Edgmont Township City Zoning Code
ARTICLE XXII
General and Supplemental Provisions
§ 365-149 Intent.
The overall intent of these general provisions is to establish certain supplementary regulations and standards which are either common to all zoning districts or pertinent to several zoning districts and to provide for regulations and standards not otherwise specifically provided for in any zoning district.
§ 365-150 General supplemental regulations.
A.
Purpose. This section provides general regulations for lots, yards, heights of structures, grading, landscaping and lighting.
B.
Limitation on principal uses. No more than one permitted principal use shall be allowed on a lot except in the PRD, C-1, C-2, C-3, POC, and LI Districts, which are intended to promote mixed uses. Properties of four acres or more in the R-1 and R-1A Districts may have both residential and agricultural uses.
C.
Supplemental lot regulations.
(1)
Lot area and yard requirements. Except for minor lot line adjustments, which do not cause or result in a violation of the terms of this chapter or any Township approval, the lot and yard areas used to establish any subdivision and/or land development, lot(s), building or use shall not be used again to establish any other subdivision and/or land development, lot(s), building or use in satisfying the area requirements of this chapter.
(2)
Minimum lot area. No principal building or use shall be erected or established on any lot which has an area less than required under the applicable zoning district, except as provided in this section. See this article regarding exceptions for public utilities.
(3)
Minimum lot width. No principal building or use shall be erected or established on any part of a lot which has a width less than required under the applicable zoning district, except as provided in this section.
(4)
Front yard requirements. An open area of at least the depth specified in the applicable zoning district shall be provided between the street line or lines and the nearest point of any building or structure, except as may be otherwise permitted by this chapter.
(5)
Front yard of corner lots. Corner lots shall provide for equal front yard setbacks on both streets.
(6)
Side and rear yard requirements. No building or other structure shall be erected within the side yard width or rear yard depth specified in the applicable zoning district except as provided in this chapter.
(7)
Projections into required yards. No building, structure or part thereof shall be erected within or shall project into any required yard setback in any zoning district, except as provided for below:
(a)
Nonenclosed porches, terraces, patios, platforms or other uncovered spaces, buttresses, chimneys, cornices, piers or pilasters, eaves not exceeding 24 inches, unenclosed fire escapes, unenclosed steps, bay windows, and balconies may project from the building into the required yard setback; and
(b)
No such projection shall extend any closer than 15 feet from a property line.
(8)
Yard measurement. All yards shall be measured from the future right-of-way line of streets as applicable.
D.
Supplemental height regulations. In addition to the height regulations of each article, the following shall apply:
(1)
Fences and walls. If a fence or wall is over six feet in height, the portion of the fence or wall which exceeds six feet shall have a ratio of open to solid area of at least four-to-one and only in accordance with this article.
(a)
Exception. Retaining walls and walls of a building permitted under the terms of this chapter are exempt from these provisions.
(b)
Height limitation. Fences surrounding sports courts or those used to control deer may be 12 feet high. All other fences shall not exceed eight feet in height.
(c)
Retaining walls. The design for any retaining wall over four feet in height shall be sealed by a structural engineer, and the wall shall be subject to inspection by the Township during construction.
(2)
Exemptions. The Board of Supervisors may determine that the height regulations prescribed within this chapter may be exempted for antennas, spires, steeples, belfries, cupolas or domes not used for human occupancy, or for chimneys, ventilating fans, air-conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water tanks, utility poles, silos, smokestacks, and other necessary appurtenances.
E.
Minimum dwelling floor area. Every dwelling unit, with the exception of an apartment or a manufactured house, shall have a minimum floor area of 1,000 square feet. If any dwelling is more than one story high, then the first floor shall contain at least 750 square feet of floor area. Areas of basements, attics, attached garages or similar structures shall not be considered in computing the required minimum floor area.
F.
General landscaping requirements. All new construction shall require submission of tree replacement and tree protection plans in accordance with the design standards set forth in Chapter 305, Subdivision and Land Development, provided that the Board of Supervisors may grant waivers based on that chapter.
G.
General lighting requirements. Lighting requirements shall be in accordance with the design standards set forth in Chapter 305, Subdivision and Land Development.
H.
General grading requirements. All activities that require the moving of earth or the filling or excavation of an area of a lot shall occur only in accordance with Chapter 193, Grading and Excavations, and Chapter 292, Stormwater Management, both of the Edgmont Township Code, and the clean fill standards in Appendix D of Chapter 305[1] (as each of the foregoing may be amended, supplemented or replaced from time to time). The deposit of soils, detritus or other debris detrimental to surrounding properties, streets, sewers, and natural watercourses shall be prohibited.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 365-151 Utilities and fire suppression.
A.
Purpose. This section provides regulations for the placement of utility lines, connection to public water, and the installation of fire suppression systems. These regulations are in addition to any other regulations specifically provided for in the zoning district in which the use or development is proposed, or as otherwise provided in Chapter 305, Subdivision and Land Development, and the Edgmont Township Building Code.[1]
B.
Public water.
(1)
New subdivision and land development. Whenever the Board of Supervisors determines that a public water system is available to any proposed new subdivision or land development, such new subdivision or land development shall connect to and use such system.
(2)
New construction. Whenever the Board of Supervisors determines that a public water system is available to any new construction, such new construction shall connect to and use such system.
