Franklin Township Beaver County
City Zoning Code
City Zoning Code
ARTICLE X
Supplementary Regulations
§ 330-42 Conditions of lot development.
A.
Measurement of lot area and width. The area of any lot shall include the total horizontal lot area exclusive of any street rights-of-way, but including any public utility or access easements not in street rights-of-way. Where a lot extends to the center line of a street, the area of the lot shall not include a strip of land 25 feet wide extending into the lot from the street center line and parallel to the center line the full length of the street abutting the lot. Lot width shall be measured along the front setback line between the side lot lines. Where the lot extends to the street center line, the front setback line shall be the setback distance established for the particular zone district plus 25 feet.
B.
Existing lots of record with inadequate area and/or width. When such a lot is proposed for development, it may be used for any permitted or approved conditional use allowed in the zone district containing the lot, provided:
(1)
The lot does not abut one or more other lots in the same ownership which could be combined with the lot proposed for development to create a lot of adequate or at least improved area and/or width;
(2)
Any setback or coverage variances are addressed by the Zoning Hearing Board; and
(3)
Connection can be made to sewer and water lines or the Sewage Enforcement Officer certifies the lot as acceptable for on-lot sewage disposal.
C.
Special conditions on lots abutting street corners. A clear sight triangle shall be maintained at all street intersections as a public safety measure. No obstruction shall be placed and existing vegetation except for mature trees shall be removed within a sight triangle whose sides shall be lot lines which intersect at the corner of the lot abutting the intersection. At points 20 feet along each lot line measured from the intersection of the lines, a third line connecting such points shall be drawn to enclose the sight triangle. Within the triangle, no obstruction shall be placed that exceeds 30 inches in height.
D.
Attachment to sewer and water lines. Every lot containing a building attached to a water supply shall be connected to public sewer and water lines if such lines are within or abut the lot or are in a street that abuts the lot. If the lot is within a subdivision plan of a number of lots, the rules of §§ 275-38 and 275-39 of Chapter 275, Subdivision and Land Development, of the Code of Franklin Township shall apply. Where the lot cannot be attached to public sewers and public water lines and on-lot systems are required, sewage disposal shall be approved by the Sewage Enforcement Officer before installation, and the well shall be separated by at least 100 feet from any part of the sewage disposal field. Increase of lot size to accommodate in-ground sewage disposal is preferred.
E.
Occupancy of and access to a lot. Any recorded lot, except as provided for in this subsection, may be occupied by one principal permitted or approved conditional use. On a residentially zoned lot only one dwelling building shall be permitted, as well as accessory buildings. On a lot occupied by business uses, several buildings may contain the principal use, and in a plan of apartment buildings or townhouses for rental only, several such buildings may occupy the same lot. All lots created after the adoption of this chapter shall directly abut a public street or a street designed and constructed to Township specifications.
F.
Rear lot. A lot meeting at least the minimum area and width requirements for the zone district where it is proposed may be created from the rear portion of a lot of record that will retain adequate area and width after the subdivision or from property to the rear of the lot of record, provided that:
(1)
The lot to be created is occupied only by a single-family detached dwelling and accessory buildings;
(2)
The lot to be created is connected to a public street by a right-of-way at least 20 feet wide, which shall be part of the lot to be created but not included in that lot's area to meet minimum lot size;
(3)
There is no possibility of the right-of-way being extended to serve additional lots; and
(4)
The required front yard of the lot to be created shall abut the rear yard of the lot in front.
G.
Front yard depth exceptions. When a vacant lot in a residential zone district abuts on each side lots containing dwellings that are set back less than would be required in the zone district where the lots are located, the front setback of a dwelling proposed to be erected on the vacant lot may be the average of the setbacks of the existing dwellings on either side, provided the existing dwellings are within 30 feet of the vacant lot. When a vacant lot abuts on one side a lot containing a dwelling, the front setback of a dwelling erected on the vacant lot may be the average of the existing dwelling on the adjacent lot and the minimum required setback established for the zone district in which the lots are located, provided the existing dwelling is within 30 feet of the vacant lot to be developed. In all other cases, where relief is sought from minimum setback requirements, application shall be made to the Zoning Hearing Board for a variance.
H.
Setbacks on irregularly shaped lots. The lines describing the front, side and rear setbacks on a lot shall always be parallel to the adjacent lot line and measured for depth at right angles from that lot line.
I.
Building wall is not parallel to adjacent lot line. When the side or rear wall of a building is proposed to be not parallel to the adjacent lot line, the wall may be set so that the edges of the wall nearest to and farthest from the lot line average the required minimum setback for the zone district where the lot is located, measured at right angles from the lot line, provided the nearest edge of the wall is not closer to the lot line than 1/2 the required minimum setback. All parts of a wall facing the front yard of a lot shall be located behind the front setback line.
J.
