Foster Township City Zoning Code
ARTICLE III
General Regulations
§ 255-301 Compliance required.
No structure or land shall be used or occupied, and no structure or part of a structure shall be erected, demolished, altered converted or moved, unless in compliance with all applicable provisions and regulations of this chapter.
§ 255-302 Interpretation; conflict with other provisions.
In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the protection and promotion of the public health, safety, convenience, comfort, morals, and general welfare of the residents of the Township. In the event of any conflict in the application of this chapter with other applicable public or private provisions, the following shall apply:
A.
Public provisions. The regulations of this chapter are not intended to interfere with or abrogate or annul any other ordinance, rules or regulations previously adopted or previously issued by the Township which are not in conflict with any provisions of this chapter. Where this chapter imposes a greater restriction upon the use of land, structure or building than any other previously adopted ordinance, rules, or regulations of the Township, the provisions of this chapter shall apply.
B.
Private provisions. The regulations of this chapter are not intended to interfere with or abrogate or annul any easement, covenant or other form of private agreement or restriction, provided that where the provisions of this chapter impose a greater restriction, the requirements of this chapter shall govern. Where the provisions of any easement, covenant or other form of private agreement or restriction imposes obligations, duties and/or requirements which are more restrictive and/or impose higher standards than the requirements of this chapter, and such private provisions are not inconsistent with the requirements of this chapter, then such private provisions shall be operative and supplemental to the requirements of this chapter.
§ 255-303 Limitation of land use.
Except as provided in this chapter, no building or structure or part thereof shall be erected, altered, added to or enlarged, nor shall any land, building, structures or premises be used, designed or intended to be used for any purpose other than the uses hereinafter listed as permitted in the zoning district in which such building, structure or premises is located.
§ 255-304 Required area or space cannot be reduced.
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already less than the minimum required by this chapter, said nonconformity may be continued but shall not be further reduced.
§ 255-305 Required access.
Every building or structure hereafter erected shall have access to or be located upon a lot adjacent to a public or private street.
§ 255-306 Accessory structures.
Accessory structures which are attached to a principal structure shall be considered a part of the principal structure and shall comply with the same yard and lot requirements applicable to the principal structure.
§ 255-307 Unattached accessory structures.
A.
Nonresidential. When the principal use or structure is nonresidential, an unattached accessory structure shall comply with the front yard setback and side yard setback requirements applicable to the principal structure or use for the zoning district in which it is located and shall not be less than 25 feet from any rear yard lot line.
B.
Residential. When the principal structure is residential, unattached accessory structures shall be erected in a side or rear yard only subject to the following requirements:
(1)
The maximum height shall not exceed 1.5 stories or 20 feet.
(2)
An accessory structure which has a floor area which equals or exceeds 750 square feet shall not be located less than 10 feet from a side lot line or the rear lot line. An accessory structure which has a floor area which is less than 750 square feet shall not be located less than five feet from a side lot line or the rear lot line. In cases where said accessory structure abuts a street or alley, a setback of 10 feet shall be required. Excluding A-1 and C-1 Zoning Districts, an accessory residential structure shall not exceed 1,500 square feet of floor area.
(3)
In no case shall the maximum square foot area of any accessory structure, excluding a swimming pool or a structure used agricultural purposes, exceed the square foot area of the footprint of the principal use.
(4)
In cases when a residential structure is a nonconforming use located in a nonresidential zone, the proposed erection of an accessory residential structure shall be deemed exempt from classification as an expansion of a nonconforming use but shall be subject to all other applicable regulations contained within this chapter.
(5)
An accessory structure shall not be located less than 10 feet from the principal structure.
(6)
Accessory structures, including any related equipment, shall be installed and used in accordance with the manufacturer's written recommendations.
§ 255-308 Types of residential accessory structures.
For residential lots, permitted accessory structures shall include but not be limited to noncommercial greenhouses, toolsheds or lawn sheds, private garages or carports, private noncommercial swimming pools, gazebos, noncommercial satellite antenna dishes, solar panels, standalone noncommercial windmills, outdoor wood burning furnaces and other similar accessory uses.
