Stroud Township City Zoning Code
PART 4
ZONING DISTRICT USE REGULATIONS
§ 27-401 Application of District Regulations.
[Ord. 1998-5, 7/20/1998, § 4.100]
1.
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
2.
No building, structure, or land shall hereafter be erected, constructed, reconstructed, moved, or structurally altered internally or externally and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the district in which it is located.
3.
No part of a yard, or other open space, or off-street parking or loading space required or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
4.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
5.
All territory which may hereafter be annexed to the Township shall be considered to be zoned in the same manner as the contiguous territory inside the previous Township limits until otherwise classified.
§ 27-402 Types of Uses.
[Ord. 1998-5, 7/20/1998, § 4.200; as amended by Ord. 2009-2, 3/3/2009, § 8]
1.
Permitted Uses. Uses listed as permitted uses within each district in this Part and in Schedule 27-I[1] shall require no special action by the Township Supervisors or Zoning Hearing Board before a zoning permit is issued by the Zoning Officer.
[1]
Editor's Note: Schedule 27-I is included as an attachment to this chapter.
2.
Conditional Uses. Uses listed as conditional uses within each District in this Part and in Schedule 27-I shall require individual consideration in each case because of their unique characteristics. Such conditional uses shall be referred to the Planning Commission by the Township Supervisors for review and recommendation and may be permitted only after a public hearing and determination by the Board of Supervisors that such uses meet the standards in this chapter.
3.
Special Exception Uses. Uses listed as special exceptions within each District in this Part and in Schedule 27-I shall require individual consideration in each case because of their unique characteristics. Such special exceptions shall be referred to the Planning Commission for review and recommendation and shall be permitted only after a public hearing and determination by the Township Zoning Hearing Board that such uses meet the standards in this chapter.
4.
Prohibited Uses.
A.
Any use not permitted by this chapter within a district shall be deemed to be prohibited within that district.
B.
The following uses are specifically prohibited within the C-4 District:
(1)
Uses not specifically listed in Schedule 27-I for the C-4 District are prohibited unless the Board of Supervisors makes a determination that the proposed use is of the same general character as the C-4 District permitted uses and will not be detrimental to the C-4 District and surrounding neighborhoods. The following uses are specifically prohibited uses in the C-4 District: adult book, video store or establishments; adult theaters, sexually-oriented businesses, massage parlors, gambling facilities, self-service storage facilities, storage yards, warehouses, substance abuse facilities, plus:
(a)
All of Division B — mining.
(b)
All of Division C — construction, except for office use provided no exterior storage of materials or equipment.
(c)
All of Division D — manufacturing.
(d)
All of Division E — transportation, communications, electric, gas and sanitary services.
(e)
All of Division F — wholesale trade.
(g)
Under Division I — services.
1)
Under Major Group 70.
a)
SIC 7011 hotels and motels (except bed-and-breakfast inns up to four bedrooms which are permitted).
b)
SIC 7021 rooming and boarding houses.
c)
SIC 7032 sporting and recreational camps.
d)
SIC 7033 recreational vehicle parks and campsites.
e)
SIC 7041 organization hotels and lodging houses, on membership basis.
(h)
Under Major Group 72.
1)
SIC 7211 power laundries, family and commercial.
2)
SIC 7212 garment pressing, and agents for laundries and dry-cleaners.
3)
SIC 7213 linen supply.
4)
SIC 7216 dry-cleaning plants.
5)
SIC 7217 carpet and upholstery cleaning, except for cleaning done on customers' premises.
6)
SIC 7218 industrial launderers.
(i)
Under Major Group 73.
1)
Under business services, not elsewhere classified (SIC 7389):
a)
Automobile recovery service.
b)
Automobile repossession service.
c)
Bondspersons.
d)
Drive-a-way automobile service.
e)
Field warehousing, not public warehousing.
f)
Gas systems, contract conversion from manufacturing to natural gas.
g)
Presorting mail service.
h)
Produce weighing service, not connected with transportation.
i)
Repossession service.
j)
Scrap steel cutting on a contract or fee basis.
k)
Solvents recovery service on a contract or fee basis.
l)
Weighing foods and other commodities.
m)
Yacht brokers.
§ 27-403 Continuation of Existing Uses.
[Ord. 1998-5, 7/20/1998, § 4.300]
Any legally established existing use of a building or structure, lot or parcel of land or part thereof, as of the effective date of this chapter may be continued.
§ 27-404 Basis for Land Use Activity in Schedule 27-I.
[Ord. 1998-5, 7/20/1998, § 4.400]
1.
The 1987 Standard Industrial Classification (SIC) Manual is the basis for Schedule 27-I[1] land use activities B through K. Land Use Activity A Residential is based upon local definitions and criteria in view of the fact that the SIC Manual is primarily a nonresidential land use activity classification system.
[1]
Editor's Note: Schedule 27-I is included as an attachment to this chapter.
2.
Non-classified Land Use Activities. Non-classified land use activity shall be referred to the Zoning Hearing Board for classification into the closest SIC Code or residential land use activity available in Schedule 27-I.
