East Hanover Township Lebanon County
City Zoning Code
City Zoning Code
ARTICLE XIX
Supplementary District Regulations
§ 250-167 Intent.
The supplementary district requirements are designed to contain a list of complimentary and general requirements which augment and clarify regulations listed elsewhere in this chapter. Where applicable, these regulations shall apply uniformly to every use, activity, building or structure hereafter erected, altered, established or expanded. These regulations apply to all zoning districts and are listed comprehensively herein to avoid duplication and repetition throughout the remainder of this chapter.
§ 250-168 Accessory buildings and structures.
Any building or structure attached to a principal building in any manner shall comply in all respects with the yard requirements of this chapter for a principal building. No separate or detached building or structure shall be permitted in any required front yard. Accessory buildings located in the RHD District shall not be permitted within five feet of any side or rear lot line; in all other residential or commercial districts, accessory buildings shall not be less than 10 feet from a side or rear lot line. In all districts, where the entrance to a garage abuts a public alley, said garage entrance shall be no less than 15 feet from the right-of-way of such alley.
§ 250-169 Accessory uses.
A.
Private, noncommercial swimming pools which are designed to contain a water depth of 24 inches or more, regardless of whether they are permanently affixed or movable, shall be located on the same lot or tract as the dwelling and shall be permitted neither in the required front yard nor closer to any street line than the dwelling. In all other yards, a pool shall not be closer than 15 feet to any lot line, as measured from the water's edge. All pools shall be completely enclosed with a continuous impenetrable fence or barrier no less than four feet in height above the ground level and shall be equipped with a lockable gate or retractable ladder. Any deck, patio, or impermeable surface, not under roof or otherwise enclosed, which surrounds, is attached to, or associated with a pool shall be no closer than 10 feet to the side or rear lot line.
B.
Private tennis courts shall be permitted within side or rear yards provided that such facility shall not be less than 15 feet from side or rear lot lines.
C.
Nothing in this section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety, and/or welfare of the community.
§ 250-170 Projections into yards.
The following projections shall be attached to a building, may be permitted in required yards and shall not be considered in the determination of yard size.
A.
Patios, paved terraces, decks, or open, unroofed porches shall be permitted in all yards provided that such structure shall be no closer than five feet to any lot line and not greater than five feet above finished grade.
B.
Projecting architectural features — bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features, provided they do not extend more than five feet into any required yard no closer than three feet to any adjacent property lines; however, any canopies, porte cocheres or other roofs that extend more than five feet from the building line as defined in Article I of this chapter, shall be subject to the yard requirements applied from the lot line to the edge of the roof.
C.
Stairs, landings, and decks that are unroofed, provided that they are no closer than five feet to any lot line.
D.
Open balconies or fire escapes provided such balconies or fire escapes are not supported on the ground and do no project more than five feet into any required yard nor closer than three feet to any adjacent property line.
§ 250-171 Home occupation and no-impact home-based business regulations.
A.
A home occupation as defined in Article I may be permitted in any district under the following conditions, except that such permission shall not exceed any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community:
(1)
The proprietor of the home occupation shall reside on the premises and shall be the property owner or a member of the immediate family of the property owner. The home occupation shall be incidental to the use of the property as a residence, and there shall be no exterior evidence of the occupation or change to the appearance of the dwelling to facilitate the operation of the occupation, other than one small sign as provided in Article XXII of this chapter.
(2)
The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 25% of the habitable floor area. This area shall include all functions or activities of the home occupation.
(3)
The proprietor may employ not more than one assistant who does not reside within the dwelling used for the home occupation.
(4)
In addition to the parking required for the residence, two off-street parking spaces shall be provided for the home occupation plus one additional space for any assistant. However, no-impact home-based businesses, as defined herein, shall not require any additional off-street parking. Off-street parking improvements shall comply with Article XXI of this chapter.
(5)
Any home occupation or accessory function of a home occupation which may create objectionable noise, fumes, odor, dust, electrical interference, or substantially more than normal residential traffic shall be prohibited.
B.
No-impact home-based businesses as defined in Article I are permitted as a use by right in all districts, except that such permission shall not exceed any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
(1)
The business or commercial activity must satisfy the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no 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 may 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 may 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 may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
§ 250-172 Visibility at intersections.
