Loyalsock Township City Zoning Code
ARTICLE III
General Regulations
§ 215-13 Height regulations.
A.
The height of any building may exceed the maximum permitted height by one foot for each two additional feet by which the width of each yard exceeds the minimum yard regulations for the distance in which the building is located.
B.
Height regulations shall not apply to any of the following, provided the use is not for human occupancy or specifically limited in height by any section of this chapter: spires, belfries, cupolas, antennas, telecommunications antennas, penthouses, domes, chimneys, ventilators, skylights, water tanks, bulkheads, utility poles and towers, communications poles and towers, silos and ornamental or necessary mechanical appurtenances.
[Amended 5-28-2002 by Ord. No. 290]
C.
For all residential uses, accessory buildings shall not exceed 24 feet in height.
[Amended 3-27-2012 by Ord. No. 347]
§ 215-14 Area and access regulations.
The area, width and depth of lots shall provide adequate open space for off-street loading, unloading, and/or parking space and yards. In all cases where public sewers are not available, the lot areas shall be of sufficient size to provide open areas, exclusive of parking area or other paved areas for an approvable on-lot waste water disposal system.
§ 215-15 Yard regulations.
Yards shall be provided in accordance with the provisions set forth herein and shall be planted with grass, sod, ground cover or other vegetative covering, excepting cases where walks, access drives, off-street parking lots, patios or other types of surfaces are permitted by this chapter. All yards shall be maintained and kept free of all debris and rubbish.
A.
Setbacks.
(1)
Notwithstanding the front yard or setback regulations set forth herein for the various districts, all yards shall be provided, and all buildings or structures hereafter erected or altered shall be set back from the street line not less than 60% of the legal right-of-way of the street or streets on which the lot abuts with the exception of planned developments.
(2)
Where the street or private road upon which the lot abuts is less than 50 feet in width, the front yard depth and the width of the side yard abutting the street or private road shall be measured from a line parallel to, and 25 feet from, the center line of the street or private road.
(3)
Where the street or private road upon which the lot abuts is less than 50 feet in width and front and side yards are not required, the front and side building lines shall be at least 50 feet from the center line of the streets or private road.
B.
Adjustments to meet existing setbacks in front yards.
(1)
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this chapter, the front yard of such unimproved lot may be the same depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
(2)
Where an unimproved lot adjoins only one improved lot having thereon a principal building, within 25 feet of the common side lot line, which extends into the required front yard of such improved lot and which extension existed at the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district. However, the second unimproved lot from the original improved lot must have at least the minimum front-yard depth required in the district.
C.
Side yards for corner lots. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.
D.
Projections in yards.
(1)
Cornices, eaves, gutters, bay windows and chimneys may project into the front, side or rear yard of a lot not more than 24 inches.
(2)
Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard. Except that a screened porch may be erected in the side yard of a nonconforming lot, provided that it shall not be less than five feet from the side lot line.
(3)
Uncovered patios, driveways, walks, parking areas, stairs, window wells and such other similar structures customarily supplementary to the main building may project into front, side or rear yards of a lot, provided that the height shall be not more than 12 inches above the yard grade.
(4)
Uncovered steps and entrance canopies not greater than four feet in depth and eight feet in width may project into the required front and rear yard.
(5)
Exterior access ramps not otherwise permissible under this subsection may be permitted within any yard upon review and approval of the Board of Supervisors.
E.
Fences and walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) over six feet in height shall be erected within any of the open spaces required by this chapter.
F.
Obstructions to vision.
(1)
No walk, fence, sign or other structure shall be erected or altered, and no hedge, trees, shrubs or other growth shall be maintained or permitted which may cause danger to traffic on a street or public road by obscuring the view.
(2)
At all intersections of streets, private roads and/or access drives, a clear sight triangle shall be maintained.
(3)
In the case of commercial or industrial uses, this shall not prohibit the erection of signs, provided that the signs are in compliance with the sign section of this chapter.
