lots Diagram.
(3)
Lots with a driveway located within a rear yard must
be arranged as a side-by-side joint driveway with an adjoining townhouse.
Such driveway must be set back at least 10 feet from any lot line
of an adjoining townhouse that does not share the joint driveway,
20 feet from any other driveway or access drive, and five feet from
the closest point of any building, except where attached to a garage.
Within the rear yard, a driveway may have a maximum width of 24 feet,
so long as the other setbacks are provided. See Lots 9 and 10 on the
following Townhouses on Individual Lots Diagram.
(4)
Lots with a garage located within the rear yard must
be located no less than 20 feet from the rear lot line, eight feet
from any lot line of an adjoining townhouse that does not share a
joint driveway, and five feet from any building, except where the
garage is attached to the townhouse Such garage must also rely upon
a joint driveway as regulated by the above Subsection L(3). See Lots
7 and 8 on the following Townhouses on Individual Lots Diagram.
 |
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K.
Townhouses on common property: driveway and garage
requirements. Townhouses on common property are permitted to utilize
driveways and garages if such driveways only connect with local roads,
access drives, or alleys, and they comply with the following requirements:
(1)
A driveway located between a townhouse and a local
road, access drive or alley must be arranged as a side-by-side joint
driveway with an adjoining townhouse. Such driveway must be set back
at least 20 feet from any other driveway or access drive, 10 feet
from any townhouse or other building not served by the joint driveway,
and five feet from the townhouse, except where it includes an attached
garage. No individual driveway connecting with a local road or access
drive shall be wider than 12 feet. A driveway connecting with an alley
may have a maximum width up to 24 feet, so long as the other setbacks
are provided. See Units 1-6 on the following Townhouses on Common
Property Diagram.
(2)
A garage located between a townhouse and a local road,
access drive or alley must be located no less than 25 feet from the
street right-of-way or access drive cartway (whichever provides for
the greater setback), 20 feet from the alley right-of-way or cartway
(whichever provides for the greater setback), eight feet from any
townhouse that does not share a joint-use driveway, 16 feet from any
other garage, 18 feet from any driveway except the one providing access
to the garage, and five feet from the townhouse, except where it is
attached to the townhouse. Such garage must also rely upon a joint
driveway as regulated by the above Subsection M(1). See Lots 6-10
on the following Townhouses on Common Property Diagram.
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A.
General. Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be designed and constructed in accordance with Article VI of Chapter 430, Subdivision and Land Development, and provided whenever:
B.
Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 490-33 of this chapter. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.
C.
Design standards. Parking lot dimensions shall be
no less than those listed in the table below, except that:
(1)
In parking structures, aisle widths may be reduced
by 20%; and
(2)
Handicapped parking spaces shall be provided so as
to meet applicable state and federal regulations governing the number,
size and location of such facilities.
|
Dimensions of Stalls and Aisles
| |||||
|---|---|---|---|---|---|
|
Angle of Parking
|
Parking Space Width
(feet)
|
Parking Space Depth
(feet)
|
Aisle One-Way
(feet)
|
Aisle Two-Way
(feet)
| |
|
90°
|
9
|
18
|
24
|
24
| |
|
60°
|
9
|
20
|
18
|
20
| |
|
45°
|
9
|
19
|
15
|
20
| |
|
30°
|
9
|
15
|
12
|
20
| |
|
Parallel
|
8
|
22
|
12
|
20
| |
D.
Site plan approval.
(1)
Each application for a building permit (for a use
for which parking spaces are required) shall include a drawing (site
plan) showing the proposed layout of the lot. The drawing shall clearly
indicate all of the design elements required below; and
(2)
No building permit shall be issued for any use for
which parking spaces are required unless the site plan has been approved
or necessary variances have been obtained.
E.
Joint parking lots.
(1)
In commercial shopping centers over three acres in
size, joint parking lots may be permitted. These joint facilities
can reduce the total number of parking spaces required by a maximum
of 20%. Therefore, the resulting joint parking lot will be required
to provide at least 80% of the total number of spaces required by
the sum of all of the shopping center's tenants. Such reduced parking
spaces must be appropriately distributed upon the lot to provide convenient
walking distance between every vehicle and each of the shopping center's
stores; and
(2)
Required parking spaces may be provided in spaces
designated to jointly serve two or more establishments or uses, provided
that the number of required spaces in such joint facility shall be
less than the total required separately for all such establishments
or uses. Where it can be conclusively demonstrated that one or more
such uses will be generating a demand for parking spaces, primarily
during periods when the other use(s) is not in operation, the total
number of required parking spaces may be reduced to:
F.
Reduction in minimum parking requirements.
(1)
As a conditional use, an applicant may prove to the
satisfaction of the Township that the minimum amount of off-street
parking should be modified for a specific application because of one
or more of the following characteristics:
(a)
The applicant proves that the parking will be
shared with another use that will reduce the total amount of parking
needed because the uses have different peak times of parking need,
and that there is a legally guaranteed method to make sure that the
parking will continue to be available during all of the years that
the use is in operation; or
(b)
The applicant proves that the parking demand
for a particular use is unusually low because of some unusual and
peculiar characteristic of the use.
(2)
The following conditions must be satisfied to be granted
the conditional use:
(a)
A plan showing all required spaces, access ways and buffer areas, in strict conformance with the requirements of Subsection H, and indicating those improvements which are to be constructed.
(b)
The area in which the spaces are not to be constructed
shall be leveled and may remain in grass or other stabilized pervious
surface, so as to provide for overflow parking for other, seasonal
or event peak times.
(c)
Satisfactory documentation shall be submitted
attesting the reduced need for off-street parking.
(d)
The Landowner shall enter into an agreement
with the Township agreeing to construct the improvements that have
been waived within six months of notification from the Township. Failure
of the landowner to construct said improvements shall automatically
give the Township the right to construct said improvements and lien
all costs associated therewith on the property.
