Newtown Township City Zoning Code
ARTICLE XXI
Miscellaneous Regulations
§ 172-101 No-impact home-based businesses and home-based businesses.
[Amended 7-8-2024 by Ord. No. 2024-05]
A.
No-Impact Home-Based Businesses (see definition), shall be permitted by right in the R-1, R-1A, R-2, R-3, R-4, R-4A, and R-5 Zoning Districts, subject to the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
(5)
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, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
B.
Home-based businesses (see definition) shall be permitted within a single-family dwelling by special exception in the R-1, R-1A, R-2, R-3, R-4, R-4A, and R-5 Zoning Districts to allow professional business office uses, subject to the following requirements:
(1)
The home-based business shall be conducted within an approved single-family residential dwelling unit that complies with the minimum and maximum dimensional requirements of the zoning district to which the use is located.
(2)
The home-based business shall be conducted only within the dwelling and not occupy more than 25% of the gross floor area of the residential unit.
(3)
The home-based business shall include only lawful uses which shall be clearly secondary to the residential use and shall be compatible with surrounding residential uses. The exterior appearance shall be maintained as a residential use.
(4)
The home-based business shall be limited to the family members residing with the dwelling, plus two additional persons to provide support services and assistance.
(5)
There shall be no visual display or sale of retail goods.
(6)
There shall be no stockpiling, storage, or inventory of products of a substantial nature.
(7)
The home-based business may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(8)
No manufacturing, repairing, or other mechanical work shall be performed in any open area. All such activities shall be conducted in such a manner that they are not detectable or noticeable at or beyond the property line.
(9)
No more than one home occupation shall be permitted per residential unit.
(10)
Off-street parking shall be provided as follows: two parking spaces shall be provided for the residential use; one parking space shall be provided for each employee not residing within the dwelling; and no more than two parking spaces shall be provided for guests or patrons. The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces.
(11)
Shall obtain adequate sewer capacity or septic modifications from the Newtown Township Municipal Authority as needed to handle the newly imposed sewer or septic needed.
(12)
One sign may be permitted in accordance with § 172-121 of the Newtown Township Zoning Code.
§ 172-101.1 Day-care centers; home-based day care.
Day-care centers are a permitted use by special exception in all nonresidential districts. Home day care is a permitted use by special exception in a residential district. However, a day-care center may be located in a school, church or similar facility as an accessory use by special exception. All day-care providers, whether in a day-care center or home-based day care, must, in addition to the regular special exception criteria, satisfy the following requirements:
A.
The applicant is required to demonstrate compliance with the requirements of the Pennsylvania Department of Public Welfare and/or the Department of Education, if any apply to the size and scope of the program offered (Title 55, Chapter 3270[1]).
[1]
Editor's Note: See 55 Pa. Code § 3270.1 et seq.
B.
The day-care center or home-based day care is a safe environment and meets all requirements of the Commonwealth of Pennsylvania or the local fire codes and safety provisions, including, but not limited to, ingress and egress. The operator must obtain an inspection and recommendation by the Fire Marshal and provide a comment letter from the Fire Marshal. The applicant must satisfy the Zoning Hearing Board that they have adequate training in first aid in accordance with the size and scope of the program being offered and an emergency evacuation plan. Under no circumstances shall a home-based day care be operated on a dead-end street.
C.
The hours of operation in a residential district may not be earlier than 7:00 a.m. or later than 6:00 p.m.
D.
The applicant has the ability to provide indoor and outdoor activities. Indoor activities, whether educational or recreational, must be organized and set forth to the Zoning Hearing Board as part of a plan of operations. Outdoor activities must be conducted in a fenced-in yard, the said fence to be at least four feet in height to insure the safety and security of the participants. Said fenced-in area is to have a self-locking mechanism on any gate into the fenced area. Outside activities may only be conducted between the hours of 10:00 a.m. and 4:00 p.m.
E.
The applicant must demonstrate, as part of their program, what meal or other food, snack and beverage provisions are to be made for the participants.
F.
The applicant must also demonstrate that they have adequate and safe dropoff and pickup areas.
G.
All day-care operators and employees are required to have a criminal history check made by the Newtown Township Police Department.
H.
All day-care operators shall register with the Township and submit to an annual inspection by the Fire Marshal and Health Officer subsequent to registration.[2]
[2]
Editor's Note: Former § 172-101.2, Historic buildings, which immediately followed this section, was repealed 2-28-2022 by Ord. No. 2022-01. See now Ch. 93, Historic Preservation, and Ch. 172, Art. XXA, Historic Resource Overlay District.
