Brecknock Township City Zoning Code
ARTICLE VI
Supplementary District Regulations
§ 110-27 Accessory buildings, structures and uses.
A.
Swimming pools.
(1)
Private noncommercial swimming pools, including decks, shall be located in rear yards or side yards only and shall be located a minimum distance of 10 feet from all property lines.
(2)
Public swimming pools and private commercial swimming pools shall comply in all respects with the front, side and rear yard requirements of this chapter for the principal building.
(3)
No swimming pool shall be erected or constructed unless it is enclosed by a permanent fence containing no vertical interspace of more than four inches and having a self-closing gate which is at least four feet in height. Aboveground pools may combine fencing with the height of exterior walls to obtain the necessary four-foot barrier, provided that all portions of the exterior wall with fencing are a minimum of four feet above grade.
[Amended 10-11-1994 by Ord. No. 100]
(4)
All pool electricity shall be installed as required by the current amended National Electric Code.
(5)
Any lights used in conjunction with the pool shall be shielded in such a manner to prevent glare on adjoining properties.
(6)
All swimming pools must be properly filtered and chlorinated during the time they are in use according to the manufacturer's or installer's recommended specifications.
(7)
For the purpose of this section, a "private swimming pool" shall be defined as any reasonably permanent pool or open tank not located within a completely enclosed building, whether or not affixed to the land, and containing or normally capable of containing water to a depth at any point greater than 24 inches.
[Amended 5-11-2010 by Ord. No. 171]
B.
Patios, decks and porches.
(1)
No patio, deck or porch shall be located within 10 feet of any property line or between the building setback line and the street line.
C.
Tennis courts.
(1)
Private tennis courts shall be permitted within side or rear yards, provided that such facility, including fences, shall not be less than 10 feet from side or rear property lines.
(2)
A permanent open mesh fence 10 feet in height shall be provided behind each baseline. This fence shall be parallel to the baseline and at least 10 feet beyond the playing surface unless the entire court is enclosed.
(3)
Lighting fixtures, if provided, shall not create objectionable glare on abutting properties.
D.
Utility buildings.
(1)
No utility building shall be erected in the front yard.
(2)
The combined floor area of all utility buildings shall not exceed 200 square feet of floor area, and no utility building shall exceed 10 feet in height, excluding ornamentation.
(3)
No utility building shall be located closer than five feet to the rear or side property lines or easement line.
(4)
No outdoor storage of any materials shall be permitted between the utility building and the property line.
E.
Fences and walls.
(1)
All fences and walls which are part of landscaping shall be exempted from all building setback line and yard requirements.
(2)
No permanent fence or wall shall be erected within 10 feet of the property line which is over six feet in height.
(3)
No fence or wall with a vertical or horizontal interspacing of less than 12 inches exceeding three feet in height shall be erected within the required front yard setback unless higher screening or fencing is required by other provisions of this Zoning Chapter.
(4)
No fence or wall shall block motorists' view of vehicles entering or exiting the property or any adjacent property.
F.
Private garages.
(1)
The total building footprint of all private residential garages, whether proposed singularly or in aggregate, shall not exceed the total building footprint of the principal dwelling unit on the property.
[Amended 5-11-2010 by Ord. No. 171; 12-16-2013 by Ord. No. 194-2013]
(2)
The maximum height shall not exceed 20 feet.
(3)
No structure shall be permitted between the building setback line and the street right-of-way line.
(4)
No structure shall be located within the minimum side yard of the prevailing district.
(5)
No structure shall be located within 10 feet of the rear property line.
G.
Other accessory structures.
(1)
No structure shall be permitted between the building setback line and the street right-of-way.
(2)
No structure shall be located within the minimum side yard of the prevailing district.
(3)
No structure shall be within 10 feet of the rear property line.
(4)
The maximum height of other accessory structures shall not exceed 28 feet in the Agricultural (AG), Agricultural-2 (AG-2), and Forest Recreation (FR) zoning districts; in all other zoning districts the maximum height of other accessory structures shall not exceed 20 feet.