(e)
The modified proposed number of spaces shall
be at least 75% of those required by this chapter via conditional
use.
G.
Prohibited uses of a parking lot. Automobile parking
lots are for the sole purposes of accommodating the passenger vehicles
of persons associated with the use which requires them parking lots
shall not be used for the following:
(1)
The sale, display or storage of automobiles or other
merchandise;
(2)
Performing services (including services to vehicles);
(3)
Required off-street parking space shall not be used
for loading and unloading purposes except during hours when business
operations are suspended; and
(4)
Except in specifically designated areas, the parking
of trucks in excess of 9,000 pounds GVW, or recreational vehicles
as defined herein.
H.
Schedule of required parking spaces. The following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use. For uses that do not have a specific number of required off-street parking spaces referenced within the following schedule, the Zoning Officer shall use that standard which best approximates the needed number of required off-street parking spaces. Applicants who do not agree with the Zoning Officer's determination may appeal under § 490-143 of this chapter.
[Amended 10-4-2018 by Ord. No. 2018-06; 10-4-2018 by Ord. No. 2018-08; 8-15-2019 by Ord. No. 2019-04; 12-17-2020 by Ord. No. 2020-07]
|
Uses
|
Minimum of One Parking Space for Each
|
|---|---|
|
Adult-related uses
|
100 square feet of gross floor area plus 1 space
per employee on the largest shift
|
|
Agricultural research lab
|
500 square feet of gross floor area
|
|
Airports/heliports
|
Four air vehicles stored outside
|
|
Amusement arcades
|
80 square feet of gross floor area plus the
required number of spaces for all accessory uses (e.g., snack bar,
tavern. etc.) as listed elsewhere within this schedule
|
|
Animal hospitals and kennels
|
400 square feet of gross floor area plus 1 space
per employee
|
|
Automobile filling stations, (including minor
incidental repair)
|
One fuel pump plus 1 space per employee on the
largest shift (plus 1 space for each 400 square feet of gross floor
area devoted to repair and service facilities if minor incidental
repair)
|
|
Banks and similar financial institutions
|
200 square feet of gross floor area plus 1 space
per employee
|
|
Barber, beauty, tanning, and health salons and
spas
|
150 square feet of gross floor area plus 1 space
per employee
|
|
Bed-and-breakfast
|
One guest room plus 1 space per employee or
one-half dwelling unit (i.e., two spaces per dwelling unit), whichever
is greater
|
|
Boarding houses
|
One guest room plus 1 space per employee or
one-half dwelling unit (i.e., two spaces per dwelling unit), whichever
is greater
|
|
Business park
|
200 square feet of gross floor area
|
|
Campgrounds
|
In addition to those required in Article IV, plus 1 space per employee plus 50% of the required number of spaces normally required for all accessory uses as listed elsewhere within this schedule
|
|
Car washes
|
One employee on the largest shift
|
|
Casino, category 4
|
1 for each 50 square feet of floor area
|
|
Cemeteries
|
One employee
|
|
Churches and related uses
|
Four seats or 200 square feet of gross floor
area, whichever is larger
|
|
Commercial convenience center
|
100 square feet of gross floor area plus 1 space
per employee on the two largest shifts
|
|
Communication antennas, towers and equipment
|
One structure
|
|
Conservation design development
|
One-half dwelling unit (i.e., two spaces per
dwelling unit)
|
|
Contractor's office or shop
|
One facility vehicle plus 1 space for each 1,000
square feet of gross floor area
|
|
Convenience store
|
100 square feet of gross floor area plus 1 space
per employee on the two largest shifts
|
|
Convention centers
|
100 square feet of gross floor area for public
use, but not less than 1 space for each two seats
|
|
Day-care facilities, commercial
|
Six students enrolled plus 1 space per teacher
|
|
Day-care facilities, family
|
One-half dwelling unit (i.e., two spaces per
dwelling unit) plus 1 space per employee
|
|
Dry cleaners and laundries
|
400 square feet of gross floor area plus 1 space
per employee
|
|
Event venue
|
60 square feet of gross floor area plus 1 space per employee
|
|
Farmers market and/or flea market
|
200 square feet of retail sales area
|
|
Farm-related businesses
|
One employee but not less than 4 spaces
|
|
Funeral homes
|
100 square feet of gross floor area plus 1 space
per each employee plus 1 space per piece of facility vehicles such
as hearses and limousines
|
|
Furniture sales
|
500 square feet of gross floor area
|
|
Golf courses
|
One-eighth hole (i.e., eight spaces per hole)
plus 1 space per employee plus 50% of the required number of spaces
normally required for all accessory uses as listed elsewhere within
this schedule
|
|
Golf driving ranges
|
One tee plus 1 space per employee
|
|
Greenhouses and nurseries
|
1,000 square feet of retail sales area
|
|
Group homes
|
One guest room plus 1 per employee
|
|
Health and fitness clubs
|
100 square feet of gross floor area
|
|
Health care campuses, nursing homes and hospitals
|
One and one-half accommodations (i.e., 2 spaces
per 3 beds) plus 6 spaces per doctor, dentist or therapist plus 1
space per other employee
|
|
Home improvement and building supply stores
|
200 square feet of interior retail sales area
plus 1 space for each 500 square feet of exterior retail sales area
|
|
Home occupations
|
One-half dwelling unit (i.e., two spaces per
dwelling unit) plus 1 space per potential patron on site at one time
|
|
Hotels, motels and similar lodging facilities
|
One guest room plus 1 space per employee on
two largest shifts plus the required number of spaces for all accessory
uses (e.g., snack bar, tavern, etc.) as listed elsewhere within this
schedule
|
|
Intensive commercial or industrial use (square
feet if less than or equal to 2 acres, CU if greater than 2 acres)
|
One employee on each of the two largest shifts,
of 1 per employee and at least 1 space per each 1,000 square feet
