Crescent Township City Zoning Code
§ 430.02
District regulations.
[Ord. No. 508, passed 9-12-2007; Ord. No. 514, passed 10-8-2008; Ord. No. 442, passed 8-13-1997; Ord. No. 458, 7-14-1999; Ord. No. 457, passed 7-14-1999]
A.
Zoning Districts. The Township is divided into the districts stated on Table A[1] as shown by the district boundaries on the Zoning Map.
[1]
Editor's Note: Table A is included at the end of this chapter.
B.
District boundaries. District boundaries shown on the lines of roads, streams and transportation rights-of-way shall be deemed to follow the center lines. The vacation of roads shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such center lines, by the scale of dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line, he shall refuse action, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this chapter.
C.
Permitted uses. The permitted uses for each district are shown on Table A appearing at the end of this chapter. Uses not specifically listed shall not be permitted.
E.
Height regulations. No structure shall exceed the building heights above average ground level set forth on Table A unless approved by the Zoning Hearing Board. The Board may authorize a variance to the height regulations in any district if:
1.
All front, side, and rear yard depths are increased one foot for each additional foot of height;
2.
The structure is any of the following and does not constitute a hazard to an established airport: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles.
F.
Lot and yard requirements. The minimum lot area, minimum width of lot, minimum depth of front yard, and minimum width of each side yard for each district shall be as shown on Table A.
1.
Lots which abut on more than one street shall provide the required front yards along every street.
2.
All structures whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any minimum front, side, or rear yard.
3.
Any lot of record existing at the effective date of this chapter and then held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this chapter.
4.
Nonresidential structures or uses shall not be located or conducted closer to any lot line of any other lot in any A or R District than the distance specified in the following schedule:
Minimum Side or Rear Yard Abutting Any Lot in Any R District (feet) | Use | |
|---|---|---|
5 | Off-street parking space and access drives for nonresidential uses | |
20 | Churches, schools and public or semipublic structures | |
10* | Recreation and entertainment facilities and all business and industrial uses |
* | May be increased up to 40 feet on conditional uses. |
G.
Home occupations. Home occupations and professional offices as a subsidiary and subordinate use to residential units provided:
1.
Official residences shall be maintained by the occupant who may be an owner, a renter or a lessee;
2.
The subsidiary use shall be located in the principal dwelling building;
3.
The subsidiary use shall not occupy more than 40% of the ground floor area of the principal dwelling building;
4.
There shall be a minimum of two off-street parking spaces in addition to those required under the provisions of this chapter;
5.
Not more than one nonresident shall be employed on the premises; and
6.
Use of an accessory building for purposes related to the home occupation or professional office, shall be limited to the total ground floor area of the accessory building.
H.
Nonconforming uses. The following provisions shall apply to all nonconforming uses:
1.
When permitted. Subject to the provisions of this Section, a use of a building or land existing at the time of the legal adoption of this chapter may be continued even though such use does not conform with the provisions of this chapter for the district in which it is located.
2.
Abandonment. A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such a nonconforming use. A nonconforming use shall be considered abandoned when one or more of the following conditions exist.
(a)
When the intent of the owner to discontinue the use is apparent.
(b)
When the characteristic equipment and furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days unless other facts show intention to resume the nonconforming use.
(c)
When a nonconforming use has been discontinued for a period of six months.
(d)
When it has been replaced by a conforming use.
(e)
When it has been changed to another use under permit from the Zoning Hearing Board.
3.
Changes. No nonconforming building, structure or use shall be changed to another nonconforming use. Conversion of nonconforming buildings or structures into residential uses shall be permitted in the R-1 and R-2 Residential and A-1 Conservation Districts as a special exception under the following requirements:
(a)
The minimum yard and area requirements are in accordance with the district in which said conversion is located.
(b)
There shall be a maximum of four living units per converted nonconforming building or structure.
(c)
Each living unit contains a minimum of not less than 900 square feet of habitable living area.
(d)
Each living unit contains not less than one bathroom and three habitable rooms, at least one of which shall be a bedroom.
(e)
Separate and private sanitary facilities are provided for each living unit.
(f)
Fire and safety provisions are certified to be adequate by the Chief of the Township Volunteer Fire Department.
(g)
A minimum of two off-street parking spaces are provided for each residential unit.
4.
Construction approved prior to legal enactment of this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a zoning permit has been issued or the construction of which shall have been diligently prosecuted within two months of the date of such permit, and the ground story framework of which shall have been completed within four months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of legal enactment of this chapter.