Extension of an existing wall. Where a wall of a building erected prior to adoption of this chapter is parallel or nearly parallel to the adjacent lot line but less than the minimum permitted distance from the lot line, such wall may be extended once along its established line, provided that:
(1)
The extension is not longer than the existing wall or 25 feet, whichever is less;
(2)
No part of the wall is less than 1/2 the required setback distance from the adjacent lot line;
(3)
The extension does not exceed the height of the existing wall;
(4)
The extension does not violate other required setbacks in other yards; and
(5)
The building addition of which the wall extension is a part does not exceed the maximum lot coverage that applies in the zone district.
K.
Landscaping and buffering.
(1)
Landscaping requirements along the edges of lots in Commercial or Industrial Zones abutting or directly across an intervening street from lots in the R-1, R-2, A/R, or CON Zones.
(2)
Within any nonresidential zone, the buffer requirements shall apply to nonresidential development adjacent to existing residential development.
[Added 3-9-2005]
(3)
Within the required setback areas between buildings and lot lines (see §§ 330-17, 330-22, 330-27, 330-32, 330-37, and 330-41), a landscaped buffer shall be planted the full length of the common boundary within the lot to be developed for a commercial or other business use. Such a landscaping buffer shall consist of the following plant materials:
(a)
Continuous evergreen hedge, not less than two feet tall when planted and maintained at maturity at a height of five feet, each plant set no less than five feet on center;
(b)
Deciduous trees, such as maples, beeches, oaks, ash, honeylocust, hornbeams and zelkovas, not less than 2 1/2 inches truck diameter four feet above ground level when planted and spaced not more than 35 feet on center;
(c)
In front yard areas across the street from lots in A/R, R-1 or R-2 Zone, deciduous trees planted as required in Subsection K(3)(b) above in a grass or ground cover lawn;
(d)
Planted materials shall be maintained in good health by the lot owner, who shall be responsible for replacing any plantings that die within one year of death.
L.
Projections permitted into required setback areas.
(1)
Building projections, including cornices, eaves, canopies and other architectural features, may project not more than two feet into any required setback area. Bay windows, balconies, chimneys and uncovered exterior stairways may project not more than three feet into any required setback area, provided not more than 1/3 of the wall to which these features are attached, when viewed in plan, extends into the setback area.
(2)
Ground-level projections of single- or two-family dwellings, including patios, driveways, walkways and parking areas, may extend up to three feet of any side or rear lot line. By written agreement between neighboring lot owners, filed with the Township, paved areas may extend to the common lot line. Only a driveway not more than 18 feet wide and/or walkways may cross a front yard or side yard abutting a street. Parking areas may directly abut a secondary access street with a right-of-way width not greater than 25 feet at the rear or side of a lot.
(3)
Porches and raised decks or platforms may project up to four feet into any required front or rear setback area. Porches or raised decks or platforms that are permanently covered may not extend into any required yard areas.
M.
Other applicable ordinances.
(1)
Chapter 168, Floodplain Management, of the Code of Franklin Township, enacted March 8, 1989, and as may be subsequently amended: The maps titled "Flood Insurance Rate Map," Panels 1 through 6, which delineate the borders and extent of the flood hazard areas within Franklin Township are hereby adopted as an overlay zone upon the Official Zoning Map. The underlying zoning districts and all stipulations that apply within them remain fully in force but the additional requirements of Chapter 168, Floodplain Management, shall also apply, particularly regarding lowest permitted floor elevations, building floodproofing and construction standards.
(2)
Chapter 100, Airport Zoning, of the Code of Franklin Township, enacted April 8, 1992, and as may be subsequently amended: The underlying zoning districts and all stipulations that apply within them remain fully in force but the additional height limitations of Chapter 100, Airport Zoning, shall also apply. The map titled "Height Limitation and Zoning District Map," a part of Chapter 100, Airport Zoning, is hereby adopted as an overlay zone upon the Official Zoning Map.[1]
[1]
Editor's Note: Original Section 1001.14, Special conditions for street improvements in residential development, which immediately followed this subsection, was repealed 9-29-2008.
§ 330-43 Height stipulations.
A.
Height measurement. Height shall be measured as the vertical distance between the average finished grade elevation on the wall with the lowest grades and the top of the wall, if a flat-roofed building, or halfway between the eaves and ridge of the highest roof element, if a sloped roof building.
B.
Height exceptions. The height limitations for the various zone districts shall not apply to church spires or belfries, cupolas or domes, barns, silos, monuments, water towers, chimneys, flagpoles, lightning rods, air-handling or other mechanical equipment necessary for the normal functioning of a building and erected upon the building.
§ 330-44 Accessory buildings and uses.
A.
When they can be built. Accessory buildings, such as garages, garden sheds, shelters for animals and equipment and swimming pools, shall be erected at the same time as or later than the construction of the principal building on the lot.
B.
Dwelling within an accessory building. One dwelling may occupy all or part of one accessory building on a lot that has as the principal building a single-family detached dwelling, provided:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The sewer and water supply systems serving the principal building and the accessory building are entirely separate; and
(2)
The original lot can be later subdivided so that a lot containing the principal building and a second lot containing the accessory building will each be of sufficient area and width to meet at least the minimum requirements of the zone district where the lots are located, and so that each new lot also contains the sewer and water systems serving the building on that lot without dependence for passage over or encroachment on the other lot.
