Independence Township Beaver County
City Zoning Code
City Zoning Code
ARTICLE XII
Supplementary Regulations
§ 200-42 General application.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 200-43 Additional dwellings and structures.
A.
Residential lots and subdivided parcels shall have no structure in addition to the principal structure, on the same lot used for dwelling purposes, except when specifically provided for in appropriate sections of this chapter.
B.
Where a lot is used for a permitted nonresidential purpose, more than one principal nonresidential structure may be located upon the lot, but only when such structures conform to all land use, lot coverage and yard requirements for the district in which it is located.
C.
Accessory buildings and structures shall be permitted only when in conjunction with a primary building on any lot, tract or parcel of land in R-1 Districts; and only when in conjunction with a primary building or permitted use activity in A-1, C-1 and C-2 Districts.
D.
Additional dwelling units to be occupied by a relative, a hired helper or employee may be permitted in an A-1 District provided a minimum site of two acres is delineated at the site of each dwelling unit situated on the property.
E.
The Zoning Officer may grant a permit for a period not to exceed six months, renewable once, for the temporary placement of a mobile home, travel trailer, pick-up coach, or motorized home to be used for living or housekeeping purposes under the following circumstances:
(1)
The mobile home, travel trailer, pick-up coach, or motorized home is placed on a parcel that contains a single-family dwelling that was rendered uninhabitable by fire, storm, explosion, or act of God, and the applicant for the permit had been occupying the single-family dwelling as his primary residence at the time of the adversity;
(2)
The single-family dwelling is in the process of repair or reconstruction at the time the permit is requested, or will be under repair or reconstruction within a reasonable period of time thereafter; and
(3)
The temporary living unit is equipped with adequate provisions for sanitation and is properly anchored to withstand normal weather conditions.
F.
Temporary structures used in conjunction with construction work shall be permitted only during the period that construction work is in progress. Permits for temporary structures shall be issued for a maximum period of six months.
§ 200-44 Area and yard requirements.
A.
Notwithstanding the limitations imposed by any other provisions of the chapter, the Zoning Hearing Board may permit erection of a dwelling on any lot (in a district where permitted by this chapter) separately owned, or under contract of sale, and containing at the time of the passage of this chapter an area or width smaller than that required for a single-family dwelling.
B.
No lot area, though it may consist of one or more adjacent lots of record, shall be reduced in area so that the minimum yard lot area per family, lot width, building area or other requirements of this chapter are reduced beyond compliance.
C.
Side and rear yard: No structure, whether attached to the principal structures or not, including porches, garages, carports, balconies or platforms above normal grade level, shall project into any minimum side or rear yard.
D.
Front yard:
(1)
No structures whether attached to the principal structures or not, including garages, carports or balconies above normal grade level, shall project into any minimum front yard.
(2)
Video satellite dish installations shall be established to the rear of the front building line and no portion of the unit or its mounting shall be situated within any required minimum side or rear lot setback areas.
E.
Lots having frontage on more than one street shall provide the required building setback on every street. (See definition "yard, front.")
§ 200-45 Driveway regulations.
[Amended 4-9-2014 by Ord. No. 1-2014]
A.
General rule. It is the public interest for the Township to regulate the location, design, construction, maintenance and drainage of driveways and similar encroachments and obstructions within Township roadways for the purpose of security, economy of maintenance, safety of the public, preservation of proper drainage, and reasonable access.
B.
After the effective date of this section, unless in conformity with the regulations set forth herein, it shall be unlawful for any owner to:
(1)
Install or place or maintain any new sluice or stormwater pipe or similar drainage facility along or adjacent to a Township roadway in connection with the construction, alteration, or maintenance of a driveway or other exit from or entrance to a Township roadway;
(2)
Replace, alter or relocate any existing sluice or water pipe or similar drainage facility located under any existing Township roadway;
(3)
Maintain any driveway approach to a Township roadway or maintain any sluice or water or other drainage facility in connection with a driveway or approach to a Township roadway in such a condition as will not adequately permit the flow of drainage water flow and anticipated and experienced stormwater flow through the said sluice, pipe or drain or in such a manner or condition as contributes to the damage and deterioration of any Township roadway;
(4)
Construct or install any driveway entrance or exit from a Township roadway;
(5)
Alter the surface of that portion of any driveway entrance or exit located upon any Township roadway right-of-way which alteration shall include but not necessarily be limited to the installation of a paved or other permanent surface.
