Mahoning Township City Zoning Code
ARTICLE V
Supplementary Lot Regulations
§ 250-46 Purpose.
The provisions of this article represent standards and regulations that shall be applied to all uses in addition to those established for the applicable zoning district. These regulations are to be used either in common in all zoning districts or are to be applied to specific situations as stated herein.
§ 250-47 General lot requirements.
A.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established in Article III, District Regulations, of this chapter. In addition, all provisions set forth for lots in the Mahoning Township Subdivision and Land Development Ordinance shall be met.
B.
Every principal building hereinafter erected shall be located on a lot, as defined. There shall not be more than one principal residential building and its accessory structures on one lot, except in the case of multifamily housing developments, mobile home parks, or other land developments approved pursuant to the requirements of the Mahoning Township Subdivision and Land Development Ordinance.[1]
C.
Every lot created hereafter shall be adjacent to a public street or shall have access to a public street via a private street or right-of-way approved pursuant to the requirements of the Mahoning Township Subdivision and Land Development Ordinance.
D.
The minimum lot width of any lot shall be measured along the minimum building setback line as required for that district. Lots located on cul-de-sac turnarounds or curves in the road or lots of unusual shape may have lot widths of less than those required, provided that the average of the front and back lot line is equal to or greater than the required lot width. In no case, however, shall the front lot line have a width of less than 50 feet.
E.
No portion of a lot included in a street right-of-way shall be included in calculating the lot area.
F.
No space applied or necessary under this chapter to satisfy the yard and area requirements in relation to any building or use, whether now or subsequently built or conducted, shall be counted or used as part of the required open space or area in relation to any other building or use.
§ 250-48 Yard requirements.
A.
Projections.
(1)
Chimneys, flues, cornices, eaves, gutters, steps or bay windows may project into any required yard, but not more than 24 inches.
(2)
Porches, patios, decks, loading docks and attached carports, whether enclosed or unenclosed, shall be considered part of the main building and shall not project into any required yard.
B.
Front yards.
(1)
Front yard setbacks shall be as set forth in Article III, District Regulations, and shall be measured from the edge of the adjoining street right-of-way line or from the front property line where the lot does not front on a street.
(2)
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard, the front yard of such unimproved lot may be the same depth as the average of the two adjacent improved lots.
(3)
Where an addition is proposed for an existing principal residential building which extends into the required front yard setback area, the addition may be authorized by the Zoning Officer so long as: the addition extends no further into the required front yard than the existing structure; it is no closer than 10 feet to the edge of the adjoining street right-of-way or front property line where the lot has no road frontage; and it does not contain more than 400 square feet of gross floor area.
(4)
Accessory buildings or structures may not be erected or located within any required front yard setback area, except for fences (as provided in § 250-50C below), signs (as regulated in Article VII), or as may be provided otherwise in Article IV, the Supplementary Use Regulations, for specific uses. (See also § 250-50B for additional standards pertaining to accessory buildings or structures.)
C.
Side yards.
(1)
Side yards shall be measured from the property line or from the edge of the right-of-way of any adjoining street or alley.
(2)
On a corner lot, the side yard abutting the street shall have a width equal to the required front yard depth for the district in which the lot lies. The remaining two yards shall constitute a side yard and a rear yard.
(3)
Where an addition is proposed for an existing principal residential building which extends into the required side yard setback area, the addition may be authorized by the Zoning Officer so long as: the addition extends no further into the required side yard than the existing structure; it does not obstruct the clear sight triangle of an intersection; it is no closer than 10 feet to any property line or adjoining street right-of-way; and it does not contain more than 400 square feet of gross floor area.
(4)
Accessory buildings or structures may not be erected or located within any required side yard setback area, except for fences (as provided in § 250-50C below), signs (as regulated in Article VII), or as may be provided otherwise in Article IV, Supplementary Use Regulations, for specific uses. Where a side yard is adjacent to an alley, all accessory structures shall be set back a minimum of 20 feet from the edge of the alley right-of-way. (See also § 250-50B for additional standards pertaining to accessory buildings or structures.)
D.
Rear yards.
(1)
Rear yards shall be measured from the property line or from the edge of the right-of-way of any adjoining street or alley.
