Moon Township City Zoning Code
PART 5
SUPPLEMENTAL REGULATIONS
§ 27-501 Accessory Structures and Uses.
[Ord. 658, 4/9/2015]
2.
Setback Requirements. No accessory structures shall be permitted to be located in any portion of the rear yard, side yard or front yard, except:
A.
A freestanding structure accessory to a single-family dwelling (including a private garage, a shed that is more than 200 square feet in gross floor area, a satellite dish, a swimming pool and similar structures) shall be located at least 10 feet from the side lot lines and rear lot lines of a lot and shall not encroach into any recorded easements or rights-of-way.
B.
A shed that is accessory to a single-family dwelling, no more than 200 square feet in gross floor area, and no more than 12 feet in height shall be located at least five feet from the side lot lines and rear lot lines of a lot and shall not encroach into any recorded easements or rights-of-way.
3.
Height. No accessory structures shall have a height greater than the principal structure on the subject property.
4.
Separation from Principal Building. All accessory structures, except swimming pools, shall be separated from the principal building or structure by at least eight feet. If the separation distance between an accessory structure and principal building or structure is less than eight feet, then the accessory structure shall be considered attached to the principal building or structure and must meet all minimum dimensional requirements for the principal building or structure.
5.
Exterior Finish. All accessory structures shall comply with the exterior finish requirements of § 27-519 of this chapter.
6.
Construction. No accessory structure shall be constructed upon a lot until the construction of the principal building or structure has actually been commenced.
7.
Private Garages and Sheds.
A.
A freestanding private garage and a shed shall be no larger than the principle structure on the lot or 1,000 square feet, whichever is smaller.
B.
The maximum height of a freestanding private garage and a shed shall be one-and-a-half stories.
C.
No more than one freestanding private garage shall be permitted per lot.
D.
A shed that is no larger than 80 square feet and that is capable of being moved on a lot shall not require a permit under this chapter.
8.
Service Structures. Service structures shall comply with the service structure landscaping and screening requirements contained in § 27-215 of this chapter.
9.
Satellite Dish. An accessory structure used as a satellite dish shall be in accordance with provisions of this Part.
10.
Retaining Walls.
A.
Retaining walls and similar structures, except landscape walls, shall be considered accessory structures.
C.
A zoning and occupancy permit is required for such structures as set forth in Part 14 of this chapter.
D.
A retaining wall shall be designed by a registered professional engineer who shall certify that the wall is of sound construction, will not cause a dangerous condition and will not constitute a public or private nuisance.
E.
The Township may require retaining walls to be covered with suitable ground cover (such as ivy or other plant material), or an architectural surface treatment finish, or completely screened from abutting properties.
F.
Retaining walls and landscaping walls shall not be erected: (1) within the right-of-way of a street; or (2) within the ten-foot utility right-of-way or easement required by the Standard Details.
G.
When cribbing is used as a type of construction for a retaining wall, the material used must have its exposed surface earth covered and seeded to prevent erosion. No retaining walls shall be constructed of wood cribbing.
H.
Where retaining walls with differences in grade level on either side of the wall are in excess of 30 inches and the high side is located near a walk, path, parking lot, or driveway, or any other location that may be hazardous to pedestrians, such retaining walls shall be provided with guards that are constructed in accordance with the Construction Code [Chapter 5, Part 1] or other Township approved protective measures.
11.
Accessory Use. Notwithstanding the fact that accessory uses may be listed as a permitted use in a zoning district under Table 27-1 (Use Table) of this chapter:
A.
Any accessory use that is of a use classification identified as a conditional use in a zoning district under this chapter shall be considered a conditional use in that zoning district and shall require the developer and/or landowner to apply for and obtain conditional use approval for the accessory use pursuant to the requirements of, and in compliance with, Part 8 of this chapter.
B.
Any accessory use that is of a use classification identified as a special exception in a zoning district under this chapter shall be considered a special exception in that zoning district and shall require the developer and/or landowner to apply for and obtain special exception approval for the accessory use pursuant to the requirements of, and in compliance with, Part 9 of this chapter.
§ 27-502 Temporary Structures and Uses.
[Ord. 658, 4/9/2015]
Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, canopies or fences used for the protection of the public shall be permitted to be erected, provided a temporary structure permit is applied for and obtained from the Zoning Officer pursuant to the requirements of Part 14. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the temporary structure permit.
§ 27-503 Moved Buildings and Structures.