On a corner lot in any district a clear sight triangle shall be provided at all street intersections. Within such triangles, no vision obstructing objects (other than utility poles) shall be permitted which obscure vision above the height of 30 inches and below 10 feet as measured from the center line grade of intersecting streets. Such triangles shall be established from a distance of:
§ 250-173 Fences, walls and hedges.
[Amended 1-27-2025 by Ord. No. 2025-01]
A.
Upon properties used for agricultural, residential or institutional purposes, no fence or non-retaining wall (except as noted elsewhere in this chapter) shall be erected to a height of more than:
(1)
Four feet in a front yard; except that, fences and non-retaining walls erected upon reverse frontage and corner lots may extend up to height of six feet within those yards that do not contain vehicular access onto an adjoining road.
(2)
Six feet in any side yard.
(3)
Eight feet in any rear yard.
Fences and non-retaining walls shall not exceed the maximum heights listed above unless a greater height is permitted by special exception from the Zoning Hearing Board.
B.
Upon properties used for commercial purposes, no fence or non-retaining wall (except as noted elsewhere in this chapter) shall be erected to a height of more than:
(1)
Four feet in a front yard; except that, fences and non-retaining walls erected upon reverse frontage lots may extend up to height of eight feet within those front yards that do not contain vehicular access onto an adjoining road.
(2)
Eight feet in any side yard.
(3)
Eight feet in any rear yard.
Fences and non-retaining walls shall not exceed the maximum heights listed above unless a greater height is permitted by special exception from the Zoning Hearing Board.
C.
Upon properties used for industrial purposes, no fence or non-retaining wall (except as noted elsewhere in this chapter) shall be erected to a height of more than:
(1)
Eight feet in a front yard; except that, fences and non-retaining walls erected upon reverse frontage lots may extend up to height of 10 feet within those front yards that do not contain vehicular access onto an adjoining road.
(2)
Ten feet in any side yard.
(3)
Ten feet in any rear yard.
Fences and non-retaining walls shall not exceed the maximum heights listed above unless a greater height is permitted by special exception from the Zoning Hearing Board.
D.
Fences surrounding tennis, pickle ball, basketball courts, etc., may be erected to a height not exceeding 10 feet.
(1)
A fence on a residential lot in a minimum front yard shall be mostly open in construction, such as a split rail, picket or chain link fence, as opposed to a mostly solid fence. A fence shall be considered "open" if every segment of the fence (e.g. a section between posts) is composed of at least 50% open spaces and no more than 50% solid materials. All other fences are considered "solid" fences.
E.
No fence, non-retaining wall or hedge shall be located within any clear sight triangle as required by § 250-172 of this chapter.
F.
No fence, non-retaining wall or hedge shall be located which blocks or limits visibility for driveways on adjacent properties.
G.
No fence, non-retaining wall or hedge shall be located in such a way as to obstruct the view of oncoming traffic for motorists entering a public thoroughfare.
H.
No fence, non-retaining wall or hedge shall be located in a public right-of-way or other rights-of-way or easements, including but not limited to public or private drainage, utility or access easements, unless otherwise required by this chapter, the Township Subdivision and Land Development Ordinance (Chapter 185), or the Township Stormwater Management Ordinance (Chapter 172).
I.
Fence or Non-retaining Wall on Property Line (With Exceptions).
(1)
Fences and non-retaining walls may be erected on a side or rear property line provided said property line is clearly located and physically marked on the lots by lot line markers placed in accord with a survey conducted by a registered land surveyor, and provided the permit application is accompanied by an easement to be recorded executed between said owners establishing agreement for erection of the subject fence or non-retaining wall.
J.
Unless required for agricultural purposes, no fence shall be constructed of barbed wire, razor, or other sharp components capable of causing injury. Unless required for security purposes for commercial, institutional or industrial use, no fence shall be constructed of barbed wire, razor, or other sharp components capable of causing injury, and only then if the portion of the fence containing barbed wire, razor, or other sharp components capable of causing injury is not lower than six feet above the average surrounding ground level.
K.
The use of an above-ground electric fence is expressly prohibited except in the case of agricultural fences used to contain livestock.
L.
The finished or decorative side of all fences shall face the adjoining property or a public right-of-way. The support posts, etc., shall be installed on the owner's side of the fence.
M.
Fences and non-retaining walls shall not be constructed from scrap metal, sheet metal, junk, sheets of plywood, skids, travel trailers or shipping containers and shall be uniform in construction materials and design.
