Lawrence Township City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 125-16 Nonconforming uses and structures.
The following provisions shall apply to all nonconforming uses and structures. It is the intention of Lawrence Township that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as allowed in this article.
A.
Any nonconforming use may be continued, or may be changed to a use of the same or a more restrictive classification, but may not be extended or expanded unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter.
B.
Any nonconforming building which has been damaged or destroyed by fire or any other means may be reconstructed and used as before, if such reconstruction is performed within 12 months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Zoning Hearing Board, a reconstructed structure may exceed its original lot coverage and cubic content but must meet the minimum yard requirements of the district in which the structure is located, and in such cases it must meet the off-street parking and loading requirements of this chapter.
C.
In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reasons, for a period of one year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this chapter.
D.
The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Zoning Hearing Board, be extended, enlarged or replaced if such expansion does not occupy an area greater than 50% more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such structures must meet the minimum yard regulations and height restrictions of the district in which the structure is located, and must meet all off-street parking and loading requirements of this chapter.
E.
Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter and where construction is complete within six months from the date of issuance of the permit.
F.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
G.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this article shall also apply to any uses which thereby become nonconforming.
§ 125-17 Existing lots of record.
Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this chapter, however, such lot must comply with the yard, height and coverage standards of the zoning district wherein it is located. Where two or more adjacent lots of record with less than the required area and width are held by one owner, on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board which may require replatting to fewer lots, which would comply with the minimum requirements of this chapter.
§ 125-18 Application of yard regulations.
A.
Corner lots. For corner lots, the shorter frontage shall be considered the front yard and the longer yard a side yard. In all districts an additional five feet will be added to the designated side yard.
B.
Where a structure exists on an adjacent lot and is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures.
D.
A wall or fence under six feet in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard. All fences, except those used for agricultural purposes, may be placed up to, but not on the property line. A fence may be placed on the property line, provided a signed letter of consent from the adjoining property is submitted with the application for permit. Retaining walls and fences required for screening under this chapter are not subject to the six foot high limitation. Fences may be permitted in front yard areas provided they are no higher than four feet and do not impinge on the required free sight triangle at intersections.
E.
Swimming pools shall be permitted in rear yards only, provided that the pool is located not less than 10 feet from any side yard line, and 10 feet from the rear yard line. (See also § 125-24.)
F.
Patios, driveways, walks, parking areas, stairs, and window wells, and such other structures customarily incidental to the main building pay project into front, side or rear setbacks of a lot providing the grade elevation shall not be more than 12 inches above the yard grade. Cornices, eaves, gutters, bay windows, chimneys, or uncovered steps may project into the front, side or rear setback of a lot not more than 24 inches. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any setback.
§ 125-19 Temporary structures.
Temporary structures in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
§ 125-20 Height limitations.
When the following conditions are met, height limits may be increased. However, in no event shall the permitted height, regardless of the provisions of this article, violate the restrictions contained in Article VIII.
A.
Structure height in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side and rear yard depths are increased by one foot for each additional foot of height; however, such increase shall be limited to no more than 10 additional feet.
B.
The following structures are exempt from height regulations, provided they do not constitute a hazard: communication towers, church spires, chimneys, elevator bulk heads, smokestacks, conveyors, flagpoles, agricultural silos, standpipes, elevated water tanks, derricks and similar structures. However, for the above structures, all yard and setback requirements must be met; in addition, any structure with a height in excess of 50 feet will be first referred to the Lawrence Township Volunteer Fire Department for a review relative to public safety considerations.
C.
Structures in the Commercial District or Industrial District with a maximum height of building over 35 feet are permitted as a conditional use, with no structure to be erected over 75 feet. In granting such conditional use, the Supervisors shall determine the proposed maximum height of building in excess of 35 feet does not pose a threat to the health, safety and welfare of adjacent property owners, future building occupants, or residents of the Township.
§ 125-21 Performance standards.
No use of land or structure in any district shall involve any element, or cause any condition, that may be dangerous, injurious, or noxious to any other property or person in the Township. Furthermore, every use of land or structure in any district must observe the following performance requirements:
A.
Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.
B.
Electric disturbance. No activity shall cause electrical disturbances adversely affecting radio, television or other communication equipment in the neighboring area.
C.
Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes.
D.
Smoke. The maximum amount of smoke emissions permitted shall be determined by the use of the Standard Ringelmann Chart issued by the United States Bureau of Mines. No smoke darker than No. 2 will be allowed.
E.
Odors. In any district, except the Industrial District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
F.
Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted which is harmful to health, or to animals, vegetation or other property.
