Coolbaugh Township City Zoning Code
ARTICLE V
Supplementary Regulations
§ 400-15 Applicability.
The standards that follow shall be applied to the specific situations indicated and are intended to supplement the other standards of this chapter. The standards contained in a specific section regulating a specific use shall not exempt said use from other applicable regulations contained in this chapter.
§ 400-16 General, unique lots, and setbacks.
A.
Reduction of required area or space. The area or dimension of any existing lot, setback, parking area or other space shall not be reduced to less than the minimum required by this chapter.
B.
Minimum building envelope for newly created lots. A minimum building envelope for newly created lots shall be provided in accord with Chapter 355, Subdivision and Land Development.
C.
Frontage required onto improved street. Every building hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Board of Supervisors, and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
E.
Clear sight triangle.
(1)
Streets. On any corner lot, no structure, fence, wall, shrub or plant more than 24 inches higher than the road surface shall be erected or maintained within a triangular area of three external points located 75 feet (in each of three directions) from the point of intersection of the two street center lines.
(2)
Driveways. On any lot, no structure, fence, wall, shrub or plant more than 24 inches higher than the road surface shall be erected or maintained within an area along the edge of the cartway from a point on the center line of the intersecting driveway, distant 15 feet from the nearest edge of the cartway of the through road to the points on the center line of the through road for a distance of:
F.
Height limitations. (See § 400-18K for accessory wind turbine generators, § 400-67 for commercial communication devices, and § 400-91 for wind energy facilities.) Unless otherwise regulated by this chapter, height regulations shall not apply to spires, belfries, cupolas, domes, not used for human occupancy, nor to chimneys, ventilators, monuments, water towers, masts and aerials, television antennas, public utility structures that are not buildings, silos, chimneys, ventilators, and parapet walls extending not more than five feet above the regulated height of the building, skylights, bulkheads, and ornamental or necessary mechanical appurtenances. Any such structure which exceeds a height of 50 feet, 80 feet for agricultural structures, shall be considered a conditional use and increased setbacks may be required.
G.
Projections into setbacks. (See § 400-18A for accessory structures.) The following projections shall be permitted into required setbacks and shall not be considered in the determination of setback size or lot coverage:
(1)
Terraces or patios, provided that such terraces or patios are unroofed and are not otherwise enclosed and are not closer than 10 feet to any adjacent lot line.
(2)
Projecting architectural features (bay windows, cornices, eaves, fireplaces, chimneys, window sills or other architectural features not required for structural support) may project into the required front, side or rear yard not more than a total of three feet.
(3)
Uncovered stairs and landings, provided such stairs or landings do not exceed three feet six inches in height, at any point from the finished grade; and, further provided, that the landing does not exceed 36 square feet in area or exceed six feet in width in any direction.
(4)
Open balconies, provided such balconies are not supported on the ground and do not project more than five feet into any yard nor closer than 10 feet to any adjacent lot line.
H.
Street frontage/front setbacks. In the case where a lot fronts on more than one street, the required front setback shall be provided along each street frontage. The required side setback shall be provided along all other property lines.
I.
Front setback exception. When an unimproved lot is situated between two improved lots with front yard dimensions and setbacks less than those required for the district, the front yard required may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that in no case shall the front yard be reduced by more than 50% of the required front yard for that district.
J.
Extension of nonconforming setbacks. (See also Article XI and § 400-101C.) A structure which is nonconforming as to a side or rear setback requirement may be extended along the nonconforming setback line a distance not to exceed 50% of the length of the nonconforming part of the structure as it existed at the effective date of this chapter. However, the height of any such extension shall not exceed the lesser of the existing height of the nonconforming structure or the applicable district maximum height.
K.
Access drives; driveways. Access drives and driveways serving a permitted use shall be permitted in all setbacks except as may be otherwise regulated by this chapter. For single-family dwellings and two-family dwellings, a buffer of not less than five feet shall be maintained from rear and side property lines. See § 400-19I for multifamily dwellings and nonresidential uses. The location of access drives and driveways may also be affected by highway occupancy permit requirements.
L.
Setbacks across municipal boundaries. The setback and buffer provisions of this chapter shall also be applied to uses proposed within Coolbaugh Township which abut an existing dwelling or principally residential zoning district located in an adjoining municipality.
M.