[Amended 6-12-2018 by Ord. No. 216-2018]
(5)
The total building footprint of all residential accessory structures, whether proposed singularly or in aggregate, shall not exceed the total building footprint of the principal dwelling unit on the property.
[Added 12-16-2013 by Ord. No. 194-2013]
H.
Parking area reservation.
(1)
All off-street parking areas shall be reserved and used for automobile parking only, with no sales, dead storage, repair work or dismantling of any kind on residential dwelling lots in residential districts.
(2)
When parked on a residential lot, no vehicle shall be operated in any manner which creates noise, odor, dust, dirt or glare perceptible at the property line.
(3)
One recreational vehicle is permitted for storage purposes only and is not to be used for sleeping, recreational or living purposes at any time or in any way.
(4)
No boats, campers, recreational vehicles, trailers and/or trucks with more than two axles (except personal pickup trucks) shall be stored within any front yard area.
(5)
Vehicles shall not be parked in a manner which obstructs the view of motorists.
(6)
No utility trailer (open or closed), boat, motor home, camper, tractor trailer (cabs and/or trailer), school buses or recreational vehicles shall be permitted to park within any public street and public right-of-way when located within the Residential Low, Residential Medium and Neighborhood Commercial Zoning District.
[Added 5-11-2010 by Ord. No. 171]
I.
Antennas. The unique shape, reception and height requirements of antennas present an array of concerns relating to the health, safety and aesthetic integrity of the Township. Therefore, it is the intent of this Zoning Chapter to impose reasonable regulations concerning such devices without infringing upon rights granted by the Federal Communications Commission (FCC). If an applicant can demonstrate that such rights would be violated due to unique site constraints or other such conditions, the applicant shall be exempt from only those requirements which create such hardships. The following requirements shall apply to all applicable antennas:
(1)
Within the FR, AG, AG-2, RL and RM Zoning Districts, no more than one satellite dish shall be permitted on a property. Additionally, in such zoning districts antennas shall not exceed 45 feet in height, measured from the top of the antenna to the ground level.
(3)
Satellite dish antennas which are not roof-mounted or tower-mounted shall comply with the following:
(a)
The diameter of the dish shall not exceed 12 feet.
(b)
No portion of the structure shall exceed 15 feet in height.
(c)
Such structures shall be set back from all adjacent properties a minimum of 10 feet or a distance equal to the height of the satellite dish antenna, whichever is greater.
(d)
Satellite dish antennas shall be surrounded by a complete visual barrier composed of evergreen plantings which are at least four feet in height when planted on site and which will achieve a mature height sufficient to screen the entire antenna from the ground floor elevations of adjoining properties. If such screening will impair the reception of the antenna, the applicant shall demonstrate that such is the case and shall install evergreen plantings which, when mature, will be maintained at a height which is within two feet of the determined height of interference. Screening must be planted within six months of the antenna installation date.
(e)
All satellite dish antennas shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area.
(f)
A zoning permit shall be obtained prior to the installation of a satellite dish antenna. The permit application shall demonstrate compliance with this Zoning Chapter and all other applicable municipal regulations.
J.
Alternative energy sources.
(1)
Wind energy conservation systems (WECS) shall comply with the following requirements:
(a)
Zoning and building permits shall be obtained prior to the construction of a WECS.
(b)
WECS units shall not be permitted within the front yard of any property which is not utilized as a farm.
(c)
Height regulations do not apply to these facilities, provided that the height of the structure is not greater than the shortest horizontal distance to any property line.
(d)
WECS units shall not create noise which is perceptible beyond the property line.
(e)
Zoning and building permit applications for a WECS unit, which is not proposed to be located on a farm, shall include a statement from a registered professional engineer indicating that acceptable structural engineering principles have been applied to the proposed construction of the unit which will result in a satisfactory level of safety. Such statement shall address the forces on the foundation (including live and dead loads), allowable and actual forces on cables, rods and braces, soil bearing pressures, wind loading forces and the safety factor against overturning. WECS units shall be installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area and shall have a minimum safety factor against overturning of 2.0.
(2)
Solar energy units shall comply with the following:
(a)
Solar units require zoning and building permits and shall be set back from all property lines a minimum of 10 feet or a distance equal to the height of the unit, whichever is greater.
