Baldwin Township City Zoning Code
PART 4
R-1 RESIDENCE DISTRICTS
§ 27-401 Applicability.
[Ord. 1-1953, 2/9/1953, Art. IV, § 400]
In R-1 Residence Districts the following regulations shall apply.
§ 27-402 Permitted Uses.
[Ord. 1-1953, 2/9/1953, Art. IV, § 401; as amended by Ord. 369, 2/7/1995, § 1; by Ord. 436, 8/7/2007, § 1; and by Ord. 445, 7/7/2009, Art. II]
1.
A building may be erected, altered, or used, and a lot or premises may be used, for any of the following purposes and for no other:
A.
Single-family dwelling.
B.
Township parks and municipal facilities.
C.
When authorized as a conditional use:
(1)
Essential services, when in keeping with the general architectural design of the neighborhood.[1]
[1]
Editor's Note: Former Subsections C(2), (3), (4) and (5), which dealt with schools, places of worship, personal care homes and nursing homes, and which immediately followed this subsection, were repealed 10/2/2018 by Ord. No. 481.
D.
Accessory Use.
(1)
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
(2)
Home Occupation.
(a)
The term "accessory use," when applied to a dwelling, shall include home occupations, which is defined as an occupation for gain, profit, or support, conducted within a dwelling unit by a resident of the dwelling unit, which is clearly incidental and accessory or secondary to the use of the property for residential purposes.
(b)
Home occupations shall include the following:
1)
Artist (studio only).
2)
Computer programming/data processing/writing.
3)
Contractor (no storing of equipment on exterior of premises).
4)
Dressmaking/sewing/tailoring.
5)
Garage sales (see clause (d)(11)).
6)
General office and clerical work, home crafts, excluding classes (crafts could be: monogramming, flower arranging, model making, rug weaving, cabinet making, pottery, quilts).
7)
Housekeeping/custodial service.
8)
Interior design.
9)
Jewelry/watch repair.
10)
Locksmith.
11)
Mail order.
12)
Manufacturer's sales representative (no storage of retail goods.)
13)
Photographer.
14)
Professional occupations (bookkeeper, drafting, graphic services, consultant, clergy, counselor, investigators, engineer, architect, and insurance agent.).
15)
Television and electrical appliance repairs (excludes major appliances such as refrigerators, etc.).
16)
Telemarketing.
17)
Travel agent.
18)
Tutoring or instruction (arts and education, limited to a single pupil at a time).
19)
Word processing, typing, secretarial services.
20)
Any use of the same general character as any of the uses hereinbefore specifically permitted in this subparagraph when authorized as a conditional use.
(c)
Permitted home occupations shall not in any event be deemed to include the following:
1)
Animal grooming.
2)
Automotive and mechanized equipment repair.
3)
Commercial riding, boarding stable, kennel.
4)
Dance studio.
5)
Flea markets.
6)
Funeral chapel or funeral home.
7)
Group home, group dwelling of personal care homes.
8)
Junkyards (as defined in clause (d)(10) below).
9)
Medical, chiropractic, optometric or dental offices; clinics or hospitals (or any similar profession which diagnoses and/or treats physical or mental illnesses, problems, or conditions).
10)
Private clubs.
11)
Professional day care homes.
12)
Restaurants, taverns, or catering.
13)
Retail or wholesale stores.
14)
Tanning or massage salon.
15)
Taxidermy.
16)
Any activity which requires a fire prevention permit under the BOCA Fire Code for the use of hazardous or flammable materials.
(d)
In addition to the use of limitations applicable in the zoning district in which located, all home occupations shall be subject to the following use limitations:
1)
Notwithstanding any provisions of this chapter to the contrary, a separate occupancy permit shall be required to lawfully conduct any home occupation.
2)
The occupation or activity shall be carried on wholly within the principal building an may be open to the public only between the hours of 8:00 a.m. and 9:00 p.m.
3)
No more than one paid assistant not residing at the resident household shall be employed at the location of the home occupation. Said paid assistant may not be involved in the actual manufacturing or production of a product or products. Employees or persons affiliated with said home occupation, other than the one permitted assistant and residents, shall not report to or meet at such residence.