N.
All fences and non-retaining walls shall comply with the Pennsylvania Uniform Construction Code (UCC) as enforced by the Township.
O.
In all zoning districts, walls for landscaping purposes may be erected in required yard setbacks but shall not be located closer than five feet from property lines, street and utility rights-of-way, or in clear sight triangles. Landscaping walls shall only be constructed of masonry or landscape timbers and shall be maintained in good condition. Landscape (retaining) walls shall not exceed three feet in height in any front yard or six feet in height in any side or rear yard areas.
P.
The use of freestanding retaining walls higher than three feet up to a maximum height of 12 feet is permitted, subject to the following findings:
(1)
That the proposed height of the retaining wall is necessary to facilitate an efficient use of the site and/or protect an important or sensitive natural or cultural feature of the site.
(2)
The retaining wall is designed and will be constructed to assure structural integrity and will in no way adversely affect any drainage pattern and/or underground utility lines nor interfere with their rights-of-way.
(3)
That the applicant has provided sufficient separation and physical barriers between the proposed retaining wall and any pedestrian and/or vehicle movement areas to ensure adequate vehicle and pedestrian safety.
(4)
That the base of the retaining wall is setback a horizontal distance at least five feet from each property line.
(5)
All retaining walls shall comply with the Pennsylvania Uniform Construction Code (UCC) as enforced by the Township.
(6)
Handrails/guardrails are required if the retaining wall is over 30 inches tall and a pedestrian path is closer than 36 inches to the top of the wall, or as required by the Pennsylvania Uniform Construction Code (UCC) as enforced by the Township.
Retaining walls higher than 12 feet are permitted provided the applicant submits written evidence that the retaining wall is designed and will be constructed to assure structural integrity and will in no way adversely affect any drainage pattern and/or underground utility lines nor interfere with their rights-of-way.
§ 250-174 Erection of more than one principal structure on a lot.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter and the Chapter 185, Subdivision and Land Development, of the Code of East Hanover Township shall be met for each structure as though it were on an individual lot.
§ 250-175 Structures to have access.
Every building hereafter erected or moved shall be on a lot abutting a public street, or with direct access to an approved public or private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
§ 250-176 Water supply and sewerage facilities required.
In the interest of protecting the public health, safety, and welfare, every building or structure hereafter erected, altered or moved upon any premises and used in whole or in part for dwelling, commercial or recreational business, or industrial purpose shall be provided with both a safe and sanitary water supply and a safe and sanitary means of collection and disposal of residential, commercial, or industrial sewage. Such facilities shall conform to the minimum requirements set forth by the Department of Environmental Protection.
§ 250-177 Minimum floor and lot area requirements.
Unless otherwise regulated in this chapter, every dwelling unit hereafter designed, established, or erected shall contain a minimum habitable floor area of 700 square feet. Existing two-family or multifamily development shall only be expanded or enlarged provided that a minimum lot area of 3,000 square feet is provided for each dwelling unit located on said property.
§ 250-178 Corner lot restrictions.
In all districts, corner lots shall have no required rear yards, but shall have two required front yards as measured from the road right-of-way line and two required side yards as measured from the lot lines.
§ 250-179 Required front yard exceptions.
Where an unimproved lot of record is situated between two improved lots, the front yard requirements for the district may be modified so that the front yard may be an average of the adjacent existing front yards. Where an unimproved lot of record is adjacent to one improved lot which was developed prior to the enactment of this chapter, the front yard requirements of the unimproved lot may be reduced to the average of the existing improved lot setback and required front yard.
§ 250-180 Animals.
[Amended 6-28-2021 by Ord. No. 2021-2]
Customary household pets shall be permitted in any district; however, novelty pets, kennels, the keeping of livestock or fowl, the accessory keeping of horses, and uses involving animal husbandry shall be permitted only as indicated in the appropriate district regulations.
§ 250-181 Dangerous structures.
Upon notification and request by the Zoning Administrator, any building or structure which has deteriorated to the state where it is dangerous and/or unsafe for human occupancy, constitutes a fire hazard, endangers surrounding buildings, shelters rats or vermin, or endangers the safety of children playing thereabouts, shall be repaired, altered or removed to eliminate the dangerous conditions. Such improvements shall commence within 30 days and be completed within 90 days of notification by the Zoning Administrator.
