Nether Providence Township
City Zoning Code
City Zoning Code
ARTICLE IV
R-1 Residence Districts
§ 300-7 Applicable regulations.
In R-1 Residence Districts, the following regulations shall apply.
§ 300-8 Permitted uses; accessory uses.
[Amended 9-14-1961 by Ord. No. 373; 5-12-1977 by Ord. No. 479; 9-11-1980 by Ord. No. 504]
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and for no other:
A.
Single-family detached dwelling.
B.
Golf course.
C.
When authorized as a special exception, a place of religious worship, including an adjacent house as a residence for a presiding minister.
D.
Tilling of the soil.
F.
Railway passenger station for daily commuter rail service, provided that contained within such station there may be a professional office of a physician, attorney, dentist, accountant, architect, professional engineer or similar profession; provided further that the office does not exceed 70% of the net square footage of the station.
[Amended 1-8-2004 by Ord. No. 679]
H.
Accessory uses.
(1)
Such accessory use of the same lot as is customarily incidental to and part of any of the above permitted uses. The term "accessory use" shall include a business only when permitted by special exception in accordance with the following standards in addition to and without limiting the standards provided at § 300-122C and D relating to special exceptions generally.
[Amended 7-10-2003 by Ord. No. 674]
(a)
Home professional office.
[1]
In residential districts, all dwelling units may be used for a home professional office when approved as a special exception.
[2]
A home professional office may be permitted if the principal person using the office is the resident of the dwelling unit. Such office shall be incidental or secondary to the principal use of the property as a residence.
[3]
Professions for which an accessory use office may be operated in a residentially zoned dwelling may include a physician, attorney, dentist, accountant, architect, professional engineer, or similar profession who customarily has an office in the home. A professional office shall not be interpreted to include a real estate office or other commercial office, shop or use such as a barber shop, beauty shop, hair stylist or a funeral home.
[4]
Not more than one person shall be employed by the practitioner of the professional occupation, such as a secretary, clerk, professional or technical assistant except that two members of a recognized profession related to each other by blood, marriage or legal adoption shall be permitted to practice together.
[5]
The area used for the practice of a profession shall occupy no more than 30% of the total floor area.
[6]
The profession shall be clearly incidental to the residential use of the dwelling or dwelling unit and shall not change the essential residential character of a dwelling.
[7]
No external alterations inconsistent with the residential use of the dwelling shall be permitted.
[8]
No display of products and no window or other sign shall be visible from outside the building, except for a name or accessory use sign as permitted outside a dwelling in the sign regulations.
[9]
Three off-street parking spaces shall be required, located to the side or rear of the premises and not in the front yard, in addition to those otherwise required in this subsection for a single-family dwelling.
[10]
The home professional office of a physician shall not include a biological or other medical testing laboratory.
[11]
Support personal shall be permitted but limited to the minimum necessary to support the home occupant(s) professional to render services and must be specifically identified by function and number for approval under this subsection. Support personal who do not reside at the residence shall not include persons whose services are separately billed.
(b)
Home occupations.
[1]
In residential districts, all dwelling units except apartments may be used for home occupations as special exception when approved by the Zoning Hearing Board.
[2]
Such office shall be located entirety within the dwelling in which the operator resides.
[3]
Not more than one person shall be engaged or employed in such home occupation who is not a resident of the dwelling.
[4]
The area used for a home occupation shall not exceed 30% of the total floor area.
[5]
The occupation shall be clearly incidental to the residential use of the dwelling and dwelling unit.
[6]
No external alterations inconsistent with the residential use of the dwelling shall be permitted.
[7]
No manufacturing, repairing or other mechanical work, performed in connection with such home occupation, shall be performed in any open and/or outdoor area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.
[8]
No storage of materials or products shall be permitted in open and/or outdoor areas.
[9]
No goods or services shall be offered for sale or lease to the general public on the premises except that business conducted primarily by mail or telephone shall be permitted.