Prohibited accessory structures and additions. Mobile homes, recreation vehicles, or travel trailers shall not be altered or combined in any fashion for use as a stand alone accessory structure or affixed to another mobile home or any structure as an addition.
§ 400-17 Two or more buildings and/or uses on a parcel.
A.
Residential density. For the purposes of density of residential structures, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three. The lot size for a two-family dwelling shall be twice the lot size required for a single-family dwelling in the district of location.
B.
Nonresidential uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel, provided all other standards of this chapter are satisfied. This shall not apply to adult businesses, junkyards, mineral extraction, solid waste facilities, or other uses with a special size requirement listed in this chapter, in which case the parcel size shall be increased to provide for the minimum land area required for each use on the parcel.
C.
Residential and nonresidential on the same lot.
(1)
One residential dwelling unit per property shall be permitted in association with a nonresidential use(s) without an increase in the minimum lot size requirement, provided said unit is attached to and is an integral part of a principal nonresidential structure.
(2)
All minimum dwelling unit sizes shall apply.
(3)
Separate entrances and exits shall be provided.
(4)
Any additional residential dwelling units shall be permitted on the same lot as a nonresidential use only if the lot is sufficient in size to meet the residential unit density required by this chapter in addition to the land area needed to meet the density requirement for the nonresidential use.
D.
Structure separation. Principal structures located on the same lot shall be separated by a distance at least the greater of 20 feet or the height of the highest adjoining structure, unless an applicable building code requires a larger separation. (See § 400-18A for accessory structures.)
E.
Sewage disposal. All uses shall be provided with adequate sewage disposal facilities meeting Township and PA DEP requirements.
§ 400-18 Accessory structures and uses.
A.
Accessory structures.
(1)
Accessory buildings, structures or accessory uses. All accessory buildings and structures shall conform with minimum setback regulations for principal structures, except as provided in this Subsection A.
(a)
Unattached structures accessory to residential buildings.
[1]
Structures accessory to residential buildings and which are not attached to a principal structure shall not exceed a height of 18 feet.
[2]
Unattached accessory structures shall be set back a minimum of five feet from principal or other accessory structures and shall be located in compliance with the required front and side setbacks and not less than five feet from any rear property line.
[3]
Accessory buildings used for storage shall be constructed of materials customarily used in the construction of residential and commercial buildings. Structures originally intended for another purpose, such as conveyance of goods or people, shall not qualify as an accessory building.
[4]
In addition, in R-1, R-2 and R-3 Districts, the following standards shall apply to all accessory buildings, except private garages:
(b)
Unattached structures accessory to nonresidential buildings. Unattached structures accessory to nonresidential buildings shall:
[1]
Comply with front and side setback requirements for the principal structure.
[2]
Not be permitted in front of the principal structure.
[3]
Have a minimum rear yard of 20 feet.
[4]
Be located at least 20 feet from any other structure.
[5]
Be properly landscaped and developed so as to preserve the privacy and visual attractiveness of the surroundings.
[6]
Be constructed of materials customarily used in the construction of residential and commercial buildings. Structures originally intended for another purpose, such as conveyance of goods or people, shall not qualify as an accessory building.
B.
Fences. Unless specifically noted, the provisions of this chapter shall not apply to fences. However, no fence shall be erected in any public road right-of-way.
C.
No-impact home-based businesses and home occupations. It is the intent of this subsection to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the home occupation. The burden of proof shall be on the applicant to demonstrate that the standards will be met.
(1)
No-impact home-based businesses. In accord with the Pennsylvania Municipalities Planning Code,[1] the following no-impact home-based businesses shall be permitted as an accessory use in all zoning districts. A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity shall satisfy the following requirements as set forth in § 107 of the Pennsylvania Municipalities Planning Code:[2]
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The businesses shall employ no other employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e)
The business activity shall 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.
(f)
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area.
(2)
Home occupations. If a proposed home occupation does not qualify as a no-impact home occupation, it shall be considered a special exception and the following standards shall apply:
(a)
The home occupation shall be conducted entirely inside the principal building or accessory structure and shall be clearly incidental and secondary to the use of the dwelling as a residence.
(b)
The total area used by all home occupations on the premises does not exceed 50% of the gross floor area of the dwelling unit, including basement, and accessory structures as existed at the effective date of this chapter.
(c)
No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation(s) shall be permitted.
(d)
There shall be no evidence visible from outside the dwelling (show windows, business displays, advertising, etc.) that a home occupation is being operated except for a sign, if permitted, and required parking area.