(4)
The clear sight triangle shall be as follows when measured from the point of intersection of:
(a)
Two street lines: equal to the required depth of the building setback from the street line in the district where located.
(b)
A street line and an access drive or private road: equal to the required depth of the building setback from the street line in the district where located and equal to the width of the access drive or private road.
G.
On-lot storage. In the R-1, R-U and A-O Zoning Districts, no truck, mobile equipment, trailer, truck tractor, tractor, mobile home, boat, bus, motor home, recreational vehicle or any similar vehicle or equipment shall be parked or stored except as follows:
(1)
Storage or parking is within an enclosed structure.
(2)
All storage of any of the above vehicles or equipment is allowed in the rear of the property or alongside the dwelling or building at least five feet from any side lot line. This storage will be allowed under the following conditions:
(4)
The above vehicles or equipment shall not be parked or stored in the front yard of any property (area between the street and the dwelling unit or building and extending from side lot line to side lot line) except as follows:
(a)
Such vehicles or equipment may be stored in the front yard driveway for a period of no more than 48 hours for the purposes of cleaning up after use or packing for use.
(b)
Such vehicles or equipment may be stored for no more than 30 days on a temporary basis in any calendar year if the property owner makes a written request to the Township Codes Department and the Codes Department grants permission prior to the storage. Said permission document will require the payment of a fee of $10 for processing the paperwork.
(5)
General exceptions to storage:
(a)
A truck having no more than one rear axle, and no more than one tire per side upon the rear axle, may be parked and stored in the driveway on any private property.
(b)
A contractor’s truck, trailer or equipment may be stored in the front yard area of a property while the contractor is doing work on the dwelling or building on the property. Such truck, trailer or equipment must be removed immediately upon completion of the work or as ordered by the Township Codes Department.
(c)
One unlicensed and/or uninspected vehicle may be stored in any zoning district, provided the vehicle is not damaged or in a state of major disrepair and it is stored in a manner consistent with § 215-G(1) through (3).
[1]
Editor's Note: This ordinance provided that it shall become effective 9-30-2005.
§ 215-16 Buffer yards.
Where buffer yards are required under the terms of this chapter they shall be provided in accordance with the following standards:
A.
All buffer yards shall be planted with grass, sod, ground cover or such other material as approved by the Board of Supervisors and where specified, a dense screen planting as herein specified. Buffer yards shall be maintained and kept free of debris and rubbish.
B.
No structure, manufacturing or processing activity or storage of materials shall be permitted in buffer yards, however, access drives may cross the buffer yard.
§ 215-17 Screen planting.
Where screen plantings are required under the terms of this chapter, they shall consist of trees, shrubs and other plant materials or a combination of plant material and wood, masonry or other material arranged in a manner to serve as a barrier to visibility, airborne particles, glare and noise. All material and arrangements are subject to the approval of the Planning Commission and Township Supervisors. The screen planting shall be in accordance with the following requirements unless otherwise authorized by the governing body.
A.
Plant materials used in the screen planting shall be comprised of not less than 50% evergreen material and shall be not less than six feet in height.
B.
The screen planting shall be permanently maintained.
C.
The screen planting shall be so placed that at maturity it will be not closer than five feet from any street or property line.
D.
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
E.
The screen planting may be broken at points of vehicular or pedestrian access and at other points where a barrier is not necessary, provided that no outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located to be visible from an adjacent residential district.
F.
Prior to the issuance of a building permit, complete plans showing the arrangement of all buffer yards and the placement, species and size of all plant materials to be placed in such buffer yard shall be reviewed by the Planning Commission and approved by the Board of Supervisors.
§ 215-18 Minimum habitable floor area.
The minimum habitable floor area of a dwelling unit or any building or structure hereafter erected or used for living purposes shall be 600 square feet. In case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than 500 square feet per apartment, except those apartments designed for and occupied exclusively by one person, which apartments shall each contain not less than 300 square feet of habitable floor area.