[10]
The operator must demonstrate safe and adequate vehicle access in and out of the premises, adequate off-street parking with sufficient visual screening of adjacent properties, and provide for adequate stormwater drainage of parking areas, and demonstrate the accessory use will not have an adverse effect on traffic conditions to the satisfaction of the Township Engineer.
(c)
Teaching and tutoring.
[1]
Teaching and tutoring in a single-family detached dwelling is permitted, after the effective date of this subsection, as an accessory use to a single-family detached dwelling, when authorized as a special exception and subject to the requirements of this subsection.
[2]
There shall be no structural change to the exterior of the single-family detached dwelling to accommodate teaching and tutoring.
[3]
No directional, identifying or other type of sign for the teaching or tutoring shall be permitted.
[4]
The hours of operation shall be limited to 9:00 a.m. to 8:00 p.m. prevailing time,
[5]
The terms "teaching and tutoring" as used in this section shall be construed to have the meaning: Instruction in lawful learning activities and musical instruments for a fee by a resident of the single-family detached dwelling of a visitor and extending at no time to more than one such student on the premises at any one time.
(2)
A family day-care home in a single-family detached dwelling is permitted, after the effective date of this subsection, as an accessory use to a single-family detached dwelling, when authorized as a special exception, and subject to the requirements of Subsection H(2)(a) to H(2)(o), inclusive, of this subsection. The term "family day-care home" shall not include a group day-care home or a day-care center.
(a) CAREGIVER CHILD CHILD DAY CARE[1] [2] DROP-IN CARE FAMILY DAY-CARE HOME INFANT TODDLER
As used in this Subsection H, the following words and phrases shall be construed to have the meanings below:
A person who, in a family day-care home, provides care and supervision to children, implements daily activities and interacts with children.
A person 15 years of age or younger.
Care in lieu of parental care given for part of the twenty-four-hour day to children under 15 years of age, away from their own homes. This includes the concept of drop-in care. Because of the nature of drop-in care, the number-of-children limits in the definition for "family day-care home" below may occasionally be exceeded for a brief time as pickups and dropoffs occur.
Child day care does not include day care furnished in places of worship during religious services, child care provided incidental to a registered nursery school or occasional baby-sitting service in or out of the child's home.
Care for a child for fewer than four consecutive hours, on an intermittent basis.
Any single-family detached dwelling in which child day care is provided at any one time to four, five or six children, excluding children, grandchildren or foster children of the caregiver. However, at no time shall the total number of children under the age of 12 years, including children, grandchildren or foster children of the caregiver, exceed eight, of which no more than four may be infants and/or toddlers.
A child approximately zero to 18 months of age.
A child approximately 18 to 36 months of age.
(b)
The single-family detached dwelling shall be located on a lot which has its own exclusive accessway to a street, public or private (no property with a common driveway may be used as a family day-care home).
(c)
Each family day-care home, prior to commencing operations, shall be registered to provide family day-care service with and receive a registration certificate from the Township and pay to the Township a registration fee as set forth by resolution of the Board of Commissioners from time to time.[3] All registration certificates shall be valid for only 12 months and must be renewed annually.
[1]
Each family day-care home shall be registered to provide family day-care service with and receive a registration certificate from the Commonwealth of Pennsylvania pursuant to the provisions of the Pennsylvania Public Welfare Code, 62 P.S. § 1001 et seq.
[2]
Each family day-care home shall comply with all of the Regulations for Family Day Care Homes issued by the Commonwealth of Pennsylvania, Department of Public Welfare, Day Care Division, dated June 13, 1981, a copy of which is on file with the Township and are incorporated herein by reference. Each family day-care home shall also comply with the health regulations for children and staff as set forth in Appendix A attached hereto and incorporated herein by reference.[4] There shall be a minimum of two caregivers present at all times when there are more than six children (including children, grandchildren or foster children of the caregiver) present in the family day-care home; or when the number of infants plus toddlers present totals more than three, there must be at least two caregivers present.
[4]
Editor's Note: Appendix "A" is on file in the office of the Township Manager.
(d)
There shall be no structural change to the exterior of the single-family detached dwelling to accommodate the family day-care home.