4)
There shall be no exterior display or sign in relation to the home occupation.
5)
A home occupation shall produce no noise, vibration, smoke, odor, dust, heat, glare, or electrical disturbance which creates any public or private nuisance; nor shall any home occupation interfere with radio or television transmission in the area.
6)
The home occupation shall not generate traffic, including truck deliveries, in any greater volume than would normally be expected in a residential neighborhood.
7)
Any need for parking generated by the home occupation shall be met by off-street parking accommodations and shall be in accordance with §§ 27-413 and 27-513. No more than two vehicles of a nonresident at one time are permitted to be parked on-street if associated with a home occupation.
8)
No home occupation shall require structural alterations to the interior or exterior of the dwelling unit which changes the residential character thereof.
9)
No materials, good, or inventory used in the home occupation may be stored outside the dwelling unit nor in a detached or integral private garage or accessory structure. The Castle Shannon Volunteer Fire Department shall be notified when hazardous materials are stored within the dwelling.
10)
Junkyards, an activity prohibited hereunder, shall be defined as follows: an area of land with or without buildings, used for the storage outside a completely enclosed building, of used and discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery vehicles, or parts thereof, with or without the dismantling, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed or currently uninspected, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard.
11)
Garage sales, a permitted home occupation hereunder, shall be defined as follows: all general sales, open to the public, conducted from a residential lot for the occupant of one or more dwelling units in a neighborhood, for the purpose of disposing of only personal property of the occupant of the lot or dwelling units. Garage sales shall be subject to the following use limitations: said sales shall be conducted only on Saturday and/or Sunday between the hours of 8:00 a.m. until dark and shall not be held more than twice a year; events for the purpose of selling merchandise or taking orders shall not be held more than four times a year.
(e)
Such terms (accessory use) shall also include a private garage, which may be designed or used for storage of more than two motor vehicles when authorized under this chapter and approved as a conditional use.
E.
Signs, when erected and maintained in accordance with the provisions of Part 10 hereof.
§ 27-403 Minimum Lot Area for Dwelling.
[Ord. 1-1953, 2/9/1953, Art. IV, § 402; as amended by Ord. 436, 8/7/2007, § 1]
A lot area of not less than 6,000 square feet shall be provided for every building hereafter erected, altered, or used in whole or in part as a dwelling.
§ 27-404 Minimum Setback Distance.
[Ord. 1-1953, 2/9/1953, Art. IV, § 403]
Every dwelling shall be so erected that the distance from one side line of the lot to the other (or to the street line on the side, in the case of a corner lot) shall be at least 50 feet when measured on a line parallel to the front street line and touching that part of the dwelling which is nearest to the front street line.
§ 27-405 Maximum Building Area.
[Ord. 1-1953, 2/9/1953, Art. IV, § 404; as amended by Ord. 436, 8/7/2007, § 1]
No more than 22% of the area of any lot may be occupied by the principal building thereon, and no more than 6% of the area of any lot may be occupied by the accessory building or buildings.
§ 27-406 Minimum Lot Coverage for Dwellings.
[Ord. 1-1953, 2/9/1953, Art. IV, § 405; as amended by Ord. 436, 8/7/2007, § 1]
1.
The following minimum areas shall be covered by any dwelling hereafter erected:
Type | Area (square feet) |
|---|---|
One-story single-family dwelling | 840 |
One and one-half story single-family dwelling | 720 |
Two-story single-family dwelling | 550 |
2.
In determining the area of any dwelling, the area of the private garage, if any, shall not be included.
§ 27-407 Front Yard Depth.
[Ord. 1-1953, 2/9/1953, Art. IV, § 406; as amended by Ord. 21-1954, 11/29/1954, § 1; and by Ord. 436, 8/7/2007, § 1]
There shall be a front yard, the depth of which shall be at 35 feet; provided, however, that the depth of the front yard may be reduced to not less than 25 feet when a recorded plan of lots indicates a front yard of 25 feet or when 50% of all the buildings on one side of a street between two intersecting streets shall have been constructed on the twenty-five-foot line.
