Potter Township City Zoning Code
ARTICLE II
District Regulations
§ 210-10 Zoning Map.
A map entitled "Official Zoning Map, Potter Township, Beaver County, Pennsylvania," is hereby adopted as part of this chapter. The Zoning Map shall be kept on file, available for examination at the Township Office. Copies of the Zoning Map, together with this chapter, shall be made available to the general public by the Township at a reasonable fee to be determined by resolution of the Board of Supervisors.
§ 210-11 Zoning districts.
The Township is divided into the districts stated in this chapter as shown by the district boundaries on the Official Zoning Map:
I | Industrial District |
MU | Mixed Use District |
NHD | Natural Heritage District |
R | Residential District |
OIP | Office Industrial Park District |
§ 210-12 Interpretation of district boundaries.
District boundaries shown within the lines of streets, streams, and transportation rights-of-way shall be deemed to follow their center lines. The vacation of streets shall not affect the location of such district boundaries. When the Zoning Officer cannot definitively determine the location of a district boundary by such center lines, by the scale or dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line shown on the Zoning Map, said officer shall deny the application, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the intentions and purposes set forth in all relevant provisions of this chapter.
§ 210-13 Interpretation of regulations.
Whenever the provisions of this chapter are at variance with provisions in other parts of this chapter, or with any other lawfully adopted rules, regulations, or ordinances, the more-restrictive requirements shall govern.
§ 210-14 Procedure for establishing districts.
A.
For any or all said purposes, the Board of Supervisors may divide the Township into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this chapter. Within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in another district.
B.
The Board of Supervisors may from time to time, on its own motion or petition, after public notice and hearing, amend the regulations and districts herein established. If, after any public hearing held upon an amendment, the proposed amendment is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
§ 210-15 Conformance required; restrictions.
A.
Use of property. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B.
Restrictions.
(1)
No building shall hereafter be erected or altered: (a) to exceed the height; (b) to accommodate a greater number of families; (c) to occupy a greater percentage of lot area; (d) to have narrower or smaller rear yards, front yards or side yards than are specified herein for the district in which such building is located; or (e) on a site that has experienced periodic flooding except in accordance with the laws and regulations attributable to floodplains, under standards of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, or per amendments to said Acts or by a similar replacement law.
(2)
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
(3)
Lots containing a slope of 3:1 or greater for a distance of 50% of their total depth shall have a minimum of 25% total increase in lot depth above the depth required by this chapter before a permit is granted.
(4)
This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by public utility corporations if, upon petition of the 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.
§ 210-16 MU Mixed Use District.
This district is intended to preserve and foster multiple development uses within Potter. The primary uses in this district are commercial and service-oriented along with other uses compatible therewith.
M-U Mixed Use District | |
|---|---|
Permitted Uses | Conditional Uses |
Hotels/motels (§ 210-38) | Airports, ultralight airports, heliports (§ 210-52) |
Restaurants, bars or taverns; private clubs (§ 210-36) | Rooming/boarding homes (§ 210-29) |
Residential | Group day-care homes (§ 210-35) |
Churches | Industrial parks (§ 210-47) |
No-impact home-based businesses (§ 210-25) | Restaurants with golf courses or country clubs (§ 210-33) |
Parks and playgrounds | Family day-care homes (§ 210-35) |
Professional and business offices (§ 210-58) | Mineral and resource extraction (§ 210-41) |
Forestry (§ 210-68) | Cemeteries and mausoleums (§ 210-42) |
Municipal buildings (all types) | Personal care homes (§ 210-30) |
Retail uses and manufacturing (all types) | Outdoor commercial recreation (§ 210-39) |
Greenhouses and nurseries | Veterinarian offices and kennels (§ 210-48) |
Water recreation and storage (§ 210-93) | Commercial stables and riding academies (§ 210-48) |
Marinas, docks, piers, etc. (§ 210-70) | Specialized animal raising and care |
Home occupations (§ 210-25) | Self-storage facilities (§ 210-32) |
Bed-and-breakfast (§ 210-27) | Wireless communications facilities (§ 210-34) |
Accessory uses and structures | Oil and gas wells and facilities (§ 210-40) |
Essential services | Sawmills (§ 210-50) |
Public utility substation (§ 210-24) | Wind farms and facilities (§ 210-65) |
Public safety services (§ 210-49) | |
Conversion apartments (§ 210-57) | |
Art galleries | |
Supply yards | |
Ancillary residential (§ 210-62) | |
Gasoline service stations (§ 210-44) | |
Schools (§ 210-26) | |
Medical and dental offices/clinics | |
Personal services | |
Auto/truck, boat, farm, heavy equipment sales and service (§ 210-54) | |
Convenience stores (§ 210-37) | |
Car washes (§ 210-31) | |
Nursing homes (§ 210-26) | |
Libraries | |
Hospitals and clinics for humans (§ 210-26) | |
Funeral homes (§ 210-28) | |
§ 210-17 R Residential District.