§ 215-19 Waste and sewage disposal.
All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations or ordinances pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from the appropriate agency shall be a prerequisite to the issuance of a zoning permit.
§ 215-20 Prohibited uses.
The following uses are prohibited as a result of the need to protect and promote the safety and general welfare of the township's residents:
A.
Dwellings are prohibited in the Commercial and Industrial Districts. Hereafter, a building shall not be erected or converted in any Commercial or Industrial District established on the Zoning Map for use as a dwelling, unless the dwelling use is incidental and accessory to the principal use of the premises.
B.
Individual mobile homes are prohibited in the R-U, A-O, C-N and R-1 Districts.
[Amended 10-23-2001 by Ord. No. 287]
C.
The following uses are prohibited in all districts throughout the township:
(1)
The incineration (not including individual home incinerators), reduction, storage or transfer of garbage, offal, animals, fish or refuse, unless by the authority of, or under the supervision of, the township.
(2)
Dumps and dumping of any kind, unless by the authority of, or under the supervision of, the township.
(3)
The grading of land other than the grading of a lot preparatory to the construction of a building or use for which a zoning permit has been issued or when incidental to the expansion or operation of a lawfully permitted use except where permission has been granted by the Planning Commission following a meeting with the land owner to assure that drainage and excessive soil erosion, stormwater runoff or other hazardous conditions will not be created as a result of the contemplated grading operation. When deemed necessary by the Planning Commission cross-sections and profiles of the proposed grading may be required.
D.
The following uses are prohibited in all districts except the Industrial District. Said uses must be reviewed by the Township Planning Commission and approved by the governing body.
(1)
Steel plants, rollings mills and industrial chemical plants.
(2)
The tanning or storage of rawhides or skins and fat rendering.
(3)
Manufacture of gunpowder, fireworks or other explosives.
(4)
Slaughterhouses, stockyards and fertilizer plants.
(5)
Sexually oriented businesses.
[Added 12-18-2007 by Ord. No. 321]
§ 215-21 Slope regulations.
A.
No development of any sloped lot shall be permitted in violation of any federal, state or local statutes, regulations or ordinances.
B.
No building, driveway, roadway or other excavation shall occur in any area having slopes in excess of 15% unless detailed construction plans have been approved by the governing body prior to the commencement of construction. The plans submitted to the governing body shall include at least the following:
C.
At least 30 days prior to consideration of sloped lot construction plans, the governing body shall submit the plans to the Township Planning Commission and to the Codes Enforcement Officer for consideration and comment. The governing body shall consider the comments of the Planning Commission and the Codes Enforcement Officer in determining whether to approve or disapprove the planned development. In the event that the Planning Commission or the Codes Enforcement Officer fail to provide comments within 30 days of referral of the plans, the governing body may act without comment.
§ 215-21.1 Severed lots.
[Added 6-14-2016 by Ord. No. 377]
Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter or amendment thereto, the Zoning Officer may permit the extension of the regulations for either zone into the remaining portion of the lot for a distance not to exceed 50 feet beyond the district line, providing that the Zoning Officer determines that such an extension is consistent with the purpose of this chapter, including a determination that such an extension complies with all floodplain management regulations, minimum yard requirements, required buffer yards and screen planting requirements, or any other applicable provisions of chapter. Within the sole discretion of the Zoning Officer, whether to allow such an extension may be referred for action to the Zoning Hearing Board in the event the Zoning Officer determines that the request or application for such an extension requires a public hearing before the Zoning Hearing Board to determine whether it is consistent with the purpose of this chapter. When acting on an application for such an extension, the Zoning Officer and/or the Zoning Hearing Board may attach conditions to the approval which are designed to further the purpose of this chapter. In order to seek relief under this section, the portion of the severed lot for which the extension is sought must be more than 50% of the total lot area, and any proposed use for the extended area shall be compatible with any existing use of the lot.
§ 215-22 Public utilities.
This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.