of gross floor area, whichever is the greatest number
|
|
Junkyards
|
1/2 acre plus 1 space per employee
|
|
Laboratories for scientific or industrial research,
development or testing
|
500 square feet of floor area
|
|
Laundromats
|
Two washing machines plus 1 space per each employee
on the largest shift
|
|
Manufacturing, storage and/or wholesaling of
light industrial uses
|
One employee on each of the two largest shifts,
or 1 per employee and at least 1 space per each 1,000 square feet
of gross floor area, whichever is the greatest number
|
|
Medical clinic
|
One-sixth physician, dentist and/or therapist
(i.e., 6 spaces per physician, dentist and/or therapist)
|
|
Medical residential campuses
|
One and one-half accommodations (i.e., 2 spaces
per 3 beds) plus 6 spaces per doctor or therapist plus 1 space per
other employee
|
|
Methadone treatment facilities
|
One-sixth physician, dentist and/or therapist
(i.e., 6 spaces per physician dentist and/or therapist)
|
|
Mini warehouses
|
Twenty-five units plus 1 space per 250 square
feet of office space plus 2 spaces per resident manager
|
|
Mobile home
|
One-half dwelling unit (i.e., two spaces per
dwelling unit)
|
|
Motor vehicle sales facilities
|
1,000 square feet of gross indoor and outdoor
display areas
|
|
Motor vehicle service facilities
|
400 square feet of gross floor and ground area
devoted to repair and service facilities in addition to areas normally
devoted to automobile storage plus 1 space per employee on major shift
|
|
Multiple-family dwelling or multiple townhouse
on a single lot
|
One-half dwelling unit (i.e., two spaces per
dwelling unit). Such parking spaces can take the form of private driveways
or garages and/or common parking lots, both of which must be within
150 feet of the unit served
|
|
Nightclubs and taverns
|
100 square feet of gross floor area plus 1 space
per employee on the largest shift
|
|
Off-track betting parlors
|
65 square feet of gross floor area
|
|
Other commercial buildings
|
200 square feet of gross floor area
|
|
Personal care facility
|
Three accommodations (beds) plus 1 space for
each doctor and support staff
|
|
Photographic, music, art and dance studios
|
400 square feet of gross leasable area
|
|
Planned commercial center
|
See Article IV
|
|
Principal waste handling facilities
|
One employee on largest shift, or 1 space per
1,000 square feet of floor area, whichever is greater
|
|
Private clubs
|
100 square feet of gross floor area plus 1 space
per employee on two largest shifts
|
|
Professional offices
|
300 square feet of gross floor area
|
|
Public parks and playgrounds
|
One-half acre (i.e., two spaces per acre) and
existing parking may fulfill the requirements
|
|
Public transportation depot
|
Four seats for waiting passengers plus 1 space
per employee on the largest shift
|
|
Public uses and public utilities structures
|
One structure
|
|
Quarries and other extractive-related uses
|
One employee on the largest shift
|
|
Recreation facilities: athletic fields
|
Four seats of spectator seating; however, if
no spectator seating is provided, such area must provide sufficient
numbers of spaces to serve all users of the site, and include a fence
delineating such parking area
|
|
Recreation facilities: bowling alleys and Billiard
rooms
|
One-quarter lane (i.e., four spaces per lane)
or each one table plus 1 space per employee
|
|
Recreation facilities: miniature golf courses
|
One-half hole (i.e., two spaces per hole) plus
1 space per employee
|
|
Recreation facilities: picnic areas
|
One-half table (i.e., two spaces per table)
|
|
Recreation facilities: skating rinks
|
Two persons of legal occupancy
|
|
Recreation facilities: swimming pools (other
than one accessory to a residential development)
|
Two persons of legal occupancy
|
|
Recreation facilities: tennis or racquetball
clubs
|
One-quarter court (i.e., four spaces per court),
1 space per employee plus 50% of the spaces normally required for
accessory uses
|
|
Recycling dropoff facilities
|
One employee on the largest shift
|
|
Recycling processing facilities
|
One employee on the two largest shifts
|
|
Regulated hunting grounds
|
Minimum of 25 unpaved gravel spaces
|
|
Repair of small goods
|
600 square feet of gross floor area
|
|
Restaurants
|
Two seats plus 1 space per employee on the two
largest shifts
|
|
Restaurants: drive-through
|
Two seats plus 1 space per employee on the two
largest shifts (or if no seating, 1 space for 60 square feet of gross
floor area with a minimum of 10 spaces)
|
|
Restaurants: fast-food
|
Two seats plus 1 space per employee on the two
largest shifts
|
|
Retail sales in Rural-Agricultural Zone (R-A)
|
200 square feet of gross floor area
|
|
Retail sales or rental business, excluding adult-related
uses
|
200 square feet of gross floor area of display
area or retail sales area plus 1 per every two employees
|
|
Retail service business
|
200 square feet of gross floor area of display
area or retail sales area plus 1 per every two employees
|
|
Riding stables
|
Two stalls plus 1 space per two seats of spectator
seating
|
|
Roadside stands
|
Minimum 3 spaces required
|
|
Rural occupations
|
One-half dwelling unit (i.e., two spaces per
dwelling unit) plus 1 space per potential patron on site at one time
|
|
Sawmills
|
One employee on the largest shift
|
|
School, commercial
|
Four students plus 1 space for per teacher
|
|
School, private and public (less than 10th grade,
including kindergarten)
|
Six students enrolled plus 1 space per teacher
|
|
School, private and public (greater than or
equal to 10th grade, including colleges)
|
Three students enrolled plus 1 space per teacher
|
|
School, vocational/mechanical trade and adult
education facilities
|
One and one-half students enrolled
|
|
Secondary farm occupation
|
Two spaces per dwelling unit plus 1 space per nonresident employee
|
|
Shooting range, indoor
|
One-half shooting station or target aisle (i.e.,
2 spaces per shooting or target area), but not less than 1 space for
each 4 seats
|
|
Shooting range, outdoor
|
Minimum of 10 unpaved gravel spaces
|
|
Shopping centers
|
See Article IV
|