§ 250-182 Gasoline pumps and all other equipment.
Gasoline pumps, tanks, and all other service equipment shall be located not less than 35 feet from any lot line and/or road right-of-way and located such that vehicles stopped for service will not extend over the property line.
§ 250-183 Parking and storage of certain vehicles.
Automotive vehicles or trailers of any kind without current, valid license plates and/or state inspection shall not be parked or stored on any property other than in completely enclosed buildings or properly approved junkyards. Additionally, such vehicles shall not be parked or stored along public streets in any zoning district.
§ 250-184 Parking, storage, or use of major recreational equipment.
For purposes of these regulations, major recreational equipment and/or tractor trailers, rigs, or cabs are defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport, an enclosed building, in a rear yard or on that portion of a private residential driveway not within the road right-of-way. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use. Additionally, no such equipment shall be parked for loading and unloading along public streets in any zoning district for a period of time exceeding 24 hours.
§ 250-185 Mobile home parks and mobile home subdivisions.
All mobile home parks and mobile home subdivisions hereafter erected, established, substantially altered, or expanded shall comply with the requirements of Chapter 109, Mobile Home Parks and Recreation Vehicle Parks, of the Code of East Hanover Township, and any requirements set forth in Article VII of this chapter.
§ 250-186 Exceptions to height regulations.
The height limitations of this chapter shall not apply to church spires; farm structures when permitted by other provisions of this chapter (e.g., silos, barns, etc.); belfries, cupolas, penthouses and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkhead and similar features; utility poles and standards; and necessary mechanical appurtenances usually carried above the roof level. Such features, however shall be erected only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other governmental regulations.
§ 250-187 Public utilities exemptions.
For the purposes of this chapter, public utilities exemptions to district requirements shall extend only to accessory support and maintenance structures and buildings not requiring human occupancy. Such uses and structures including fences shall be located no closer than 10 feet to any lot line or road right-of-way line. Principal utility structures (e.g., sewage treatment plants, electrical power plants, etc.) shall be permitted in any district but shall comply in all respects with the requirements for a principal use of the district in which it will be located. In either case, said utility corporation shall secure a building and zoning permit from the Zoning Administrator prior to the start of construction. Said permit application shall include any and all approvals required by other agencies, etc., for the use specified.
§ 250-188 Oil and gas operations.
It is the intent of the Township to comply with Chapter 33, Local Ordinances Relating to Oil and Gas Operations, of Title 58, Oil and Gas, of the Pennsylvania Consolidated Statutes, as added by Act 13 of 2012. Oil and gas operations, as defined in 58 Pa.C.S.A. § 3301, shall be permitted within the Township to the extent of and in the manner required by 58 Pa.C.S.A. § 3304. All provisions of this chapter shall apply to oil and gas operations to the maximum extent allowed by Chapter 33 of Title 58.
§ 250-189 Operation and performance standards.
All uses proposed within East Hanover Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended. The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
A.
Noise pollution and vibration. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
B.
Air pollution, airborne emissions and odor. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
C.
Water pollution. The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. 691.1 et seq., as amended.
D.
Mine reclamation and open pit setback. Pennsylvania Act No. 1984-219, the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S. § 3301 et seq.
E.
Glare and heat. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
§ 250-190 Nuisances prohibited (general).
No land or structure in any zoning district shall be used or occupied in any manner that creates any:
A.
Dangerous, injurious, or noxious condition;
B.
Fire, explosive or other hazards;
C.
Heat, electromagnetic or other radiation;
D.
Noise or vibration;
E.
Smoke, dust, odor or other form of air pollution; or
F.
Any other condition in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
§ 250-191 Forestry activities.
In accordance with the requirements of Section 603(f) of the MPC, as amended by Act 68 of 2000,[1] forestry, including the harvesting of timber, is permitted as of right in all zoning districts within the Township subject to the provisions generally applicable to all uses in the district in which such land is located. If in the future the General Assembly amends the MPC to repeal Section 603(f) or to remove the requirement that forestry be permitted in all zoning districts in every municipality, this section will be of no further force or effect.
[1]
Editor's Note: See now 53 P.S. § 10603(f).
§ 250-192 Lot averaging standards.
A.
Purpose.
(1)
It is the purpose of this section to permit a more varied, efficient, and economical development pattern; to foster the protection of critical natural resources, such as streams, groundwater, floodplains, wetlands, steep slopes, woodlands and wildlife habitat areas; and to conserve open space areas within residential subdivisions.