G.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
H.
Erosion. No erosion by wind or water shall be permitted which carry objectionable substances onto neighboring properties.
I.
Water pollution. The discharge of all wastewater shall be in accordance with the standards of the Pennsylvania Department of Environmental Resources and/or the Township of Lawrence, and comply with any and all applicable regulations of the United States. Wastewater water discharge shall be acceptable under the provisions of Pennsylvania Act 537, and other state and Township regulations as the same may be amended from time to time.
§ 125-22 Signs.
Any sign erected after the date of adoption of this chapter shall be in compliance with all regulations and provisions of the Lawrence Township Sign Ordinance and Subdivision and Land Development Ordinance.[1]
§ 125-23 Off-street loading and parking.
Off-street loading and parking space shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing one is enlarged.
A.
Off-street loading.
(1)
Every use which requires the receipt or distribution, by vehicles, of material or merchandise shall provide off-street loading berths in accordance with its size per the following table.
Off-Street Loading Space Requirements | ||
|---|---|---|
Use | First Berth* | Second Berth* |
Industrial: | ||
Manufacturing | 5,000 | 50,000 |
Warehouse | 10,000 | 50,000 |
Storage | 10,000 | 50,000 |
Commercial: | ||
Wholesale | 10,000 | 50,000 |
Retail | 10,000 | 40,000 |
Service establishment | 30,000 | 60,000 |
Restaurants | 40,000 | 80,000 |
Office building | 10,000 | 100,000 |
Hotel | 10,000 | 100,000 |
Residential: | ||
Apartment | 25,000 | 100,000 |
Institutional: | ||
Schools | 10,000 | 100,000 |
Hospitals | 50,000 | 100,000 |
Nursing homes | 50,000 | 100,000 |
Public buildings: | ||
Auditoriums | 30,000 | 100,000 |
Arenas | 30,000 | 100,000 |
*NOTE: All figures are given in gross feet of floor area for each listed use. |
(2)
Size and access. Each off-street loading space shall be not less than 10 feet in uniform width and 65 feet in length. It shall be so designed so the vehicles using loading spaces are not required to back onto a public street or alley. Such spaces shall abut a public street or alley or have an easement of access thereto.
B.
Off-street parking.
(1)
Size and access. Each off-street parking space shall have an area of not less than 162 square feet, being at least 18 feet long with a uniform width of nine feet, exclusive of access drives or aisles, and shall be in usable shape and condition. Except in the case of single-family and two-family dwellings, no parking area shall contain fewer than three spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 10 feet wide. Access to off-street parking areas shall be limited to well-defined locations, and in no case shall there be unrestricted access along a street. Specifically, single-lane driveways shall be at least 10 feet wide but shall not exceed 12 feet; double drives (for ingress and egress) may be up to 24 feet wide. There shall be at least 15 feet between driveways at the street line and at least five feet between a driveway and a fire hydrant, catch basin or street intersection radius.
(2)
Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply. If no similar uses are mentioned, the parking requirements shall be one space for each two proposed patrons and/or occupants of that structure. Where more than one use exists on a lot, parking regulations for each use must be met.
(3)
Special exception or conditional use. For any use permitted by special exception or conditional use, it shall be the burden of the applicant to present evidence of the parking needs of the proposed use. The Zoning Hearing Board, in granting a special exception, or the Board of Supervisors, in granting conditional use approval, may attach specific parking requirements, which may be equivalent to, greater than, or less than the requirements set forth in this section.
(a)
Dwelling: three parking spaces for each dwelling unit. The number of parking spaces may be reduced for multifamily units and residential units when accessory to commercial uses, as follows:
Dwelling Unit Size | Number of Parking Spaces |
|---|---|
1 bedroom | 1 |
2 bedrooms | 2 |
3 or more bedrooms | 3 |
(b)
Golf course: six parking spaces for each tee.
(c)
Golf driving range: one parking space per tee.
(d)
Miniature golf: two parking spaces per hole.
(e)
Recreation use, non-profit, private or commercial: variable, depending upon proposed intensity of use and subject to approval of the Board of Supervisors.
(f)
Club, lodge or social building: one parking space for each 100 square feet of floor area available to members or patrons.**
(g)
Educational Institution: one per teacher and staff, plus one for each four classrooms, plus one for each four high school students and one per each three seats.
(h)
Daycare center: one parking space for each six students, plus one parking space for each employee.
(i)
Professional offices, public building or facility: one parking space for each 300 square feet of floor area.**
(j)
Mobile home parks: two per each space
(k)
Medical and dental offices and clinics: six parking spaces per practitioner.