(3)
Nonresidential renovation and reconstruction. In the event that 40% or more of the gross square footage of any nonresidential building or structure is improved, renovated, repaired, reconstructed, rehabilitated, altered or modified, or the gross square footage of the building is increased by 40% or more and the Board of Supervisors determines that a public water supply is reasonably available, then said nonresidential building or structure shall be connected to and use such system.
C.
Utilities.
(1)
New utilities. Electric, telephone, and television (including cable, fiber optic, etc.) wiring shall be placed underground for every structure, dwelling or other use in all zoning districts within the Township.
(2)
Public utilities. The use regulations of this chapter shall apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation to provide public utility services, unless, upon petition of the corporation, the Pennsylvania Public Utility Commission (PUC) shall, after public hearings, issue an order that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
(a)
Notice of PUC hearings/proceedings. It shall be the responsibility of the Pennsylvania PUC to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
(b)
PUC exemption. Except where specifically exempted by statute, regulation, or PUC order (and only to the extent exempted), the bulk and area regulations of the underlying district in which the PUC use is located shall apply.
D.
Fire suppression and fire alarm.
(1)
Fire suppression. Any structure required by this chapter to connect to a public water system shall also be required to have a fire sprinkler suppression system installed.
(a)
Existing residential. Existing residential structures undergoing renovation, repair, reconstruction, rehabilitation, alteration or addition, that do not have an existing fire sprinkler suppression system shall not be required to install said system.
(2)
Fire alarm. All new construction shall contain fire alarm systems satisfactory to the Township. Such fire alarm systems need not be connected to any form of central or off-site monitoring system or service, unless otherwise required by the Edgmont Township Building Code.
§ 365-152 Road and highway frontage development.
A.
Purpose. This section provides supplemental regulations to provide for the sound development of road and highway frontage and to minimize traffic congestion and hazards. These regulations are in addition to any other regulations specifically provided for in the zoning district in which the use or development is proposed, or as otherwise provided in Chapter 305, Subdivision and Land Development.
B.
General regulations.
(1)
Clear rights-of-way. Any structure erected, placed or maintained in or any vegetation planted or growing in any road or street right-of-way which, as determined by the Township, constitutes a hazardous or dangerous condition or impairs the use or maintenance of a public or private road or street is prohibited and shall be removed by the property owner.
(2)
Clear sight triangle. Every intersection with a public road, street or highway shall have and maintain a clear and unobstructed sight triangle as provided in Chapter 305, Subdivision and Land Development.
(3)
Clear sight distance. Clear sight distance shall be provided and maintained in strict accordance with PA DOT standards.
(4)
Right-of-way width. Minimum right-of-way widths shall be provided for Township owned and maintained streets whenever the existing right-of-way is less than that indicated in Chapter 305, Subdivision and Land Development, for the particular classification of street. The new rights-of-way shall be measured from the center line of the existing street.
(5)
Highway occupancy permit. A Township highway occupancy permit is required for access to Township roads or at any time when working on or under Township roads or in a Township right-of-way.
C.
Residential development requirements.
(1)
Street frontage. Subject to the requirements of this section, except for lots with approved common driveways, every principal permitted residential building shall be built upon a lot with frontage upon and providing direct access to a public or private street. The street shall be improved to the design standards set forth in Chapter 305, Subdivision and Land Development, provided that the Board of Supervisors may grant waivers based on that chapter. Such frontage shall be in accordance with that specified in the article pertaining to the particular zoning district in which such lot is located.
(2)
Single driveway. Each principal permitted residential building is limited to a single point of access to a public road or street, except as otherwise approved by the Board of Supervisors in the case of a multifamily residential building(s).
(3)
Common driveways. It shall be the intent of this subsection to prohibit common driveways. However, if an applicant successfully demonstrates that the street frontage and street access requirements of this section and Chapter 305, Subdivision and Land Development, are technically infeasible or physically impossible, the lots in a new residential subdivision of land may be served by a common driveway, subject to the following:
(a)
Number. No more than one common driveway shall be permitted in any subdivision.
(b)
Street standards. If a common driveway is approved to serve more than three lots or exceeds 1,000 feet in length, then the common driveway shall be designed and constructed to the then-existing public street standards of the Township (including the provision of required rights-of-way), as set forth in Chapter 305, Subdivision and Land Development.
(c)
Maintenance agreement. An agreement in recordable form, providing for the use and maintenance of the common driveway, shall be provided to and approved by the Township and recorded prior to the commencement of construction.
(d)
Dedication. Any common driveway offered for dedication to the Township shall, as a condition of acceptance by the Township, first be improved to then-existing Township road standards.
§ 365-153 Supplemental regulations for accessory uses and structures.
A.
Purpose. This section establishes supplemental regulations applicable to accessory uses and structures. These regulations are in addition to any other regulations specifically provided for in the zoning district in which the use or development is proposed.
B.
General regulations.
(1)
Permits. Accessory uses and structures may require permits from the Township prior to commencement or erection.
(a)
Duration. A permit issued for a temporary structure or use shall be for the period stated on the permit; provided, however, that no permit shall exceed 180 days in duration unless otherwise stated in this chapter.
(2)
Location. Unless otherwise specified, accessory use structures shall be located, erected or maintained only in a side yard or rear yard, provided that in no case shall an accessory use structure or building be located in a front yard or closer to any lot line than 15 feet.
