Kidder Township City Zoning Code

Height exceptions.

Other features. Unless otherwise regulated by this chapter, height regulations established by the Schedule of Development Standards in § 180-19 shall not apply to parapet walls extending not more than five feet above the regulated height of the building, skylights, bulkheads, and similar features.

Projecting architectural features. Chimneys, cornices, eaves, gutters, and bay windows and similar architectural features may extend not more than two feet into any required setback.

Fire escapes. Open fire escapes shall not extend into any required setback more than 4.5 feet.

The area or dimension of any existing lot, setback, parking area or other space shall not be reduced to less than the minimum required by this chapter.

A paved patio, unattached deck or unattached terrace shall not be considered in the determination of required setbacks or maximum lot coverage if such patio, deck, or terrace is unroofed and without walls, parapets, or other form of enclosure and does not encroach within 10 feet of any property line. The patio, deck or terrace may have a fence or railing a maximum of three feet in height.

Any covered porch shall be considered a part of the building in the determination of required setbacks or maximum lot coverage.

Drainage. Any excavations for the removal of topsoil or other earth products must be adequately drained to prevent the formation of pools of water and shall not create drainage problems for adjacent properties or public streets.

Storage piles. Unless specifically permitted, open excavations shall not be maintained, except for those excavations made for the erection of a building or structure for which a permit has been issued. All soil so stripped or otherwise excavated shall not be stored on a property for more than one year before being redistributed and graded on the property or removed from the property.

Dust. Dust problems shall be minimized during the excavation, storage, removal, and hauling of excavated materials.

Residential density. For the purposes of density of two or more principal residential structures, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three.

Nonresidential uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel provided all other standards of this chapter are satisfied. This shall not apply to adult businesses, junkyards, mineral extraction, solid waste facilities, or other uses with a special size requirement listed in this chapter, in which case the parcel size shall be increased to provide for the minimum land area for each use on the parcel.

Residential and nonresidential on the same lot. The following shall apply only where the lot complies with the required minimum residential lot size for the district.

Structure separation. Principal residential structures located on the same lot shall be separated by a distance at least twice the district minimum side setback requirement for each respective building. Principal nonresidential structures shall be separated by a distance not less than the greatest height of the adjoining buildings unless the Uniform Construction Code requires a greater separation. (See § 180-23A for accessory structures.)

Front setback. The front setback for any flag lot shall be measured from the line adjacent to the abutting street or roadway and shall extend the applicable minimum as required for that zoning district from such line adjacent to the street.

Side setback. The line closest to and parallel to the abutting street and those lines running at a ninety-degree angle to said line shall be considered a side yards, and the applicable minimum side setback as required for that zoning district shall be provided.

Rear Setback. The minimum rear setback shall be provided along the line running parallel to the side yard which is closest to and which runs parallel to the adjoining street.

Lot area. The area of the pole (leg) extension to the lot shall not be included in the calculation of minimum lot size.

Attached accessory structures. An accessory structure attached to a principal building shall be considered to be a part of the principal building and shall conform to the setbacks for principal structures.

Unattached accessory structures.

Disability ramps. Temporary ramps accessory to single-family dwellings or two-family dwellings to provide access for a disabled person shall not be required to meet required setbacks provided the landowner provides a written agreement that the ramp will be removed when the person needing the ramp no longer occupies the dwelling. A permit shall not be required.

Prohibited storage units. A mobile home, box or other type trailer, any unit which was originally designed with wheels and axle(s), truck body, cargo container, or other similar unit not originally designed for accessory residential storage shall not be used as an accessory building.

Each lakefront lot is permitted at least one dock in accord with this chapter.

Lots with water frontage of 100 feet or greater are allowed two docks.

The total of all docks for any lot shall not exceed 150 square feet in combined area.

All docks shall not exceed 20 feet in length.

Docks shall meet side setback requirements for an accessory structure.

A letter of permission shall be required from the lake owner upon which the dock will encroach.

A Department of Environmental Protection obstruction permit shall be required.

All necessary zoning and Uniform Construction Code permits shall be required.

Boat houses or elevated decks shall be prohibited.

The home occupation must be conducted entirely inside a building and shall be clearly incidental and secondary to the use of the dwelling as a residence.

Not more than 30% of the habitable floor area of the dwelling shall be used for calculating the area to be used for the home occupation, although the home occupation may be located in either the house or an accessory structure.

No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation(s) shall be permitted.

There shall be no evidence visible from outside the dwelling (show windows, business displays, advertising, etc.) that the residence is being operated as a home occupation except for a sign, if permitted, and required parking area.

The home occupation shall be conducted only by members of the family residing in the dwelling and not more than one person other than residents of the dwelling shall be employed on the premises.

Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private street right-of-way.

No home occupation use shall generate nuisances such as traffic, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.