§ 255-309 Residential units for care of relatives.
The use of a separate residential dwelling unit within or attached to a single-family dwelling unit may not be considered a second principal use but shall constitute a permitted accessory use, provided that all of the following criteria are met:
A.
Not more than two persons may occupy the separate accessory residential dwelling unit who must be relatives of the persons occupying the principal residential dwelling unit.
B.
At least one of the residents of the separate accessory residential dwelling unit must need accommodations because of illness, infirmity, age or disability.
C.
The separate accessory residential dwelling unit must be designed and constructed so that it may be reconverted into part of the principal residential dwelling unit within six months of the relatives no longer residing within the unit. This shall be a condition of any permit issued by the Zoning Officer.
D.
The separate accessory residential dwelling unit shall be attached to the principal residential dwelling unit in such a way as not to detract from the residential characteristics of the neighborhood.
E.
One additional off-street parking space shall be required for the separate accessory residential dwelling unit unless the applicant can prove to the satisfaction of the Zoning Officer that the residents of the separate accessory residential dwelling unit do not drive an automobile.
§ 255-310 Private noncommercial swimming pools.
A private noncommercial swimming pool capable of containing water to a depth of 24 inches or greater shall be permitted as an accessory use in any zone, subject to the following:
A.
Yard area and setback requirements. A private swimming pool shall be located in either a side yard or rear yard with a minimum side yard and rear yard setback of 10 feet as measured from the water's edge.
B.
In-ground pools. The pool or the entire property on which the pool is located shall be enclosed with a permanent fence not less than four feet in height, which includes a gate secured with a lock. Required fencing shall also comply with regulations under Section 403.26 of the most current version of the UCC. The required fencing for an in-ground pool must be installed upon the completion of the excavation work for said pool.
C.
Aboveground pools.
(1)
Pools with exterior supports. An aboveground pool which is manufactured, designed and erected with supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height, which includes a gate secured with a lock in accordance with the above requirements of § 255-310B or, in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery is not to be considered as a barrier. Decks which are attached to the pool shall require a side yard and/or rear yard setback of not less than five feet.
(2)
Inflatable pools without exterior supports. An aboveground pool which may be inflated and used without supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of § 255-310B.
§ 255-311 Projections into required yards.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard setback requirements or building coverage:
A.
Terraces or patios, provided that such terraces or patios are located in the rear yard or side yard, are not under roof, without walls or other form of enclosure and are not closer than five feet to any adjacent lot line.
B.
Projecting architectural features, such as bay windows, cornices, eaves, fireplaces, chimneys, window sills, stairways, balconies, canopies or other similar architectural features, provided that any of the aforementioned features do not extend more than three feet into any required setback.
C.
Porches and decks, provided such porches or decks are not under roof, are located in the rear yard or side yard, and do not exceed 4 1/2 feet in depth and five feet in length as extended from the principal structure.
D.
Lampposts, walkways, sidewalks, driveways, retaining walls, fences, steps or landscaping.
E.
Handicapped ramps. The installation of a handicapped ramp in any zone, designed to provide access to handicapped persons, shall be exempt from meeting any applicable front yard or rear yard setback requirements, but shall have a minimum side yard setback of not less than five feet.
F.
No projections shall be permitted within and/or over a public right-of-way.
G.
Temporary construction trailers, provided that they are used on the lot where construction is being conducted and only while construction is occurring.
§ 255-312 Visibility at intersections streets and private driveways.
A clear sight triangle shall be provided at all street and driveway intersections. Nothing shall be erected, placed or allowed to grow in a manner which obscures vision above the height of 2 1/2 feet and below 10 feet, measured from the center-line grade of intersecting streets and driveways.
A.
Street intersections. For corner properties, at street intersections, an isosceles triangle shall be established for a distance of 20 feet at each side of the point of intersection of the street right-of-way lines with the property line.
