Cumberland Township
City Zoning Code
City Zoning Code
PART 15
ACCESSORY USES
§ 27-1501 General Provisions.
[Ord. 11/25/2003, § 1500]
1.
Accessory Uses to Residential Principal Uses. Uses accessory to dwellings include but are not limited to the following:
A.
Private garage, carport, driveway, parking space.
B.
Private swimming pool, in accordance with § 27-1502.
C.
Open space.
D.
Private greenhouse, storage building for garden tools.
E.
Shelter for pets.
F.
Home occupation, in accordance with § 27-508.
G.
Antenna, in accordance with § 27-1503.
H.
Fence or wall, in accordance with § 27-1504.
I.
Heating, ventilating, air conditioning apparatus.
2.
Accessory Uses to Non-Residential Principal Uses. Uses accessory to nonresidential principal uses include but are not limited to the following:
A.
Private garage, storage garage, carport, driveway, parking space.
B.
Open space.
C.
Storage building, private greenhouse.
D.
Office.
E.
Public telephone booth, in accordance with § 27-1505.
F.
Antenna, in accordance with § 27-1503.
G.
Fence or wall, in accordance with § 27-1504.
H.
Heating, ventilating, air conditioning apparatus.
3.
Spacing for Accessory Buildings. Accessory buildings on a lot shall be located not less than 10 feet from each other and from principal structures.
§ 27-1502 Private Swimming Pools.
[Ord. 11/25/2003, § 1501]
1.
Location. Swimming pools shall be located within the building envelope of a lot. No private swimming pool shall be located in the front yard that falls between the street and the foremost portion of a principal use building. Swimming pools shall be located no closer than 15 feet from any lot line.
2.
Fencing. The entire pool area must be enclosed with a chain link or equal fence or barrier, not less than four feet high. Such fencing may be either near or adjacent to the pool or at such other place on the owner's premises as to constitute an adequate barrier against entrance onto the owner's land or into said pool.
§ 27-1503 Antennas.
[Ord. 11/25/2003, § 1502]
1.
Applicability and Scope. This section identifies regulations applicable in every district of the Township for the installation and screening of antennas, including satellite, cellular, paging, personal communication, and other wireless communication technologies.
2.
General Development Criteria for Antennas.
A.
Antennas shall be located so as to minimize visual effects on adjacent and neighboring properties, public rights-of-way, and parks and public open space.
B.
Antennas shall be the minimum height and size to function satisfactorily.
C.
To the extent possible, antennas shall be placed where existing topography, vegetation, buildings, or other structures provide the greatest amount of visual screening.
D.
Where practicable, antennas shall be attached to existing tall structures in the township, such as communications towers, water towers, smokestacks, buildings, and similar structures.
E.
Where practicable, antennas shall be shared among multiple users.
F.
Antennas shall be properly anchored and installed to resist wind loads. Supports, anchors, and foundations shall take into account overturning movements and forces created by wind loading.
G.
Antennas must be in compliance with all applicable Federal Communications Commission regulations.
H.
Antennas shall not be placed in parking lots or parking areas except on existing poles.
I.
If ground-mounted, antennas shall be placed only in rear yards.
J.
If roof-mounted, antennas shall be placed only on the rear yard half of the roof.
3.
General District Locational Criteria for Antennas. Antennas qualifying as accessory uses shall be permitted in all districts. Antennas not qualifying as accessory uses shall be permitted by right in industrial districts and as conditional uses in mixed-use and institutional districts.
4.
Qualifications as Accessory Use. The following antennas shall qualify as accessory uses:
A.
One UHF/VI-1F television and FM/AM radio antenna per property designed for receiving signals from ground-based broadcast systems, provided that such antennas be:
(1)
Roof- or building-mounted or ground-mounted within the building envelope of the property.
(2)
If building-mounted, located on the rear elevation of the building or on the rearward half of a side elevation and extending out no more than 12 inches from the building.
(3)
No higher than needed to receive adequate reception of localized signals.
(4)
If ground-mounted, screened from public rights-of-way and neighboring properties by trees, shrubs, and/or fences.
B.
One dish-type antenna per property no larger than 30 inches in diameter, provided that such antennas be:
(1)
Roof- or building-mounted or ground-mounted within the building envelope of the property.
(2)
If building-mounted, located on the rear elevation of the building or on the rearward half of a side elevation and extending out no more than 30 inches from the building.
