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Lower Towamensing Township
City Zoning Code

ARTICLE VI

Accessory Structures and Uses

§ 450-64 Accessory uses not specifically enumerated.

Nothing in this article shall be construed to limit other accessory uses not mentioned so long as they are customary, secondary, incidental and clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety, and/or welfare of the community.

§ 450-65 Accessory buildings and structures.

A. 
Detached accessory buildings and structures.
(1) 
No residential accessory building or structure shall be permitted within any required front yard or within 10 feet of the rear or side lot lines.
(2) 
The minimum distance between any residential accessory building or structure and a principal building shall be five feet.
(3) 
The maximum height of any accessory building or structure shall be 25 feet. Agricultural accessory buildings and structures are exempt from this height requirement.
B. 
Detached garages.
(1) 
On any parcel or lot containing less than three acres, the maximum length of any side of the garage serving a single-family dwelling shall be 40 feet. This regulation shall not apply to any lot which has an area of three acres or greater.
(2) 
On any parcel or lot containing three acres or more, the maximum size of a garage serving a single-family dwelling shall be 40 feet by 80 feet. In the event that a garage with a length on any side shall be erected which length shall be greater than 40 feet on a lot which is three acres or more, the owner may not subdivide or reduce the size of said lot to less than three acres without first obtaining a variance from the Zoning Hearing Board.

§ 450-66 Antennas and towers (personal radio/ham/amateur).

Such devices are permitted in any zone as an accessory use to a principal residence, provided that freestanding towers are not located within the front yard and that all freestanding towers are set back a horizontal distance from each property line at least equal to their height.

§ 450-67 Apartment and townhouse accessory uses.

Such uses shall be restricted to uses designed for residents of the apartment and townhouse units and may include such uses as areas for washing machines and dryer and vending machines; lockers and storage areas; recreational rooms, areas and lounges; swimming pools, and other recreational areas; and garages. One office per project for the purposes of administering and renting dwelling units may be established. One sample apartment or townhouse for display purposes shall be permitted for each type of dwelling unit to be constructed.

§ 450-68 Apartments as accessory use.

Accessory apartments shall comply with the requirements and procedures specified below:
A. 
Only one accessory apartment shall be permitted as accessory to the principal use of a dwelling.
B. 
The habitable floor area of the accessory apartment shall not exceed 700 square feet.
C. 
An accessory apartment shall only be permitted and shall only continue in use as long as the principal dwelling is occupied by the owner of the principal dwelling.
D. 
The principal dwelling shall meet the minimum lot area requirement for the applicable zoning district in order for the accessory apartment to be approved.
E. 
Any detached accessory apartment shall meet the minimum lot setbacks required for the principal dwelling.
F. 
A minimum of one additional off-street parking space shall be required in addition to the off-street parking required for the principal dwelling.
G. 
All utilities shall be interconnected to the utilities of the principal dwelling unit. The Sewage Enforcement Officer shall review and approve the accessory apartment for sewage compliance prior to the issuance of a zoning permit.
H. 
A camper, travel trailer, mobile home or similar structure is not permitted as an accessory apartment.

§ 450-69 Campgrounds as accessory use.

Accessory campgrounds shall be subject to the requirements of § 450-38A, B, E, J and L of this chapter. In addition, this use is limited to not more than 200 individuals at any given time.

§ 450-70 Day-care facilities as accessory use.

A. 
All day-care facilities shall be conducted within a detached single-family dwelling.
B. 
A day-care facility shall offer care and supervision to no more than six different minors during any calendar day.
C. 
All day-care facilities shall furnish a valid registration certificate for the proposed use issued by the Pennsylvania Department of Human Services. A copy must be supplied to the Zoning Officer.
D. 
An outdoor play area no less than 400 square feet in size shall be provided. Such play area shall not be located within the front yard nor any vehicle parking area. Outdoor play areas shall be set back at least 25 feet from any property line and visually screened from any adjoining residentially zoned property. A six-foot-high fence shall completely enclose the outdoor play area.
E. 
A permanent resident of the dwelling unit shall actively operate the day-care use.