B.
Driveway intersections. At driveway intersections with streets, an isosceles triangle shall be established for a distance of 20 feet at each side of the point of intersection of the street right-of-way lines with the driveway.
§ 255-313 Exemptions from height requirements.
Height limitations in this chapter as so specified for each zoning district shall not apply to church spires, belfries, cupolas and domes, monuments, water towers, standalone noncommercial windmills, wind energy facilities, commercial communication towers, chimneys, smokestacks, flagpoles, radio towers, masts and aerials, accessory mechanical appurtenances usually located above the roof level or to parapet walls extending not more than four feet above the roof line of the principal building, but may be subject any supplemental height regulation associated with a specific use.
§ 255-314 Exemption for enclosure of existing structures.
In all zoning districts, any area of a preexisting nonconforming roofed structure may be enclosed without meeting the yard setback requirements for the zoning district in which the property is located.
§ 255-315 Exemptions under proposed subdivisions.
Any structure, proposed to subdivided, containing two or more units, residential or nonresidential, shall be exempted from the governing side yard setback requirements under this chapter relative only to interior side yards where such units are physically connected. When a side yard of a proposed subdivision is directly attached to another unit within the structure, subdivision approval shall exempt the property from requiring and/or securing an interior side yard variance from the Zoning Hearing Board.
§ 255-316 Setback exemptions for structural replacements.
Any structural portion of a residential building, such as a deck, patio, porch or similar feature which is need of repair to the point of replacement shall be exempt from complying with the applicable setback requirements when all of the following conditions exist:
A.
The use of the building represents a use permitted by right in the district in which it is located.
B.
There are no outstanding zoning or building code violations against the owner of the property.
C.
The structural replacement shall be the exact same location and structural replacement shall be the same size and height, or less, than that which is being replaced.
D.
A photograph of the subject property, taken prior to the start of work, must be submitted to the Zoning Officer with a completed zoning permit application, along with any other information deemed necessary by the Zoning Officer to process the application.
§ 255-317 Exemptions for public utilities.
With the exception of storage yards, the provisions and regulations of this chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and municipality in which the building or proposed building is located have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of the party to the proceedings.
§ 255-318 Lots divided by zoning boundaries.
If a zoning district boundary line divides a lot which does not exceed one acre in size and is held in single and separate ownership prior to the effective date of this chapter, placing 90% or more of the lot area in a particular zoning district, the location of such district boundary line may be construed to include the remaining 10% or less of the lot so divided.
§ 255-319 Land development approval required.
In addition to zoning approval, the improvement of one or more contiguous lots, involving a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenants, in addition to the applicable provisions of this chapter, shall also be governed by the applicable provisions of Chapter 210, Subdivision and Land Development, of the Code of the Township of Foster.
§ 255-320 Fences and walls.
The posts and/or structural supports of a fence shall be located within the interior yard space to be enclosed. Height measurements for compliance with this section shall be based upon the ground elevation directly below the fence.
A.
Residential. Fences and walls to be constructed within a residential zoning district or upon a lot in any other type of zoning district which contains a residential property shall be permitted according to the following subsections:
(1)
Front yard. The maximum height of any fence or wall in a front yard shall not exceed four feet in height above the adjacent ground level.
(2)
Side and rear yards. The maximum height of any fence or wall located in a side yard or rear yard shall not exceed six feet in height.
(3)
Materials. All fences shall be constructed with materials recognized by the fencing industry and designed to provide a permanent enclosure. No barbed wire or other potentially injurious material shall be contained upon the fence or as part of the material to construct the fence.
B.
Nonresidential. The maximum height of any fence or wall shall not exceed six feet in height in a front yard and eight feet in height in any side or rear yards.
C.
Exemptions. The provisions of this section shall not be applied to prevent the construction of a chain link in excess of 10 feet in height, designed as an enclosure to a public park, a public playground or similar public outdoor recreational facility.
