Darlington Township
City Zoning Code
City Zoning Code
ARTICLE XII
Supplemental Regulations
§ 172-114 Purpose.
The following regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter.
§ 172-115 Use regulations.
A.
Agriculture, animals and poultry. Unless otherwise controlled by municipal ordinance or regulations, the use of buildings and land for farming, gardening, riding academies, livery or boarding stables, animal hospitals (veterinary), stock raising, dairying and poultry shall be subject to the following general regulations.
(1)
Outdoor storage of manure or odor or a dust-producing substance shall not be permitted within 100 feet of any lot boundary line.
(2)
Greenhouse heating plants shall not be operated within 50 feet of any lot boundary line.
(3)
Buildings in which animals or poultry are kept shall not hereafter be erected within 50 feet of any lot boundary line where the abutting property accommodates a residential use. The outdoor exercise area of a veterinary clinic limited to facilities necessary for the temporary treatment of sick or otherwise ailing pets normally permitted within the house and yard may be erected not closer than 50 feet of any lot boundary line.
(4)
The selling of product raised, bred or grown on the premises shall be permitted, provided that all stands or shelters used for such sales shall be removed during those seasons when not in use for the display or sale of products.
(5)
A minimum of 1/2 acre of pasture land shall be provided for each grazing animal.
B.
Landfills and dumping. Landfills shall be permitted as a conditional use in the M Manufacturing District, when operated as authorized by the Darlington Township Board of Supervisors following approval as a land development, and in accordance with applicable Township ordinances and Commonwealth Department of Environmental Protection provisions governing such use.
C.
Mineral extraction. In addition to the standards and conditions herein and all applicable regulations established by the Bureau of Land Protection and Reclamation, Pennsylvania Department of Environmental Protection under the Surface Mining Conservation and Reclamation Act of May 31, 1945, as amended,[1] and applicable regulations as enumerated in Section 603 of the Pennsylvania Municipalities Planning Code, Act 247,[2] as amended, the following standards are applicable:
(1)
Mineral extraction operations shall not be closer than 300 feet from existing residences except as authorized by the landowner, nor closer than 200 feet from the boundary of any zone where such operations are not permitted; nor shall mineral extraction operations be conducted closer than 100 feet from the boundary of an adjoining property line or from the right-of-way line of an existing or platted road.
(2)
Existing trees, shrubs, and ground cover along public road frontage shall be preserved, maintained and supplemented for the depth of the roadside setback 100 feet as established in Subsection C(1) above. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance to the mineral extraction operations from adjacent public roads and nearby residential, commercial, and industrial uses. Buffer or screening plantings may be required to insure an appropriate appearance of the extraction site in the community.
(3)
During mineral extraction operations when excavations will have a depth of 20 feet or more and will create slopes of more than 50% and where, for a period of operation 30 days or longer, the mineral extraction is located within 300 feet of occupied residential structures, except as authorized by the landowner, or 100 feet from the right-of-way line of an existing or platted road as specified in Subsection C(1), a fence shall be erected at least 20 feet outside the edge of the excavation, which fence shall be at least four feet high and shall effectively control access to the area in which such excavation is located.
(4)
Upon completion of operations the land shall be left in a natural and safe condition.
(a)
All cut slopes shall be at a gradient no greater than 50% and shall be graded in substantial conformity to the surrounding natural topography.
(b)
Sufficient drainage shall be provided so as to prevent water pockets from forming. The final grading shall be such that all stormwater drainage leaves the property at the original, natural discharge points and that the area drainage to any one natural discharge point is not materially increased.
(c)
All excavated areas shall be backfilled with topsoil to a minimum depth of six inches; upon replacement of topsoil, trees, shrubs, legumes, grasses or other ground cover shall be established to avoid erosion and plantings showing no growth shall be replaced.
(d)
All equipment and accessories shall be completely removed within 90 days of the completion of operations.
(5)
In addition to the information required on the plan to be submitted to the commonwealth, the following items shall be shown:
D.
Multifamily dwellings. All living units must have an individual identity which is to be achieved by a combination of some or all of the following considerations:
(1)
Varying building unit heights or forms.
(2)
Varying roof pitch and pitch direction.
(3)
Addition or deletion of patios and patio walls.
(4)
Staggering of exterior walls.
(5)
The use of contrasting building materials on the exterior.
(6)
Any other method developed by the designer that maintains unit individuality but achieves an overall design compatibility within the structure.
E.
Any public recreational building or use may be established by the Township in any zoning district as a conditional use subject to the provisions of § 172-30 following a public hearing, the purpose of which is to consider the impact of such building or use on adjacent properties. Any structure, building or extension thereof approved hereunder shall conform to the general character and architectural standards prevalent throughout the district in which such approved building shall be erected.
F.
Public utility facilities and lines:
(1)
Lines. Public utility lines for the transportation, distribution and control of water, gas, electric, oil, steam, telegraph, cable television and telephone communications and their supporting members.
(2)
Public utility facilities. Public utility facilities shall be a permitted use in each zoning district, subject to the standards and criteria specified below:
(a)
The architectural design, landscaping and site development must be in keeping with the character of the area in which the public utility facilities are to be located, consistent with the nature of the public utility facilities and the public need or convenience in having the public utility facilities.
(b)
Sufficient off-street parking and loading space shall be provided consistent with the requirements of this chapter and the nature of the public utility facilities.
(c)
Provision must be made for the interior storage of all materials and equipment when not in use.
G.
Schools, hospitals, churches and public municipal buildings. In districts where authorized as conditional uses, these uses shall meet the following requirements:
(1)
Lot coverage. Lot area covered by all buildings, including accessory buildings, shall not be greater than 30% of the area of the lot.
(4)
Service and access drives shall be at least 15 feet wide and not more than 25 feet wide and shall be permitted to cross required yard areas, provided that the center line of the permitted drive shall not be a lesser angle to the street line than 60°.
(5)
If greater controls are established for the district in which these uses are to be located such control or controls shall take precedent over any or all of the provisions of this section.
H.
Swimming pools, private. Private swimming pools shall be a permitted accessory use in any zoning district, subject to the following requirements:
§ 172-116 Prohibited uses.
A.
As provided herein, a building may be erected, altered or used for any trade, industry, or business that is not hazardous or noxious by reason of odor, dust, smoke, gas, vibration, illumination, noise, or otherwise creates a public nuisance or hazard to public health, safety and welfare through its operation or discharge of by-products.
B.
In the event that the owner of property within the jurisdictional boundaries of Darlington Township in the M Manufacturing District wishes to establish a use characterized as detrimental to the health, safety and general welfare of the residents of Darlington Township, a public hearing before the Township Supervisors shall be scheduled at which time the owner shall produce such evidence as deemed necessary by the Township Supervisors as per the provision of § 172-130A to revise the use status to that of a conditional use in said district. As an additional condition of the grant of conditional use status, a bond or surety shall be posted with Darlington Township in an amount commensurate with those costs as estimated by the Township Engineer to repair and restore all properties within 1,000 feet of the boundary lines of the subject property in the event of damage, physical or health related, or impact to said properties due to operations on the subject site.
§ 172-117 Uses not provided for.
Whenever in any district established under this chapter a use is neither specifically listed as permitted, nor specifically excluded, and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Township Supervisors who shall have the authority to permit or deny the use, as a conditional use, based on the provisions of § 172-130, Conditional uses, and an interpretation that the proposed use is or is not substantially similar to those permitted by right in the district.
§ 172-118 Height regulations.
A.
Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, silos, and ornamental or necessary mechanical appurtenances. Water tanks, utility poles, communication towers and television antenna heights shall be set by the Zoning Hearing Board as findings of fact in a special exception proceeding subject to all public notice provisions.
B.
No cellar, as defined, shall be permitted to be roofed or otherwise covered to provide permanent or temporary living quarters in said cellar. This shall not be construed to prohibit game rooms, family rooms, sleeping rooms or other accessory residential facilities that may be desired in cellar areas.
§ 172-119 Minimum floor areas.
For the purposes of administration, no minimum floor area is required for any residential structure.
§ 172-120 Lot area and access.
A.
In the case of a lot held in single and separate ownership at the effective date of this chapter which does not fulfill the requirements for the minimum area for the district in which it is located, a building may be erected or altered thereon when authorized as a special exception.
B.
In the case of a lot held in single and separate ownership at the effective date of this chapter, and/or in the case of new developments, which because of unusual conditions of slope, depth or width have difficulty in providing the required minimum yards of the district in which it is located, the required minimum yards may be decreased when authorized as a variance.
C.
No lot area shall be so reduced so that the area of the lot shall be smaller than herein prescribed.
§ 172-121 Special yard regulations.
A.
Front yards.
(1)
Each lot shall have a front yard as required in the district in which the lot is located, except as herein provided, unless a greater front yard (setback) restriction is or will be required by any other local ordinance. Corner lots shall be provided with two front yards, one abutting each street or road.
(2)
When 40% or more of the lot frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard setback line established by adding the linear front footage of said buildings and dividing by the number of buildings at each nonconforming distance from the right-of-way line; provided, however, that a front yard depth shall not vary in excess of 25% of the required front yard dimension otherwise required in the district in which the lot is located nor be decreased by the same ratio.
