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Brady Township Butler County
City Zoning Code

ARTICLE VII

Supplemental Regulations

§ 350-701 Lots of record area and dimensional exceptions.

[Amended 5-21-2024 by Ord. No. 2024-01]
Measurement of lot area, width and frontage.
Lot area shall include all land within the boundaries of any recorded lot except land that lies within an established road right-of-way.
Lot width shall be measured across the lot along the front building setback line between side lot lines. The setback line shall be located on the property a specific distance from the right-of-way line to which the property has access.
Lot frontage shall be measured along the road right-of-way which abuts the property and on which the property has its principal access. If the road right-of-way is 33 feet wide, the lot frontage will be measured along a parallel line 16 1/2 feet from the center line of the cartway.
Lot area relative to on-lot septic disposal. When a lot meets all the area, width and frontage requirements but the Sewage Enforcement Officer determines that the lot area is insufficient to absorb wastewater effluent, he/she may require that either the lot area be increased to accommodate an in-ground disposal system or an alternate means of sewage disposal be installed.
On corner lots. The front building setback line shall apply along both roads regardless of which road a proposed structure is oriented.
Rear lots. A second lot may be created at the rear of a lot fronting on a public road, provided:
Both lots will meet the minimum area and width requirements;
The rear lot is connected to the public road by a right-of-way at least 16 feet in width;
The area of the right-of-way is not included in the area of either lot for determining minimum lot area or width;
The right-of-way will not be extended to serve additional lots or properties; and
Principal buildings on the two lots shall be set back at least 25 feet from the lot line common to both lots.
Only one principal building or use per lot rule.
Generally, a lot shall contain only one principal permitted or approved conditional or special exception use or only one principal building plus accessory buildings. However, an agricultural operation property may contain a dwelling as well as all necessary buildings for that agricultural operation. A commercial or multi-family residential development may occupy several buildings on the same property.
Access to lots or properties. Every lot shall have direct access to a public right-of-way except for leased lots in a mobile home park or campground and except as otherwise provided in this chapter or Chapter 295, Subdivision and Land Development.

§ 350-702 Encroachments into setback areas.

Surface structures. Parking areas, access drives, uncovered patios at ground level and walkways must adhere to the setbacks established for accessory structures in the district in which such surface structure is proposed.
Building projections. Exterior stairways, chimneys, bay windows, roof eaves and unenclosed porches may project into a required yard by a maximum of three feet or 36 inches. Enclosed porches, whether attached to the principal structure or freestanding, must adhere to the setbacks established for principal uses. A flagpole or other free-standing structure not attached to or supported by a building shall not be erected closer to the nearest property line than the pole or structure is long.

§ 350-703 Height limitations.

Maximum permitted height. No building containing a principal permitted use, nor any structure shall exceed 35 feet in height, except that chimneys, church steeples, flagpoles, water tanks, silos, agricultural equipment, roof-mounted mechanical equipment, communications towers and industrial operations requiring a greater height to function shall be exempt from height restrictions.
Measurement of height. Height shall be measured as the vertical distance between finished grade level and the highest point of a wall or roof surface (whichever is higher) using the higher of the front or rear walls of the building, and the finished grade level or the midpoint of the finished grade level along the wall if the surface is uneven and ridge lines. On a sloped-roof building, the height shall be measured at a point halfway between the eave and ridge lines. If several roof levels are involved, the highest point of the roof shall determine the building's height for compliance with this section.

§ 350-704 Accessory buildings and uses.

Sequence. Any accessory building or use may be constructed or placed in operation prior to or concurrent with the construction or occupancy of the principal use it serves.
Maximum height. No accessory building shall exceed 35 feet in height.
Exceptions.
Buildings required in the active operation of agricultural uses are exempt from the requirements of this section;
A dwelling may be located in one accessory building on a property, provided such building is constructed and located in compliance with all area and dimensional standards established for the district wherein the accessory building is proposed.

§ 350-705 Individual manufactured, mobile or modular homes.