(e)
A maximum of two persons other than members of the immediate family residing in the dwelling shall be employed in the home occupation. The total of all employees of all home occupations on the premises, including family members, shall not exceed six persons.
(f)
Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private street right-of-way.
(g)
No home occupation shall generate nuisances such as traffic, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.
(h)
No goods or items for retail or wholesale sale shall be permitted except for items handcrafted on the premises or goods and items incidental to the operation of an approved home occupation with the total display and/or storage area limited to indoors and not more than 200 square feet.
(i)
The use shall not require servicing by, deliveries by or parking of tractor-trailer trucks. In the R-1, R-2 and R-3 Districts, the use shall not require the parking or servicing by a vehicle with more than 26,000 pounds registered gross vehicle weight, except for deliveries of a maximum of two times per day.
(j)
One sign not more than 10 square feet for each face shall be permitted in accord with Article XIII.
(l)
The following uses shall not be permitted as home occupations: commercial stables; veterinarians; commercial kennels; motor vehicle repair, painting or detailing or small engine repair shops; retail or wholesale sales; restaurants; crematoria; funeral parlors or other uses not meeting the requirements of this Subsection C(2).
D.
Accessory parking areas and garages.
(1)
Accessory off-street parking areas or garages serving the residential or nonresidential parking demand created by the principal building are permitted in accord with § 400-19.
(2)
Off-street parking of one unoccupied recreational vehicle on any one residential lot is permitted, provided, that the vehicle is located to the side or rear of the principal residential structure and not within any required front yard setbacks.
(3)
The parking of commercial or industrial vehicles or equipment on residential lots is permitted at the rate of one vehicle or piece of equipment per each full acre of lot area up to a maximum of four vehicles per parcel or lot. With the exception of one light-duty commercial vehicle having a cargo bed length of less than 12 feet, no commercial vehicle or industrial equipment shall be stored or parked within the front or side setbacks.
E.
Home gardening nurseries and greenhouses. Home gardening and accessory structures used for home nurseries or as home greenhouses are permitted in all districts but shall not include the outdoor storage of equipment and supplies and shall meet district setback requirements. No permit shall be required except for accessory structures.
F.
Stables, private. Private stables are permitted in accord with the Schedule of Uses subject to the requirements of this chapter.
G.
Helistops as an accessory use. Helistops as accessory uses, in addition to the performance standards in § 400-49 and all other applicable chapter requirements, shall comply with the following standards:
H.
Satellite dish antennas. All private satellite dish antennas shall be considered structures and shall maintain the setbacks required for accessory structures; however, a permit shall not be required.
J.
Temporary construction buildings. A temporary construction building shall require a permit from the Zoning Officer, who shall set a date for termination not more than one year from the issuance. Renewal of the permit for an additional one year shall be granted by the Zoning Officer for just cause. The buildings shall be removed 30 days after the use ends or the permit expires, whichever comes first.
K.
Wind turbine generators, accessory. An accessory wind turbine generator is a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any, and which is sized and intended to be used to generate electricity for the principal structure to which it is accessory. Accessory wind turbine generators are permitted in all districts only in compliance with the following and other applicable standards of this chapter:
(2)
Setback.
(a)
No part of the wind turbine generator structure shall be located less than 1.1 times the total height of the wind turbine from property lines and public road rights-of-way as measured from the highest point of the rotor plane or support structure, whichever is higher.
(b)
Guy wire anchors shall not extend closer than 10 feet to any property line or road-right-of-way.
(3)
Uniform Construction Code; manufacturer's standards.
(a)
Applications for accessory wind turbine generators shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings, documenting compliance with the Uniform Construction Code.
(b)
The generator and support structure shall be installed in accord with all Uniform Construction Code and manufacturer requirements.
(c)
Prior to the issuance of a certificate of use in accord with § 400-121G, the applicant shall provide certification from a Pennsylvania registered professional engineer that the generator and support structure have been installed in accord with all Uniform Construction Code and manufacturer requirements. If deemed necessary by the Zoning Officer, the Zoning Officer may require certification from a registered professional engineer or a representative of the manufacturer.
(4)
Climb prevention/locks/fence.
(a)
Wind turbines shall not include attached ladders or other such attachments that would allow access to the first 15 feet of the turbine above ground level.
(b)
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent access by nonauthorized persons.