5.
District changes. Whenever the boundaries of changed so as to transfer an area from one district of a different classification, the shall apply to any nonconforming uses existing therein.
6.
Extension. A nonconforming use may be extended as a special exception upon approval of the Zoning Hearing Board subject to the following provisions:
(a)
The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(b)
The extension does not encroach upon the land or height requirements of the district in which the nonconforming use is presently located.
(c)
The extension is for the purpose of expanding a nonconforming use which was in existence at the time of enactment of this chapter; provided, however, that extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter will not be deemed an extension of a nonconforming use.
7.
Recording. All nonconforming uses existing at the time of the legal enactment of this chapter shall be recorded and maintained for public use in the office of the Zoning Officer.
8.
Restoration. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God, or due to deterioration subsequent to the date of legal acceptance of this chapter so long as reconstruction is initiated within one year of the date of damage.
9.
Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of Township regulations or Codes in existence at the time of the effective date of legal enactment of this chapter.
I.
Outside storage/junkyards. The following provisions shall apply to outside storage and junkyards:
1.
All junkyards existing at the effective date of this chapter, within one year thereafter, and new junkyards where permitted shall comply with the following provisions:
(a)
No junk material, appurtenant structure or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub-growth unless the adjoining property is wooded.
(b)
Any junkyard shall be completely enclosed with a visual screen of evergreen or evergreen-type hedge where practical, or a maintenance-tree shadow fencing may be substituted, or tree row of a variety and size at the time of planting that such will attain a height of eight feet within three years thereafter and maintained in a sound and attractive manner.
(c)
All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water and with no junk piled to a height of more than six feet.
(d)
No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning if permitted shall be attended and controlled at all times.
(e)
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.
2.
Storage. No lot or premises shall be used as a garbage dump or a dead animal rendering plaint. No manure, rubbish or miscellaneous refuse may be stored in the open within any district where the same may be construed as a menace to public health or safety. No exceptions shall be made unless by amendment of the Zoning Code.
J.
Special exceptions. The following uses may be authorized with such conditions as are deemed appropriate by the Zoning Hearing Board.
1.
The accommodation of not more than two nontransient roomers as an accessory use to a single-family house provided that no sign is displayed.
2.
Directional signs of a reasonable size in connection with any legal business or industry provided they contain no information other than instructions for convenience of vehicular traffic in reaching such business or industry.
3.
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
4.
In B-1 and B-2 Districts, side yard and rear yard requirements may be reduced to five feet minimums if access to that property and adjacent properties is certified to be adequate for fire and safety provisions by the Chief of the Township Volunteer Fire Department.
K.
Signs. No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided:
1.
In any district a sign not exceeding one square foot in surface size is permitted which announces the name, address or professional activity of the occupant of the premises on which said sign is located.
2.
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public structure.
3.
A temporary real estate, construction or political sign of reasonable size is, with the permission of the property owner, permitted. Such sign shall be removed within seven days when it has fulfilled its function.
4.
Business signs shall be permitted in connection with any legal business or industry when located on the same premises, and if they meet the following requirements:
(a)
Signs shall not contain information or advertising for any product not sold on the premises.
(b)
Signs shall not have a combined aggregate surface size greater than five square feet for each foot of width of the principal structure on the premises.
(c)
Signs and structures shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic. Moving or flashing signs shall be prohibited.
5.
Sign setback requirements:
(a)
Side yard. All signs shall be set back at least five feet from a side property line, except for the street side of corner lots, which shall comply with the front yard setback requirements.
(b)
Front yard. (1) Pole signs: neither such signs, nor the pole and foundation for such signs, shall extend over the cartway or sidewalk. The bottom of such signs shall be a minimum of eight feet above ground, but such minimum height shall be 14 feet where vehicular traffic circulates under the sign. (2) Freestanding ground signs: such signs shall not extend over the cartway or sidewalk and shall be maximum of six feet in height from the ground to the top of the sign.
(c)
Sign setbacks shall be measured from the edge of the sign nearest the side property line or cartway or sidewalk.
L.
Off-street parking. Off-street parking spaces shall be provided in accordance with the specifications in this Section in any district whenever any new use is established or existing use is enlarged.
