Newlin Township City Zoning Code

The ADU shall be located within the principal dwelling unit or an existing or new structure or outbuilding (such as barns, stables, carriage houses, and garages).

Maximum number of ADUs per legal building lot:

Maximum square footage of any ADU:

An applicant for a building permit for an accessory dwelling unit (including a permit to convert an existing dwelling by adding an accessory dwelling within the existing dwelling unit) shall present, with a building permit application, a permit from the Chester County Health Department indicating that there are sufficient sewage disposal facilities for the additional dwelling unit and that the existing domestic water supply facilities are adequate to serve both the principal and accessory dwelling unit. The applicant must also present a restrictive covenant in recordable form which can be recorded against the property to prohibit future enlargement of the ADU or creation of additional ADUs beyond the limits, regarding size and number, allowed in this chapter.

The ADU shall not be permitted to have an additional accessory building, such as a garage, unless such building is preexisting.

For ADUs in new structures, and for expansions of existing structures, all yard setback requirements shall be the same as for the new principal structures.

The owner of the lot shall live in the principal dwelling or in the accessory dwelling unit on a permanent basis.

Not less than one off-street parking space shall be provided for the ADU in addition to the spaces required by Article IX of this chapter for the principal dwelling. No additional front yard areas shall be used for parking.

The ADU shall not be subdivided from the parent tract.

Detached garages.

Sheds and other accessory structures.

Purposes. The purposes of this section are to create an Airport District Overlay that:

Relation to other Zoning Districts. The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.

Definitions. The following words and phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise.

Establishment of airport zones. There are hereby created and established certain zones within this section, defined in § 240-38C and depicted on Figure 1, and illustrated on the Chester County G.O. Carlson Airport Surface Area Map, included in the appendix[2] and hereby adopted as part of this chapter, which include:

Permit applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first apply to the Federal Aviation Administration (FAA) for review and clearance approval, providing the Township with documentation in compliance with 14 CFR Part 77 Subpart B (FAA Form 7460-1, as amended or replaced); and shall notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. However, any person who plans to erect said structure or object of a height less than or equal to 35 feet shall be exempt from the requirements of this chapter, § 240-38. The FAA clearance approval and the Department's BOA response must be included with this permit application for it to be considered complete. If the FAA issues a clearance approval and if the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay Ordinance. If the FAA does not issue a clearance approval or if the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 240-38F. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

Variance. Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

Use restrictions. Notwithstanding any other provisions of this chapter, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the G.O. Carlson Airport.

Preexisting nonconforming uses. The regulations prescribed by this § 240-38 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.

Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this § 240-38 may be conditioned according to the process described in § 240-38F to require the owner of the structure or object of natural growth in question to permit Newlin Township, at its own expense, or to require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.

Violations and penalties. Any violation of § 240-38 is subject to the enforcement, penalty and remedy provisions in § 240-140 of this Chapter 240, Zoning.

Appeals. Procedures for relief from the literal provisions of this § 240-38 shall be followed as set forth in Article XII, Hardship Relief, of this chapter.

Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this § 240-38 and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.

Severability. If any of the provisions of this § 240-38 or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this § 240-38 are declared to be severable.

Location within single-family dwellings. The bed-and-breakfast facility shall be permitted only within a single-family detached and owner-occupied dwelling or existing dwellings accessory thereto on the same property as the owner-occupied dwelling.

Principal use not to change. At any time when a bed-and-breakfast facility is operated, the principal use of the property upon which it is operated shall remain that of a single-family dwelling.

Maximum tenancy. The length of stay for any guest shall not exceed seven uninterrupted days.

Meals. Meals that are served by the facility shall consist of breakfast only and shall be provided only for the guests of the establishment. The owner/operator of the facility shall comply with all federal, state and local requirements for the preparation, handling and serving of food as well as other applicable health and regulatory mandates.

Amenities for the use of guests only. All amenities provided for guests, including, but not limited to, swimming pool, tennis courts and the like shall be limited to the sole use of the resident owner and the guests of the bed-and-breakfast facility.