(2)
Where an addition is proposed for an existing principal residential building which extends into the required rear yard setback area, the addition may be authorized by the Zoning Officer so long as: the addition extends no further into the required rear yard than the existing structure; it does not obstruct the clear sight triangle of an intersection; it is no closer than 10 feet to any property line or adjoining street right-of-way; and it does not contain more than 400 square feet of gross floor area.
(3)
Accessory buildings or structures may not be erected or located within any required rear yard setback area, except for fences (as provided in § 250-50C below), signs (as regulated in Article VII), or as may be provided otherwise in Article IV, Supplementary Use Regulations, for specific uses. Where a rear yard is adjacent to an alley, all accessory structures shall be set back a minimum of 20 feet from the edge of the alley right-of-way. (See also § 250-50B for additional standards pertaining to accessory buildings or structures.)
§ 250-49 Height regulations.
A.
The maximum height regulations set forth in Article III, District Regulations, shall not apply to spires, belfries, cupolas, chimneys, ventilators, skylights, flagpoles, utility poles, solar collectors or related equipment, and ornamental or other necessary mechanical appurtenances normally associated with homes, churches and similar establishments. Such appurtenances shall, however, be erected to such height as is necessary to accomplish their intended purpose and shall not be used for human occupancy.
B.
Agricultural or industrial structures, such as barns, silos, grain elevators, water storage or cooling tanks, discharge stacks, or similar types of structures generally erected to heights exceeding the maximum limits established in the district regulations for the zones where they may be located, may also exceed the designated height regulations, provided such appurtenances shall be erected only to such height as is necessary to accomplish their intended purpose and, in the case of industrial structures, are set back a distance equal to their height from all property lines.
D.
Notwithstanding any of the exceptions outlined above, the location and height of all structures shall be in accordance with all applicable rules, regulations, standards and criteria of the United States Department of Transportation, Federal Aviation Administration.
§ 250-50 Miscellaneous regulations.
A.
Two or more principal uses in same building. When two or more principal uses occupy the same building (not including home occupations, as defined in § 250-38), sufficient parking spaces, lot area, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or authorized as part of a land development approved pursuant to the requirements of the Township Subdivision and Land Development Ordinance.[1]
B.
Accessory buildings. An accessory building(s) may be maintained in conjunction with a permitted principal use, provided that the following standards are met:
[Amended 9-20-2010]
(1)
In the RR, MR and HR Districts, no accessory building shall contain more than 1/2 of the gross floor area of its principal building, nor occupy more than 5% of the total area of the lot where it is located. There shall be no more than three accessory buildings on any lot in these zones. The total area occupied by accessory buildings on any lot shall not exceed 10% of the subject parcel, except that accessory agricultural uses shall be exempt from these requirements.
(2)
Accessory buildings or structures shall be set back in accordance with the yard requirement established in Article III, District Regulations.
(3)
In the RR, MR and HR Districts, no accessory structure or utility shed shall be located in front of its principal structure.
(4)
No manufactured housing, mobile home units, buses, van bodies, or truck trailers may be used as accessory buildings or structures, except that temporary storage trailers may be permitted in the H-C and ID Districts. (For the purposes of this section, temporary storage shall be limited to no more than 30 days in any twelve-month period.)
(6)
For the purposes of this chapter, an accessory building shall be considered to be “attached” to and a part of a principal structure when the two buildings share a common wall, a common roof line, or a common foundation, whether or not the connecting area is open on the sides or is fully enclosed.
C.
Fences and walls. (See also § 250-52B.)
(1)
Fences or walls erected in an RR, MR, HR or C-O District shall not exceed six feet in height. In any other district, security fences may be up to 10 feet in height.
(2)
Fences or walls may be permitted to be located within any of the required yard setback areas, unless otherwise restricted or prohibited by provisions of this chapter.
D.
Clear sight triangle requirements. No obstructions or plantings measuring higher than 36 inches or hanging lower than nine feet above road grade shall be permitted within the clear sight triangle of any street intersection. A clear sight triangle shall be defined as that area of unobstructed vision at a street intersection formed by lines of sight between points at a given distance from the intersection of the street center lines. These distances shall be as follows:
E.
Maximum building coverage. The percentage of land covered by principal and accessory buildings or structures on each lot shall not be greater than is permitted in Article III, District Regulations, for the district in which the lot is located.
F.
Erosion and sedimentation control. All erosion and sedimentation control requirements set forth in the Mahoning Township Subdivision and Land Development Ordinance and the Department of Environmental Protection's Title 25, Chapter 102 "Erosion Control," or as may hereafter be amended, shall be met to the satisfaction of the Township Zoning Officer prior to the issuance of a zoning permit.
