Fairview Township City Zoning Code
ARTICLE VII
General Regulations
§ 300-28 Application.
Unless otherwise specified elsewhere in this chapter, the regulations contained in this Article VII of this chapter shall apply to all uses within Fairview Township.
§ 300-29 Accessory alternative energy systems.
A.
In all zoning districts, accessory solar energy systems are permitted subject to the following criteria:
(1)
The design and installation of solar energy systems shall conform to Chapter 113 relating to code enforcement, Uniform Construction Code, and with all other applicable Township electrical, fire, life safety, and other similar standards.
(2)
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer's specifications shall be submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure solar access without reliance on or interference from adjacent properties.
(4)
All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines that are part of the solar energy system shall be placed underground.
(6)
All solar energy systems shall be inconspicuously sited when viewed from adjacent street rights-of-way.
(7)
All solar energy systems shall be sited so that tree removal is not required. If any trees are to be removed, the applicant shall submit a plan demonstrating the need to remove trees and a plan for the replacement of the trees.
(8)
Roof- and wall-mounted solar energy systems shall be sited in accordance with the following:
(a)
Solar energy systems located on the roof of any structure shall not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure shall not extend vertically above the highest point (peak) of the pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure shall be the same slope as, or parallel to the pitched roof.
(d)
Solar energy systems located on a flat roof shall not exceed 15 feet in height above the height of the roof. In all zoning districts, such facilities shall be screened by parapets, walls, fences, or other approved means as viewed from the lot line, except for the IB and/or AB Zoning Districts.
(e)
All solar energy systems mounted on roofs and walls of any structure shall be subject to the maximum height regulations specified within the applicable zoning district.
(f)
No solar energy system shall be attached to, or sited along the front facade (wall) or front building line of any principal building.
(g)
Solar energy systems located on a wall of any principal structure shall not extend more than two feet into any required setback.
(9)
If the solar energy system is unable to be located on a roof or a wall of a structure as is preferred, then placement of freestanding, ground-mounted solar energy systems shall be provided in accordance with the following:
(a)
In addition to any yard and setback requirements set forth in this section all freestanding, ground-mounted solar energy systems shall comply with all yard and setback requirements for accessory structures in the applicable zoning district.
(b)
All freestanding, ground-mounted solar energy systems shall be set back from all property lines and street rights-of-way a distance equal to the total height of the solar energy system.
(c)
Freestanding, ground-mounted solar energy systems shall not exceed 15 feet in height.
(d)
For purposes of determining the maximum surface area of all freestanding, ground-mounted solar energy systems, the maximum surface area shall be considered the total surface area of the cumulative solar panels; where two or more panels are grouped together, the total dimensions (length and width) of each panel, array, cell, etc. shall be the cumulative dimension of the panels. The maximum surface area of all freestanding, ground-mounted solar energy systems on any lot in:
(10)
All applications for solar energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A completed glare study ensuring that reflective glare is not directed towards nor upon any adjacent properties or adjacent street rights-of-way. The glare study shall include:
[1]
Angle of the solar energy system panels at the location;
[2]
A diagram showing the maximum and minimum angles of reflective glare from the solar energy system panels at the location and the relationship of that glare to adjacent properties, structures and rights-of-way; and
[3]
Mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.
(b)
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system, and applicable requirements of Chapter 113 relating to code enforcement, Uniform Construction Code; and
(c)
Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(11)
Prior to the issuance of a permit for the installation of a solar energy system, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
B.
In all zoning districts, accessory wind energy systems are permitted subject to the following criteria:
(1)
The design and installation of wind energy systems shall be in strict accordance with Chapter 113 relating to code enforcement, Uniform Construction Code, and with all other applicable Township electrical, fire, life safety, and other similar standards.
(2)
The design and installation of all wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electotechnical Commission, or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. The manufacturer's specifications shall be submitted as part of the application.
(3)
All on-site utility and transmission lines as part of the wind energy system shall be placed underground.
(4)
All wind turbines shall have a flat finish and nonobtrusive colors such as white, off-white, or gray as applied by the manufacturer in order to reduce the visual impact.
(5)
All wind turbine towers shall be painted silver or have a galvanized finish retained in order to reduce the visual impact. Towers may be painted green or brown up the height of nearby trees.
(6)
All wind energy systems shall be equipped with manual—electronic or mechanical—and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy system.
(7)
Wind energy systems shall not be installed in any location where they would interfere with existing fixed broadcast, retransmission, or reception antenna. This includes interference with residential radio, television, or wireless phone, or other personal communication system reception. No wind energy system shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.
(8)
All wind energy systems shall be sited to prevent shadow flicker on any adjacent properties as well as any adjacent street rights-of-way.
(9)
Noise from wind turbines shall comply with Article VII of this chapter relating to performance standards for all uses. The maximum decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.
(10)
In addition to any yard and setback requirements set forth in this section, all wind energy system shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
(11)
Wind turbines shall be set back a distance equal to the total height of the wind turbine from all property lines, streets and other rights-of-way, and overhead utility lines.
(12)
The maximum height of wind energy systems shall comply with the following:
(a)
For all roof-mounted wind turbines, the height of the wind turbine shall not exceed the height of the existing building by more than 15 feet.
(b)
For lots less than 1/2 acre in area, wind turbines shall be roof-mounted. The maximum rotor diameter for wind turbines shall be six feet.
(c)
For lots between 1/2 acre but less than one acre, the wind turbines may be sited on wind turbine towers, the turbine height shall be limited to 75 feet, or 20 feet above the tree line, whichever is lower.
(d)
For lots greater than or equal to one acre, wind turbines may be sited on wind turbine towers, the turbine height shall be limited to 120 feet or 40 feet above tree line, whichever is lower.
(e)
The maximum height of any wind turbine in the RL, VB, CB, IB, and/or AB Zoning Districts, regardless of lot area, shall be 140 feet.
(13)
For all wind energy systems not otherwise mounted on a roof, unauthorized access to the turbine and tower shall be prevented by design, with a minimum of 12 feet from the ground to the bottom of the ladder. All doors to the turbine and tower shall be locked.
(14)
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix type" turbine or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
(15)
Wind energy systems shall not be lighted, except to comply with applicable Federal Aviation Administration (FAA) regulations.
(16)
No portion of any wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
(17)
Wind energy systems shall not display advertising, except for reasonable identification of the wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
(18)
When an accessory building or structure is necessary for storage cells or related mechanical equipment, the accessory building shall comply with the accessory building and structure requirements specified within the applicable zoning district.
(19)
All applications for wind energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A plot/site plan showing:
[1]
Property lines and physical dimensions of all areas of the subject property that are within a distance equal to two times the total height of the wind energy system.
[2]
Location, dimensions, and types of existing principal and accessory structures on the property.