(a)
Exceptions.
[1]
Driveways and walkways. Driveways and walkways may be located in a front yard but no closer than five feet from a side property boundary line, except for approved common driveways which may abut or straddle property lines.
[2]
Sidewalks. The location of sidewalks shall comply with the standards set forth in Chapter 305, Subdivision and Land Development.
[3]
Fences. Fences may define property boundary lines or serve as a required continuous visual buffer and, in such cases, may be located in a front yard.
[4]
Walls. Walls may be located in a front yard and no closer than five feet to any lot line.
[5]
Detached accessory structures. In the case where the location of the principal residential building on a lot exceeds the required front yard setback, detached accessory buildings and structures, such as garages, sheds, gazebos and the like, but excluding pools and sports courts, may be located between the front building line of the principal residential building by not more than 1/2 of the distance measured between the front building line of the principal building and the required front yard setback line. By way of example and not limitation, if the zoning district requires a sixty-five-foot front yard setback and the location of the principal building provides a 100-foot setback, then the accessory building or structure may be located no more than 17 1/2 feet in front of the principal building.
[a]
Limitations.
[i]
On residential properties with more than one front yard, an accessory structure shall be permitted in only one front yard. Once an accessory structure has been placed in a front yard, an accessory structure shall not be placed in any other front yard.
[ii]
In no case shall accessory structures used for the housing of livestock, poultry, or domestic animals be located in a front yard.
[6]
Utilities. Utilities may be located in a front yard, but no closer than five feet to any side or rear lot line except when installed under a permitted common driveway or otherwise approved by the Board of Supervisors.
[8]
Flagpoles. Flagpoles may be located in a front yard but shall not be within the street right-of-way.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[9]
Other structures.
[a]
Other structures in accordance with the specific setbacks provided elsewhere in this chapter.
[b]
Other structures not otherwise provided for in this chapter, when it is demonstrated to the Township by a property owner to be necessary for the support, operation, function and/or maintenance of the primary principal use of a property, and provided that the property owner also demonstrates that location elsewhere on the property is technically infeasible, physically impossible and that the location as proposed does not adversely affect the health, safety and welfare of the neighborhood, community and Township. Where possible, such structures shall be located beneath the surface of the ground.
C.
Residential.
(1)
Temporary accessory structures and uses. The following temporary structures and uses are only permitted on properties that are residentially zoned or in lawful residential use and shall comply with this article and the following requirements:
(a)
Garage/yard sales.
[1]
Permit. A permit is not required for a garage/yard sale.
[2]
Duration. Garage sales and/or yard sales can be held up to four times per year for a period of no more than three consecutive days for any single sale event. There can be no more than two consecutive sales events.
[4]
Sale items. Items of personal property offered for sale shall include only those items traditionally or typically offered for sale as part of a garage or yard sale, and shall not include items for consignment or acquired by the property owner for purposes of resale.
[5]
Removal and cleanup. All unsold items of personal property shall be cleaned up and removed from public view by the end of the final day of the sale.
(b)
Special events.
[1]
Permit. A permit shall be submitted to the Township and approved by the Board of Supervisors in order to conduct a special event.
[a]
The permit application shall be on a form provided by the Township and shall be submitted with all required information and documentation, including a permit fee in accordance with a schedule of fees adopted by resolution by the Board of Supervisors from time to time, at least 30 days prior to the scheduled date of the special event.
[b]
An applicant for a permit, if other than the property owner, shall also provide, at the time of application, written permission from the property owner or other person(s) or party(ies) legally responsible for the property or area where the special event is to be conducted.
[c]
The permittee shall, in addition to any other conditions placed on a permit, also be subject to such rules and regulations of the Township, as may be promulgated by the Board of Supervisors from time to time by resolution.
[2]
Accessory use. The special event shall be an accessory use to the principal use conducted on the property or in the residential district wherein the special event is proposed. It is not the purpose or intent of this subsection to create or provide opportunities for uses or activities in residential zoning districts which generally would not be permitted to be conducted in a residential zoning district as an accessory use.
[3]
Location. A special event shall be permitted to be conducted only on a Township right-of-way, private street or place of public assemblage.
[4]
Safety. Safe egress and ingress to the special event shall be provided and maintained at all times during the special event, which shall include, at a minimum, adequate provisions to allow residents and emergency equipment to enter and exit safely for the duration of the special event.
[5]
Duration. A special event may be held up to two times per year at any particular property or location. No special event shall last for more than three days at a time. The special event may commence at 7:00 a.m. and shall end by 11:00 p.m., provided that amplified sound shall not be used prior to 9:00 a.m. nor after 9:00 p.m.
[6]
Cleanup. All items used for the special event shall be removed within 24 hours of the end of the special event. The property shall be kept reasonably clean at all times during the event.
(c)
Celebratory tents and canopies.
[1]
Permits. Celebratory tents and canopies in residential districts, erected for occasions such as birthdays, weddings, graduations and the like, do not require a zoning permit unless:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
Portable outdoor storage containers.
[1]
Permit. A zoning permit is required for the placement of a portable outdoor storage container.
[2]
Location. A portable outdoor storage container shall be located on a property as approved by the Township.