No goods or items for retail or wholesale sale shall be permitted except for items hand crafted on the premises or goods and items incidental to the operation of an approved home occupation with the total display and/or storage area limited to indoors and not more than 200 square feet.

The use shall not involve the parking of more than one truck of any type on the lot or on adjacent streets at any period of time. The use shall not require servicing by, deliveries by or parking of tractor-trailer trucks. In R-1, R-2 and R-3 Districts, the use shall not require the parking or servicing by a vehicle with more than 26,000 pounds registered gross vehicle weight, except for deliveries of a maximum of two times per day.

One sign not more than two square feet for each face shall be permitted in accord with Article XI.

Part 2 of Article VII, reguarding performance standards, shall also apply to home occupations.

The following uses shall not be permitted as home occupations: commercial stables, veterinarians, commercial kennels or motor vehicle or small engine repair shops, retail or wholesale sales, restaurants, crematoria, funeral parlors or other uses not meeting the requirements of this § 180-23E.

The following types of uses shall be permitted as accessory uses in all districts:

All applications for home occupations not specifically enumerated as permitted in § 180-23E(13) shall not be permitted in the R-1, R-2 and R-3 Districts. In all other districts, all applications for home occupations not specifically enumerated as permitted in § 180-23E(13) or excluded by § 180-23E(12) shall be considered special exceptions.

A single private outdoor, in-ground or aboveground, swimming pool per dwelling unit is permitted as an accessory use provided that such swimming pool is for the private use of the occupants of the principal structure or for their guests.

Pools and associated patios and decks shall only be permitted in required side and rear setbacks and the minimum side and rear setback shall be 20 feet.

Entry to in-ground and aboveground swimming pools shall be secured in accord with the Uniform Construction Code.

A zoning permit shall not be required for pools where the water does not exceed 24 inches in depth and which are not normally filled on a constant basis.

Repair or replacement of fencing on existing pools shall conform to these requirements.

Definition.

Zoning permit required. No temporary use shall be established unless a zoning permit evidencing the compliance of such use with the provisions of this § 180-23H and other applicable provisions of this chapter shall have first been issued.

Particular temporary uses permitted. The following are temporary uses which are subject to the following specific regulations and standards, in addition to the other requirements specified in this chapter.

(Reserved)

Temporary uses by special exception. For temporary structures or uses that are not specifically permitted by right by this chapter, and other than customary accessory uses and other than those uses that were lawfully occurring on a periodic basis prior to the adoption of this chapter, a temporary permit may be issued by the Zoning Hearing Board as a special exception of structures or uses that would not otherwise be permitted, subject to the following additional provisions:

Additional regulations.

Allowed only in the L-I District as a conditional use.

The applicant shall document compliance with all applicable state and federal regulations.

The runway and/or landing pad shall be a minimum of 250 feet from any residential district or any existing dwelling not located on the parcel for which the airport and/or heliport is proposed.

The WECS shall be independent of any structure and shall be located a minimum distance of 125% times the turbine height from any structure or property line.

No part of the WECS shall be located within or above any required front, side or rear setback.

The minimum height of the lowest position of the wind turbine shall be 25 feet above the ground.

WECS shall be protected by anticlimbing devices that prohibit access to a height of 12 feet above the ground surface.

To the extent applicable, the WECS shall comply with the Pennsylvania Uniform Commercial Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.

The safety of the design of all WECS shall be certified by a professional engineer or by an authorized factory representative.

The design of the WECS shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar verifying organizations.

WECS shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls including variable pitch, tip, and other similar systems and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

All electrical components of the WECS shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.

WECS shall be a nonobtrusive color such as white, off-white or gray.

WECS shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

WECS shall not display advertising, except for reasonable identification of the turbine manufacturer, which sign shall have an area of less than 200 square inches.

On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations of the WECS.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television, or similar signals, and shall mitigate any harm caused by the WECS.

When a building is necessary for storage cells or related mechanical equipment, the building must not exceed 150 square feet in area, 15 feet in height, and must not be located within any required front, side, or rear setbacks.

Unless the Township has approved the WECS as a commercial facility, the resultant energy harnessed from the wind shall only be used on the property on which the WECS is located.

The WECS shall be subordinate to and located on the same lot occupied by the principal use to which it relates.

The WECS shall comply with all other applicable regulations and requirements as set forth in this chapter.

The landowner shall, at his expense, complete decommissioning of the WECS within 12 months after the end of the useful life of the WECS. It shall be presumed that the WECS is at the end of its useful life if no electricity is generated for a continuous period of six months.