(3)
Lots abutting on a private street or easement shall be approved as per the provisions of Chapter 147, Subdivision and Land Development. Lots developed on private streets which were in existence prior to the enactment of this chapter may also be approved. Private streets normally shall not be extended to permit additional lot development.
B.
Structures in yard areas.
(1)
Accessory building. An accessory building may be erected within a rear yard, provided that:
(a)
It shall be at least 10 feet from the rear property line.
(b)
It shall be at least 15 feet from the nearest wall of the principal structure; or this may be reduced to 10 feet, in any yard, if no windows or other openings are involved in the main building; or the accessory building may be integrated with the main building by continuous walls, breezeway, or other connection.
(c)
It shall be at least 10 feet from the side yard line at the rear of the property beyond the structure.
(2)
Projections. No principal building, and no part of a principal building, shall be erected within or shall project into the required front, side or rear yard of a lot, except cornices, eaves and gutters. Steps and stoops, chimneys, and bay windows are permitted to project into yard areas provided that the projection is not more than 24 inches.
(3)
Vision obstruction. No walk, fence, sign or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained or permitted which may cause a danger to traffic traveling on an adjoining street, public road or private drive by obscuring or obstructing the view at the point of access. All such structures or plantings shall be set back a minimum of five feet from an abutting public or private right-of-way.
(4)
Fences or walls shall be permitted to a maximum height of 6 1/2 feet as feet as follows:
(a)
No fence or wall shall be erected within any existing public or private vehicular right-of-way or as otherwise provided for in this section.
(b)
No fence or wall shall be permitted within an existing drainage or utility easement without the express permission of the utility or authority in control of said easement.
(c)
No fence or wall shall be erected closer than one foot of the side or rear property line.
(d)
No solid fence may be erected beyond the building face of the structure in any required front yard in residential zoning districts. Decorative fences, including but not limited to split-rail or picket fences, shall not be held to this restriction in residential districts.
(e)
Fencing or walls in commercial districts shall be designed to prohibit access, screen stored material or discourage placement of structures.
(f)
A building permit shall not be required for the erection of a wall or fence.
§ 172-122 Bufferyards.
Bufferyards as required shall be provided by the developer or applicant on the subject parcel during the final phase of construction prior to occupancy.
A.
Location of bufferyards:
(1)
Where an industrial or manufacturing district abuts a residential district, a bufferyard as defined in this section, on parcels or tracts of land zoned as L-I Light Industrial or M Manufacturing of not less than 30 feet, shall be provided as per this section.
(2)
Where an industrial or manufacturing district abuts a stream channel or drainage swale, a bufferyard of not less than 30 feet measured from the center line of said stream channel or drainage swale shall be provided.
(3)
Bufferyards required for other than industrial or manufacturing districts shall be at least 20 feet wide.
(4)
Bufferyards shall be planted in such manner as to provide screening or filtering of noise and dust and to provide a visual barrier to certain uses considered incompatible with residential uses in close proximity.
(5)
Vehicular and pedestrian access may be provided through bufferyards, provided that such openings do not cause storage areas or outdoor processing to be visible from adjacent residential structures.
(6)
All bufferyards shall be planted and maintained with a vegetative material to include a row of trees planted not more than 20 feet on center, and trunk size at least two inches in caliper measured one foot above normal soil level.
B.
The bufferyard may be coterminous with required front, side or rear yards, and, in case of conflict, the larger yard requirements shall apply.
C.
In all bufferyards, a minimum fifteen-foot width shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Bufferyard widths may be averaged with the most narrow portion of the yard being 70% of the minimum established width or 10.5 feet where physical constraints prevent the provision of the standard width.
D.
No structure, manufacturing activity or storage of materials shall be permitted in the bufferyard.
E.
All bufferyards, except as otherwise provided for in this section hereunder, shall include a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles and glare. Such screen planting shall be in accordance with the following requirements:
(1)
Screen planting shall be of a species and size necessary to produce a visual screen at least six feet high in three years and ultimately at least eight feet. No plant less than four feet in height shall be planted initially and at least 40% of the total plants shall be evergreen. The planting shall be permanently maintained.
(2)
Plant materials used in the screen planting shall be a minimum of 50% evergreen and of such other species and initial heights as will produce a dense visual screen at least eight feet high within five years.
(3)
The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year.
(4)
The screen planting shall be so placed that at maturity it will not overhang any street or property line.
(5)
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
(6)
The screen planting shall be broken only at points of vehicular or pedestrian access.
F.
