Tilden Township City Zoning Code
ARTICLE XVII
General Regulations
§ 500-62 Building height regulations.
[Amended 1-2-2007 by Ord. No. 172]
No building in the Township, other than a farm building, shall exceed 35 feet or two stories in height, measured from the lowest exposed part of the building as determined by the complete perimeter.
§ 500-63 Conversion of building to two-family use.
The Zoning Hearing Board may authorize as a special exception the conversion of any main building into a dwelling for not more than two families, provided that:
A.
The lot area per family shall not be reduced to less than the lot area per family for the district in which such lot is situated;
B.
The yard, building area and other applicable requirements for the district shall not be reduced;
C.
Provisions for adequate water supply and waste disposal shall be made in accordance with the requirements of the Pennsylvania Department of Environmental Protection; and
D.
Such conversion shall be authorized only for a large building which has relatively little economic value or usefulness as a single-family dwelling or other conforming use. If such conversion is authorized, the Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate.
§ 500-64 Nonconforming building or use.
[Amended 7-11-2009, by Ord. No. 195]
A.
Continuation. Any lawful use of a building, land or signs existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
B.
Extension.
(1)
A building which does not conform with the setback, yard or building height regulations of the district in which it is located may be extended, provided that the extension conforms with such setback, yard and building height regulations, and with all other regulations set forth in this section and other applicable sections of this chapter.
(2)
The extension of a nonconforming use of a building or of a lot may be permitted when authorized as a special exception by the Zoning Hearing Board, provided that:
(a)
The area of the nonconforming use shall be increased by not more than 50% of the area occupied by such use at the time it became nonconforming.
(b)
The proposed extension shall take place only upon the lot or lots held in single and separate ownership at the time the use became nonconforming.
(c)
The proposed extension shall conform with the area and building height regulations of the district in which it is located.
(d)
The nonconforming use as extended shall comply with the off-street parking requirements set forth in Article XIX of this chapter.
(e)
The nonconforming use shall comply with the buffer requirements of the district in which the nonconforming use is a permitted use to the extent prescribed by the Zoning Hearing Board.
(f)
Any lot or use that was nonconforming prior to the adoption of this chapter shall not be increased by more than 50% of the area occupied by such use as of the date of this chapter.
(3)
A dwelling which lawfully does not conform with the setback or yard regulations of the district in which it is located may be extended, provided that the extension will not extend farther into the front yard, side yard or rear yard than the existing nonconforming dwelling and the proposed use or function of the extension is substantially identical with the use or function of the nonconforming portion of the dwelling.
C.
Changes.
(1)
When authorized by the Zoning Hearing Board as a special exception, a nonconforming use of a building or land may be changed to another nonconforming use, provided that:
(a)
The new nonconforming use shall be a permitted use in the zoning district in which the original nonconforming use is listed as a permitted use.
(b)
In the event that the original nonconforming use is listed as a permitted use in more than one zoning district, the new nonconforming use shall be one that is permitted in the most restrictive of such zoning districts. For the purposes of this section, the order of classification of districts from the more restrictive to the less restrictive shall be as follows:
OS | Open Space Districts |
A | Agricultural Districts |
R-1 | Rural Residential Districts |
R-2 | Residential Districts |
R-3 | Residential Districts |
R-4 | Multifamily Residential Districts |
C-1 | Neighborhood Commercial Districts |
C-2 | Highway Commercial Districts |
L-3 | Educational Industrial Districts |
L-1 | Limited Industrial Districts |
L-2 | Industrial Districts |
(2)
Any change in use of a nonconforming use of a building or land which is not listed as a permitted use in any zoning district, shall be made only to a permitted use for the district in which it is located.
(3)
Whenever a nonconforming use of a building or land has changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
D.
Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. The constructed building shall not exceed in height, area and volume the building partially destroyed or condemned.
E.
Abandonment. If nonconforming use of a building or land ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
§ 500-65 Nonconforming lots.
A.
Lots held in single and separate ownership. A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided plans for the proposed work shall be approved by the Zoning Hearing Board by special exception. Condition for approval of such special exception shall include assurance of compliance otherwise with use regulations, height regulations, building area regulations, other applicable zoning restrictions, proof that deviations from front yard, side yard and rear yard requirements will be limited to the extent feasible, that such nonconformance will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. Otherwise, any such special exception will be considered and determined in accordance with § 500-167 of this chapter.