§ 27-408 Side Yard Width.
[Ord. 1-1953, 2/9/1953, Art. IV, § 407]
On each fifty-foot lot, other than a corner lot, there shall be two side yards, each having a width of not less than five feet and together having an aggregate width of not less than 15 feet in the case of all other buildings or structures; on each sixty-foot lot, other than a corner lot, there shall be two side yards, each having a width of not less than 10 feet, and together having an aggregate width of not less than 20 feet. In the case of all other buildings or structures, each shall have a width of not less than 20 feet. In the case of a corner lot, there shall be two side yards, with the side yard along the side street line having a width of not less than one-half the distance from the front street line to the nearest part of the building, and with the side yard along the other side line having a width of not less than five feet.
§ 27-409 Rear Yard Depth.
[Ord. 1-1953, 2/9/1953, Art. IV, § 408; as amended by Ord. 436, 8/7/2007, § 1]
On each lot other than a through lot, there shall be a rear yard, the depth of which shall be at least 30 feet; provided, that in the case of such a lot held in single and separate ownership at the effective date of this chapter of a depth of less than 100 feet, the depth of the rear yard may be decreased to not less than 15 feet. In the case of a through lot, there shall be a rear yard, the depth of which shall be equal to the required depth of the front yard on the nearest interior lot fronting on the street from which the depth of the rear yard on through lot is measured. The depth of the rear yard on any corner lot or through lot may be decreased to not less than 15 feet when authorized as a special exception; but, such special exception shall be authorized by the Zoning Hearing Board only after it has determined that it is essential to the practical utilization of the lot for building purposes and that other property owners will not be unduly prejudiced thereby.
§ 27-410 Maximum Building Height.
[Ord. 1-1953, 2/9/1953, Art. IV, § 409; as amended by Ord. 436, 8/7/2007, § 1]
No building or structure shall exceed 25 feet or 2 1/2 stories in height.
§ 27-411 Minimum Dwelling Height.
[Ord. 1-1953, 2/9/1953, Art. IV, § 410]
No dwelling hereafter erected shall be less than 14 feet in height.
§ 27-412 Depth and Height Exceptions.
[Ord. 1-1953, 2/9/1953, Art. IV, § 411]
Sections 27-410 and 27-411 of this chapter shall not apply to any use of property of the character referred to in § 27-402B and C of this chapter.
§ 27-413 Parking.
[Ord. 1-1953, 2/9/1953, Art. IV, § 412; as added by Ord. 318, 1/8/1989, § 2; as amended by Ord. 331, 10/4/1988; by Ord. 427, 4/4/2006; by Ord. 436, 8/7/2007, § 1; by Ord. 454, 8/2/2011, § 1]
1.
This section applies only to single family dwellings within the R-1 Zoning District. It is the intent of this chapter that all dwelling units shall be served by an integral or attached enclosed garage and shall have a permanent paved access directly from the street or alley the width of the garage to the parking garage. Off-street parking for all dwelling units may only be permitted in that permanent paved access leading directly from the street or alley the width of the garage to the parking garage. Any alterations or extensions to said permanent paved access, which alterations or extensions are contiguous with said access leading to the parking garage, may be permitted provided that same are in accordance with this chapter and a building or zoning permit is approved as required hereinafter.
2.
Each dwelling unit shall provide at least two parking spaces, as follows: Each dwelling must maintain a garage with an adequate, paved access driveway to the street, said garage to be either integral or attached and constructed in accordance with applicable building codes and ordinances.[1] The garage and driveway access to the adjacent street or alley shall constitute two parking spaces. Any access wider than 10 feet leading directly from the street to the garage will be considered to be part of the additional parking area described below.
[1]
Any condition which existed prior to 10/31/1988 is exempt and may remain until time of removal or replacement. (Repairs are not to be interpreted as replacement.)
3.
Each dwelling may also erect an additional parking area on the property for the purpose of providing additional parking. The additional parking area must meet the following:
A.
