Independence Township Beaver County
City Zoning Code
City Zoning Code
ARTICLE VI
A-1 Agricultural District
§ 200-13 Statement of purpose and use summary.
The A-1 Agricultural District is established to preserve productive agricultural land resources and to provide sites for low-density residential development that will be compatible with natural features, agricultural pursuits and the perpetuating of the low-density use characteristics of the district.
A.
Use permitted by right.
(1)
Agriculture.
(2)
Single-family detached dwellings.
(4)
Dwellings for agricultural workers employed on the premises.
(5)
Public parks, playgrounds, recreation.
(6)
Churches.
(7)
Nature preserves and game lands.
(8)
Golf courses.
(9)
Cemeteries/mausoleums.
(10)
Country clubs and lodges.
(11)
Camps and cottages.
(12)
Sawmills.
(13)
Stable and riding academies, veterinary clinics.
(14)
Nurseries and greenhouses.
(15)
Public utility buildings.
(16)
Municipal buildings and fire stations.
B.
§ 200-14 Conditional use provisions.
The following conditional uses may be authorized by the Township Supervisors pursuant to the standards and criteria specified herewith:
A.
Day-care/family day-care homes.
(1)
All activities shall be conducted in a private detached single-family residence.
(2)
Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.
(3)
Activities shall be conducted within a home atmosphere that is void of any special facilities or appurtenances other than secure play areas and/or apparatus that are deemed to be normal single-family accessory uses within the immediate neighborhood.
(4)
Safe off-street pick-up and drop-off areas shall be provided at the site.
(5)
Outdoor play areas shall be fenced to control access to adjacent properties and vehicular ways. No portion of the outside play areas shall be less than 25 feet from a neighboring dwelling without the owner's written consent. Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m., prevailing local time.
(6)
A minimum of 100 square feet of usable outdoor play space and 20 square feet of usable indoor space shall be provided for each child present at the facility, including resident children.
(7)
Day-care services shall be limited to a total of six children at any one time for the following categories of clientele: (A mix of categories shall be permitted)
(a)
Infants and toddlers. There shall be no more than four infants and/or toddlers in a family day-care home at any one time, including relatives of the caregivers.
(b)
Preschoolers. At no time shall the number of children in care exceed six, excluding relatives of the caregiver. (NOTE: For purposes of these requirements, "relative" shall be deemed to be a child, stepchild, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)
(c)
School age children. At no time shall the number of children in care exceed six children, excluding relatives of the caregiver. (NOTE: For purposes of these requirements, "relative" shall be deemed to be a child, stepchild, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)
(8)
The Chief or designated agent of the Township Fire Department shall inspect the premises to evaluate emergency access, fire hazards, evacuation provisions, structure layout, fire alarm devices and emergency fire-fighting provisions. No occupancy permit shall be issued prior to a satisfactory report and approval of such authority.
(9)
All rules, requirements and guidelines promulgated in the Day Care Service For Children Regulations-Family Day Care Homes, Chapter II, Section 8c of the Pennsylvania Department of Public Welfare Social Services Manual, effective June 13, 1981, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required Township Zoning and occupancy permits.
B.
Day-care center.
(1)
Day-care centers shall be located only in nonresidential buildings such as schools, churches, governmental or similar structures which meet all requirements specified by the Pennsylvania Department of Public Welfare for such activities. Day-care centers shall not be conducted on residential premises.
(2)
Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care.
(3)
Operational hours shall be limited to the hours between 7:00 a.m. and 8:00 p.m., prevailing local time.
(4)
The Chief or designated agent of the Township Fire Department shall inspect the premises to evaluate emergency access, fire hazards, evacuation provisions, structure layout, fire alarm devices and emergency fire-fighting provisions. No occupancy permit shall be issued prior to a satisfactory report and approval of such authority.
(5)
All rules, requirements and guidelines promulgated in the Regulations for Child Day Care Centers, Chapter II, Section 8A of the Department of Public Welfare Social Services Manual, effective April 2, 1978, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required Township zoning and occupancy permits.
C.
Group residential facility.
(1)
The services shall be provided in a family environment as opposed to an institutional structure or setting.