(e)
No directional, identifying or other type sign for the family day-care home shall be permitted.
(f)
The hours of operation of the family day-care home shall be limited to the hours of 7:00 a.m. to 7:00 p.m. prevailing time.
(g)
The family day-care home shall be operated by a permanent resident of the single-family detached dwelling.
(h)
No family day-care home shall be located closer than 1,000 feet to any other family day-care home. The one-thousand-feet distance shall be measured by drawing a circle with a one-thousand-foot radius around the proposed facility at the center.
(i)
No smoking shall be permitted in the single-family detached dwelling during the hours of operation of the family day-care facility.
(j)
The premises used for any family day-care home shall be subject to inspection during normal business hours by Township officials and agents, including Health Officer and Fire Marshall, to determine compliance with all applicable Township ordinances and codes.
(k)
The premises used for any family day-care home shall contain a play area of a minimum of 1,000 square feet, located in the rear yard of the single-family dwelling, enclosed by a fence with a minimum height of four feet, substantially constructed and maintained in a safe and first-class condition. All outdoor play equipment shall be used and kept within the fenced-in play area. Children, when outdoors of the family day-care home, shall not be allowed to play outside the fenced area.
(l)
The premises used for any family day-care home shall contain an automatic fire alarm system which will detect a fire and activate an on-site alarm and notify an emergency call-monitoring station. Family day-care home facilities in existence and operating on the effective date of this subsection shall have three months from the adoption of this subsection to install the required fire alarm system.
(m)
The premises used for any family day-care home shall contain portable fire extinguisher equipment in accordance with the provisions of the National Fire Protection Association, 10 Standard, 1978 Edition, which equipment shall be inspected and maintained in accordance with said standard. The caregiver shall be trained in the emergency use of such portable fire extinguisher equipment.
(n)
The caregiver shall document and install an emergency evacuation plan, which shall be kept on the premises used for any family day-care home, and shall monthly conduct an evacuation drill pursuant to the evacuation plan and keep on the premises a record of the date, time and result of all such evacuation drills. All caregiver assistants shall be thoroughly instructed on the details of this plan. Each child (except infants) shall also be so instructed.
(o)
At least one caregiver shall be present at all times who has been trained in and is currently certified under the auspices of the American Red Cross in adult and infant cardiopulmonary resuscitation (CPR).
[2]
Editor's Note: Section 2 of Ord. No. 572 provided as follows: "The Township Manager is authorized and directed to prepare necessary forms, procedures and regulations to implement and carry out the provisions of this Ordinance, which forms, procedures and regulations shall be issued and become effective when approved by Resolution by the Board of Commissioners."
I.
No-impact home-based businesses.
[Added 4-10-2003 by Ord. No. 673]
(1) NO-IMPACT HOME-BASED BUSINESSES
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
(2)
A permitted no-impact home-based business shall comply with all of the following restrictions and standards:
(a)
The business activity shall be compatible with the residential use of the property.
(b)
The business shall employ no employees other than persons residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling of inventory.
(d)
There shall be no outside appearance of business.
(e)
The business activity may 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.
(f)
The business activity may not generate any solid waste or sewage discharge which is not of a type or amount normally associated with residential use.
(g)
The business activity conducted may not occupy more than 30% of the floor area; and the business activity may not involve any illegal activity.
§ 300-9 Lot area requirements.
[Amended 12-10-1992 by Ord. No. 581]
A lot area of not less than 20,000 square feet per family shall be provided for every building hereafter erected, altered or used in whole or in part as a dwelling.
§ 300-10 Building area and impervious surface requirements.
[Amended 3-8-2007 by Ord. No. 718]
The building area shall not exceed 20% of the lot area, and not more than 25% of any lot area shall be covered by impervious surfaces.
§ 300-11 Front yards; corner lots.
[Amended 12-10-1992 by Ord. No. 581; 12-12-1996 by Ord. No. 599]
A.
There shall be a front yard, the depth of which shall be at least 40 feet.
B.