[3]
Location of the proposed wind energy system tower, foundations, guy anchors, and associated equipment.
[4]
The rights-of-way of any public street abutting the property.
[5]
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer and model, rotor diameter, tower height, and tower type—freestanding or guyed.
(c)
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of Chapter 113 relating to code enforcement, Uniform Construction Code. A copy of the foundation analysis shall also be provided.
(20)
Prior to the issuance of a permit for the installation of a wind energy system, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
§ 300-30 Accessory buildings and similar structures.
In all zoning districts, accessory buildings and/or similar structures, including but not limited to detached garages, carports, barns, storage buildings, sheds, garden structures, etc., are permitted subject to the following criteria:
A.
Accessory buildings and similar structures shall not be erected, set, placed or otherwise permitted to be constructed upon a lot until the construction of the principal use has actually begun, except as provided elsewhere in this chapter.
B.
Accessory buildings and similar structures shall be located no closer than 10 feet to the closest point of any exterior wall of the principal building on the same lot; otherwise, they shall be attached to the principal building and shall be considered as part of that principal building.
C.
Accessory buildings and similar structures shall comply with the area and dimensional requirements of the applicable zoning district relating to accessory buildings and similar structures, except as otherwise provided for in this section:
(1)
For accessory buildings and similar structures located within the RS, RMU, VR, and/or VMU Zoning District on a lot with a single-family dwelling or a two-family dwelling use upon it:
(a)
No more than two accessory buildings or similar structures may be located on a lot.
(b)
The total building footprint of all accessory buildings or similar structures on a lot shall not exceed the building footprint of the principal building on the same lot.
(c)
Accessory buildings and similar structures that are less than 10 feet in height and have a building footprint of less than 100 square feet shall be set back at least two feet from any interior lot line, and five feet from any exterior lot line coinciding with a street or alley right-of-way.
(2)
For single-family semidetached and/or single-family attached dwellings, accessory buildings and similar structures which are designed to abut other accessory structures on abutting lots and may have the same side setback as the principal building at the shared lot line, provided that the owner of the abutting lot and building provides notarized, written consent.
D.
In addition to any yard and setback requirements set forth in this section, all accessory buildings and similar structures shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
§ 300-31 All uses shall show compliance with applicable code and licensing requirements.
In all zoning districts, all uses, as applicable, shall comply with Township building, health, housing, rental, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Township, or shall be a condition of approval.
§ 300-32 Appurtenant service equipment screening and location for nonresidential and other uses.
In all zoning districts, for uses other than single-family detached dwellings, single-family semidetached dwellings, and two-family dwellings, appurtenant service structures and areas such as solid waste, trash, and refuse containers; recycling containers; propane tanks; air-conditioning units (except window units) and condensers; generators; electrical transformers; and other similar apparent equipment or elements providing essential services to a building or a lot are permitted, subject to the following criteria:
A.
Appurtenant service equipment, structures, and areas for: solid waste, trash, and refuse containers; recycling containers; propane tanks; air-conditioning units (except window units) and condensers; generators; electrical transformers; and other similar apparent equipment or elements providing essential services to a building or lot shall not be located:
(1)
In the front yard between the principal building and the public street (excluding alleys) or within any required front setback in the RL, RS, RMU, VR, and/or VMU Zoning Districts;
(2)
In any required accessory use or structure setback (excluding those lot lines abutting any alley) or a required buffer yard;
(3)
In any area of a parking lot that causes obstructed access to designated parking spaces; nor
(4)
Within 10 feet of the RS and/or VR Zoning Districts or an abutting existing residential use in the RL, RMU, and/or VMU Zoning Districts.
B.
In addition to the following requirements, all service structures and areas shall be screened on all sides with a minimum of 100% opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.
(1)
Required screening shall enclose any service structure on all sides unless such structure shall be frequently moved, in which case screening on all but one side is required.
(2)
Fencing, if erected, shall be constructed of the same color and material as the principal building of a lot, but may be a decorative masonry wall (excluding exposed "cinder block"). If solid weather-resistant wood or material of similar appearance (such as white vinyl vertical planks) is used, vegetative screen planting shall also be provided. The fence or wall shall include a self-latching door or gate. In no case shall chain-link material or pattern fencing be used for screening.
(3)
The average height of the screening shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height unless specified otherwise by this chapter.
(4)
When a service structure is located adjacent to a building wall, perimeter landscaping material may fulfill the screening requirements for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set forth in this section.
(5)
Although service structures may be screened by plant material, such plant material may not count towards the fulfillment of any required landscaping.
(6)
Whenever screening material is placed around any solid waste or trash disposal unit that is emptied or removed mechanically on a regular basis, a fixed barrier (e.g., mounted metal brackets) to contain the placement of the container shall be provided within the screening on those sides where there is such material. The barrier shall be at least 18 inches from the screening and shall be of sufficient strength to prevent possible damage to the screening when the container is moved. The minimum front opening of the screening shall be 12 feet to allow service vehicles access to the container.
C.
Nonresidential kitchen windows capable of being open, and ventilation equipment outlets and other similar equipment associated with food service, restaurants, taverns/bars and other similar food and drink service uses shall not be located or oriented directly toward any abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU, and/or VMU Zoning Districts.
D.
All ventilation equipment outlets, fume collection, and other similar equipment associated with any nonresidential service/repair work area(s) and/or service/repair bay doors/openings for nonresidential uses, shall not be located or oriented directly toward any abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU, and/or VMU Zoning Districts.
E.
For all nonresidential uses, mixed uses, and multifamily dwelling uses in the RL, RS, RMU, VR, and VMU Zoning Districts, all rooftop-mounted equipment and other similar appurtenances such as stair wells, air-conditioning units, large vents, heat pumps, and mechanical equipment, shall to the maximum extent feasible, be inconspicuously sited on the roof, screened via use of parapets, walls, fences, landscaping, or other approved screening, or integrated to be within the roof form, so as to not be viewed from adjacent street rights-of-way (excluding alleys). When fencing is proposed to be used as a rooftop equipment screen, it shall be designed to be architecturally compatible with the principal building (including design, materials, and colors).
F.
The locations of all service structures and screening shall be shown on all site plans and land development plans submitted to Fairview Township.
G.
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises.
§ 300-33 Buffer and screening regulations.
In all zoning districts, buffering and screening shall be provided subject to the following criteria:
A.