|
Single-family detached dwelling
|
One-half dwelling unit (i.e., two spaces per
dwelling unit)
|
|
Slaughtering, rendering, processing and packaging
of food products and their by-products which are produced from remains
of animals
|
One employee on the two largest shifts
|
|
Stockyards and feedlots
|
One employee on the largest shift
|
|
Theaters
|
Four seats, but half of which may be met by
convenient parking shared with other business uses on same lot typically
and not routinely open after 9:00 p.m. plus 1 space for each employee
|
|
Townhouse
|
One-half dwelling unit (i.e., two spaces per
dwelling unit); such parking spaces can take the form of private driveways
or garages and/or common parking lots, both of which must be within
150 feet of the unit served
|
|
Truck stops and motor freight terminals
|
1,000 square feet of area, or 1 space per employee
on the two largest shifts
|
|
Two-family conversions
|
One-half dwelling unit (i.e., two spaces per
dwelling unit) in addition to the existing DU required spaces
|
|
Two-family over-under dwelling
|
One-half dwelling unit (i.e., two spaces per
dwelling unit)
|
|
Two-family side-by-side dwelling
|
One-half dwelling unit (i.e., two spaces per
dwelling unit)
|
|
Village overlay developments
|
One-half dwelling unit (i.e., two spaces per
dwelling unit)
|
|
Warehousing and wholesale trade establishments
|
One employee on each of the two largest shifts
|
|
Waste handling facilities, principal
|
One employee on largest shift, or 1 space per
1,000 square feet of gross floor area
|
|
Wholesale produce and tobacco auctions
|
400 square feet of floor area plus 1 space per
employee on the largest shift
|
A.
Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be designed and constructed in accordance with Article VI of Chapter 430, Subdivision and Land Development, and provided whenever:
B.
Site plan approval.
(1)
Each application for a building permit (for use for
which off-street loading spaces are required) shall include a drawing
(site plan) showing the proposed layout of the loading area. The drawing
shall clearly indicate the design elements required below; and
(2)
No building permit shall be issued for any use for
which a loading area is required unless the site plan has been approved
or necessary variances have been approved.
(3)
All off-street loading spaces shall be located so
that no vehicle shall need to maneuver on, or back up onto, a public
street.
C.
Off-street loading spaces required. The applicant
shall be required to demonstrate the need for, and adequacy of, the
proposed number of off-street loading spaces proposed.
[1]
Editor’s Note: Former § 490-37, Screening and landscaping
requirements, as amended, was repealed 10-17-2019 by Ord. No. 2019-07.
A.
General intent. The sign regulations, controls and
provisions set forth in this section are made in accordance with an
overall plan and program for the provision of public safety, land
development, preservation of property values, and the general welfare
of the Township of Hellam and are intended to:
(1)
Aid in traffic control and traffic safety;
(2)
Preserve and protect property values;
(3)
Lessen congestion of land and air space;
(4)
Provide against undue concentrations of signs which
distract and endanger traffic safety and traffic flow;
(5)
Establish reasonable standards for commercial and
other advertising through the use of signs in order to maintain and
encourage business activity and development;
(6)
Recognize the rights of the public in roads, streets,
highways and the areas adjacent to those roads, streets and highways;
(7)
Preserve the wholesome and attractive character of
the Township; and
(8)
Recognize that the general welfare includes a community
that shall be attractive, as well as healthy, spacious as well as
clean, and well-balanced in its growth and development.
B.
Existing signs. Any sign which lawfully existed and was maintained
at the effective date of this chapter may be continued, provided such
sign is constructed of durable materials and is kept in good condition
and repair.
[Added 7-18-2013 by Ord. No. 2013-06]
C.
General regulations for all signs.
[Amended 7-18-2013 by Ord. No. 2013-06]
(1)
Signs must be constructed of durable material and maintained in good
condition.
(2)
Advertising painted upon or displayed upon a barn or other building
or structure shall be regarded as a flat wall sign, and the regulations
pertaining thereto shall apply.
(3)
No loud, vulgar, indecent, or obscene advertising matter shall be
displayed in any manner, including, but not limited to:
(4)
In the event that a symbol, trademark or other such figure is used
as a signpost or standard which could be construed to indicate or
identify a particular use or business, that symbol, trademark or figure
is to be computed as part of the total allowable sign area.
(6)
Sign maintenance.
(a)
No sign shall be maintained within the Township in such a state
of disrepair as to have the appearance of complete neglect, which
is rotting or falling down, which is illegible, or which has loose
parts separated from original fastenings.
(b)
Whenever a sign becomes structurally unsafe or endangers the
safety of the building or premises, or endangers the public safety,
the Zoning Officer shall give written notice to the owner of the premises
on which the sign is located that such sign must be made safe or removed
within five days.
(c)
Any business that has closed shall remove any signs associated
with the business within 60 days after it closes, though the supporting
structure may remain as long as it does not become blighted. The owner
of the premises shall have the responsibility to ensure such signs
are removed within the sixty-day period.
(7)
Sign lighting and illumination.
(a)
Signs shall be externally illuminated with decorative fixtures,
backlit, halo-lit illumination, or reverse channel letters with halo
illumination, or may be illuminated by floodlights or spotlights that
are shielded so that no light is directed or reflected toward any
residence within 100 feet of the sign nor toward any public rights-of-way.