[Ord. 658, 4/9/2015]
Any buildings or structures moved into or within the Township shall comply with the provisions of this chapter for new buildings and structures.
§ 27-504 Building Separation.
§ 27-505 Clear Sight Triangle.
[Ord. 658, 4/9/2015]
In order to prevent the creation of a traffic hazard by limiting visibility at a street intersection, no structure, building, earthen mound, earthen bank, or vegetation exceeding three feet in height shall be allowed within the clear sight triangle.
§ 27-506 Fences and Hedges.
[Ord. 658, 4/9/2015]
Subject to the following conditions, fences and/or hedges may be erected along the boundaries of a lot:
A.
Fences, hedges and other plantings shall comply with the clear sight triangle requirements of § 27-505 of this chapter.
B.
A fence is permitted in the front yard provided that it complies with the following requirements: (1) the fence shall be located at least 12 feet from the cartway and shoulder of the street; and (2) the fence shall not be located within the street right-of-way. A fence is permitted to be located in the side yard and rear yard.
C.
Fences shall be erected to a height not exceeding six feet, except as otherwise provided or required by this chapter.
D.
Barbed wire or other sharp pointed material shall not be used in the construction of a fence unless said material is at least eight feet above the ground level and supported by fencing across its entire length, except where used to contain livestock.
E.
A permit under this chapter shall not be required to construct, maintain or alter a fence that has a height of six feet or less.
F.
If a fence is erected up to the lot line, the Township shall not be responsible for determining the location of the lot line. The owner of the subject property shall be responsible for determining the location of his lot lines and any claims which arise out of the erection of a fence shall be the responsibility of the person who erected the fence.
§ 27-507 General Storage.
[Ord. 658, 4/9/2015]
No lot or premises shall be used as a storage area for junk vehicles, appliances or the storage or collection of any other junk or miscellaneous items unless permitted within the M-1 Industrial District or as permitted by Part 12 (Nonconforming Uses, Structures and Lots) of this chapter.
§ 27-508 Private Swimming Pools.
[Ord. 658, 4/9/2015]
Private swimming pools, in districts where permitted, shall comply with the following conditions and requirements:
A.
The swimming pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
B.
The swimming pool may be located only in the rear yard or side yard of the property on which it is an accessory use.
C.
The swimming pool, including any walls or paved areas or accessory structures adjacent thereto, shall comply with the setback requirements of this chapter.
§ 27-509 Satellite Dish Antennas.
[Ord. 658, 4/9/2015]
1.
Satellite Dish Antennas 1 Meter or Less in Diameter. A satellite dish antenna may be permitted as an accessory structure provided that no satellite dish antenna one meter or less in diameter shall be located in any front yard, unless a variance is granted by the Zoning Hearing Board upon presentation of evidence establishing that the placement of the antenna in the front yard is the only feasible method of obtaining reception because of the physical characteristics of the lot and the location of existing structures on the lot.
2.
Satellite Dish Antennas over one Meter in Diameter. A satellite dish antenna over one meter in diameter shall be permitted as an accessory structure subject to the following requirements:
A.
No antenna shall be located in any front yard, unless a variance is granted by the Zoning Hearing Board upon presentation of evidence establishing that the placement of the antenna in the front yard is the only feasible method of obtaining reception because of the physical characteristics of the property and the location of existing structures on the property.
B.
No more than one antenna shall be located on any one lot in a residential district.
C.
The maximum diameter of any antenna shall be 12 feet.
D.
The maximum height of any freestanding antenna shall be 15 feet.
E.
No part of any freestanding antenna shall be located any closer than 10 feet to any property line.
F.
No antenna shall be located on the roof of any accessory building such as detached garages or sheds.
G.
Roof-mounted antennas shall not be permitted in residential zoning districts, unless a variance is granted by the Zoning Hearing Board upon presentation of evidence that a roof-mounted antenna is the only feasible method of obtaining reception because of the physical characteristics of the lot and the location of existing structures on the lot.
H.
The base of any freestanding antenna shall be screened with landscaping or 100% opaque fencing.
§ 27-510 Radio and Television Antennas.
[Ord. 658, 4/9/2015]
Radio and television antennas, other than satellite dish antennas, which are subject to licensing and/or regulation by the Federal Communications Commission (FCC), are permitted accessory uses subject to compliance with the following requirements:
A.
Any freestanding antenna which is not attached to a dwelling or other principal structure shall be located at least 15 feet from any dwelling unit or principal structure on the lot.