Guest register required. The resident owner shall maintain a guest register that shall contain the names, addresses and length of stays of all guests. The owner shall maintain this register for not less than three years.

Compliance with other applicable regulations. All bed-and-breakfast facilities shall comply with all rules, regulations and requirements of the Chester County Health Department. Prior to the issuance of a use and occupancy permit for the facility, evidence shall be supplied to the Township certifying that the proposed bed-and-breakfast facility is in accordance with all rules and regulations of the Chester County Health Department.

Smoke detectors required. Each bed-and-breakfast facility shall be equipped, at a minimum, with one smoke detector in each guest room, which does not rely on internal batteries, and one fire extinguisher per floor or sleeping area. All equipment shall be maintained in good operating conditions at all times.

Parking. Not less than one on-site parking space shall be provided for each guest room and for each employee. Not less than two parking spaces shall be provided for the owners of the facility. No parking space shall be located within any required front yard. All parking spaces shall comply with all Township and state regulations. No on-street parking shall be permitted for any bed-and-breakfast facility.

Sign. Not more than one sign shall be permitted for each bed-and-breakfast facility, not to exceed four square feet in area per side, and shall be set back not less than three feet from the roadway right-of-way upon which the facility fronts. The sign shall contain no information other than the identification of the premises as the named bed-and-breakfast facility.

Permits required. The Zoning Officer is authorized to issue a permit for the bed-and-breakfast facility upon demonstrated compliance with all the requirements of this section and with all other applicable regulations. Permits shall be valid for a period of one year unless the permit is revoked due to a violation of any applicable condition or regulation, due to misrepresentation of facts made to the Township or other violation of the provisions of this section of other applicable regulation.

Permit renewal process. Not less than 30 days prior to the expiration of the permit for the bed-and-breakfast, the operator shall make a request, in writing, for the renewal of the permit to allow the continuation of the facility. Upon such request, the Zoning Officer shall inspect the premises to determine compliance with the provisions of this section and all other applicable regulations, and shall renew the permit for one additional year. Upon the determination of the Zoning Officer that a violation exists or that the facility is not in compliance with the provisions of this section, the facility shall immediately cease operations and shall not resume until the violation is corrected as determined by the Zoning Officer, whereupon the Zoning Officer shall renew the permit for one additional year.

Application fee. Application and renewal fees shall be as specified in the current Newlin Township fee schedule.

Limitations on other uses. The provisions of this section are intended to apply to traditional bed-and-breakfast establishments and shall not be construed to permit any facility which provides any type of unassociated ancillary activities or functions. Specifically, but not inclusively, a bed-and-breakfast facility shall not be utilized for the provision of space or facilities for weddings, receptions, parties, and recreational or social functions.

Building setback lines. Building setback lines are established for all roadways, subject to the minimum setback requirements as shown in Table 7, except for developments designed according to the provisions of Option 1, 3 or 4 in Article III of this chapter. Setbacks shall be measured from the street right-of-way.

Yard reductions. A required front yard may be reduced to form a more consistent setback pattern in an area that is predominately developed, according to the following guidelines:

Flag lots. A dwelling on a flag lot may be situated facing in any direction, provided that front, side and rear yards shall be provided as if the dwelling actually faces its front yard and the street, and provided that the dwelling is not less than 250 feet from any public right-of-way. Not more than one flag lot shall be created per parcel.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Purposes and intent.

General and specific requirements for nontower WCF.

General and specific requirements for all tower-based WCF.

General and specific regulations for WCF upon municipal use land or public use land.

Consistency with state and federal laws and regulations. The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances. In which case, the more stringent provisions of local ordinances shall remain in effect and shall control in such instances.

Noise. No commercial or industrial use of land shall cause an increase in noise that exceeds any applicable standard set by the Pennsylvania Department of Environmental Protection (DEP) or the United States Environmental Protection Administration (EPA).