Decommissioning of the WECS shall include removal of the wind turbine, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

If the WECS facility is not used for a period of six consecutive months, the facility may be considered abandoned and subject to removal. Removal actions may be commenced by the Township; and, if the facility is deemed to be abandoned, after notice and hearing before the Township Supervisors, the Township Supervisors may order removal of the facility. If, after the hearing and 30 days' notice, the facility has not been removed, the Township may enter the property and remove the facility. The cost of the removal shall constitute a municipal lien upon the property where the facility is located.

No more than one WECS shall be located on any one lot.

Districts; standards. Accessory solar collectors and associated energy storage facilities are permitted in all districts only in compliance with this § 180-23Q and other applicable standards of this chapter.

Excess electricity. Accessory solar collectors shall provide power for the principal use and/or accessory use of the property on which it is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

Mounting. A solar energy system may be roof-mounted or ground-mounted.

Height.

Setback.

Power lines. All power transmission lines from a freestanding solar energy system to any building or other structure shall be located underground.

Uniform Construction Code; manufacturer's standards. The system shall be installed in accord with Uniform Construction Code and manufacturer's standards.

Removal. The solar collectors and all associated equipment and facilities shall be immediately removed when it is no longer in service and failure to do so shall constitute a zoning violation.

Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Location of parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in § 180-24K or § 180-24L.

Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.

Nonparking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

Driveways, garages and carports. Driveways, garages and carports not in the public right-of-way may be considered parking spaces.

Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Township. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended and stalls shall be a minimum of 10 feet by 20 feet with aisles of not less than 24 feet unless designed as required above.

Parking required for nonresidential uses. The number of spaces required by this § 180-24F shall be considered to the minimum and maximum requirements unless modified in accord with this § 180-24F.

Parking required for residential uses. Off-street parking spaces shall be provided and maintained for each dwelling unit as follows:

Township-required reduction. In the case of parking for conditional uses and special exceptions, if the Board of Supervisors/Zoning Hearing Board determines that the number of parking spaces required by this § 180-24F is not necessarily required to meet the immediate needs of the proposed use, the Township may require the number of spaces provided to be reduced by a maximum of 25% based on the average peak period demand or peak, whichever is reported for the use in the Parking Demand Table. The developer shall dedicate sufficient and suitable area to future parking to meet the normal standards in this § 180-24F.

Applicant-proposed reduction increase. The required number of parking spaces may be reduced or increased subject to conditional use approval by the Board of Supervisors for uses classified as principal permitted uses and conditional uses and by the Zoning Hearing Board for uses classified as special exceptions. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease or increase shall be subject to the following:

Form of reservation. Each parking reservation shall be in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Township determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Township before the issuance of a zoning permit for the project.

Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped, but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of a NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.

Multiple uses. (See also § 180-24L.) For projects involving more than one use and/or structure the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

Handicapped parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act and shall count as part of the spaces required for the use by this § 180-24.

Required. In connection with any building or structure, which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, off-street loading and unloading berths shall be provided as specified in this § 180-24. For the purposes of this section, the words "loading" and "unloading" are used interchangeably.

Number. Each use shall provide off-street loading facilities sufficient to accommodate the maximum demand generated by the use and the maximum sized vehicle, in a manner that will not routinely obstruct traffic on a public street. If a reasonable alternative does not exist, traffic may be obstructed during off-peak hours for loading and unloading along an alley, rear service lane or parking area. Loading areas shall not be used to satisfy parking requirements.

Location. All required loading areas shall be located on the same lot as the use to be served. No loading area for vehicles of more than two-ton capacity shall be located closer than 100 feet from any residential district. No loading area shall be located within 50 feet of a property line unless the lot is less than 200 feet wide, in which case such setback may be reduced to not less than 25 feet at the discretion of the Township. No loading facilities shall be constructed within any required setback areas. Loading facilities shall be located on either the side or rear of the building and screened in accord with § 180-60 and Chapter 153 (Subdivision and Land Development).

Access. Each required off-street loading area shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements, and shall be subject to the approval of the Township. Such access shall have paved surfaces to provide safe and convenient access during all seasons.

Repair and service. No storage of any kind, nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading area.

Hours of operation. Where the use requiring loading and unloading activities is located within 500 feet of a residential use or district, the hours of operation for loading or unloading activities shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.

Fire lanes. All buildings shall be accessible to emergency vehicles and shall meet applicable requirements.

Width. Unless otherwise required by Penn DOT for access to a state road, the width of the driveway/accessway onto a public street at the right-of-way shall comply with the most current Institute of Transportation Engineers design standards for the type and volume of vehicles anticipated.

Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

Highway occupancy permit. All new uses shall be required to obtain a highway occupancy permit from the Township or PA DOT, as the case may be. In the case of a change in use or the expansion of an existing use, a highway occupancy permit or a revised highway occupancy permit shall be required if there will be increase in average daily traffic based on the most recent edition of the International Traffic Engineers Traffic Generation Manual. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.

Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

Curbing. Access drives and landscaping shall be defined with concrete curbing, or such alternate material as may be approved by the Township.

Roads and property lines. All parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way or adjoining property lines by a landscaped buffer area not less than 10 feet wide unless a wider buffer is required by another chapter provision or adjoining uses share parking in accord with § 180-24L.

Measurement. The width of the buffer shall be measured from property lines and from the curb line or from the legal right-of-way line after development if no curbs will be provided.

Uses prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

Uses permitted. The buffer area may include the following:

Sidewalks. Sidewalks, existing or proposed, may be included in the buffer area.

Buildings. Parking spaces serving principal nonresidential buildings and multifamily dwellings shall be located a minimum of 10 feet from any building wall, unless a larger distance is required by another chapter provision. This distance does not apply at vehicle entrances into or under a building.

Grading and drainage. Parking and loading facilities, including driveways, shall be graded and adequately drained away from building areas, to prevent erosion and to avoid increased or altered flow of stormwater runoff into streets or onto adjacent properties.

Grade. All areas provided for the parking of vehicles shall have a minimum grade of 0.5%, and a maximum grade of 6%.

Paving. Except for single-family homes, all portions of required parking areas, loading areas and accessways (except for landscaped areas) shall be surfaced with a minimum of 2.5 inches of asphalt paving, paving blocks, or porous pavers over a suitable base. Other surfacing systems of equal performance may be approved by the Board of Supervisors as a conditional use. Surfacing of parking and loading areas within a proposed project which is considered to be a land development shall be governed by Chapter 153 (Subdivision and Land Development).

Low or seasonal use. The Board of Supervisors may, as a conditional use, allow parking areas with low or seasonal use to be maintained in stone, grass or other suitable surfaces. For example, the Board may allow parking spaces to be grass, while the major aisles are surfaced with stone.

Application for shared parking. Applicants seeking a shared parking arrangement shall have a shared parking study prepared by a traffic engineering firm qualified in the field of shared parking as demonstrated through submission of qualifications and references to the Board of Supervisors/Zoning Hearing Board. The applicants shall submit the shared parking study to the Township for review. Factors to be considered in evaluating the desirability of implementing parking arrangements should include operating hours, seasonal/daily peaks in parking demand, the site's orientation, location of access driveways, transit service, accessibility to other nearby parking areas, pedestrian connections, distance to parking area, availability of parking spaces, and cooperation of adjacent owners.

Calculation of parking spaces required. The minimum number of shared parking spaces for a mixed use development or where shared parking strategies are proposed shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other professionally recognized procedures. A formal shared parking study may be waived by the Board for developments proposing 12 or fewer shared parking spaces and where the applicant has established to the Board of Supervisors/Zoning Hearing Board's satisfaction that its impact is expected to be minimal.

Location of shared parking spaces. Shared spaces for residential units shall be located within 300 feet of the dwelling unit entrances they serve. Shared spaces for other uses shall be located within 600 feet of the principal building entrances of all sharing uses. However, up to 20% of the spaces may be located greater than 600 feet but less than 1,000 feet from the principal entrances. Clear, safe pedestrian connections shall be provided. Pedestrians shall not be required to cross an arterial street in order to access shared parking spaces.

Easement agreements. If a privately owned parking facility is to serve two or more separate properties, a legal agreement between property owners guaranteeing access to, use, maintenance and management of designated spaces is required. Such agreement shall be submitted to the Township for review and approval. The Board of Supervisors/Zoning Hearing Board may require that the property owners record the agreement as an easement with the Carbon County Recorder of Deeds.

Shared parking plan. A shared parking plan shall be submitted when the shared parking study determines that the number of parking spaces which would otherwise be required by this chapter can be reduced by 10% or more by the application of shared parking to the parcel or parcels. Where a shared parking plan is submitted, it shall include:

Adoption of a shared parking plan. The Board of Supervisors/Zoning Hearing Board may condition the grant of subdivision or land development approval upon compliance by the applicant with a shared parking plan acceptable to the Board.

Modification of a shared parking plan. The owner of a property where parking has been provided pursuant to a shared parking plan may request the Board to approve a revision to that shared parking plan if the tenants/occupants of buildings on the involved parcels change such that a new shared parking study shows an increase by 10% or more for parking spaces on the parcel. The Board of Supervisors/Zoning Hearing Board may, in its sole discretion, grant or deny such request based upon its analysis of the parking needs of the site, the availability of parking on neighboring parcels or on the streets, and such other factors as it deems relevant. The request may only be granted if the affected parcel(s) have a reserved parking location as set forth in § 180-24L(5) above and only to the extent that the additional required parking spaces can be placed in that reserve area.

Reserve area. The number of parking spaces to be constructed pursuant to a shared parking plan may be less than the number required under this § 180-24 pursuant to a shared parking plan only where the following conditions are met: