East Earl Township City Zoning Code
ARTICLE XV
Residential Accessory Use Regulations
§ 450-95 Intended purpose.
It is the intent of these requirements that certain residential accessory uses be regulated for the purpose of protecting the public health, safety, and welfare.
§ 450-96 Detached private garages and other accessory buildings.
A.
General. When an existing or proposed dwelling in a nonagricultural zoning district is located within 100 feet or less from the street right-of-way line, no accessory building other than a detached private garage shall be permitted between the minimum building setback line and the front wall of the dwelling.
B.
Detached private garages. Detached private garages shall be permitted in any zoning district, provided the following requirements are met:
(1)
One detached private garage may be constructed on any residential lot.
(2)
No temporary structure shall be permitted.
(3)
No structure shall be permitted between the building setback line and the street right-of-way line.
(4)
No structure shall be located within the minimum side yard of the prevailing district.
(5)
No structure shall be located within 10 feet of the rear property line.
(6)
The lot coverage requirement of the respective zoning districts shall be met.
C.
Other residential accessory buildings. In addition to the construction of one detached private garage as indicated above, other residential accessory buildings shall be permitted in any zoning district on any residential lot in excess of 15,000 square feet. The total floor area for all accessory buildings not used exclusively as a detached private garage or for a horse and carriage barn as permitted below shall not exceed 1,200 square feet, provided that the lot coverage requirement of the underlying zoning district is met. The following additional requirements shall apply:
(2)
Accessory storage sheds not exceeding 12 feet by 24 feet, or 288 square feet, or a height of 14 feet shall conform to the following:
(a)
No accessory storage shed shall be located between the front wall of the principal building and the street right-of-way of the subject parcel.
(b)
The shed shall be located at least four feet from the side and rear property line.
(c)
A residential lot of 10,000 square feet or less may have one shed in accordance with the above size and area requirements. No more than two such sheds shall be permitted on any other residential lot. In addition, the total square footage of sheds on any lot shall not exceed 600 square feet, and the lot coverage requirements shall be maintained at all times.
(3)
Horse and carriage barns. Horse and carriage barns are subject to the below requirements and are permitted for the sole purpose of stabling horses and storing carriages used as a means of primary transportation:
(a)
The building footprint for a horse and carriage barn shall not exceed 2,400 square feet.
(b)
Minimum distance between buildings: 20 feet.
(c)
Maximum height: 30 feet.
(d)
No horse and carriage barn shall be within 20 feet of any property line.
(e)
No horse and carriage barn shall be permitted between the building setback line and the street right-of-way.
(f)
Any fence designed to contain carriage horses shall be no closer than 10 feet from the neighboring property line.
(g)
The owner of the large domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, odor or insect infestation.
(h)
Commercial and/or industrial uses of the horse and carriage barn are not permitted.
(4)
Carports. A carport, open on at least three sides, may be erected within one of the side yards when attached to a main building existing at the effective date of this chapter, provided the carport shall be not less than five feet from the side lot line.
(5)
Detached residential accessory buildings having a maximum gross floor area of 120 square feet or less are permitted on lots containing semidetached and multiple-family dwellings, provided that:
D.
Agricultural accessory buildings. Agricultural accessory buildings located on a farm of 10 or more acres shall be subject to the setback and height requirements of the respective underlying zoning district.
E.
Detached accessory buildings on nonconforming lots. On existing lots of record held in single and separate ownership where the existing lot width is less than the minimum lot width required in the prevailing zoning district, the required side yards of an accessory building shall either be met or be determined by the Zoning Hearing Board upon application for a variance.
§ 450-97 Animals and animal shelters.
The following standards shall apply within all zoning districts for the keeping of animals on parcels of land containing less than 10 acres. However, these standards shall not be interpreted as applying to animal hospitals, kennels and veterinary clinics.
A.
It is permitted to maintain up to two each of dogs and cats and litters of puppies or kittens up to six months in age as domestic animals provided the following conditions are met:
(1)
Maintaining dogs and cats shall be on a noncommercial basis.
(2)
The area within which a shelter and/or exercise pen is maintained must be suitably enclosed and located in the rear yard at least 15 feet from any lot line, and is not closer than 50 feet to the nearest dwelling other than that of the owner.
(3)
The area within which a shelter and/or exercise pen is maintained shall be kept in suitable cover and shall not be allowed to degrade to an erodible condition.
(4)
The owner of the animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
B.