(2)
The group residential facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.
(3)
The number of residents in any single group residential facility shall be limited to no more than 10 persons, including client residents, staff and family of staff. Client shall be limited to no more than eight ambulatory persons.
(4)
Supervision shall be provided by responsible and appropriately qualified adults on duty, or the premises on a twenty-four-hour-a-day basis. A minimum of one such adult shall be in residence at the facility and on duty at all times.
(5)
Lot, yard, and all other dimensional requirements of the zoning district in which the facility is located shall be met. Each lot shall include a minimum of 1,600 square feet of exterior open space which is maintained and suitable for passive and/or active recreational use.
(6)
In addition to normal residential parking requirements, parking facilities shall be provided at the rate of one off-street space for every two resident clients.
(7)
A group residential facility shall be located not less than 1,200 lineal feet from any other group residential facility.
(8)
As part of the conditional use application process, the Chief of the Township Fire Department or the designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structure layout and adequacy of smoke and fire alarm devices. No certificate of occupancy shall be issued prior to an unqualified approval of such authority.
(9)
Sanitary facilities, consisting of a sink, water closet, and tub or shower shall be provided at a ratio of one each for every four inhabitants of the facility.
(10)
A dining area shall be provided which is of sufficient size to accommodate all clients and residents at a single seating.
(11)
A minimum of 72 square feet of contiguous sleeping and personal area shall be provided for each client. Said area, for purposes of this requirement, shall be computed exclusive of common use areas such as circulation areas, storage areas, dining areas, kitchen and food preparation areas, gamerooms and related recreation or instruction areas and other common use spaces.
(12)
A license or certification shall be obtained from the Commonwealth of Pennsylvania, Department of Labor and Industry, Department of Public Welfare and any other state or county agency having jurisdiction, prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Township Supervisors that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.
(13)
The sponsor shall file annually with the Township Secretary and the Zoning Officer, information certifying that the facility continues to adequately meet the conditions of the original approval. Changes of sponsorship or of any conditions of original approval shall constitute a new use and the full conditional use procedure for obtaining a new use shall be exercised.
(14)
In considering a request for establishment of a group residential facility under the provisions for conditional uses in the Township, the Planning Commission may recommend, and the Township Supervisors may attach, any reasonable conditions and safeguards beyond those expressed in this chapter and other applicable codes duly enacted.
(15)
Documentation shall be submitted which certifies approval of sewage disposal provisions by the Sewage Enforcement Officer, and certification shall be provided from competent sources that adequate water supply is available.
D.
Planned unit residential.
(1)
The application process for approval of planned unit residential development as a conditional use shall be consistent with PA Act 170, 1988, as amended,[1] and shall consist of the following steps:
(a)
An application for tentative approval shall be filed by or on behalf of the landowner.
(b)
All planning matters shall be determined by the Township Supervisors.
(c)
Within 60 days after filing of an application for tentative approval, a public hearing (or hearings) shall be held by the Township Supervisors.
(e)
Tentative approval shall not qualify a plat for recording nor authorize the issuance of any permits.
(f)
Following tentative approval, an application for final approval may be submitted for the entire development site or incremental parts thereof.
(g)
Public hearings on applications for final approval shall not be required provided the application is in compliance with the tentative plan previously given approval.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
The application for tentative approval shall include the following:
(a)
A location map of the site at a scale no smaller than one inch equals 100 feet, showing boundaries, road systems and land uses within 1/2 mile of the site perimeter.
(b)
A site plan of the project which shall define the location of proposed uses; state the acreage by proposed use; show density of dwelling units; include street system plans for traffic and vehicular parking; include plans for sewage disposal systems, stormwater and other utilities; delineate the location of recreation facilities, open spaces and site amenities; and show proposed lot lines and plat designs.
(c)
Additional documentation shall include the following:
[1]
The form of organization proposed to own and maintain common facilities and open space;
[2]
The substance of covenants, grants of easements or other restrictions to be imposed;
[3]
A written statement by the landowner setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest.
(d)
Application elements cited in items D(2)(c)[1] and [2] above shall be prepared by a registered landscape architect, architect or civil engineer.