C.
Driveway standards.
(1)
General rule. All driveways shall be located, designed, constructed and maintained in such a manner as not to interfere or be inconsistent with the design, maintenance, and drainage of the roadway.
(2)
Finished surface. The finished surface of any driveway shall be maintained at or below the elevation of the finished surface of the cartway for not less than two feet from the point of intersection of the driveway and the cartway.
(3)
Discharge of surface water prohibited. No surface water shall be permitted to be discharged onto the cartway of the roadway in a way that would have a detrimental effect on the roadway drainage systems.
(4)
Stormwater controls.
(a)
Provision shall be made at all intersections of driveways with roadways to ensure adequate stormwater drainage. All roadside swales, existing or proposed, must be maintained and continued across the driveway. Where this is not feasible, a drainage pipe with a minimum pipe diameter of 15 inches must be installed under the driveway in the swale area meeting applicable PennDOT requirements.
(b)
Driveways shall not impede the natural flow of stormwater drainage along any roadway, nor may a driveway impede the natural flow of stormwater in a swale or roadside stream.
(c)
Driveways shall be designed, constructed and/or maintained to prohibit the flow or movement of stone, mud, or particulate onto the roadway. In no case shall stormwater flowing down a driveway be permitted to cross a roadway.
(5)
Stormwater drainage pipes. All drainage pipes installed or replaced after the effective date of this section shall:
(a)
Be 15 inches in diameter unless the Board of Supervisors shall, after reviewing the situation and conditions, permit a pipe of lesser diameter;
(b)
Be made of suitable, long-lasting material meeting the requirements as from time to time may be established by the Board of Supervisors; and
(c)
Be installed in a place, manner and elevation with the intention that the same shall carry the existing and anticipated regular and stormwater flows. The installation shall be made in accord with such other requirements as may reasonably be imposed by the Board of Supervisors or by the Township Engineer. The pipe utilized must be permanently bonded or welded together so that it will not separate or erode.
D.
Construction.
(1)
Upon start of construction within the right-of-way, such construction shall be completed within 30 days. At no time shall road drainage or cartway be left in a restricted condition.
(2)
If the Township shall, after inspection, find any existing sluice or drainage pipe is presently installed or maintained in such a manner as to be insufficient to accommodate the experienced and anticipated regular and stormwater flows or in such other manner that it fails to comply with this section, the Township Engineer may direct and the owner of the property shall provide and install a sluice pipe or drainage pipe meeting the requirements of this section at the owner's expense. The same shall be installed in accord with the directions reasonably given by the Board of Supervisors or the Township Engineer.
(3)
All driveways and stormwater controls shall be built in compliance with all applicable federal, state, and local laws.
E.
Maintenance.
(1)
All driveways shall be maintained by the owner in such a manner as not to interfere with the maintenance or drainage of roadways, nor the safe and convenient passage of traffic upon the roadway.
(2)
Repairs to driveways, driveway entrances, drains, pipes, or culverts shall be performed in such a manner that the repairs shall not interfere with the roadway or roadway drainage systems.
(3)
Maintenance of all new and existing private driveways is the responsibility of the owner. The cost of such maintenance shall be borne by the owner, including the cost of replacement of driveway pipes or culverts.
(4)
The Township will not be responsible for damage to macadam or other driveway surfaces located within the Township right-of-way.
F.
Violations.