B.
Lots included in approved plans. Buildings may be erected on lots which are not held in single and separate ownership at the effective date of this chapter and which are not of the required minimum area or width, or on which the required open spaces cannot easily be provided, if such lots are included in a recorded subdivision plan or in the process of building development at the effective date of this chapter by and approved prior to the effective date of this chapter by the Board of Township Supervisors or the County Planning Commission, provided that the exception from the minimum area regulation shall expire five years from the effective date of this chapter, unless extended prior to the expiration date by a resolution of the Board of Supervisors for additional terms of one year upon application by the owner.
§ 500-66 Reduction of lot.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 500-67 Vision obstruction.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no tree, hedge, shrub or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view. A clear-sight triangle of 25 feet, measured along the street lines of intersecting streets, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
§ 500-68 Street obstruction.
The erection of fences, walls, shrubs, trees or signs; other than official traffic or street name signs; and any other obstructions shall be prohibited within the right-of-way of any street.
§ 500-69 Exemption from front yard requirements.
The front yards of proposed buildings in R-1, R-2 and R-3 Districts may be decreased in depth below the minimum setbacks in certain instances in accordance with the following requirements. Where the principal buildings on both sides and within 60 feet of the proposed building are less than the setback requirements, the setback line of the proposed building may be reduced below that required, but shall be at least 10 feet further back from the street line than the setback of the nonconforming building nearest to the street.
§ 500-70 Buffer yards.
[Amended 11-6-2004 by Ord. No. 152; amended in its entirety 4-10-2014 by Ord. No. 216-2014]
Where buffer yards are required by the terms of this chapter, they shall be provided in accordance with the following standards:
A.
No structure, manufacturing or processing activity, sewage system, or storage of materials shall be permitted in the buffer yard. However, parking of motor vehicles may be permitted in the portion of the buffer yard exclusive of the exterior 50 feet width.
B.
All buffer yards shall be maintained and kept clean of all debris and rubbish and shall include a six-foot fence and a six-foot berm with a dense screen of evergreen trees or shrubs with a minimum height of six feet, the full length of the lot to serve as a barrier to visibility, air borne particles, glare and noise. Such fence, berm and screen planting shall be located within the exterior 50 feet of the buffer yard. Buffer yards shall be planted with an all season ground cover and shall be in accordance with the following requirements:
(1)
Plant materials used in the screen planting shall be such species and sizes that will produce, within three years, a year-round visual screen of at least seven feet in height.
(2)
A fence, berm and screening when erected as a screen, shall be not less than 12 feet in height and shall be placed no closer than three feet from any street or property line. The berm shall have a slope of not greater than 2:1 and shall be permanently stabilized.
(3)
The screen planting shall be maintained permanently, and any plant material that does not live shall be replaced within one year.
(4)
The screen planting shall be so placed that, at maturity, it will be no closer than three feet from any street or property line. All plantings shall be placed on the residential side of the fence.
(5)
The screen planting fence and berm shall be broken only at points of vehicular or pedestrian access. Screens may be interrupted where necessary for pedestrian path crossings, to avoid obstructing safe sight distances, to allow for stormwater swale crossings, and to avoid wetland intrusions. If such intrusions occur, the screen shall be arranged to maintain a visual barrier as if not interrupted.
(6)
A clear-sight triangle shall be maintained at all street intersections and at all points where commercial or industrial accessways intersect public streets. Such triangles shall be established by measuring 75 feet from the point of intersections of center lines, except for any intersections with arterial streets, in which case the triangles are established by measuring 150 feet.
(7)
Prior to the issuance of any zoning permit, the Board of Supervisors shall approve complete plans that show the arrangement of all buffer yards and the placement, species, and size of all plant materials to be placed within such buffer yards. The Board of Supervisors shall certify to the Zoning Officer that the plans are in conformance with the terms of this chapter. This section shall be satisfied if the buffer yard, species and location of plant materials are shown on the landscaping plan approved with the land development or subdivision plan.
(8)
No outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located as to be visible from an adjacent residential district or a residential use.
(9)
Only the front of any proposed building shall be visible from an adjacent residential district or a residential district. The Zoning Officer shall determine which side of any building shall be considered the front.
(10)
The fence shall be maintenance free and be constructed to prevent trash and debris from leaving the property. The fence shall be located on the interior side of the buffer.
§ 500-71 Wastes and sewage disposal.