Smoke. No commercial or industrial operation shall emit any smoke that exceeds any applicable standard set by the DEP or EPA.

Dust and dirt. No commercial or industrial operation shall release any airborne dust, dirt or fly ash which exceeds any applicable standard set by the DEP or EPA.

Odor. No commercial or industrial operation shall emit odorous gases or matter that is perceptible at any point along a lot line that exceeds any applicable standard set by the DEP or EPA.

Toxic gases, petroleum products, pesticides, herbicides, and similar noxious substances. No commercial or industrial operation shall release any toxic gas or hazardous material or waste into the environment which exceeds any applicable standard set by the DEP or EPA.

Vibration. No commercial or industrial operation shall cause vibration that is perceptible at any point along a lot line that exceeds any applicable standard set by the DEP or EPA.

Glare, heat, and radiation. No commercial or industrial operation shall produce heat, glare or other radiation which is perceptible at any point along the lot line, which exceeds any applicable standard set by the DEP or EPA.

Waste products. Waste products shall be stored within enclosed buildings or in containers adequate to prevent the spread or attraction of vermin and prevent the carrying of material by the wind. No liquid or solid waste or material, including any material of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous elements, shall be discharged at any point into any sewage disposal system, watercourse, lake, or into the ground, except in accordance with standards approved by the DEP or other applicable regulatory department or agency.

Fuel storage. All fuel storage areas shall comply with applicable regulations of the Pennsylvania State Fire Marshal and/or the Pennsylvania State Police.

Agricultural uses exempted. All lawful agricultural activities shall be exempt from Township provisions.

Location and construction. Accessory dwelling units in principal residences or in new traditional outbuildings (such as barns, stables, carriage houses, and spring houses) shall be designed to harmonize with vernacular rural buildings in the municipality's historic landscape.

Maximum number. There shall be a maximum of one accessory dwelling unit (ADU) on any building lot less than 10 acres in an Option 4 subdivision, and a maximum of two ADUs on any building lot containing 10 or more acres in an Option 4 subdivision, provided all performance standards of this chapter are met. No additional ADUs shall be created.

Gross floor area. The gross floor area in the first ADU shall not exceed 900 square feet. In the second ADU, where permitted, the maximum area shall be 750 square feet. However, on lots exceeding 15 acres, the second ADU may take the form of a tenant house containing up to 2,000 square feet of floor space. Under this section, existing historic accessory buildings more than 75 years old that exceed these floor space limits may be permitted by the Township to be used as ADUs without having to meet the dimensional setback requirements of this chapter.

On-site production. All products sold must be produced on the premises or on agricultural lands.

Setbacks. Any structure that is used for the display or sale of farm products shall be set back not less than 50 feet from all street right-of-way lines.

Parking. Adequate and safe off-street parking shall be provided for employees and customers.

Opportunities in the Village Overlay District. A second principal use shall be permitted in the Village Overlay District, by special exception, as an adaptive reuse of an historic structure in accordance with § 240-82 and the following:

Applicability. The following requirements shall apply to all timber harvesting activities; provided, however, that the normal and routine removal or maintenance of trees by a homeowner, as well as timber removal activities resulting from storms or from other damage and necessary for purposes of preserving safety, shall be exempted from these regulations.

Erosion and sedimentation control plan. An erosion and sedimentation control plan shall be prepared for each tree harvesting operation. The Natural Resources Conservation Service shall approve the plan.

Erosion control plan. An erosion and sedimentation control plan shall be filed with the Township not less than 30 days prior to the start of the harvesting operation and a copy of the plan shall be available at the site.

Procedures and requirements. The following requirements shall apply to all harvesting operations:

Bonding. Road bonding for timber harvesting shall comply with PennDOT regulations Chapter 189, found in Publication 221, "Posting and Bonding of Municipal Bonds."

Admission to the site. The Township may enter onto the site to ensure compliance with the provisions of this section and with the erosion and sedimentation control plan.