In PRDs, the following minimum standards shall apply to bufferyards:
(1)
Existing deciduous and coniferous trees above two-inch caliper and/or six feet in height shall be preserved in the bufferyard except where clearance is required to ensure adequate sight distances. Any removal should, where feasible, involve relocation rather than clearing.
(2)
Buffer width and planting material shall be laid out with respect to existing or proposed off-site uses. The minimum width may be used where compatible single-family uses adjoin or where the property abuts nonbuildable land. The object of the planting shall be defined in the plan as visual screening or to prevent access to hazardous areas.
(3)
Generally, a minimum of 25% of plant material shall be evergreen and 10% deciduous. Planting shall be adequate in quantity to fully cover the required bufferyard width, but may be clumped or grouped for maximum efficiency.
(a)
Where glare from exterior lighting is a problem, 50% of the planting shall be evergreen.
(b)
Where hazardous conditions exist, hedge row planting should be such as to make access difficult.
(c)
Where visual screening is most important, evergreens and flowering trees should be increased to 50% of the total.
(4)
Self-maintaining ground cover or grass shall be planted to the edge of the buffer.
(5)
Prior to the issuance of any zoning approval, complete plans showing the arrangement of all bufferyards, the placement, species and size of all plant materials, and the placement, size, materials and type of all fences to be placed in such bufferyards shall be reviewed to ascertain that the plans are in conformance with the terms of this chapter.
§ 172-123 Drainage regulations.
A.
If normal agricultural operations require a fence to cross a stream or drainage channel, such fence shall be permitted only if it does not restrict the natural flow of water.
B.
Stormwater management plans shall be in compliance with Chapter 147, Subdivision and Land Development, and the Township Engineer's guidelines adopted by resolution.
C.
No structure shall be erected on a lot that is subject to periodic flooding as defined by commonwealth or federal regulations. The one-hundred-year flood boundary established by the Federal Emergency Management Association and all standards shall be adhered to.
§ 172-124 Communications towers.
A.
The communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.
B.
If the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other tall structures. The Township of Darlington may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
C.
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.
D.
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:
E.
Fencing. A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.
F.
Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general soften the appearance of the cell site. The Township of Darlington may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
(1)
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
G.
In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communications companies, and local police, fire and ambulance companies.
H.
The communications company must demonstrate that it is licensed by the Federal Communications Commission.
I.
Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except as provided for and required by the FAA.
J.
A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in Chapter 147, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure.
K.
Within 90 days of the cessation of operation of a communications tower, all support structures, equipment buildings, antenna structures and fencing shall be removed at the operator's expense.
§ 172-125 Campers.
[Amended 5-12-2014 by Ord. No. 2-2014]
A.
Such vehicle shall not be occupied for residential, camping, or recreational purpose for more than a total of 183 days and nights in a calendar year. At the end of 183 days, if a vehicle wishes to remain on the property, the property owner must submit in writing a request to the Supervisors to extend the length of stay another 183 days. The decision to grant the extension is the sole discretion of the Supervisors. There is no limit to the number of times an extension can be granted.
B.
Such vehicle shall not be permanently anchored or set on a permanent foundation and shall remain mobile.
C.
No effluent shall be discharged from the recreational vehicle camper directly to the ground.
D.
No recreational vehicle camper shall be used for storage of goods, materials or equipment, other than those items considered to be part of the unit or essential for its immediate use.
E.
No more than 16 campers will be permitted per lot, assuming all other zoning requirements, including but not limited to lot area and lot coverage, are met. The arrangement of the campers on the lot must be in a neat, organized, and orderly fashion allowing sufficient room and space between the campers.
§ 172-126 Single-family dwellings.
A.
A minimum of 200 feet shall be provided between the closest building setback line of a manufacturing use and the building setback line of a single-family dwelling.
B.
The private access driveway to a lot proposed for a single-family dwelling shall be separated from the main entrance to a principal use in the Manufacturing District by a minimum distance of 150 linear feet, center line to center line.
§ 172-127 Motels and hotels.
A.
No motel shall have a lot area less than one acre.
B.
Motels shall utilize collective sewers connected with an approved sewage disposal system.
C.
Front, side and rear yards of the motel shall be permanently landscaped and maintained in good condition.
D.
Cabins or parts thereof shall not be permitted.
E.
At least one parking space shall be provided on the premises for each sleeping room. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Article XV.
F.
Every unit shall be provided with running hot and cold water and separate toilet facilities.
§ 172-128 Supply yards and contractor yards.
A.
Materials stored outside shall be screened from view with dense plantings or opaque fencing material.
B.
Where material is stored in bins or stalls designed for access, planting may be reduced as recommended by the Planning Commission.
C.
Equipment and/or vehicles, when stored outside, shall be fenced in with either opaque or wire mesh fencing around the entire perimeter.