Aleppo Township City Zoning Code
ARTICLE V
Supplemental Regulations
§ 400-139 Screening and landscaping.
A.
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications: A landscaping plan, with detailed drawings, must be submitted with a required subdivision or land development or in the case where subdivision and/or land development approval are not required prior to building permit application. The landscaping plan must contain and show the following information:
(1)
All required buffer areas with proposed plantings (identifying each proposed tree, bush, or shrub) drawn to scale and identifying the size of plantings.
(2)
All required plantings (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale and identifying the size of plantings.
(3)
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(4)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
(5)
All areas of a lot not covered by building or impervious material shall be maintained as landscaped or natural areas.
B.
Bufferyards.
(1)
Applicants shall demonstrate through the submission of a landscape plan that sufficient landscaping and buffering is provided to minimize impact to adjacent land uses. When required, a minimum of two deciduous trees and three evergreen trees shall be required for every 100 feet of property line where buffering is required. In addition, five shrubs shall be provided for every 100 feet of property line where buffering is required. Bufferyards are required to be a minimum of 10 feet in width. The Township encourages flexibility in design and will entertain alternative buffering plans where the applicant demonstrates the buffering plan is equal to or better than the requirements of this chapter and meets the intent of this section. The use of decorative walls, decorative fences, and landscape mounds are allowable in an effort to meet the requirements of this section.
(2)
Buffer areas required. Buffer areas are required under the following circumstances:
(a)
Along public roads. A landscape buffer will be required for all new nonresidential developments and which abut a public street. The bufferyard will be provided for the entire length of the public street frontage.
(b)
Parking lots and loading areas. A landscape buffer will be required around the perimeter of parking lots and loading areas in all zoning districts.
(c)
Adjacent uses. Bufferyards are intended to minimize impacts of differing land uses on adjacent sites or properties. When new development is proposed, bufferyards will be required along the perimeter of the site. Bufferyards in the C-2 and MU districts may be relaxed or eliminated at the discretion of the Township where the development proposes reuse of existing structures on the site and where such site does not provide adequate area for the addition of a buffer. Table 12 outlines the specific bufferyard widths required depending on adjacent land use types.
Table 12: Bufferyards | ||
|---|---|---|
Adjacent Use | ||
Subject Use | Single-Family Residential | Multi-Family Residential |
Multi-family residential | 10 feet | N/A |
Commercial | 20 feet | 15 feet |
Industrial | 20 feet | 15 feet |
Institutional | 5 feet | 5 feet |
C.
General provisions.
(1)
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site.
(2)
Maintenance required. It shall be the responsibility of the owner/applicant to ensure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease, or other reasons for the discontinued growth of the required trees, shrubs, and bushes. Replacement shall be no later than the subsequent planting season.
(3)
Conflict between buffer areas and building setback requirements. When the width of a required buffer area is in conflict with the minimum building setback requirements of this chapter, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the setback requirement.
(4)
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
D.
Plant sizes.
(1)
Deciduous trees. All trees required to be planted shall be a minimum of two inches in diameter at a point one foot above the ground. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
(2)
Evergreen trees. All evergreen trees required to be planted shall be a minimum of six feet in height at the time of planting measured from the ground adjacent to the planted tree to the top of the tree.
(3)
Shrubs. All shrubs required to be planted shall be a minimum of 24 inches in height at planting.
§ 400-140 Lighting requirements.
B.
Nonresidential use lighting standards.
(1)
All exterior parking lots, driveways, vehicular access aisles, pedestrian access areas, sidewalks, pathways, and loading spaces shall be sufficiently illuminated so as to provide safe movements on site.
(2)
Illumination shall be by sharp cut-off fixtures with flush-mounted lens cap, with the following exceptions.
(a)
Decorative street-lighting along streets (not including parking lot areas) are exempt from this requirement. However, streetlight poles for decorative street-lighting shall not exceed 24 feet in height, measured from finished grade to the top of the fixture.
(b)
Decorative lighting along pedestrian walkways in front of buildings and in pedestrian plazas is exempt from this requirement. However, light poles for the decorative lighting shall not exceed 15 feet in height, measured from finished grade to the top of the fixture.
