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Lower Towamensing Township
City Zoning Code

ARTICLE VII

Supplementary and Miscellaneous Regulations

§ 450-88 Applicability.

The provisions of this article shall apply to all uses, development, and structures in the Township, regardless of district, and shall be considered as additional conditions or restrictions to any other provisions in this chapter. To the extent anything contained in this article conflicts with any other provision of this chapter, the most stringent and restrictive provision shall apply.

§ 450-89 Deviation, front yard.

A. 
Where an unimproved lot is situated between two improved lots which were developed prior to the enactment of this chapter, the front yard requirement of the unimproved lot may be modified to be the average of the existing front yards of the two improved lots, provided the proposed principal building is within 50 feet of both existing principal buildings.
B. 
Where an improved lot is adjacent to one improved lot which was developed prior to the enactment of this chapter, the front yard requirement of the unimproved lot may be modified to be equal to the existing front yard of the improved lot, providing the proposed principal building is within 50 feet of the existing principal building.
C. 
For the purpose of this section, an "unimproved lot" shall be the same as a vacant lot; and an "improved lot" shall be one on which a principal building is erected.

§ 450-90 Deviation, height.

A. 
The height limitations of this chapter shall not apply to church spires; farm structures when permitted by other provisions of this chapter (e.g., silos, barns, etc.); belfries, cupolas, penthouses and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, bulkhead and similar features; utility poles and standards; and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other governmental regulations.
B. 
In any district, any building may be erected to a height in excess of that specified for the district only by a special exception granted by the Zoning Hearing Board.

§ 450-91 Erection of more than one principal structure on lot.

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that the area, yard and other requirements of this chapter pertinent to the district in which the lot is located shall be met for each structure as though it were on an individual lot, unless otherwise specifically provided in this chapter. Two or more residential principal structures or a single nonresidential structure are also subject to the requirements of Chapter 390, Subdivision and Land Development.

§ 450-92 General lot and yard requirements.

A. 
Corner lots.
(1) 
Front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other (or others) side yards.
(2) 
The rear yard shall be that yard which is opposite and most distant from the front lot line on the street of address.
B. 
Through lots. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. However, in the event of a complete system of through lots which are designed for reversed frontage, the front yard need only be along the more minor street of the subdivision.
C. 
Flag lots. Flag lots shall not be created when lots can be designed to provide full frontage along a street. Flag lots shall conform to the requirements of Chapter 390, Subdivision and Land Development.
D. 
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the minimum required front building setback line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width, except in the following situations: on culs-de-sac or street center-line curves of less than 300-foot radius, where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.
450 Required Lot Widths.tif
E. 
Projections into required yards.
(1) 
Uncovered stairs and landings, fire escapes and projecting architectural features such as bay windows, cornices, eaves, roof overhangs, chimneys, window sills, and Bilco doors may project into any required yard provided the accessories structure setback regulations are met (see Article VI).
(2) 
Patios, decks, paved terraces and open porches may be located in side and rear yards, provided the accessories structure setback regulations are met (see Article VI).
(3) 
Handicap-accessible ramps may project into any required yard but may not encroach into a street right-of-way.

§ 450-93 Minimum size of dwellings.

Each dwelling unit shall include a minimum 600 square feet of enclosed habitable, indoor, heated floor area, not including areas that are shared among dwellings.

§ 450-94 Required street access.

A. 
Every building and structure hereafter erected or moved shall be on a lot abutting a street, or on a lot for which a legally recorded right of access to a street or approved private street exists.
B. 
All buildings shall be located on lots so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
C. 
After the effective date of this chapter, no lot shall be created which does not abut a street meeting all design criteria within Chapter 390, Subdivision and Land Development, for either a local, collector or arterial street.

§ 450-95 Site plan requirements.

When a site plan is required as part of any zoning permit application, the following information shall be included as applicable to the proposed activity:
A. 
A written statement describing the proposed use.
B. 
The location and dimensions of all buildings, structures, parking areas, traffic access and circulation drives, open spaces, landscaping and other pertinent information.
C. 
The names and addresses of adjoining property owners, including properties across a street right-of-way.
D. 
Ground floor plans and building elevations of proposed structures.
E. 
Existing contour lines and floodplain delineation lines.
F. 
Estimated traffic amounts generated by the proposed use.
G. 
Pennsylvania Department of Transportation highway occupancy permits, erosion and sedimentation control plan, and sewage and well permit approvals by their respective agencies.

§ 450-96 Subdivision and land development approval required.

In addition to zoning approval, the following uses are classified as either a subdivision or land development, requiring approval under the applicable provisions of Chapter 390, Subdivision and Land Development.
A. 
Subdivisions. The division or redivision of a lot, tract or parcel by any means into two or more lots, tracts or parcels, or other divisions of land, including changes in existing lot lines, not specifically exempted by Chapter 390, Subdivision and Land Development.
B. 
Land developments. A group of two or more residential or nonresidential principal buildings, whether proposed initially or cumulatively; or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or the conversion of an existing single-family detached dwelling or twin dwelling unit into a total of four or more dwelling units.

§ 450-97 Temporary structures for dwelling purposes.

No cabin, mobile home, garage, basement or other temporary structure, whether of a fixed or mobile nature, may hereafter be erected or established for any dwelling purpose for any length of time unless approval for temporary use is granted as a special exception by the Zoning Hearing Board. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground or for periods of up to 14 days in any calendar year on the property of a friend or relative.

§ 450-98 Temporary structures or uses.

A temporary structure or use permit may be issued by the Zoning Officer for routine and customarily incidental structures and uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
A. 
The issuance of a temporary use or structure permit shall not be detrimental to land use activities normally permitted in the zoning district. This use should contribute materially to the welfare of the Township, particularly in a state of emergency.
B. 
The Zoning Officer shall establish a reasonable maximum time limit, which shall be stated on the permit. In no case shall the permit exceed an absolute maximum life of one year (except in case of a state of emergency).
C. 
Upon expiration of the permit, the use shall cease, and such structure or use shall be completely removed without cost to the Township.

§ 450-99 Visibility at street/access point intersections.

All streets/access points shall have a clear sight triangle at the intersection of streets. No significant obstructions or plantings higher than 30 inches or tree limbs lower than 10 feet shall be permitted within the clear sight triangle area as measured from the center-line grade of intersecting streets/access points. The clear sight triangle shall be measured from the center-line intersection of the streets/access points at the following distances based on street classification:
Street Classification
Arterial
(feet)
Collector
(feet)
Local
(feet)
Arterial
175
150
125
Collector
150
125
100
Local
125
100
75
Access drive
100
80
60
Driveways
60
50
40