(2)
By providing for lot averaging, impervious cover and other improvements may be reduced, resulting in a lesser increase in stormwater run-off as well as a reduction in subdivision improvement costs.
(3)
By providing for lot averaging, it is the specific goal of the Township to minimize the potential adverse aesthetic effects of conventional land development as a whole and on neighboring property owners in particular, by encouraging the use of site planning which will reduce the visual impact of development from the vantage point of surrounding properties and nearby public roads.
B.
Eligibility. As a design option, a developer may be allowed to modify the area and bulk regulations for single-family residential development only, provided the following procedures and conditions are met:
(1)
Lot averaging shall be permitted in the RF - Residential Forest zoning district.
(2)
The tract of land to be subdivided shall be contiguous and shall be held in single and separate ownership.
(3)
The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, due to flooding, erosion or other dangers or inconveniences. Conditions of soil, groundwater, drainage and topography shall be compatible with proposed site design.
(4)
Site planning, including layout of streets and lots shall be in compliance with the purposes and standards of this chapter and of the applicable Subdivision and Land Development Ordinance.
C.
Lot averaging controls. No lot of such size as to be capable of further subdivision under the district regulations shall be included in determining the average lot area unless the possibility of such further subdivision is eliminated by a deed restriction or agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Lebanon County.
D.
Area and bulk regulations.
(1)
For developments utilizing the lot averaging design option, the following minimum area and bulk regulations shall apply:
Normal Minimum | No Public Utilities | Public Water or Sewer | Slope in Excess of 20% |
|---|---|---|---|
Lot size | 2.0 acres | 1.0 acre | 3 acres |
Lot width (feet) | 200 | 150 | 250 |
Front yard (feet) | 50 | 40 | 50 |
Side yard (feet) | 20 | 15 | 30 |
Rear yard (feet) | 50 | 40 | 50 |
Lot coverage (maximum) (percent) | 20% | 20% | 10% |
Lot-averaging minimum | |||
Lot size | 1 1/3 acres | 20,000 square feet | 1 2/3 acres |
Lot width (feet) | 150 | 100 | 150 |
Front yard (feet) | 40 | 30 | 40 |
Side yard (feet) | 15 | 15 | 20 |
Rear yard (feet) | 30 | 30 | 30 |
Lot coverage (maximum) (percent) | 25% | 30% | 20% |
(2)
Notwithstanding the minimum lot size required in the base zoning district and the requirements above, if strict compliance with the minimum results in an otherwise unacceptable development design, the Zoning Hearing Board, by variance, may permit a further reduction in the minimum lot size if it will promote the objectives of this chapter.
§ 250-193 Satellite dish antennas.
A.
The following types of satellite dish antennas shall be allowed in all districts and shall not require a permit for same, but shall observe setback regulations if applicable.
B.
The location of all satellite dish antennas must comply with the setback restrictions for the principal use and shall not be located in front of the principal building, unless applicable provisions of the Federal Communications Commission would be violated.
§ 250-194 Personal ham/amateur radio antennas and towers.
Such devices are permitted in any district as an accessory use to a principal residence, provided they are not located within the front yard and that they are set back a horizontal distance from each property line at least equal to their height.
§ 250-195 Roadside stands.
Roadside stands for the sale of "home-grown" or "home-made" products shall be subject to the following:
A.
Any structure used to display such goods shall be no more than 600 square feet in gross floor area.
B.
Such structure shall be located at least 20 feet from any property line or road cartway, and not within the road right-of-way.
C.
Sufficient off-street parking spaces to accommodate the maximum number of stopped vehicles at any one time shall be provided, but in no case fewer than three such spaces.
D.
At least half of the products displayed for sale must have been produced on the premises.
§ 250-195.1 On-site retail sale of agricultural products.
[Added 6-28-2021 by Ord. No. 2021-2]
In addition to roadside stands as regulated in § 250-195, the on-site retail sale of agricultural products shall be permitted subject to the following:
A.
Any structure used to display such goods shall be located at least 50 feet from any property line or road cartway.
B.
Sufficient off-street parking spaces to accommodate the maximum number of customer vehicles at any one time shall be provided, but in no case fewer than three such spaces.
C.
At least half of the products offered for sale must have been produced on the premises.