B.
Antennas and associated structures which do not exceed 30 feet in height shall be located at least 15 feet from any property line. Antennas which exceed 30 feet in height shall provide an additional one foot of clearance from the property line for every one foot of height in excess of 30 feet.
C.
Antennas shall not be permitted in any front yard.
D.
The antenna and associated structures shall be securely anchored in a fixed location on the ground and shall otherwise be constructed in accordance with the applicable provisions of the Construction Code [Chapter 5, Part 1]. The applicant shall provide the Township with qualified evidence that the proposed structure will withstand wind and other natural forces and will comply with the applicable provisions of the Construction Code [Chapter 5, Part 1].
E.
The antenna and its associated supports, such as guide wires, or the yard area containing the structure shall be protected and secured to guarantee the safety of the general public. Associated supports and guide wires shall not be located closer than five feet to any property line.
F.
The antenna-related structures located on the ground shall be screened with landscaping or 100% opaque fencing.
G.
The antenna and its associated structure shall comply with all applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Commonwealth Bureau of Aviation regulations and applicable airport zoning regulations, including the AZO Airport Zone Overlay District requirements of Part 3 of this chapter.
§ 27-511 Communications Antennas.
[Ord. 658, 4/9/2015]
Communications antennas and any associated communications equipment structures are permitted in all zoning districts subject to compliance with the following requirements:
A.
Communications antennas shall only be permitted where mounted or located on nonresidential buildings, light poles/standards, or utility transmission poles.
B.
Communications antennas shall be designed and maintained to blend in with the existing structure to the greatest extent possible, and shall be designed and maintained to blend in with the existing surroundings to the greatest extent possible. Further, communications antennas mounted or located on a building roof shall comply with the screening requirements of § 27-520 of this Part.
C.
Communication antennas shall be subject to the following size limitations:
D.
The antenna shall be no more than 12 feet higher than the structure on which it is to be mounted and shall be designed so as to have minimal visual impact to the building or structure, utilizing techniques such as being the same color as the building or structure on which it is located.
E.
There shall be no minimum building setback requirements for the antenna.
F.
Any existing or newly constructed light pole/standard or utility transmission pole may be constructed, reconstructed or altered for the purpose of accommodating the location and/or installation of communications antennas, provided that the height of the light pole/standard or utility transmission pole, once constructed, reconstructed or altered, shall not exceed 65 feet.
G.
All communications antennas shall be operated so that they will not cause interference with other communications antennas.
I.
The antenna and its associated structure shall comply with all applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Commonwealth Bureau of Aviation regulations and applicable airport zoning regulations, including the AZO Airport Zone Overlay District requirements of Part 3 of this chapter.
J.
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit to the Township:
(1)
Certification from an engineer, having demonstrated capability and competence in matters of structural integrity, that the proposed installation will not exceed the structural capacity of the structure or building upon which the communications antenna is proposed to be located, considering wind, ice, snow and other loads associated with the communications antenna location.
(2)
Detailed construction and elevation drawings indicating how the antenna will be mounted on the building or structure for review by the Township Engineer to determine compliance with applicable building codes and other applicable law.
(3)
Authorization from the legal owner of the lot to install the communications antenna and any structure accessory to the communications antenna.
(4)
Agreements, easements, or rights-of-way necessary to ensure access for the purpose of installation and maintenance of the communications antenna and any structure accessory to the communications antenna.
K.
Any accessory communications equipment structure shall comply with the following requirements:
(1)
The communications equipment structure shall be designed and maintained to blend in with the existing surroundings to the greatest extent possible.
(2)
For those communications antennas that are located on a nonresidential building, such communications equipment structure and associated equipment may be located on or within such building.
(3)
For those communications antennas that are located or mounted on an existing or newly constructed light pole/standard, the communications equipment structure and associated equipment may be located at or near the base of such light pole/standard.
(4)
For those communications antennas that are mounted on utility transmission poles, the communications equipment structure and associated equipment shall be located within the utility easement or utility right-of-way.
(5)
Where the area encompassing a communications equipment structure is equal to or less than 100 square feet, the communications equipment structure shall be subject to the height and setback requirements for an accessory structure in the zoning district in which it is located. Where the area encompassing the communications equipment structure is greater than 100 square feet, the communications accessory structure shall be subject to the height and setback requirements for a principal building or structure in the zoning district in which it is located.
§ 27-512 Airport Cargo Facility.