C.
Accessory building attached to principal building. In the event that an accessory building is attached along at least one wall or by a common roof to the principal building, the accessory building shall be considered part of the principal building and shall be set back from lot lines as stipulated for principal buildings.
D.
Separation of principal from accessory buildings. Accessory buildings shall be separated from the principal building on the same lot by at least 10 feet.
E.
Swimming pools.[1]
(1)
A swimming pool shall be considered any vessel capable of containing water to a depth of at least 1 1/2 feet, having a minimum surface area of 75 square feet, and a minimum dimension across the pool in any direction of 10 feet. Only the water surface area need be counted toward maximum lot coverage.
(2)
A pool shall be located in the rear or a side yard of the lot but not closer to a street than the front wall of the principal building on the lot and shall be set back from side and/or rear lot lines as required for accessory buildings, including any deck or paved surface abutting the pool. Such deck or surface may extend to the principal building on the lot.
(3)
The pool area shall be completely surrounded by a solid surface or metal chain-link fence at least four feet high, access through which shall be controlled by a gate capable of being locked on both sides. A wall of the building abutting the pool area with a controlled opening from the building to the pool area or no opening may serve in lieu of part of the fence.
(4)
Lighting of the pool area shall be directed away from neighboring lots and streets. Light sources shall not be visible from outside the lot containing the pool.
(5)
The placement of a pool shall require a building permit and a plan, showing the location of the pool and deck relative to buildings on the same lot and adjacent lot lines and indicating how the pool will be filled and drained so as not to interfere with water supply to neighbors or create flooding potential across neighboring lots.
[1]
Editor's Note: See also Ch. 282, Swimming Pools.
F.
Satellite dishes.
(1)
Dishes shall be permitted in any zone district, set back from lot lines as required for accessory buildings.
(2)
Dishes shall be sited so as to be as unobtrusive as possible, but with a clear sight line to the satellite.
(3)
Dishes shall be landscaped and/or painted to blend with surrounding landscaping and/or buildings. Open mesh type dishes shall be preferred.
(4)
Roof-mounted dishes shall be set back from the edges of roofs to minimize their visibility from adjacent streets and lots.
§ 330-45 Special residential uses.
A.
Individual mobile homes on their own lots.
(1)
Such a mobile home, occupied by one family, shall be permitted wherever single-family detached dwellings are allowed by right and shall be subject to all bulk and dimensional requirements that apply to single-family detached dwellings in the zone district where located.
(2)
Foundations, skirting and tie-downs.
(a)
Mobile homes shall be firmly attached to a foundation carried to at least three feet below finished grade. The foundation may be a continuous peripheral masonry or concrete structure, or not less than two masonry or concrete piers at least 16 inches wide by the full width of the mobile home, designed to carry the full weight of the home.
(b)
The area between the floor of the mobile home and the ground below shall be completely enclosed by either the masonry or concrete peripheral foundation wall or by vinyl skirting. In either case, the enclosed space shall be ventilated.
(c)
Each mobile home shall be securely tied to its foundation by over-the-top or built-in steel straps sufficient to hold the mobile home to its foundation against winds blowing horizontally up to 100 miles per hour from any direction.
(3)
Permits required for placement, occupancy and removal.
(a)
Before a mobile home may be placed on a lot, the owner shall secure a building permit as for any single-family detached dwelling.
(b)
Before a mobile home may be occupied, the owner shall secure a permit from the Sewage Enforcement Officer indicating that an adequate sewage disposal system is in place, connected to the mobile home.
(c)
Before a mobile home may be removed from its lot, the owner shall secure a permit from the Township. This permit shall not be issued until the owner produces receipts from the county, school district and Township indicating that all back and current taxes have been paid.
(4)
Removal of a mobile home. When a mobile home has been removed and a second mobile home will not replace it immediately on the same foundation, the lot owner shall backfill the site to the original grade within 60 days after removal of the first mobile home.
(5)
Compliance with codes. Any mobile home brought into the Township after the date of adoption of this chapter shall display evidence that it complies with the National Manufactured Housing Construction and Safety Standards Act and amendments thereto.[1]
[1]
Editor's Note: See 42 U.S.C. § 5401.
B.
Two-family detached dwelling.
(1)
Two-family detached dwellings are a permitted use in the R-2 Zone and a conditional use in the A/R Zone and special exception in R-1 Zone.
(2)
Sewage disposal and water supply systems serving one dwelling shall not be interconnected or shared by the second dwelling.
(3)
In the event one dwelling is located above the other, the only part of the upper dwelling permitted on the first floor shall be access stairs and utility and ventilation systems serving the upper dwelling.
(4)
Within a building occupied by two dwellings, they may share garage and basement space and may use a common foyer or entrance and porches.