(3)
No higher than four feet above the roof line of the principal use structure on the property if roof or building-mounted or five feet above the natural contour or level of the ground if ground-mounted.
(4)
Finished with a color that blends with surroundings.
(5)
If ground-mounted, screened from public rights-of-way and neighboring properties by trees, shrubs, and/or fences.
C.
One ground-mounted television satellite dish antenna per property no larger than 72 inches in diameter, provided that such antennas be:
(1)
Located in the rear yard of a lot.
(2)
Located at least 10 feet from the rear property line and any side yard property line.
(3)
No greater in height than the diameter of the dish plus two-thirds of the diameter, measured from the natural contour or level of the ground.
(4)
Finished with a color that blends with surroundings.
(5)
Screened from public rights-of-way and neighboring properties by trees, shrubs and/or fences.
D.
One citizens band or Federal Communications Commission-licensed amateur radio operator antenna per property, provided that such antennas be:
(1)
Roof- or building-mounted or ground-mounted in the rear yard of a lot.
(2)
If building-mounted, located on the rear elevation of the building or on the rearward half of a side elevation and extending out no more than 12 inches from the building.
(3)
No greater than 75 feet in height above ground level.
(4)
Set back from property lines at least 110% of the total height of the antenna above ground level.
(5)
Compliant with all Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations.
5.
Specific Regulations for Non-Accessory Roof- and Building-Mounted Antennas.
A.
The total height of the building and antenna shall not exceed the district height limit for principal structures.
B.
Antennas shall be screened from view if visible from adjacent properties or adjacent public rights-of-way. Screening may include:
(1)
A finish on the antenna that integrates its appearance with the building.
(2)
Parapets, walls, or similar architectural elements, provided that they are finished in a manner that integrates their appearance with the building.
(3)
Landscaping.
C.
An annual independent inspection report, prepared by a licensed engineer in the State of Pennsylvania, must be submitted verifying the structural integrity of the antenna, its supports, base, and appurtenances.
6.
Specific Regulations for Non-Accessory Ground-Mounted Antennas.
A.
Antennas shall be placed only within the building envelope of the property.
B.
Antenna height shall be no greater than the distance of the antenna from the property line of an adjacent tract and in no case shall the height exceed 15 feet for a satellite dish antenna and 135 feet for a pole antenna.
C.
Minimum setback from a residential district shall be 110% of the antenna's height.
D.
Antennas shall be screened from view if visible from adjacent properties to the degree that not more than 25% of the antenna height is visible from grade level of adjacent properties.
E.
An annual independent inspection report, prepared by a licensed engineer in the State of Pennsylvania, must be submitted verifying the structural integrity of the antenna, its supports, base, and appurtenances.
7.
Specific Regulations for Non-Accessory Antennas in Mixed-Use and Institutional Districts. The Board of Supervisors, in granting a conditional use, shall find that:
A.
The antenna must be where proposed for sound technological reasons.
B.
The applicant has made bona fide efforts to have the antenna installed on existing tall structures within the Township and adjacent communities, including other antenna structures, but has been unable to do so for reasons other than economic ones.
C.
The antenna height and size are the minimum needed to function satisfactorily.
D.
The applicant has planned for future shared use of his facility and has agreed to share his antenna, where possible, with other users, including other wireless communication, cellular communication, and personal communication services providers, and local emergency services agencies.
E.
There is no other location on the property for the antenna that would result in a less conspicuous installation while still providing reasonable function.
F.
The proposed antenna is safe and that adjacent and neighboring properties will not be harmed by structural failure, falling ice or other debris, electromagnetic fields, or radio frequency interference.
G.
The antenna installation will be secure from unauthorized access and will not pose climbing or electrocution hazards.
H.
The normal operation of the antenna does not require individuals to be in attendance.
8.
Temporary Facilities for Special Events. A permit for a temporary antenna for a special event lasting no more than 14 days may be issued by the Zoning Officer with prior written notice. A specific location and specific dates and times of antenna use must be outlined in the written notice, and complete dismantling and removal of the antenna must occur in compliance with the permit.
9.
Permit Application. A permit shall be required to erect or install any antenna greater than 15 feet above a structure, whether accessory, by right, or conditional use, although a temporary installation of a portable unit, not to exceed seven days, shall be permitted without a permit for the purpose of determining the suitability of the site for a permanent antenna installation.
A.