§ 172-102 Vision obstruction.
[Amended 11-14-1994 by Ord. No. 1994-4]
Clear sight triangles shall be maintained at all street intersections in accordance with the standards of § 148-27G of Chapter 148, Subdivision and Land Development. Within such triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from a vehicle 10 feet back from the edge of the pavement of the street being entered to the center line of the approaching traffic lane. In the case of a four-lane street being intersected, it shall be measured on the left from the intersecting street to the outside lane and on the right to the median lane. The Township reserves the right to require more stringent standards where special conditions exist, such as, but not limited to, topographical features, such as slope or curve, and traffic conditions and the use of the site. See also § 172-104 for the application of this provision to wall and fence restrictions.
§ 172-103 Accessory buildings.
[Amended 4-10-1978 by Ord. No. 1978-5]
A.
Purpose and intent.
(1)
A garage, garden shed, barn, greenhouse or other accessory building may be erected within the rear yard of an R-1, R1-A, R-2 or R-3 Zoning District in accordance with the following regulations, which are promulgated to regulate density within zoning districts in relation to lot size and to insure that the residential character of the district is not adversely affected by accessory buildings.
(2)
An accessory building is permitted to be erected and accessory uses therein are permitted to exist when the building and uses are such as are customarily incidental to any of the permitted uses in the relevant zoning district, so long as the accessory building and use is not seriously detrimental to the residential neighborhood within which it is located. The term "accessory use" does not include a business use but includes a professional use as defined by this chapter. A building or use which satisfies the definition of "accessory building" or "accessory use" may not be a principal use on a lot. Where an owner or applicant owns or controls adjoining parcels and wishes to place an accessory building on the separate parcel, this may only be done by consolidating the said parcels so that the accessory use or building is in fact accessory to the principal use on the consolidated lot and not a principal use on a separate tax folio.
B.
Garages/carports.
(1)
In an R-1 District, a private garage of one story may be constructed for housing no more than four passenger motor vehicles and shall not exceed 1,000 square feet and 17 feet in height, and the use of the garage shall be limited to parking and storage customarily incidental to a residential use. Notwithstanding any other provision of this chapter, a homeowner may construct a garage roof sloped to conform to the slope of the main dwelling by special exception.
(2)
In an R1-A and R-2 District, a private garage of one story may be constructed for housing no more than three passenger motor vehicles and shall not exceed 750 square feet and 15 feet in height, and the use of the garage shall be limited to parking and storage customarily incidental to a residential use. Notwithstanding any provision of this chapter, a homeowner may construct a garage roof sloped to conform to the slope of the main dwelling by special exception.
(3)
In an R-3 District, a private garage of one story may be constructed for housing no more than two passenger motor vehicles and shall not exceed 500 square feet and 14 feet in height, and the use of the garage shall be limited to parking and storage customarily incidental to a residential use. Notwithstanding any provision of this chapter, a homeowner may construct a garage roof sloped to conform to the slope of the main dwelling by special exception.
(4)
Carports or temporary structures of any kind or material, when so determined by the Zoning Officer, may not be constructed or placed on a premises for storage.
C.
Sheds.
(1)
One shed or similar accessory building may be erected, in addition to a private garage and/or carport, in any residential district in accordance with the following criteria:
(a)
In an R-1 District, a shed shall not exceed 180 square feet and be more than 10 feet in height.
(b)
In an R1-A and R-2 District, a shed shall not exceed 150 square feet and be more than 10 feet in height.
(c)
In an R-3 District, a shed shall not exceed 100 square feet or be more than eight feet in height.
D.
Barns/greenhouses/gazebos.
(1)
A barn or similar structure may be constructed in any district where agricultural uses or the housing of livestock is permitted. The size of said structure shall not exceed 200 square feet per acre of land devoted to such use unless approved by the Zoning Board as a special exception. The height of said structure shall not exceed 20 feet unless approved by the Zoning Board as a special exception.
(2)
Greenhouses may be constructed in any residential district, but the size of said structure may not exceed the allocation of space for a shed in the same district. This structure shall be in place of and not in addition to a shed structure. Nothing in this regulation should be construed to deny a property owner the right to construct a greenhouse as an integral part of a residential dwelling or garage or shed structure. Where such a structure is constructed as an addition to and is an integral part of a residence, the allocation of space shall not be deducted from the total assigned to accessory buildings in that district so long as the addition is within the buildable area of the lot.