(5)
If the dwellings are side by side, they shall have a common fire wall separation with no openings, along the center line of which the building and lot may be subdivided to create two properties.
C.
Conversion of a house to two or more apartments. An existing single-family detached dwelling in any zone may be converted to a two-family dwelling, and any single-family detached dwelling in the R-2 Zone may be converted to two or more dwellings if the following criteria can be met:
(1)
If the dwelling is not attached to public water and sewer systems, the Sewage Enforcement Officer shall determine that an adequate sewage disposal system or systems will be available on the lot to serve each proposed dwelling.
(2)
Each dwelling shall contain at least 450 square feet, exclusive of access halls or stairs, and the lot area shall be not less than that required for a two-family dwelling in the zone where located, or 60,000 square feet if in the A/R Zone. If in the R-2 zone, the lot area occupied by the dwelling building shall be not less than 4,000 square feet for each dwelling.
(3)
Each dwelling shall contain a separate and fully equipped bathroom (sink, toilet and shower or tub), cooking and food storage facilities. No access to a dwelling shall pass through another dwelling.
D.
Walk-up apartments, new construction.
(1)
A walk-up apartment building is a special exception in the R-2 Zone only, and shall be connected to public water and sewer systems.
(2)
The minimum lot area for an apartment building shall be 21,780 square feet and the minimum lot area per apartment shall be 1,000 square feet.
(3)
Each apartment shall have access either directly to the outside at grade or to a hallway or hallway and stairs in a fire tower, leading directly to the outside at grade.
(4)
Each apartment shall contain, for the exclusive use of its occupants, a complete bathroom (sink, toilet and shower or tub) in a separate room, as well as stove or cooktop, refrigerator and food preparation area.
(5)
Each apartment shall contain, exclusive of common hallways, stairs, utility or storage rooms and integral garage, at least the following minimum floor areas.
(a)
One-person occupancy apartment: 200 square feet;
(b)
One-bedroom apartment: 320 square feet;
(c)
Two-bedroom apartment: 450 square feet.
(6)
Separation of buildings. Where more than one building occupies a lot, each building shall be separated from adjacent apartment buildings by at least the following distances.
(a)
Long walls of buildings face each other: 35 feet;
(b)
Short walls face each other and contain apartment windows: 25 feet;
(c)
Short walls face each other and contain no apartment windows: 15 feet;
(d)
Long wall faces short wall with no windows: 20 feet;
(e)
Long wall faces short wall with apartment windows: 30 feet.
E.
Townhouses (attached single-family dwellings).
(1)
A building containing townhouses is a permitted use in the R-2 Zone only and shall be connected to public sewer and water systems.
(2)
The minimum lot area for a townhouse building shall be 21,780 square feet, and the minimum lot area per townhouse shall be 2,722 square feet.
(3)
No more than eight townhouses shall be in a building. No part of one townhouse shall occupy space above or below another townhouse.
(4)
Each townhouse shall contain not less than 600 square feet of floor area and have two means of egress directly to the outside.
(5)
Separation of buildings. Where more than one building occupies a lot, they shall be separated from adjacent buildings as required by § 330-45D(6).
(6)
In the event that any or all townhouses are to be sold individually, the owner of the building or group shall establish a condominium association, to which all successor owners, and the original owner as long as he/she owns any townhouses, must belong. The association shall have the power to annually levy and collect assessments from the owners to operate the services and accept the responsibilities of property ownership formerly solely the obligations of the original owner. The association's bylaws shall be reviewed by the Township Solicitor to determine that the interests of the Township and owners are protected.
F.
Apartments in mixed used buildings.
(1)
Apartments may be located on the second or second and third floors of a building in the C Zone as a special exception if the first floor is devoted to retail and service uses. An apartment occupied by the owner of the building or by the owner of a retail business in the building may be located anywhere within a building that contains the business owner's premises.
(2)
There shall be at least 1,500 square feet of lot area for each apartment, and the size and furnishing of each apartment shall be as required by § 330-45D(4) and (5) above. Access to apartments and separation of buildings shall be as required by § 330-45D(2) and (3).
(3)
Parking to serve the apartments shall be in addition to that required on the lot for the retail and service businesses.
G.
Dwellings in commercial and industrial zones.
(1)
Businesses developing property in the C or I Zone need not provide bufferyard screening along a lot boundary common with a second lot containing a dwelling also in the C or I Zone or directly across an intervening street from such a lot.
(2)
If a lot was recorded prior to the adoption of this chapter, is within a C or I Zone, does not abut other lots in the same ownership or abuts a second lot already in residential use, and is too small, narrow or steep to accept a use permitted in the C or I Zone, depending on which zone the lot is in, the lot may be developed for one only single-family detached dwelling.
H.
Nursing homes and retirement communities.
(1)
Nursing homes are a permitted use in the R-2 Zone and a conditional use in the A/R and R-1 Zones. Retirement communities are a permitted use in the R-1 and R-2 Zones and a conditional use in the A/R Zone.