(5)
Noise and shadow flicker.
(a)
Audible sound from an accessory wind turbine generator shall not exceed 45 dBA as measured at the property line of the parcel on which the accessory wind turbine generator is located. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(b)
Best efforts shall be used to minimize shadow flicker to any occupied building on any other parcel.
(6)
Color and lighting; FAA. Accessory wind turbine generators and support structures, including rotors, shall be a nonobtrusive color such as white, off-white or gray. Wind turbines shall comply with all applicable Federal Aviation Administration (FAA) and PennDOT Bureau of Aviation regulations. No wind turbine shall be artificially lighted, except as required by FAA requirements.
(7)
Speed control. All wind turbine generators shall be equipped with manual and automatic overspeed controls to limit rotation of the wind rotor to a speed below the designed limits of the system.
(8)
Utility company. No wind turbine generator shall be installed until documentation has been provided that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-the-grid systems shall be exempt from this requirement.
(9)
Number on property. No more than three wind turbine generators shall be permitted (with a total output not to exceed 40 kilowatts) on a single property.
(10)
Accessory building. When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, eight feet in height and shall not be located within any required front, side or rear setbacks.
(11)
Drawings; site plan. Permit applications shall be accompanied by detailed drawings of the wind turbine generator including the supporting structure, footings, electrical details and required equipment. The proposed installation shall be in compliance with the 2006 IECC and be certified by a professional engineer. A plot plan shall be provided to document all required setbacks, and a survey may be required in accord with § 400-121C(4).
(12)
Certification. Upon completion of constructing a the wind turbine generator, and prior to operation, the installer shall certify that all components have been installed in accordance with the plans and specifications that were submitted with the permit application.
(13)
Removal. Any wind turbine generator that is inoperable and has not functioned for a period of 12 months shall be deemed to have been abandoned and shall, upon notification by Coolbaugh Township, be subject to removal by the owner, at the owner's expense.
L.
Solar collectors, accessory. An accessory solar collector is a freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy that contributes significantly to a structure's energy supply and which is sized and intended to be used to generate electricity for the principal structure to which it is accessory.
(1)
Districts; standards. Accessory solar collectors and associated energy storage facilities are permitted in all districts only in compliance with this Subsection L and other applicable standards of this chapter.
(2)
Excess electricity. Accessory solar collectors shall provide power for the principal use and/or accessory use of the property on which it is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
(3)
Mounting. A solar energy system may be roof-mounted or ground-mounted.
(4)
Height.
(a)
Roof-mounted. A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, shall not exceed the maximum building height or accessory building height specified for the underlying zoning district.
(b)
Freestanding. A freestanding system shall not exceed the maximum building height for accessory buildings.
(6)
Accessory building. When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, eight feet in height and shall not be located within any required front, side or rear setbacks.
(7)
Power lines. All power transmission lines from a freestanding solar energy system to any building or other structure shall be located underground.
(8)
Uniform Construction Code; manufacturer's standards. The system shall be installed in accord with Uniform Construction Code and manufacturer's standards.
(9)
Removal. The solar collectors and all associated equipment and facilities shall be immediately removed when it is no longer in service and failure to do so shall constitute a zoning violation.
M.
Freshwater ponds. Any freshwater pond constructed in association with any residential, agricultural or commercial use shall comply with the property line setbacks as required by the applicable zoning district. However, no fence and no zoning permit shall be required.
N.
Private cemeteries. Private cemeteries shall be permitted as an accessory use in association with parcels of 10 acres or more, with the cemetery to be on a separately deeded parcel of 0.5 acre.
O.
Garage/yard sales.
(1)
Garage/yard sales, or similar activities, shall not be conducted on the same parcel for more than three consecutive days and not more than twice a year.
(2)
Garage/yard sales shall not encourage or allow patron parking that interferes with the flow of traffic or poses any threat to public safety.
(3)
Any garage/yard sale that impedes traffic or poses a threat to public safety shall be subject to action by the law enforcement agency whose jurisdiction is affected by the operation of the garage/yard sale.
(4)
Garage/yard sales shall be limited to operate between the hours of 8:00 a.m. and dusk.
(5)
A permit shall not be required for garage/yard sales.
P.
Private flea markets. Private flea markets conducted by a service, nonprofit, religious or charitable organization are permitted as accessory uses, provided that the same are conducted upon lands owned by such organizations or conducted upon land situated in a commercial district leased to such organization. Any such organization may not conduct a private flea market for more than seven successive days and not more than two such periods in any one calendar year.