(3)
Gazebos may be constructed in any residential district, but the allocation of space for all accessory buildings within that residential district may not be exceeded by the construction of such a structure.
E.
Other accessory buildings. The regulation of hot tubs, children's playhouses, trash enclosures, swing sets, and small animal shelters are not covered by this section, except that all such structures shall be no closer than 10 feet from the rear or side yard property line, and no such structure shall be located in the front yard in any residential district, including both front yards on a corner lot, unless approved by the Zoning Hearing Board as a special exception. If such is granted, these structures must be provided with a landscape buffer to shield the structures from the street line. The buffer may not be closer than 10 feet to the cartway. The requirements of § 172-102 as to sight line triangles must be met if implicated by the placement of these structures.
F.
General requirements.
(1)
A zoning permit is required for the erection or placement of any structure listed in this section.
(2)
Accessory buildings may not be located in the front yard of a residence. This restriction shall include either front yard of a corner lot. In the event that a variance is granted, however, a buffer must be placed to shield the structure from the road. (See Subsection E above.)
(3)
All accessory structures shall be located within the buildable area of the lot. However, such structures may be located within the setback lines if all of the following criteria are met:
(a)
If the building is entirely separated from the main building.
(b)
If the building is located at least 10 feet further back from the front street line than the rearmost portion of the main building.
(c)
If the building is set at least five feet from the rear or side property lines.
(4)
All accessory buildings must be placed no closer than 10 feet to any other structure unless a special exception is granted by the Zoning Board.
(5)
Accessory structures must be erected or placed on a pad, piers or a foundation in accordance with the Building Code[1] or other applicable regulation. In the absence of a specific regulation, accessory buildings (other than garages and barns and greenhouses) must be placed on level ground and be supported by a concrete slab four inches thick or four-by-four treated beams, no more than two feet on center, placed perpendicular to the floor joists of the structure. Other more substantial structures must have proper foundations as determined by the Building Official.
[1]
Editor's Note: See Ch. 69, Art. I, Building Code, and Ch. 79, Construction Code, Uniform.
(6)
The total square footage of all accessory buildings may not exceed the total set forth in this section for accessory buildings as allocated to the particular zoning district.
(a)
In an R-1 District: 1,180 square feet.
(b)
In an R1-A and R-2 District: 900 square feet.
(c)
In an R-3 District: 600 square feet.
(7)
Where an existing lot is currently nonconforming as to accessory buildings, all legally erected and legally used accessory buildings may remain. However, upon replacement, the new structure(s) must conform to the standards set forth in this section.
(8)
No garage, carport, shed or similar structure shall contain a second story unless authorized as a special exception by the Zoning Hearing Board. The structure must be constructed so as to support the specific use contemplated on the second floor, except that the area above the parking deck of any garage may be finished to the extent necessary to allow for customary residential storage only. Commercial uses are not permitted.
(9)
Swimming pools are not governed by this subsection. See § 172-118.
(10)
Gated communities, churches, clubs, school facilities, estates, farms and similar entities in any district may be permitted additional accessory buildings that are customarily incidental to such facilities, such as guard houses, pool houses, snack bars and other accessory structures, if approved by the Zoning Board as a special exception. See § 172-103G.
(11)
In addition to the criteria for special exceptions set forth in this chapter, the Zoning Board shall consider the following factors:
(a)
The total number of accessory buildings on the premises and the duplication of uses and buildings.
(b)
The total amount of impervious surface and/or the loss of green space in proportion to the total space, as regulated by the specific relevant zoning districts or the criteria set forth in Chapter 148, Subdivision and Land Development.
(c)
Alternative methods or buildings available to the applicant for the proposed use.
(d)
Special traffic conditions, such as stacking of vehicles at entry points or queuing of persons in lines affecting residential uses nearby.
(e)
Any special public nuisance factors created by the proposed structure, including but not limited to noise, light, glare, exhaust fumes, trash and debris affecting residential uses nearby.
G.
Special provisions for properties in excess of three acres.
(1)
Purpose and intent. The accessory uses contemplated herein recognize the special and traditional needs and uses on such parcels. It has been determined that density factors mitigate in favor of additional allocations of space, and therefore, the additional uses and structure size are not detrimental to a residential neighborhood.