(1)
It shall be a violation of this article for any owner to construct or maintain any driveway drainage system not in compliance with the requirements of this article. In the event any owner shall construct or maintain a driveway that does not conform to the requirements of this article, the Board of Supervisors may order such owner to remove the improper work and replace the same in compliance with this article. Notice to remove and replace the improper work shall be given by registered or certified mail, and shall state that the owner shall have 30 days from receipt of notice to comply herewith ("notice of noncompliance"). In the event any owner shall fail to remedy such violation with 30 days after receipt of the notice of noncompliance, the Township may institute summary proceedings before the Magistrate seeking a fine or penalty not to exceed $500 per day, per violation.
(2)
In addition, upon owner's failure to timely comply with a notice of noncompliance, the Township may do or cause the requested repairs to be done by such independent contractor as the Township may engage and may levy the cost of its work on such owner as a municipal lien to be collected in any manner provided by law. The Township shall not bear any liability for damage caused to owner's property, real or personal, for repairs completed upon owner's failure to comply with the notice of noncompliance.
G.
Waivers. The provisions of this article are intended as a minimum standard for the protection of public health, safety, and welfare. Any person desiring a waiver of the requirements of this article shall make application for such waiver in writing, identifying the section of the article from which a waiver is requested, the reasons for the waiver, and the alternative proposed. If the literal compliance with any mandatory provision of this article is shown by the applicant, to the satisfaction of the Board of Supervisors, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant evidences that an alternative proposal will allow for equal or better results, the Board of Supervisors may grant a waiver from such mandatory provisions so as to permit the reasonable utilization of the property. The granting of any such waiver shall not have the effect of making null and void the intent and purpose of this article. In granting a waiver, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this article.
§ 200-46 Environmental protection.
A.
No excavation that has an obvious or identified potential of creating adverse environmental circumstances, such as erosion, slip-slide areas, subsidence, watercourse changes, air or water pollution or similar conditions, shall be undertaken until a zoning permit has been issued by the Zoning Officer.
B.
The applicant for a permit to proceed with excavation shall obtain all permits and authorizations required by local and any other county, state and federal governmental agencies having jurisdiction over such matters, prior to approval of a zoning permit by local authorities.
C.
Normal agricultural activities, commonly and routinely engaged in by farm and residential residents in the Municipality, shall not be considered excavations and shall not require permits.
D.
No cut or fill grade shall exceed a slope of 3:1 or 33 1/3%. This provision shall apply to all cuts and fills exceeding 1000 square feet in exposed surface area including cuts or fills on land naturally exceeding 3:1 in slope.
E.
All lands steeper than 10:1 slope, from which structures or natural cover have been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
F.
No cutting, filling or other disturbing of land and natural vegetation is permissible within 50 feet of the center line of natural drainage courses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission, provided special precautions are taken to ensure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream. All such action shall be in accordance with PA-DEP rules and regulations.
G.
All earthmoving activity shall comply with the Erosion and Sedimentation Control Amendment to the Pennsylvania Clean Streams Law of 1937, P.L. 1987 and P.L. 177,[1] all requirements of the Pennsylvania Department of Environmental Protection and other applicable federal, state, county or local agency or authority having enforcement jurisdiction.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq., specifically, 35 P.S. § 691.901 et seq.
§ 200-47 Essential services.
Essential services as defined in this chapter shall be permitted as special exceptions in all zoning districts, subject to restrictions approved by the Zoning Hearing Board with respect to use, design, yard area, setback and height. The Board shall consider the impact of the use, activity, or structure involved, on adjacent land uses in terms of safety, potential for property devaluation and related factors.
§ 200-48 Height regulations.
A.
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
B.
A habitable attic shall be counted as a story.
C.
The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, domes or similar projections not used for human occupancy, nor to chimneys, ventilations, skylights, water tanks, public utility facilities, bulkheads, silos, antennas and other necessary mechanical and operational apparatus usually carried above the roof level.
§ 200-49 Performance standards.
A.
All land use activities shall comply with the requirements of this section. The Township may require evaluation by a qualified consultant, whose cost for services shall be borne by the applicant, in cases where issues develop over the need for, or the adequacy of, compliance.