(3)
Fixtures (including those mounted on a building or other structure) shall be mounted parallel to the ground surface, with the following exceptions.
(a)
Decorative street-lighting along streets, decorative lighting along pedestrian walkways in front of buildings, and decorative lighting in pedestrian plazas are exempt from this requirement.
(b)
Lighting for the purpose of highlighting a structure or landscape feature shall be exempt from this requirement.
(4)
Pole height shall be a maximum of 24 feet.
(5)
Illumination shall not exceed one footcandle at all property boundaries. The one footcandle illumination shall be measured horizontally on the ground surface and vertically at a five-foot height at the property lines.
(6)
All site lighting including architectural, landscape, and canopy lighting shall be from a concealed source that is not visible from the property boundaries or public street right-of-way. Lighting associated with a freestanding or building canopy shall be recessed into the canopy.
C.
Residential use lighting standards.
(1)
For all residential uses that require parking lots that contain more than 10 parking spaces, the proposed use shall comply with the requirements of the nonresidential use lighting standards above.
(2)
All other proposed lighting in residential districts shall be oriented so as not to interfere with adjacent properties. Decorative streetlights constructed in conjunction with a proposed residential development shall be designed to minimize impact to existing developments or properties.
§ 400-141 Environmental performance standards.
A.
Floodplains. All development and use of land and structures in floodplain districts shall comply with the most recently adopted Floodplain Management Ordinance (FMO)[1] of the Township, as may be amended from time to time, and with applicable state regulations, specifically Chapter 105, Title 25 of the Pennsylvania Code.
B.
Steep slopes. In areas of steep slopes, i.e., those above 15%, the following standards shall apply:
C.
Ponds, watercourses, or wetlands. No development, filling, grading, piping, or diverting shall be permitted except for required roads and utility line extensions, unless authorized and permitted by the appropriate state, county, or other regulatory agency.
D.
Stormwater drainage and management. All plans shall comply with the provisions of state and local regulations in effect at the time of final plan approval by Township Board of Commissioners.
E.
Soil erosion and sedimentation. With any earth disturbance, there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the Clean Streams Law, P.L. 1987,[2] Chapter 102 of Title 25 of the Pennsylvania Code, and the Soil Erosion and Sedimentation Control Manual of the PA DEP. In addition, an Erosion and Sedimentation Control Plan (E&S Plan) shall be required as part of the application for any Township permit where earth disturbance or excavation will occur. As a minimum, where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established or erosion resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive and/or if a land development requires an NPDES permit.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
§ 400-142 General performance standards.
A.
Noise. The ambient noise level of any operation, other than those exempted below, shall not exceed the decibel levels as prescribed herein. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with industry standards for measurement and taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
(1)
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 to 65 dBA.
(b)
Mixed use district. At no point beyond the boundary of any lot within the MU district shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 to 70 dBA.
(c)
Industrial or commercial districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 70 to 80 dBA.
(d)
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
(2)
The following uses or activities shall be exempted from the noise regulations:
(a)
Customary and usual farming activities in all zoning classifications.
(b)
Noises emanating from construction or maintenance activities between 7:00 a.m. and 7:00 p.m., Monday through Saturday.
(c)
Noises caused by safety signals, warning devices, and other emergency-related activities or uses.
(d)
Noises emanating from public recreational uses between 7:00 a.m. and 10:00 p.m.
(e)
Normal utility and public works activities between the hours of 7:00 a.m. and 9:00 p.m., and emergency operations at any time.
(f)
Band concerts, block parties, church carnivals, festivals, or other performances or similar activities whether publicly or privately sponsored so long as the activities occur between 8:00 a.m. and 10:00 p.m.
(g)
Sounds made by backup beepers for delivery trucks or similar vehicles operating continuously for three minutes or less.
(3)
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state, and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
(4)
Noise shall be measured at the property line from which the sound or noise is originated.
B.
Vibrations. Except for vibrations emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m., vibrations detectable without instruments on neighboring property in any district shall be prohibited. The prohibition on vibrations shall also be subject to any other separate ordinance adopted by the Township.
C.
Glare. There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any district.
D.
Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.
E.
Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
F.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
G.
Discharge. No discharge at any point into any private sewage disposal system or stream or into the ground, of any materials in such a way or in such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or the accumulation of solid wastes conducive to the breeding of rodents or insects is permitted.
H.
Heat, cold, dampness, or movement of air. No activities producing heat, cold, dampness, or movement of air are permitted which shall produce any material effect on the temperature, motion, or humidity of the atmosphere at and/or beyond the lot line.
I.
Air pollution. No pollution by air by fly ash, dust, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation, or other property, or which can cause excessive soiling. Ultimately, air pollution may be acceptable provided that the use complies with all regulations or requirements of the DEP, EPA, and all other regulatory agencies.
J.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
§ 400-143 Outdoor storage.
A.
In nonresidential zoning districts, except for nurseries, garden supply, building supply, custom crafting, and similar businesses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting, and similar businesses, outside display and storage areas shall be completely enclosed by an opaque fence or dense, compact evergreen hedge which is at least six feet in height.
B.
In any other zoning district, any material or equipment stored outside an enclosed building, except for the purposes identified above, shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street. Buffering as identified in the bufferyard requirements of Article V of this chapter, may be required to screen material or equipment stored outside.
C.
All organic rubbish and discarded materials shall be contained in tight, vermin-proof dumpsters which shall be screened from public view by an opaque fence, masonry wall or dense, compact evergreen hedge which is at least six feet in height. Containers shall not be permitted in the front yard.
D.
No lot or premises shall be used as a garbage dump or a dead animal rendering plant. No manure, rubbish, or miscellaneous refuse may be stored in the open within any zoning district where the same may be construed as a menace to public health or safety. No exceptions shall be made except by official government action.
§ 400-144 Utilities.
All electrical, telephone, cable television, and other communication system service laterals on a lot or site shall be installed underground for new developments.
§ 400-145 Exterior finishes.
The exterior finish of the building, whether finished face brick, wood veneer, siding or any other finished facing materials shall come down the building to within six inches of finished grade. Plain masonry block or poured concrete shall not be considered a finished product; nor shall either of these construction surfaces be considered as a finished product if painted, unless specified as a specific architectural exterior treatment by a design professional.
§ 400-146 Screening of roof equipment.
Mechanical equipment designed to be located on the roof of a structure/building must be screened with typical building materials. The screen must be designed to complement building designed and conceal this equipment from neighboring property owners and the public on adjacent roadways.
§ 400-147 Temporary uses.
A.
Permit required. An occupancy permit is required for any temporary use of land and/or a structure.
(1)
Authorized temporary uses, residential districts.
(a)
Model home in a plan of homes used temporarily as a sales office which shall terminate upon the sale or rental of the last unit.
(b)
Rental or sales office in a multi-family residential complex.
(c)
Outdoor fair, exhibit, show, or other special event that is sponsored by a nonprofit organization.
(d)
Neighborhood pop-up events.
(e)
Private garage/yard sales.
(f)
Other temporary uses, as approved by the Planning Commission.
B.
Conditions of approval for temporary uses.
(1)
Approval of temporary uses and/or structures shall be granted for a time period of one to four weeks within one calendar year.
(2)
All temporary uses and/or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
(3)
Temporary uses or structure which are authorized for a particular event shall be removed within 48 hours after the completion of the event.
(4)
The area proposed for temporary uses and/or structures shall provide off-street parking as required by Article VI of this chapter.
(5)
All temporary structures shall comply with the requirements of the specific zoning district for accessory structures and with the Township Fire Code.
(6)
Adequate traffic and pedestrian access and off-street parking areas must be provided to the extent possible.
(7)
Any licenses and permits required to sell products or food or approvals from other governmental agencies shall be submitted prior to the issuance of the occupancy permit.
(8)
The Ohio Township Chief of Police and the Aleppo Township Volunteer Fire Company Fire Chief shall be notified in writing of the temporary use.
(9)
If the applicant does not own the land on which the temporary use is to be located, a letter of agreement and/or permission between the applicant and the landowner shall be submitted.