Required buffer yards and screening shall be provided on a lot proposed for development of nonresidential uses, mixed uses, and/or higher-density residential dwelling types and extend the entire length of the lot line abutting the RS and/or VR Zoning Districts and/or lower-density residential dwelling type lots. See Table 7-1 in this section for the required minimum buffer yard widths and required minimum screening opacity:
Table 7-1 Required Buffer Yards and Screening | |||
|---|---|---|---|
Where a Permitted: | Abuts: | Minimum Required Buffer Yard Width (feet) | Minimum Required Opacity of Screening |
Nonresidential use in the RL, CB, IB or AB Zoning District | The RS or VR Zoning District or a lot with an existing residential use | 45 | 80% |
Nonresidential use in the RS, VR, or VB Zoning District | The RS or VR Zoning District or a lot with an existing residential use | 35 | 80% |
Higher-density residential dwelling type use (except as provided in this table below) | A lot with an existing lower-density residential dwelling type use (i.e., three-dwelling unit apartment abuts a single-family detached dwelling) | 25 | 90% |
Nonresidential use or higher-density residential dwelling type use in the RMU Zoning District | A lot with an existing lower-density residential dwelling type use | 15 | 90% |
Nonresidential use or higher-density residential dwelling type use in the VMU Zoning District* | A lot with an existing lower-density residential dwelling type use* | 5* | 90%* |
* | Where an existing or former residential building is being proposed for reuse for a permitted nonresidential use, and where there is insufficient distance between said building and the abutting lot line to achieve the required buffer yard, there shall be no buffer yard required for the area of the lot where said building is located, as long as screening with no less than one-hundred-percent opacity is provided in the area of the lot where said building is located. Remaining portions of the lot shall comply with the buffer yard and screening requirements provided for elsewhere in this section. |
B.
No buffer yard shall be required for a nonresidential use, mixed use, or higher-density residential dwelling type uses in the RMU and/or VMU Zoning Districts that is separated from the RS and/or VR Zoning Districts and/or existing lower-density residential dwelling type lots by a public street right-of-way (excluding alleys).
C.
All required buffer yard areas shall be planted and maintained with vegetative cover and living material, as well as any required screening, and kept free of:
D.
Signs shall be permitted in a buffer yard that abuts a street right-of-way line.
E.
Stormwater management facilities and structures may be maintained within a buffer yard, but the existence of such facilities or structures shall not be a basis for a failure to meet the screening requirements.
F.
Buffer yards may be crossed by access drives, driveways, sidewalks, or easements with a maximum width of 35 feet, provided the center line of the access drive, driveway, sidewalk, or easement crosses the lot line and buffer yard at not less than 75°; however, no turning or maneuvering of vehicles shall be permitted in the buffer yard area.
G.
Buffer yards may be located within any required setback or yard.
H.
Screen plantings. Where screen plantings are provided in buffer yards, said screen plantings shall be located in the exterior portion of the required buffer yards, and shall be evenly spaced extending the length of the lot line in accordance with the following:
(1)
Plant materials used in screen planting shall be of such species as will produce, within two years, a year-round visual screen in accordance with the standards set forth in Table 7-2 below:
Table 7-2 Required Buffer Yards and Screening | |||||
|---|---|---|---|---|---|
Percentage Mix of Plant Materials Used as Required Screening | |||||
Description | Minimum Height (measured from the finished grade) (feet) | Minimum Distance (measured on center) (feet) | Minimum | Maximum | |
Trees | |||||
Deciduous trees* | 6 | 6 | 10% | 20% | |
Evergreen trees | 6 | 6 | 15% | 25% | |
Shrubs | |||||
Deciduous shrubs | 4 | 3 | 25% | 35% | |
Evergreen shrubs | 4 | 3 | 30% | 40% | |
(2)
Screen plantings shall be maintained permanently in a healthy condition. Any screen plantings that die or are severely damaged shall be replaced by the current property owner as soon as practical considering growing seasons, within a maximum of 150 days.
(3)
Screen plantings shall be placed so that at maturity they will be located not closer than two feet from any street right-of-way line or property line.
(4)
In order to aid surveillance and minimize the potential for crime, screen plantings shall also be sited, massed, and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle in accordance with Chapter 260 relating to subdivision and land development shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
(5)
Screen plantings shall be interrupted only at:
(6)
Trees that are used in the planting of a buffer yard and elsewhere on the lot shall be in accordance with those identified within Chapter 260, relating to subdivision and land development, and Chapter 273, relating to trees.
(a)
If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
(7)
Screen plantings shall be provided between the lot line and any off-street parking area, loading area, and any outdoor solid waste storage and refuse area for any nonresidential use, multifamily dwelling use, single-family attached use, and/or mixed use where the parking or solid waste storage and refuse area abuts property in the RS, and/or VR Zoning Districts or existing single-family detached dwelling or two-family detached dwelling in the RL, RMU, and/or VMU Zoning Districts.
I.
Fences and walls as screening. Each buffer yard may include fences and walls which shall be located in the interior portion of the required buffer yards that extend the length of the lot line in accordance with the following:
(1)
Fences and walls shall not be used as the sole means of complying with required screening, and screen plantings shall be used in combination with fences and walls.
(2)
Fences and walls that are placed in a buffer yard shall be located between the principal use and related accessory uses, and any required screen plantings.
(3)
Concrete and/or other similar block walls shall be painted or have decorative colors on all sides.
J.
Berms as screening.
(1)
Each buffer yard may include berms in accordance with the following requirement:
(a)
Berms shall be constructed with slopes not to exceed 33% with side slopes designed and planted in such a manner so as to prevent erosion and stormwater runoff, and with rounded-top surfaces that are a minimum of two feet in width at the highest points of the berms, extending the length of the berms.
(b)
The top of berms shall be planted with screen plantings.
K.
Existing vegetation. Each buffer yard may include existing vegetative plantings including trees, shrubs and ground cover retained and maintained so as to contribute to screening and buffering requirements.
 Figure 7.1 Buffer and Screening Example |
§ 300-34 Bus/transit shelters.
In all zoning districts, bus/transit shelters are permitted subject to the following criteria:
A.
Bus/transit shelters may be located within any required yard or setback.
C.
The location of a bus/transit shelter shall not interfere with pedestrian traffic along a sidewalk and shall be not located within a clear sight triangle as set forth in Chapter 260 relating to subdivision and land development.
D.
There shall be a legally binding commitment provided by a responsible entity to properly maintain the bus/transit shelter and to remove the shelter if it is not needed in the future or if it is not properly maintained.
E.
Bus/transit shelters shall be durably constructed and shall be covered by a roof. For security and safety purposes, the majority of the side and rear walls of the bus/transit shelter shall be constructed of a clear, shatter-resistant material.
§ 300-35 Crops/gardening.
In all zoning districts, crops/gardening is permitted, subject to the following criteria:
A.
The use includes the sale of harvestable products, limited to those grown on-site, in accordance with roadside stand regulations in Article X of this chapter relating to roadside stands.
B.
Crops/gardening is not subject to yard or setback requirements, but shall be located completely within the property boundary and no part may coincide with any property line.
C.