The additional parking area that supports the vehicle must be on the owners property and not on Township right-of-way.[2] When the Township was established, fifty-foot or forty-foot wide street rights-of-way were set up for utilities, sidewalks, lampposts, telephone poles, and to maintain adequate visibility and for emergency egress — this area was not intended to be used as a vehicle parking areas.
[2]
Any condition which existed prior to 10/31/1988 is exempt and may remain until time of removal or replacement. (Repairs are not to be interpreted as replacement.)
B.
The additional parking area that supports the vehicle, must not be more than 10 feet wide by 20 feet long or less than seven feet wide by 16 feet long, must be contiguous with the existing garage access to the street, and must have a surface constructed of asphalt, brick, or concrete. This area does not include the egress area through the Township right-of-way which must also be paved with the same material as the parking area.[3]
[3]
Any condition which existed prior to 10/31/1988 is exempt and may remain until time of removal or replacement. (Repairs are not to be interpreted as replacement.)
4.
No less than 60% of the front yard width must be maintained with either grass or other ground cover vegetation.[4]
[4]
Any condition which existed prior to 10/31/1988 is exempt and may remain until time of removal or replacement. (Repairs are not to be interpreted as replacement.)
5.
A building permit and zoning permit, as required, and a landscaping permit (if over 25 cubic yards of dirt are moved), must be applied for and approved by the Code Official and Zoning Officer if more than 12 inches deep layer of earth is to removed, the new parking area disturbs the soil within five feet of the neighboring side yard property lines, or a retaining wall situation is created because of the installation.
6.
Expansion or construction joints must be installed where the paving crosses a utility right-of-way. This is necessary so the utility company can repair the underlining piping with the least disturbance to the paving.[5]
[5]
Any condition which existed prior to 10/31/1988 is exempt and may remain until time of removal or replacement. (Repairs are not to be interpreted as replacement.)
7.
Parking or storing of vehicles on lawns or grass is prohibited.
8.
Except as otherwise provided herein, private off-street parking areas shall be used exclusively for the parking of noncommercial vehicles (passenger vehicles, including cars, pick-up trucks, or vans having passenger vehicle classification) and motorcycles owned and used by the occupants of the premises, including residents, tenants, and visitors.
A.
Truck Parking. Except for loading or unloading of transient delivery, trucks (not registered as passenger class vehicles) and other commercial (non-passenger) vehicle parking in all R Residential Districts (R-1, R-2, and R-3) is limited to the following vehicles owned by or leased to the occupant of the property: double-wheel, single axle vehicles having a maximum registered gross weight of 11,000 pounds and classified as Class 4 or less by the Commonwealth of Pennsylvania, Department of Transportation. Such parking shall be limited to the rear yard or inside a garage, as defined in this chapter. All such Class 4 vehicles and other such non-passenger class vehicles so parked must bear a current inspection sticker by the Commonwealth of Pennsylvania. Except for loading or unloading of transient delivery, no vehicles exceeding Class 4, and no other commercial vehicles or equipment, including any other vehicle or equipment that is either motorized, self-propelled, or designed to be towed by another vehicle for use in commercial or industrial enterprises, such as air compressors, welding units and the like, or any and all earthmoving equipment, such as bulldozers, hi-lifts, backhoes, ditching equipment, and the like, shall be parked or stored at any time on properties in the residential zoning district.
B.
Trailer Parking (Including Boats on or off of Trailers). Except for loading or unloading of transient delivery, trailer or boat parking or storage is prohibited in all R Residential Districts (R-1, R-2, and R-3) except in the rear yard, or inside an enclosed garage.
C.
Recreational Vehicle Parking. Recreational vehicle parking or storage is prohibited in all R Residential Districts (R-1, R-2, and R-3), except as follows:
(1)
The recreational vehicle must be registered to the owner or occupant of the premises, must be licensed, and must bear a current inspection sticker issued by the Commonwealth of Pennsylvania if one is required of the vehicle for highway use.
(2)
No more than one recreational vehicle shall be parked on a lot at any given time.