§ 450-71 Drive-through service facilities.

Drive-through service facilities, including but not limited to facilities located accessory to banks, restaurants, beverage sales, etc., shall be subject to the following criteria, where applicable:
A. 
Exterior trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.
B. 
All drive-through window lanes shall provide sufficient space to stack vehicles waiting to transact business and shall be separated from the parking lot's interior access aisles by the use of curbs and/or planting islands.
C. 
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impacts on adjoining properties.
D. 
Any exterior seating/play areas shall be completely enclosed by a minimum six-foot-high fence.
E. 
On-lot traffic circulation shall be clearly marked.

§ 450-72 Farm product sales; roadside stand/processing.

A. 
The sale of farm products shall be conducted within a structure or from a stand which shall be at least 25 feet from a street right-of-way.
B. 
The sales value of products produced on the property on which such farm products are offered for sale shall comprise at least 25% of the total sales value of all products offered for sale on the property.
C. 
Provisions shall be made for at least two off-street parking spaces for farm stands up to 400 square feet in size. One additional off-street parking space shall be supplied for each additional 100 square feet of floor area.
D. 
Processing of farm products. This use is accessory to the raising or growing of such products and is located on the property on which the products are grown and raised.

§ 450-73 Fences, walls or hedges.

A. 
A permit must be obtained for any fence or wall three feet in height or higher.
B. 
Fences and walls are permitted by right within all districts.
C. 
Any fence or wall shall be durably constructed and well-maintained.
D. 
No fence, wall or hedge shall impede the sight distance requirements of § 450-99 of this chapter, or be located within any clear sight triangle.
E. 
No fence, wall or hedge shall be built within an existing street right-of-way.
F. 
Any fence, wall or hedge is not required to comply with minimum setbacks for accessory structures. However, permit applications for fences, walls or hedges installed within two feet of a property line shall be accompanied by a letter of approval from the affected property owners.
G. 
Any fence on residentially used property shall have a maximum height of eight feet. However, a maximum height of 12 feet shall be permitted wherever the applicant proves to the Zoning Officer that a taller height around a specific hazard is necessary to protect public safety.
H. 
Fences within the required front yard area are limited to four feet in height.
I. 
Retaining walls. Design computations, signed by a professional engineer, are required and shall be provided for all proposed retaining walls with four or more feet of exposed wall height.

§ 450-74 Home occupations.

Each home occupation within any zoning district shall comply with the following:
A. 
The home occupation must be operated by a resident of the dwelling.
B. 
All of the goods available for retail sale on the premises shall directly relate to the home occupation.
C. 
No display or storage of materials related to the home occupation shall be visible from adjoining properties or streets.
D. 
There shall be no outside advertising other than one sign of not more than four square feet in area.
E. 
Not more than two persons, whether paid or unpaid, may be employed by the practitioner of a home occupation.
F. 
No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare resulting from the home occupation shall be perceptible at or beyond the lot boundaries.
G. 
Not more than 25% of the total floor area of the dwelling unit shall be used for the purposes of a home occupation.
H. 
Any need for parking generated by the home occupation shall be met off street on the lot on which the home occupation is carried out. In addition to the off-street parking requirements for the dwelling unit, one additional off-street parking space shall be required for each employee, client and/or customer who may be on the premises at any one time. In the case of dental, medical or paramedical offices, four off-street parking spaces shall be provided for each person engaged in such practice.
I. 
No more than two home occupations may be practiced in any one dwelling unit or on any one premises.
J. 
The operating hours of a home occupation shall be limited to from 6:00 a.m. until 9:00 p.m.
K. 
A home occupation shall be incidental and secondary to the use of the property as a residence and is limited to those occupations customarily conducted within a dwelling.
L. 
A home occupation shall be conducted within a dwelling. However, the Zoning Hearing Board may permit the home occupation to be conducted within an accessory building or structure as a special exception.