(2)
Any nursing home or retirement community development in the R-1 or R-2 Zone shall be connected to both public sewer and public water lines.
(3)
A development that contains nursing home, assisted living facilities and retirement apartments will be favored over separate scattered developments.
(4)
The following standards shall govern nursing home and retirement community development by zone:
A/R | R-1 | R-2 | |
|---|---|---|---|
Minimum lot size in acres (1 acre is 43,560 square feet) | 9 | 3 | 1 |
Minimum lot area per residential room in square feet | 7,500 | 2,000 | 1,000 |
Setback of building from all lot lines in feet | 50 | 35 | 25 |
(5)
Within but abutting the side and rear yards of any nursing home or retirement community, the developer shall place a landscaped planting meeting the requirements of § 330-42K(3)(b) and (c) above.
(6)
Before a nursing home or assisted living facility may open, it shall have received all applicable permits from the State Department of Human Services.
I.
Group homes and personal care homes.
(1)
Group homes and personal care homes are permitted uses in the A/R and R-2 Zones.
(2)
Neither a group or a personal care home shall be construed as a fraternity or sorority house, as a residence of a cult or similar group, or a facility to house those recovering from drug or alcohol abuse or on prison work release or making the transition from prison to community life.
(3)
Before a group home or personal care home may open, the operator shall have received all applicable permits from the State Department of Human Services.
J.
Housing in flood-prone areas.
(1)
Any new housing or additions to existing housing within the special flood hazard areas, as shown on the Flood Insurance Rate Maps as prepared by the Federal Emergency Management Agency and dated August 17, 2005, shall be subject to the Township's floodplain regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The lowest floor elevation shall be at least 1 1/2 feet above the base flood elevation line closest to the proposed construction as shown on the Flood Insurance Rate Maps. No fully enclosed space shall be permitted below the lowest floor elevation.
(3)
Buildings shall be placed so that the long wall is as nearly parallel as possible to the flow of the creek.
(4)
If the dwelling is occupied only part-time, the owner shall file his name and the phone number of his permanent home with the Township Secretary in the event of an emergency.
(5)
All movable objects on the property should be placed inside the dwelling when the owner or any occupants are not in residence.
K.
Elder cottages.
[Added 3-9-2005]
(1)
An elder cottage, as herein defined, shall be permitted in all zoning districts which allow for single-family dwellings.
(2)
An elder cottage may be provided which demonstrates that a hardship would occur if such use was not permitted.
(3)
The elder cottage must be removed when it can no longer serve the occupant as herein defined. Such cottage will be provided for and removed by agreement.
(4)
Prior to permit issuance, adequate documentation must be provided to demonstrate the sewage needs can adequately be met. All minimum setback requirements of the district or location must be met.
§ 330-46 Special residentially related uses.
A.
No-impact home-based business.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Home occupations are a permitted accessory use within a single-family detached dwelling in the A/R, R-1 and R-2 Zones, operated by the occupants of the dwelling. No addition shall be made to either the dwelling or any accessory building to accommodate the home occupation.
(2)
Only two persons not resident in the dwelling may be employed in a home occupation.
(3)
A business conducted entirely electronically, with no customer appointments at the dwelling or product shipping or delivery to or from the dwelling, or incidental office work in connection with a business conducted elsewhere, shall not be considered a home occupation, provided that no person not resident in the dwelling is involved.
(4)
No dwelling containing a home occupation shall be expanded to accommodate an occupation, and there shall be no outside indication of the occupation except for required parking spaces and one sign not more than three square feet in area, each face, attached to a post, fence or the dwelling.
(5)
Before opening for business, the owner of a home occupation shall secure a permit from the Zoning Officer attesting that all requirements of this Subsection A have been met.
(6)
Types of uses that are appropriate as home occupations.
(a)
Service uses are encouraged when they are provided to individuals on an appointment basis, or businesses conducted by mail, phone or electronic communication.
(b)
Individual barbers, beauty operators, lawyers, accountants, real estate and insurance sales persons, architects, designers, engineers, surveyors, seamstresses, tailors, interior decorators and individual contractors or substantially similar uses.
(c)
Day care for three or fewer persons not related to the operator with the approval of the State Department of Human Services.
(d)
Contractors shall not store materials or equipment outside or prepare components for installation off the premises but may park one four-wheel vehicle with trailer, used in the business, on the lot.
(e)
Musical instrument or singing lessons to individuals but only between the hours of 9:00 a.m. and 9:00 p.m. daily.
(f)
Retail sales are permitted, subject to the same parking and sign requirements as home occupations.
B.
Day-care centers.
(1)
Day-care centers are a conditional use in the A/R Zone, special exception in the R-2 Zone and a permitted use in the C zone.
(2)
Any day-care center shall have received approval from the State Department of Human Services prior to opening.
(3)
No day-care client shall remain on the premises for more than 12 consecutive hours in any day.
(4)
A dropoff and pickup location shall be provided on the property, with traffic moving through it in one direction.
C.
Home businesses.