[3]
Duration. Permits for portable outdoor storage containers shall be issued for an initial period of no more than 60 days and may be renewed in sixty-day increments for an aggregate not to exceed one year from the date of original issuance.
[4]
Removal. The portable outdoor storage container shall be removed from the property upon expiration of the permit.
(e)
Construction trailers.
[1]
Permit. A zoning permit is required for the placement of a construction trailer.
[2]
Location. A construction trailer shall be located on a property as approved by the Township and shall not be placed until approval has been issued by the Township for the project for which the trailer will be used.
[3]
Duration and removal. Construction trailers shall be removed from the property upon the expiration date of the permit as stated on the permit.
(f)
Recreational vehicles, boats and trailers.
[1]
Permit. A permit is not required to store recreational vehicles, boats or travel trailers.
[2]
Location. Recreational vehicles, boats and travel trailers shall be stored in the rear or side yard of a residential lot or in a garage or roofed structure and shall be no closer to a property line than 40 feet in an R-1 District, 35 feet in an R-2 District, 25 feet in an R-3 District, and 15 feet in every other residential district.
(g)
Seasonal aboveground pools.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Permits. Seasonal aboveground pools which are designed to hold 24 or more inches of water shall require a pool permit.
[2]
Location. Seasonal aboveground pools shall be located in a side or rear yard and no closer than 15 feet to any property line, notwithstanding anything in this chapter, as amended, to the contrary.
[3]
Duration. A permit for a seasonal aboveground pool shall be good for a period of three years, provided the pool is taken down at the end of the season and placed in the same location the following season. Seasonal aboveground pools not taken down shall be considered permanent aboveground pools.
[4]
Barriers. Any aboveground pool designed to hold 24 or more inches of water shall have approved barriers to entry. Barriers shall be placed and maintained as required by the Edgmont Township Zoning and Building Codes, as amended.
(2)
Permanent accessory structures and uses. The following permanent structures and uses are only permitted on properties that are residentially zoned or in lawful residential use and shall comply with this article and the following requirements:
(a)
Detached buildings and structures. Detached buildings and structures which include, but are not limited to, garages, barns, sheds, fences, shelters for household pets, pool houses and greenhouses, shall comply with the following requirements:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Permit. A permit may be required for a detached accessory building or structure.
[2]
Location. Detached buildings and structures shall meet the location requirements of this article.
[3]
Setbacks. Detached buildings and structures shall meet the setback requirements of this article.
[4]
Size limitations. The gross area of any accessory building shall be limited to 900 square feet or 25% of the gross first floor area of the principal permitted building, whichever is greater.
(b)
Swimming pools. Residential swimming pools are intended to be solely for the enjoyment of the occupants of the principal permitted use of the property on which they are located and their guests. Swimming pools designed to contain 24 inches of water or more shall be erected in conformity with the Edgmont Township Building Code,[1] the Edgmont Township Pool Policy and the following:
[1]
Permit. A permit shall be required to locate and construct a swimming pool.
[2]
Location. Pools shall meet the location requirements of this article.
[3]
Setbacks. Swimming pools shall be no closer to a property line than 40 feet in the R-1 District, 35 feet in the R-2 District, 25 feet in the R-3 District and 15 feet in every other residential zoning district.
[4]
Barriers to entry. Swimming pools shall have barriers to entry as required by the Edgmont Township Building Code.
[5]
Cross-connection. All swimming pool water supplies shall be protected by cross-connection controls in accordance with industry standards and approved by the Township.
[6]
Water supply. If the water is supplied from a public water supply system, the inlet shall be above the overflow level.
[7]
Drainage. No swimming pool shall drain onto public streets or interfere with the water supply system.
(c)
Tennis and sport courts. Tennis and other outdoor playing courts/areas are intended to be solely for the enjoyment of the occupants of the principal permitted use of the property on which they are located, and their guests, and shall comply with the following:
[1]
Permit. A permit shall be required to locate and construct a tennis or other outdoor playing court/area.
[2]
Location. Tennis and other outdoor playing courts/areas shall meet the location requirements of this article.
[3]
Setbacks. Tennis and other outdoor playing courts/areas shall be no closer to a property line than 40 feet in the R-1 District, 35 feet in the R-2 District, 25 feet in the R-3 District and 15 feet in every other residential zoning district.
[4]
Fence. A tennis or other outdoor playing court/area may be enclosed by a fence which shall not exceed 12 feet in height.
(d)
Accessory suites. The intent of this section is to recognize that certain uses, such as guest quarters, in-law suites and employee housing, are legitimate accessory uses but that they must be regulated in order to keep them from becoming commercial enterprises or second dwelling units on a property zoned for and used as a single-family detached dwelling. Accessory suites shall comply with the following:
[1]
Approval. A conditional use application shall be made to the Board of Supervisors, and the use shall be approved before an accessory suite can be established.
[2]
Requirements. Requirements to be demonstrated by applicant, in addition to those of Article XXXII.
[a]
Attached structure. An accessory suite shall be attached to or contained in the primary single-family detached dwelling.
[i]
Exception. An accessory suite located on a lot of 10 acres or more may be in a detached structure as allowed by the Board of Supervisors.
[b]
Street address. There shall be a single street address for the primary dwelling and the accessory suite.
[c]
Utilities. The primary dwelling and the accessory suite shall share the same utilities and to the extent possible share the same meter, including, without limitation, water, sewer, electric, cable and the like.