All related accessory structures shall comply with requirements of this chapter, including the requirements for accessory structures in the applicable zoning district.
§ 300-36 Essential services.
In all zoning districts, essential services are permitted as needed to provide service to lots, structures, and buildings. See also Article VII of this chapter relating to appurtenant service equipment screening and location for nonresidential and other uses.
§ 300-37 Fences and walls.
In all zoning districts, fences and walls are permitted, subject to the following criteria:
A.
Fences and walls along interior lot lines are not subject to yard or setback requirements, but the fence or wall shall be located completely within the property boundary, and no fence or wall may coincide with any property line. However, a small setback is recommended to provide an area within future maintenance may be performed. Otherwise, fences and walls along exterior lot lines shall comply with the required setbacks set forth in Article VII relating to accessory buildings and similar structures.
B.
Fences and walls shall be durably constructed and well-maintained. Fences and walls that have deteriorated parts and materials shall be replaced or removed.
D.
No fence or wall shall be erected in a street right-of-way or other rights-of-way or easements, including public or private drainage, utility or access easements, unless otherwise required by this chapter and/or any other chapter in the Code of the Township of Fairview.
E.
Fences and walls located in the front yard between the principal building and the street (excluding alley) in the RS, RMU, VR, and/or VMU Zoning Districts shall:
(1)
Be an open type of fence (such as picket, metal post, wrought iron or split rail) with a minimum of 50% open area to 50% structural area;
(2)
Not exceed 48 inches in height, but within the VR and VMU Zoning Districts, the height of any fence or wall may exceed 48 inches by one additional foot for each two additional feet by which the fence or wall is set back behind the principal building's front facade or building line.
(3)
Not be constructed of chain-link material or pattern. Fences shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Fences are encouraged to be constructed using weather-resistant wood, vinyl materials that resemble wood, or vinyl materials that resemble historic-style metal post fences.
(4)
Fences and walls located in a front yard between the principal building and the street (excluding alleys) shall be set back at least five feet from the front property line or street right-of-way, whichever is closest to the principal building.
[Added 1-25-2016 by Ord. No. 2016-1]
F.
Fences and walls that are located within the RS, VR, RMU, and/or VMU Zoning Districts and/or upon a lot with a residential use upon it shall not exceed eight feet in height along the side and rear lot lines.
G.
Fences within the other zoning districts shall not exceed 12 feet in height.
H.
Any fence or wall exceeding six feet in height shall comply with Chapter 113 relating to code enforcement, Uniform Construction Code.
I.
Structural posts of a fence shall not extend more than six inches above the height of the fence.
J.
Unless required for security purposes, no fence or wall 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.
No fence or wall shall be constructed out of fabric, junk, inoperable vehicles, appliances, tanks or barrels.
L.
If one side of a fence or wall includes posts and supports (framework) that clearly are not designed and integrated as a decorative feature of the fence, or if one side of a fence or wall does not match design patterns of the opposite side, then the side of the fence, including the framework, shall be placed to face toward the interior of the lot upon which is located, as opposed to the side of the fence which it faces a street or abutting lots.
M.
Brick may be used for posts or as a base for a fence or wall, provided the maximum fence or wall height for the fence or wall portion is not exceeded.
N.
Walls, in addition to the applicable standards provided in this subsection, shall also comply with the following standards:
(1)
Engineered retaining walls necessary to hold back slopes are exempt from the regulations of this section and are permitted by right as needed in all zoning districts.
(2)
Walls that are structurally part of a building shall be regulated as part of that building or structure.
(3)
Concrete and/or similar other block walls shall be of a decorative nature, painted or have decorative colors and/or materials on all sides that face outward away from or toward the exterior of the lot or parcel upon which it is located, as opposed to facing toward the interior of the lot.
O.
One arbor, gate, awning, canopy, trellis or similar decorative garden structure not exceeding 10 feet in height and four feet in width shall be permitted within the front yard, provided that it is not within a clear sight triangle as required in Chapter 260 relating to subdivision and land development.
§ 300-38 Height exceptions and alterations.
In all zoning districts, the following height exceptions and alterations shall apply:
A.
Height regulations shall not apply to the following structures, provided the structures do not exceed the height limitations of the applicable zoning district by more than 15 feet; penthouses including those not intended for human occupancy; skylights; steeples of places of worship; antennas (excluding telecommunication signal site antenna); flagpoles, roof- or building-mounted wind energy systems; spires; belfries; cupolas; domes; chimneys; ventilators; water tanks; bulkheads; utility poles or towers; clock or bell towers; elevator shafts; mechanical equipment or other appurtenances usually required to be and customarily placed above roof level and not intended for human occupancy.
B.
C.
The height of any principal structure may exceed the maximum permitted height requirements by one additional foot for every one additional foot that the width of each yard exceeds the required yard and setback regulations for principal structures within the applicable zoning district.
§ 300-39 Hours of operation and management plan.
In all zoning districts, the hours of operation and management of activities of proposed nonresidential uses and mixed-use developments shall be appropriately scheduled, operated, and maintained to protect the existing neighborhood and residential uses from detrimental noise, disturbance, or interruption. A "hours of operations and management plan" shall include the following, unless the Zoning Officer determines such information is unnecessary to determine compliance with this section:
A.
Address of the premises of proposed use, including tax parcel identification number.
B.
Name and general and specific type of the proposed use (e.g., commercial use, retail sales).
C.
Name and related contact information of the owner, on-site manager, and/or other authorized agent of the proposed use and the lot [e.g., telephone number(s), email address, etc.].
D.
The nature of the on-site activities and operations involved in the proposed use (e.g., the type of products, materials, equipment and/or processes, etc.).
E.
Advertising associated with the proposed use, as applicable.
F.
Estimated number of employees, patrons, and/or occupants, including per shift and maximum permitted occupancy, as applicable.
G.
The gross floor area of the building(s) and gross area of the lot devoted to the proposed use.
H.
Estimated amount of sales from the proposed use, as applicable.
I.
General description of the land uses adjacent to the property and on the same block.
J.
Intended market area/service area of the proposed use, as applicable.
K.
Vehicles and traffic associated with the proposed use (e.g., employees and customers/occupants deliveries, loading, etc.).
L.
Hours and days the proposed use will be open and/or operating including any expected "special events," as applicable.
M.
The disposal of materials will be accomplished in a manner that complies with Township, state, and federal regulations, including but not limited to those listed in Article VII of this chapter relating to nonresidential and other uses waste handling requirements.
N.
A discussion of any possible impacts and/or problems the proposed use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts/problems. The applicant shall further furnish evidence that the impacts generated by the proposed use will be within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Article VII of this chapter relating to performance standards for all uses.
§ 300-40 Landscaping and vegetation preservation.
In all zoning districts, landscaping and vegetation shall be subject to the following criteria:
A.