All applications for an antenna permit shall be made to the Zoning Officer, in writing, on a form furnished by the Township, and shall be accompanied by plans, in duplicate and to scale, and under seal by a professional engineer, showing:
(1)
Dimensions of the lot and locations of the buildings thereon.
(2)
Size of the antenna, including applicable diameter, and the exact proposed location of the antenna on the lot.
(3)
Details of antenna design, including color, materials, and finishing.
(4)
Details of all antenna anchors, supports, and foundations.
(5)
Details of electrical connections, including electrical grounding.
(6)
Details of screening the antenna, where applicable.
B.
In addition to the information required in the above subsection, applications for by-right antennas in Industrial Districts and conditional use antennas in Mixed-use and Institutional Districts shall include:
(1)
Elevation drawings illustrating the placement, height, color, and material of the antenna.
(2)
Statement indicating the method used to determine the desired height and placement, signals desired, and manufacturer's specifications for installation.
(3)
Statement indicating what prior testing was done to determine the location of installation and alternative placements considered.
(4)
Statement indicating consideration given to attaching antenna to existing tall structures within the township and adjacent communities, such as communications towers, water towers, smokestacks, buildings, and similar structures.
(5)
Statement indicating consideration given to future shared use of antenna facility.
10.
Removal of Certain Antennas.
A.
Nonconforming Antennas. If the Zoning Officer shall determine the existence of a nonconforming antenna, except for legal nonconforming antennas, he shall give written notice to the owner of the premises on which such an antenna is located. Removal of the antenna shall be effected within 15 days after receipt of the notice. If such antenna is not removed after the conclusion of such fifteen-day period, the Zoning Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of the owner of the building or premises on which such antenna is located.
B.
Obsolete Antennas. An antenna, whether existing on or erected after the effective date of this section, that is no longer being used, shall be removed within 120 days upon cessation of such use by the owner of the building or premises on which such antenna is located. If the Zoning Officer shall find that any such obsolete antenna has not been removed within 120 days upon cessation of such use, he shall give written notice to the owner of the building or premises on which such antenna is located. Removal of the antenna shall be effected within 15 days after receipt of the notice. If such antenna is not removed after the conclusion of such fifteen-day period, the Zoning Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of owner of the building or premises on which such antenna is located.
C.
Unsafe Antennas. If the Zoning Officer shall find that any antenna is unsafe, insecure, or is a menace to the public, he shall give written notice to the owner of the building or premises on which such antenna is located. Correction of the condition that caused the Zoning Officer to give such notice shall be effected within 15 days after receipt of the notice. If such condition is not corrected after the conclusion of such fifteen-day period, the Zoning Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of the owner of the building or premises on which such antenna is located.
(1)
Notwithstanding the foregoing provision, the Zoning Officer is authorized to cause any antenna to be removed summarily and without notice, at the expense of the owner of the building or premises on which such antenna is located, whenever he determines that such antenna is an immediate peril to persons or property.
11.
Violations and Penalty. Any person who violates a provision of this section is guilty of a separate offense for each day or portion of a day that the violation is committed, continued, or permitted, and each offense is punishable by a fine in accordance with the schedule of fines established by resolution of the Board of Supervisors.
§ 27-1504 Fences and Walls.
[Ord. 11/25/2003, § 1503]
1.
Location. Fences and walls shall be erected within property lines, and no fence or wall shall be located so as to encroach upon a public right-of-way.
A.
No fence or wall in excess of 42 inches in height shall be permitted within the minimum required front yard for each lot, except for fences in agricultural districts for the enclosure of livestock.
B.
No fence or wall shall be permitted within a sight triangle area.
2.
Height. The maximum height for a fence or wall shall be eight feet, measured from finished grade.
3.
Appearance. Any portion of a fence construction intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract upon which the fence is erected. The finished portion of the fence shall face the property or right-of-way adjacent to the fence.
4.
Permit Required. Except for fences in agricultural districts for the enclosure of livestock, no fence or wall shall be constructed without first obtaining a permit. Permit applications shall be accompanied by a property survey or plot plan with the proposed location of the fence or wall shown thereon. A permit application for a retaining wall must be approved by the Township Engineer before such a permit may be issued.
§ 27-1505 Public Telephone Booths.
[Ord. 11/25/2003, § 1504]
1.
Public Telephone Booth as Accessory Use. A public telephone booth shall be permitted as accessory to non-residential principal uses, subject to the following:
A.
The location shall be approved by the owner of the property.
B.
The location shall not be in a public right-of-way.
C.
A permit is obtained.