[Amended 5-21-2024 by Ord. No. 2024-01]
A manufactured, mobile or modular home shall be considered a single-family detached dwelling, subject to all the privileges and restrictions imposed on such a dwelling by this chapter. An individual manufactured, mobile or modular home implies that it is not in a manufactured, mobile or modular home park but is on its own lot as the principal permitted use.
Foundations, skirting, tie-downs. The home shall be placed on its permanent foundation within 60 days of arrival on its lot. The foundation shall be either at least two masonry piers or a masonry peripheral wall matching the dimensions of the home to be supported, in either case set on concrete footers the bottom of which shall be at least three feet below finished grade. The home shall be securely tied to its foundation by over-the-top or built-in steel straps sufficient to hold the home to its foundation against wind blowing horizontally up to 100 miles an hour from any direction. The space between the home's floor and ground below shall be well ventilated and enclosed by a continuous masonry wall or vinyl skirting maintained in good condition.
Occupancy/use permit required. Placement of a home upon a lot shall require a building or zoning permit. Before a home can be occupied, the Zoning Officer shall inspect the premises and shall determine that the sewage disposal and water supply systems have been installed and are in working order before issuing an occupancy/use permit.
Removal of a home. Before a home is removed from its lot, the owner shall present to the Zoning Officer receipts showing that all Township, county and school district taxes, past and present, have been paid in full. When a home has been removed, and a second home will not immediately replace it on the same foundation, the lot owner shall backfill the site to the original grade within 60 days after removal of the home.
Compliance with codes. Any home brought into the Township after the date of adoption of this chapter shall display evidence that it complies with the National Manufactured Housing Construction and Safety Standards Act and amendments thereto.

§ 350-706 Home-based businesses (no impact).

[Amended 5-21-2024 by Ord. No. 2024-01]
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than immediate family members residing in the dwelling.
There shall be no display or sale or retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including but not limited to storage, parking, signs or lights.
The business activity may not use any equipment, machinery or process which creates noise, vibration, glare, fumes, odors, or smoke, or electrical interference, or interference with radio, television, cable or internet reception, which is detectable in the neighborhood.
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.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.

§ 350-707 Off-street parking, loading and unloading.