(3)
The parking of recreational vehicles is permitted in the front of a dwelling once in any seven-day period for a maximum of 72 hours prior to or following use, and only then on an approved driveway surface and not in any open space in front of the front building line of the dwelling or in the front yard (between the front building line and the street). All other parking of a recreational vehicle shall be limited to the rear yard only and shall not be closer than 10 feet to any side or rear property line, except where such property line abuts the street, in which event the recreational vehicle when parked shall not extend beyond the building lines of the lot. Where no building line has been established on the side or rear abutting street, the recreational vehicle shall not be parked closer than 35 feet to the curbline of the abutting street.
(4)
Recreational vehicles shall not be used as temporary or permanent dwellings.
§ 27-414 Accessory Buildings.
[Ord. 1-1953, 2/9/1953, Art. XIII; as added by Ord. 261, 6/7/1977, §§ 1 — 3; as amended by Ord. 289, 5/5/1981, § 1; and by Ord. 436, 8/7/2007, § 1]
1.
Accessory buildings are buildings that are not attached to the principal dwelling on a lot that are used or designed or intended to be used for storage of garden tools or supplies, snow removal equipment or supplies, maintenance tools or supplies or similar tools, equipment or supplies.
2.
No accessory buildings shall be erected on any property located in a residential zoning district unless:
A.
Said accessory building is located in the rear of any lot containing a principal dwelling (the street address of the principal dwelling shall be considered the front of said dwelling).
B.
Said accessory building does not violate any of the building line restrictions as set forth in building codes and ordinances of this Township, enacted at the time it is erected.
C.
Said accessory building shall be kept in repair and the exterior appearance maintained in a manner equivalent to the principal dwelling house on any lot.
D.
The dimensions of said accessory building shall not exceed the following:
(1)
Length: 12 feet.
(2)
Width: 12 feet.
(3)
Height: 10 feet.
(4)
Square feet: 144 square feet.
3.
No person shall cause or permit any accessory building to be constructed or altered upon any property owned by such person or upon any ground rented by him without first having obtained a zoning permit therefore from the Zoning Officer and/or a building permit if required from the Code Official. Such permit shall be issued by the Zoning Officer upon the filing of an application with him, and upon submission and approval of plans and specifications in the case of erection or alteration of any accessory building, if required by the Township's then-applicable building code, and payment of such fees as authorized by Township Ordinance or resolution.
§ 27-415 Satellite Dish or Parabolic Dish Antennas.
[Ord. 1-1953, 2/9/1953, Art. XIII; as added by Ord. 309, 3/9/1985, § 1; and as amended by Ord. 436, 8/7/2007, § 1]
1.
The erection, installation, and maintenance of a satellite or parabolic dish or other antenna devices, the purpose of which is to receive television, radio, microwave or other electrical signals from space satellites shall be governed and controlled by the following conditions:
A.
Only one satellite dish antenna shall be permitted on a residential lot.
B.
No such antenna or other device shall be installed in the front yard of any parcel of realty and shall not be installed closer to the side property line than any greater of the corresponding building line or any building thereon.
C.
In any Residential Zoning District, the maximum diameter of any satellite dish antenna installed on any lot, building or structure shall be 2.5 feet. (In Zoning Districts other than Residential, the maximum diameter of any satellite dish antenna shall not exceed five feet.)
D.
A satellite dish antenna shall not be projected above the peak of a roof, and if said satellite dish is roof-mounted, no point of the satellite dish shall be greater than three feet from the roof's surface. A satellite dish antenna shall be permitted to be mounted on a flat roof so long as the satellite dish projects less than three feet from the roof surface and is mounted in the most inconspicuous location possible as approved by the Zoning Officer.
E.
The maximum height of any ground mounted satellite dish antenna shall be five feet. If ground mounted, the base of any such antenna shall be screened with a landscape area equal in size to the diameter of the satellite dish antenna or 100% opaque fencing. No part of any freestanding satellite dish antenna shall be located closer to any lot line than the greater of the corresponding building line or any building thereon. Installation of any such antenna or other device exceeding five feet at its maximum height, width or depth, including mounting structure, shall be permitted only by special exception, in which case the Zoning Hearing Board shall, as a condition of any approval of same, designate and approve the exact location of the antenna or device and shall required such planting or screening as it deems necessary in its sound judgment.