(2)
Definitions. As used in this section, the following terms shall have the meanings indicated:
LARGE ESTATE
Residential properties located in any district consisting of 10 or more acres.
MINI ESTATE
Residential properties located in the R-1 District consisting of three or more acres but less than five acres.
SMALL ESTATE
Residential properties located in any district consisting of five or more acres.
(3)
In addition to the usual accessory uses, the following uses are permitted in estates:
(a)
Mini estates and small estates. A pool house may be erected in addition to other permitted buildings, but no residential use is permitted in such a building. A kitchen is also prohibited, but a wet bar, refrigerator and minor appliances may be installed. In addition, an in-law suite or servants quarters may be located above a garage or in a separate suite in the residence. Rental of such space is prohibited, and the location of any such use in a separate building apart from the main structure is subject to the grant of a special exception.
(b)
Large estates. In addition to the above uses, such a property may contain a barn or similar structure. The allocation of square footage shall be 200 square feet per acre, with a height limitation of 20 feet.
(c)
Such other accessory buildings as the Zoning Board finds are appropriate, including but not limited to gatehouses, and similar uses by a grant of special exception only.
(4)
Accessory building allocation of square footage for estates is based on multiples of the permitted allocation in the R-1 District resulting in 135 square feet per acre or portion thereof, e.g., a three-acre site equals 405 square feet; a four-acre site equals 540 square feet; a five-acre site equals 675 square feet, to a maximum of 1,350 square feet for a large estate, exclusive of garage space.
(5)
A garage for a residential property in an estate is the same as the R-1 District, however, additional garage stalls or buildings may be erected under the following conditions:
(a)
No garage may be less than 250 square feet per vehicle.
(b)
The additional bays or buildings are subject to the overall allocation of space for accessory buildings in accordance with the space allocation and impervious surface requirements defined in this chapter.
(c)
Such buildings must be constructed so as to be compatible with the existing garage and/or dwelling unit.
Example: | ||
R-1 | = | 1,180 square feet of garage and other accessory buildings + 135 square feet per acre |
R-1 | 3 acres | = | 1,585 square feet |
4 acres | = | 1,720 square feet | |
5 acres | = | 1,855 square feet | |
10 acres | = | 2,530 square feet | |
11 acres | = | 2,530 square feet |
H.
Construction; maintenance.
(1)
No garage, carport, shed or other accessory building may be constructed unless it is in compliance with the current Building Code[2] in effect in the Township at the time of the grant of a building or zoning permit.
[2]
Editor's Note: See Ch. 69, Art. I, Building Code, and Ch. 79, Construction Code, Uniform.
(2)
No such structure shall be of metal unless grounded for lightning protection as determined by the Building Official.
(3)
All accessory buildings in residential districts shall be constructed with similar materials and be similar in appearance to the building to which they are accessory. All accessory buildings made of wood must be painted or stained, and all accessory buildings made of metal must be painted. Structures may not be constructed of uncoated cement blocks. This provision is intended for safety reasons and to insure such structures are not detrimental to the residential neighborhood.
(4)
All structures exceeding 100 square feet and exceeding eight feet in height must have an adequate stormwater management plan approved by the Building Official prior to installation. Such a plan has no special requirements other than the means necessary to insure all stormwater remains on the premises.
(5)
If such a structure is located in a front yard or either front yard of a corner lot because of the grant of a variance by the Zoning Hearing Board, it must be shielded from the street line by a landscape buffer approved by the Building Official or the Township Landscape Official.
I.
Once accessory structures are created, subdivisions of these lots are prohibited, unless all buildings remain on a surviving lot.
§ 172-104 Fences, walls, hedges and driveway pillars.
[Amended 11-24-2025 by Ord. No. 2025-06]
A.
Definitions.
DRIVEWAY PILLAR
Architectural features that mark the entrance of a driveway, often flanking a gate or acting as a standalone decorative element. Also known as entrance columns or posts.
FENCE
A barrier railing, or other upright structure, typically constructed of posts, wire, rails or netting, intended or designed to prevent escape or intrusion, or provide security or privacy, or to mark a boundary. The term "fence" shall include gates.
FRONT YARD FENCE, WALL, HEDGE OR DRIVEWAY PILLAR
Any fence, wall, hedge, driveway pillar, or similar object or structure or portion thereof located closer to the street than the frontmost portion of the dwelling unit is a front yard fence, wall, or driveway pillar.