(b)
Signs which are interior-lighted with nonglaring lights, or
directly illuminated, designed to give forth artificial light directly
or through transparent or translucent material from a source of light
within such sign, including but not limited to neon and LED, will
be permitted within the C/I, MU-1, MU-2 and I Zones, provided that
no light is directed or reflected toward any residence within 100
feet of the sign nor toward any public rights-of way.
[Amended 10-4-2018 by Ord. No. 2018-07]
(c)
No sign within the R Zones shall include lighting.
(d)
No sign shall be of the intermittent flashing or rotating type.
[Amended 10-4-2018 by Ord. No. 2018-07]
(e)
Signs which are illuminated in the color red, green, or yellow
either by colored bulbs or tubing, or in high reflection by the use
of special preparations such as fluorescent paint or glass, may not
be located within a radius of 300 feet of a highway traffic light
or similar safety device or from the center of any street intersection.
(f)
All electrically illuminated signs shall be constructed to the
standards of the National Board of Fire Underwriters.
(8)
Sign location.
(a)
No sign shall be located in any sight triangle or in any manner
so as to interfere with visibility for motorists at street or driveway
intersections.
(b)
Signs must be positioned so that they do not interfere with
any clear sight triangle.
(c)
No sign shall be erected or located as to prevent free ingress
or egress from any window, door or fire escape.
(d)
No sign shall be placed in such a position that it will obscure
light or air from a building or which would create a traffic danger.
(e)
No sign shall be permitted which is permanently attached to
public utility poles nor trees which are within the right-of-way of
any street.
(f)
No point of any sign, including trim, border and supports, shall
be located within 10 feet of any property line or street right-of-way
line, except property control signs.
(g)
Any sign attached to a building shall not be placed on the roof
or be higher than the wall to which it is attached.
(h)
No point of a wall projecting sign shall be located less than
8 1/2 feet above the grade directly below the sign.
(9)
Nothing in these regulations shall be construed as prohibiting signs
intended for viewing principally from within a building or signs temporarily
attached to the inside face of a display window, announcing a sale
or similar feature, provided that the latter shall not occupy more
than 1/3 of the total display window area for a period not to exceed
10 days. Such signs shall be permitted in addition to any of the specific
sign types designated on the tables in Attachments 3 through 5.
(10)
Determination of size of sign area.
(a)
The area of a sign shall be construed to include all lettering,
wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, including any
border framing or decorative attachments.
(b)
Except as provided for in § 490-44E, the base of any freestanding sign shall not be included in the measurement for determining the area of the sign. However, the base shall not be used for any portion of the message, whether verbal or pictorial, nor shall it be used for the placement of any future signs, whether permanent or temporary.
(c)
Where the sign consists of individual letters or symbols attached
to a building, wall or window, the area of the sign shall be considered
to be that of the smallest rectangle or other regular geometric shape
which encompasses all of the letters and symbols.
(d)
If a sign includes two attached sides of the same size, then
only one side shall be considered for the purposes of determining
compliance with the maximum sign area. However, if the interior angle
of two attached sides of a sign is greater than 45°, or if a sign
includes three or more sides, then the maximum sign area limit shall
apply to the aggregate total of all of the sign faces.
Example of sign area determination:
 |
(11)
Portable signs shall be permitted in the C/I, MU-1 and MU-2
Zones, subject to the following criteria:
(a)
A sign permit must be obtained. For charitable and nonprofit
organizations, the fee will be waived.
(b)
No flashing lights are permitted.
(c)
Only one portable sign shall be permitted per street frontage,
with a minimum setback from the right-of-way of 10 feet or the building
face.
(d)
The placement of the sign shall not be located on the lot for
more than 30 consecutive days per event. In addition, the placement
of the sign may not exceed two events per year.
(e)
The maximum height allowed shall be 10 feet, and the maximum
projection from any building shall be 12 inches.
(f)
Removal shall occur within seven days after the event.
(g)
The maximum size permitted shall be 32 square feet; such area
shall not be included in the computation of maximum surface area for
another type of permitted sign.
(h)
The placement of such sign shall not interfere with traffic
or with sight distance at street intersections and accesses to the
public right-of-way.
(12)
Buntings and pennants are permitted only to announce the opening
of a new business or industry or in connection with a civic event
and must be removed after 30 days.
(13)
Personal expression sign: any sign that expresses an opinion,
interest, or position. Such signs do not include political or business
identification signs.
(a)
Personal expression signs meeting the criteria below shall be
exempt signs. Larger personal expression signs shall be permitted
in nonresidential zones by permit. Exempt personal expression signs
shall include banner, freestanding, wall or window signs that meet
the following criteria:
D.
Specific sign requirements. Only the types of permanent, temporary
and planned center signs listed in Attachments 3 through 5 shall be
permitted throughout the Township. Signs must conform to the standards
set forth in the table as well as satisfy the general regulations
of this section. Within 30 days of the effective date of this chapter,
all property owners utilizing a temporary sign requiring a permit
shall either obtain a zoning permit or remove the sign.
[Amended 7-18-2013 by Ord. No. 2013-06]
E.
Prohibited signs. The following type of signs shall not be permitted
in the Township:
[Added 7-18-2013 by Ord. No. 2013-06]
(1)
Signs of such a design and location that they interfere with, compete
for attention with, or may be mistaken for a traffic signal. This
shall include any sign visible from the public right-of-way which
uses an arrow device or the word "stop." It shall also include signs
in which the colors red and green are used either in direct illumination
or in high reflection by the use of special preparation, such as fluorescent
paint or glass.
(2)
Any sign located in or extending into a public right-of-way, except
those owned or operated by a duly constituted government.
(3)
Any freestanding or projecting sign within an area bounded by the
intersection of two rights-of-way and 20 feet from such intersection
along the rights-of-way, except permanent, on-site directional signs
less than three feet in height.
(5)
Revolving or oscillating signs.