Any part of a lot which is not used for structures, buildings, access drives, driveways, loading areas, parking spaces and aisles, sidewalks and designated storage areas, other structures, or hardscaping shall be provided with an all-season, well-maintained ground cover including trees and shrubs.
B.
In order to aid surveillance and minimize the potential for crime, plantings shall be sited, massed, and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle in accordance with Chapter 260, relating to subdivision and land development, shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
C.
Vegetation preservation. Existing vegetation preservation is governed by the standards in this section and the provisions of the PA MPC. The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted when in conformance with the provisions of this chapter, Chapter 260, relating to subdivision and land development, Chapter 273, relating to trees, and/or other relevant chapters of the Code of the Township of Fairview. Violations and penalties associated with cutting and clearing of vegetation include:
(1)
Forestry (commercial timber harvesting) shall comply with Article X of this chapter relating to forestry (commercial timber harvesting).
(2)
The cutting of trees and/or clearing of vegetation within a required buffer yard as required by in Article VII of this chapter, relating to buffer and screening regulations, is prohibited. Only the removal and replacement of damaged/deceased trees and/or vegetation is permitted. Grubbing activity is permitted where the purpose is to improve the appearance of the lot.
§ 300-41 Lot frontage onto public streets.
§ 300-42 Multiple frontage lots.
In all zoning districts, lots with multiple frontages shall be subject to the following criteria:
A.
Reverse frontage lots and double frontage lots shall be subject to the following criteria:
(1)
Reverse frontage lots and double frontage lots shall comply with Chapter 260, relating to subdivision and land development. Any required planting screen easement shall be considered as a buffer yard, provided with screening of no less than seventy-percent opacity, and otherwise comply with the regulations in Article VII relating to buffer and screen regulations.
(2)
Reverse frontage lots and double frontage lots shall have the primary lot frontage, front lot line, front yard and front setback, building and development orientation; and shall have lot access on, towards, and from the street conveying the lesser amount of existing or proposed daily traffic.
B.
Triple frontage lots shall be subject to the following criteria:
(1)
The side lot line coinciding with the lot line abutting the street (frontage) shall have a buffer yard and planting screen easement of at least 20 feet, across which there shall be no right of access. The required buffer yard and planting screen easement shall be provided with screening of no less than seventy-percent opacity, and otherwise comply with the regulations in Article VII, relating to buffer and screen regulations.
(2)
Access on, towards, and from the lot shall be provided from the street conveying the lesser amount of existing or proposed daily traffic.
§ 300-43 Nonresidential and other use waste handling requirements.
In all zoning districts, for all uses other than single-family dwellings and two-family dwellings, waste handling and material disposal methods and procedures shall be subject to the following criteria. The following detailed information is required to be submitted concerning waste handling and material disposal methods and procedures:
A.
Listing of all materials to be used and/or generated on the site;
B.
Listing of all wastes (including but not limited to food and greases; animal wastes; solid wastes; medical wastes; and hazardous wastes; etc.) generated on the site; and
C.
Evidence shall be provided indicating that the disposal of all materials and wastes shall be accomplished in a manner that complies with Chapter 247 relating to solid waste, as well as any county, state, and federal regulations. Such evidence shall, at a minimum, include copies of working plans for the cleanup of litter and recycling showing exterior trash and recycling receptacles that are provided amid any an outdoor display and/or sales area, parking lot facilities open to the public, and other outside public areas designed and proposed for patrons and customers of the use. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.
§ 300-44 Number of principal uses and/or principal structures per lot.
In all zoning districts, the number of principal uses and/or principal structures permitted per lot shall be subject to the following criteria:
A.
A lot in the RMU, VMU, VB, CB, IB, and/or AB Zoning Districts may include more than one permitted principal use per lot, provided a plan has been recorded in compliance with Chapter 260, relating to subdivision and land development, and:
(1)
For developments with more than one principal use in one building, the most restrictive of the uses' area/design features of the applicable zoning district shall apply to the building (as opposed to applying each of the requirements to each use as if each use was located on each individual lot), but that each use shall comply with all other applicable requirements of this chapter, including parking and signs as though each use were located on an individual lot.
(2)
For developments with more than one principal use in more than one building, the area/design features of the applicable zoning district and all other requirements of this chapter shall apply to all the uses on a single lot as if all of the uses are one development (as opposed to applying each of the requirements to each use as if each use was located on each individual lot).
(3)
The lot may include a condominium form of ownership of individual buildings, with a legally binding property owner or other similar type of association, if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
B.
A lot in the RL, RS, and/or VR Zoning Districts and a lot used for residential purposes shall not include more than one permitted principal use nor more than one principal building, except as provided below, and each of the use's area/design features of the applicable zoning district and all other requirements of this chapter as though each use were located on an individual lot are met, and a plan has been recorded in compliance with Chapter 260 relating to subdivision and land development:
(1)
A mobile/manufactured home park, condominium residential development, single-family attached dwelling, or multifamily dwelling development may include more than one principal building per lot, provided all other requirements of this chapter are met.
(2)
The lot may include a condominium form of ownership of individual dwelling, units, with a legally binding homeowners' or other association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
§ 300-45 Outdoor storage and outdoor stockpiling.
In all zoning districts, unless otherwise permitted elsewhere in this section or Article IV of this chapter relating to permitted uses, Article V of this chapter relating to permitted uses, and Article X of this chapter, the outdoor storage and outdoor stockpiling shall be permitted, subject to the following criteria:
A.
Outdoor storage and outdoor stockpiling shall not include the sale of any bulk materials such as goods, material, and merchandise offered for sale to customers. Otherwise, it shall be considered outside sales and display and shall comply with the provisions set forth elsewhere in Article VII of this chapter and Article X of this chapter relating to outside display and sales.
B.
Outdoor storage and outdoor stockpiling shall not occupy any part of the existing or future street right-of-way (including sidewalks and alleys), required off-street parking areas, buffer yards, or any other areas specifically prohibited as set forth in this chapter.
C.
RL, RS, RMU, VR, and/or VMU Zoning Districts:
(1)
On single-family dwelling and/or two-family dwelling lots, the outdoor storage and stockpiling of:
(a)
In all instances, outdoor stockpiling of personal material shall not be located in the front yard between the principal building and the public street (excluding alleys) or within any required front setback. All such stockpiling shall comply with accessory use and structure yard and setback requirements for the applicable zoning district.
(b)
Non-personal material, including goods, junk, material, or merchandise associated with and generated by an off-site business or nonresidential establishment, shall not be permitted.
(2)
On nonresidential use, mixed use, and/or residential developments involving dwellings on a common lot(s), the outdoor storage and stockpiling of bulk items, including but not limited to goods, material, equipment, merchandise, junk, waste, discarded or salvaged material, machinery, equipment, or automobile, truck, or other vehicle parts, shall not be permitted. All related storage shall be within a completely enclosed building.