(10)
The applicant shall be responsible for conducting the temporary use or activity in a safe manner within the conditions set forth by the Township. This includes, but is not limited to, provisions for security, trash pickup, and daily maintenance of the grounds.
(11)
The Zoning Officer may refer any application for a temporary use to Planning Commission for review and recommendation prior to issuance of the occupancy permit.
(12)
The provisions of this section in no way shall be deemed to authorize the outdoor display or sale of automobiles, trailer or equipment rentals, used furniture, appliances, plumbing or building materials, or similar display or sale in any district except as specifically authorized by this chapter.
C.
Temporary construction structures. Temporary structures and trailers used in conjunction with construction work may not be moved onto a site until the building permit has been issued and must be removed within 30 days after the completion of construction. Permits for such temporary structures shall not exceed one year but up to three annual renewals of the permit may be obtained. Temporary trailers or offices shall not be utilized for dwelling use.
§ 400-148 Open burning.
Open burning shall comply with the open-burning regulations as outlined in the Township's Fire Code, and may be amended from time to time.
§ 400-149 Essential services.
Essential services, as defined in this chapter, shall be permitted in all zoning districts, subject to the restrictions approved by the Planning Commission with respect to use, design, yard area, setbacks, and height.
§ 400-150 Lot area measurement.
For the purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is less than six times the average width of the lot may be utilized in calculations.
§ 400-151 Projections into required yards.
The following architectural features may project into the required yards as established herein:
§ 400-152 Fences and walls.
A.
General requirements for fences and walls. The following general standards shall apply to all fences in the Township. Building permits shall not be required for the erection of fencing, except as specifically provided for herein.
(1)
A plot plan, acceptable drawing, or survey showing the location of the fence or wall must be submitted with a building permit application.
(2)
Any fence with in-ground poles must be construction so as to have such poles facing the landowner on whose lot such fence is located.
(3)
The finished side of a fence or wall should face the adjacent property.
(4)
No fence in any district shall be erected in such a manner so as to obstruct visibility of a street or driveway intersection, in accordance with this chapter.
(5)
In any district, fences and/or walls shall not obstruct the clear sight triangle for vehicular traffic.
(6)
No fence or wall shall be erected in any public right-of-way.
(7)
Fences for public or private tennis courts and similar outdoor recreational facilities may be erected up to eight feet in height, if constructed of a chain-link material. Fencing of sport courts shall require a permit from the Township.
(8)
Fencing for the purposes of enclosing a garden area shall comply with all fencing regulations (a permit is not required).
(9)
No barbed wire or razor wire will be permitted in any residential district. Electric fences shall be permitted for agricultural uses, provided the fence is posted as such and installation shall be per the manufacturer's specifications. Barbed wire shall be permitted for the purpose of fencing livestock.
(10)
All fences and walls shall be maintained in a sturdy and good condition. Fences and walls which overturn, collapse, fall, or deteriorate, whether in whole or in part, shall be repaired, replaced, or removed within 60 days of receipt of notice thereof. The Township Zoning Officer shall make such determinations of fence condition.
(11)
Fences located along a property boundary shall be set back a minimum of 12 inches from the property line.
(12)
The owner of any fence or wall shall be responsible for maintaining it in good repair. As such, any fence, wall, or other barrier that cannot support 105 pounds in weight without bending, breaking, leaning, or moving shall be deemed insufficiently sturdy. If a fence or wall is not being properly maintained or is deemed insufficiently sturdy, the Zoning Officer shall give written notice to the owner to repair or remove the fence or wall within the time period stipulated by the notice. Failure to comply with the order shall be considered a violation of this chapter.
(13)
A retaining wall may be erected along any property line or in any required yard where it is needed to prevent a landslide or other hazardous condition. The location and placement of retaining walls shall meet the requirements of the Township's SALDO.[1] Landscaping walls three feet in height or less do not require a permit. Retaining walls taller than three feet require a permit. Walls in excess of six feet in height shall have a safety feature place along the top of the wall such as a fence or railing erected along in all areas that exceed six feet.
(14)
Any erosion or sedimentation control barrier installed at the request of the DEP shall be removed within three months following authorization by the DEP or an authorized agent of the DEP to do so.
B.