[Amended 5-21-2024 by Ord. No. 2024-01]
General regulations.
Off-street parking, loading and unloading facilities shall be provided to lessen congestion in public streets. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.
Each parking space shall consist of not less than 180 square feet of usable area for each motor vehicle, excluding interior driveways, driveways connecting the garage, or parking space, with a street or alley. Notwithstanding the above, all parking spaces shall be ample in size for the vehicles for which use is intended. The net parking space per vehicle shall be not less than nine feet wide and 20 feet long. Outdoor parking spaces, and the approaches thereto, shall be paved, or covered with a dustless compacted surface. Such outdoor parking space shall be deemed to be part of the open space of the lot on which it is located.
A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a yard. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.
(Reserved)
Surfacing. Any off-street parking area shall be graded for proper drainage and shall be provided with a durable and dustless surface, and shall be so arranged as to provide for orderly and safe parking and storage of all vehicles.
Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any R District. Lighting for use by residential property owners shall be aimed downward to illuminate individual driveways or parking spaces.
There shall be adequate provision for ingress and egress to all parking and loading spaces. Where a parking or loading area does not abut on a public right-of-way or easement of access, there shall be provided an access drive not less than 12 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder.
All buildings and structures erected and all uses of land established after the adoption of this section shall be provided with off-street parking spaces as set forth in this section.
The provisions of this section, except where there is a change of use, shall not apply to any existing building or structure.
Whenever a building or structure constructed before the effective date of this section is changed or enlarged in floor area, number of employees, number of housing units, seating capacity or otherwise to create a need for an increase in the number of parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. If a building or structure existing prior to the effective date of this section is enlarged to the extent of 50% or more in floor area or number of housing units it shall then and thereafter comply with the full parking requirements set forth herein.
Off-street parking facilities in existence on the effective date of this section and located on the same lot as the building or use served shall not hereafter be reduced below the requirements for a similar new building or use under the provisions of this section.
Parking facilities required. Any structure or building hereafter erected, converted, or enlarged for any of the following uses, or any outdoor storage area hereafter used for commercial purposes, shall be provided with not less than the minimum number of parking spaces, as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number.
Residential parking.
All dwelling units in single, multiple or group configurations, shall be provided with a minimum of two off-street parking spaces, including those units in planned residential developments. Parking on public streets in PRDs is prohibited.
For the purpose of this chapter, in residential districts, an attached or unattached garage on the premises may be considered as parking space.
Commercial parking. The following regulations shall be applied to retail, office and highway services hereafter erected:
Automobile, and gasoline service stations: at least one parking space for each 200 square feet of floor or ground area, or fraction thereof, devoted to repair, service facilities or convenience retail areas. This shall be in addition to the space allocated for the normal storage of motor vehicles. In no event shall parking be permitted in the public rights-of-way. In the case of service stations a minimum of six spaces other than those designed for pump island access are required.
Bowling alley: five vehicle spaces for each alley.
Church and social hall: at least one parking space for every four persons who can be seated at one time.
Commercial kennels, stables or riding academy: at least one parking space for each two animals accommodated or housed at peak use.
Commercial, public or private recreation: at least one parking space for each two persons who can be accommodated at maximum utilization.
General offices: one space per 300 square feet of gross floor area.
General retail: one space per each 350 square feet of gross floor area.
Medical, dental or chiropractic clinics: at least one parking space for each 250 square feet of gross floor area.
Mini self-storage facilities: one space per 1,000 square feet of gross floor area covered by storage units.
Motels or hotels: at least one parking space for each room plus one space for each two staff persons on the largest shift, plus visitor parking at one space per 500 square feet of gross floor area.
Personal services: one vehicle space for each 150 square feet of gross floor area plus one space for each two employees on largest shift.
Restaurants (deli or drive-through): one space per each 75 square feet of gross floor area plus one space for each two persons employed on the largest shift. Under no conditions will parking on the public right-of-way be permitted.
Retail stores and other places for trade or business not specifically listed: one vehicle space for each 300 square feet of gross floor area.
Schools, public or private: at least one parking space for each classroom plus one space for each six seats provided for public or private assembly.
Specialty retail buildings: at least one parking space for each 400 square feet of gross floor area, or fraction thereof, except when otherwise authorized as a variance consistent with the ratios set forth herein for comparable buildings.
Light industrial or manufacturing parking. Off-street parking shall be provided on the premises in accordance with the following schedule:
Auxiliary office use. Space shall be provided in addition to the above parking requirements at a ratio of one space per each 350 square feet of gross floor area denoted to said use.
Light fabricating and assembly (machine shop): one vehicle parking space for each two employees on the combined major and next largest shift.
Sawmill or lumberyard: one space for each employee on the largest shift plus six spaces for customer parking.
Truck terminals and wholesale warehouses: one parking space for each two employees on the combined major and next largest shift.
For all other nonresidential uses, on-site parking shall be provided as needed for the operation of the use.
Loading and unloading space.
In addition to the off-street parking space required above, any building erected, converted or enlarged in any district for commercial, office building, manufacturing, wholesale, hospital or similar uses shall provide adequate off-street area for loading and unloading of vehicles. The minimum size loading space shall be 65 feet in depth, 12 feet in width, with an overhead clearance of 14 feet.
In no case where a building is erected, converted or enlarged for commercial, manufacturing, or business purposes shall the public rights-of-way be used for loading and unloading of materials.

§ 350-708 Buffer yards (screening).

Where in this chapter buffer yards are required to provide a screen along the perimeter of property boundary lines or at other specified locations, the design standards shall be as follows:
Buffer yard width shall be a minimum of 15 feet;
A mix of deciduous and evergreen trees at a ratio of 50%/50% a minimum of two inches in caliper shall be planted on ten-foot centers in two staggered rows;
The remaining area shall be planted with low ground cover foliage or perennial grass;
Existing vegetation may count toward required planting;
Fencing may be provided to supplement the buffer area.

§ 350-709 Performance standards.