In the case of a corner lot, a front yard as provided for in Subsection A shall be required on each street on which the lot abuts.
C.
Frontage. Each lot shall have a frontage on a right-of-way of no less than 110 feet.
[Added 7-10-1997 by Ord. No. 621]
§ 300-12 Side yards.
[Amended 12-10-1992 by Ord. No. 581; 12-12-1996 by Ord. No. 599]
In the case of a single-family dwelling, there shall be two side yards, one on each side of the main building, neither of which shall be less than 25 feet wide, and together having an aggregate width of not less than 70 feet.[1]
[1]
Editor's Note: Former Section 307, which dealt with side yards for buildings other than single-family dwellings and which immediately followed this section, was deleted 12-10-1992 by Ord. No. 581.
§ 300-13 Rear yards.
[Amended 12-10-1992 by Ord. No. 581; 12-12-1996 by Ord. No. 599]
There shall be a rear yard, the depth of which shall be at least 35 feet. In the case of a building over 40 feet in height, the depth shall be increased five feet for each 12 feet or portion thereof by which the building exceeds 40 feet in height. [1]
[1]
Editor's Note: Former Section 309, which dealt with changing existing dwellings into two-family or multiple dwellings and which immediately followed this section, was repealed 1-19-1960 by Ord. No. 354.
§ 300-14 Flag lots.
[Added 12-10-1992 by Ord. No. 581; amended 5-11-2006 by Ord. No. 710]
A.
A "flag lot" is a building lot whose frontage on the public street is less than that required by the Zoning Ordinance for its zoning district but in all other regards meets the zoning requirements. Its general configuration is a main body of the lot, connected to the street by a private accessway.
B.
A flag lot shall not be permitted unless it complies with all of the following requirements and conditions:
(1)
Permitted use. The principal use is for a detached single-family dwelling.
(2)
Lot area and building area. The lot area shall be at least 25% greater than the minimum lot area requirements of the zoning district where the lot is located and shall be calculated without including the area within the accessway. The building area shall not exceed the maximum building area allowed in the a zoning district where the flag lot is located and shall be calculated without including the area within the accessway.
(3)
Accessway width. The accessway width at the public street and throughout its length shall be not less than 50 feet. Access shall not be permitted by easement.
(4)
Accessway length. The accessway length shall be not more than 200 feet from its intersection with the public street, measured from the street intersection to the point along the accessway at which the accessway joins the main body of the flag lot.
(5)
Required yard setbacks. Front, side and rear yard setbacks shall each be not less than 50 feet or twice that of the zoning district, whichever is greater. The front yard setback shall be measured from the rear property line of the front lot. The side yards shall have a minimum setback of an aggregate of 100 feet.
(6)
Common accessways. Each flag lot shall have its own accessway for its exclusive use. Common accessways are prohibited.
(7)
Side line angle. The side lines of the accessway shall intersect the street line at an angle of between 75° and 95°.
(8)
Structure. No structure of any type shall be erected or used within the accessway.
(9)
Emergency vehicles. All accessways shall be designed and constructed to permit access of fire and emergency equipment.
(10)
Drainage. Drainage improvements shall be made to the lot and the accessway to minimize erosion, to minimize the flow of stormwater, sedimentation or other adverse effects to assure that there is not adverse impact on adjacent and nearby lots, the accessway or the public street.
(11)
Accessway location. Accessways to flag lots shall not be located less than 500 feet from the intersection of two public roads nor less than 500 feet from another flag lot accessway. The location of the intersection of the accessway with the public road shall be such that access to and from said public road, the paving, drainage and use of the accessway and any other site considerations will not adversely affect the neighboring properties or the public road.
C.
Flag lots may be permitted by special exception where the distance of the accessway to the closest intersection of two public roads is less than what is permitted in Subsection B(11) above but the flag lot otherwise complies with the requirements of this § 300-14, if the accessway is at least 400 feet from the closest intersection and the Zoning Hearing Board finds that the proposed flag lot will not adversely impact traffic safety in and approaching that intersection.