The purpose of this district is to provide for and maintain low-density residential requirements of Potter Township. This district shall allow agricultural uses, single-family dwellings, two-family dwellings, and multiple-family dwellings, and includes associated public, institutional, and recreational uses and other compatible uses set forth hereafter.
R Residential District | |
|---|---|
Permitted Uses | Conditional Uses |
Single-family dwellings | Nursing homes (§ 210-26) |
Agriculture (§ 210-95) | Rooming/boarding homes (§ 210-29) |
Churches | Public utility substations (§ 210-24) |
Municipal buildings (all types) | Public safety services (§ 210-49) |
Parks and playgrounds | Conversion apartments (§ 210-57) |
Schools (§ 210-26) | Multiple-family dwellings (§ 210-64) |
Family day care (§ 210-35) | Bed-and-breakfast inns (§ 210-27) |
Two-family dwellings | Golf courses, country clubs (§ 210-33) |
Accessory uses and structures | Wireless communications facilities (§ 210-34) |
Essential services | Mineral and resource extraction (§ 210-41) |
No-impact home-based business (§ 210-25) | |
Forestry (§ 210-68) | |
Water recreation and storage (§ 210-93) | |
Cemeteries and mausoleums (§ 210-42) | |
Educational uses (§ 210-26) | |
Planned unit developments (§ 210-67) | |
Home occupations (§ 210-25) | Special exceptions |
Noncommercial keeping of farm animals (§ 210-53) | Mobile home parks (§ 210-43) |
§ 210-18 NHD Natural Heritage District.
[Amended 11-18-2015 by Ord. No. 140]
The purpose of this district is to conserve open space and natural resources; to protect steep slopes; to minimize the impact of development on the environment in areas with sensitive natural features; to provide for outdoor recreation and related activities; and to preserve the natural heritage of Potter Township.
A.
Purpose. The following natural resource protection standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts while maximizing the cultural value of the district. These standards are intended to meet the following purposes:
(1)
Define natural resources within the district and establish resource protection standards to assist the Township in reducing the impact proposed uses will have on the environment.
(2)
Conserve valuable natural resources within the Township in accordance with the following community goals of the Potter Township Comprehensive Plan (2005) and the Beaver County Comprehensive Plan (2010):
(3)
Protect identified natural resources within the Township:
(a)
Protect sensitive natural areas, including streams, flood-prone areas, woodlands, and steep slopes.
(b)
Preserve and protect areas which are naturally unsuitable for development, especially creek valleys and steep slopes, floodplains, woodlands, wetlands, hydric soils, and hedgerows.
(c)
Continue to preserve sensitive natural areas and wildlife habitats from development by strengthening natural resource protection standards.
(d)
Protect regional watersheds and the quality of groundwater and streams within the Township and pursue measures to maintain and, where possible, improve water quality.
(4)
Promote specific, permitted land uses in the district and provide a framework for the development and construction of recreational and cultural facilities in it.
B.
Protection standards.
(1)
General.
(a)
In the event that the provisions of this section and the provisions of other applicable Township or commonwealth ordinance standards are in conflict, the more-restrictive provisions shall apply.
(b)
In the event that two or more natural resource areas identified in this section overlap, the resources with the most-restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.
(c)
It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this section prior to the submission, review, and approval of: applications for zoning or building permits; conditional use or special exception approvals; zoning variances; or submission of plans for subdivision or land development.