D.
Retaining walls. Any retaining wall which exceeds four feet in height shall comply with all governing requirements of the Pennsylvania Uniform Construction Code. Zoning approval of any retaining wall shall be conditioned upon written approval of its proposed design and construction by the Building Code Inspector for Foster Township.
§ 255-321 Manufactured homes on permanent foundations.
A manufactured home, when constructed and anchored to a permanent foundation, as defined in Article II of this chapter, shall be deemed to be a single-family residence.
§ 255-322 Manufactured homes without permanent foundations.
A.
Replacement. The removal of a manufactured home as a nonconforming use upon a property with the intent to replace it with another may be permitted without Zoning Hearing Board approval, provided that the new manufactured home is in conformity with all applicable setback, area, and bulk requirements for the zoning district in which it is located. In addition, the replacement of the manufactured home shall be done in accordance with the construction standards set forth in § 255-322B below.
B.
Construction standards. A manufactured home shall be set on a concrete, frost-free footer with skirting made of brick, block or concrete wall; and any towing tongues, wheels and axles shall be removed from the mobile home and the home must be secured with a safety strap or cable to the concrete footer or steel cross support. The specifications of the footer and its depth shall be as proscribed under the applicable UCC building code.
§ 255-323 Corner lot restriction.
On a corner lot, there shall be provided, on each side thereof adjacent to a street, a yard setback equal in depth to the required front yard setback of the prevailing zoning district in which the corner lot is located. This provision shall apply to both accessory and principal structures.
§ 255-324 Junk and/or junked vehicles.
Junk and/or junked vehicles as so defined in Article II of this chapter shall be prohibited to be located and/or stored upon any lot or property within the Township which has not secured proper zoning approval to operate a junkyard or automobile wrecking yard consistent with the definitions of said terms as so defined in Article II of this chapter.
§ 255-325 Prohibition of general nuisances.
The use, operation and/or condition of any property found to be a general nuisance as so defined in Article II of this chapter shall constitute a violation of this chapter and shall be subject to the violation procedures and penalties as set forth in § 255-1307, Enforcement procedures, of this chapter.
§ 255-326 Noncommercial satellite dishes and standard antennas.
A.
A freestanding noncommercial satellite dish or standard antenna, including amateur television and radio antennas, shall be deemed to be an accessory structure permitted only as a special exception use in all zoning districts, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in §§ 255-840 and 255-1510B of this chapter.
B.
A roof-mounted noncommercial satellite dish or standard antenna shall be permitted by right in all zoning districts, subject to not exceeding the maximum height requirement for the district in which it is located.
§ 255-327 Outdoor wood-fired boilers.
§ 255-328 Standalone noncommercial windmills.
A.
A freestanding standalone noncommercial windmill shall be deemed to be an accessory structure permitted only as a special exception use in all zoning districts, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in §§ 255-847 and 255-1510B of this chapter.
B.
A roof-mounted noncommercial windmill shall be permitted by right in all zoning districts, subject to not exceeding the maximum height requirement for the district in which it is located.
§ 255-329 Minor solar energy systems.
A.
A freestanding minor solar energy system shall be deemed to be an accessory structure permitted as a special exception use in all zoning districts, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in §§ 255-843 and 255-1510B of this chapter.
B.
A roof-mounted minor solar energy system shall be permitted by right in all zoning districts, subject to not exceeding the maximum height requirement for the district in which it is located.
§ 255-330 Recreational vehicles, tractor trailers, and trailer storage.
Any recreational vehicle which is not licensed, registered and inspected shall not be permitted on any lot except where permitted by the regulations concerning junkyards, automobile wrecking yards and the lot employs such use. If stored on property in which the permitted use is residential, the licensed, registered and inspected recreational vehicle shall be stored in a structure or within the rear yard. Tractor trailers shall not be stored in a residential zone except when making a delivery, and trailer storage of any type shall not be permitted in a residential zone.
