Raccoon Township City Zoning Code
ARTICLE XIII
Supplementary Regulations
§ 185-45 General application.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 185-46 Additional dwellings and structures.
A.
Except as specifically provided elsewhere in this chapter, no lot shall have more than one principal structure. No additional structures may contain any housekeeping facilities.
[Amended 11-14-2017 by Ord. No. 2017-5]
B.
Where a lot is used for a permitted commercial purpose, more than one principal commercial structure may be located upon the lot, but only when such structures conform to all land use, lot coverage and yard requirements for the district in which it is located.
C.
One additional single-family mobile home dwelling unit to be occupied by a relative, may be permitted in an A-1, A-2, R-1 or R-2 District provided a minimum site of two acres is delineated for each dwelling unit situated on the property.
D.
The Zoning Officer may grant a permit for a period not to exceed six months, renewable once, for the temporary placement of a mobile home, travel trailer, or motorized home to be used for living or housekeeping purposes under the following circumstances:
(1)
The mobile home, travel trailer, or motorized home is placed on a parcel that contains a single-family dwelling that was rendered uninhabitable by fire, storm, explosion, or act of God, and the applicant for the permit had been occupying the single-family dwelling as his primary residence at the time of the adversity;
(2)
The single-family dwelling is in the process of repair or reconstruction at the time the permit is requested, or will be under repair or reconstruction within a reasonable period of time thereafter; and
(3)
The temporary living unit is equipped with adequate provisions for sanitation and is properly anchored to withstand normal weather conditions.
E.
Temporary structures used in conjunction with construction work shall be permitted only during the period that construction work is in progress. Permits for temporary structures shall be issued for a maximum period of six months.
§ 185-47 Area and yard requirements.
A.
Notwithstanding the limitations imposed by any other provisions of the chapter, the Board of Supervisors may permit erection of a dwelling on any lot of record (in a district where permitted by this chapter) separately owned, or under contract of sale, and containing at the time of the passage of this chapter an area or width smaller than that required for a single-family dwelling.
B.
Side and rear yard: No structure, whether attached to the principal structures or not, including porches, garages, carports, balconies or platforms above normal grade level, shall project into any minimum side or rear yard.
C.
Front yard.
(1)
No structures whether attached to the principal structures or not, including garages, carports or balconies above normal grade level, shall project into any minimum front yard.
(2)
Video satellite dish installations shall be established to the rear of the front building line and no portion of the unit or its mounting shall be situated within any required minimum side or rear lot setback areas. No portion of the unit or its mounting shall be attached in any manner to another structure or building.
D.
Lots having frontage on more than one street shall provide the required building setback on every street.
§ 185-48 Driveway regulations.
A.
Driveways shall be designed in such a manner that would prevent the driveway material and associated stormwater from entering onto a public road.
B.
Driveways must be five feet from property lines, subject to the right of adjoining property owners to enter joint driveway agreements, unless otherwise specified by the provisions of this chapter.
C.
Driveways for commercial and industrial uses shall have a minimum width of 20 feet unless specified otherwise by applicable regulations.
D.
Access drives to and from off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well defined separate or common entrances and exits.
§ 185-49 Environmental protection.
A.
No excavation that has an obvious or identified potential of creating adverse environmental circumstances, such as erosion, slip-slide areas, subsidence, significant watercourse changes, air or water pollution or similar conditions, shall be undertaken until a zoning permit has been issued by the Zoning Officer.
B.
The applicant for a permit to proceed with excavation shall obtain all permits and authorizations required by local and any other county, state and federal governmental agencies having jurisdiction over such matters, prior to approval of a Zoning Permit by local authorities.
C.
Normal agricultural activities, commonly and routinely engaged in by farm and residential residents in the municipality, shall not be considered excavations and shall not require permits.
§ 185-50 Essential services.
Essential services as defined in this chapter shall be permitted as special exceptions in all zoning districts, subject to restrictions approved by the Zoning Hearing Board with respect to use, design, yard area, setback and height. The Board shall consider the impact of the use, activity, or structure involved, on adjacent land uses in terms of safety, potential for property devaluation and related factors.
§ 185-51 Height regulations.
A.
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
B.
The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, domes or similar projections not used for human occupancy, nor to chimneys, ventilations, skylights, water tanks, public utility facilities, bulkheads, silos, antennas, and other necessary mechanical and operational apparatus usually carried above the roof level.
§ 185-52 Performance standards.
A.
All land use activities shall comply with the requirements of this section. The Township may require evaluation by a qualified consultant, whose cost for services shall be borne by the applicant, in cases where issues develop over the need for, or the adequacy of, compliance.
B.
Fire prevention. Fire prevention and fire control equipment acceptable to standards of the Board of Fire Underwriters or other appropriate regulatory agency shall be readily available where any activity involves the handling of flammable or explosive materials.