Q.
Outdoor storage or display of items for sale. Outdoor storage or display of items for sale is a permitted accessory use in the C-1 and C-3 Districts in accord with § 400-49D.
R.
Farm stands. Stands for the sale of farm, nursery, or greenhouse products produced on the premises where offered for sale are permitted in accord with the following:
T.
Forestry. Forestry is a permitted use in all districts subject to the requirements of Chapter 257, Natural Features Conservation, of the Code of the Township of Coolbaugh and any applicable state or federal regulations.
U.
Retail sales of items warehoused or manufactured on site. Retail sales of items warehoused or manufactured on site shall be permitted as an accessory use in the I District. Any such use shall be subject to the following specific regulations and requirements:
(1)
The hours of operation will conform with local area retail hours.
(2)
The maximum retail use shall be limited to 10% of the gross square footage of the building facilities or 5,000 square feet, whichever is less.
(3)
Only merchandise manufactured by, on behalf of, or for the applicant may be sold on the premises.
(4)
The secondary retail use must be wholly owned by the applicant, its parent, affiliate or subsidiary and will not be sublet.
(5)
Restroom facilities shall be provided for the public.
(6)
The subject premises shall be served by a public road.
(7)
Minimum parking shall be provided as required by this chapter, and the parking for the secondary retail use shall be so designated, and be kept separate and apart from, any required off-street loading area.
V.
Guard shacks. Accessory guard shacks securing access to private residential developments, commercial establishments, public uses and semipublic uses shall be permitted in accord with the following and all other applicable requirements:
[Added 3-18-2014 by Ord. No. 119-2014]
(1)
Setbacks. In order to maintain adequate reservoir space for waiting vehicles, the minimum setback from a public road right-of-way for guard shacks shall be 100 feet.
(2)
Private roads and driveways. Guard shacks may be located within a private driveway or a private street right-of-way, but shall not encroach upon any Township or state road right-of-way.
§ 400-19 Off-street parking and loading.
This section shall apply to all new and expanded uses and to changes of use and all such uses shall be provided with parking and loading areas adequate to meet the needs of the use. Any proposal which is considered a land development as defined by Chapter 355, Subdivision and Land Development, shall be governed by the parking and loading area design standards in that chapter. Following the establishment of any land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of this section, and violations shall be subject to the enforcement provisions of this chapter.
A.
Availability and use of facilities.
(1)
Availability. 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.
(3)
Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.
(4)
Non-parking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).
(5)
Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.
(6)
Garages and carports. Garages and carports not in the public right-of-way may be considered parking spaces.
B.
Site plan; design.
(1)
Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.
(2)
General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.
(3)
Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.
(4)
Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Township. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended and stalls shall be a minimum of 10 feet by 20 feet with aisles of not less than 24 feet unless designed as required above.
C.
Lighting. In addition to the other applicable standards in this chapter, all lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.
D.
Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.
F.
Number of vehicle parking and stacking spaces to be provided. The number of parking spaces required by this Subsection F shall be considered the minimum requirements unless modified in accordance with this Subsection F.
[Amended 7-5-2023 by Ord. No. 150-2023]
(1)
Vehicle parking and stacking spaces required for nonresidential uses.
(a)
Refer to Table of Required Parking and Stacking Spaces. (Attachment 3 in Chapter 400 of the Code of Ordinances) See § 400-19F(1)(c) for uses not listed in the Table of Required Parking and Stacking Spaces.
(b)
Table of Required Parking and Stacking Spaces. The minimum number of off-street parking spaces and vehicle stacking spaces shall be provided and maintained in accordance with the Table of Required Parking and Stacking Spaces included as Attachment 3 in this Chapter.
(c)
Land uses not listed in the Table of Required Parking and Stacking Spaces If the proposed use is not included in the Table of Required Parking and Stacking Spaces, the minimum number of required parking and stacking spaces shall be based on the most similar use included in the Table, as determined and/or approved by the Zoning Officer and/or Township Engineer. If the Zoning Officer determines that none of the uses included in the Table is of sufficiently similar character to the proposed use, the Zoning Officer shall use information provided by the applicant, the Township Engineer and the Zoning Officer to make the determination of the required minimum number of parking and stacking spaces.