§ 400-153 Swimming pools.
A.
Swimming pools. Swimming pools shall be permitted in all zoning districts subject to the following requirements:
(1)
In residential areas, pools and accessory decks attached to a pool shall be erected only in a side or rear yard. A ten-foot setback shall be provided for any swimming pool and accessory decks.
(2)
In-ground pools in all zoning districts shall be enclosed by a fence, constituting a barrier to small children, at least four feet in height and equipped with a gate and a lock. Fencing for a pool shall comply with the requirements of this chapter.
(3)
Aboveground pools in all zoning district having vertical walls over four feet above ground level and removable steps are not required to be fenced, provided the owner shall remove said steps when the pool is not in use to prevent access by small children. All other aboveground swimming pools shall be fenced in accordance with the requirements of Subsection (B) of this section.
B.
Private swimming pools shall be located in rear yards, properly fenced, and protected with a self-latching gate to avoid becoming an attractive nuisance.
§ 400-154 Height measurements.
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
§ 400-155 Height exceptions.
The height limitations of this chapter shall not apply to flag poles, church spires, belfries, domes, or similar architectural projections not used for human occupancy nor to chimneys, ventilation shafts, skylights, water tanks, public utility facilities, bulkheads, silos, ham radio antenna, or other necessary mechanical and operational apparatus usually carried above the roof level.
§ 400-156 Parking of commercial vehicles.
A.
Commercial vehicles, as defined in Article II of this chapter, shall not, under any conditions, be stored outside an enclosed building or garage or be parked overnight on any lot in a district where residential uses are permitted.
B.
This regulation shall not apply to any commercial vehicles parked temporarily in residential areas for the purpose of loading, unloading, or rendering service to any residential property.
§ 400-157 Parking of recreational vehicles.
Recreational vehicles, as defined in Article II, may be parked on the private property of the owner of such vehicle only under the following conditions:
A.
A recreational vehicle shall be prohibited in all residential districts except building the building/in the yard, not visible from the street, or inside a garage.
B.
A recreational vehicle must be parked in such a manner as to not restrict visibility of traffic from any adjacent public street.
C.
A recreational vehicle's wheels must at all times be blocked or otherwise rendered immobile so as to prevent any movement of the vehicle while it is in a stopped position.
D.
A recreational vehicle shall be licensed and bear a current inspection sticker issued by the Commonwealth of Pennsylvania, if required.
E.
Any recreational vehicle stored for periods exceeding 72 continuous hours in a one month period shall be parked in a garage or in a covered parking area at the rear or side of the property behind the building line.
F.
Recreational vehicle parking is limited by the following regulations:
(1)
Under no circumstances shall any recreational vehicle be parked on any public street in violation of existing federal, state, or local laws.
(2)
No recreational vehicle shall be used for purposes of habitation while parked or stored on an owner's property within the Township, whether temporary or permanent.
(3)
Not more than one recreational vehicle may be parked or stored on a private lot in the Township unless that vehicle is parked in a garage.
§ 400-158 Maintenance of yards.
The owner or lessee of the property, whether occupied or vacant, located within or adjacent to any developed area shall maintain such premises so that:
§ 400-159 Keeping of chickens.
A.
The keeping of chickens shall be allowed by right as an accessory use by permit, in all residential districts and the MU district, subject to the standards in this section. Chickens on existing farms or hobby farms are exempt, regardless of the zoning district in which the subject property is located.
B.
Any person wishing to engage in his accessory use by permit shall submit an Application for Zoning/Accessory Use Permit to the Zoning Officer for review and approval, with the fee for same to be established by resolution of the Board of Commissioners. Approval shall be subject to the following standards:
(1)
For the first 4,000 square feet of any property, up to three chickens are allowed. An additional chicken is permitted for every additional 2,000 square feet. A maximum number of 10 chickens may be kept at once on a parcel.
(2)
No person shall keep or maintain a rooster.
(3)
The chicken coop shall be located in a backyard only, a minimum of 10 feet from any lot line, and shall sufficiently contain the chickens. Any chicken not contained shall be considered "running at large."
(4)
An outside run shall be attached to the coop 10 feet from any lot line, and sufficiently contain the chicken; and any chicken not contained shall be considered "running at large."