B.
Fire prevention. Fire prevention and fire control equipment acceptable to standards of the Board of Fire Underwriters or other appropriate regulatory agency shall be readily available where any activity involves the handling of flammable or explosive materials.
C.
Steady-state noise emanated from stationary equipment. Steady-state noise emanating from stationary equipment or sources, which will persist during indefinite or periodic intervals of time over a period of more than seven consecutive days onto adjacent real properties or to a receiving property within any district within the Township, shall not exceed the maximum noise levels prescribed in this section.
(1)
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2). of this section when measured at the following locations:
(3)
Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971.
D.
Odor. No malodorous gas or matter that is discernible on any adjoining lot or property shall be permitted except for normal farm operations carried on in the A-1 District.
E.
Air pollution. No pollution of air by flyash, dust, smoke, vapors, or any substance that is harmful to health, animals, vegetation or other property shall be permitted.
F.
Erosion. No erosion by wind or water that will carry objectionable substances onto neighboring properties shall be permitted.
G.
Water pollution. Water pollution in violation of any standards established by the Pennsylvania Department of Environmental Protection shall not be permitted.
§ 200-50 Storage and screening.
A.
No lot or premises may be used as a storage area or dump for garbage, junk automobiles, appliances or storage or collection of any other miscellaneous items except as provided for in appropriate articles of this chapter or other applicable Township statutes.
B.
No more than two vehicles or motorized equipment units that are disabled, from which the wheels or engine have been removed, or which are not in operating condition or do not have current motor vehicle license and/or inspection stickers attached, shall be placed, parked or stored for a period exceeding 30 days, in any district, nor shall any owner or occupant of the property in any district permit said property to be used for the parking or storage of such vehicles or equipment. The foregoing shall not prohibit the rental of space in a private or public garage, repairs in a permitted garage in a commercial district, or storage of vehicles in a junkyard. This regulation is not meant to apply to operable antique or classic motor vehicles, farm tractors, racers and other vehicles not requiring state inspection.
C.
Any material stored outside an enclosed structure being used for commercial or industrial purposes, as an incidental part of the primary operation, shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties zoned R-1. Materials shall not be deemed to include operable vehicles. In addition, bulk flammable fuel storage shall be no closer than 1,000 feet to an existing dwelling, school, hospital or related residential use.
D.
Where required, a screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Governing Body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
E.
Mobile recreational vehicles, such as travel trailers, pickup coaches, motorized homes and boat trailers parked or stored in A-1 and R-1 Districts shall be subject to the following requirements:
(1)
At no time shall such parked or stored camping and recreation equipment be used for general residential purposes; however,
(2)
Mobile recreational vehicles parked or stored in agricultural or residential districts may be used by family members or visitors at the on-site residence for temporary camping for periods not to exceed 90 consecutive days.
§ 200-51 Single unit mobile home installation.
A.
Individual mobile homes, not a part of a mobile home park, that are installed where permitted on private land as single-family residential dwellings shall comply with all regulations for conventional dwelling houses with respect to size, setback and side lines of the district in which it will be sited, and shall meet the following additional requirements:
(1)
The mobile home shall be installed to conform with all front yard, side yard and rear yard setback lines applicable to housing in the district.
(2)
The mobile home shall be installed upon, and securely fastened to, a frost-free foundation, basement or footer.
(3)
An enclosure of compatible design and material shall be erected around the entire base of any mobile home not mounted on an enclosed foundation or basement. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(4)
The mobile home shall be connected to both public water and sewer systems, if available. If not, the owner shall provide a potable water supply and shall provide a septic system which meets all standards of the Pennsylvania Department of Environmental Protection.
(5)
Any garage, utility shed, or other accessory building constructed on the tract shall be designed and constructed of materials that are aesthetically compatible with the principal unit.
(6)
Room or floor area additions, patios, porches and carports shall be designed and erected to be safe and aesthetically compatible with the unit.
(7)
Individual mobile homes, house trailers or similar structures that are, or have been, designated for mobility, shall not be used as dwelling units in any district within the Municipality, except in duly approved parks.
§ 200-52 Floodplain zoning regulations.
All development within flood-prone areas of Independence Township shall conform to applicable requirements of Chapter 103, Floodplain Management, of the Code of the Township of Independence, and all amendments thereto.
§ 200-53 Cellular communication antenna regulations.
[Added 2-12-1997 by Ord. No. 1-97]
A.
Cellular communication antenna as defined in this chapter shall be permitted in all zoning districts as a conditional use; however, uses shall be authorized in residential districts only when it is demonstrated by technological evidence that the antenna must be located where proposed to satisfy its function in the operational grid system. Condition use applications may be authorized pursuant to the following standards and criteria:
(1)
Existing structures.
(a)
In order to minimize the number of antenna support structures needed in the community in the future, proposed support structures shall be required to accommodate other users, including other cellular communication companies, and local police, fire and ambulance companies.
(b)
A cell site with antenna that is attached to an existing communication tower, smoke stack, water tower or other tall structure, is permitted in all zoning districts, if the height of the antenna will not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure (and is within the fifteen-foot limit) it shall be authorized as a use by right and the applicant shall not be required to meet the standards and criteria specified below.
(2)
New structures.
(a)
A cell site with antenna that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted, is permitted in all zoning districts, but requires prior approval as a conditional use.
(b)
If the cellular communications company proposes to build a new tower, it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.) and other tall structures. The Municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(c)
All other uses ancillary to the antenna and associated operational equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located.
(3)
Application requirements for conditional use. The application for conditional use shall include a development and operational plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included:
(a)
A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use.
(b)
A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in Chapter 178, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.
(c)
Complete plans of the proposed tower and all auxiliary structures and support facilities. The applicant shall demonstrate that the proposed antenna and support structures are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
[1]
The Township Supervisors may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the Governing Body. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the need for, or the adequacy of, safety and compliance with this chapter.
(d)
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.
(e)
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be as follows:
(f)
All buildings and structures on the site other than the antenna support structure and any guy wire anchors shall conform to the setback and dimensional requirements that apply to the zoning district in which the site is located.
(g)
A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated, by unauthorized persons, domestic animals or livestock.
(h)
All applicable parking, sign and other requirements of this chapter shall apply. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
(i)
The site, including all structures, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetation and properly maintained.
[1]
Suitable landscape screening or buffers shall be developed, if deemed necessary by the Governing Body, to minimize visibility of outside storage or ground-level operational functions if said activities are readily visible from adjoining properties used for residential purposes. Where required, a screen or buffer shall have a height adequate to achieve its purpose.
[2]
Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Governing Body shall require that either new planting or alternative screening be provided if, after 24 months, the existing plantings do not provide an opaque screen.
[3]
The Governing Body may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
(j)
When applicable, the applicant shall have obtained from each appropriate state and federal regulatory agency or authority, a permit issued in accordance with all applicable state and federal laws, directives and regulations for the proposed use.
§ 200-53.1 Uses not otherwise listed.
[Added 12-9-2009 by Ord. No. 6-2009; amended 7-10-2013 by Ord. No. 2-2013]
Where a use is not listed as a permitted, conditional or special exception use in any zoning district within the Township, a landowner and/or developer may request special exception use approval, in which case the Zoning Hearing Board shall, upon consideration of a recommendation from the Planning Commission, determine if the characteristics of the proposed use are of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located. In order to receive approval, the Zoning Hearing Board must determine that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the applicable zoning district. In making such determination, the Zoning Hearing Board shall consider at least:
A.
The floor area of the building or gross areas of the lot devoted to the proposed use;
B.
The number of employees, visitors, customers, etc., resulting from the proposed use;
C.
The type of products, materials and equipment and/or processes involved in the proposed use;
D.
Traffic and environmental impacts and the ability of the proposed use to comply with the criteria set forth within the Township Code;
E.
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located;
F.
The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed; and