Girard Township City Zoning Code
ARTICLE V
Supplementary Regulations
§ 200-50 Nonconforming uses and structures.
The following provisions shall apply to all nonconforming uses and structures. It is the intention of Girard Township that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as allowed in this section.
A.
Any nonconforming use may be continued, or may be changed to a use of the same or a more restrictive classification, but may not be extended or expanded unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter.
B.
Any nonconforming building which has been damaged or destroyed by fire or any other means may be reconstructed and used as before, if intent to rebuild is expended within six months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Board, a reconstructed structure may exceed its original lot coverage and cubic content but must meet the minimum yard requirements of the district in which the structure is located, and in such cases it must meet the off-street parking and loading requirements of this chapter.
C.
In the event that any nonconforming use voluntarily ceases, for whatever reasons, for a period of one year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this chapter.
D.
The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Zoning Administrator, be extended, enlarged or replaced if such expansion does not occupy an area greater than 30% more than the structure occupied prior to such expansion. Expansions of greater than 30% must be approved by the Zoning Hearing Board. Furthermore, such structures must meet the minimum yard regulations and height restrictions of the district in which the structure is located, and must meet all off-street parking and loading requirements of this chapter.
E.
Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter.
F.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
G.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this section shall also apply to any uses, which thereby become nonconforming.
§ 200-51 Existing lots of record.
Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this chapter, however, such lot must comply with the yard, height and coverage standards of the zoning district wherein it is located. Where two or more adjacent lots of record with less than the required area and width are held by one owner, on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board which may require replatting to fewer lots, which would comply with the minimum requirements of this chapter.
§ 200-52 Application of yard regulations.
A.
R-1, R-2 and R-3 Districts, where a structure exists on an adjacent lot and is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures.
C.
A wall or fence under six feet in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard. Retaining walls and fences required for screening under this chapter are not subject to the six-foot high limitation. Fences may be permitted in front yard areas, provided they are no higher than four feet. No fence may be on a lot line, in the right-of-way or in the free sight triangle (as defined by the Pennsylvania Department of Transportation). A zoning permit is required for all fences except those located in the A-1 Agricultural Districts or in the R-A Residential Agricultural Districts.
D.
E.
Small garden sheds, storage sheds and similar structures may be permitted in yard areas, provided such structure does not exceed 144 square feet and lies no closer than 10 feet to an abutting lot line. A maximum of one shed per lot is allowed without the necessity of obtaining a zoning permit.
F.
Unattached accessory structures for single-family residential dwellings:
(1)
A single-story accessory structure which is not attached to the principal structure on the lot by means of common wall or connecting permanent roof may be erected within one of the side yards or within the rear yard in accordance with the following requirements:
(2)
However, any such accessory structure in excess of 144 square feet so erected shall submit to the Zoning Administrator a plan for drains, gutters, sumps, or grading which will assure no runoff from the building will enter a neighboring property.
§ 200-53 Height limitations.
A.
When the following conditions are met, height limits may be increased:
(1)
Structure height, in excess of the height permitted above the highest ground level allowed in any district may be increased, provided all minimum front, side and rear yard depths are increased by one foot for each additional foot of height, however, such increase shall be limited to no more than 10 additional feet.
(2)
The following structures are exempt from height regulations, provided they do not constitute a hazard: church spires, chimneys, elevator bulk heads, smoke stacks, conveyors, flag poles, agricultural barns, silos and similar farm structures, standpipes, elevated water tanks, derricks, windmills and similar structures.[1]
B.
However, for the above structures, all yard and setback requirements must be met; in addition, any structure with a height in excess of 50 feet will be first referred to the applicable Volunteer Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the Board.
§ 200-54 Off-street loading and parking.
Off-street loading and parking spaces shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing one is enlarged.
A.
Off-street loading:
(1)
Every use listed in the following table shall provide off-street loading berths in accordance with its size.
Off-Street Loading Space Requirements | |||
|---|---|---|---|
Use | Berth | ||
Industrial: | |||
Manufacturing | 5,000 | ||
Warehouse | 10,000 | ||
Storage | 10,000 | ||
Commercial: | |||
Wholesale | 20,000 | ||
Retail | 20,000 | ||
Service establishment | 30,000 | ||
Restaurants | 30,000 | ||
Office building | 30,000 | ||
Hotel | 10,000 | ||
Institutional: | |||
Schools | 10,000 | ||
Hospitals | 30,000 | ||
Nursing homes | 30,000 | ||
Public buildings: | |||
Auditoriums | 30,000 | ||
Arenas | 30,000 | ||
NOTE: All figures are given in gross feet of floor area for each listed use. |
(2)
Size and access. Each off-street loading space shall be not less than 10 feet in uniform width and 65 feet in length. It shall be so designed so the vehicles using loading spaces are not required to back onto a public street or alley. Such spaces shall abut a public street or alley or have an easement of access thereto.
B.
Off-street parking.