(b)
Solar units shall not be located in the front yard of any property unless such a location is either completely screened from view of all adjacent properties and roads or if unique site constraints prohibit the placement of the unit elsewhere on the property.
§ 110-28 Erection of more than one principal dwelling on a lot.
[Amended 8-14-2007 by Ord. No. 163; 5-11-2010 by Ord. No. 171]
A.
More than one principal dwelling, permitted by right, by special exception, or by conditional use, may be erected on a single lot within the Residential Medium and Neighborhood Commercial Zoning Districts.
B.
No more than one principal dwelling is permitted to be erected on a single lot within the Agricultural, Agricultural 2, Forest Recreational and Residential Low Zoning Districts.
§ 110-29 Exceptions to height regulations.
The height limitations contained in the district regulations[1] do not apply to spires, belfries, cupolas, water tanks, silos, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
§ 110-30 Projections into required yards.
The projection of any overhanging eaves, gutters or cornices which utilize the building for support, but not being enclosed or part of the living area of the building, may extend into the required yard not more than 15 feet, provided that no projection shall extend closer than five feet to any lot line. Facilities installed to provide access to the handicapped may extend into any front yard.
§ 110-31 Obstruction to vision.
[Amended 4-9-2013 by Ord. No. 190-2013]
Clear sight triangles shall be provided at all driveway entrances and street intersections and shall be shown on all plans in accordance with the requirements of the Brecknock Township Subdivision and Land Development Ordinance, Article VIII.[1] All clear sight triangles shall be kept clear and maintained free of obstructions to vision, and no person shall place, plant, deposit or permit the placement, planting or deposit of any material, bush, fence, tree, shrub or other obstruction of a height greater than 30 inches or tree limbs lower than eight feet within such clear sight triangles.
§ 110-32 Building setback lines and street classifications.
A.
The following building setback lines shall be established for the various street classifications in the Township, subject to the front yard requirements of the district in which the property is located. For all purposes of this chapter, existing streets are classified on the Official Map of Brecknock Township, as adopted by Ordinance 182-2012.[1] All proposed streets shall be considered local streets unless classified otherwise by the Board of Supervisors.
[Amended 4-9-2013 by Ord. No. 190-2013]
(1)
Building setback lines on all arterial streets shall be established at 100 feet from the center line of the street or 50 feet from the right-of-way, whichever is greater.
(2)
Building setback lines on all major collector and minor collector streets shall be established at 60 feet from the center lines of the street or 30 feet from the right-of-way, whichever is greater.
(3)
Building setback lines on all local access streets shall be established at 50 feet from the center line of the street or 25 feet from the right-of-way, whichever is greater.
B.
In developed areas where existing buildings are located closer to the street than is permitted by these regulations, a new building may be placed at the same building line as the adjacent buildings along the street. If the adjacent buildings have varying setbacks, the proposed building shall not be located closer to the street than the average setback distance of the two existing adjacent buildings along the street.
§ 110-33 Slope.
In those areas of the Township where the natural slope of the land exceeds 20%, no structure will be erected which will unduly disturb existing grade and natural soil conditions. A statement must be prepared by a registered architect, engineer or landscape architect in regard to the building method used in overcoming foundation problems, the maintenance of the natural watershed and the means for prevention of soil erosion. The erection of any such structure may be approved by the Zoning Hearing Board as a special exception prior to the issuance of any permit for construction.
§ 110-34 Prohibited uses.
Any occupation, trade or process, except agricultural uses, which may be in any way dangerous, noxious or injurious to the health or be offensive to the inhabitants of the neighborhood shall be prohibited; provided, however, that agricultural uses which create a nuisance as a result of negligent or improper agricultural operations shall be prohibited.
§ 110-35 Uses neither specifically permitted nor denied.
Whenever under this chapter a use is neither specifically permitted nor denied and an application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Zoning Hearing Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The use may be permitted if it is similar to and compatible with the permitted uses in the district in which the subject property is located, is not permitted in any other district under the terms of this chapter and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood.