North Fayette Township
City Zoning Code
City Zoning Code
PART 8
Supplemental Regulations and Performance Standards
§ 27-801 Agriculture.
[Ord. No. 477, 5/11/2021]
Agricultural uses shall comply with the following requirements:
1.
Agricultural practices shall be permitted to operate in accordance with the provisions of the Commonwealth of Pennsylvania's Act 133 of 1982, as amended, "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances" statute, 3 P.S. § 951 et seq.
2.
Farm buildings, other than a dwelling, shall not be erected within 75 feet of an adjoining lot line.
3.
Feed lots, runs, pens, and similar intensively used facilities for animal raising and care, excluding pasture and grazing areas, shall not be located within 300 feet of an adjoining lot line.
4.
Animal holding areas for poultry and swine shall not be located within 500 feet of any lot line.
5.
Roadside stands for sale of agricultural products shall be permitted provided all of the following requirements are met:
§ 27-802 Private Stables or Hobby Farms.
[Ord. No. 477, 5/11/2021]
In the R-1 and R-2 Zoning Districts, a private stable or hobby farm for personal use and enjoyment shall be permitted on a lot which does not meet the acreage requirements for a farm, as defined by this chapter, provided the lot contains at least five acres and all of the following requirements are met:
1.
The owner of a private stable or hobby farm shall reside on the lot.
2.
Hobby farms may include any of the activities encompassed by agriculture, as defined by this chapter. The hobby farm shall be restricted to personal use and enjoyment and any sale of animals or produce shall not constitute the principal economic activity of the residents of the hobby farm. The sale of agricultural products raised on the hobby farm shall be permitted. Roadside stands, authorized by § 27-699.06 of this chapter, shall not be permitted on hobby farms.
3.
The number of animals maintained on a hobby farm, if any, shall be reasonably related to the size of the lot, the area available for grazing, and the capacity of the land to sustain the animals without creating a nuisance.
4.
On a lot utilized for a private stable, one horse or pony shall be permitted on the first three acres of land. One additional horse or pony shall be permitted for each additional acre over three acres. However, no private stable or hobby farm within an R-1 or R-2 Zoning District shall have more than a total of eight horses or ponies at any one time.
5.
No stables or other buildings in which animals are kept or manure is stored shall be located within 75 feet of any lot line or within 100 feet of any occupied dwelling, other than the stable owner's dwelling.
6.
No grazing of any animals shall be permitted closer than 100 feet from any occupied dwellings within the parcel or located on an adjacent parcel, excluding the private stable or hobby farm owner's dwelling.
7.
A private stable or hobby farm owner shall not permit litter and droppings from the horses or other animals to collect so as to result in the presence of fly larvae or objectionable odors.
8.
The area of the lot used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent lots.
§ 27-803 The Keeping of Chickens.
[Ord. No. 477, 5/11/2021]
1.
The keeping of chickens shall be allowed by right as an accessory use by permit, in all residential districts, subject to the standards in this section. Chickens on existing farms or hobby farms are exempt, regardless of the zoning district in which the subject property is located.
2.
Any person wishing to engage in his accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for review and approval, with the fee for same to be established by resolution of the Board of Supervisors. Approval shall be subject to the following standards:
A.
For the first 4,000 square feet of any property, up to three chickens are allowed. An additional chicken is permitted for every additional 2,000 square feet. A maximum number of 10 chickens may be kept at once on a parcel.
B.
No person shall keep or maintain a rooster.
C.
The chicken coop shall be located in a backyard only, a minimum of 10 feet from any lot line, and shall sufficiently contain the chickens. Any chicken not contained shall be considered "running at large."
D.
An outside run shall be attached to the coop 10 feet from any lot line, and sufficiently contain the chicken; and any chicken not contained shall be considered "running at large."
E.
All feed, water, and other items for keeping chickens shall be secured to prevent rats, mice, and other vermin from infesting.
F.
Chicken feces must be properly collected, stored, and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards. (Chicken manure may be composted and added to gardens or yards if done within out creating no malodorous smells, nuisances, or other hazards.) The minimum setback for chicken waste collection and storage shall be 10 feet from the property line.
G.
The selling of chickens or chicken products for commercial purposes is prohibited.
H.
Slaughtering and butchering is prohibited.
I.
No chickens shall be kept in townhouse communities, apartment communities, or mobile home parks.
§ 27-804 The Keeping of Ducks.
[Ord. No. 477, 5/11/2021]
1.
Subject to the standards in this section, it shall be a lawful to maintain ducks as an accessory use by permit in any residential zoning district. Ducks in agricultural zones and on any existing farms or hobby farms are exempt, regardless of the zoning district in which it is located.
2.
Any person wishing to engage in this accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for review and approval, with the fee for the same to be established by resolution for the Board of Supervisors. Approval shall be subject to the following standards:
A.
Ducks shall only be kept on properties that are one acre or larger.
B.
No person shall house more than five ducks on a single residential parcel.
C.
Ducks shall be kept in the backyard only. All enclosed shelter with adequate protection from weather and predators is required. The shelter shall provide at least three square feet per duck. All duck keeping facilities shall be setback at least 50 feet from lot lines.
D.
Any duck contained on an owner's property considered "running at large."
E.
All feed, water, and other items for keeping shall be secured to prevent rats, mice, and other vermin from infesting.
F.
Duck feces must properly collected, stored and disposed of in a manner that prevents malodorous smells, nuisances, or other hazards. (Duck manure may be composted and added to gardens or yards if done within out creating no malodorous smells, nuisances, or other hazards.) The minimum setback for duck waste collection and storage shall be 10 feet from the property line.
G.
Ducks shall be kept for personal reasons only. The selling of ducks or duck products for commercial purposes is prohibited.
H.
Slaughtering and butchering is prohibited.
I.
No ducks shall be kept in townhouse communities, apartment communities, or mobile home parks.
§ 27-805 The Keeping of Bees.
[Ord. No. 477, 5/11/2021]
1.
Subject to the standards in this section, it shall be a lawful to maintain an apiary as an accessory use by permit in any residential zoning district. Bees agricultural zones and on any existing farms or hobby farms are exempt, regardless of zoning district in which it is located.
2.
Any person wishing to engage in this accessory use by permit shall submit an application for zoning/accessory use permit to the Zoning Officer for review and approval, with the fee for the same to be established by resolution for the Board of Supervisors. Approval shall be subject to the following standards:
A.
For 4,000 square feet of any parcel, up to two hives are allowed; Each additional 2,000 square feet of any parcel is permitted two additional hives. A maximum number of six hives may kept per property.
B.
Apiaries shall be maintained in the backyard of the property and prohibited from being located in the front or side yard of any property. Any hives shall be set back a minimum of 15 feet from any lot line. Beekeeping facilities shall not be within 50 feet of a swimming pool of permanently kenneled animal.
C.
Flyway barriers shall be required if a beekeeper is unable to direct bee flight pathways above six feet across the beekeeper's property. Flyway barriers shall be six feet in height and within five feet distance from the hive. No flyway barriers are required for hives on porches or balconies at least 10 feet above grade.
D.
Bees shall be kept for personal use only. The selling of bees or bee products for commercial purposes is prohibited.
E.
No bees shall be kept in townhouse communities, apartment communities, or mobile home parks.
§ 27-806 Nonresidential Use Lighting Standards.
[Ord. No. 477, 5/11/2021]
1.
All exterior parking lots, driveways, vehicular access aisles, pedestrian access areas, sidewalks, pathways, and loading spaces shall be sufficiently illuminated so as to provide for safe movements on site.
2.
Illumination shall be by sharp cutoff fixtures with flush-mounted lens cap, with the following exceptions.
A.
Decorative streetlighting along streets (not including parking lot areas) are exempt from this requirement. However, streetlight poles for decorative streetlighting shall not exceed 24 feet in height, measured from finished grade to the top of the fixture.
B.
Decorative lighting along pedestrian walkways in front of buildings and in pedestrian plazas is exempt from this requirement. However, light poles for the decorative lighting shall not exceed 15 feet in height, measured from finished grade to the top of the fixture.
3.
Fixtures (including those mounted on a building or other structure) shall be mounted parallel to the ground surface, with the following exceptions.
A.
Decorative streetlighting along streets, decorative lighting along pedestrian walkways in front of buildings, and decorative lighting in pedestrian plazas are exempt from this requirement.
B.
Lighting for the purpose of highlighting a structure or landscape feature shall be exempt from this requirement.
4.
Pole height shall be a maximum of 24 feet.
5.
Illumination shall not exceed two footcandles at all property boundaries. The two footcandles illumination shall be measured horizontally on the ground surface and vertically at a five-foot height at the property lines.
6.
All site lighting, including architectural, landscape, and canopy lighting, shall be from a concealed source that is not visible from the property boundaries or public street ROW. Lighting associated with a freestanding or building canopy shall be recessed into the canopy.
§ 27-807 Residential Use Lighting Standards.
[Ord. No. 477, 5/11/2021]
1.
For all residential uses that require parking lots that contain more than 10 parking spaces, the proposed use shall comply with the requirements of the nonresidential use lighting standards above.
2.
All other proposed lighting in residential zoning district shall be oriented so as not to interfere with adjacent properties. Decorative streetlights constructed in conjunction with a proposed residential development shall be designed to minimize impact to existing developments or properties.
§ 27-808 Exterior Finishes.
[Ord. No. 477, 5/11/2021]
The exterior finish of the building, whether finished face brick, wood veneer, siding, or any other finished facing materials approved by the Zoning Officer, shall come down the building to within six inches of finished grade. Plain masonry block or poured concrete shall not be considered a finished product; nor shall either of these construction surfaces be considered as a finished product if painted, unless specified as a specific architectural exterior treatment by a design professional.
§ 27-809 Screening of Roof Equipment.
[Ord. No. 477, 5/11/2021]
Mechanical equipment designed to be located on the roof of a structure/building must be screened with typical building materials. The screen must be designed to complement building designed and conceal this equipment from neighboring property owners and the public on adjacent roadways.
§ 27-810 Fire Protection.
[Ord. No. 477, 5/11/2021]
1.
Fire prevention and firefighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
2.
Fire Hydrants. For any land development projects that include the placement of a fire hydrant, a three-foot clear zone shall be established around the fire hydrant which shall be paved with a concrete or asphalt base.
3.
A twenty-foot fire/emergency access route shall be provided around the perimeter of all commercial buildings.
4.
A twenty-four-foot wide fire/emergency access route shall be provided around the perimeter of all residential apartment buildings, group care facilities, senior housing facilities, and any other building where a twenty-four-foot wide access road is deemed required by the Township Fire Official or the local Fire Chief.
§ 27-811 Electrical Disturbance.
[Ord. No. 477, 5/11/2021]
No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
§ 27-812 Noise.
[Ord. No. 477, 5/11/2021]
1.
The ambient noise level of any operation, other than those exempted below, shall not exceed the dBa levels prescribed herein. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average dBa level recorded during observations taken in accordance with industry standards for measurement and taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
2.
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
A.
Residential Districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA for more than four hours during a twenty-four-hour equivalent period.
B.
Commercial Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA for more than eight hours during a twenty-four-hour equivalent period.
C.
Industrial Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours during a twenty-four-hour equivalent period.
D.
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
E.
The following uses or activities shall be exempted from the noise regulations:
(1)
Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.
(2)
Noises caused by safety signals, warning devices, and other emergency-related activities or uses.
(3)
Noises emanating from public or private recreational use between 7:00 a.m. and 12:00 midnight.
(4)
Normal utility and public works activities between the hours of 7:00 a.m. and 9:00 p.m., and emergency operations at any time.
(5)
Customary and usual farming activities in all zoning districts.
F.
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state, and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
§ 27-813 Vibrations.
[Ord. No. 477, 5/11/2021]
Vibrations detectable without instruments on neighboring property in any district shall be prohibited, except for vibrations emanating from construction or maintenance activities between the hours of 7:00 a.m. and 9:00 p.m.
§ 27-814 Odors.
[Ord. No. 477, 5/11/2021]
No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
§ 27-815 Smoke, Ash, Dust, Fumes, Vapors, and Gases.
[Ord. No. 477, 5/11/2021]
There shall be no emission of smoke, ash, dust, fumes, vapors, or gases which violates applicable federal, state, or county laws and regulations.
§ 27-816 Glare.
[Ord. No. 477, 5/11/2021]
Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
§ 27-817 Erosion.
[Ord. No. 477, 5/11/2021]
No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
§ 27-818 Water Pollution.
[Ord. No. 477, 5/11/2021]
Water pollution shall be subject to the standards established by the PA DEP.
§ 27-819 Radioactivity or Electrical Disturbance.
[Ord. No. 477, 5/11/2021]
No activity shall emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
§ 27-820 Air Pollution.
[Ord. No. 477, 5/11/2021]
No pollution by air by fly ash, dust, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation, or other property, or which can cause excessive soiling. Ultimately, air pollution may be acceptable provided that the use complies with all regulations or requirements of the DEP, EPA, and all other regulatory agencies.
§ 27-821 Determination of Compliance with Performance Standards.
[Ord. No. 477, 5/11/2021]
During the review of an application for zoning approval, the applicant may be required to submit and date any evidence documenting that the proposed activity, facility or use will comply with the provisions of this Part 8. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this Part 8 shall be a basis for denying approval of the application.
§ 27-822 Continuing Enforcement.
[Ord. No. 477, 5/11/2021]
1.
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
2.
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with Part 15 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
§ 27-823 Homeowners' Association Requirements.
[Ord. No. 482, 7/13/2021]
1.
Homeowners' Association (HOA) Establishment.
A.
An HOA organization shall be established by the developer for the ownership, operation, and maintenance of common open space, recreational facilities, stormwater management facilities, utilities, and other such amenities of common interest and ownership in all residential developments, mixed-use developments that feature a residential component, and planned residential developments (PRDs).
(1)
Except for planned residential developments, if no common open space, utilities, and other such amenities of common interest and ownership are to be provided, an HOA is not required.
B.
The developer shall provide a description of the HOA, including its bylaws and methods for maintaining the common open space. HOAs shall exist in perpetuity, or for however long is required to operate and maintain common open space, recreational facilities, stormwater management facilities, utilities, and other such amenities of common interest and ownership.
(1)
The members of the HOA shall share equitably the costs of maintaining all property and/or amenities maintained by the HOA. If a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with the provisions for same in the bylaws of the organization.
(2)
The HOA shall be responsible for maintenance of insurance and taxes on all common open space, recreational facilities, stormwater management facilities, utilities, and other such amenities of common interest and ownership.
(3)
The HOA shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Township.
(4)
The HOA shall have the authority and ability to promptly correct hazardous conditions in the open space.
(5)
The HOA shall provide annual updates to the Township on changes in the composition or membership of its Board and changes to any of its maintenance agreements, contracts, or ability to maintain said development, its grounds, and any open space.
C.
The HOA shall be organized by the developer and operate with financial subsidization by the developer, before the sale of any lots within the development.
D.
Membership in the HOA shall be mandatory for all purchasers of dwelling units therein and their successors. The conditions and timing of transferring control of the HOA from the developer to the homeowners shall be identified.
2.
Operation and Maintenance of Amenities.
A.
All amenities in a development or PRD shall be owned, managed, operated, and maintained by a private entity, such as an individual, corporation, or HOA, including walkways, sidewalks, parks, open spaces, parking lots, gutters, curbs, waterlines, stormwater management facilities, landscaping, lighting, traffic control devices, and other facilities for which plans and specifications must comply with the minimum requirements of this chapter, the SALDO,[1] and/or conditions attached to the granting of approval or conditional use approval, unless dedicated to the Township or otherwise outlined in the developer's agreements.
B.
Maintenance of all sidewalks and streetlights installed as part of the development, whether located on common open space or individual lots, shall be the responsibility of the HOA.