General performance standards. All uses in all districts shall be subject to the following standards of operations.
Environmental performance standards. The developer shall determine the presence of environmental or natural features on any site proposed for land development and shall meet the following standards for environmental protection. Site alterations, regrading, filling or clearing of vegetation prior to approval of the plans for development shall be a violation of this article.
Floodplain delineation. One-hundred-year floodplains shall be delineated by accepted analytical procedures approved by the Township Engineer.
Floodplain development. Development activities shall be regulated as per the provisions of current floodplain regulations, as amended from time to time, and applicable commonwealth regulations, specifically Chapter 105, Title 25, of the Pennsylvania Code.
Steep slopes. In areas of steep slopes, i.e., those above 15%, the following standards shall apply:
Sixteen percent to 25%: No more than 60% of such areas shall be developed and/or regraded or stripped of vegetation.
Twenty-six percent or more: Earth disturbance activities are generally restricted except as authorized by the Township Engineer.
Forest. No more than 50% of any forest as defined may be cleared or developed.
Ponds, watercourses or wetlands. No development, filling, piping or diverting shall be permitted except for required roads and utility line extensions, unless permitted by the appropriate state, county or regulatory agency.
Stormwater drainage and management. All plans shall comply with the provisions of state and local regulations in effect at the time of final approval.
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, Chapter 102 of Title 25 of the Pennsylvania Code, and the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania Department of Environmental Protection. In addition, a Soil Erosion and Sediment Control Plan (ES and SC 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 than single-family construction.
Odor. Those standards for the control of odorous emissions established by Butler County or the Pennsylvania Department of Environmental Protection shall be applied in all zoning districts. Where an odor is deemed offensive, a duly authorized Township representative shall refer the matter to the proper agency.
Storage and waste disposal. No highly flammable, explosive or toxic liquids, solids or gases shall be stored in bulk (over 500 gallons), above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
All permanent bulk outdoor storage facilities for fuel over 500 gallons, raw materials and products and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces; nor shall any substance which can contaminate wells, watercourses, or potable water supplies otherwise render such wells, watercourses, or potable water supplies undesirable as sources of water supply or recreation; nor shall any substance which will destroy aquatic life be allowed to enter any wells, watercourses, or potable water supplies. A Pennsylvania Department of Environmental Protection approved plan for spill containment shall be submitted to the Township for review by the Township Engineer prior to the issuance of any required permit.
Any materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
Air pollution. No emission at any point from any chimney or otherwise of visible smoke in excess of that permitted by the Air Pollution Control Regulations of Butler County or the Pennsylvania Department of Environmental Protection shall be permitted.
Dust, fumes, vapors, and gases. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation, or to property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines or onto any public road.
Vibrations. No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments with the exception of vibration produced as a result of temporary construction activity.
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.
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 the lot line or beyond.
Noise. No industry which by the nature of its use, operation or activity produces noise of objectionable character or volume will be permitted.
Electrical disturbance or radioactivity. No activities which emit dangerous radioactivity at any point are permitted and no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance shall be permitted.
Maintenance of property. The owner or lessee of the property, except land being actively farmed, whether occupied or vacant located within or adjacent to any developed area, shall maintain such premises so that all portions of the property shall be kept free of junk, debris, disabled motor vehicles, and dangerous, objectionable or noxious matter.
Vehicle and equipment maintenance.
In the L-1 Light Industrial and H-C Highway Commercial zoning districts, all movable equipment repair done on the property shall be performed within an enclosed building, except that minor maintenance activities may be completed on the exterior of a lot where space has been provided for the temporary parking or storage of vehicles and movable equipment.
In residentially zoned areas, minor vehicle maintenance activities may be conducted in driveways, but in no case shall repairs be made on vehicles and movable equipment which would result in the permanent storage of said vehicles or movable equipment on the exterior of the lot.

§ 350-710 Swimming pools.

The following criteria shall be applied to all applications for the installation of either aboveground or in-ground swimming pools, as defined:
A pool shall be placed only in the rear or side yard of a lot.
The pool shall be set back from the property line the same distance as for the primary structure.
Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All equipment required in the operation of the pool shall be accessible for maintenance.
Public swimming pools shall be designed and constructed based on standards adopted by the Pennsylvania Department of Health.