(6)
Tethered balloons larger than 12 inches in diameter or attached by
a tether longer than five feet, filled either by gas or heated air;
this includes air dancers, tube dancers, air tubes and inflatable
signs.
(7)
Mobile.
(8)
Signs erected without the permission of the property owner or authorized
agent.
F.
Nonconforming signs.
[Amended 12-6-2012 by Ord. No. 2012-05; 7-18-2013 by Ord. No.
2013-06]
(1)
General provisions.
(a)
Nonconforming signs shall be maintained in good condition.
(b)
A nonconforming sign shall not be altered, modified or reconstructed
except:
[1]
When such alteration, modification or reconstruction would bring
such sign into conformity with these regulations.
[2]
When the existing use has new ownership which results in a change
in the name or logo of the use or business on the property.
[3]
When the space is reoccupied by a similar use and the new occupant
requires no external building or site renovation.
[4]
Any alteration, modification or reconstruction permitted in this section shall be limited to the replacement of a sign panel, replacing individual letters and logos within the same area or repainting a sign face and does not permit changes to the structure, framing, erection or relocation of the sign unless such changes conform to Subsection F(1)(a) above.
G.
Sign permits. For signs requiring permits, the following requirements
shall apply prior to the erection of said signs:
[Amended 12-6-2012 by Ord. No. 2012-05; 7-18-2013 by Ord. No.
2013-06]
(1)
Permit applications.
(a)
An application for a permit shall be made at the Township office.
(b)
Application shall be made on a form to be provided by the Township
and shall contain the following information and documentation:
[1]
The name(s) and address(es) of the sign owner and the landowner;
[2]
A statement from the landowner granting permission for the placement
of the sign on the subject property;
[3]
A drawing to scale, showing the location of the sign with reference
to the adjoining property lines and streets;
[4]
A drawing to scale, showing all dimensions of the sign. For
a directional sign or an on-premises sign advertising activities being
conducted on the property, the drawing shall also contain an accurate
representation of the advertising or informative contents of the sign;
and
[5]
A description of the construction materials of the sign and
its manner of installation.
(c)
Each application shall be accompanied by the appropriate fee,
as established by the Board of Supervisors.
(d)
All applications shall be reviewed, and permits issued, by the
Zoning Officer. No sign permit shall be issued except in conformity
with the regulations of this chapter, except upon order of the Zoning
Hearing Board, granted pursuant to the procedures established for
the issuance of a variance.
(2)
Permit issuance. Following permit application approval, a sign permit
will be issued by the Zoning Officer upon receipt of all required
fees. If there is any change in location or dimensions of any sign,
or in advertising or informative contents of a sign, a new permit
shall be required.
[Amended 3-15-2018 by Ord. No. 2018-02]
For the purposes of this chapter, the Township's
roads shall be classified in the following categories:
|
Major Arterial
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Minor Arterial
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Major Collector
|
Minor Collector
|
Local Road
|
|---|---|---|---|---|
|
U.S. Route 30
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Lincoln Highway (S.R. 462)
|
Druck Valley Road
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Codorus Furnace Road/Furnace Road
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All other roads not listed
|
|
Kreutz Creek Road between S.R. 462 and Creek Lane
|
Kreutz Creek Road between Druck Valley Road and Creek Lane
|
Hauser School Road
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Frysville Road
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Cool Springs Road from Hauser School Road to U.S. Route 30
| |||
|
Yorkana Road
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Ducktown Road
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Cool Springs Road from U.S. Route 30 to S.R. 462
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|
Cool Creek Road
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Front Street/Long Level Road from S.R. 462 south
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No persons or family shall be permitted to permanently
reside within any tent, travel trailer, bus, boat, camper, or motor
home. However, temporary occupancy of a tent, travel trailer, camper,
or motor home shall be permitted within an approved campground or
for periods of up to seven days in any calendar year on the property
of a friend or relative.
All uses requiring a traffic impact report shall provide a study prepared by a professional engineer, or traffic engineer, with demonstrable expertise in traffic, in accordance with the requirements of Chapter 430, Subdivision and Land Development.
A.
Procedure. All applications submitted subject to this
section shall be reviewed and approved by the Zoning Officer after
review by the Township Engineer and/or any other specified agent of
the Township. Should the Zoning Officer determine that the applicant's
statement does not adequately meet the requirements, the application
shall be denied.
B.
General requirements. Prior to the issuance of occupancy
permits for residential lots that would be served by individual or
community water systems, the applicant shall demonstrate compliance
with the following requirements:
(1)
All proposed wells shall be drilled and well water
yields tested and evaluated by a qualified water well driller, geologist
or professional engineer. A well water yield test shall be conducted
for a minimum of one hour at a fixed rate of water removal of three
gallons per minute for each unit of occupancy. It is recommended,
but not required, that a pump be installed to measure well water yield,
because of its greater accuracy over bailing methods It is further
recommended, but not required, that well water yield not be measured
until 24 hours to 48 hours after drilling and any installation of
a pump, to allow the water level to recover and to ensure greater
accuracy in reported well water yields. A data sheet shall be prepared
showing the following for each pumped well:
(2)
A water quality sample shall be drawn, concurrently
with the well water field test, by a DEP-certified commercial laboratory,
and tested for nitrates, total coliform, and fecal coliform. The data
sheet and summary of test results, together with recommendations as
to the suitability of the well or wells for the intended uses and
the results of the water quality test, shall be provided to the Township.
All reports shall include the name of the individual performing the
test, procedures used for sampling, time and date of sampling and
the location from which the sample was taken.
(3)
All laboratories shall maintain on file with the Township
a current copy of their qualifications and their compliance reports.
(4)
All wells shall be shown to be capable of supplying
potable water at a minimum rate of 400 gallons per day per unit of
occupancy at a demand rate of not fewer than three gallons per minute
per unit of occupancy for one hour, either with or without the use
of a storage system.