(1)
Size and access. Off-street parking spaces shall have a uniform area of 200 square feet, being at least 10 feet wide and 20 feet long. These uniform sizes shall be exclusive of access drives or aisles, and shall be in usable shape and condition. Access aisles shall be a minimum of 20 feet wide in the case of angle parking and 25 feet wide in the case of perpendicular or parallel parking. Except in the case of single-family dwellings, no parking area shall contain less than three spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be consistent with requirements for private streets in Chapter 174, Subdivision and Land Development. Access to off-street parking areas shall be limited to well-defined locations, and in no case shall there be unrestricted access along a street.
(2)
Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply. If no similar uses are mentioned, the parking requirements shall be one space for each two proposed patrons and/or occupants of that structure. Where more than one use exists on a lot, parking regulations for each use must be met, unless it can be shown that peak times will differ.
Parking | |||
|---|---|---|---|
Use Spaces | Required Parking | ||
1. | Auto sales and service | 1 for each 200 square feet GFA | |
2. | Service stations | 1 for each 200 square feet GFA | |
3. | Single-family dwelling and duplex | 2.0 per dwelling unit | |
4. | Multifamily dwelling | 2.5 per dwelling unit* | |
5. | Mobile home parks | 2.0 per each space | |
6. | Hotels and motels | 1 per guest room** | |
7. | Funeral home and mortuaries | 25 for the first parlor, 10 for each additional parlor | |
8. | Hospitals | 1 per each bed** | |
9. | Nursing homes | 1 per each 3 beds** | |
10. | Churches | 1 per each 4 seats | |
11. | Schools | 1 per each teacher and staff, 1 for each 4 classrooms, plus 1 for each 4 high school students | |
12. | Sports arenas, stadiums theaters, auditoriums, assembly halls | 1 per each 3 seats | |
13. | Community buildings, social halls, dance halls, clubs and lodges | 1 space for each 60 square feet of public floor area | |
14. | Roller rinks | 1 space for each 200 square feet GFA | |
15. | Bowling alleys | 5 per alley | |
16. | Banks and offices | 1 for each 250 square feet GFA | |
17. | Medical office and clinics | 8 spaces per doctor | |
18. | Dental offices | 5 spaces per doctor | |
19. | Retail stores | 1 per each 200 square feet GFA | |
20. | Fast food/drive-through restaurants | 1 per each 2 patron seats** | |
21. | Furniture stores | 1 per each 400 square feet GFA | |
22. | Food supermarkets | 1 per each 200 square feet GFA | |
23. | Trailer and monument sales | 1 per each 2,500 square feet of lot area | |
24. | Restaurants, taverns and nightclubs | 1 for each 2.5 patron seats | |
25. | Industrial and manufacturing establishments, warehouses, wholesale and truck terminals | 1 space per employee, on the largest shift, plus 1 space for each 10,000 square feet for visitors | |
26. | Commercial recreation (not otherwise covered) | 1 space for every 3 persons permitted in maximum occupancy | |
* | Multifamily units devoted to the elderly shall only be required to provide 0.5 parking space per unit. Such uses must supply adequate proof they will be dedicated to elderly tenants and shall be required to follow normal parking standards if they revert to nonelderly use | |
** | Plus one space per employee and staff on major shift. | |
NOTE: GFA means gross floor area. | ||
(3)
Location and parking. Required parking spaces shall be located on the same lot with the principal use.
(4)
Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on any side which adjoins a residential district (see definition of "screening") or use. In addition, there shall be a planting strip of at least five feet between the front lot line and the parking lot. Such planting strip shall be suitably landscaped and maintained.
(5)
Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property line containing a dwelling, residential district, school, hospital, or similar institution.
(6)
Surfacing. With the exception of single-family and two-family dwellings, all parking and loading areas and access drives shall have a dust-free surface, graded with positive drainage to prevent the flow of surface water onto neighboring properties. Parking areas larger than 10,000 square feet shall submit a plan, including drainage provisions, to the Township for approval. Lots shall be designed to provide for orderly and safe loading and parking.
(7)
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district or use and away from roads or highways.
§ 200-55 Signs.
The following sign regulations shall be observed in all districts:
A.
The following signs shall be permitted in all districts, and no permit shall be required to erect such signs, provided such signs are not erected or placed in any public right-of-way:
(1)
Temporary signs announcing a campaign, drive or event of a civic, political, philanthropic, educational or religious organization, provided such sign shall not exceed 32 square feet in area.
(2)
Signs offering the sale or rental of the premises upon which the sign is erected, provided that the area of any such sign shall not exceed six square feet and not more than one such sign shall be placed on the property unless such property fronts on more than one street, in which case one sign may be erected on each street frontage.
(3)
Temporary signs of contractors, developers, architects, engineers, builders and artisans, erected and maintained on the premises where the work is being performed, provided that the area of such sign shall not exceed 32 square feet, and provided that such sign shall be removed upon completion of the work.
(4)
No trespassing signs, signs indicating the private nature of a road, driveway or premises, signs controlling fishing or hunting on the premises, provided that the area of such sign shall not exceed four square feet.
(5)
Signs advertising the sale of agricultural products. Such signs shall not exceed 32 square feet in area.
B.