(3)
Outdoor storage and outdoor stockpiling shall not be located in the front yard between the principal building and the public street (excluding alleys) nor within any required front, side, and/or rear setback.
D.
VB, CB, IB, and/or AB Zoning Districts:
(1)
All bulk items, materials, and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height and provided with screening in accordance with Article VII of this chapter relating to buffer and screening regulations, with no less than one-hundred-percent opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(2)
The outdoor storage and outdoor stockpiling may be located in the front yard between the principal building and the public street (excluding alleys), but shall not be located within any required yard or setback.
(3)
In order to prevent dust, erosion, and excessive water flow across streets or abutting property, all areas used for the outdoor storage and stockpiling shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 260, relating to subdivision and land development, or any other construction materials specifications adopted by the Township, and approved by the Township Engineer.
(4)
All items and materials stored as part of outdoor storage and stockpiling shall be kept in an orderly fashion to permit access by emergency responders.
E.
Compost. The placement of compost as an accessory use to a residential use of a lot is permitted, subject to all accessory use, building, and structure setbacks of the applicable zoning district. Only waste materials from the residential use of the lot shall be deposited within the compost, and in no case shall meat, or meat by-products, dairy products, or bones be composted. All compost shall be properly maintained so as not to become a nuisance to nearby properties.
§ 300-46 Performance standards for all uses.
In all zoning districts, all uses (as applicable) shall be subject to the following performance standards:
A.
All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the jurisdiction agrees otherwise. All service extensions shall be designed and installed in full conformance with the jurisdiction's standards for such service, and shall be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.
B.
All uses shall be subject to and comply with the following regulations, where applicable:
(1)
Vibration. Ground vibration inherently and recurrently generated on the lot and detectable without instruments on any adjacent lot shall be prohibited, except that temporary vibration as a result of construction or vehicles which enter or leave the lot (such as trucks, trains, airplanes, helicopters, and other similar vehicles) shall be permitted. Otherwise, all of the applicable "Rules and Regulations" of the Pennsylvania Department of Environmental Protection (DEP) shall be complied with.
(3)
Air pollution and airborne emissions. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property or which can cause spoiling of property. Otherwise, all of the applicable "Rules and Regulations" of the DEP shall be compiled with.
(4)
Odors. No malodorous gas or matter shall be permitted which is discernible at any and all property lines of the subject property on which the odor source is located.
(5)
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Fish and Boat Commission, PA DEP, and the Clean Streams Law, June 22, 1937 P.L 1987, 35 P.S. § 691 et seq., or as amended.
(7)
Heat. Any operation producing intense heat shall be conducted within an enclosed building or with other effective screening in accordance in with Article VII of this chapter relating to buffer and screening regulations in such a manner as to make such heat completely imperceptible from any point along the property line. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Otherwise, all of the applicable "Rules and Regulations" of the PA DEP shall be complied with.
(8)
No use or operations shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause. Additionally, all uses and operations shall comply with the following:
(a)
Electromagnetic interference. In all zoning districts, no use, activity or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety and welfare, including but not limited to interference with normal radio, telephone or television reception and/or transmission off the premises where the activity is conducted.
(b)
Fire and explosive hazards. Fire protection and firefighting equipment, procedures and safety protocols acceptable to the Township of Fairview fire standards, National Fire Protection Association, Chapter 113 relating to code enforcement, Uniform Construction Code, and Chapter 145, relating to fire prevention and fire protection, and other applicable chapter of the Code of the Township of Fairview shall regulate hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the occupancy of a structure or premises.
(c)
Toxic and hazardous substance storage. Storage of toxic and hazardous substance shall meet the requirements of the Pennsylvania Department of Environmental Protection, Pennsylvania Labor and Industry (L&I), and/or the United States Environmental Protection Agency (USEPA).
(9)
Outdoor lighting. Outdoor lighting is permitted, subject to the following criteria:
(a)
Interior streets, parking areas, entrances and pedestrian walks shall be provided with sufficient illumination for a safe environment, with attention to energy conservation and with sufficient illumination to meet all applicable laws, rules and regulations. All lighting designs shall comply Chapter 113 relating to code enforcement, Uniform Construction Code, which encompasses the latest version of the International Building Code (IBC) and its accompanying International Energy Conservation Code (IECC). Lighting plans shall be designed per recommendations in the Illumination Engineering Society Handbook, to provide an efficient nonglare design using cutoff-type fixtures while complying with Chapter 113 relating to code enforcement, Uniform Construction Code, with particular attention to the International Energy Conservation Code (IECC) constraints for energy usage. Lighting plans shall be designed and submitted by a registered design professional, with his attached seal, for review as required for all plan submissions (see Chapter 113 relating to code enforcement, Uniform Construction Code).
(b)
Lighting devices that produce objectionable direct or indirect glare on adjoining properties or thoroughfares shall not be permitted. Cutoff-type fixtures (commonly called "shoe box") or similar are generally required to meet this requirement. Floodlight-type fixtures are not acceptable due to objectionable glare to those in their light path. Additional requirements are as follows:
[1]
Direct glare is defined, for purposes of this chapter, as illumination beyond property lines caused by direct or secondary reflected rays from incandescent, fluorescent or arc lighting or from such high-temperature processes as welding, petroleum or metallurgical refining.
[2]
Cutoff-fixtures are defined as luminaries so hooded or shielded that the maximum angle of direct illumination shall be 60° drawn perpendicular to the ground, with the exception that such angle may be increased to 90° if the luminary is less than four feet above the ground. Fixtures not meeting this requirement shall not be permitted. Accessory house-side shielding and other appurtenances are to be supplied as standard fixture accessories where required to prevent adjacent property light trespass.
[3]
Indirect glare is defined, for the purposes of this chapter, as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Lighting designs are to take the reflectivity of buildings and other property reflectivity into account to minimize indirect glare.
[4]
Parking, loading, ingress and egress areas of all nonresidential uses intended to be utilized at night shall be provided with adequate lighting for such use per IECC that dictates the maximum watts per square foot for various property areas. Lighting-level requirements vary by occupancy and proximity to structures that are or can be occupied. Lighting designers shall comply with the IECC, Lighting Power Densities for Building Exteriors, that provides maximum lighting levels for various areas and allows trading among applicable areas to aid in achieving an efficient yet compliant design.
[5]
Fixture height shall be considered in the design so as to preclude objectionable light trespass and not present a hazard to create a nuisance to adjoining properties.
[a]
Lighting design review shall take fixture height in consideration to ensure compliance with FAA and any other regulations in place in the Township.