(5)
If a storage system is needed to meet the above minimum
requirements, the applicant shall note the recommended capacity of
such storage system together with well water yield and well water
quality results on any subdivision or land development plan.
A.
Required information. All commercial, industrial,
institutional, and health-care related uses shall be required to continuously
maintain the following information regarding materials and waste handling,
including:
(1)
Listing of all materials to be used and/or produced
on the site;
(2)
Listing of all wastes generated on the site; and
(3)
Written evidence that the storage, treatment, processing,
transfer, and disposal of all materials and wastes shall be accomplished
in a manner that complies with all applicable federal, state, county,
and municipal requirements, including, but not limited to, the following:
B.
Material safety data (MSDS) sheets. All commercial,
industrial, institutional, and health-care-related uses shall be required
to furnish material safety data sheets (MSDS) to the Township within
30 days of receipt of any required MSDS update.
A.
Purpose and intent.
(1)
It is the intent of this section to establish regulations
governing development along the Lincoln Highway (SR 462) which will
preserve and enhance the safe and efficient flow of pedestrians and
vehicles, reduce traffic congestion; and arrest the deterioration
of existing residential, commercial and industrial uses while giving
due consideration to preserving the existing, rural community character
of Hellam Township.
(2)
The Lincoln Highway is a major thoroughfare within
the Township. The Lincoln Highway itself is an historic route. Once
known as the York-Wrightsville Turnpike, the road became part of the
first transcontinental highway, the Lincoln Highway, in 1912. The
Lincoln Highway itself represents a significant part of the history
of Hellam Township, and there are many structures of historic significance
along its route through the Township. The Lincoln Highway is principally
a three-lane highway bordered by a variety of uses developed through
its history.
(3)
The Township recognizes the desire of landowners to
develop uses along Route 462 the Lincoln Highway. The development
of the abutting properties must be balanced against the need to insure
safe and efficient pedestrian and vehicle traffic flow, reduce traffic
congestion, and preserve the existing development including historic
structures along the Lincoln Highway. The limitation of points of
access to Route 462, the Lincoln Highway, combined with the requirement
for a buffer, will allow development, maintain or enhance traffic
safety, and preserve the historic nature of the Lincoln Highway corridor
B.
Applicability.
(1)
Lincoln highway corridor. Any property which has frontage
on the Lincoln Highway (SR 462) shall be subject to the provisions
of this section.
(2)
New uses, buildings and major additions or modifications.
All new land uses, developments, buildings, signs, and structures
that require a permit shall meet the requirements of this section.
Any building addition or exterior modifications of 25% or more in
terms of additional dwelling units or gross floor area (either with
a single addition or with cumulative additions subsequent to the effective
date of this chapter); or construction of any new parking spaces shall
require compliance with the requirements of this section for the entire
property.
(3)
Minor additions. Additions or modifications of less
than 25% to existing uses, as defined above, and that require a permit,
shall meet the requirements of this section with respect to such minor
additions or modifications.
C.
Access control.
(1)
Allowance of new point of access. For the purposes of this § 490-44, a tract shall be considered a lot in existence on the effective date of this chapter (October 9, 2003). If a tract existing on October 9, 2003, is thereafter subdivided, all of the lots created from the tract shall continue to be considered as part of the tract.
(a)
If a tract has an existing point of access from
Route 462, the Lincoln Highway, no new point of access may be installed
unless:
[1]
The existing point of access is removed; or
[2]
The tract has more than 1,000 feet of frontage and the new point of access is located at least 500 feet from all existing points of access from Route 462 along the same side of Route 462 meets the requirements of Subsection C(1)(f) below; or
[3]
The portion of the tract for which the new point of access is requested
is separated from the remainder of the tract by a creek or similar
natural feature which would prevent use of the existing access point.
(b)
If a tract has the legal right to use an existing
point of access from Route 462, the Lincoln Highway, on an adjoining
lot, no new access point may be installed on the tract unless:
[1]
The tract has more than 1,000 feet or frontage and new point of access is located at least 500 feet from all existing points of access from Route 462 along the same side of Route 462 meets the requirements Subsection C(1)(f) below; or
[2]
The portion of the tract for which the new point of access is requested
is separated from the portion of the tract served by the existing
point of access by a creek or similar natural feature which would
prevent use of the existing access point.
(c)
If a tract adjoins a lot which has an existing
point of access from Route 462 the Lincoln Highway, no new access
point may be installed on the tract unless:
[1]
The tract has at least 1,000 feet of frontage and the new point of access is located at least 500 feet from all existing points of access from Route 462 along the same side of Route 462 meets the requirements of Subsection C(1)(f) below, or
[2]
The applicant demonstrates that the applicant has contacted the owner
of the adjoining lot with the existing point of access to request
use of the point of access and the owner of the adjoining lot will
not allow its use or will require commercially unreasonable terms
to use the existing access.
(d)
If a tract has frontage on Route 462, the Lincoln
Highway, and another public street, no new point of access may be
installed on Route 462, the Lincoln Highway, unless such point of
access is located 500 feet from the street intersection of the existing
street and the Lincoln Highway and 500 feet from any other point of
access on the same side of the Lincoln Highway, Route 462 (requires
1,000 feet of frontage for a corner lot to get an access point).
(e)
If the tract does not meet any of the above
criteria, the owner may create one point of access from Route 462,
the Lincoln Highway.
(f)
Any new point of access from the Lincoln Highway
must meet all of the following criteria:
[1]
The point of access must be located at least
500 feet from all other points of access or street intersections with
Lincoln Highway on the same side of Lincoln Highway as the proposed
point of access. If the width of the tract will not allow the location
of a point of access at least 500 feet from all other points of access
and street intersections on the same side of the Lincoln Highway,
the proposed point of access must be located at the greatest separation
possible from all existing points of access and street intersections.