Use | Parking Spaces Required | |
|---|---|---|
Dwelling | Two for each dwelling unit | |
Church, theater, school | One for every four seats in largest room | |
Stores, shops, restaurants, clubs, funeral homes | One for every 100 square feet of public floor space | |
Business services, warehouse, professional offices | One for every 250 square feet of net floor area | |
Manufacturing Plants | One for every two employees | |
Hospitals | One for every two beds | |
Motels | One for every rental unit |
1.
No off-street parking space shall have an area less than 200 square feet exclusive of access drives.
2.
Any off-street parking lot for more than five vehicles shall be graded for proper drainage, paved and maintained in good condition. Parking areas in the M-2 District may be excepted from this requirement and need only to provide a durable and dustless surface.
3.
Any lighting used to illuminate any off-street parking lot shall be so arranged to reflect the light away from adjoining premises in any R District.
M.
Off-street loading. One off-street loading berth of not less than 35 feet by 10 feet shall be provided for every business and industrial use with a floor area of more than 10,000 square feet; with one additional berth required for each additional 25,000 square feet of floor area.
N.
Environmental protection requirements. The following provisions shall apply to all uses of land in all districts unless otherwise noted.
1.
No cut or fill grade shall exceed a slope of 3/1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area including cuts or fills on land naturally exceeding 3/1 in slope.
2.
All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase a "reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
3.
No cutting, filling, or other disturbing of land and natural vegetation is permissible within 50 feet of the edge of natural drainage courses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission provided special precautions are taken to insure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream.
4.
No tree harvesting or logging shall be conducted unless the landowner on whose land the tree harvesting or logging is to be conducted shall have first obtained a permit therefor from the Township Secretary. The application shall be submitted on a form provided by the Township Secretary, shall be accompanied by an application fee in such amount as shall be determined from time to time by resolution of the Board, and shall furnish true and correct information and documents as follows:
(a)
Name and address of landowner/applicant.
(b)
Name and address of the operator conducting the tree harvesting or logging operation.
(c)
The general location of the anticipated operation in relation to local, county, and state roadways.
(d)
The location of the property boundaries for the tract on which the logging will take place.
(e)
The approximate starting and completion dates for the logging operation.
(f)
If required, an earth disturbance permit from the Pennsylvania Department of Environmental Protection and/or any other agency having jurisdiction over erosion and sedimentation control for the logging operation.
(g)
If required, a stream crossing permit from the Department of Environmental Protection's Bureau of Dams, Waterways and Wetlands and/or any other agency having jurisdiction over streams that may be affected by the logging operations.
(h)
If required, a permit from the Allegheny County Conservation District.
(i)
If required, a permit from the Pennsylvania Fish Commission.
(j)
Any hauling permit that may be required to haul logging equipment or logs over local or county roadways.
O.
Mobile homes, camping and recreational equipment storage. The following provisions shall apply to the placement, erection or storage of mobile homes, camping or recreational equipment:
1.
Trailers as defined within the terms of this chapter and including mobile homes, travel trailers, pickup coaches, motorized homes and boat trailers may be parked or stored subject to the following requirements.
2.
Mobile homes may be parked and occupied in the R-1 and R-2 Residential Districts and A-1 as a conditional use.
(a)
All mobile homes manufactured after 1972 which are set upon the Township shall display the insignia of certification issued by the Department of Community Affairs under the Uniform Standards Code for Mobile Homes, Act of 1972, or as amended, and be free of any damage incurred by transporting the units from the manufacturer to the site.
(b)
Each mobile home shall be set upon an adequate foundation as per Township specifications.
(c)
An enclosure of compatible design and material shall be erected around the base of each mobile home. Such an enclosure shall provide sufficient screened ventilation to inhibit decay and deterioration of the structure.
3.
At no time shall parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes except as specified in § 430.02O4.
4.
Camping and recreational equipment may be parked on any property in the side or rear yard unless physically impossible and/or used for temporary residential purposes for a period not to exceed seven days. Temporary use of such equipment beyond a period of seven days may be permitted only upon obtaining a permit therefor from the Zoning Officer. Such permit for the temporary use of such equipment shall be valid for a period of seven consecutive days and shall be subject to renewal. No charge will be made for the issuance of such permit.
P.
Building setbacks. Where one or more preexisting structures are located on adjacent lots within 150 feet in either direction of a proposed structure the setback of the proposed structure shall conform with the average setbacks of the preexisting structures.
Q.