All methods and plans for the on-lot disposal of sewage or wastes shall be submitted to the Township Sewage Disposal Officer and shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from the Pennsylvania Department of Environmental Protection shall be a prerequisite to the issuance of a zoning permit.[1]
[1]
Editor's Note: Former Section 1611, Procedure for issuance of permits under R-4 (multifamily and mobile home development), which immediately followed this section, was repealed 7-11-2009 by Ord. No. 195.
§ 500-72 Environmental performance standards.
[Amended 11-6-2004 by Ord. No. 152]
All uses in all districts shall be in conformity with the following standards.
A.
No land, building, structure, or premises shall be used, altered, or occupied in such a manner as to create any dangerous, injurious, noxious, or otherwise objectionable conditions.
B.
The emission of smoke, dust, fumes, gases, odors, mists, vapors, pollens, and similar matter, or any combination thereof, which can cause any damage to human or animal health, to vegetation or to property, or which can cause any soiling or staining of persons or property at the point beyond the lot line of the use creating the emission is prohibited.
C.
Standards concerning such emissions shall be in accord with the rules and regulations of the Commonwealth of Pennsylvania or any applicable Township ordinance whichever is more restrictive.
D.
Any operation producing glare and/or heat shall be performed within an enclosed building or in such a manner as not to be visible or to produce any effect beyond the property line of the lot on which the operation is located.
E.
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of construction activity.
F.
Every use requiring power shall be so operated that the service lines, substation, or other facilities shall conform to the highest safety requirements. Such use shall be so constructed and installed as to be an integral part of the architectural features of the plant and, except for essential poles and wires, shall not extend into any yard, and shall be suitably screened from streets or any adjacent property which would be deleteriously affected by such use.
G.
The following shall apply to the storage of materials and the disposal of materials:
(1)
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground except tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.
(2)
All outdoor storage facilities for fuel, raw materials, and products and all fuel, raw materials, and products stored outdoors shall be enclosed by an approved safety fence.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
(5)
All trash and rubbish shall be stored in vermin-proof containers with tight-fitting lids. Where storage areas for trash and rubbish are required, they shall be completely screened. All garbage and similar organic rubbish shall be stored within airtight, vermin-proof containers until such waste material is collected.
§ 500-73 Standards for home occupations in residential districts.
A.
The area devoted to a permitted home occupation shall be located either within the operators dwelling or a building accessory hereto.
B.
The floor area devoted to such home occupation or studio shall be equivalent to not more than 25% of the floor area covered by the operators dwelling, excluding the ground area covered by an attached garage or such other similar building.
C.
Persons engaged in such use shall be limited to the members of the household of the operator plus one additional person.
D.
No goods shall be publicly displayed.
E.
No external alterations shall be made which involve construction features not customary in dwellings.
§ 500-74 Standards for accessory professional office use in residential districts.
A.
The area devoted to a permitted professional office use shall be located within either the practitioners dwelling or a building accessory thereto.
B.
The floor area devoted to such professional use shall be equivalent to not more than 50% of the ground area covered by an attached garage or such other similar building.
C.
Not more than two employees, assistants or associates, at any time, in addition to the resident practitioner, shall be employed on the premises.
E.
No external alterations shall be made which involve construction features not customary in dwellings.
§ 500-75 Swimming pool standards.
[Amended 7-11-2009 by Ord. No. 195]
A.
No private swimming pool, including filters and other mechanical equipment, shall be allowed within the front yard. Pool, filters and equipment shall not be located within 20 feet of the side property lines.
B.
A dense planting of trees and shrubs shall be established and maintained between the pool and all property lines to protect the adjoining properties from noise arising from mechanical equipment and activities in and around the pool. This requirement is not applicable in the R-1 and R-2 Zoning Districts.
C.
Any floodlights used in conjunction with the pool shall be shielded in such a manner to prevent glare on adjoining properties.
§ 500-76 Standards for industrial parks.
[Amended 10-9-2002 by Ord. No. 143; 11-6-2004 by Ord. No. 152; 1-2-2007 by Ord. No. 172]
A.
Permitted uses.
(1)
Commercial/industrial park developments shall consist of harmonious land uses and related services.
(2)
Permitted uses shall include offices, laboratories and research, light manufacturing, printing and publishing, warehouse, wholesale and distribution, and accessory uses associated with commercial/industrial parks.