HEDGE
A physical barrier formed by a row of closely planted shrubs or trees, intended or designed to be used as a boundary or fence. Front yard landscaping and shrubs designed to screen or beautify and property, but not form a solid barrier are not considered a hedge.
POSITIVE DRAINAGE
Positive drainage refers to a system designed to efficiently and effectively remove water away from a structure or property, typically using gravity to direct water flow. This is often achieved by sloping surfaces like roofs or land in a way that encourages water to run off towards designated drainage areas, such as swales or storm sewer systems, rather than accumulating and potentially causing damage, or allowing a water to pass through a structure so as not to impound or block the flow of stormwater such that it violates Township Code Chapter 143, "Stormwater Management."
WALL
A solid upright structure, other than a fence, at or near the boundary of a property intended or designed to be a visual and physical marker of a property line or provide security, privacy or aesthetic enhancement. For the purposes of this section, a wall is not a component part of a building or other accessory structure, and does not include retaining walls.
B.
Exemptions. The following fences and walls are exempted from these regulations:
(1)
Fences and walls that are recognized as having a historical value.
(2)
Buried electronic fences.
C.
Residential fences, walls, hedges and driveway pillars. Fences walls, hedges and driveway pillars in residential districts are permitted provided they shall comply with the following regulations.
(1)
Front yard fences, walls, hedges and driveway pillars. All front yard fences, walls, hedges or driveway pillars shall not be located in any right of way and must maintain a clear sight triangle for driveways or streets consistent with § 172-102, and shall be subject to the following regulations and restrictions. Any vehicle access gates associated with a front yard fence, wall, hedge or driveway pillar shall be set back a minimum of 20 feet from the edge of the street cart path and shall be able to swing in towards the interior of the property.
(a)
Front yard fences:
[1]
Shall be limited to a maximum of 48 inches in height and maintain a minimum of a 2:1 ratio of open space to structural member (such as a picket), such as post and rail fences, split rail fences and picket fences;
[2]
Shall be constructed of wood, vinyl, aluminum or wrought iron, and may contain wire backing;
[3]
Stockade, solid, mesh, shadow box, or similar fences are prohibited;
[4]
Chain link fences are prohibited;
[5]
For lots with two front yards (corner lots), both front yards shall comply with these regulations;
[6]
If one side of a fence shows more structural components, that side shall be installed towards the interior of the property such that the best appearance faces outward;
[7]
Barbed, razor, electric, or other similar security fencing or fencing material is prohibited; and
[8]
For front yards that front on a principal arterial road as defined in the Township's Comprehensive Plan, fences for privacy, such as stockade, solid or shadow box fences are permitted by special exception along that principal arterial road, up to six feet in height.
(b)
Front yard walls shall be subject to the following regulations and restrictions:
[1]
Shall be constructed of stone, brick, masonry or concrete with a stucco, brick or stone veneer;
[2]
Shall not exceed 36 inches in height;
[3]
For lots with two front yards (corner lots), both front yards shall comply with these regulations;
[4]
Shall provide for positive drainage and comply with Township Code Chapter 143, "Stormwater Management";
[5]
Shall comply with the adopted Township Building Code.
(c)
Front yard hedges shall be subject to the following regulations and restrictions:
[1]
Shall not exceed 36 inches in height along any right-of-way;
[2]
For front yards that front on principal arterial roads as defined in the Township's Comprehensive Plan, by special exception, hedges may exceed 36 inches in height along that principal arterial road.
(d)
Front yard driveway pillars.
[1]
No more than two driveway pillars shall be permitted for each driveway entrance, nor shall there be more than four pillars per 150 feet of front yard frontage;
[2]
Shall not exceed six feet in height nor shall any side exceed 24 inches in width in any direction; and
[3]
Any side of a pillar may exceed 24 inches in width by special exception.
(2)
Side and rear yard fences:
(a)
Shall not exceed six feet in height;
(b)
Shall be constructed of wood, vinyl, vinyl coated chain link, aluminum or wrought iron, and may contain wire backing;
(c)
If one side of a fence shows more structural components, that side shall be installed towards the interior of the property such the best appearance faces outward; and
(d)
Barbed, razor, electric, or other similar security fencing or fencing material is prohibited.
(3)
Fencing for court enclosures (such as tennis, pickle ball, basketball or other similar playing surfaces):
(a)
Shall not be located in a front or side yard;
(b)
Shall be constructed of wood, vinyl, vinyl coated chain link, aluminum or wrought iron, and may contain wire backing;
(c)
Shall not exceed eight feet in height;
(d)
Shall not be within 15 feet of a property line; and
(e)
Barbed, razor, electric or other similar security fencing or fencing material is prohibited.
