Hemlock Township City Zoning Code
PART 5
SUPPLEMENTARY LOT REGULATIONS
§ 27-501 Purpose.
[Ord. No. 8-9-2005, 8/9/2005, § 500]
The provisions of this Part represent standards and regulations that shall be applied to all uses in addition to those established for the applicable zoning district. These regulations are to be used either in common in all zoning districts or are to be applied to specific situations as stated herein.
§ 27-502 General Lot Requirements.
[Ord. No. 8-9-2005, 8/9/2005, § 501]
1.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established in Part 3, the District Regulations, of this chapter. In addition, all provisions set forth for lots in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22] shall be met.
2.
Every principal building hereinafter erected shall be located on a lot as defined. There shall not be more than one principal residential building and its accessory structures on one lot, except in the case of multifamily housing developments, mobile home parks, or other land developments approved pursuant to the requirements of the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22].
3.
Every lot created hereafter shall be adjacent to a public street or shall have access to a public street via a private street or right-of-way approved pursuant to the requirements of the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22].
4.
Lot width shall be measured at the minimum required front setback line, except that lots located on cul-de-sac turnarounds or curves in the road or lots of unusual shape may have widths less than those required, provided that the average of the front and back lot line is equal to or greater than the required lot width. In no case, however, shall the front lot line have a width of less than 50 feet measured at the front setback line.
5.
No portion of a lot included in a street right-of-way shall be included in calculating the lot's area.
6.
No space applied or necessary under this chapter to satisfy the yard and area requirements in relation to any building or use, whether now or subsequently built or conducted, shall be counted or used as part of the required open space or area in relation to any other building or use.
§ 27-503 Yard Requirements.
[Ord. No. 8-9-2005, 8/9/2005, § 502]
1.
Projections.
A.
Chimneys, fireplace flues, air conditioner condenser units, cornices, eaves, gutters, steps, or bay windows may project into any required yard, but not more than 24 inches.
B.
Porches, patios, decks, loading docks, and attached carports, whether enclosed or unenclosed, shall be considered part of the main building and shall not project into any required yard.
2.
Front Yards.
A.
Front yard setbacks shall be as set forth in Part 3, the District Regulations, and shall be measured from the edge of the adjoining street right-of-way or from the street center line, whichever is greater. Where however, a lot has no road frontage, the front yard setback shall be measured from the edge of the front property line, or in the case of a "flag lot," the front yard requirement shall be measured from the edge of the longest lot line opposite the rear lot line.
B.
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard, the front yard of such unimproved lot may be the same depth as the average of the two adjacent improved lots.
C.
Where an addition is proposed for an existing principal residential building which extends into the required front yard setback area, the addition may be authorized by the Zoning Officer so long as the addition extends no further into the required front yard than the existing structure and is no closer than 10 feet to the edge of the adjoining street right-of-way (or front property line where the lot has no road frontage).
D.
Accessory buildings or structures may not be erected or located within any required front yard setback area, except for fences (as provided in § 27-505, Subsection 3, below), signs (as regulated in Part 7), or as may be provided otherwise in Part 4, the supplementary use regulations, for specific uses. (See also § 27-505, Subsection 2, for additional standards pertaining to accessory buildings or structures.)
3.
Side Yards.
A.
Side yards shall be measured from the edge of the side property line or from the edge of the right-of-way of any adjoining street or alley.
B.
On a corner lot, the side yard abutting the street shall have a width equal to the required front yard depth for the district in which the lot lies.
C.
Where an addition is proposed for an existing, principal residential building which extends into the required side yard setback area, the addition may be authorized by the Zoning Officer so long as the addition extends no further into the required side yard than the existing structure; it does not obstruct the clear sight triangle of an intersection; and, it is no closer than 10 feet to any property line nor closer than 20 feet to the center line of any adjoining alley.
D.
Accessory buildings or structures may not be erected or located within any required side yard setback area, except for fences (as provided in § 27-505, Subsection 3, below), signs (as regulated in Part 7), or as may be provided otherwise in Part 4, the Supplementary Use Regulations, for specific uses. Where a side yard is adjacent to an alley, all accessory structures shall be set back a minimum of 20 feet from the center line of the alley. (See also § 27-505, Subsection 2, for additional standards pertaining to accessory buildings or structures.)
4.
Rear Yards.
A.
Rear yards shall be measured from the rear property line or from the edge of the right-of-way of any adjoining street or alley.
B.
Where an addition is proposed for an existing, principal residential building which extends into the required rear yard setback area, the addition may be authorized by the Zoning Officer so long as the addition extends no further into the required rear yard than the existing structure; it does not obstruct the clear sight triangle of an intersection; and, it is no closer than 10 feet to any property line nor closer than 20 feet to the center line of any adjoining alley.
C.