No signs shall be permitted within street lines, except traffic signs and similar regulatory notices placed by a duly constituted governmental body.
C.
Directional and information signs, not exceeding two square feet in area and used for the direction and protection of the public, shall be permitted in all districts.
D.
Construction and maintenance. All signs shall be constructed in a workmanlike fashion using durable materials. Signs shall be designed and constructed to withstand wind forces and in accordance with appropriate mechanical or electrical standards. The owners of signs shall keep them in safe and good repair. Signs that become deteriorated or otherwise present a public hazard shall be removed or repaired by the sign's owner. If the owner of a sign cannot be found or identified, the owner of the property whereon the sign is located shall be responsible for its repair or removal.
E.
No sign structure erected directly upon the ground within 15 feet of the front lot line shall have less than three feet six inches of clear space between such sign and the ground; however, necessary supports may extend through such open space.
F.
All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair.
G.
Nonconforming signs, once removed, shall be replaced only with conforming signs. Nonconforming signs may be repainted or repaired, providing such repainting or repairing does not exceed the dimensions of the existing sign.
H.
Each use may have a combination of freestanding, roof, or wall signs meeting the standards of the following table. For the RA, A-1, LB, R-1, R-2, R-3, I-1, and I-2 Districts, aggregates shall be calculated based upon per-lot basis.[2]
Zoning District | A-1/RA/LB | R-1/R-2/R-3 | C-1 | I-1/I-2 | |
|---|---|---|---|---|---|
Signage area permitted | Aggregate of 64 square feet, 2 signs per property | Aggregate of 32 square feet, 2 signs per property | Aggregate of 400 square feet | Aggregate of 96 square feet | |
Maximum area per sign | 32 square feet | 16 square feet | 144 square feet | 64 square feet | |
Maximum height per sign | 12 feet | 7 feet | 35 feet | 12 feet | |
Setback | 10 feet from R-O-W, 20 feet from property lines | 10 feet from R-O-W, 20 feet from property lines | 10 feet from R-O-W, 20 feet from property lines | 10 feet from R-O-W, 20 feet from property lines | |
Illumination | By conditional use | By conditional use | Internal or external | Internal or external |
I.
Billboards. Billboards shall be permitted as a conditional use in the C-1, A-1 and RA Districts, provided:[3]
(1)
Such signs shall not be placed within 150 feet of another on the same side of the road or 100 feet of another on the opposite side of a road.
(2)
Such signs shall not be placed within 250 feet of any residence, church, school or similar edifice.
(3)
In the agricultural districts, such signs shall not be placed within 250 feet of any road intersection, or at a curve or at any place where vehicular line-of-sight could be partially or completely obstructed.
(4)
In the A-1 and RA Districts that border I-90 and all of C-1, signs shall not exceed 250 square feet when viewed from its widest silhouette.
(5)
Evidence is shown of compliance with all applicable regulations of the Pennsylvania Department of Transportation.
(6)
No billboard shall be erected within 300 feet of Route 5 (the Seaway Trail).
§ 200-56 Flood hazard areas.
The Township of Girard has adopted an ordinance regulating development within floodplains. All development within designated areas is required to follow the regulations contained in Chapter 100, Floodplain Management, of the Code of the Township of Girard.
§ 200-57 Individual mobile homes or temporary residences. [1]
A.
Individual mobile homes shall be permitted on individual lots only if they meet the PA UCC requirements.
B.
One mobile home shall be permitted by conditional use as an accessory use or temporary residence to a dwelling, provided:
(1)
The accessory mobile home must be occupied by a person or persons related by blood, marriage, or adoption to at least one occupant of the preexisting residence. Such relationships shall include in-law relationships, regardless of death or dissolution of marriage.
(2)
The total lot area shall meet the requirements of the district in which the unit is to be placed. Both units shall meet all yard requirements, except that the mobile home shall be no closer than 20 feet to the preexisting dwelling on the same lot. If the mobile home is placed to the rear of the principle dwelling, a driveway shall give equal access to both units.
(3)
If the mobile home or temporary residencies no longer occupied by a person related by blood, marriage or adoption, it shall be removed from the lot within 12 months of abandonment.
§ 200-58 Screening.
A.
The following screening shall be employed where required by conditional use, special exception or any supplementary regulation of this chapter.
(1)
Type I screening: to consist of a double row of Norway spruces planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet at the time of planting. Trees that die shall be replaced within six months. As an alternative to the double row of Norway spruces, the developer shall maintain a fifty-foot wide buffer yard of natural vegetation sufficient for screening. This buffer area shall not be used for parking or other uses. This buffer yard should maintain natural vegetation unless such vegetation is considered insufficient for shade screening, stormwater management or erosion control. In such case, the planting standards shall be 28 conifer and eight deciduous trees per each 5,000 square feet of yard area. Trees shall be a minimum of six feet at planting and replaced within six months of death.[1]
(2)
(3)
Type III screening: type III screening shall consist of both type I and type II, for a total width of no less than 65 feet.
B.
Alternate landscaping plans. The Township Board may consider alternative forms of screening subsequent to review by the Planning Commission.