(3)
Retail business and service establishments are permitted, provided they are designed and intended primarily to serve the employees within the park. These uses shall not exceed 5% of the gross floor area of the park.
B.
Commercial/industrial park master plan.
(1)
All commercial/industrial park developments shall take place in accordance with a master plan, to be submitted by the developer at the time of filing the preliminary subdivision or land development application with the Township.
(3)
The master plan shall provide verification that it is in compliance with the performance standards in this chapter.
C.
Site requirements.
(1)
Each commercial/industrial park shall have an area of not less than 10 acres. Individual lots within the park limits shall be not less than 1.5 acres.
(2)
The site shall have a minimum continuous street frontage of 250 feet. The required minimum frontage shall be along an arterial or collector street.
D.
Design requirements.
(1)
Principal and accessory buildings shall occupy not more than 40% of the lot area.
(2)
The maximum impervious surface shall be 60% of the lot area.
(3)
The minimum setback from a street right-of-way line shall be 80 feet.
(4)
No building or structure shall be located within 40 feet of any exterior property line of the site.
(5)
The maximum building height shall be 35 feet.
E.
Access.
(1)
A common interior driveway shall be used for access to the individual lots. Direct access to the individual lots from an existing public road is prohibited.
(2)
Buildings shall be set back from the nearest cartway edge of the interior driveway at least 25 feet.
(3)
All interior driveways shall have curbs and shall have a minimum paved width of 34 feet.
(4)
The interior driveway shall be constructed with a base of six inches of Type 2A aggregate for the full width of roadway, six inches of a bituminous base course, and 1 1/2 inches of a bituminous wearing course, ID-2. All materials and workmanship shall be in accordance with the latest specifications of the PA Department of Transportation.
F.
Signs. Signs shall be allowed and shall be erected in accordance with Article XX of this chapter.
G.
Off-street parking.
(1)
The design of off-street parking and loading areas shall meet the requirements of Article XIX of this chapter as it pertains to commercial and industrial uses. The number of spaces provided shall be calculated for each individual use within the park.
(2)
All off-street parking and loading areas and outside storage areas shall be located to the rear or side of buildings.
(3)
Parking on an interior driveway or along any public street adjacent to a commercial/industrial park is prohibited.
(4)
Curbing shall be provided within all off-street parking and loading areas of a commercial/industrial park.
H.
Sidewalks. Sidewalks shall be provided along interior drives, along the perimeter of off-street parking areas, and within the park as pedestrian connections between uses.
I.
Buffer yards. The requirements of § 500-70 shall pertain to the exterior boundaries of a commercial/industrial park.
J.
Sewage. All lots within the limits of a commercial/industrial park shall be served by a central sewage treatment facility meeting the current regulations of the PA Department of Environmental Protection.
K.
Water. All lots within the limits of a commercial/industrial park shall be served by a central water system meeting the current regulations of the PA Department of Environmental Protection. The water distribution system shall provide for fire hydrants and adequate water pressure for fire protection purposes, in accordance with the applicable national and state standards.
L.
Lighting. All lighting for buildings, signs, accessways, and parking areas shall be arranged so that they do not reflect upwards or towards any public street or adjacent uses.
M.
Solid waste. All trash and rubbish shall be stored in vermin-proof containers with tight-fitting lids. Where storage areas for trash and rubbish are required, they shall be provided with a complete visual screen. No such storage area shall be located within 30 feet of any lot line. All garbage and similar organic rubbish shall be stored within airtight, leak-proof, and vermin-proof containers until such waste material is collected. No such waste material shall remain on-site for more than 48 hours.
§ 500-77 Regulations pertaining to private antennas (except telecommunication antennas).
[Added 10-9-2003 by Ord. No. 143]
A.
Antenna height. The antenna height shall not exceed 80 feet above ground level, unless approved by special exception granted by the Zoning Hearing Board, in which case the antenna height shall not exceed 150 feet above ground level. Among other things, when considering the special exception, the Zoning Hearing Board shall ensure that any antenna exceeding 80 feet height above ground level will be constructed to ensure its ability to sustain winds of up to 80 mph and gusts up to 125 mph and so that the antenna will not pose a threat to the health and safety of persons and will not pose a danger to neighboring properties.
B.
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 on a building), the minimum distances between the base of the support structure or any guy-wire anchors and any property line or right-of-way line shall be the largest of the following:
§ 500-78 Conduct of agricultural activities.