[Ord. 658, 4/9/2015]
An airport cargo facility shall be a permitted use subject to the following express standards and criteria:
A.
The surface of off-street parking and loading spaces shall be paved in accordance with the requirements of Part 6 of this chapter and shall protect the surrounding neighborhood from inappropriate dust and other disturbances.
B.
The point of vehicular access for such airport cargo facility shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on Business Loop 376 (SR 3160).
C.
Storage or transfer of hazardous, toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted only when conducted in strict compliance with applicable federal and state regulations.
D.
The height of the proposed buildings and structures that are used for nonaviation purposes shall be subject to the requirements of the AZO Airport Zone Overlay District (Part 3) and approval by the Federal Aviation Administration (FAA).
E.
Required Bufferyards.
(1)
To facilitate aircraft access to airport cargo facilities, rear bufferyards are not required.
(2)
To facilitate aircraft access to airport cargo facilities, side bufferyards are not required where the abutting use is a use outlined under the definition of airport in this chapter, or which is otherwise used exclusively for aviation purposes.
(3)
Front bufferyards are required except that front bufferyards are not required where the use that abuts the location where the required front bufferyard would be located is another existing aviation use, falling under the definition of airport in this chapter.
(4)
Bufferyard Vegetation. Airport cargo facilities are encouraged to be set back an adequate distance from Business Loop 376 (SR 3160) and other public streets and adjacent properties so that the full amount of required vegetation can be planted in the front bufferyard and not conflict with any federal statute or regulation. If reduced vegetation is necessary to ensure that conflicts with federal statute or regulations do not occur, applicant shall propose and provide alternate nonvegetative screening acceptable to the Township such as six-foot height opaque fencing, decorative brick walls and earthen mounds, unless the applicant demonstrates that the existing or proposed topography will provide adequate screening.
§ 27-513 Animal Grooming Facility.
[Ord. 658, 4/9/2015]
An animal grooming facility shall be a permitted use subject to the following express standards and criteria:
A.
No outdoor pens shall be constructed or provided.
B.
Noise shall not exceed the levels as outlined as acceptable within the performance standards of Part 4A of this chapter.
C.
No overnight boarding facilities shall be provided.
D.
Operations shall be limited to one grooming table.
E.
Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m., prevailing time.
F.
Off-street parking shall be provided for one employee on duty and two patrons maximum.
§ 27-514 Child Day Care Home.
[Ord. 658, 4/9/2015]
A child day care home shall be a permitted use subject to the following express standards and criteria:
A.
The facility shall be licensed by the Department of Public Welfare. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning and occupancy permit for the use. Copies of this valid license shall also accompany the annual operating report to be filed with the Township Police Department and Township Fire Department.
B.
A minimum area for indoor play shall be provided at a ratio of 40 square feet per child.
C.
A minimum area for outdoor play shall be provided at a ratio of 65 square feet per child using the outdoor play area. Long, linear configurations shall be avoided to assure the functionality of the space as an outdoor play area. The outdoor play area shall also:
(1)
Not be less than 20 feet in width at any point.
(2)
Adjoin the building where the facility is located.
(3)
Not be located less than 30 feet from any street right-of-way.
(4)
Not be located less than 10 feet from any property line.
(5)
Contain appropriate yielding surfaces underneath any permanent play equipment.
(6)
Be completely enclosed by a safe, secure and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Department of Public Welfare. Any outdoor play area potentially susceptible to encountering vehicles leaving a street, roadway, travel lanes or access ways shall be protected by a barrier capable of preventing the vehicle from entering the outdoor play area.
D.
Safe vehicular access and areas for discharging and picking up children shall be provided.
§ 27-515 Day-Care Center.
[Ord. 658, 4/9/2015]
A day-care center shall be a permitted use subject to the following express standards and criteria:
A.
The facility shall be licensed by the Department of Public Welfare, or other appropriate state agency. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning and occupancy permit for the use. Copies of this valid license shall also accompany the annual operating report to be filed with the Township Police Department and Township Fire Department.
B.
A facility which provides child care shall provide a minimum area for indoor play at a ratio of 40 square feet per child.
C.
A facility which provides child care shall provide a minimum area for outdoor play at a ratio of 65 square feet per child using the outdoor play area. Long, linear configurations shall be avoided to assure the functionality of the space as an outdoor play area. The outdoor play area shall also:
(1)
Not be less than 20 feet in width at any point.
(2)
Adjoin the building where the facility is located.