[1]
Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.
[2]
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this chapter and other applicable ordinance provisions.
(d)
All natural resources are to be delineated on any subdivision or land development plan or zoning permit application and verified as correct by the Township Engineer.
(e)
It shall be a violation of this chapter to operate a dirt bike or all-terrain vehicle (ATV) or other motorized transport for sporting purposes within the district. Any motorized vehicle must be operated only in a low-impact manner and only as a necessary function of a permitted use.
(2)
Floodplains.
(a)
Resource protection standards. Areas identified as being within the boundaries of the floodplain shall not be regraded, filled, built upon, channeled, or otherwise altered or disturbed except in conformance with the Potter Township Floodplain Ordinance.[1]
(b)
Delineation. The applicant shall delineate the limit of floodplains which are on the site in accordance with the Official Floodplain Map of FEMA.
(3)
Steep slopes.
(a)
Resource protection standards.
[1]
Steep slope areas shall be preserved in their natural state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary; and in no case shall it exceed the following permitted disturbance limits:
[a]
Moderately steep slopes. No more than 30% of moderately steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed.
[b]
Very steep slopes. No more than 15% of very steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. In addition, the disturbance permitted on very steep slopes shall be limited to the following activities:
[i]
Timber harvesting, when conducted in compliance with the required timber harvesting plan. Clear-cutting or grubbing of trees is prohibited on very steep slopes.
[ii]
Grading for the minimum portion of a road or driveway necessary for access to the principal use and utility lines when it can be demonstrated that no other routing is feasible.
[2]
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition.
[3]
A grading plan shall be provided, identifying the existing contours of the site, proposed finished grades, and the proposed location of all buildings and structures.
[4]
Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and to strive for compatibility with the character of rural roads.
[5]
Finished slopes of permitted cut and fill shall not exceed 33% slope unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately.
[6]
All stockpiles of earth shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer when stored for more than 21 days. Cut and fill resulting in slopes of greater than 25% shall be protected with an erosion-control blanket.
[7]
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of the Subdivision and Land Development Ordinance[2] and PA DEP standards.
[a]
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of the Subdivision and Land Development Ordinance.
[b]
The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.
[8]
Where the following information has not been previously submitted as part of a subdivision or land development plan application, such information shall be submitted to the Township with building permit, conditional use, special exception, or zoning applications, when applicable:
[a]
The grading plan and erosion and sedimentation control plans described in Subsection B(3)(a)[3] and [7] above.
[b]
For slopes of greater than 25%, an architectural plan, including materials and type of foundation to be used to overcome structural problems associated with slope conditions.
(b)
Delineation. The applicant shall delineate the two categories of steep slopes (moderately steep, very steep) which are on the site.
(4)
Wetlands.
(a)
Resource protection standards.
[1]
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. The applicant shall concurrently provide to the Township a copy of the application and any other wetland information submitted to DEP and the United States Army Corps of Engineers.
[2]
Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.
(b)
Delineation. The applicant shall delineate the limits of wetlands on the site. In addition, the following information shall be provided:
[1]
A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications shall be submitted to the Township. If there is a question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.
[2]
Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township.
[3]
The wetlands report shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.
(5)
Wetland margins.
(a)
Resource protection standards. With the exception of those uses or activities listed below, no more than 20% of a wetland margin shall be regraded, filled, built upon, or otherwise altered or disturbed:
[1]
Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing) or the Township (i.e., low-impact recreation), whichever is more restrictive;
[2]
Provision of unpaved trail access;
[3]
Selective removal of hazardous or invasive alien vegetative species;
[4]
Vegetation management in accordance with an approved landscape plan or open space management plan; or
[5]
A soil conservation project approved by the Beaver County Conservation District.
(b)
Delineation. The applicant shall delineate the limits of the wetland margins on the site.
(6)
Watercourses and riparian buffers.