C.
Steady-state noise emanated from stationary equipment. Steady-state noise emanating from stationary equipment or sources, which will persist during indefinite or periodic intervals of time over a period of more than seven consecutive days onto adjacent real properties or to a receiving property within any district within the Township, shall not exceed the maximum noise levels prescribed in this section.
(1)
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) of this section when measured at the following locations:
(2)
Maximum permissible noise levels are:
(a)
Daytime (7:00 a.m. to 10:00 p.m.) - 75 dBA;
(b)
Nighttime (10:00 p.m. to 7:00 a.m.) - 70 dBA.
(c)
Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971.
D.
Odor. No malodorous gas or matter that is discernible on any adjoining lot or property shall be permitted except for normal farm operations carried on in the A-1 and A-2 District.
E.
Air pollution. No pollution of air by flyash, dust, smoke, vapors, or any substance that is harmful to health, animals, vegetation or other property shall be permitted.
F.
Erosion. No erosion by wind or water that will carry objectionable substances onto neighboring properties shall be permitted.
G.
Water pollution. Water pollution in violation of any standards established by the Pennsylvania Department of Environmental Protection shall not be permitted.
§ 185-53 Storage and screening.
A.
No lot or premises may be used as a storage area or dump for garbage, junk automobiles, appliances or storage or collection of any other miscellaneous items except as provided for in appropriate articles of this chapter or other applicable Township statutes.
B.
No more than two vehicles or other units of motorized equipment that are disabled, from which the wheels or engine have been removed, or which are not in operating condition or do not have a current motor vehicle license and/or inspection sticker attached, shall be placed, parked or stored for a period exceeding 90 days, in any district, nor shall any owner or occupant of the property in any district permit said property to be used for the parking or storage of such vehicles or equipment. The foregoing shall not prohibit the rental of space in a private or public garage, repairs in a permitted garage in a commercial district, or storage of vehicles in a junkyard. This regulation is not meant to apply to operable classic or antique motor vehicles, farm tractors, racers and other vehicles not requiring state inspection.
C.
Any material stored outside an enclosed structure being used for commercial or industrial purposes, as an incidental part of the primary operation, shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties zoned R-1 and R-2. Materials shall not be deemed to include operable vehicles. In addition, bulk fuel storage shall be no closer than 200 feet to an existing dwelling, school, hospital or related residential use.
D.
Where required, a screen or buffer shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
E.
Mobile recreational vehicles, such as travel trailers, pickup coaches and motorized homes, parked or stored must comply with all regulations of Ordinance No. 2017-4 otherwise known as the Campgrounds and Recreational Vehicles Ordinance[1] except as permitted in this chapter under Article XIII, § 185-46D and E.
[Amended 11-14-2017 by Ord. No. 2017-5]
§ 185-54 Single unit mobile home installation.
Individual mobile homes, not a part of a mobile home park, that are installed where permitted on private land as single-family residential dwellings shall comply with all regulations for conventional dwelling houses with respect to size, setback and side lines of the district in which it will be sited, and shall meet the following additional requirements:
A.
The mobile home shall be installed to conform with all front yard, side yard and rear yard setback lines applicable to housing in the district.
B.
The mobile home shall be installed upon, and securely fastened to, a frost-free foundation, basement or footer.
C.
An enclosure of compatible design and material shall be erected around the entire base of any mobile home not mounted on an enclosed foundation or basement. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
D.
The owner shall provide a potable water supply and shall provide a sewage disposal system which meets all standards of the Pennsylvania Department of Environmental Protection.
§ 185-55 Floodplain zoning regulations.
All development within flood prone areas of Raccoon Township shall conform to applicable requirements of Chapter 95, Floodplain Management, of the Code of the Township of Raccoon, and all amendments thereto.
§ 185-56 Swimming pools.
A.
Every swimming pool, not including farm ponds, that has a below ground depth of 24 inches or more, and every swimming pool that has a height of three feet or more at its highest point above ground, must comply with the side, rear and front yard setback requirements of this chapter.
B.
Every swimming pool that is permanent in nature (all in-ground swimming pools, pools installed partially or completely below ground level and a wooden and/or metal frame exterior with a plastic liner or other liner as is customarily used in the industry that is not normally taken down during the winter months) must be enclosed with a fence of a height no less than four feet above ground level, and said fence must completely enclose said pool. Gates must have an appropriate lock installed thereon to deter unauthorized entrance.
C.
Aboveground pools with decks utilizing a step gate combination or a step or stairway to gain access to said pool must have a gate across the steps equipped with a workable lock, or if the steps or stairway is retractable, the same must be attached to a lock that is secured when the same are retracted.
§ 185-57 Roadside stands.