(2)
Parking required for residential uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit except as follows:
(3)
Applicant-proposed reduction. The required number of parking and/or stacking spaces may be reduced subject to approval by the Board of Supervisors during its review of a subdivision and land development application for the use, if applicable. If there is no subdivision and land development application, the required number of parking and/or stacking spaces may be reduced subject to conditional use approval by the Board of Supervisors. The applicant shall provide evidence justifying the proposed reduction of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease shall be subject to the following:
(a)
Ordinance and plan consistency. The project design and parking and/or stacking space decrease shall be consistent with the purposes contained in this chapter and the goals and objectives of the Township's Comprehensive Plan.
(b)
Quality of design. The applicant shall demonstrate to the Board of Supervisors that the proposed decrease will result in an adequate number of parking and stacking spaces based on a specific study of the parking and stacking demands for the proposed use or empirical data reported by a generally accepted source such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.
(c)
Local conditions. In making its determination, the Board of Supervisors shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer-instituted transportation demand management programs.
(d)
Burden; conditions. If the Board of Supervisors, in its sole discretion, determines that the applicant has met the burden of proof, it may grant approval for the decrease. The Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this Chapter, including, but not limited to, requiring area reserved for additional future parking.
(4)
Form of reservation. Each parking reservation shall be in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Township determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Township before the issuance of a zoning permit for the project.
(5)
Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped, but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of a NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.
(6)
Multiple uses. (See also Subsection L.) For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.
(7)
Handicapped parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act and shall count as part of the spaces required for the use by this section.
(8)
Stacking lanes for drive-through facilities. All uses and facilities providing drive- through services shall provide stacking lanes and stacking spaces in compliance with the standards of this section.
(a)
Required Stacking Spaces. Each service window, lane or point shall have the minimum number of stacking spaces provided for in Attachment 3 of this chapter, Table of Required Parking and Stacking Spaces. All uses shall have at least one space in each lane after the last island, window, bay or other service point, but shall have more if required by Attachment 3 of this chapter.
(b)
Stacking space dimensions. Each stacking space shall be a minimum of 20 feet long and 10 feet wide on straight segments, and minimum 12 feet wide on curved segments with a minimum 25 feet centerline radius.
(c)
Stacking lane design.
[1]
Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping, or use of alternative paving materials.
[2]
Entrances and exits of stacking lanes shall be clearly marked with directional signs.
[3]
Stacking lanes shall be designed to prevent circulation congestion both within the site and on adjacent public streets. The circulation shall:
[a]
Separate drive-through traffic from other on-site circulation;
[b]
Not impede or impair access to or out of parking stalls;
[c]
Not impede or impair vehicle or pedestrian traffic movement;
[d]
Minimize conflict between pedestrian and vehicle traffic with physical and visual separation;
[e]
Not interfere with required loading/unloading and trash storage areas.
(e)
Order-placing facilities.
[1]
Outdoor facilities such as menu boards, speakers, windows, dispensers, etc., shall be a minimum of 50 feet from any residential zone.
[2]
Menu boards shall be a maximum of 30 square feet, and shall be designed, placed and shielded so as to not cast glare on public streets or adjacent properties. The term "menu board" is not limited to food, but may be any listing of products, services, etc., from which the customer makes a choice or which provides product information.
(9)
Administrative adjustment to parking or stacking lane capacity, or compact parking limitation.
(a)
The Township Zoning Officer shall have the authority to administratively reduce the parking capacity requirements of § 400-19F(1) and Attachment 3 of this chapter by not more than 10% upon presentation of empirical evidence acceptable to the Zoning Officer that a particular use of property will generate different parking demands than other similar uses. Such evidence may include:
[1]
Parking studies performed by a qualified engineer or professional parking consultant.
[2]
Parking surveys conducted at similar and comparably situated uses. The applicant or owner shall bear the burden of demonstrating that the survey methodology is correct and applicable to the situation.
[3]
Other empirical evidence that in the professional judgment of the Zoning Officer clearly demonstrates that the particular use or property will generate less parking demand than similar uses.
[4]
A plan, map or diagram showing the proposed parking layout and how vehicular ingress/egress, pedestrian access, landscaping, and all other requirements of this code and applicable design guidelines will be provided.
(b)
On approving such administrative reduction, the Zoning Officer shall make written findings that:
[1]
The reduction will not be a grant of special privilege inconsistent with parking requirements for similar uses.