(a)
Resource protection standards. With the exception of those uses or activities listed below, no woodland disturbance or other land disturbance shall be permitted within a watercourse or Zone 1 riparian buffer:
[1]
Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing) or Township (i.e., low-impact recreation);
[2]
Provision for unpaved trail access;
[3]
Selective removal of hazardous or invasive alien vegetative species;
[4]
Vegetation management in accordance with an approved landscape plan or open space management plan; or
[5]
A soil conservation project approved by the Beaver County Conservation District.
(b)
Delineation. The applicant shall delineate watercourses and Zone 1 and Zone 2 riparian buffers and riparian forest buffers located on the site per PA DEP Publication 394-5600-001 (November 27, 2010).
(7)
Woodlands, hedgerows, and specimen vegetation.
(a)
Resource protection standards.
[1]
Specimen vegetation shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate a hazardous condition(s) or otherwise permit lawful use of the lot or tract; where permitted, removal of specimen vegetation shall be minimized.
[2]
Disturbance allowance for woodlands and hedgerows.
[a]
Unless undertaken as an approved timber harvesting operation conducted in compliance with the required timber harvesting plan, no more than 35% of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed for a permitted use.
[b]
Where disturbance of existing areas of woodlands and hedgerows exceeds 20,000 square feet for each principal use permitted on any lot or tract, woodland replacement shall be required.
[c]
Guidelines for determining permitted woodland disturbance. In determining where permitted woodland disturbance will occur, the following factors shall be considered:
[i]
The applicant shall consider the location(s) and benefit of conservation of healthy, mature woodland stands.
[ii]
Each building or structure shall be constructed in such a manner as to provide the least alteration or disturbance necessary of the existing woodland. Where possible, clear-cutting shall be minimized and trees shall be selectively removed.
[iii]
Where possible, the remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife. The applicant shall consider the impacts, in terms of functions and values to wildlife, of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas, especially woodlands exceeding 10 acres in area.
[iv]
Preserved woodlands and hedgerows may be used to provide the vegetative screens and buffers as required for permitted uses; additional planting may be required to supplement existing vegetation.
(b)
Delineation. The applicant shall delineate the limits of woodlands, hedgerows and specimen vegetation which are on the site.
NHD Natural Heritage District | ||
|---|---|---|
Permitted Uses | Conditional Uses | |
Water recreation and storage (§ 210-93) | Public utility substations (§ 210-24) | |
Outdoor commercial recreation (§ 210-39) | Public safety services (§ 210-49) | |
Hunting preserves (§ 210-51) | Wireless communications facilities (§ 210-34) | |
Agricultural-related businesses/farming operations (§ 210-55) | Essential services | |
Campgrounds and recreational vehicles (§ 210-56) | Accessory uses and structures | |
Playgrounds and parks | Commercial kennel, stable or riding academy (§ 210-48) | |
Forestry (§ 210-68) | Oil and gas wells (§ 210-40) | |
Marinas, docks, piers, other water-related uses (§ 210-70) | Mineral and resource extraction (§ 210-41) | |
Wind farms and facilities (§ 210-65) | ||
Restaurants with golf courses or country clubs (§ 210-36) | ||
Restaurants, bars or taverns; private clubs (§ 210-36) | ||
§ 210-19 OIP Office Industrial Park District.
The purpose of this district is to provide for and maintain suitable areas which will satisfy the commercial and industrial requirements and potential of Potter Township. The Office Industrial Park District shall include commercial office uses.
OIP Office Industrial Park District | |
|---|---|
Permitted Uses | Conditional Uses |
Industrial parks (§ 210-47) | Veterinarian offices |
Restaurants, bars or taverns; private clubs (§ 210-36) | Auto/truck, boat, farm, and heavy equipment sales and service (§ 210-54) |
Day-care facilities (§ 210-35) | Gasoline service stations (§ 210-44) |
Professional and business offices (§ 210-58) | Animal crematorium facilities (§ 210-69) |
Retail uses/manufacturing | Oil and gas wells and facilities (§ 210-40) |
Public utility substations (§ 210-24) | Schools, hospitals and clinics for humans (§ 210-26) |
Hotels/motels (§ 210-38) | Personal care homes (§ 210-30) |
Public safety services (§ 210-49) | Wireless communications facilities (§ 210-34) |
Medical and dental offices/clinics | |
Personal services | |
Essential services | |
Mineral and resource extraction (§ 210-41) | |
Accessory uses and structures | |
Funeral homes (§ 210-28) | |
Municipal buildings (all types) | |
Churches | |
§ 210-20 I Industrial District.