(3)
Not be located less than 30 feet from any street right-of-way.
(4)
Not be located less than 10 feet from any property line.
(5)
Contain appropriate yielding surfaces underneath any permanent play equipment.
(6)
Be completely enclosed by a safe, secure and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Department of Public Welfare. Any outdoor play area potentially susceptible to encountering vehicles leaving a street, roadway, travel lanes or access ways shall be protected by a barrier capable of preventing the vehicle from entering the outdoor play area.
D.
Safe vehicular access and areas for discharging and picking up facility attendees shall be provided.
§ 27-516 Group Residence.
[Ord. 658, 4/9/2015]
A group residence shall be a permitted use subject to the following express standards and criteria:
A.
The number of residents shall be limited to no more than six persons.
B.
Where applicable, a license or certification shall be obtained from the Commonwealth of Pennsylvania or County of Allegheny prior to the issuance of a certificate of occupancy.
C.
The operator of the group residence shall provide the Zoning Officer with:
D.
A change in ownership or operators of the group residence or a change in basic operating procedures or general service provisions or conditions of approval shall constitute a new use requiring a new zoning and occupancy permit.
§ 27-517 No-Impact Home-Based Business.
[Ord. 658, 4/9/2015]
No-impact home-based businesses, which comply with the definition and standards of this chapter, shall be permitted as an incidental use to any principal dwelling unit in all residential zoning districts as long as the business or commercial activity satisfies the following requirements, except that such permission shall not supersede any deed, restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to a common interest ownership community.
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no more than one employee other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights; except that the name of the business may be indicated on the residence mailbox, as long as the mailbox sign does not exceed one square foot in area.
E.
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in a neighborhood.
F.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business shall not involve any illegal activity.
§ 27-518 Residential Recreation Facility.
[Ord. 658, 4/9/2015]
A residential recreation facility shall be a permitted use subject to the following express standards and criteria:
A.
Residential recreation facility uses are specifically limited to the following:
B.
Accessory uses to the residential recreation facility are specifically limited to the following:
(1)
Announcing stands.
(2)
Batting cages.
(3)
Bleachers for spectators.
(4)
Concession stands limited to a maximum gross floor area of 1,000 square feet.
(5)
Dugouts.
(6)
Fences.
(7)
Off-street parking areas.
(8)
Restrooms.
(9)
Safety/security lighting.
(10)
Storage building limited to a maximum gross floor area of 200 square feet.
(11)
Trash collection facilities.
C.
The use shall not include outdoor lighting, except for safety/security lighting which shall be a maximum of two footcandles measured at three feet above ground level. Such lighting shall not spill over onto adjacent properties and the illumination level shall be a maximum of 0.1 footcandle when measured from an adjacent lot line. The maximum height of freestanding poles for safety/security lighting shall not exceed 25 feet.
D.
The use shall not generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. For purposes of this section, this noise restriction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject recreation facility. Outdoor speakers shall not be used between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. The volume and direction of outdoor speakers shall be regulated to minimize impact on adjacent properties.
E.
Any outdoor facility within 300 feet of an existing dwelling shall cease operations by no later than 10:00 p.m., prevailing time.
F.
Operations shall be regulated so that nuisances, such as visual blight, glare and noise as defined by Part 4A of this chapter, shall not be created.
G.
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, members, customers, visitors and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the employees, members, customers, visitors and guests.
H.
Vehicular and pedestrian access to the proposed development shall be provided and designed to maximize pedestrian and vehicle safety.
I.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
J.
A traffic impact study shall be required when determined necessary by the Township Traffic Engineer based upon a review of the proposed development, the scope of anticipated traffic and the traffic issues on adjacent streets. Any required traffic impact study shall comply with § 27-522 of this chapter.
K.
Adequate water and sanitary facilities shall be provided that are available for public use.
L.
Off-street parking shall be provided and maintained in accordance with a Township-approved parking needs analysis. See § 27-602, Subsection 4, of this chapter. Minimum suggested parking spaces for sports fields and swimming pool:
(1)
Baseball field: 15 parking spaces per diamond.
(2)
Basketball court: six parking spaces per court.
(3)
Football field: 16 parking spaces per field.
(4)
Lacrosse field: 16 parking spaces per field.
(5)
Multi-purpose recreation field: 16 parking spaces per field.
(6)
Soccer field: 16 parking spaces per field.
(7)
Softball field: 15 parking spaces per diamond.
(8)
Swimming pool: one parking space for each 50 square feet of water surface area.
