Eldred Township City Zoning Code
ARTICLE V
Supplementary Lot Regulations
§ 250-500 Purpose.
The provisions of this article represent standards and regulations that shall be applied to all uses in addition to those established for the applicable zoning district. These regulations are to be used either in common within all zoning districts or are to be applied to specific situations as may be otherwise stated throughout this chapter.
§ 250-501 General lot requirements.
A.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
B.
No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or open space similarly required for any other building or use, except as may be specifically provided otherwise. (See also § 250-504A.)
C.
Every principal building hereinafter erected shall be located on a lot as defined. There shall not be more than one principal residential building and its accessory structures on one lot, except in the case of single-family attached or multifamily housing developments, mobile home parks, or other land developments approved pursuant to the requirements of Chapter 200, Subdivision and Land Development, of the Code of Eldred Township.
D.
The width of any lot shall be measured at the minimum building setback line as required for that district. Lots located on cul-de-sac turnarounds or curves in the road or lots of unusual shape may have lot widths of less than those required provided that the average of the front and rear lot line is equal to or greater than the required lot width. In no case however, shall the front lot line have a width of less than 50 feet measured at the road right-of-way.
E.
No portion of a lot included in a street right-of-way shall be included in calculating the lot's area.
§ 250-502 Yard requirements.
A.
Projections.
(1)
Chimneys, flues, cornices, eaves, gutters, steps, bay windows or similar architectural features may project into any required yard, but not more than 24 inches. In no case however, shall the projection be closer than five feet to any property line.
(2)
Porches, decks and attached carports, whether enclosed or unenclosed, shall be considered part of the main building and shall not project into any required yard.
B.
Front yards.
(1)
Front yard setbacks shall be as set forth in the district regulations and shall be measured from the edge of the adjoining road right-of-way. Where however, a lot has no road frontage or in the case of a flag lot, the front yard requirements shall be equal to either the front yard setback specified in the applicable district or 35 feet, whichever is greater. In the case of a lot with no road frontage, the front yard requirement shall be measured from the edge of the front property line, and in the case of a flag lot, the front yard requirement shall be measured from the edge of the longest lot line opposite the rear lot line.
(2)
Buildings proposed within existing developed areas of the Village Center District may be set back at the same depth as existing or adjoining buildings in order to maintain the character of the Township's existing Village.
(3)
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard, the front yard of such unimproved lot may be the same depth as the average of the two adjacent improved lots.
(4)
Where an addition is proposed for an existing principal residential building which extends into the required front yard, the addition may be authorized by the Zoning Officer so long as the addition extends no further into the required front yard than the existing structure and does not obstruct the clear sight triangle of an intersection. (See also § 250-504E.)
C.
Side yards.
(1)
Side yards shall be measured from the property line or from the edge of the right-of-way of any adjoining street or alley.
(2)
On a corner lot, the side yard abutting the street shall have a depth equal to the required front yard for the district in which the lot lies. The remaining two yards shall constitute a side yard and a rear yard.
(3)
Where an addition is proposed for an existing, principal building which extends into a required side yard, the addition may be authorized by the Zoning Officer so long as the addition extends no further into the required side yard than the existing structure; does not obstruct the clear sight triangle of an intersection; nor is located closer than five feet to any property line.
(5)
Off-street parking and/or loading areas may be located within or may project into required side yards a distance of 1/2 the required side yard dimension.
D.
Rear yards.
(1)
Rear yards shall be measured from the property line or from the edge of the right-of-way of any adjoining street or alley.
(2)
Where an addition is proposed for an existing, principal building which extends into a required rear yard, the addition may be authorized by the Zoning Officer so long as the addition extends no further into the required rear yard than the existing structure; does not obstruct the clear sight triangle of an intersection; nor is located closer than five feet to any property line.
(4)
Off-street parking and/or loading areas may be located within or may project into required rear yards a distance of one-half the required rear yard dimension.
§ 250-503 Height regulations.
A.
The maximum height regulations set forth in the district regulation (Article III) shall not apply to spires, belfries, cupolas, chimneys, ventilators, skylights, flag poles, utility poles, solar collectors or related equipment, and ornamental or other necessary mechanical appurtenances normally associated with homes, churches and similar establishments. Such appurtenances shall however be erected only to such height as necessary to accomplish their intended purpose and shall not be used for human occupancy.
B.
Agricultural or industrial structures, such as barns, silos, grain elevators, storage tanks or similar types of structures generally erected to heights exceeding the maximum height limits established in the district regulations (Article III) for the zones where they may be located, may also exceed the designated maximum height limits, provided such appurtenances shall be erected only to such height as is necessary to accomplish their intended purpose, and in the case of industrial structures, are set back a distance equal to their height from all property lines.
C.
Communications antennas and towers may also exceed the maximum height regulations contained in the district regulations, provided they meet all height and setback requirements set forth in § 250-425 of this chapter.
D.
Notwithstanding the exceptions outlined above, the location and height of all structures shall be in accordance with all applicable rules, regulations, standards and criteria of the U.S. Department of Transportation, Federal Aviation Administration.
§ 250-504 Miscellaneous provisions.