(1)
A home business may be operated by the owners of a property within the Agricultural/Residential Zone District as a conditional use.
(2)
The application for a home business shall include a detailed description of the proposed business, as well as a scaled site plan showing the entire property and location of existing ad proposed buildings and structures on the property to be used in the business, parking areas, access driveways and outdoor use areas to serve the business.
(3)
The property on which the home business is located shall also include the single-family detached residence occupied by the owner-operator of the business.
(4)
All aspects of the business, except the access driveway, shall be located not closer than 250 feet from any front, side or rear property line or public street.
(5)
The building or buildings containing the business, whether existing or proposed, plus any outdoor use areas supporting the business, shall not occupy more than 2% of the total property area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
An active farming operation may also occur on the property.
(7)
Not more than five persons not residing in the dwelling on the property may be employed in the business.
(8)
The business buildings and outside areas used in the business shall be screened from the view of residences on adjacent properties and from public streets by dense evergreen hedging, natural woods, changes of grade or any combination that will hide the business buildings and outside use areas.
(9)
The business premises may not be subdivided from the original property or operated by or leased to operators not residing in the dwelling on the property.
(10)
Access to the business should be over the same driveway serving the dwelling.
(11)
One freestanding sign not more than 12 square feet in area on each of two faces may be placed on the front yard area of the property to advertise the business.
(12)
No noxious odors, smoke, noise, vibration, electrical or electromagnetic interference, or glare shall be discernible beyond the boundaries of the property on which the business is located.
D.
Church or other place of worship.
(1)
The institution shall have vehicular access to a street that connects to other streets on each end.
(2)
The complex may include, in addition to the sanctuary, a church school, day-care center, social hall and kitchen, gymnasium, offices, playground and parking lots. The home of the pastor, priest or rabbi shall be the only residence on the property.
(3)
If the height of the sanctuary exceeds 30 feet, the building shall be set back an additional one foot from front, side and rear lot lines for each foot of height over 30 feet.
(4)
If the institution proposes to expand beyond what was approved originally as a conditional use, or special exception was in place at the time of adoption of this chapter as a nonconforming use, the expansion proposal shall be subject to conditional use or special exception review.
E.
School.
(1)
The school shall have vehicular access to a street that connects to other streets on each end.
(2)
The school shall be a public or church-related state-accredited kindergarten, elementary, secondary or postsecondary school, or a public vocational-technical secondary school. For-profit business or trade schools are not permitted.
(3)
The facility may include, in addition to classrooms, library and gymnasium, offices, cafeteria, food preparation and storage spaces, outdoor recreation areas and parking lots. No residential facilities shall be located on the property.
(4)
If the school proposes to expand beyond what was approved originally as a conditional use, or special exception was in place at the time of adoption of this chapter as a nonconforming use, the expansion proposal shall be subject to conditional use or special exception review.
F.
Municipal and public facilities and utilities.
(1)
Within the Agricultural/Residential and Residential Zone Districts, only those buildings and structures that are needed for the efficient functioning of a particular public service or utility shall be permitted. These include, but are not limited to, emergency services stations, sewer pump or treatment facility, water storage vessel, electric and telephone substations, post office and municipal office. Other governmental offices, garages or storage yards are not permitted in these zones.
(2)
This subsection shall not apply to underground utility systems or overhead lines serving Franklin Township.
(3)
Lots needed to accommodate public facilities or utilities may be less in area or width than required as a minimum in the zone district where proposed, provided the lot purchaser binds itself and successors to not selling or using the lot for any purpose other than for utility or municipal use.
G.
Motels and bed-and-breakfast inns.
(1)
Each rental motel room shall contain at least 250 square feet, including an enclosed bathroom with sink, toilet and shower.
(2)
A motel complex may include restaurant, conference rooms and recreation facilities.
(3)
A bed-and-breakfast shall be located in a single-family detached dwelling, occupied as the principal residence of the dwelling owner.
(4)
Breakfast shall be the only meal served to paying guests at a bed-and-breakfast.
H.
Private clubs.
(1)
Such a club shall be established for the nonprofit benefit of its membership and involve a club building.
(2)
The club may be social, fraternal or athletic, and may include a golf course and/or other athletic facilities, a dining room, social hall, kitchen, offices, a pro shop, maintenance facilities and parking areas.
(3)
The home of the owner or of a caretaker shall be the only residence on the property.
§ 330-47 Special nonresidential uses.
A.
Automobile service station.
(1)
Access. No more than two access points shall be permitted from the public street abutting a service station, each approved as providing adequate sight distances for drivers entering and leaving the station. Where the station abuts more than one street, a total of three access points may be permitted, but no more than two on any street. Any access points shall be as distant as possible from street intersections, and as distant as possible from one another.
(2)
Canopy. Any canopy covering gasoline pumps shall be located so that no part of the canopy extends into the street right-of-way. Pump islands shall be set back at least 10 feet from the street right-of-way and at least 30 feet from all other property lines. Lighting attached to the underside of the canopy shall be fully inset into the canopy so that the light source is hidden from view at any point outside the property on which the station is located. No signage shall be attached above or to the underside of the canopy, and the canopy edge may carry only the logo of the gasoline available at the pumps.