(5)
All feed, water, and other items for keeping chickens shall be secured to prevent rats, mice, and other vermin from infesting.
(6)
Chicken feces must be properly collected, stored, and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards. (Chicken manure may be composted and added to gardens or yards if done within out creating no malodorous smells, nuisances, or other hazards.) The minimum setback for chicken waste collection and storage shall be 10 feet from the property line.
(7)
The selling of chickens or chicken products for commercial purposes is prohibited.
(8)
Slaughtering and butchering is prohibited.
(9)
No chickens shall be kept in townhouse communities, apartment communities, or mobile home parks.
§ 400-160 Keeping of ducks.
A.
Subject to the standards in this section, it shall be a lawful to maintain ducks as an Accessory use by Permit in any residential zoning district. Ducks in agricultural zones and/or on any existing farms or hobby farms are exempt, regardless of the zoning district in which it is located.
B.
Any person wishing to engage in this accessory use by permit shall submit an application for Zoning/Accessory Use Permit to the Zoning Officer for review and approval, with the fee for the same to be established by resolution for the Board of Commissioners. Approval shall be subject to the following standards:
(1)
Ducks shall only be kept on properties that are one acre or larger.
(2)
No person shall house more than five ducks on a single residential parcel.
(3)
Ducks shall be kept in the backyard only. All enclosed shelter with adequate protection from weather and predators is required. The shelter shall provide at least three square feet per duck. All duck keeping facilities shall be setback at least 50 feet from lot lines.
(4)
Any duck not contained on an owner's property shall be considered "running at large."
(5)
All feed, water, and other items for keeping shall be secured to prevent rats, mice, and other vermin from infesting.
(6)
Duck feces must properly collected, stored and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards. (Duck manure may be composted and added to gardens or yards if done within out creating no malodorous smells, nuisances, or other hazards.) The minimum setback for duck waste collection and storage shall be 10 feet from the property line.
(7)
Ducks shall be kept for personal reasons only. The selling of ducks or duck products for commercial purposes is prohibited.
(8)
Slaughtering and butchering is prohibited.
(9)
No ducks shall be kept in townhouse communities, apartment communities, or mobile home parks.
§ 400-161 Keeping of bees.
A.
Subject to the standards in this section, it shall be a lawful to maintain an apiary as an accessory use by permit in any residential zoning district. Bees in agricultural zones and/or on any existing farms or hobby farms are exempt, regardless of the zoning district in which it is located.
B.
Any person wishing to engage in this accessory use by permit shall submit an application for Zoning/Accessory Use Permit to the Zoning Officer for review and approval, with the fee for the same to be established by resolution for the Board of Commissioners. Approval shall be subject to the following standards:
(1)
For 4,000 square feet of any parcel, up to two hives are allowed; each additional 2,000 square feet of any parcel is permitted two additional hives. A maximum number of six hives may kept per property.
(2)
Apiaries shall be maintained in the backyard of the property and prohibited from being located in the front or side yard of any property. Any hives shall be set back a minimum of 15 feet from any lot line. Beekeeping facilities shall not be within 50 feet of a swimming pool or permanently kenneled animal.
(3)
Flyway barriers shall be required if a beekeeper is unable to direct bee flight pathways above six feet across the beekeeper's property. Flyway barriers shall be six feet in height and within five feet distance from the hive but shall remain 10 feet from any lot line. No flyway barriers are required for hives on porches or balconies at least 10 feet above grade.
(4)
Bees shall be kept for personal use only. The selling of bees or bee products for commercial purposes is prohibited.
(5)
No bees shall be kept in townhouse communities, apartment communities, or mobile home parks.
§ 400-162 Use of goats temporarily to remove vegetation.
A.
Goats may be used on a temporary basis to aid with the removal of vegetation on vacant lots or larger properties with significant vegetation throughout the Township.
B.
Any property owner interested in using goats to remove vegetation must get approval from the Township from the Township Manager or Zoning Officer.
C.
Proper controls, including temporary fencing, shall be put in place to contain the goats on to subject property.
D.