[d]
Exterior entrance. Except for detached accessory suites, access to the accessory suite shall be located within the dwelling unit.
[e]
Interior access. In the case of an accessory suite located within the principal dwelling, interior access shall be maintained to all parts of the dwelling to assure that no additional, separate or independent dwelling units are created or maintained.
[f]
Sewage facilities. The applicant shall demonstrate the adequacy of the septic facilities serving the dwelling and accessory suite.
[g]
Parking. One off-street parking space shall be provided, in addition to the underlying requirements of Article XX. The applicant shall demonstrate compliance with off-street parking requirements.
[h]
Limitations. Such suites shall be intended and suitable for, and exclusively used by, employees of the owner of the principal dwelling, guests or relatives by blood, marriage or adoption. In no event shall any property containing accessory suites be used as, converted to, advertised or conveyed as more than one independent dwelling unit, nor shall any accessory suite become a separate rental unit.
[i]
Code compliance. Dwellings with accessory suites shall comply with the Edgmont Township Building Code, as amended from time to time.
[j]
Certificate of occupancy. Before a certificate of occupancy is issued, the Township shall require a written confirmation of compliance and acknowledgment of the provisions of this section to be recorded in the Office of the Recorder of Deeds in Delaware County, Pennsylvania, with evidence thereof provided to the Township.
[k]
Private restrictions. None of the provisions of this section shall operate to supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community, prohibiting or otherwise limiting such accessory suites.
(e)
Bed-and-breakfast inns. Bed-and-breakfast inns shall comply with the following:
[1]
Approval. An application shall be made to the Zoning Hearing Board and a special exception shall be granted before a bed-and-breakfast inn may be operated in the Township.
[2]
Requirements. The applicant shall demonstrate compliance with Article XX and the following in the application for a special exception:
[a]
Location. A bed-and-breakfast inn shall be an accessory use to a single-family detached dwelling located in a residential zoning district and shall be within a building shown on the Edgmont Township Historic Resource Map.
[b]
Lot size. The minimum lot size for establishing a bed-and-breakfast inn shall be one acre for the first two guest rooms, plus an additional 1/4 acre for the additional guest room.
[c]
Number of rooms. There shall be no more than three guest rooms accommodating a maximum of six guests in any single evening.
[i]
Duration of stay. No guest shall be registered for more than seven consecutive nights, or 26 cumulative nights during a six-month time period.
[ii]
Visitor log. A log shall be kept of all guests occupying rooms during each calendar year. Such records shall be available to the Township for inspection and shall be retained for two years.
[d]
Number of bathrooms. Every bed-and-breakfast shall provide a minimum of one guest bathroom if there is a total of one or two guest rooms and a minimum of two guest bathrooms if there are three guest rooms.
[e]
Residence. The applicant shall own and reside within the residence proposed for the bed-and-breakfast use.
[i]
Owner on premises. No guests shall be accommodated on evenings when the owner is not present on the premises.
[f]
Septic certification. The applicant shall provide certification that the existing sewage system can accommodate the maximum usage proposed by the bed-and-breakfast. If the proposed use is served by a public sewer system, the applicant shall submit documentation from the servicing authority that the proposed use can be served.
[g]
Water potability. A report of well water potability from a licensed testing laboratory shall be provided. The report shall be dated within 60 days of the date of application.
[h]
Room diagram. The applicant shall show, by use of a plan of the existing residence, the location of the room(s) to be used, including the location of the bath facilities and means of egress including egress windows.
[i]
Parking. In addition to the requirements of Article XX for a single-family detached dwelling and a bed-and-breakfast, one space shall be provided for each employee. All parking shall be off street.
[j]
Employees. There shall be no more than two nonresident employees in addition to the resident family members.
[k]
Meals. There shall be no cooking facilities provided in any guest quarters. Food served to guests on the premises shall be limited to breakfast and afternoon tea. The food shall be prepared under the direction of the owner/licensee.
[3]
License. Upon proof of compliance with the requirements of this section and any conditions of the Zoning Hearing Board decision, a bed-and-breakfast license shall be issued by the Township. The license shall be valid for one year from the date of issuance.
[a]
Renewal. The bed-and-breakfast license shall be renewed on a yearly basis on an application form provided by the Township. The fee shall be set by resolution by the Board of Supervisors. If a license has not been renewed within a period of six months following its expiration, the use shall be considered abandoned, and shall not be reactivated unless approved by the Zoning Hearing Board by special exception pursuant to the provisions of this article.
[b]
Inspection. The owner shall consent to periodic inspections by the Township. These inspections will be scheduled at least once a year, prior to the renewal of the license.
[c]
License transfer. Any license for the operation of a bed-and-breakfast may be transferred upon change of ownership of the property. A new license will be issued upon completion of a satisfactory inspection.
[d]
Compliance. In the event that the licensee fails to comply with the terms of the license, the Township reserves the right to suspend or revoke the license and/or any certificate of use and occupancy.
(f)
No-impact home-based businesses. A no-impact home-based business shall comply with the following:
[1]
Approval. The Board of Supervisors shall approve the use before a no-impact home-based business can be established.
[a]
Duration of permit. A no-impact home-based business permit shall be valid for one year from the date of issuance. A permit renewal request does not require additional Board approval.