[b]
Any proposed lighting fixtures which will be located within 100 feet of an adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts shall also be limited in height to a maximum of 16 feet above finished grade within said one-hundred-foot area. The one-hundred-foot distance shall be measured from the furthest extent of the proposed fixture to the nearest adjacent residential use or zoning district property line.
(c)
Exemptions.
[1]
Decorative outdoor lighting fixtures with bulbs of less than 25 watts, installed seasonally, are exempt from the requirements in Subsection B(9).
[2]
Overhead streetlighting, warning, emergency, and traffic signals are exempt for the requirements in Subsection B(9).
(10)
In order to determine whether a proposed use will conform to the requirements in this section, Fairview Township may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
§ 300-47 Keeping of pets.
In all zoning districts, unless provided elsewhere in the Chapter 84, relating to animals, the outdoor keeping of pets is permitted subject to the following criteria:
B.
The keeping of pets outdoors and any related structure shall not create a serious nuisance (including noise or odor), a health hazard, or a public safety hazard. The owner of the pet(s) shall be responsible for collecting and properly disposing of all fecal matter from pets.
C.
The keeping pets outdoors and any related structure shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
§ 300-48 Repair of personal, passenger, or recreational motor vehicles.
In all zoning districts, the routine maintenance, repair and servicing of personal, passenger, or recreational motor vehicles, including go-carts and racing vehicles, and other similar motor vehicles that are owned or leased by the owner or occupant of the residential use, is permitted as an accessory use to the residential use, when the owner or the occupant is performing such services outside of a building, and are subject to the following criteria:
A.
All vehicles shall be maintained with current, valid license plates and inspection stickers (when applicable), and shall be kept in operable condition.
B.
All work shall be performed on the vehicle owner's or lessee's property of residence.
C.
Work shall be limited to the following:
(1)
Servicing and replacement of spark plugs, batteries, distributors, distributor parts, and brakes;
(2)
Repair and replacement of tires and wheels, excluding recapping or regrooving;
(3)
Replacement of water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters, oil, grease, light bulbs, floor mats and carpeting, seat covers, seat belts, windshield wipers, mirrors and engine coolants;
(4)
Repair and replacement of car radios, CD players, amplifiers, speakers, and similar electronic devices;
(5)
Cleaning and flushing of radiators only when flushed into watertight containers;
(6)
Repair and replacement of fuel/gas pump and line repairs;
(7)
Minor servicing and adjustments;
(8)
Minor motor adjustments that do not involve the removal of the motor head or crankcase, or the prolonged revving of the motor;
(9)
Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating;
(10)
Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, ribbing, polishing, waxing, and the application of paint sealants.
D.
All by-products or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.
E.
No vehicle shall be stored in a "jacked-up" position, on blocks or other similar type of lift or support equipment for more than 72 consecutive hours in a seven-day period when located in the front yard between the principal building and the public street (excluding alleys), nor within any required setback, unless completely covered.
§ 300-49 Satellite dish antennas.
In all zoning districts, satellite dish antennas are permitted, subject to the following criteria:
A.
Consideration shall be given to the physical characteristics of the surrounding neighborhood, the property, the location of existing structures, and the feasibility of obtaining reception in the siting of satellite dish antennas.
B.
Satellite dish antennas may be located on accessory structures, such as garages or sheds.
D.
Satellite dish antennas attached to a structure shall be at least 8 1/2 feet above adjoining ground level.
E.
All freestanding, detached, ground-mounted and freestanding satellite dish antennas shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
F.
In no case shall satellite dish antennas project into any public right-of-way (including streets, alleys, sidewalks, etc.).
G.
The location of the satellite dish antennas shall not interfere with or otherwise obstruct pedestrian and vehicular traffic:
H.
Notwithstanding the standards in this section, these standards shall not conflict with or supersede any rule or regulation relating satellite dishes as governed by the Federal Communications Commission under the Federal Telecommunications Act of 1996.
§ 300-50 Private household swimming pools.
In all zoning districts, private household outdoor swimming pools are permitted, subject to the following criteria:
A.
All swimming pools shall comply with the requirements of Chapter 113, relating to code enforcement, Uniform Construction Code.
B.
No swimming pool shall be permitted to be located in the front yard between the principal building and the public street (excluding alleys) or within any required front setback.
C.
Swimming pools shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
D.
Water shall not be discharged from a swimming pool directly onto any public right-of-way or within 10 feet of any adjacent property without the applicable owner's consent.
E.
Pools shall not be located over a drainage, utility, or access easement.
F.
All on-site, outdoor lighting shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and shall comply with all provisions for lighting in Article VII of this chapter relating to performance standards for all uses.
G.
These standards shall not apply to "kiddie" or "wading" pools, or pools designed with pools walls not capable of holding water at a depth of more than 24 inches of water.
§ 300-51 Temporary structures.
In all zoning districts, the following temporary structures are permitted on a temporary basis are permitted subject to the following criteria:
A.
Temporary construction sheds and trailers are permitted on a temporary basis, subject to the following criteria:
(1)
Temporary construction sheds and trailers shall be permitted only during the period that the construction work is in progress. A permit for the temporary structure shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every 180 days.
(2)
Temporary construction trailers or sheds shall be located on the lot on which the construction is progressing and shall not be located within 10 feet of any lot line abutting an existing residential use.
(3)
Temporary construction sheds and trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.
(4)
Temporary construction sheds and trailers may be permitted to be used as a temporary sales center for residential lots. The maximum gross floor area of such a temporary sales center shall be 500 square feet.
B.
Temporary, nontraditional storage units (including those commercially known as "PODS" or enclosed containers of a box trailer, with or without wheels) are permitted on a temporary basis, subject to the following criteria:
(1)
Temporary, nontraditional storage units shall be permitted for a maximum period of 60 consecutive days in any one calendar year. This period may be extended upon written request to the Zoning Officer for a period not exceeding 180 days.
(2)
Temporary, nontraditional storage units shall comply shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
(3)
No temporary, nontraditional storage unit shall be used for permanent storage.
§ 300-52 Unenclosed Class I and Class II recreational vehicles (including towable utility and cargo trailers) parking, storage, and temporary occupancy.
In all zoning districts, the temporary unenclosed parking and long-term unenclosed storage of Class I and II recreational vehicles (which also include towable utility and cargo trailers) registered to the owner and/or occupant of the lot are permitted, subject to the following criteria:
A.
The temporary unenclosed parking and long-term unenclosed storage of Class I and II recreational vehicles (which also include towable utility and cargo trailers) registered to the owner and/or occupant of the lot shall comply with Chapter 113, relating to code enforcement, International Property Maintenance Code, and Chapter 282, relating to motor vehicles.
B.
On residential lots in the RL, RS, RMU, VR, and/or VMU Zoning Districts:
(1)
The temporary, unenclosed parking and long-term unenclosed storage of Class I and Class II vehicles shall be maintained with current, valid license plates and inspection stickers (when applicable).