[2]
The level or amount of the reduction granted is consistent with the empirical evidence in the study or survey.
[3]
Granting the reduction will not be detrimental to the public welfare, or injurious to other property or improvements in the vicinity.
[4]
The nature or configuration of the use or facility is such that its future occupancy by uses generating significantly higher parking demand is unlikely.
[5]
The reduction is consistent with the purpose and intent of the Township's Comprehensive Plan and Zoning Ordinance.
(c)
The Zoning Officer may require a parking management plan or agreement, or other conditions of approval reasonably necessary to ensure compliance with any of the findings required by Subsection F(9)(b) of this section.
(d)
A reduction in parking allowed by this section may not be in addition to parking reductions allowed by § 400-19F(3) or uses which require submission of a specific parking demand analysis unless supported by a professional parking study that justifies the entire reduction and approved by the Board of Supervisors.
G.
Loading and unloading areas.
(1)
Type and size. In addition to the required off-street parking spaces, all uses shall provide adequate off-street areas for loading and unloading of vehicles where necessary. The applicant shall provide details on the type and frequency of vehicles operating in connection with the proposed use to justify any necessary loading and unloading areas. Each required space shall meet the following dimensions:
Largest Type of Truck Service | Minimum Width (feet) | Minimum Length (feet) | |
|---|---|---|---|
Tractor trailer | 14 | 74 with 14 clear height | |
Trucks other than tractor trailers, pickups or vans | 12 | 30 | |
Pickup truck or van | 10 | 20 |
(2)
Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.
H.
Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:
(1)
Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/access way onto a public street at the right-of-way shall be as follows:
Width* | One-Way Use (feet) | Two-Way Use (feet) | |
|---|---|---|---|
Minimum | 12 | 24 | |
Maximum | 20 | 50 |
NOTES: | ||
* | Exclusive of the turning radius. | |
(2)
Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.
(3)
Highway occupancy permit. All new uses shall be required to obtain a highway occupancy permit from the Township or PennDOT, as the case may be. In the case of a change in use or the expansion of an existing use, the Township shall require the applicant to obtain a highway occupancy permit or a revised highway occupancy permit. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.
I.
Parking and loading area setbacks.
(1)
Roads and property lines. All parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way or adjoining property lines by a landscaped buffer area not less than 10 feet wide unless a wider buffer is required by another ordinance provision or adjoining uses share parking in accord with Subsection L.
(2)
Buildings. Parking spaces serving principal nonresidential buildings and multifamily dwellings shall be located a minimum of 10 feet from any building wall, unless a larger distance is required by another ordinance provision. This distance does not apply at vehicle entrances into or under a building.
J.
Grading and drainage; paving.
(1)
Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.
(2)
In cases where 10 or more parking spaces are required, all portions of required parking, loading facilities and access ways, except for landscaped areas, shall be surfaced with a durable, hard, all-weather surface consisting of a minimum of 2 1/2 inches of ID-2 bituminous pavement on a base course consisting of eight inches of crushed aggregate or, as deemed to be equivalent by the Zoning Officer, of concrete, paving block or porous pavement or pavers on a suitable base.
(3)
The Board of Supervisors may, as a conditional use, allow parking areas with low or seasonal usage to be maintained in stone, grass or other suitable surfaces, For example, the Board of Supervisors may allow parking spaces to be grass, while major aisles are covered by stone.
K.
Off-lot parking. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 400 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.
L.
Joint use parking. In the case of multiple use on the same premises or where more than one principal uses share a common property line, shared parking facilities may be approved by the Zoning Officer.
(1)
Documentation. The applicant shall provide information to establish that the shared spaces will be used at different times of the day, week, month, and/or year.
(2)
Reduction. Parking provided may be credited to both uses based on the extent that the uses operate at different times. However, the required parking shall not be reduced by more than 50% of the combined parking required for each use. (Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)
(3)
Agreement. Joint use parking shall be secured in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to maintain the parking. An attested copy of the agreement between the owners of record shall be provided to the Township. Proof of recording of the agreement shall also be provided to the Township before the issuance of a zoning permit for the project.
M.
Shopping carts. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of the said carts. Storage areas shall be clearly marked and designed for the storage of shopping carts and/or mobile baskets. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of the said carts. Storage areas shall be clearly marked and designed for the storage of shopping carts and/or mobile baskets.
N.
Snow storage and removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow storage and removal.