(3)
Outside storage of vehicles. No more than five vehicles awaiting repair, inspection or insurance settlement shall be permitted on the premises at any time. No discarded parts shall be stored outside the building on the lot.
(4)
Any lighting of the station premises shall utilize cutoff luminary fixtures that are pole mounted, or other light source that is hidden from view off the property. Pole-mounted lights shall be not more than 20 feet above the ground surface.
B.
Convenience store.
(1)
The requirements for access, canopies and lighting in Subsection A shall also apply to convenience stores.
(2)
Where the business includes gas pumps and a store, the circulation of vehicles to and from the pumps and to and from the store parking spaces shall be clearly separated to minimize confusion, conflict and hazard.
C.
Drive-through business.
(1)
The approach to service windows shall be clear to patrons entering the premises and shall be separated as much as possible from the parking areas.
(2)
There shall be sufficient staking space for at least three vehicles approaching each service window entirely on the property and not within a parking aisle. No stacking shall occur in a public street right-of-way.
D.
Cellular or telecommunications towers.
(1)
The minimum area to be sold or leased for such a tower shall be not less than to allow a radial distance of 1/2 the tower's height, centered on the base of the tower, to be contained within the leased or sold area.
(2)
Before a new tower can be approved, the proposer shall provide documentation to the Township that it has been unsuccessful in obtaining a satisfactory location on an existing tower as a tenant, or on another elevated structure, such as a water tank or church spire, or that the proposer is unsuccessful in leasing space to erect a second tower on the same site as an existing tower.
(3)
The tower base, including buildings and structures on the ground and guy anchors, shall be surrounded by a chain-link fence at least six feet in height, with access through it via a gate capable of being locked. Access to the site may be over a recorded easement across property of others.
(4)
A tower shall be designed by a registered engineer who shall supervise the tower's erection. A monopole structure will be preferred rather than a lattice steel tower. The location of the tower shall be subject to approval by the Federal Aviation Administration, which may limit the tower's height and/or direct the tower owner to install warning lights.
(5)
Whether or not the tower site is purchased or leased, a subdivision plan for recording will be required, showing the site in relation to the property from which it will be removed, the location of the tower, buildings on the ground, guy anchors and fencing, as well as the tower height and the location of the access driveway and easement connecting to a public street. The subdivided lot for the tower may be less in area or width than required for lots in the zone district where the tower is proposed.
(6)
As a condition of approval, the owner shall commit to removal of the tower should it become obsolete or is abandoned and the return of the site to the property from which it was subdivided. The original owner shall be responsible for informing the Township of any change in ownership of the tower, and subsequent owners shall have the same responsibility.
E.
Overland public utility lines.
(1)
The developer of such a line shall provide evidence, in writing, that it has attempted, but failed, to secure a location within an existing utility right-of-way or abutting such a right-of-way.
(2)
Only the absolute minimum clearance of tree growth for the efficient functioning of the utility line shall be permitted in the right-of-way, and a hedge or existing undergrowth screening shall be placed or maintained on each side of a public street crossing the right-of-way to prevent a view along the cleared path.
(3)
For overhead utility lines, a series of monopoles rather than lattice steel towers shall be preferred.
F.
Auto repair business.
(1)
An auto repair business shall not be conducted as a home operation.
(2)
All repair work shall be done within a completely enclosed building. All discarded parts and equipment shall be stored inside the building.
(3)
Not more than five vehicles awaiting repair and/or insurance settlement shall be stored on the premises at any time.
(4)
The business may include towing and auto and auto parts sales, as well as truck, trailer, recreation vehicle or farm equipment repair and service.
(5)
All welding shall be done in a completely enclosed space without windows or skylights. Spray-painting shall be done in an approved paint booth.
(6)
Abandoned or junked vehicles and discarded parts shall be removed from the property for disposal elsewhere not less frequently than once every 90 days.
G.
Salvage yards. Any operation to store, dismantle, reduce and/or sell salvageable materials shall, in addition to being subject to Chapter 185, Junkyards, of the Township's Code, also adhere to the following requirements:
(1)
The yard management shall have in place a regular program to recycle and reduce stored materials.
(2)
The business shall be operated from a permanent building on the site to include office, restroom and sales room.
(3)
The salvage storage area shall be surrounded by a chain-link fence not less than six feet in height, with access through it controlled by one gate.
(4)
The owner of the salvage operation shall also be the owner of the underlying ground.
(5)
The operator shall keep the area containing salvage free of high vegetation and of rodent infestation at all times.
H.
Adult business.
(1)
An adult business shall be considered any activity intended to arouse sexual feelings in its patrons for a fee.
(2)
Such a business may be located in the I Industrial Zone District, but not within 500 feet of any land zoned residential/agriculture or residential, or any dwelling, school, school bus stop, church, playground or other adult business.