(9)
Tennis court: two parking spaces per court.
(10)
Volleyball court: six parking spaces per court.
M.
Any recreation facility in existence in the Township prior to April 9, 2015, may continue and shall not be required to comply with the requirements of this § 27-518 to the extent of the scope of nature of the use existing as of that date. Any such facility may be expanded without having to comply with the requirements of this § 27-518 provided said expansion:
(1)
Does not involve construction of any new building, or the expansion of any existing building exceeding 50% of the lot coverage legally occupied as of April 9, 2015.
(2)
Is on the same lot as the existing recreation facility, as the lot or those lots existed as of April 9, 2015.
(3)
Does not involve a change in the specific type of recreation facility.
(4)
Does not trigger a traffic study under § 27-522 of this chapter as a result of the new traffic created by the expansion.
Any expansion of a recreation facility not meeting the requirements of subparagraphs (1), (2), (3) and (4) shall not be permitted unless the property owner applies for and obtains a zoning and occupancy permit and complies with the requirements of this section. |
§ 27-519 Exterior Finishes.
[Ord. 658, 4/9/2015]
The exterior finish of a building, whether finished face brick, wood veneer, siding or any other finished facing materials approved by the Zoning Officer, shall come down the building to within six inches of finished grade. Plain masonry block or poured concrete shall not be considered a finished product; nor shall either of these construction surfaces be considered as a finished product if painted.
§ 27-520 Screening of Roof Equipment.
[Ord. 658, 4/9/2015]
Mechanical equipment designed to be located on the roof of a structure/building must be screened with typical building materials approved by the Zoning Officer. The screen must be designed to complement building design and conceal this equipment from neighboring property owners and the public on adjacent streets.
§ 27-521 Portable Storage Units for On-Site Storage.
[Ord. 658, 4/9/2015]
A portable storage unit shall be subject to the following restrictions and regulations:
A.
There shall be no more than one portable storage unit per lot.
B.
A portable storage unit shall not be placed within a street right-of-way.
C.
A portable storage unit shall be no larger than eight feet wide, 16 feet long and eight feet high.
D.
No portable storage unit shall remain in a residential zoning district in excess of 14 consecutive days, and portable storage units shall not be placed on a lot in a residential zoning district in excess of 30 days in any calendar year. The portable storage unit shall be removed from the lot by the expiration date on the zoning and occupancy permit for the subject portable storage unit issued by the Zoning Officer.
E.
No portable storage unit shall remain on a lot in a nonresidential zoning district in excess of 30 consecutive days, and portable storage units shall not be placed on a lot in a nonresidential zoning district in excess of 45 days in any calendar year. The portable storage unit shall be removed from the lot by the expiration date on the zoning and occupancy permit for the subject portable storage unit issued by the Zoning Officer.
F.
A portable storage unit shall be permitted during construction, reconstruction, alteration or renovation of the principal building and for an additional period of three calendar days before and after such activity, provided a building permit has been issued by the Township. The portable storage unit shall be removed from the lot before the Code Official issues a certificate of occupancy under the Construction Code [Chapter 5, Part 1], or if the construction activity ceases for a period of more than seven consecutive calendar days.
G.
A portable storage unit may be located on a lot during an emergency situation as declared by the appropriate federal, state, county or Township agency pursuant to a temporary permit issued by the Zoning Officer. The portable storage unit shall be removed from the lot within seven calendar days after the end of the emergency declaration by the appropriate federal, state, county or Township agency.
H.
It shall be unlawful for any person to place, or permit the placement of, a portable storage unit on property which he or she owns, rents, occupies or controls without first having obtained a zoning and occupancy permit for the subject portable storage unit from the Zoning Officer.
I.
Application for a zoning and occupancy permit for a portable storage unit shall be made to the Zoning Officer on a form provided by the Township. The Zoning Officer shall determine the most appropriate location for the portable storage unit to be placed on the lot. The permit fee, in an amount to be established from time to time by resolution of the Township Board of Supervisors, shall accompany the application. The issuance of a zoning and occupancy permit for the portable storage unit shall allow the applicant to place the portable storage unit on the subject lot in the location specified in the permit in conformance with the requirements of this chapter. The zoning and occupancy permit for the portable storage unit shall be posted in plain view on the subject lot.
§ 27-522 Traffic Impact Studies.
[Ord. 658, 4/9/2015]
1.