All feed, water, and other items for the temporary goats shall be secured to prevent rats, mice, and other vermin from infesting.
E.
Goat feces must be properly collected, stored, and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards. The minimum setback for goat waste collection and storage shall be 10 feet from the property line.
F.
The time period during which goats are used to remove vegetation shall not exceed 14 days.
§ 400-163 Cluster lot development.
A.
Cluster lot development shall be permitted only within the boundaries of the Natural Resource Protection Overlay (NRPO).
(1)
No portion of any cluster lot development shall be outside the boundary of the NRPO.
(2)
If a lot is situated in such a manner that only a portion of that lot is within the NRPO only that portion located within the NRPO may utilize cluster lot development as described in this section.
(3)
In no case may a lot contain more units than is prescribed by the base zoning district's maximum density regulations.
B.
Cluster lot development is voluntary and not required. However, if a developer and/or landowner does not wish to utilize the cluster development regulations the net density for a development contained within the boundaries of the NRPO shall be calculated by multiplying the buildable area, as defined by the NRPO Worksheet in § 400-173 of this chapter, by the permitted density stated within the applicable base zoning district regulations.
C.
Bulk requirements.
(1)
Cluster lot developments shall utilize the development standards in the Table 13 below as to net density, minimum lot area, minimum lot frontage and minimum setbacks.
Table 13 Cluster Development Standards | ||||||
|---|---|---|---|---|---|---|
R-1 Sewer | R-1 Septic | R-2 Sewer | R-2 Septic | R-3 Sewer | R-3 Septic | |
Net density (units/acre) | 5.6 | 3 | 6.7 | 3 | 3 | 1.6 |
Minimum lot area (square feet) | 7,800 | 14,500 | 6,500 | 14,500 | 14,500 | 28,000 |
Minimum lot frontage (units/acre) | 70 | 65 | SFR: 65 Dup: 80 Twnhs: 120 | SFR: 65 Dup: 80 Twnhs: 130 | SFR: 65 Dup: 80 Mob. Park: 120 | SFR: 80 Dup: 100 Mob. Park: 120 |
Setbacks (front/side/rear) | 25/10/40 | 30/10/40 | SFR: 25/10/35 Dup: 25/15/25 Twnhs: 25/15/25 | SFR: 35/10/35 Dup: 25/15/25 Twnhs: 25/15/25 | SFR: 35/10/35 Dup: 25/15/25 Twnhs: 25/15/25 | 40/15/40 |
(2)
Flag lots shall be permitted where necessary to provide ingress/egress access within a cluster development.
(a)
A flag lot shall meet minimum lot frontage requirements no further than 100 feet from the roadway in which it gains its access. The pole portion of a flag lot shall not be less than 50 feet in width in order to provide adequate spacing for driveways.
(b)
The front setback requirement for flag lots shall be measured at the point where the lot meets the minimum lot frontage requirement.
(3)
Cul-de-sacs shall be permitted to access cluster developments within the NRPO boundaries. Roadways ending in a cul-de-sac shall be no longer than 800 feet in length.
(4)
The balance of the land not utilized for residential lots shall be reserved as common open space. Ownership of the common open space shall be determined prior to final application approval.
§ 400-164 Private sports courts accessory to dwelling unit.
A.
Sports courts accessory to a dwelling unit shall be located only in a side or rear yard and shall be no closer to the side or rear property line than 20 feet.
B.
Lighting of the sports courts shall not be permitted.
C.
All sports courts shall be enclosed by a fence which is a minimum of 10 feet in height and a maximum of 12 feet in height and which shall contain openings equal to 50% or more of the surface area of the fence.
D.
The area of the sports court shall not exceed 50% of the total area of the rear yard.
E.
Sport courts shall not be placed over utility lines or utility easements without the approval and permission of the utility owner.
§ 400-165 Home-based business (no impact) and home occupation.
A.
Where permitted, all home-based no-impact businesses shall comply with the following standards of operation:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
B.
Where permitted, all home occupations shall comply with the following standards of operation:
(1)
The occupation, profession or limited commercial activity shall be conducted wholly within the principal building or accessory building thereto.
(2)
No more than two persons who are not members of the family shall be employed.