§ 27-405 Land Use Activities Subject to National Environmental Policy Act (NEPA) Compliance.
[Ord. 1998-5, 7/20/1998, § 4.500]
Land use activities within each district in this Part and in Schedule 27-I[1] shall be required to comply with NEPA (42 U.S.C. § 4321 et seq.), and the federal regulations (40 CFR, Parts 1500 through 1508) implementing NEPA, when the land use activity is, at some stage, subject to federal approval of a permit, loan, loan guarantee, insurance, contract, grant, subsidy, lease, license, certificate, or other federal action, including other forms of federal funding assistance or federal entitlement for use.
[1]
Editor's Note: Schedule 27-I is included as an attachment to this chapter.
§ 27-406 Property That Extends From Stroud Township Into an Adjacent Municipality.
[Ord. 1998-5, 7/20/1998, § 4.600]
1.
Buffer Requirements. Stroud Township shall require a buffer to be developed and maintained along the Township boundary where a different zoning district exists outside the Township.
§ 27-407 Conditional Use Requirements.
[Ord. 1998-5, 7/20/1998, § 4.700]
1.
Conditional Use Application Procedure. All applicants shall submit three sets of site plans to the Zoning Officer when making application for a zoning permit. The following information shall be included:
A.
A statement regarding the proposed use. All applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] shall apply.
B.
The Zoning Officer shall within 15 days, together with the Zoning Officer's written report containing comments and/or recommendations to the Board of Supervisors and Planning Commission, site plan is submitted in compliance with this section, submit two copies of said plans.
C.
The Planning Commission shall review and submit a recommendation to the Township Supervisors, and the Board of Supervisors shall conduct a public hearing using the procedures set forth in § 27-1109, Subsection 1H, hereof. If the plan has been substantially revised during the hearing process, prior to the final hearing, the Board of Supervisors may refer the application to the Planning Commission for further review and comment. Said review comments shall be received by the Board prior to the close of the final hearing. If disapproved, the reasons for disapproval shall be clearly stated on one copy of the submission and returned to the applicant. The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Township Supervisors is obtained. Approval may be made conditional upon the applicant's adoption of specified changes in the submission.
D.
The absence of action by the Supervisors within the specified time shall constitute approval of the application.
2.
General Standards and Criteria for Review. A conditional use:
A.
Shall not cause substantial injury to the value of other property where it is to be located.
B.
Shall conform with regulations applicable to the district where located or shall conform to the more specific standards listed in Part 5 of this chapter.
C.
Shall be compatible with adjoining development.
E.
Shall provide off-street parking and loading and access in keeping with this chapter so as to minimize interference with traffic on the local streets.
F.
Shall not jeopardize the public health, safety, welfare, and convenience.
G.
Such conditional uses which are authorized by the Supervisors may be subject to any additional conditions and safeguards established by the Supervisors in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes of this chapter. During the review process, the Township Planning Commission and Township Supervisors shall require the applicant for a conditional use to prepare and submit additional information such as a fiscal impact analysis, an environmental assessment, a traffic impact analysis, or any other reports as hereinafter more specifically set forth, for their review and consideration of the application, when the following criteria are met:
(1)
Fiscal Impact Analysis. A fiscal impact analysis, conforming to the requirements of § 27-707, Subsection 4, of this chapter, shall be required when the proposed structure is 100,000 square feet, or greater.
(2)
Environmental Assessment. An environmental assessment, conforming to the requirements of § 27-706, Subsection 4, of this chapter, shall be required when the gross acreage of the site contains 33% or more of wetlands, streams or slopes greater than 15%. Any combination of the above conditions shall be included in the 33% figure.
(3)
Traffic Impact Analysis. A traffic impact analysis, conforming to the requirements of § 27-706, Subsection 3 and 27-706, Subsection 3A, of this chapter, shall be required when the proposed use will generate 1,000 or more ADT, as determined by the latest publication entitled "Trip Generation, an Informational Report" published by the Institute of Transportation Engineers.
§ 27-408 Special Exception Requirements.
[Ord. 1998-5, 7/20/1998, § 4.800]
1.
Special Exception Application Procedure. All applicants shall submit 11 sets of site plans to the Zoning Officer when making application of a zoning permit. The following information shall be included:
A.
A statement regarding the proposed use. The site plan shall at a minimum include all requirements set forth in the Township Subdivision and Land Development Ordinance [Chapter 22].
B.
The Zoning Officer shall, within 15 days determine whether the site plan was submitted in compliance with Subsection 1 and shall submit said plans, together with his written report containing comments and recommendations to the Township Planning Commission and its professional consultants.
C.
The Planning Commission shall review and submit a recommendation to the Zoning Hearing Board. The Zoning Hearing Board shall conduct a public hearing using the procedures set forth in § 27-1109, Subsection 1H. If the plan has been substantially revised during the hearing process, prior to the final hearing, the Board of Supervisors may refer the application to the Planning Commission for further review and comment. Said review comments shall be received by the Board prior to the close of the final hearing.
2.