(4)
Side and rear yard walls:
(a)
Shall be constructed of stone, brick, masonry or concrete with a stucco, brick or stone veneer;
(b)
Shall not exceed six feet in height;
(c)
Shall provide for positive drainage, and must comply with Township Code Chapter 143, "Stormwater Management";
(d)
Shall comply with adopted Township Building Code.
D.
Commercial fences, walls, hedges and driveway pillars.
(1)
Front yard fences, walls, hedges and driveway pillars are prohibited and in instances where there are two front yards (corner lots) both yards must comply.
(2)
Side and rear yard fences and walls:
(a)
Shall not exceed eight feet in height;
(b)
All walls shall provide for positive drainage and must comply with Township Code Chapter 143, "Stormwater Management";
(c)
Walls shall comply with the adopted Township Building Code;
(d)
Walls shall be constructed of stone, brick, masonry or concrete with a stucco. brick or stone veneer;
(e)
Where one side of a fence shows more structural components, that side shall be installed towards the interior of the property such the best appearance faces outward; and
(f)
Barbed wire, razor wire, electrified or similar security fencing is prohibited.
E.
When an existing fence, wall, hedge or similar object or structure is removed, or more than 25% of any fence in any front, side or rear yard is replaced, with respect to the portion of any fence in that yard, the more stringent requirements of this section shall apply.
F.
Nothing in this section is intended to prohibit the normal landscaping of a premises, unless the safety issues implicated in the sight triangle at the driveway are involved.
G.
All swimming pools, must be fully enclosed by a fence or wall no less than four feet in height above grade. The fence must be constructed to prevent entry to the pool area, except by a gate which must be latched or secured to prevent children from gaining entry and/or accidental entry by others. (See also § 172-118.)
H.
The finished side of any fence must show to the street or neighboring properties.
§ 172-105 Building height restrictions.
No part of any building shall exceed 45 feet in height unless otherwise provided in this chapter, provided that this regulation shall not apply to chimneys, spires, towers or similar projections not used for human habitation.
§ 172-106 Restricted uses.
[Amended 2-14-1983 by Ord. No. 1983-2]
Applicable in all districts and uses, no building may be erected, altered or used and no lot or premises may be used for any use, trade, processing or business which is noxious or offensive by reason of odor, dust, smoke, gas, radiation, vibration, electrical disturbances, illumination or noise or which constitutes a nuisance or a public hazard, whether by fire, explosion or otherwise.
A.
Fire and explosive hazards and radioactivity. All activities involving and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices as detailed and specified by the Department of Labor and Industry and the laws and regulations of the Commonwealth of Pennsylvania. Any activity which involves radioactivity shall be registered with the Township.
B.
Smoke, ash, dust, fume, vapor, gases and other forms of air pollution. There shall be no emissions at any point from any chimney or otherwise which may cause any damage to health, to animals or vegetation or to other property or which will cause excessive soiling at any point. Visible emissions from any chimney or otherwise shall meet the current limitations of the Pennsylvania Department of Environmental Protection.
C.
Liquid and solid wastes. There shall be no discharge at any point into any private or public sewerage system or stream or into the ground of any materials in such a way or of such a nature or temperature as can contaminate or otherwise cause the release of hazardous materials except in accordance with the standards of the Pennsylvania Department of Environmental Protection and the Township of Newtown.
D.
Noise and vibration. Noise from a facility at the property line adjoining residential uses shall not exceed 40 decibels when measured at night. There shall be no vibrations which adversely affect other properties.
E.
Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be readily detectable on adjacent streets or adjacent lots.
F.
Operation. All operations, other than agricultural, involving processing or production of any materials or goods shall be conducted entirely within an enclosed building.
G.
Light sources may not produce in excess of 0.2 footcandle when measured at the property line.
H.
Hours during which construction activities or activities creating noise or glare may not commence: prior to 7:00 a.m., and must cease by 7:00 p.m.
§ 172-107 Existing setbacks.
The setback of a building from street lines in any zoning district shall be as hereinbefore provided in the regulations governing the side of a front yard, provided that:
A.
Wherever in any zoning district the present setback of existing buildings is greater than the minimum provided, the required setback of a building hereafter erected shall be the same as or greater than the present setback of existing buildings in the same block on the same side of the street, except when a special exception is authorized.