(3)
No stock in trade shall be stored inside the building or on the exterior of the lot.
(4)
No exterior signage shall be stored inside the building or on the exterior of the lot.
(5)
Offensive noise, vibration, smoke, dust, odors, heat, glare or electrical disturbance shall not be generated by the home occupation.
(6)
Off-street parking shall be provided for employee vehicles and visitors in addition to the minimum required for the residential dwelling.
(7)
No home occupation shall utilize in excess of 20% of the gross floor area of the dwelling unit.
(8)
A home occupation shall include but not be limited to the following: day-care home, dressmaking, hairdressing and nail shop, teaching or tutoring, office of a physician, dentist, optometrist, lawyer, engineer, architect, accountant, real estate agent or insurance agent.
§ 400-166 Hobby farms.
A.
A hobby farm is a permitted use in the R-3 zoning district.
B.
The owner of the hobby farm shall reside on the lot.
C.
The minimum lot area required for a hobby farm is three acres.
D.
Hobby farms may include any of the activities encompassed by agriculture, as defined by this chapter. The hobby farm shall be restricted to personal use and enjoyment and any sale of animals or produce shall not constitute the principal economic activity of the residents of the hobby farm. The sale of agricultural products raised on the hobby farm shall be permitted.
E.
The number of animals maintained on a hobby farm shall be reasonably related to the size of the lot, the area available for grazing, and the capacity of the land to sustain animals without creating a nuisance.
F.
No buildings in which animals are kept or manure is stored shall be located within 50 feet of any lot line or within 75 of another occupied dwelling, other than the hobby farm owner's dwelling.
G.
No grazing of animals shall be permitted closer than 75 feet from any occupied dwellings within the parcel or located on an adjacent parcel, excluding the hobby farm owner's dwelling.
H.
A hobby farm owner shall not permit litter and droppings from any animals to collect, so as to result in the presence of fly larvae or objectionable odors.
I.
The lot area used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent lots.
§ 400-167 Stables, private.
A.
A private stable is a permitted use in the R-3 zoning district.
B.
The owner of the private stable shall reside on the lot.
C.
The minimum lot area required for a private stable is one acre.
D.
The number of horses, ponies, and other animals maintained on a private stable shall be reasonably related to the size of the lot, the area available for grazing, and the capacity of the land to sustain these animals without creating a nuisance.
E.
No stables or buildings in which horses, ponies, or other animals are kept or manure is stored shall be located within 50 feet of any lot line or within 75 of another occupied dwelling, other than the private stable owner's dwelling.
F.
No grazing of horses, ponies, or other animals shall be permitted closer than 75 feet from any occupied dwellings within the parcel or located on an adjacent parcel, excluding the private stable owner's dwelling.
G.
A private stable owner shall not permit litter and droppings from any horses, ponies, or other animals to collect, so as to result in the presence of fly larvae or objectionable odors.
H.
The lot area used for grazing shall be adequately fenced to properly enclose the horses, ponies, or other animals and to protect adjacent lots.
§ 400-168 Community gardens.
A.
Community gardens are a permitted use in the R-3, MU, and C-2 zoning districts.
B.
The minimum lot area required for a community garden shall be 21,780 square feet or one-half of an acre.
C.
Community gardens shall be maintained and well-kept so as to not result in a nuisance property with high weeds or vegetation.
D.
Community gardens shall be adequately fenced and buffered from neighboring lots and streets.
E.
Community gardens shall not be located closer than 30 feet to any nearby dwellings.
F.
Maintenance of any community garden planted and installed in the Township shall be the responsibility of the property owner.
G.
If a community garden becomes inactive and dormant for one year, all fencing shall be removed from the subject property and the property shall be restored to its original state.
§ 400-169 Flag lots.
A.
Flag lots shall be permitted where necessary in any of the residential zoning districts within the Township.
B.
A flag lot shall meet minimum lot frontage requirements no further than 100 feet from the roadway in which it gains its access. The pole portion of a flag lot shall not be less than 50 feet in width in order to provide adequate spacing for driveways.
C.
The front setback requirement for flag lots shall be measured at the point where the lot meets the minimum lot frontage requirement.