General Standards and Criteria for Review. A special exception:
A.
Shall not cause substantial injury to the value of other property where it is to be located.
B.
Shall conform with regulations applicable to the district where located or shall conform to the more specific standards listed in Part 5 of this chapter, and shall conform to the intent of the district.
C.
Shall be compatible with adjoining development.
E.
Shall provide off-street parking and loading and access in keeping with this chapter so as to minimize interference with traffic on the local streets.
F.
Shall not jeopardize the public health, safety, welfare, and convenience.
G.
Such special exceptions which are authorized by the Board may be subject to any additional conditions and safeguards established by the Zoning Hearing Board in each case which may be warranted by the character of the areas in which such cases are proposed or by other special factors and which are necessary to implement the purposes of this chapter. During the review process, the Township Planning Commission and Township Zoning Hearing Board shall require the applicant for a special exception to prepare and submit additional information such as a fiscal impact analysis, an environmental assessment, a traffic impact analysis, or any other reports as hereinafter more specifically set forth, for their review and consideration of the application, when the following criteria are met:
(2)
Environmental Assessment. An environmental assessment, conforming to the requirements of § 27-706, Subsection 4, of this chapter, shall be required when the gross acreage of the site contains 33% or more of wetlands, streams or slopes greater than 15%. Any combination of the above conditions shall be included in the 33% figure.
(3)
Traffic Impact Analysis. A traffic impact analysis, conforming to the requirements of § 27-706, Subsection 3 and 27-706, Subsection 3A, of this chapter, shall be required when the proposed use will generate 1,000 or more ADT, as determined by the latest publication entitled "Trip Generation, an Informational Report" published by the Institute of Transportation Engineers.
§ 27-409 General Standards for the C-4 Zoning District.
[Ord. 1998-5, 7/20/1998; as added by Ord. 2009-2, 3/3/2009, § 11]
1.
The following general standards apply to the C-4 Zoning District:
A.
Pedestrian Circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided. Where feasible and appropriate, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides unless otherwise permitted by the Board of Supervisors. The following provisions also apply:
(1)
Residential Sidewalks. Clear and well-lighted sidewalks, 3.5 feet in width, shall connect all dwelling entrances to the adjacent public sidewalk.
(2)
Nonresidential Sidewalks. Clear and well-lit walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of five feet in width.
(3)
Disabled Accessibility. Sidewalks shall comply with applicable requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
(4)
Crosswalks. Intersections of sidewalks with streets and access drives shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with other method approved by the Board of Supervisors.
B.
Residential Development. If a property is developed for residential dwelling units, it shall be developed for a mix of residential dwelling units and nonresidential uses. No more than 50% of the ground coverage of each lot and total floor area of each building shall be devoted to residential uses.
C.
Nonresidential Development. If a development contains less than 5,000 square feet of nonresidential floor area, up to 50% of the nonresidential floor area of each building may be devoted to retail uses. If a development contains 5,000 square feet or more of nonresidential floor area, no more than 20% of the nonresidential floor area of each building may be devoted to retail uses. No individual retail use shall exceed 1,500 square feet in size.
D.
Residential and Nonresidential Development.
(1)
No more than one row of off-street parking spaces shall be located in a front or side yard along a public street in a C-4 development. No more than two rows of off-street parking spaces shall be located in a front or side yard along a private road or driveway in a C-4 development.
(2)
Unless longer building lengths are approved by the Board of Supervisors at their discretion:
(a)
The length of a one-story building, or building height under 15 feet, along a public street shall not exceed seven times its height.
(b)
The length of a two-story building, or building height between 15 feet and 25 feet, along a public street shall not exceed six times its height.
(c)
The length of a three-story building, or building height over 25 feet, along a public street shall not exceed five times its height.
E.
Landscaping, Screening and Buffering. The composition and location of landscaping shall complement the scale of the development and its surroundings. An overall landscaping, screening and buffering scheme shall be prepared by a registered landscape architect and is subject to approval by the Board of Supervisors. Earthen berms may be incorporated into the landscaping scheme. The standards of §§ 27-602 and 27-603 of this chapter are applicable.
F.
Access Management.
(1)
The use of shared access points for adjacent nonresidential uses shall be utilized to better facilitate the flow of traffic by increasing access coordination along road frontages and minimizing confusion caused by an excessive number of access points, unless permission is granted by the Board of Supervisors to use individual access points.
(2)
The following standards shall be met to the satisfaction of the Board of Supervisors for all types of land uses:
(a)
Limit the number of access points along collector and arterial roads.
(b)
Use parallel access roads as entrances to uses and lots that abut collector and arterial roads.
(c)
Coordinate ingress and egress locations for adjacent uses, lots and structures along collector and arterial roads.
(d)
Connect interior access ways, parking areas or loading areas of uses with frontage along collector and arterial roads.
(e)
Only one access shall be permitted for a property. An additional access or accesses may be permitted by the Board of Supervisors if the applicant demonstrates that an additional access or additional accesses are necessary to accommodate traffic to and from the site and it can be achieved in a safe and efficient manner.