It is permitted to maintain small domestic animals up to a total of 12. For every parcel greater than two acres in area, this number may be increased in increments of four animals per acre, provided the following conditions are met:
(1)
Maintaining small domestic animals shall be within the rear yard area.
(2)
Maintaining small domestic animals shall be on a noncommercial basis and be strictly as an incidental use.
(3)
The area around which small domestic animals are kept shall be enclosed by a fence designed for containment.
(4)
Such fence shall be at least 50 feet from any lot line and not closer than 100 feet to the nearest dwelling other than that of the owner.
(5)
The area within which small domestic animals are maintained shall be kept in a suitable cover and shall not be allowed to degrade to an erodible condition.
(6)
The owner of the small domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
(7)
For the purposes of this subsection, small domestic animals shall include animals such as rabbits, and guinea pigs, and fowl such as chickens, turkeys, geese, ducks, pigeons, pheasants, and game birds.
C.
The ownership of large domestic animals, with the exception of carriage horses, shall not exceed two fully grown animals per acre, provided the following conditions are met:
(1)
Maintaining large domestic animals shall be within the rear yard area.
(2)
Maintaining large domestic animals shall be on a noncommercial basis and be strictly as an incidental use.
(3)
The area within which large domestic animals are kept shall be enclosed by a fence designed for containment.
(4)
No building, corral or stable shall be closer than 100 feet to the nearest dwelling other than that of the owner.
(5)
The area within which large domestic animals are maintained shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.
(6)
The owner of the large domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, odor or insect infestation.
(7)
For the purposes of this subsection, large domestic animals shall include animals of the bovine, equine, swine, goat, and sheep families and deer.
D.
Carriage horses are animals that are kept for the sole purpose of providing primary transportation for its owners via a carriage or "buggy." The owner of carriage horses shall comply with the following:
(1)
The number of carriage horses permanently maintained shall not exceed two per carriage.
(2)
Maintaining carriage horses shall be within a fully enclosed building located within the rear yard area of the lot. The fully enclosed building may be utilized for the sheltering of additional carriage horses of visitors and guests, provided that the total floor area of the proposed building not exceed 1,200 square feet.
(3)
When a grazing area is provided, it shall be fully enclosed by a fence that shall be no closer than 10 feet from the neighboring property line.
(4)
The owner shall provide a suitable plan for the disposal of animal waste.
(5)
No building, corral or stable shall be closer than 100 feet to the nearest dwelling other than that of the owner.
(6)
The owner of the carriage horse(s) shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, odor or insect infestation.
§ 450-98 Fences and walls.
A.
Permits shall be required for all residential fences.
B.
No permanent fence or wall shall be erected which is over six feet in height, and no closed fence or wall exceeding 3 1/2 feet in height shall be erected between the front wall of any building and the abutting street unless higher screening or fencing is required by other provisions of this Zoning Ordinance.
C.
A fence may be located on the property line, provided that the permit applicant provides a statement from all abutting property owners indicating that the fence location and design is acceptable. In the absence of such a statement, the fence shall be at least six inches from the property line.
D.
Fences and walls shall meet clear sight triangle requirements for vehicles entering or exiting the property.
E.
No aboveground electrified or barbed wire fencing shall be permitted between two nonfarm properties.
§ 450-99 Parking area reservation.
A.
All off-street parking areas shall be reserved and used for automobile parking only, with no sales, storage or dismantling of any kind on residential dwelling lots.
B.
Automotive vehicles or recreational vehicles of any kind or type without current license plates shall not be parked or stored other than in completely enclosed accessory buildings.
C.
The parking of one commercial vehicle with no more than two axles is permitted by the property owner/operator for his livelihood for a business not conducted on the premises. This vehicle shall not be parked within any Township right-of-way. The commercial vehicle shall not be operable in any manner which creates noise, odor, dust, dirt, or glare perceptible at the property line.
D.
One recreational vehicle only is permitted to be stored on a property and is not to be used for sleeping, recreational, or living purposes at any time.
E.
No boats, campers, recreational vehicles, trailers, and/or trucks with more than two axles (except personal pickup trucks) shall be stored within any front yard area.
F.
The outdoor storage of any disabled vehicle on a residential lot is prohibited unless it is intended for use, restoration or removal within one month from the date upon which the vehicle was deemed disabled. Any such vehicle shall not be located within the front yard area of any property.
§ 450-100 Accessory repair of personal motor vehicles.
The routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased by the person performing such services, is permitted, subject to the following:
A.