Accessory buildings or structures may be erected or located within a rear yard, but only as set forth in Part 3, the District Regulations. No accessory buildings or structures shall however be located within a required rear yard setback area except for fences (as provided in § 27-505, Subsection 3, below), signs (as regulated in Part 7), or as may be provided otherwise in Part 4, the Supplementary Use Regulations, for specific uses. Where a rear yard is adjacent to an alley, all accessory structures shall be set back a minimum of 20 feet from the center line of the alley. (See also § 27-505, Subsection 2, for additional standards pertaining to accessory buildings or structures.)
§ 27-504 Height Regulations.
[Ord. No. 8-9-2005, 8/9/2005, § 503]
1.
The maximum height regulations set forth in Part 3, the District Regulations, shall not apply to spires, belfries, cupolas, chimneys, ventilators, skylights, flag poles, utility poles, solar collectors or related equipment, and ornamental or other necessary mechanical appurtenances normally associated with homes, churches and similar establishments. Such appurtenances shall, however, be erected to such height as is necessary to accomplish their intended purpose and shall not be used for human occupancy.
2.
Proposals to exceed the maximum height limitations set forth in Part 3, the District Regulations, in the Suburban Residential, Urban Residential, General Commercial or Interchange Commercial Districts shall require approval of the Township Supervisors.
3.
Agricultural or industrial structures such as barns, silos, grain elevators, water storage or cooling tanks, discharge stacks, or similar types of structures generally erected to heights exceeding the maximum limits established in the District Regulations for the zones where they may be located, may also exceed the designated height regulations, provided that such appurtenances are erected only to such height as is necessary to accomplish their intended purpose, and in the case of structures being proposed for location in or adjacent to a Residential District, are set back a distance equal to their height from all property lines.
5.
Notwithstanding any of the exceptions outlined above, the location and height of all structures shall be in accordance with all applicable rules, regulations, standards and criteria of the U.S. Department of Transportation, Federal Aviation Administration.
§ 27-505 Miscellaneous Regulations.
[Ord. No. 8-9-2005, 8/9/2005, § 504; as amended by Ord. No. 11-11-2014, 11/11/2014]
1.
Two or More Principal Uses in Same Building. When two or more principal uses occupy the same building (not including home occupations as defined in § 27-429) sufficient parking spaces, lot area, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or authorized as part of a land development approved pursuant to the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
2.
Accessory Buildings or Structures. An accessory building(s) or structure(s) may be maintained in conjunction with a permitted, principal use provided that the following standards are met:
B.
In the Suburban Residential, and Urban Residential Districts, no accessory structure, utility shed, or swimming pool shall be located in front of the front building line of its principal structure.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
C.
No manufactured housing, mobile home units, buses, van bodies, or truck trailers may be used as accessory buildings or structures, except that shipping containers may be permitted for storage in Agricultural Districts, and temporary storage trailers may be permitted in the General Commercial, Interchange Commercial, and Industrial Districts. (See also § 27-433 of this chapter for standards pertaining to accessory warehousing and storage facilities.)
[Amended by Ord. No. 03-09-2021, 3/9/2021]
3.
Fences, Walls and Barrier Netting.
A.
Fences, walls or barrier netting may be permitted to be located within any of the required yard setback areas, unless otherwise restricted or prohibited by provisions of this chapter.
B.
Fences, walls or barrier netting erected in a Rural Residential, Suburban Residential, Urban Residential or Urban Residential-1 District shall not exceed three feet in height when located within a required front yard and no more than six feet in height when located within a required side or rear yard. In any other district, security fencing may be permitted up to 10 feet in height.
C.
In no case shall a fence, wall or barrier netting be erected which could cause danger to traffic on a street or road (whether public or private) by obscuring a driver's view or which does not comply with the clear sight triangle requirements contained in Subsection 4.
4.
Clear Sight Triangle Requirements. No obstruction or planting measuring higher than 30 inches or hanging lower than 10 feet above the established grade or the street at the property line shall be permitted within the clear sight triangle of any street intersection. A clear sight triangle shall be defined as that area of unobstructed vision at a street intersection formed by lines of sight between points at a given distance from the intersection of the street center lines. These distances shall be as follows:
A.
For the intersection of a local street and an alley or two local streets, the distance from the intersection of the street center lines shall be 50 feet.
B.
For the intersection of a local street and a collector street, the distance from the center line intersection shall be 100 feet.
C.
For the intersection of two collector streets, the distance required shall be 150 feet.
5.
Maximum Building Coverage. The percentage of land covered by principal and accessory buildings or structures on each lot shall not be greater than is permitted in Part 3, the District Regulations, for the district in which the lot is located. For the purposes of this chapter, swimming pools shall be excluded from the calculation of minimum building coverage.
6.