[2]
Requirements. The applicant shall demonstrate compliance with the following in their application to the Board of Supervisors:
[a]
Compatibility. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
[b]
Employees. The business shall employ no employees other than family members residing in the dwelling.
[c]
Retail display, sales, and inventory. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
[d]
Exterior appearances. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
[e]
Peace and good order. The business activity shall 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]
Waste generation. The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
[g]
Size. The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area.
[h]
Legal activity. The business shall not involve any illegal activity.
[3]
Private restrictions. None of the provisions of this section shall operate to supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community prohibiting or otherwise limiting such home-based business use or activity.
D.
Agriculture.
(1)
General regulations. The following requirements shall govern agricultural uses and accessory uses in addition to any other regulations set forth in this chapter.
(a)
Lot size. Except as otherwise expressly permitted in this section, a minimum of four gross acres is required to conduct an agricultural use and to keep any livestock animals.
(b)
Inspection. The premises shall be subject to inspection by the Zoning Officer at any reasonable hour of the day.
(c)
Equipment storage. Agricultural use equipment not actively engaged in agricultural use shall be stored in or adjacent to an agricultural use structure. Licensed and registered vehicles may be kept on a driveway located in the front yard.
(2)
Permanent accessory structures and uses. The following permanent structures and uses are permitted on properties that are agriculturally zoned or in lawful agricultural use and shall comply with this article and the following requirements:
(a)
[1]
Approval. A conditional use application shall be made to the Board of Supervisors and the use shall be approved before an agritainment/agritourism use can be established.
[2]
Permit. The property owner shall obtain a use and occupancy permit in accordance with Article XXXII.
[3]
Parking. Adequate parking and provisions for safe ingress and egress shall be provided, in accordance with the applicable provisions of Article XX.
[4]
Tire scrubbers. Tire scrubbers shall be installed and maintained at the entrance as directed by the Township.
(b)
Sale of agricultural use products. The sale of agricultural use products on the property shall be subject to the following:
[1]
Production. At least 50% of the product offered for sale shall be produced on the property.
[2]
Parking. Adequate parking and provisions for safe ingress and egress shall be provided in accordance with applicable provisions of Article XX.
[3]
Best management practices. No dirt or mud shall be tracked into the street.
[5]
Roadside stand. A roadside stand shall not exceed 12 feet in height and 600 square feet, measured from the edge of the roofline, whether enclosed or not.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[a]
Permit. A zoning permit is required to place a roadside stand.
(c)
Keeping of livestock and poultry. In addition to the other requirements of this article, the following regulations shall govern the keeping of livestock and poultry animals on properties that are agriculturally zoned or in lawful agricultural use:
[1]
Number. The total number of livestock and poultry animals permitted on any lot shall be computed according to the acreage of pasture provided and the number of acres required per animal. Animals not referenced in the table below shall be judged according to the requirements for animals of a similar type:
Type of Animal | Acres of Pasture per Animal | Square Feet per Animal |
|---|---|---|
Horse | 1.0 | 43,560 |
Cattle | 1.0 | 43,560 |
Sheep | 0.11 | 4,667 |
Poultry | 0.0009 | 40 |
[2]
Exceptions.
[a]
Swine. The keeping of swine shall be prohibited in the Township.
[b]
Chickens.
[i]
In the R-1 Rural Residential/Agricultural District, the R-2 Rural Residential District and the R-3 Suburban Residential District, on lots of two acres or more, a maximum of six mature hens may be kept in accordance with the provisions of this article and Article XXIII.
[ii]
Keeping of Chickens in the R-4 Suburban Residential District and R-5 Retirement Residential District and PRD Planned Residential Development District is prohibited.
[3]
Health and safety.
[a]
Safety hazard and odors. Livestock and poultry shall be maintained in accordance with applicable regulations and best management practices to prevent such livestock and/or poultry and the kind and character of the attendant odors from becoming a nuisance or posing a threat to public health and/or safety or violating federal, state or local laws.
[b]
Manure storage and management. No manure storage shall be established closer than 100 feet to any property line and no closer than 100 feet to any well, spring, sinkhole, or on slopes adjacent to any pond, lake, or stream. In addition, manure shall only be stored and managed in accordance with applicable federal, state and local regulations and best management practices and shall not pose a threat to public health and/or safety or violate federal, state or local laws.
[c]
Overgrazing. Livestock shall be rotated from pasture to pasture to prevent overgrazing. In no event shall the surface of the pasture be in such a condition to cause soil erosion or polluted runoff or to allow sedimentation to enter waters of the commonwealth.
[4]
Containment. Livestock and poultry shall not be permitted to roam or stray beyond any property line.
[a]
Shelters for the keeping of livestock and poultry shall be required in accordance with the following:
[i]
Location. No structure used for the shelter or housing of livestock or poultry shall be established closer than 100 feet to any property line and no closer than 100 feet to any well, spring, sinkhole, or on slopes adjacent to any pond, lake, or stream.
[ii]
Sanitation. A shelter area of a size sufficient for good sanitation practices and adequate and sanitary drainage shall be provided.
[iii]
Size. A livestock shelter shall have a roof and at least three enclosed sides. A poultry shelter shall have a roof and be fully enclosed on all sides. Shelters shall have the minimum square footage shown in the table below. Animals not referenced in the table shall be judged according to the requirements for animals of a similar type:
Type of Animal | Shelter/Stable Size for Each Animal (square feet) |
|---|---|
Horse | 120 |
Cattle | 80 |
Sheep | 20 |
Poultry | 3 |
[b]
Fencing requirements.