B.
Wherever the present setback of existing buildings in commercial districts is less than 20 feet, the required setback of a building hereafter erected on an unimproved lot may be the same as the present setback of existing buildings within the same block and on the same side of the street when authorized as a special exception.
§ 172-108 Public utility corporations.
This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of such corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 172-109 Side yards for corner lots.
[Amended 1-23-1989 by Ord. No. 1989-1]
Where a side yard is required, a corner lot having a side yard shall have a minimum width of at least as great as the narrower side yard specified for lots containing two side yards; however, in no case shall a side yard on a corner lot be less than 25 feet in width.
§ 172-110 Irregular lot frontages.
[Amended 4-10-1978 by Ord. No. 1978-5; 9-11-2000 by Ord. No. 2000-4]
Where a lot fronts on a cul-de-sac turnaround, in conformance with Chapter 148, Subdivision and Land Development, the Board of Supervisors of the Township may, at the time of approving the subdivision, specify that the lot frontages on such lots be measured at the building setback line as established at the minimum front yard required by the underlying zoning district, providing that a minimum lot width of 50 feet is provided at the street line. In such cases, a notation shall be made on the subdivision drawing indicating how the frontages of the cul-de-sac circle lots were measured. All other lots shall have their lot frontages measured at the street line.
§ 172-111 Conversion of one-family dwellings.
Because the ordinances of Newtown Township provide for adequate two-family and multifamily dwellings, single-family dwellings may not be converted into two-family or multifamily dwellings unless they are permitted uses in the subject district, and then only by special exception.
§ 172-112 Existing corner lots.
In the residential zoning districts (R-1, R-2 and R-3), for lots held in single and separate ownership prior to the effective date of this chapter, February 4, 1938, the following less restrictive provisions apply to corner lots only when the owner does not own adjoining property:
A | B | C | D |
|---|---|---|---|
District | Buildings Affected | Lot Width (feet) | Permitted Minimum Depth of Front Yard (feet) (measured on the longest side) |
R-1 | All | 175 | 50 |
R-2 | All | 125 | 40 |
R-3 | All | 80 | 30 |
§ 172-113 Floor area requirements.
A.
No detached dwelling shall hereafter be erected or altered and no permit shall hereafter be issued for the erection or alteration of a detached dwelling having less than 1,200 square feet of habitable floor space, which shall be exclusive of any floor space contained in the cellar or garage attached thereto. The habitable floor space shall be that space which is included in the area within the walls of any dwelling which can be used principally and primarily for living quarters of one or more human beings.
B.
No room used for living or sleeping purposes shall contain less than 80 square feet of floor area, nor shall the ceiling height at the center of such room be less than seven feet, six inches above the floor, nor shall the knee wall height be less than four feet, unless the Building Code[1] in effect has a more restrictive requirement which shall govern.
[1]
Editor's Note: See Ch. 69, Art. I, Building Code, and Ch. 79, Construction Code, Uniform.
§ 172-114 Basement use regulations.
No cellar, basement, lower story or any portion of a building of which 1/2 or more of the height from the floor to the ceiling is below the level of the ground adjoining shall be used for sleeping purposes, except that, in multifamily dwellings, one janitor's apartment may be constructed in the basement. The location, size and arrangement of windows in such apartment shall be subject to the approval of the Zoning Officer or his or her designee, unless the Building Code[1] in effect has a more restrictive requirement which shall govern.
[1]
Editor's Note: See Ch. 69, Art. I, Building Code, and Ch. 79, Construction Code, Uniform.
§ 172-115 Temporary structures.
The use for dwelling purposes of temporary structures, tents, trailers or other movable or temporary types of buildings is prohibited.
§ 172-116 Minimum lot area for locations with no public water or public sewer service.
Any lot in any district on which is built a dwelling which is not an accessory building and for which there is not public water supply or public sewer shall have an area of not less than 12,000 square feet. Further, all relevant state regulations governing the placement of on-site septic in relation to on-site water supply are incorporated herein by reference.
§ 172-117 Motor vehicle use regulations.
[Amended 2-9-1981 by Ord. No. 1981-1]
The following are specific physical requirements governing the granting of approval relating to motor vehicles. When more than one of these uses are proposed, the standards shall be mutually inclusive, provided that the requirements for each use is met.
A.
Gasoline service stations. Gasoline service stations shall be subject to the following:
(1)
A minimum lot frontage of 140 feet along one street, a lot depth of 150 feet and a minimum lot size of 35,000 square feet shall be provided.
(2)
All buildings shall be set back from all street rights-of-way by 40 feet; service islands shall be set back 50 feet from all street rights-of-way to allow for the width of a car on the street sideline.
(3)
All curb cuts for access driveways shall be not less than 25 feet nor more than 40 feet in width.
(4)
Except for access driveway openings, where the curb shall be depressed, a raised curb shall be provided along all street frontages.
(5)
All accessways and paved areas shall be constructed to Township road standards.
(6)
All permanently installed hydraulic hoists, pits and all lubricating, greasing, washing and repair equipment shall be entirely enclosed within the building.
(7)
All waste, used parts and used tires shall be stored within a fenced area or building. Waste material and small used parts shall be stored in closed containers.
(8)
"No smoking" signs shall be posted in the service areas of the buildings and around gasoline pumps.
(9)
Noise from repairs and other operations shall not exceed 40 decibels when measured at the property line at any time.
(10)
Any environmentally safe method of disposal of waste oils and other pollutants shall be provided.
(11)
Sale of goods not related to motor vehicles is prohibited, unless expressly authorized by the Township as a conditional use, except for food, cigarettes and drinks when served from not more than three vending machines.
(12)
Except for accessways, the first 10 feet in depth along all street frontages shall be green area. Not less than 10% of the total lot shall be green area, complying with Article XXV.
(13)
Fire-protection equipment shall be present at all times. Included shall be ten-pound BC extinguisher units, located as follows:
(a)
A minimum of one in each indoor service area.
(b)
At a maximum distance of 40 feet from all points within an indoor service area or an outdoor service island.
(c)
A minimum of two in the facility.
(14)
No repairs may be performed outside of a building.
B.
Car wash establishments. Car wash establishments shall be subject to the following:
(1)
All provisions of Subsection A(2) through (6) and (9) through (12).
(2)
A minimum lot frontage of 150 feet along one street, a lot depth of 250 feet and a minimum lot size of 37,500 square feet. Frontage may be reduced to 100 feet, provided that the layout plan has been approved by the Township Supervisors.
(3)
Connecting to public water and public sanitary sewers.
(4)
A one-way traffic pattern on the property.
(5)
An ancillary accessway so that vehicles do not have to go through the washing facilities to reach the street exits.
C.
Motor vehicle repair facilities. Motor vehicle repair facilities shall be subject to the following:
(1)
All provisions of Subsection A(3) through (13).
(2)
A minimum lot frontage of 80 feet along one street, a lot depth of 150 feet and a minimum lot size of 15,000 square feet, with a front yard setback of 50 feet.
(3)
There shall be no storage or parking of vehicles awaiting servicing or repairs on public streets.
(4)
Major repairs of vehicles involved in accidents, body repair, painting and correction of structural members shall be conducted only in conjunction with a car sales agency or in a I Light Industrial District unless authorized by the Zoning Hearing Board by special exception.
D.
Car sales facilities. Car sales facilities shall be subject to the following:
(1)
All provisions of Subsection A(2) through (7) and (11) through (13).
(2)
A minimum lot frontage of 175 feet along one street, a lot depth of 200 feet and a minimum lot size of three acres.
(3)
A system of lighting, fencing and alarms designed to minimize theft and vandalism shall be provided.
(4)
Where vehicles involved in accidents are to be repaired, the provisions of Subsection C hereof shall apply, except that storage of all such vehicles shall be inside of a building or fenced area.
§ 172-118 Swimming pools.
All swimming pools shall be located within the setback lines specified by the zoning district in which they are to be located, except that, in the case of private swimming pools located in R-1, R-1A, R-2 or R-3 Zoning Districts, a swimming pool may be located not less than 10 feet from the rear and side property line on which the pool is to be located.
A.
All swimming pools must be fully enclosed by a fence or wall as set forth in § 172-104.
B.
The pool and its enclosures may not interfere with the sight triangle necessary to insure safe exiting from any street, alley or driveway. (See § 172-104 or 148-31G for guidance.)
§ 172-119 Recycling facilities.
[Added 5-28-1991 by Ord. No. 1991-3]
All commercial, industrial, institutional and multifamily (four units or more) uses shall include adequate facilities to handle, store and properly remove recyclable materials as required by the laws of the Commonwealth of Pennsylvania and Township ordinance.