The purpose of the Industrial District is to provide suitable space for existing industries and their expansion, provide areas for the exclusive development of industrial uses that generally have extensive space requirements, as well as provide for future industrial development and to take advantage of rail and water transportation relative thereto. Commercial uses are also allowed. Performance standards, loading and parking specifications, and yard regulations are set forth in this chapter in order to ensure, insofar as possible, safe, nonobjectionable industrial use, as these activities often generate noise, odors, smoke or vibrations detectable to human senses off the premises on which the use is located.
I Industrial District | |
|---|---|
Permitted Uses | Conditional Uses |
Heavy and light manufacturing (§ 210-46) | Industrial parks (§ 210-47) |
Captive residual waste facility (§ 210-59) | Animal crematorium facilities (§ 210-69) |
Public utility substations (§ 210-24) | Incinerating plants |
Offices, all types | Mineral and resource extraction (§ 210-41) |
Research and testing laboratories | Sewage treatment plants (§ 210-60) |
Truck terminals | Sanitary landfills, municipal waste (§ 210-59) |
Warehousing/wholesale businesses | Scrap yards (§ 210-45) |
Rental services | Wind farms and facilities (§ 210-65) |
Contractor yards | Chemical manufacturing and storage |
Forestry (§ 210-68) | Fuel bulk storage facilities |
Accessory uses and structures | Oil and gas facilities (§ 210-40) |
Essential services | Adult businesses (§ 210-61) |
Water recreation and storage (§ 210-93) | Methadone treatment facilities (§ 210-66) |
Municipal buildings (all types) | Oil and gas manufacturing operations |
Wireless communications facilities (§ 210-34) | Public and private utility operations |
Gasoline service stations (§ 210-44) | Electricity generating facilities |
Car washes (§ 210-31) | Petrochemical facilities and uses incidental thereto (§ 210-63) |
Marinas, docks, piers and other water-related uses (§ 210-70) | |
Self-storage facilities (§ 210-32) | |
§ 210-21 Lot and yard requirements.
The minimum lot area, minimum lot area per family, maximum lot coverage by buildings and structures, minimum depth of front yard, minimum depth of rear yard, side yard requirements, maximum height of structures and number of stories for each district shall be as specified in Table 21.1 unless otherwise indicated.
Table 21.1 | |||||||
|---|---|---|---|---|---|---|---|
Potter Township Lot and Yard Requirements | |||||||
District | Lot Area* (acres) | Lot Width (feet) | Front Yard (feet) | Side** Yard (feet) | Rear Yard (feet) | Height (feet) | Lot Coverage |
Mixed Use District | 0.25 | 75 | 30 | 10 | 30 | 75 | 50% |
Office Industrial Park | 10 | 75 | 50 | 25 | 50 | 75 | 70% |
Natural Heritage District | 5 | 200 | 30 | 10 | 30 | 25 | 10% |
Industrial District | 2 | 200 | 30 | 20 | 30 | 120 | 50% |
Residential District | 1*** | 100 | 40 | 10 | 30 | 40 | 30% |
Two-family dwellings | 2 | 150 | 40 | 10 | 30 | 40 | 30% |
Multifamily, for each dwelling unit over 2 | See § 210-64 | 150 | 40 | 10 | 30 | 40 | 30% |
Accessory uses | — | — | 40 | 10 | 10 | 15 | 10% total |
NOTES: | |
|---|---|
*Regardless of the lot size listed, all lots, except duly certified non-building lots, must be approved by the Township's sewage enforcement officer. | |
**Corner lots in the R District shall provide an additional 10 feet of side yard along the non-frontage road. | |
***In the R District where public sanitary sewers are available for use, lot area required for single-family dwellings shall be 0.75 acre; two-family dwellings, one acre; and three-family or four-family dwellings, 1.5 acres. Required lot widths shall be 100 feet (single-family) and 150 feet (two-family). |