[Added 10-9-2002, by Ord. No. 143]
Agricultural activities are permitted by right to be conducted within the R-1, R-2, R-3, L-1, L-2, L-3, OS, A and A-2 Zoning Districts within the Township and may be conducted even though those activities may create an annoyance or inconvenience to neighboring residential use due to sights, sounds, smells or other conditions resulting from the agricultural activities, provided that the agricultural activities are conducted in accordance with any and all of the requirements of the Township and the state and are not conducted in a manner which creates a definite danger to the health or safety of neighboring property owners.
§ 500-79 General agricultural standards for A, R-1, R-2, R-3, L-1, L-2, L-3 and OS Zoning Districts.
[Added 10-9-2002 by Ord. No. 143]
A.
It is the intent of these requirements that agricultural activities in the A, R-1, R-2, R-3, L-1, L-2, L-3 and OS Zoning Districts be regulated for the purpose of protecting the public health, safety and welfare.
B.
Unless otherwise stipulated within this chapter, general agricultural activities/uses as described below are permitted by right in the A, R-1, R-2, R-3, L-1, L-2, L-3 and OS Zoning Districts. Intensive agricultural activities are allowed only within the A-2 Intensive Agriculture District.
C.
Processing of farm products for sale, where such use is accessory to the raising or growing of such products and is located on the property on which the products are grown or raised is permitted by right.
D.
Signs displaying information for the sale of farm products are permitted, subject to Article XX of this chapter.
E.
Certain small domestic animal operations are permitted by right, provided the following conditions are met (for purposes of this subsection, small domestic animals shall include animals such as rabbits, guinea pigs and chinchilla; and fowl such as chickens, turkeys, geese, ducks and pigeons):
(1)
The area within which small domestic animals are kept shall be enclosed by a fence designed for containment.
(2)
Such fence shall be at least 10 feet from any lot line and not closer than 50 feet to the nearest dwelling other than that of the owner.
(3)
The area within which small domestic animals are maintained shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.
(4)
The owner of the small domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
F.
Certain large domestic animal operations are permitted provided the following conditions are met. For purposes of this subsection, large domestic animals shall include animals of the bovine, equine, swine and sheep families.
(1)
The area within which large domestic animals are kept shall be enclosed by a fence designed for containment.
(2)
No building, corral, fence or stable shall be closer than 100 feet to the nearest dwelling other than that of the owner.
(3)
The area within which large domestic animals are maintained shall be kept in a suitable grass cover of at least two acres in area and shall not be allowed to degrade to an erodible condition.
(4)
The owner of the large domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
G.
Large and small domestic animal operations are permitted in accordance with the following table:
No. of Acres | Animal Units Per Acre (1 Animal Unit = 1,000 lbs) |
|---|---|
More than 1 but less than 10 | 0.5 (500 lbs/acre) |
10 but less than 25 | 1.0 (1,000 lbs/acre) |
25 but less than 100 | 1.5 (1,500 lbs/acre) |
More than 100 | 2.0 (2,000 lbs/acre) |
H.
Any combination of large and/or small domestic operations except as noted below are permitted, but in no instance shall any combination exceed the animal units/acre in the chart in Subsection G above. The standard weight for each type animal and the method of calculating animal units shall be in accordance with 25 Pa. Code Subchapter 83.262 as most recently amended, or such other statutory or regulatory provisions issued by the Commonwealth of Pennsylvania from time to time.
The animal units/acre are permitted if all other criteria of this section are met. |
I.
Any concentration of swine equal to or greater than 1,000 lbs/acre shall be considered an intensive agricultural use and is not permitted in the A, R-1, R-2, R-3, L-1, L-2, L-3, and OS Zoning Districts.
J.
All large and small domestic animal operations are subject to Article XVI, Floodplain Controls; all other sections of this chapter as applicable; any and all ordinances adopted by the Township; and all county, state and federal regulations as they apply to these operations.
K.
All areas utilized for grazing purposes shall be completely fenced in.
L.
No slaughter area, spent mushroom compost storage area, manure storage area, or structure designed or designated for the raising of pigs shall be established closer than 100 feet to any lot line.
M.
Any building erected for agricultural uses in the A, R-1, R-2, R-2, L-1, L-2, L-3 and OS Zoning Districts must meet all the setback requirements of the respective zoning districts as well as any other setback requirement set forth in this chapter.