Traffic Impact Study Required. A traffic impact study shall be submitted to the Township pursuant to the requirements of § 22-313 of the Subdivision and Land Development Ordinance [Chapter 22] when:
A.
A proposed development is expected to generate, on average: (1) 100 or more new peak hour trips on any adjacent street; or (2) 1,000 or more average daily trips (ADT) on any adjacent street. The estimated number of trips shall be determined by an analysis of similar uses through data collected by the Institute of Transportation Engineers (ITE) or through similar uses acceptable to the Township.
B.
A proposed development or change in use is expected to generate less than the trip criteria referenced in Subsection 1A above, but known traffic deficiencies exist in the area of the proposed development or change in use, as determined by the Township Traffic Engineer. The Township may waive the study requirement for an individual development or change in use where the ITE traffic generation data of said development or change in use documents a de minimis increase in the number of trips generated.
D.
When specifically required by this chapter.
2.
Traffic Impact Study Requirements. When required, a traffic impact study shall be submitted as part of any application for a permit or approval under this chapter. A scope of work for the study shall be first submitted to the Township for approval. The study shall be performed by a qualified professional traffic engineer with experience preparing traffic impact studies. The applicant and study shall comply with the requirements and standards for traffic impact studies outlined in the Subdivision and Land Development Ordinance [Chapter 22].
§ 27-523 Driveways.
§ 27-524 Solar Photovoltaic System.
[Added by Ord. 660, 1/4/2016]
A solar photovoltaic system shall be permitted subject to the following express standards and criteria:
A.
Location Within a Lot; Setback.
(1)
A building-mounted solar system is permitted to face any rear yard, side yard, and front yard or any unregulated yard area as defined in this chapter.
(2)
A ground-mounted solar system is permitted subject to compliance with the requirements of this chapter; provided, however, a ground-mounted solar system shall not be located any closer to a front lot line than the principal structure on the subject property.
(3)
No part of a ground-mounted solar system shall extend over the required rear or side building setback line due to a solar tracking system or other adjustment of solar PV equipment or parts.
B.
Design and Installation.
C.
Height Restrictions.
(1)
For a building-mounted solar system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.
 |
(2)
For a building-mounted solar system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
 |
(3)
For a building-mounted solar system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.
(4)
A ground-mounted solar system shall not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.
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D.
Screening and Visibility.
(1)
A building-mounted solar system on a sloped roof shall not be required to be screened.
(2)
A building-mounted solar system mounted on a flat roof shall not be visible from a street right-of-way within a one-hundred-foot radius of the subject property at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the street right-of-way within a one-hundred-foot radius when measured at a distance of five feet from the ground.
E.
Impervious Lot Coverage Restrictions. The surface area of any ground-mounted solar system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the applicable lot coverage limitation for the subject property. If the ground-mounted solar system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitation for the subject property.
F.
Performance Requirements. All solar PV systems shall comply with the applicable performance standards of this chapter.
§ 27-525 Medical Marijuana Dispensary.
[Added by Ord. 664, 2/1/2017]
A medical marijuana dispensary shall be a permitted use in the zoning district(s) specifically identified in Table 27-1 (Use Table) of this chapter, subject to the following express standards and criteria:
A.
The facility shall hold a valid permit from the Department of Health to dispense medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Township.
B.
The facility shall comply with the requirements for a dispensary under the Medical Marijuana Act and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Township.
§ 27-526 Medical Marijuana Grower/Processor.
[Added by Ord. 664, 2/1/2017]
A medical marijuana grower/processor shall be a permitted use in the zoning district(s) specifically identified in Table 27-1 (Use Table) of this chapter, subject to the following express standards and criteria:
A.
The facility shall hold a valid permit from the Department of Health to grow and process medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Township.
B.
The facility shall comply with the requirements for a grower/processor under the Medical Marijuana Act and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Township.
§ 27-527 Assisted Living Facility.
[Added by Ord. 668, 9/6/2017]
Where Table 27-1 (Use Table) of this chapter permits an assisted living facility as a permitted use in the BP Business Park District, such assisted living facility shall comply with the following express standards and criteria:
A.
The facility shall hold a valid permit from the Commonwealth of Pennsylvania prior to the issuance of a certificate of occupancy.
B.
The facility shall have a minimum of 150 assisted living units.
C.
The facility shall only involve the adaptive reuse of an existing principal building.
[Amended by Ord. No. 676, 10/3/2018]
§ 27-528 Personal Care Home.