Maximum Impervious Surface. The percentage of the lot covered by impervious surfaces, including buildings, structures, and any area in asphalt, concrete or similar materials which will not absorb water (including parking lots, driveways, roads, and sidewalks) shall not be greater than is permitted in Part 3, the District Regulations, for the district in which the lot is located.
7.
Erosion and Sedimentation Control. All erosion and sedimentation control requirements set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22] and the Department of Environmental Protection's 25 Pa. Code, Chapter 102, "Erosion Control," or as may hereafter be amended, shall be met to the satisfaction of the Township Zoning Officer prior to the issuance of a zoning permit.
8.
Drainage and Stormwater Management. All drainage and stormwater management standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22], Act 1978-167, 32 P.S. § 680.1 et seq. (the Pennsylvania Stormwater Management Act), and any Watershed Stormwater Management Ordinance [Chapter 23] in effect in Hemlock Township or as may hereafter be enacted, shall be met to the satisfaction of the Township Zoning Officer prior to the issuance of a zoning permit.
9.
Outdoor Lighting. All outdoor flood lighting and spot lighting, whether on public or private premises, shall be mounted and shielded to effectively eliminate direct glare on adjacent properties or on public streets. No moving or flashing lights shall be permitted in any zoning district.
§ 27-506 Buffer Yards/Landscaping.
[Ord. No. 8-9-2005, 8/9/2005, § 505]
1.
Where a commercial or industrial use (commenced after the effective date of this chapter) abuts a residential district, a buffer yard of at least 50 feet shall be required, unless provided otherwise in Part 4, the Supplementary Use Regulations. Such buffer yard shall be a part of the commercial or industrial installation and shall be parallel and adjacent to the residential district boundary.
2.
Where a commercial or industrial use (commenced after the effective date of this chapter) abuts another lot in the commercial or industrial district, a buffer yard of 10 feet shall be required.
3.
All required buffer yards shall be planted and maintained with vegetative material, such as grass, sod, shrubs, or other evergreens. Where required within or in place of buffer yards, screening shall be accomplished in accordance with § 27-507 below.
4.
A buffer yard may be considered as part of the required yard space.
5.
No structure, storage of materials, or off-street parking and loading areas shall be permitted within any required buffer yard; however, utilities and access drives may cross such yards, but shall do so as closely to perpendicular as possible.
§ 27-507 Screening.
[Ord. No. 8-9-2005, 8/9/2005, § 506]
1.
Where required, screening may be accomplished through the use of any one or a combination of the following methods:
A.
Screen Plantings.
(1)
Screen planting shall be provided as set forth in Part 4, the Supplementary Use Regulations, or where determined necessary by the Township Supervisors or Zoning Hearing Board, as applicable, to serve as barrier to visibility, glare, and/or noise between adjacent properties.
(2)
Plant or vegetative materials, including shrubs or evergreens, used in screen plantings shall be of such species as will produce, within two years, a complete visual screen six feet in height and shall be of such density as is necessary to achieve the intended purpose.
(3)
Screen planting shall be maintained permanently by the lot owner, and any plant material which does not live shall be replaced within one year.
(4)
Screen planting shall be placed so that, at maturity, it will be no closer than five feet to any street right-of-way or property line.
(5)
Screen planting shall be broken only at points of vehicular or pedestrian access or utility easements. In accordance with the provisions of § 27-505, Subsection 4, however, a clear sight triangle must be maintained at all street intersections.
(6)
Where a commercial or industrial use abuts an existing residential use or residential district, all required screen plantings shall extend the entire length of the common boundary.
B.
Fences or Walls.
(1)
In lieu of, or in addition to, screen plantings as set forth above, the Township Supervisors or Zoning Hearing Board, as applicable, may consider the use of a fence or wall as an acceptable barrier to potentially objectionable noise, glare, and/or visibility between adjacent properties.
(2)
Fences or walls used to provide required screening shall be at least six feet in height and be of such type as is necessary to achieve the intended purpose.
(3)
Fences or walls used to provide required screening shall meet the requirements set forth in § 27-505, Subsection 3, of this chapter.
(4)
Any fence or wall used to provide required screening shall be owned and maintained in a structurally sound condition by the property owner.
C.
Berms or Other Natural Landforms.
(1)
In lieu of, or in addition to, screen plantings as set forth above, the Township Supervisors or Zoning Hearing Board, as applicable, may consider the use of an earthen berm or other existing or proposed landform as an acceptable barrier to potentially objectionable noise, glare, and/or visibility between adjacent properties.
(2)
Berms or landforms used to provide required screening shall be of such height and of such type as is necessary to achieve the intended purpose.
(3)
Any berm or landform used to provide required screening shall be owned and maintained in satisfactory condition by the property owner, and may not be altered except for usual maintenance.