All vehicles shall be maintained with proper licensure.
B.
All work shall be performed on the vehicle owner's (lessee's) property of residence.
C.
Work conducted outside of a wholly enclosed building shall be completed within 48 hours and shall be limited to the following:
(1)
Servicing and replacement of spark plugs, batteries, distributors and distributor parts.
(2)
Repair and replacement of tires and wheels, excluding recapping or regrooving.
(3)
Replacement of water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters, oil, grease, light bulbs, fuses, floor mats and carpeting, seat covers, seat belts, windshield wipers, mirrors, and engine coolants.
(4)
Repair and replacement of car radios, sound systems, amplifiers, and speakers.
(5)
Cleaning and flushing of radiators only when flushed into a watertight catch basin and properly disposed of.
(6)
Repair and replacement of fuel pump, oil pump and line repairs.
(7)
Minor servicing and adjustment of carburetors.
(8)
Minor motor adjustments not involving the removal of the motor head or crank case, nor the revving of the motor.
(9)
Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating.
(10)
Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, rubbing, polishing, waxing, and the application of paint sealants.
D.
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.
E.
All such activities shall be conducted during daylight hours and so as not to disturb neighboring residents owing to noise.
§ 450-101 Lighting requirements.
All illumination on any residential lot or farm operating in a residential zoning district, including yard lighting and security lighting, shall be shielded so as not to produce light upon abutting properties.
§ 450-102 Site improvements and surface water runoff.
A.
Site improvements on any residential lot or farm operating in a residential zoning district, including accessory structures, driveways and off-street parking facilities, patios, paved terraces, open porches, swimming pools, and landscaping, shall be constructed and installed in a manner which does not obstruct, redirect, or intensify surface water runoff onto abutting properties.
§ 450-103 Swimming pools, in-ground and aboveground.
§ 450-104 Tennis courts.
A.
All tennis courts shall be located within the side or rear yard area behind the front wall of the dwelling. Tennis courts shall be set back at least 15 feet from side and rear property lines.
B.
A permanent open mesh fence of no greater than 10 feet in height shall be provided behind each baseline. This fence shall be parallel to the baseline and at least 10 feet beyond the playing surface unless the entire court is enclosed.
C.
Lighting fixtures, if provided, shall not create objectionable glare on abutting properties.
§ 450-105 Satellite dish antennas.
A.
Satellite dish antennas shall be located within the side and rear yard area, with the exception that an antenna may be located along the front wall of a dwelling, provided that it shall not extend beyond the edge of the roof.
B.
Satellite dish antennas shall not be located closer than 10 feet from side and rear property lines.
C.
No more than one satellite dish antenna shall be permitted per dwelling unit.
§ 450-106 Alternative energy sources: wind-assisted and solar energy facilities and fuel cells.
In addition to those applicable provisions found in § 450-164A(57) and (58), the following requirements apply to alternative energy sources when accessory to a principal residential use:
A.
Wind-assisted energy conversion facilities, constructed for the purpose of pumping water and/or generating electricity, shall not be permitted in the front yard area of any property. Height regulations do not apply to these facilities, provided the height of the structure is not greater than the shortest horizontal distance to any lot line or adjacent building.
B.
Solar energy units shall be permitted on any residential lot and are subject to the requirements of the respective zoning district.
C.
Alternative energy sources other than wind- or solar-assisted or fuel cells shall be subject to approval of a special exception by the Zoning Hearing Board.
§ 450-107 Garage/yard and private vehicle sales.
Within any zone, an owner and/or occupant of any dwelling may conduct no more than two garage/yard sales within a twelve-month period, subject to the below conditions and a permit obtained from the Zoning Officer:
A.
No garage or yard sale shall be conducted for a period longer than two consecutive days.
B.
Garage/yard sales may offer for sale only the individual property owner's personal possessions. No import or stocking of inventory shall be permitted.
C.
Signs for garage/yard sales shall be limited to a four-square-foot sign advertising such sale. The sign must be located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale.
D.
In no case shall any aspect of the garage/yard sale be conducted within any street right-of-way. Additionally, vehicular parking at any garage/yard sale shall not occur in a manner which obstructs or hinders vehicles passing the garage/yard sale site.
E.
Private vehicle sales shall include the sale of any vehicle requiring licensing by the Commonwealth of Pennsylvania, recreational vehicles or machinery. No more than one private vehicle may be displayed at any given time on a residential lot and be offered for sale, and such vehicle offered for sale shall be owned by a resident of the residential lot.