§ 450-75 Home occupation, no-impact.

A no-impact home occupation shall comply with the following, in accordance with the MPC:
A. 
A no-impact home occupation shall have no more than two persons working on site. Any person(s) working shall be residents of the dwelling unit.
B. 
There shall be no outside appearance of business activity, including, but not limited to, outside storage, parking, signs or lights.
C. 
No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare resulting from the home occupation shall be perceptible at or beyond the lot boundaries.
D. 
The no-impact home occupation shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area.

§ 450-76 Keeping of animals.

Keeping of animals, not defined as exotic or wild animals, is permitted subject to the following criteria:
A. 
These types of animals are permitted accessory uses for residential properties in all zoning districts.
Animal Name
Minimum Land Area for One
(acres)
Minimum Land Area Each Additional***
(acres)
Minimum Building Setback*
(feet)
Total Adult Maximum Number Permitted
Chickens
2**
0
50
30
Ducks
2
0
25
10
Rabbit
0
0
25
30
Dog***
0
0
N/A
5
Cat
0
0
N/A
5
Pot belly pig
0
N/A
N/A
2
Horse/cow/bovine
3
1
100
N/A
Pig/swine
3
0.5
100
N/A
Alpacas
3
0.25
100
N/A
Goat/sheep
3
0.25
100
N/A
Turkey/fowl
3
0
100
N/A
Roosters
2
0
100
N/A
Bee hives
2
0
100
N/A
NOTES:
*
For any building housing animals.
**
If in an enclosed pen or building at all times, chickens are allowed on any residential lot size.
***
If housed outside, a minimum land area of 0.5 acres and minimum setback of 50 feet shall apply.
B. 
A request to exceed the total adult maximum number permitted or animal not specifically listed in this chapter shall be evaluated under the special exception rules by the Zoning Hearing Board.
C. 
All animals must remain within the property limits.
D. 
Any manure storage shall be at least 100 feet from any property or street right-of-way line. Manure storage must also comply with Pennsylvania nutrient management rules (Act 38 of 2005, as amended[1]).
[1]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.

§ 450-77 Keeping of wild or exotic animals.

Wild or exotic animals held in captivity shall be limited to lots with a minimum lot area of three acres or greater and shall be subject to the following additional requirements:
A. 
The number of such animals shall not exceed the equivalent of one animal unit per acre.
B. 
Said animals shall be kept only within the rear yard area.
C. 
The building or area within which such animals are kept shall be enclosed by a fence or other form of enclosure designed for containment.
D. 
Such fence or other form of enclosure shall be at least 50 feet from any lot line and not closer than 100 feet to the nearest dwelling other than that of the owner.
E. 
The owner of such animals must exercise control over the animals and shall not create a safety problem or allow a nuisance condition to be created in terms of excessive noise, dust, or odor.
F. 
All such animals shall be maintained in accordance with the regulations and/or permit requirements of the Pennsylvania Game Commission and other applicable agencies.

§ 450-78 Kennels.

See § 450-49.

§ 450-79 Riding academy/club/stable.

See § 450-56.

§ 450-80 Solar collectors, ground-mounted.

A. 
Ground-mounted solar collectors shall be permitted as an accessory activity in all zoning districts, subject to the accessory structure regulations in § 450-65 of this chapter.
B. 
Ground-mounted solar collectors shall not be located in a front yard area.

§ 450-81 Storage and display, outdoor.

A. 
No outdoor storage shall be permitted within the front yard of any lot. No retail display areas shall be permitted within the required front yard of any lot.
B. 
Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot to the rear of the front building wall of the principal building and shall not exceed 20 feet in height.
C. 
All organic refuse or garbage shall be stored in tight, vermin-proof containers. In multiple-family, commercial, industrial and other nonresidential developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by architectural screen or plantings.

§ 450-82 Storage of vehicles.

A. 
Abandoned vehicles of any type, except agricultural or construction equipment and vehicles for sale, shall not be parked or stored in front or side yards within any district other than in completely enclosed buildings.
B. 
One tractor truck and trailer used as primary employment shall be permitted in any district. More than one tractor truck and trailer must be stored within a completely enclosed building.
C. 
In all districts, outside storage of abandoned vehicles of one vehicle per acre, with a minimum of one allowed per lot or up to a maximum of six per lot shall be permitted, provided said vehicles and parts for them shall be screened from view by fence, evergreen planting or covered by a tarpaulin or similar device.

§ 450-83 Swimming pools, spas and whirlpools (outdoor).

A. 
The word "pool" shall have the same meaning as swimming pool, spa or whirlpool and shall be classified as an accessory use. No public or private swimming pool, spa or whirlpool shall be erected or constructed in the Township except in accordance with a permit therefor previously obtained from the Zoning Officer upon written application accompanied by a plan showing the size, shape, and location of the swimming pool and its enclosure and such other information as may be necessary for the Zoning Officer to determine whether the pool complies with this chapter.
B. 
Any "swimming pool, spa or whirlpool" shall mean any reasonably permanent pool or open tank not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point two feet or more. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
C. 
Such pool may be erected or installed in any required side yard or rear yard, but not in the required front yard.
D. 
The pool shall not be located closer to the front of the lot than the front wall of the principal building.
E. 
A private swimming pool may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which it is located.
F. 
The swimming pool area or the entire property on which it is located shall be so walled or fenced as to prevent uncontrolled access by children. Said barrier shall be at least four feet in height and shall have a self-locking-type gate.
G. 
Spas and whirlpools may have alternate means other than fences to prevent unauthorized use.
H. 
All swimming pools must be properly filtered and treated with approved treatment during the time they are in use according to the manufacturer's or installer's recommended specifications.
I. 
The draining of any pool shall not affect other properties, water or sewage facilities, or streets.
J. 
Open private swimming pools and related bathhouses are considered structures for the purpose of this chapter and shall be counted as building area in computing the lot coverage.
K. 
Nothing contained in this section is intended to supersede the UCC.

§ 450-84 Target/shooting ranges.

See § 450-59.

§ 450-85 Waste/refuse collection (dumpster) stations.

A. 
Outdoor collection stations shall be provided for garbage and trash removal when indoor storage is not provided.
B. 
All facilities shall be screened, landscaped or completely enclosed with a fence to limit visibility from other properties and streets.
C. 
No required parking areas may be occupied by any refuse collection facility.
D. 
No facilities shall be located in any front yard or within 10 feet of a side or rear property line.

§ 450-86 Wind energy system, small.

Small wind energy systems shall be permitted in accordance with the following standards:
A. 
The manufacturer's specifications shall be submitted as part of the application.
B. 
Small wind energy systems shall comply with environmental performance standards of Article VIII of this chapter.
C. 
Small wind energy systems shall not be artificially lighted unless required by the FAA.
D. 
All on-site utility and transmission lines extending to and from the small wind energy system shall be placed underground.
E. 
All small wind energy systems shall be located a minimum distance of 110% the turbine blade height (at its highest point) from any property or street right-of-way line.
F. 
The minimum height of the lowest position of the wind turbine blade shall be 15 feet above the ground.
G. 
Small wind energy systems shall not display advertising.
H. 
Small wind energy systems shall not be located in any front yard area.

§ 450-87 Wood fired boilers, outdoor (OWBs).

Outdoor wood-fired boilers (OWBs) shall be permitted as an accessory use to a principal use within any zoning district in accordance with the following standards:
A. 
All outdoor wood-fired boilers shall comply with the regulations established for outdoor wood-fired boilers by the PA DEP, in 25 Pa. Code § 123.14, as amended from time to time.
B. 
In addition to the PA DEP regulations, the following shall also apply:
(1) 
All OWBs shall be set back a minimum distance of 150 feet from all property or street right-of-way lines.
(2) 
An OWB shall not be located in a front yard area.