G.
Drainage and stormwater management. All drainage and stormwater management standards set forth in the Mahoning Township Subdivision and Land Development Ordinance, Act 1978-167 (the Pennsylvania Stormwater Management Act), and the Mahoning Creek/Sechler Run Watershed Stormwater Management Ordinance shall be met to the satisfaction of the Township Zoning Officer prior to the issuance of a zoning permit.
H.
Outdoor lighting on private premises. All outdoor floodlighting and spotlighting on private premises shall be mounted and shielded to effectively eliminate direct glare on adjacent properties or on public streets. In addition, no mercury vapor lamps or lighting fixtures may be used to illuminate off-street parking or loading areas.
§ 250-51 Buffer yards/landscaping.
A.
Where a nonresidential use (commenced after the effective date of this chapter) abuts a residential district, a buffer yard of at least 30 feet shall be required, unless provided otherwise in Article IV, Supplementary Use Regulations. Such buffer yard shall be part of the nonresidential installation and shall be parallel and adjacent to the residential district boundary. Screening, as provided in § 250-52, shall also be placed along the entire length of the buffer yard and shall be owned and maintained by the nonresidential use.
[Amended 9-20-2010]
B.
Where a commercial or industrial use (commenced after the effective date of this chapter) abuts a stream or drainage channel, a buffer yard of at least 50 feet shall be required. The yard shall be measured from the nearest edge of the stream or channel. For residential uses, a buffer of at least 25 feet shall be provided where such a use abuts a stream or drainage channel.
C.
Buffer yards required for residential uses shall be not less than 15 feet in width, unless provided otherwise in Article IV, Supplementary Use Regulations.
D.
All required buffer yards shall be planted and maintained with vegetative material, such as grass, sod, shrubs or other evergreens. Where required within or in place of buffer yards, screening shall be accomplished in accordance with § 250-52 below.
E.
A buffer yard may be considered as part of the required yard space.
F.
No structure, storage of materials, or off-street parking and/or loading areas shall be permitted in a required buffer yard; however, access drives and utilities may cross such yards.
§ 250-52 Screening.
Where required, screening may be accomplished through the use of any one or a combination of the following methods.
A.
Screen plantings.
(1)
Screen planting shall be provided as set forth in Article IV, Supplementary Use Regulations, or where determined necessary by the Township Supervisors to serve as barrier to visibility, glare and/or noise between adjacent properties.
(2)
Plant or vegetative materials, including shrubs or evergreens, used in screen plantings shall be of such species as will produce, within two years, a complete visual screen six feet in height and shall be of such density as is necessary to achieve the intended purpose.
(3)
Screen planting shall be maintained permanently by the lot owner, and any plant material which does not live shall be replaced within one year.
(4)
Screen planting shall be placed so that, at maturity, it will be no closer than three feet to any street right-of-way or property line.
(5)
Screen planting shall be broken only at points of vehicular or pedestrian access or utility easements. In accordance with the provisions of § 250-50D, however, a clear sight triangle must be maintained at all street intersections.
(6)
Where a commercial or industrial use abuts an existing residential use or residential district, all required screen plantings shall extend the entire length of the common boundary.
B.
Fences or walls.
(1)
In lieu of, or in addition to, screen plantings as set forth above, the Township Supervisors may consider the use of a fence or wall as an acceptable barrier to potentially objectionable noise, glare and/or visibility between adjacent properties.
(2)
Fences or walls used to provide required screening shall be at least six feet in height and be of such type as is necessary to achieve the intended purpose.
(3)
Fences or walls used to provide required screening shall meet the requirements set forth in § 250-50C of this chapter.
(4)
Any fence or wall used to provide required screening shall be owned and maintained in a structurally sound condition by the property owner.
C.
Berms or other natural landforms.
(1)
In lieu of, or in addition to, screen plantings as set forth above, the Township Supervisors may consider the use of an earthen berm or other existing or proposed landform as an acceptable barrier to potentially objectionable noise, glare and/or visibility between adjacent properties.
(2)
Berms or landforms used to provide required screening shall be of such height and of such type as is necessary to achieve the intended purpose.
(3)
Any berm or landform used to provide required screening shall be owned and maintained in satisfactory condition by the property owner and may not be altered except for usual maintenance.