(3)
The owner of an adult business shall obtain a permit from the Township Secretary to open the business. The Board of Supervisors shall authorize the permit if the location meets the requirements of Subsection H(2) above. The permit shall be for a one-year period from the date the business opens, renewable annually. The Board may refuse to renew the permit if it finds that the operation of the business, conduct of patrons or complaints of residents and other businesses justify discontinuance. The Board shall inform the adult business operator of its concerns and may issue a probationary permit until complaints and/or conduct are corrected. The Board may attach a reasonable fee to the permit intended to cover the costs of monitoring the adult business.
I.
Commercial recreation.
(1)
Commercial recreation shall include any facility that provides an equipped space to carry out a physical activity for a fee, including but not limited to a health club, golf course, tennis courts, swimming pool, billiards or pool hall, or video games room, but not including a movie theatre, stage shows or bingo hall operated by an institution.
(2)
The arrangement of games and/or tables of an indoor establishment shall provide clear aisles leading directly to marked exit doors. Games and tables shall be separated to allow a free space of at least five feet separating any machine or table.
(3)
If any outdoor facilities are used at night, lighting shall be focused on the play area, and the light source shall not be visible from outside the property. Lighting shall be the minimum to adequately illuminate the play area without creating light trespass on abutting properties or public streets, and shall be turned off when the facility is not in use.
(4)
The only residence on the property shall be that of the owner or a caretaker.
J.
Outdoor sales and storage.
(1)
Outdoor sales shall include the retail sales of vehicles, mobile homes or mechanized equipment in a drive-away condition, or the sale of landscaping materials or farm produce. No part of an outdoor sales operation shall occur on a public street right-of-way.
(2)
Outdoor storage shall be considered an accessory use and shall include only raw materials or components to be used in a manufacturing process on the same property or finished products ready for shipment or sale. All stored materials that could be blown or washed away or could attract rodents shall be securely contained or covered. Any tanks containing liquids shall be surrounded by dikes with sufficient capacity to hold the maximum contents of the tank or tanks it ruptured. Outdoor storage shall not include storage of seasonal property, such as boats, campers, trailers, etc., on residential property.
(3)
Lighting of any outdoor sales lot or storage area shall be the minimum required for security. Pole-mounted lights shall be of the cutoff luminary type and shall not be placed more than 20 feet above ground level.
(4)
Any outdoor sales business shall be operated from a permanent building on the site to include offices and restrooms.
K.
Farm produce sales.
(1)
Sales shall occur from a permanent building with a floor area not greater than 3,000 square feet on a farm property.
(2)
There shall be off-street parking provided adjacent to the sales building. Any lighting shall be focused away from and not create glare upon the abutting street or adjacent properties.
L.
Extraction of minerals or soils.
(1)
Such activity shall include, in addition to removal of coal, gravel and stone, the grading of a site when not part of an approved development, creation of a borrow pit, or disposal of excess excavation from another site.
(2)
A permit shall be required for each extraction or earth movement project, issued by the Township for a one-year period, renewable annually. The application for a permit shall clearly show the property on which the work is to be carried out, the location on the property where the excavation or grading will occur, the type of work contemplated, contours at five-foot intervals indicating existing grades and proposed grades at the end of the job, access to the site from a public street, sequence of work if extended over more than one year, and methods to collect, store and release stormwater and to control erosion and sedimentation during work.
(3)
Before work commences, the operator shall have a valid state permit if the project involves removal of minerals.
(4)
Vehicular access to the site shall be controlled through one point, capable of being secured when the work is not in progress.
(5)
The operator shall post the edges of the area being worked, noting that a dangerous condition exists and warning trespassers away. If a steep slope or high wall will exist temporarily or permanently, the top of such a slope or high wall shall be fenced and posted.
(6)
The operator shall be responsible that trucks leaving the site are not overloaded and that spilled materials are removed from adjacent and nearby public streets at the end of each working day, but in no case less frequently than once every 24 hours while operations are in progress.
(7)
The Board of Supervisors may require the operator to post a bond favoring the Township to cover the cost of repair of Township-maintained roads used as access to and from the site.
§ 330-48 Fences and hedges.
Subject to the following conditions, fences may be erected along the boundaries of a lot.
A.
On any corner lot, no wall, fence, sign or other structure shall be erected or altered and no hedge, tree shrub or other growth shall be permitted which may cause danger to traffic on a street by obscuring the view.
B.
No solid hedge or growth shall be planted or permitted to grow higher than three feet in height on any property line so that the sight distance from any adjacent driveway onto a public highway or sidewalk is restricted.
C.
The following restrictions shall apply to any fence between the front and side building lines and any street:
(1)
No solid fence or wall shall exceed three feet in height in said area.
(2)
An ornamental fence may be erected to a maximum height of six feet, provided that the ratio of the solid portion of the fence to the open portion shall not exceed the open portion of the fence.
D.
This section shall not apply to fencing used in normal farming operations.