Relaxed building setback requirements for preexisting nonconforming lots. Any lot in an A-1, R-1, R-2, B-1 or B-2 Zone comprising less than 7,500 square feet or less land area, or which is 75 feet wide or less, and which was both developed and had its present property lines established and recorded prior to December 21, 1971, is not subject to the minimum lot area, lot area per family, width, front yard, side yard and rear yard size and setback requirements set forth in Table A. Instead, any such preexisting nonconforming lot is subject to the setback requirements set forth in Table A1;[2] provided, however, that a preexisting nonconforming lot bordering any other lot having an existing structure thereon is subject to a front yard setback as set forth in § 430.02P. In no case will any structure be permitted within five feet of a lot line. All other rules, restrictions and requirements in this chapter remain applicable to preexisting nonconforming lots.
[2]
Editor's Note: Table A1 is included at the end of this chapter.
R.
Regulations for group residence facilities.
1.
A new group residence facility may not be established in a building in an A-1 or R-1 Zone which is within a one-fourth-mile (1,320-foot) radius of another building in an A-1 or R-1 Zone used as an existing group residence facility.
2.
A group residence facility is subject to all rules, requirements and restrictions of this chapter as are applicable to the dwelling type (i.e., single-family, two-family, multiple-family) in which the group residence facility is established.
3.
Where any or all of the persons residing in a group residence facility in an R-1 or R-2 Zone are either under 18 years of age or suffering from a mental disability which necessitates daily care from others, the owners and/or operators of the group residence facility must provide for and place therein at least one qualified and responsible adult resident supervisor per five or fewer nonsupervisory residents. The aforesaid supervisor(s) must be present each and every week, seven days per week and 24 hours per day.
[Amended 7-19-2011 by Ord. No. 537]
4.
In order to be and remain in compliance with this chapter a group residence facility must be in compliance with all applicable federal, state and local laws and regulations.
S.
Maximum occupancy. No single-family dwelling, two-family dwelling, multiple-family dwelling, building used as a group residence facility, building used as a boardinghouse, or dwelling unit within a planned residential development may be used as a residence by more than one person per 200 square feet of finished living space unless each and every occupant is related to all of the others by blood, marriage or legal adoption. "Finished living space" means any part of a dwelling unit which is property heated by a permanently installed heating system and has permanently installed electrical wiring and plug sockets conforming to applicable codes at the time of installation.
T.
Kennels. All kennels shall comply with the following provisions:
1.
No kennel may be operated on a lot less than one acre in area.
2.
All buildings, dog runs, fenced enclosures, and similar structures shall be located at least 100 feet from all property or street lines.
3.
All animals shall be kept in an enclosed building at night.
4.
All kennels shall be constructed, maintained, and operated in accordance with the applicable provisions of the Pennsylvania law and regulations, 3 P.S. § 459-101 et seq. and 7 Pa. Code Ch. 21.
U.
Fences.
[Added 4-20-2010 by Ord. No. 523]
1.
Permit and maintenance requirements. A zoning permit must be obtained from the Building Official for the erection of any fence. The property owner shall be responsible for maintaining any fence in a safe condition and in good repair.
2.
Placement.
(a)
Fence height shall be erected three feet in the front, four feet to six feet in the side or six feet in the rear and shall not extend beyond the property lines.
(b)
No fence shall be erected in a right-of-way.
(c)
Retaining walls, masonry or concrete fences shall not be located within any easement. Any other fences constructed in an easement shall require a certification by the owner that the owner agrees to remove the fence at the request of the owner of the easement and that the Township will be indemnified by the owner for any liability relating thereto.
(d)
Fences can be placed in the allowable yards as set forth in Subsection U2(a); minimum setback: two feet.
(e)
On a corner lot, authorized fences shall be set back 25 feet from front and side property lines if higher then three feet to allow a clear sight triangle; open fence only in front yard.
3.
Materials. Fencing may be constructed of wood, masonry, concrete, plastic, metal, a minimum ten-gauge wire mesh or similar materials, including fences of interwoven material construction such as the basket-weave type. Fences constructed of barbed wire, or other fences with sharp points or edges protruding therefrom, and electrical fences, shall not be permitted.
5.
General requirements.
(a)
Fences shall not obstruct the fifty-foot to seventy-five-foot clear sight distance at street or driveway intersections. The required clear sight distance shall be determined by the Building Official, consistent with the applicable PennDOT standards.
(b)
All fences shall be in harmony with their general surroundings.
(c)
The finished side of the fence shall always face the abutting properties or street. All structural supports, such as posts, rails and framing, shall face the applicant’s property.