Horizontal elements. Horizontal architectural elements may project into required yards not more than two inches per one foot of provided yard depth.

Vertical elements. Vertical elements may project above the maximum height limit, provided that the element is set back from all lot lines a distance not less than 150% of its height.

Exterior changes. No changes to the exterior of the dwelling shall be permitted, which would have the effect of altering its character as a single-family dwelling. The professional home occupation shall only be conducted within a single-family dwelling or in an accessory building. The accessory structure shall be set back from all lot lines not less than 50 feet. An area corresponding to not more than 25% or 600 square feet, whichever is less, of the gross square footage of the dwelling, including all floors and habitable basement areas, but excluding attic space, shall be devoted or used for the professional home occupation.

Limitation on employees. Not more than two employees not in residence in the dwelling shall be permitted.

No outside storage. No products or materials used in the professional home occupation shall be stored outside unless screened and shall meet the minimum yard setback regulations.

Vehicle use. No vehicles, except for typical automobiles or pickup trucks, shall be used in the occupation.

Equipment use. No machinery or equipment except for typical office equipment shall be used.

No tractor-trailer deliveries. No deliveries by tractor-trailer shall be permitted.

No adverse effects. The occupation will not result in any noise, electromagnetic interference to radio or television signals, odor or septic discharge that is significantly different from those of typical dwellings.

No subdivision. The professional home occupation structure shall not be subdivided from the parent parcel.

Parking. Not less than two parking spaces shall be provided for the professional home occupation, in addition to the parking spaces provided for the dwelling. No required minimum front yard areas shall be used for parking in addition to those spaces existing prior to the application for the professional home occupation. Tandem parking spaces in driveways may be used to meet off-street parking requirements. Parking for the professional home occupation shall be located in side or rear yard areas or in garages.

Permit required. Before any building is used for a professional home occupation, the applicant shall receive a permit from the Zoning Officer, which shall state that it is issued subject to the applicant complying with the conditions of this section.

Foundations. All mobile homes shall be securely fastened to foundations that will resist heaving, settling, shifting, or other movement due to frost action, inadequate drainage, high winds, or other similar forces acting upon the structure. Foundations shall be constructed as specified by the manufacturer of the mobile home, but not less than one tie-down shall be provided for each 10 feet along the perimeter of the dwelling.

Wheels removed. All wheels, hitches, tongues and facilities used for the transportation of the home shall be removed.

Construction. The construction of all mobile homes shall conform with the requirements of Act 69 of the General Assembly of the Commonwealth of Pennsylvania, enacted May 11, 1972, as may be amended, as well as any other applicable state or federal laws or regulations regarding mobile homes.

Base enclosures. The base of the mobile home shall be surrounded by concrete block, vinyl, decorative wood siding, or similar manufactured material, extending from the bottom of the dwelling to grade, and shall be constructed to inhibit decay and shall resist penetration by vermin.

Mobile home parks. Mobile home parks shall comply with the regulations pertaining to mobile home parks in Chapter 185, Subdivision and Land Development, and the Newlin Township Mobile Home Park Ordinance.[1]

Sewage disposal inspections. The County Health Department shall inspect and approve the proposed method of sewage disposal.

General. Any activity, use of land, trade or process that may be in any way dangerous, noxious or injurious to public health, safety or welfare, such that any regulation of the Pennsylvania Department of Environmental Protection or United States Environmental Protection Agency is violated, is specifically prohibited.

Certain activities constitute nuisances. The storage or parking of wrecked, junked, stripped or abandoned vehicles, or the storage, placement or accumulation of wrecked, discarded, or abandoned machinery, equipment, household appliances, debris or waste materials of any kind or description, or parts thereof, shall occur only when such items are stored within an enclosed building, are stored out of sight from the public right-of-way on which the property abuts, or is otherwise authorized in conjunction with a business properly operated pursuant to this chapter and other laws of the Township.