§ 255-331 Sewage disposal.
The provision of sewage service to any proposed use and/or development of property shall be consistent with the Township's Act 537 Sewage Facility Plan. Any use or development of property which proposes to utilize on-lot sewage disposal shall secure approval from the Township's Sewage Enforcement Officer in accordance with the applicable governing standards of the Pennsylvania Department of Environmental Protection prior to the issuance of a zoning permit. The use of a holding tank shall be expressly prohibited to service any use and/or development.
§ 255-332 Highway occupancy permits.
Zoning approval for any proposed use and/or development of a property, which includes the construction and/or relocation of a driveway onto a state legislative route, a county road or a Township road, shall be conditioned upon the applicant securing a highway occupancy permit from the applicable governmental entity having jurisdiction over same.
§ 255-333 Stormwater management.
Any proposed development or use of property which results and/or requires a land disturbance shall be undertaken in compliance with the applicable regulations of Chapter 192, Stormwater Management, of the Code of the Township of Foster.
§ 255-334 Buffers from wetlands, streams, and waterways.
All accessory and principal structures shall be set back not less than 25 feet from any wetlands and 50 feet from streams, waterways and water bodies.
§ 255-335 Outdoor lighting.
All outdoor lighting on private or public residential, commercial, industrial, recreational or institutional property shall be directed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare), and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property (nuisance glare).
§ 255-336 Composting.
The composting of biodegradable vegetative material such as trees, shrubs, leaves and vegetable waste which do not contain garbage or animal fats shall be permitted as an accessory use in all zoning districts, provided that:
A.
The composting is conducted in such a manner as not to create any health, welfare or safety concerns.
B.
Any composting of manure shall be restricted to lots where:
(1)
Agriculture is a use permitted by right.
(2)
The lot size is a minimum of 10 acres.
(3)
The setback from any adjoining street or property line is at least 500 feet.
(4)
The composting shall comply with the published manure management standards of the Pennsylvania State University Cooperative Extension Service.
§ 255-337 Uses not listed or addressed.
A use not listed in any of the zoning districts shall be referred to the Zoning Hearing Board as a special exception application and may be permitted by the Zoning Hearing Board, provided that the applicant proves:
A.
The proposed use is less intensive than other principal permitted uses within the zoning district.
B.
The proposed use is similar and compatible to other principal permitted uses within the zoning district.
C.
The proposed use is not listed in this or any other zoning district and is not similar to a use listed in any of those zoning districts.
D.
The proposed use does not interfere or conflict with the general purposes, community development objectives or intent for which this chapter has been adopted.
§ 255-338 Supplemental requirements.
A use provided for under any zoning district within this chapter shall, in addition to all other applicable provisions of this chapter, also be governed by supplemental regulations applicable to such use contained within Article VIII, Supplemental Regulations, of this chapter.
§ 255-338.1 Portable storage containers.
[Added 4-13-2022 by Ord. No. 1-2022]
A.
Upon any lot, portable storage containers may only be used during construction, remodeling, moving, or an emergency or disaster which requires the temporary storage of personal property.
B.
The use of portable storage containers for permanent storage, storage of vehicles, junk, waste containment, or for use as a dwelling until is prohibited.
C.
The use of portable storage containers on a lot may not exceed 90 days during any one calendar year. However, the zoning officer may issue up to a ninety-day extension if it can be shown that the nature of the proposed activity is ongoing and reasonable progress requires additional time with a definitive ending date.
D.
Portable storage containers may not block any required sight clearances and shall be setback at least 10 feet from all lot lines.
§ 255-339 Municipal and emergency services facilities exemption.
[Added 8-10-2016 by Ord. No. 3-2016]
The dimensional requirements of Article V, § 255-503, of this chapter, including the other general regulations of Article III and the off-street parking and loading requirements of Article XI, shall not apply to any existing or proposed use, building, or structure, or extension thereof occupied, owned, or operated by the municipality or an emergency services facility as that term is defined under this chapter.