[Added by Ord. 668, 9/6/2017]
Where Table 27-1 (Use Table) of this chapter permits a personal care home as a permitted use in the BP Business Park District, such personal care home shall comply with the following express standards and criteria:
A.
The facility shall hold a valid permit from the Commonwealth of Pennsylvania prior to the issuance of a certificate of occupancy.
B.
The facility shall have a minimum of 150 personal care units.
C.
The facility shall only involve the adaptive reuse of an existing principal building.
[Amended by Ord. No. 676, 10/3/2018]
§ 27-529 Life Care Facility.
[Added by Ord. No. 676, 10/3/2018]
1.
Where Table 27-1 (Use Table) of this chapter permits a life care facility as a permitted use in the BP Business Park District, such life care facility shall comply with the following express standards and criteria:
§ 27-530 Keeping of Chickens.
[Added by Ord. No. 685, 4/3/2019]
1.
Where Table 27-1 (Use Table) of this chapter permits the keeping of chickens as a permitted use in all residential districts, this use shall comply with the following express standards and criteria:
A.
The keeping of chickens which comply with the definitions and standards of this chapter shall be permitted as an incidental use to any principal dwelling unit in all residential zoning districts as long as the use satisfies the following requirements, except that such permission shall not supersede any deed, restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to a common interest ownership community.
B.
Any person wishing to engage in the accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for review and approval. Approval shall be subject to the following standards:
(1)
The number of chickens permitted on your property is based the following table and calculation:
Property Size (acres) | Animal Units Allowed | Chickens 0.04 Unit Equivalent |
|---|---|---|
0.1 | 0.05 | 0 |
0.2 | 0.1 | 3 |
0.3 | 0.15 | 4 |
0.4 | 0.2 | 5 |
0.5 | 0.25 | 6 |
0.6 | 0.3 | 7 |
0.7 | 0.35 | 8 |
0.8 | 0.4 | 10 |
0.9 | 0.45 | 11 |
1.0 | 0.5 | 12 |
Number of chickens permitted — Animal Units Allowed/Unit Equivalent + Number of chickens allowed
(2)
The maximum number of chickens/ducks permitted on a residential lot is 12.
(3)
No person shall keep or maintain a rooster.
(4)
The chicken coop shall be located in a back yard only, a minimum of 10 feet from any lot line, and the minimum coop size shall be three square feet per chicken.
(5)
An outside run shall be attached to the coop, 10 feet from any lot line, and sufficiently contain the chickens; any chickens not contained shall considered running at large.
(6)
All feed, water, and other items for keeping chickens shall be secured to prevent rats, mice, or other vectors from infesting.
(7)
Chicken feces must be properly collected, stored, and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards.
(8)
The selling of chickens or chicken products for commercial purposes is prohibited from a residential property.
(9)
Slaughtering and butchering in public view is prohibited.
(10)
No chickens shall be kept in a two-family dwelling community, quadplex dwelling community, townhouse community, apartment community, or mobile home park.
§ 27-531 Keeping of Bees.
[Added by Ord. No. 685, 4/3/2019]
1.
Where Table 27-1 (Use Table) of this chapter permits the keeping of bees as a permitted use in all residential districts, such use shall comply with the following express standards and criteria:
A.
Any person wishing to engage in this accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for approval. Approval shall be subject to the following standards:
(1)
The first 4,000 square feet of any parcel, up to two hives are allowed: each additional 2,000 square feet of any parcel is permitted two additional hives. A maximum of 10 hives may be kept per property.
(2)
Apiaries shall be prohibited from being located in the front or side yard of any property. Any hive shall be set back a minimum of 10 feet from any lot line.
(3)
Beekeeping facilities shall not be within 50 feet of a previously established swimming pool.
(4)
A supply of fresh water shall be maintained in a location readily accessible to all honeybee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties between April 1 and November 1.
(5)
All colonies shall face away from closest neighboring property.
(6)
Flyway barriers shall be required if the beekeeper is unable to direct bee flight pathways above six feet across the beekeeper's property. A flyway barrier shall be six feet in height and within five feet distance from the hive. No flyway barrier is required for hives on porches or balconies at least 10 feet above grade.
(7)
Bees shall be kept for personal use only. The selling of bees or bee products for commercial purposes is prohibited from a residential property.
(8)
No person shall keep or maintain Africanized honeybees.
(9)
No bees shall be kept in a two-family dwelling community, quadplex dwelling community, townhouse community, apartment community, or mobile home park.