A.
Two or more principal uses in the same building. When two or more principal uses occupy the same building (not including home occupations as defined in § 250-427), sufficient off-street parking spaces, lot area, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or authorized as part of a land development approved pursuant to the requirements of Chapter 200, Subdivision and Land Development, of the Code of Eldred Township.
B.
Spacing of nonresidential buildings. When two or more principal buildings intended for nonresidential use are proposed to be situated on one lot, front, side and rear yards shall be required only at the lot lines abutting streets or other properties.
C.
Accessory buildings or structures. An accessory building(s) or structure(s) may be maintained in conjunction with any permitted principal use provided that the following standards are met:
(1)
Accessory buildings or structures shall be set back in accordance with the yard requirements established in District Regulations, Article III.
(2)
In the Rural Residential District, no accessory storage or utility building shall be located in front of its principal structure.
(3)
No manufactured housing, mobile home units, buses, or truck trailers may be used as accessory buildings or structures, except that temporary storage trailers may be permitted in the Agricultural or Conservation Districts in conjunction with an agricultural use. No such units may however be placed in an identified floodplain area.
(4)
The height of all accessory buildings or structures shall be as set forth the district regulations, except as may be specifically provided otherwise.
D.
E.
Clear sight triangle requirements. No fence, wall, sign or other structure shall be erected or altered and no hedge, shrub, tree, or other planting shall be maintained which may cause danger to traffic on a street or road by obscuring a driver's view at a street or driveway intersection. In particular, no obstruction or planting measuring higher than 30 inches or hanging lower than eight feet above the established grade of the street at the property line shall be permitted within the clear sight triangle of any intersection. A "clear sight triangle" shall be defined as that area of unobstructed vision at a street intersection formed by lines of sight between points at a given distance from the intersection of the street center lines. These distances shall be as follows:
(1)
For the intersection of two local streets or a local street and a driveway, the distance from the intersection of the street center lines shall be 50 feet.
(2)
For the intersection of a local street and a collector street, the distance from the center line intersection shall be 75 feet.
(3)
For the intersection of two collector streets, the distance required shall be 100 feet.
F.
Maximum building coverage. The percentage of land covered by principal and accessory buildings or structures on each lot shall not be greater than is permitted in District Regulations, Article III, for the district in which the lot is located.
G.
Erosion and sedimentation control. All erosion and sedimentation control requirements set forth in Chapter 200, Subdivision and Land Development, or DEP, Title 25, Chapter 102, Erosion Control, shall be met to the satisfaction of the Township Zoning Officer before the issuance of a zoning permit.
H.
Drainage and stormwater management. All drainage and/or stormwater management standards set forth in Chapter 200, Subdivision and Land Development, and Act 1978-167, the PA Storm Water Management Act,[1] shall be met to the satisfaction of the Township Zoning Officer before the issuance of a zoning permit. As per the requirements of Act 167, the post-development run-off rate of the site shall not exceed the tract's predevelopment runoff rate.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
§ 250-505 Bufferyards.
A.
Where a nonresidential use (commenced after the effective date of this chapter) abuts a residential district or residential use, a bufferyard of at least 25 feet in width shall be required, unless provided otherwise in Article III, the district regulations or the supplementary use regulations. Such bufferyard shall be a part of the nonresidential installation and shall be maintained by that property owner.
B.
Bufferyards required for residential uses shall be not less than 15 feet in width, unless provided otherwise in Article IV, Supplementary Use Regulations, of this chapter.
C.
All required bufferyards shall be planted and maintained with vegetative material, such as grass, sod, shrubs, or other evergreens. Where required within bufferyards or in place of bufferyards, screening shall be accomplished in accordance with § 250-506 below.
D.
A bufferyard may be considered as part of the required yard space; however, no storage of materials, buildings, or parking of cars shall be permitted in the bufferyard.
§ 250-506 Screening.
Where required, screening may be accomplished through the use of any one or a combination of the following methods.
A.
Screen plantings.
(1)
Screen planting shall be provided as set forth in the Supplementary Use Regulations, Article IV, or where determined necessary by the Township Zoning Hearing Board to serve as a barrier to visibility, glare, and/or noise between adjacent properties.
(2)
Plant or vegetative materials, including shrubs or evergreens, used in screen plantings shall provide, at planting, a visual screen six feet in height, and shall be of such density as is necessary to achieve the intended purpose.
(3)
Screen planting shall be maintained permanently by the lot owner, and any plant material which does not live shall be replaced within one year.
(4)
Screen planting shall be placed so that, at maturity, it will be no closer than three feet to any street or property line.
B.
Fences or walls.
(1)
In lieu of, or in addition to, screen planting as set forth above, the Township Zoning Hearing Board may consider the use of a fence or wall as an acceptable barrier to potentially objectionable noise, glare or visibility between two adjacent properties.
(2)
Fences or walls used to provide screening shall be at least six feet in height and be of such type as will achieve the desired purpose.
(3)
Fences or walls use to provide required screening shall meet the requirements set forth in § 250-504D of this chapter.
(4)
Any fence or wall used to provide required screening shall be maintained in structurally sound condition by the lot owner.