Roadside stands for the sale of produce and related farm products produced on site in A-1 and A-2 Districts shall conform to the following minimum standards:
§ 185-58 Cellular communication tower/antenna.
Cellular communication tower antenna as defined in this chapter may be permitted as a conditional use in A-1 and A-2 Agricultural Districts and in C-1 Light Commercial and C-2 Highway Commercial Districts pursuant to the standards and criteria specified herewith:
A.
Existing structures.
(1)
In order to reduce the number of antenna support structures needed in the community in the future, proposed support structures shall be required to accommodate other users, including other cellular communication companies, and local police, fire and ambulance.
(2)
A cell site with antenna that is attached to an existing communication tower, smoke stack, water tower, or other tall structure, is permitted in zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure (and is within the fifteen foot limit) it shall be authorized as a use by right and the applicant shall not be required to meet the standards and criteria contained in the following provisions of this section of the chapter.
B.
New structures.
(1)
If the cellular communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure). It is required to demonstrate that it contacted the owners of tall structures within an one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economics ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(2)
All other uses ancillary to the antenna and associated operational equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located.
(3)
A cell site with antenna that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted, is permitted only in the A-1, A-2, C-1 and C-2 Zoning Districts if authorized under conditional use provisions.
C.
Application requirements for conditional use. The application for conditional use shall include a development and operational plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included.
(1)
A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use.
(2)
A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in the Chapter 161, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval of a site plan.
(3)
Complete plans of the proposed tower and all auxiliary structures and support facilities shall be submitted. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or debris. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.
(4)
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structures may be artificially lighted except when required by the FAA.
(5)
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the following requirement shall apply: The distance between the geometric ground level center point of an antenna support structure and any adjacent public road-right-of-way and the bordering building setback lines of all adjacent land parcels shall be equal to, or greater than, 110% of the height of the antenna structure and all appendages attached thereto, as measured vertically from mean ground level.
(a)
All buildings and structures on the site other than the antenna support structure and any guy wire anchors shall conform to the setback and dimensional requirements that apply to the zoning district in which the site is located.
(b)
A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated, by unauthorized persons, domestic animals or livestock.
(6)
All applicable parking, sign and other requirements of this chapter shall apply. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
(7)
The site, including all structures, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained.
(a)
Suitable landscape screening or buffers shall be developed, if deemed necessary by the governing body, to minimize visibility of outside storage or ground level operational functions if said level activities are readily visible from adjoining properties used for residential purposes. Where required, a screen or buffer shall have a height adequate to achieve its purpose.
(b)
Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
(c)
The governing body may permit any combination of existing vegetation, topography, walls, landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
(8)
As a condition of the issuance of the conditional use, the following provisions and guarantees shall be provided by the fee simple owner of the site to agree to dismantle and remove the tower and associated facilities promptly should its use be abandoned for a period of 12 consecutive months.
(a)
The applicant shall provide the written opinion of a qualified professional certifying the current cost of the dismantling and removal of the tower and associated facilities. The Township, at its option, may secure the opinion of another professional to verify the accuracy of the figures submitted, and the applicant shall bear the cost of obtaining such opinion.
(b)
The issuance of a permit for the erection of a tower shall be conditioned on applicant's posting of a surety bond guaranteeing the dismantling and removal of the tower should its use be abandoned. The amount of the bond shall be equal to 120% of the cost of removal of the tower as set forth in (a) above. The amount of the bond shall be adjusted annually in accordance with the Consumer Price Index as published by the U.S. Department of Labor.
(9)
When applicable, the applicant shall have obtained from each appropriate state and federal regulatory agency or authority, all required permits issued in accordance with all applicable state and federal laws, directives and regulations for the proposed use.
(10)
As a condition of the issuance of the conditional use, applicants shall agree to pay an annual fee in an amount fixed by resolution of the Board of Supervisors and to submit an annual report on the status of operations at the facility site.
§ 185-58.1 Uses not otherwise listed.
[Added 11-14-2017 by Ord. No. 2017-5]
Where a use is not listed as a permitted, conditional or special exception use in any zoning district within the Township, a landowner and/or developer may request special exception use approval, in which case the Zoning Hearing Board shall, upon consideration of a recommendation from the Planning Commission, determine if the characteristics of the proposed use are of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located. In order to receive approval, the Zoning Hearing Board must determine that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specially listed in the applicable zoning district. In making such determination, the Zoning Hearing Board shall consider at least:
A.
The floor area of the building or gross areas of the lot devoted to the proposed use;
B.
The number of employees, visitors, customers, etc., resulting from the proposed use;
C.
The type of products, materials and equipment and/or processes involved in the proposed use;
D.
Traffic and environmental impacts and the ability of the proposed use to comply with the criteria set forth within the Township Code;
E.
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located;
F.
The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed; and