(l)
Research, engineering, or testing laboratories or facilities: sufficient parking to accommodate visitors and salespersons, subject to approval of the Board of Supervisors.
(m)
Warehousing and/or wholesaling/truck terminals: one space per employee, on the largest shift, plus one space for each 10,000 square feet for visitors.
(n)
Retail stores one parking space for each 300 square feet of customer service and sales area.**
(o)
Restaurant: one parking space for every two seats.**
(p)
Personal service establishment: one parking space for every 100 square feet of service area.**
(q)
Hotels and motels: one parking space for each guest room or unit.**
(r)
Gasoline service station: one parking space for every two pumps, in addition to storage spaces. In no case shall the spaces for permitted motor vehicles be less than five.
(s)
Automobile sales and service or automobile repair shop: two parking spaces for each 200 square feet of floor area devoted to sales, repairs or service facilities, in addition to display and storage spaces.
(t)
Church, theater, entertainment and high-intensity recreational establishments: one parking space for each four seats or one parking space for each 500 square feet devoted to a theater, entertainment or recreational use, whichever is greater.
(u)
Mortuaries, funeral homes, and undertaking establishments: one parking space for each 100 square feet of floor area devoted to assembly room purposes.
(v)
Hospital, nursing or convalescent home: one parking space for each three beds for patient use, plus an additional parking space for each employee and service provider working the largest shift, with additional parking spaces as required for shift changes.
(w)
Life-care center: one parking space for each dwelling unit, plus an additional parking space for each three beds for patient use, plus an additional parking space for each employee and service provider working the primary shift, with additional parking spaces as required for shift changes.
(x)
Bowling alley: three parking spaces for each alley.
(y)
Manufacturing, printing or publishing, and other industrial establishments: one parking space for each 1000 square feet of floor area for visitors.**
(z)
Self-service laundry: one parking space for each three washing machines.
(aa)
Group care facility: one parking space per supervisor or employee and one space per five residents.
(4)
Location of parking. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 200 feet from the lot of the principal use, if located in the same zoning district as the principal use, and the Zoning Hearing Board finds that it is impractical to provide parking on the same lot with the principal use.
(5)
Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on any side which adjoins a residential district (See definition of "screening") or use. In addition, there shall be a planting strip of at least five feet between the front lot line and the parking lot. Such planting strip shall be suitably landscaped and maintained.
(6)
Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property line containing a dwelling, residential district, school, hospital, or similar institution.
(7)
Surfacing. With the exception of single-family and two-family dwellings, all parking and loading areas and access drives shall have a paved or oiled surface, graded with positive drainage to dispose of surface water. Parking areas larger than 10,000 square feet shall submit a plan, including drainage provisions, to the Township for approval. Lots shall be designed to provide for orderly and safe loading and parking.
(8)
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district or use and away from roads or highways.
§ 125-24 Swimming pools.
All pools, regardless of in-ground or aboveground, shall comply with the current version of the International Residential Code, Chapter 42 and Appendix G.
§ 125-25 Steep slope areas.
Any development of slopes of more than 15% must be submitted on a plan prepared by a registered engineer or architect showing how the development will treat the slope problem. The Zoning Officer shall refer the plan to the Township Engineer or a consulting engineer for review and advice before issuing any permit.
§ 125-26 Food trucks/trailers.
Food trucks/trailers are permitted to be temporarily located on private property to sell food items to the general public subject to the following:
A.
Food trucks are allowed in all districts.
B.
Food trucks shall not be parked in any public right-of-way or on any Township Road. They may not encroach on any access drive, parking lot aisle, clear sight triangle, and shall not result in an unsafe traffic condition.
C.
Food trucks shall obtain an annual, nontransferable zoning permit and pay all applicable fees as set by resolution of the Board of Supervisors from time to time.
D.
Food trucks shall operate between 8:00 a.m. and 9:00 p.m.
E.
A sandwich board sign, not greater than six square feet in size, is permitted for the purpose of listing menu items for purchase from the food truck and shall be contained within five feet of the food truck.
F.
The food truck operator is responsible for the proper disposal of trash and waste associated with the operation of the food truck. No liquid waste or grease shall be disposed of in any landscaped areas, storm drains, streets, or on public land.
G.
The food truck shall comply with all statutes and regulations of the Commonwealth of Pennsylvania and the Department of Agriculture.
H.
All food trucks shall be equipped with a serviceable fire extinguisher.
I.
Written authorization from the owner of the land upon which the food truck/trailer is located must be provided.