(3)
Applications for final approval shall include any drawings, specifications, covenants, easements, performance bonds and other such requirements as may be specified by local officials at the time of tentative application approval.
(4)
The following requirements shall govern the approval and development of all planned unit residential developments in the Township of Independence.
(a)
The minimum land area for a planned residential development shall be 10 contiguous acres.
(b)
The developer shall provide within the planned development, a sanitary sewage disposal system which shall be of sufficient size and design to collect and dispose of all sewage from all present and probable development in the planned development, and shall be constructed and maintained in conformity with the statutes and regulations of the State Department of Environmental Protection and all local regulations.
(c)
The developer shall provide within the planned development, a storm drainage system which shall be sufficient to dispose of all predictable surface water runoff within the development.
(d)
Water service shall be supplied to each structure and facility to be erected in the development. Water shall be supplied by a certified public utility, a bona fide association of lot owners, or by a municipal corporation, authority or utility.
(5)
Permitted uses. A building may be erected or used, and a lot may be used or occupied for any of the following purposes:
(a)
Single-family detached dwelling.
(b)
Townhouse units.
(c)
Apartment buildings (not to exceed three stories in height).
(d)
Public or private park or recreation which may include golf courses, swimming pools, tennis courts, ski slope, toboggan run, ice skating rink, and similar uses approved by the Township Supervisors.
(e)
Schools.
(f)
Church, parsonage or convent.
(6)
Within a planned residential development, the following percentages of the total land area shall be devoted to the specified uses listed herewith:
(a)
A maximum of 80% for residential use; land devoted to residential use shall be deemed to include those streets, alleys, parking areas, private open spaces and courts which abut and service residences or groups of residences.
(b)
A minimum of 20% for open-air recreational uses and other usable open space but it shall not include usable open space which is available for use by the general public. Usable open space shall be defined as an open area designed and developed for use by the occupants of the development for recreation, courts, gardens or household service activities. This space shall be effectively separated from automobile traffic and parking and readily accessible; space devoted to streets and parking shall not be included.
(7)
Residential density shall not exceed four dwelling units per gross acre of land within the development.
(a)
There shall be no minimum lot size, setbacks, percentage of lot coverage or lot width, except as otherwise required below.
(b)
Every single-family dwelling shall have access to a public street, court, walkway or other area dedicated to public use.
(c)
No structure or group of related structures shall be erected within 50 feet of any other structure or group of structures.
(d)
There shall be a yard setback of at least 50 feet along the perimeter of each planned residential development tract and adjacent to all adjoining roads.
(e)
No structure shall exceed three stories in height.
(f)
There shall be no continuous structure of townhouses containing more than four dwelling units.
(8)
Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications.
(9)
In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. In the event of default, the Township may assume control and the resulting costs may be assessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable State statutes. (Act 170-1988)[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(10)
The dimensions and construction of roads, alleys and parking areas within the development, whether or not dedication to the Township is contemplated, shall conform with all applicable Township ordinances and regulations.
E.
Municipal waste landfill.
(1)
All activities conducted in association with, and as a part of, municipal waste landfills shall be in accordance with all applicable federal and state statutes, rules and regulations.
(2)
The applicant shall have obtained from appropriate state and federal regulatory agencies or authorities permits issued in accordance with all applicable laws and regulations for the proposed use. In the event such permits have not been issued at the time Township conditional use approval is requested, the applicant's zoning approval shall be expressly conditioned on the granting of necessary permits as required by the above agencies or authorities. At the time of making application to such authorities, the applicant shall file with the Township Secretary a copy of each state or federal application with supporting documentation for the proposed use.
(3)
Materials transported to and processed at the municipal waste landfill shall be limited to those materials and substances defined as "municipal waste" in Article III of this chapter.
(4)
A site plan shall be included in the application that delineates site ingress and egress, use areas within the site, phasing of use areas, location of all structures, and location and description of all required screening and fencing.
(5)
No municipal waste landfill shall be established on a site containing less than 100 contiguous acres.
(6)
The applicant shall provide plans for transportation of materials to the site. Said plan shall delineate access routes, provisions for traffic control, and procedures to minimize littering and overflow problems along access routes contiguous to the site. Measures that will be taken to maintain all Township roads used for primary site access shall be specified.
(7)
Bonds in amounts specified by the Board of Township Supervisors shall be posted by the applicant to repair any damages to roads that may result from the landfill operation.
(8)
The applicant shall outline procedures to be employed to provide for antipollution and nuisance control, the protection of area water supplies and other applicable concerns related to the health and safety of adjacent residential areas.
(9)
For each site that is adjacent to, or considered by the Planning Commission and Board of Supervisors to be visibly or environmentally detrimental to, the use of any structure used for residential, human habitation, sleeping, cultural, social, educational, recreational, religious or similar residential related purpose in any district, there must be preserved a strip of land for screening purposes on any side of the tract of land on which the residential or related use is situated. The preserved strip shall be a minimum of 20 feet in width. The required 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 Board of Township Supervisors shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
(10)
All active use areas shall be completely enclosed by a metal fence not less than six feet high with the entire fence being constructed in such a manner so as to prevent the entry by unauthorized persons onto the portion of the premises on which the use is situated.
F.
Hospitals and clinics.
(1)
The hospital site shall be a minimum of three contiguous acres.
(2)
All structures shall be a minimum distance of 100 feet from property boundaries.
(3)
All facilities shall be served by a municipal water supply or an approved private system.
(4)
All facilities shall be served by a municipal sanitary sewerage system or a private sewage treatment facility approved by the Pennsylvania Department of Environmental Protection.
(5)
All development shall be based on a site plan subject to the review of the Township Planning Commission and approval of the Township Supervisors. The site plan shall:
(6)
All required county, state and federal requirements, permits and licenses shall be obtained prior to granting of local approvals.
§ 200-15 Special exception provisions.
The following special exceptions may be authorized by the Zoning Hearing Board pursuant to the standards and criteria specified herewith:
A.
Home occupation.
(1)
A home occupation that involves an activity or operation that is construed as being capable of adversely influencing surrounding residential uses through any of the following conditions shall not be permitted.
(a)
Changes the external appearance of the dwelling from a residential character to that of a commercial or business distinction.
(b)
Generates traffic, parking or other congestion in excess of normal levels in the neighborhood;
(c)
Creates hazards to persons or property;
(d)
Creates interference or a nuisance;
(e)
Involves overnight (twenty-four-hour) outdoor storage, display or operations.
(f)
Is operated in a multifamily dwelling unit.
(2)
The accessory use shall be located in the principal dwelling or an accessory building. The accessory use shall be limited to not more than 30% of the ground floor area of the principal dwelling structure. The total area utilized for home occupation activities shall not exceed 1,200 square feet.
(3)
Maximum sign size shall not exceed six square feet in area.
(4)
Off-street parking requirements for home occupations shall be provided on the immediate site and to the rear of the required front yard setback line. A minimum of three off-street spaces shall be provided. No on-street parking may be permitted in conjunction with a home occupation.
(5)
Activities shall be limited to the following types and categories of use:
(a)
Professional, technical or business pursuits restricted to office related functions and practices.
(b)
Light handicrafts, sewing, photography and objects of art.
(c)
Teaching instruction, limited to groups of no more than four students at any one time.
(d)
Small appliance and minor equipment repair and servicing, including saws and residential lawn equipment.
(e)
Beautician, barber and similar services, limited to facilities for service to no more than three clients at any given time.
(f)
Telephone answering services.
B.
Mobile home (trailer) parks. Mobile home parks shall be established and maintained in accordance with the provisions of Chapter 126, Mobile Home Parks, of the Code of Independence Township, as amended.
C.
Public and parochial schools and colleges.
(1)
Structural conditions, sanitation, entrances and exits, fire control and other appropriate elements must be certified for compliance with applicable local, state and federal requirements.
(2)
Available public water and sanitary sewer facilities shall be utilized. State approved private systems shall be permitted if public systems are not available.
(3)
Structures shall be compatible with the residential character of the vicinity in which they will be located.
(4)
All structures shall be situated in such a manner that they meet the minimum lot, area and dimensional requirements specified in § 200-16 of this chapter.
(5)
Ingress and egress for all site access and off-street parking shall be situated in a manner to minimize interference with through traffic movements on adjacent street rights-of-way.
D.
Sewage treatment plant.
(1)
Facilities shall be established, maintained and operated in accordance with all policies, practices and directives of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency and other applicable federal, state, county and local mandates.
(2)
Facilities shall be set back a minimum distance of 50 feet from all adjacent property lines and public rights-of-way.
(3)
Fencing shall be installed around facilities. Height, type and installation characteristics shall be determined on a case by case basis to achieve public safety requirements.
E.
Conversion apartment.
(1)
Each living unit shall contain a minimum of 400 square feet of gross floor area.
(2)
Each living unit shall contain not less than one private bedroom and one additional habitable room in addition to separate and private kitchen and bathroom facilities.
(3)
The Chief of the Township Fire Department, or designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structural layout and adequacy of smoke and fire alarm devices. No special exception shall be granted prior to an unqualified approval of such authority.
(4)
A maximum of three dwelling units shall be permitted in any single structure.
(5)
Two off-street parking spaces shall be provided for each living unit.
F.
Funeral home.
(1)
Parking and cortege formation in conjunction with funeral home operations shall be accommodated in off-street facilities.
(2)
Ingress and egress of traffic shall be coordinated with local traffic movements and volumes in a manner that will preclude safety hazards.
(3)
Advertisement and location signing shall be limited to one sign not exceeding 12 square feet in area.
G.
Bed-and-breakfast/tourist home.
(1)
All rooms and related facilities provided for transient guests shall be normal integral components of the principal dwelling unit. The owner of the facility must reside therein.
(2)
No facilities, such as cooking accommodations or similar amenities, other than those provided for the normal use of the principal dwelling unit, shall be provided for transient guests.
(3)
No more than four guest sleeping rooms shall be available or utilized concurrently for transient guests in any facility.
(4)
The size of each individual guest sleeping room utilized for transient guests shall be a minimum of 100 square feet.
(5)
Maximum occupancy shall not exceed 10 guests.
(6)
Service of meals shall be limited to overnight transient guests.
(7)
Off-street parking spaces, as specified in Section XI of this chapter, shall be provided to the rear of the front building line and shall not be sited within any required front yard setback areas.
(9)
Only normal residential yard and structure lighting appropriate for residential purposes shall be permitted.
(10)
As part of the conditional use application process, the Chief of the Township Fire Department, or the designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structural layout and adequacy of smoke and fire alarm devices. No certificate of occupancy shall be issued prior to an unqualified approval of such authority. The owner shall make the premises available for reinspection by Township authorities at any reasonable time.
(11)
Only members of the family in residence at the premises plus two nonfamily assistants shall be engaged in the conduct of the bed-and-breakfast establishment.
(12)
Overnight guests shall not occupy the facility for more than three consecutive nights in a thirty-day period.
H.
Recreation (commercial and private). Commercial and private recreation facilities (within the defined meaning of this chapter) shall be developed pursuant to the following standards:
(1)
All structures shall be a minimum of 100 feet from any adjoining property line or public right-of-way line and a minimum of 100 feet from the nearest dwelling, church, educational, municipal or institutional facility.
(2)
All lot boundaries shall be enclosed by a landscaped buffer consisting of dense evergreen plant materials at least six feet in height.
(3)
In cases where fencing is deemed necessary for purposes of safety, security or design, the installation, material and design of the fencing shall be subject to recommendations of the Planning Commission and final approval of the Board of Supervisors.
(4)
Loud speakers and similar sound devices for entertainment shall be prohibited if the maximum sound level exceeds 70 dBA at adjacent parcel boundaries used for dwelling, public assembly, educational or institutional purposes.
(5)
All lighting shall be designed, utilized and shielded in a manner that is compatible with residential uses within viewing distance of the site.
(6)
The minimum site shall be two contiguous acres. Provisions shall be made for the safety of individuals and property both on-site and off-site, consistent with the proposed uses. Reviewing authorities shall consider potential hazards, nuisances and related factors which could result from the recreational activities.