Notice to remove property. If the Township finds that a violation of this article exists, the Township shall notify the owner of the property on which the violation exists, or the owner of the vehicle or other discarded or abandoned item, or both, of this violation. The owner of the item(s) and the owner of the property on which the item(s) are stored shall be ordered to correct the violation within 30 days of such notice.

Service of notice to remove property. Notice shall be given by personal service or by certified mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or the owner of the vehicle or other items cannot be determined, the posting of the notice on the property, vehicle, item, structure or area immediately adjacent to the vehicle or item shall constitute sufficient notice.

Request for hearing. Within 30 days after notice, the affected party may request a hearing with the Supervisors by filing a written request with the Secretary. The thirty-day period for compliance set out in this article is suspended from the date of request for a hearing to the date of the hearing. After the hearing, the Supervisors shall affirm, withdraw or modify the notice.

Effect of failure to request hearing. If a hearing is not requested, the parties affected shall remove the vehicle or items from the property in accordance with the notice and order.

Notice of hearing. On proper request, a hearing on the matter shall be held within a reasonable time, and where more than one party is involved, it shall be the duty of the party requesting the hearing to notify the Secretary of the names and addresses of all other affected or interested parties.

Authority for Township to remedy violations at the expense of the defaulting property owner. If the violation shall not have been remedied within the period as required by the order, the Township may remedy the violations and charge the costs thereof to the real property owner on whose property the violation is located. The cost shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien on the property at such time as the Solicitor shall thereafter file it.

If the portion of the property on which the commercial equine activity is conducted is within the identified floodplain area, the owner shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual.

If the portion of the property on which the commercial equine activity is conducted is within the Steep Slope Conservation Overlay District, the owner shall provide written proof of a manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual as well as written proof of a written agricultural and erosion and sediment control plan, if required by DEP.

Manure storage shall be set back a minimum of 100 feet from the property line and shall be designed, constructed, maintained and operated in accordance with all applicable laws and regulations and permits shall be secured from all governmental agencies having jurisdiction over this activity. The owner shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual.

All parking must be provided on the same lot as the use.

Purposes. The purposes of this section are as follows:

General provisions.

Designation and interpretation of overlay district boundary.

Permitted uses. The following are the only uses permitted in the Steep Slope Conservation Overlay District. Such uses also shall be in compliance with the base zoning district.

Administration. The following requirements shall apply:

Additional criteria.

Location. No swimming pool (surface or aboveground), tennis court, or recreational structure shall be located within any minimum yard. All swimming pools with depths of more than two feet shall be enclosed by a permanent fence of not less than four feet in height, and which contains a self-locking gate. Fences shall be designed and constructed in such a way as to discourage climbing or unauthorized access.

Lighting. Exterior lighting shall not be directed towards adjoining properties.

Isolation distances from sewage disposal facilities. No pool, tennis court or other recreational facility shall be placed less than 10 feet from any septic field or tank.

Purposes. The purposes of this section are as follows:

General provisions.

Permitted uses. The following are the only uses permitted in the Village Overlay District. Such uses shall also be in compliance with the base zoning district.

Commercial facilities. All nonresidential facilities shall provide appropriate outdoor waste storage facilities and shall be routinely emptied.

Screening. All waste storage facilities shall be screened or landscaped and shall be fully enclosed to limit animal access and wind-blown waste.

No parking spaces to be used. No required parking areas may be occupied by any waste storage facility.

Location. No facilities shall be located in any front yard.

Fencing. All grazing areas shall be fenced.

Manure setbacks. No manure storage shall be located less than 300 feet from any lot line.

Nutrient management plan. If required by state or federal law, a nutrient management plan shall be submitted to the Township.

Long-term disposal of manure. The applicant shall demonstrate that an adequate site for the disposal of manure is available on a long-term basis.

Setbacks. Poultry houses and facilities for the housing of swine or hogs shall be not less than 500 feet from any residential structure, except any such structure located on the same premises, and shall be not less than 300 feet from any property line or street right-of-way.