[i]
Location. A fenced area shall be provided around any pasture and shelter. The fence shall be located no closer than 50 feet to waters of the commonwealth.
[ii]
Animal containment. Every landowner shall utilize fencing or other livestock/poultry containment methods for the containment of animals in accordance with the United States Department of Agriculture Natural Resource Conservation Service standards to ensure the containment of the livestock/poultry on the subject property.
[iii]
Setbacks. No livestock or poultry shall be kept within 10 feet of any property line or street right-of-way. A twenty-foot setback shall be maintained adjacent to any PRD Zoning District.
E.
Commercial and light industrial.
(1)
Temporary structures and uses. The following temporary structures and uses are permitted on properties zoned for nonresidential use or in lawful nonresidential use and shall comply with this article.
(a)
Seasonal sales. The sale of seasonal items, such as Christmas trees, Easter flowers, pumpkins, or the like, shall be subject to the following:
[1]
Permit. The property owner shall obtain a zoning permit in accordance with Article XXXII. A peddling permit may also be required.
[2]
Parking. Adequate off-street parking and provisions for safe ingress and egress shall be provided.
[3]
Best management practices. No dirt or mud shall be tracked into the street.
[4]
Highway occupancy permit. No new means of ingress and egress shall be created without first obtaining a highway occupancy permit.
[6]
Removal and cleanup. All excess products and unsold merchandise and items related to the sale of seasonal items shall be cleaned up and removed from public view within seven days of the end of the sale.
(b)
Special events.
[1]
Permit. An application for a permit shall be submitted to the Township and approved by the Board of Supervisors in order to conduct a special event.
[a]
The permit application shall be on a form provided by the Township and shall be submitted with all required information and documentation, including a permit fee in accordance with a schedule of fees adopted by the Board of Supervisors from time to time, at least 30 days prior to the scheduled date of the special event.
[b]
An application submitted by other than the property owner shall also provide, at the time of application, written permission from the property owner or other person(s) or party(ies) legally responsible for the property or area where the special event is to be conducted.
[c]
The permittee shall, in addition to any other conditions placed on a permit, also be subject to such rules and regulations of the Township, as may be promulgated by the Board of Supervisors from time to time by resolution.
[2]
Accessory use. The special event shall be an accessory use to the principal use conducted on the property or in the nonresidential district wherein the special event is proposed. It is not the purpose or intent of this subsection to create or provide opportunities for uses or activities in nonresidential zoning districts which generally would not be permitted to be conducted in a nonresidential zoning district as an accessory use.
[3]
Location. A special event shall be permitted to be conducted only on the parcel containing the principal use.
[4]
Safety. Safe vehicular and pedestrian egress and ingress to the special event shall be provided and maintained at all times during the special event which shall include, at a minimum, adequate provisions to allow residents, customers, patrons, and visitors to enjoy uninterrupted circulation to and from a special event. In addition, emergency equipment shall be enabled to enter and exit safely for the duration of the special event.
[5]
Containment. A special event shall be contained through the use of temporary fencing, portable planters, or other boundary structure approved by the Township.
[6]
Duration. A special event may be held up to four times per year at any particular property or location. No special event shall last for more than six days at a time. The special event may commence at 7:00 a.m. and shall end by 11:00 p.m., provided that amplified sound shall not be used prior to 9:00 a.m. nor after 9:00 p.m.
[7]
Sanitation. A special event shall include access to restrooms, portable toilets, or other accessible sanitation facilities.
[8]
Cleanup. All items used for the special event shall be removed within 24 hours of the end of the special event. The property shall be kept reasonably clean at all times during the event.
[2]
Editor's Note: This ordinance also repealed original Sec. 1903.E.1.b., c., and d., pertaining to sidewalk sales, outdoor flea markets, and carnivals, respectively.
(c)
Construction trailers. Construction trailers shall be permitted in accordance with Article XXII.
(d)
Tents.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Permit. A zoning permit shall be required for the erection of a tent.
[a]
The permit application shall contain a detailed site and floor plan indicating means of egress, seating capacity, arrangement of seating and location and type of heating and electrical equipment. Additional information may be required.
[b]
A certificate of flame resistance shall be submitted as well.
[2]
Duration. A tent may be erected for no more than 180 days in any twelve-month period on a single premise. The days need not be consecutive.
[3]
Inspections. A tent over 600 square feet and having two or more sides shall be inspected by the Code Official for life safety issues, including, but not limited to: egress, emergency lights and signs, fire extinguishers, electrical cords and extension cords, and heat sources.
[a]
Any tent having one or more sides, regardless of size, that is erected and covers or encloses any means of egress from an existing building shall conform to the applicable provisions of the Edgmont Township Building Code and shall be subject to inspection from time to time by the Township.
(2)
Permanent accessory structures and uses. The following permanent accessory structures and uses are only permitted on properties zoned for nonresidential use or in lawful nonresidential use and shall comply with this article and the following requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Public or semipublic swimming pools. Nonresidential swimming pools, including those constructed for community use, shall be in accordance with prevailing commonwealth regulations and the Edgmont Township Building Code.