[2]
The point of access must be located at least
150 feet from any street intersecting with Lincoln Highway on the
opposite side of Lincoln Highway from the proposed point of access
unless the proposed point of access will be located directly across
from the existing street to form a four point intersection.
(g)
The Board of Supervisors may by conditional use allow the creation of not more than one additional point of access which does not meet the requirements of Subsection C(1)(a) through (f) above for a tract if:
[1]
The applicant demonstrates that the additional
proposed point of access is necessary for the reasonable use of the
tract.
[2]
The applicant demonstrates that the additional
proposed point of access will serve the purposes of this section.
The applicant may meet this criteria by agreeing to remove nonconformities
existing on the tract, including but not limited to nonconforming
signs or improvements in the required buffer, and bringing portions
of the tract into compliance with this section.
(2)
Any access point from the Route 462, the Lincoln Highway,
and access drive or driveway using a new point of access from Route
462, the Lincoln Highway, designed after the effective date of this
section shall meet all of the following requirements:
(a)
The access point shall be located to provide
safe access from Route 462, the Lincoln Highway, to the tract on which
it is located and to all lots which may be created from the tract.
(b)
The access point and access drive or driveway
shall be designed and constructed so that the access point may serve
both the tract on which the access point is located and at least one
adjoining lot. The access point and access drive or driveway may be
located along a side property line or the applicant shall demonstrate
that the access drive or driveway may be extended to a side property
line at a location where such access drive or driveway may provide
a means of access from Route 462, the Lincoln Highway, to the adjoining
lot.
(c)
No structures, grading or landscaping may be
installed on the tract which would limit the use of the point of access
or access drive or driveway by the adjoining lot.
(d)
The access point shall be located at least 500
feet from any other point of access on the same side of Route 462
if such a setback may be safely maintained.
(e)
The landowner shall prepare a plan and legal
description of the access point, access drive, or driveway, and extension
of the access drive or driveway to the adjoining lot line. The landowner
shall record an easement that will prevent such area from being developed
in a manner which would prevent its use for access to the lot and
to the adjoining lot and grant the right of access, egress, and regress
to the adjoining lot(s). Such easement shall name the Township as
a party with enforcement rights.
(3)
Specific requirements. All driveways or access drives
shall meet the following criteria:
(a)
Proper sight distance shall be maintained at
all intersections of a driveway or access drive with a street. Measured
along the center line of the street, there shall be a clear sight
triangle with sides as follows:
|
Type of Intersection
|
Clear Sight Triangle Side
(feet)
|
|---|---|
|
Driveway or access drive on collector or minor
street
|
75 – 20
|
|
Driveway or access drive on arterial street
|
150 – 20
|
(c)
Vehicular parking is prohibited along access
drives.
D.
Buffer yard regulations.
(1)
Buffer yards, including screening and landscaping
as provided below, shall be required for all uses abutting the Lincoln
Highway.
[Amended 10-17-2019 by Ord. No. 2019-07]
(2)
Buffer yards.
(a)
Buffer yards shall be a setback located between
the right-of-way line of the Lincoln Highway and a line located 100
feet from, and parallel to, the center line of the Lincoln Highway,
or 25 feet from the ultimate right-of-way, whichever is greater.
[Amended 10-17-2019 by Ord. No. 2019-07]
(b)
All buffer yards shall be maintained, and shall
be kept clean of all debris, rubbish, weeds, and tall grass in conformance
with existing regulations.
(c)
No structure, manufacturing or processing activity,
parking (including driveways other than those necessary for access
to the lot in question), or storage of materials shall be permitted
in the buffer yard.
(e)
Fences are prohibited within the buffer yard.
E.
Special sign regulations.
[Amended 7-18-2013 by Ord. No. 2013-06]
(1)
(2)
Design features/bonus incentives. To reduce the potential for traffic
confusion and to encourage preservation of the historic landscape,
the following bonus incentives are available when the prescribed design
features are provided:
(a)
Sign design features and bonus incentives. An applicant may be permitted to decrease the required buffer of 100 feet for signs authorized by Subsection E(1) above if the applicant provides all of the following design features:
(3)
Maintenance and appearance of signs. All signs shall be maintained
in good condition. The Zoning Officer may have cause to remove, after
due notice, any sign which shows gross neglect, becomes dilapidated,
or if the ground area around it is not well maintained. The Zoning
Officer will give the owner 10 days' written notice to correct the
deficiencies or to remove the sign or signs. If the owner refuses
to correct the deficiencies or remove the sign, the Zoning Officer
shall have the sign removed at the expense of the owner.
(4)
Alterations. If a sign is changed in any way, i.e., location, size,
configuration, it will have to be replaced according to these regulations.
A.
Screening. Rooftop-mounted HVAC equipment must be
screened from view from streets and any residential zone or use with
an enclosure of material consistent with the building exterior construction.
As of the effective date of this chapter, all
future uses that rely upon on-lot sewage disposal systems shall be
required to specifically test for and secure one disposal site (field,
bed, or trench) and another alternate disposal site. Both disposal
sites shall be approved by the Sewage Enforcement Officer. Furthermore,
the alternate disposal site shall be perpetually protected from excavation,
construction, and other activities that would result in disturbance
of the soils' ability to renovate sewage effluent, until such time
as the alternate field is activated due to malfunction of the initial
disposal site. Regardless of any maximum lot area requirements listed
elsewhere in this chapter, the minimum required lot size may be increased
to ensure an acceptable level of nitrate-nitrogen in the adjoining
groundwaters. Every use relying upon on-lot sewage disposal systems
shall be required to properly maintain and repair such systems, in
accordance with the Hellam Township On-Lot Disposal System Management
Program.
No slopes steeper than 25% shall be constructed
within 25 feet of an adjoining property.