(2)
The temporary, unenclosed parking (as opposed to long-term unenclosed storage) of Class I and Class II vehicles for a period not to exceed 72 consecutive hours in a seven-day period, shall be permitted so long as all vehicles are set back at least one foot from any lot line.
(3)
The long-term, unenclosed storage (as opposed to temporary parking) of Class I and Class II vehicles, a period that exceeds 72 consecutive hours in a seven-day period, shall be permitted on the basis of not more than two Class I vehicles per lot; and one Class II vehicle per each 1/2 acre (or portion thereof) of lot area up to a maximum of two Class II vehicles.
[Amended 1-25-2016 by Ord. No. 2016-1]
(4)
The long-term, unenclosed storage of Class I and Class II vehicles shall not be permitted in the front yard between the principal building and the public street (excluding alleys) or within any required front setback.
(5)
The long-term, unenclosed storage of Class I and Class II recreation vehicles shall be provided with screening of no less than eighty-percent opacity, which shall be provided along any abutting side or rear lot lines (excluding alleys) in accordance Article VII of this chapter relating to buffer and screening regulations. Exception: long-term storage may take place without the required screening if the storage complies with all other setback criteria and the location of the recreational vehicle is a minimum of 100 feet from a side or rear property line.
[Amended 1-25-2016 by Ord. No. 2016-1]
C.
The long-term, unenclosed storage of Class I and Class II recreation vehicles shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
D.
In order to prevent dust, erosion or excessive water flow across streets or abutting property, all areas used for the long-term, unenclosed storage of Class I and Class II vehicles shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 260, relating to subdivision and land development, or any other construction materials specifications adopted by the Township, and approved by the Township.
E.
The long-term, unenclosed storage of Class I and Class II vehicles shall not displace otherwise required off-street parking spaces provided on the lot.
F.
All areas used for long-term, unenclosed storage of Class I and II recreation vehicles shall be maintained so to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain current, valid license plates and inspection stickers (when applicable), shall be in operable condition, and shall not be permitted to leak fuels or lubricants onto the ground.
G.
The temporary unenclosed parking and/or long term unenclosed storage of any trailer other than those that are accessory to a principal residential use shall be prohibited.
H.
The temporary unenclosed parking and/or long-term unenclosed storage of Class I and Class II vehicles shall comply with all other applicable standards of this chapter.
I.
A Class I or Class II recreational vehicle may be used for temporary occupancy on any lot, and are permitted, subject to the following criteria:
(1)
All temporary recreational vehicle occupancies covered shall receive a temporary occupancy use permit from the Codes Department. The permit will be issued upon proof of compliance with the applicable standards. A fee may be collected for issuance of the permit. Said fee shall be established by the Board of Supervisors of the Township of Fairview by resolution and may be adjusted from time to time.
(2)
Seasonal usage/stays in a recreational vehicle are permitted for the owners of any lot with no permanent residential dwelling thereon, not to exceed a total of 90 days between April 1 and October 31 of any one calendar year.
(3)
Temporary, overnight guest stays in a recreational vehicle shall be permitted for nonpaying guests of the occupants of any legally established permanent residential dwelling on a lot, not to exceed a total of 90 days in any calendar year.
(4)
All setback requirements for the zoning district in which the temporary recreational vehicle occupancy is conducted shall be applicable to the recreational vehicle utilized for the temporary recreational vehicle occupancy.
(5)
No more than one recreational vehicle may be occupied per lot for any and all permitted occupancies.
(6)
Proof of an approved method for both sewage disposal and potable water supply for the temporary recreational vehicle occupancy shall be submitted with the temporary occupancy use permit application.
(7)
No ancillary or accessory structures are permitted to be erected or placed which are associated with the temporary recreational vehicle occupancy.
(8)
No rent or services may be charged or collected by the property owner associated with the temporary recreational vehicle occupancy.
§ 300-53 Yard and setback exceptions and alterations.
In all zoning districts, required yard and setback exceptions and alterations are permitted, subject to the following criteria:
A.
Projections into required yards and/or setbacks.
(1)
Stoops and related awnings and hand railings may project into required yards and setbacks not more than five feet.
(2)
Patios, terraces, decks, and other similar uncovered (at any point) structures, provided the structure elevation shall not be more than three feet above the yard grade, may extend or project into any required side yard and rear yard and/or side setback and rear setback not more than five feet, as long as there is a minimum of five feet remaining between the structure and the lot line.
(3)
Cornices, eaves, sills, or other similar architectural features such as gutters, bay windows, window awnings, chimneys, or similar structures, including solar energy systems, attached to the wall of any building may extend or project into any required yard and/or setback not more than three feet.
(4)
Exterior stairways, fire escapes, or other required means of egress, ground-mounted doors for basement access, or other similar structures that do not include space usable by persons may extend or project into a required side yard and rear yard and/or side setback and rear setback of a lot not more than five feet as long as there is a minimum of five feet remaining between the structure and the lot line.
(5)
Covered porches and those porches with enclosed habitable spaces shall be considered as part of the principal building and shall not extend or project into any required yard and/or setback.
(6)
Exterior walkways, sidewalks, stairs (and related hand railings), window wells, and such other structures customarily incidental to the principal or accessory building, may extend or project into any required yard and/or setback of a lot, provided the structure height shall be not more than 12 inches above the yard grade. The maximum structure height shall not apply to related hand railings.
(7)
Accessory air-conditioning units, generators, and heat pumps and other such heating and cooling appurtenances may extend or project into the required yard and/or setback of a residential lot.
(8)
For all handicapped ramps, landings, and other features necessary to provide entrance and accessibility to a building which project into any required yard and/or setback, see Chapter 113 relating to code enforcement, Uniform Construction Code, and reasonable accommodation provisions set forth in Article XII of this chapter relating to administration.
(9)
Mailboxes, flagpoles, lights and light pole standards, statues, decorative fountains, and other similar structures may extend or project into the required front yard and/or setback.
B.
Yard and setback alterations.
(1)
Except as otherwise provided in this chapter, within a block containing a lot proposed for development, where the required front setback and yard regulations for the zoning district are greater than the actual distances of the existing buildings on abutting lots set back from the street right-of-way, the required front setback and front yard may be altered to be similar to those distances between existing principal buildings within 100 feet on the abutting lots and the abutting street right-of-way.
(2)
Using this exemption, the front building line of the principal building on the lot proposed for development shall be no closer toward, and no farther away from, the street right-of-way line than the front building line of the existing principal buildings within 100 feet on the abutting lots.
(3)
Otherwise, the building on the lot proposed for development shall comply with all front building setback and yard standards defined in the zoning district in which it is situated.
(4)
No principal building shall extend into any street right-of-way.