(b)
Accessory outdoor storage.
[1]
Prohibition. Nonresidential uses shall provide for all storage within the principal building or structure.
[a]
Exception. In the LI Light Industrial Zoning District, outdoor storage shall be allowed, but only in the rear yard, subject to the requirements of this section.
[2]
Space and location limitations.
[a]
Except as may be provided elsewhere in this chapter to the contrary, outside storage areas shall not occupy more than 800 square feet of any lot.
[b]
Outside storage areas shall not interfere with vehicular traffic and shall not be located in any required drive aisles, parking areas, or within 20 feet of any side or rear property line.
(c)
Accessory outdoor display. Retail consumer items only may be displayed outdoors subject to the following:
[1]
Space limitations. Except as provided elsewhere in this chapter to the contrary, outside display areas shall not occupy more than 800 square feet of any lot.
[2]
Location. Outdoor display areas shall not interfere with pedestrian or vehicular traffic and shall not be in any required drive aisles, parking areas or within 20 feet of any property line.
§ 365-154 Nonconformities.
A.
Continuation. All structures, uses of structures and uses of land that were lawful at the time established but do not conform to the regulations of the zoning district in which they are located after the effective date of this chapter shall be regarded as lawfully nonconforming and may continue, subject to the following regulations.
B.
Alteration, enlargement or reconstruction.
(1)
Lawful nonconforming structures. Lawful nonconforming structures may be altered, reconstructed or enlarged, provided that:
(a)
Special exception. Except for the reconstruction of a nonconforming structure which is done to the exact dimensions of the original nonconforming structure as set forth in this section, all alteration, reconstruction, expansion or enlargement of nonconforming structures shall be by special exception in accordance with the provisions of Article XXXIII.
(b)
Limitation on expansion. Such alteration, reconstruction, expansion, or enlargement does not increase the size of the overall nonconforming structure more than an aggregate total of 50% of the interior ground floor area of the nonconforming structure for the life of the nonconforming structure. By way of example and not limitation, if the interior ground floor area of the nonconforming structure is 1,000 square feet, the alteration, reconstruction or enlargement of the nonconforming structure is limited to an additional 500 square feet over the life of the nonconforming structure. The same limitations shall apply with respect to any increase in interior volume of nonconforming structures.
(c)
Exacerbation of nonconformity. Except as permitted in this section, the condition(s) which make the structure nonconforming shall not be expanded or enlarged so as to exacerbate the area or volume of the nonconforming condition or result in a new nonconforming condition.
(2)
Lawful nonconforming lots. A structure may be constructed on any lot which was lawful when created and which, prior to the effective date of this chapter, was held in single and separate ownership, duly recorded by plan or deed, and provided that the other requirements of this chapter are observed.
(3)
Lawful nonconforming uses. Lawful nonconforming uses shall not be altered, extended or enlarged, except in accordance with the following:
(a)
Special exception. Such alteration, extension or enlargement shall be permitted only by special exception under the provisions of Article XXXIII.
(b)
Single lot. Such alteration, extension or enlargement shall be on the same lot as in existence at the date the use became nonconforming.
(c)
Increase in nonconforming use. Any increase in the area of a nonconforming use shall not exceed, in the aggregate, more than 50% of the area or volume dedicated to the nonconforming use during the life of the nonconforming use.
C.
Reconstruction. A nonconforming structure or any structure containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed on or within the same footprint of the prior nonconforming structure and used for the same nonconforming use, provided that:
(1)
The applicant demonstrates that the location of the structure cannot be made conforming.
(2)
That reconstruction of the structure shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption or else the nonconforming structure or use shall be deemed to be abandoned.
D.
Ownership. Whenever a lot is sold to a new owner, a previously lawful nonconforming use or condition may be continued by the new owner.
E.
Abandonment. If a nonconforming use of a structure or land is discontinued for a period of 12 consecutive months, the nonconforming use shall be presumed to have been abandoned, and the subsequent use of such structure or land shall conform with all of the regulations of the zoning district in which it is located and all of the parking regulations.
F.
Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a similar use only if permitted as a special exception and subject to the following conditions:
(1)
Conversion. The applicant shall show that a nonconforming use cannot reasonably be changed to a conforming use.
(2)
Compatibility. The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use, or will be more appropriate than the existing nonconforming use with regard to:
G.
Expiration of approval. Whenever an applicant receives special exception approval under the terms of this section, such approval shall be implemented, or affirmative action taken in furtherance thereof, within 12 months of the date of the approval, or the approval shall be rendered abandoned by the applicant and shall become void and of no further force or effect.
§ 365-155 Environmental impact assessment report.
Report required. In order to more effectively evaluate the environmental impact of subdivision and land development and/or other similar development proposals, or as otherwise required in this chapter, an applicant shall be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact assessment (EIA) report. The EIA report shall be in accordance with the requirements of Chapter 305, Subdivision and Land Development.
§ 365-155.1 West Chester Pike streetscape enhancement general manual of written and graphic design standards.
[Added 10-11-2022 by Ord. No. 248]
For all new development and/or redevelopment of properties with frontage along the West Chester Pike corridor in the R-3A, C-2, C-3, and LI Districts, the following shall be required in order to implement the enhancements in accordance with Attachment 7, Appendix A, subject to the provisions of Articles VII, XIII, XIV, and XVI: