Upper Milford Township
City Zoning Code
City Zoning Code
GENERAL REGULATIONS
§ 155.090 FRONTAGE ONTO IMPROVED STREETS; NUMBER OF USES OR BUILDINGS; MINIMUM SIZE OF DWELLINGS.
(A) Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of the township subdivision and land development ordinance. In the case of townhouses, manufactured/mobile home park or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting township standards.
(B) Number of principal uses and principal buildings per lot.
(1) A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(a) For example, if use one requires a one acre lot area and use two on the same lot requires a two acre lot area, then the lot shall have a minimum lot area of two acres.
(b) The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.
(c) The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.
(2) A lot within a residential or R-A District shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(a) A manufactured/mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met.
(b) A lot may include a dwelling unit and one allowed nonresidential use, such as a Christmas tree farm.
(c) A condominium form of ownership of individual dwelling units, with a legally binding homeowners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law. Each principal condominium building shall be laid out so that each building would be able to meet the dimensional requirements of this chapter as if the building was on its own fee simple lot.
(3) An applicant may prove to the Zoning Hearing Board that a use listed as a principal use in this chapter is actually functioning as an accessory use.
(4) If differing dimensional requirements apply for different uses on the lot, then the most restrictive provision shall apply.
(C) Minimum size of dwellings. Each dwelling unit shall include a minimum of 500 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level.
(D) Maximum occupancy. No recreational vehicle shall be occupied on a lot for more than 30 days in a calendar year, except as may be approved within a campground with suitable central water and sewage service. No mobile/manufactured home shall be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling.
(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013)
§ 155.091 HEIGHT EXCEPTIONS.
(A) The maximum structure height specified for each district shall not apply to: antenna that meet the requirements of this chapter; water towers, clock or bell towers; steeples and religious symbols attached to places of worship; electrical transmission lines; elevator shafts; wind turbines (provided they meet § 155.074); skylights; agricultural silos and related equipment; solar energy collectors and mounting devices; chimneys; heating/ventilation/air conditional equipment; industrial mechanical equipment areas that are not occupied by humans; or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
(C) However, structures approved to exceed the height requirement shall not restrict solar access to active solar collection panels on another lot.
(Ord. 126, passed 3-18-2010)
§ 155.092 SPECIAL LOT AND YARD REQUIREMENTS, SIGHT DISTANCE AND BUFFER YARDS.
(A) In general.
(1) No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to: setback areas; non-impervious areas; and off-street parking areas.
(2) Emergency access: all uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot, or where applicable by the property owners association.
(B) Exceptions to minimum lot areas, lot widths and yards.
(1) Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of “lot, corner” in § 155.051.
(2) Projections into required yards.
(a) Cornices, footers, eaves, roof overhangs, sills or other similar architectural features, exterior stairways, unenclosed fire escapes or other required means of egress, rain leads, chimneys, “Bilco”-type doors for basement access, window awnings, chaise for heating;
(b) Pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement;
(c) Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area; and
(d) For decks and porches, see § 155.069.
(3) Lot widths around curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 300 feet, the minimum lot width at the minimum building setback line may be reduced to 40% of the width that would otherwise be required.
(C) Sight clearance at intersections.
(1) At the intersection of two streets, and at the intersection of a commercial driveway and a street, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of two feet and ten feet above the ground level, except for utility posts, mailboxes, single sign posts and the trunks of canopy trees. The triangle shall be measured along the street centerlines, and a third diagonal leg connecting the two legs to form a triangle. Two legs that are each 150 feet long shall extend from the intersection of street centerlines if either street is an arterial street. Two legs that are each 100 feet long shall extend from the intersection of the street centerlines if either street is a collector street and no arterial streets are involved. The two legs shall be 75 feet from the intersection of the street centerlines if both streets are local streets.
(a) However, in place of the above sight triangle, where a local street intersects an arterial or collector street with a stop sign only at the local street, the leg of the triangle along the arterial or collector street shall be increased to 300 feet and the leg along the local street shall be decreased to 15 feet beyond the travel lane of the arterial or collector street.
(b) The clear sight triangle shall be kept free of such obstructions in perpetuity.
(2) Clear sight triangle at driveway intersections.
(a) A triangular clear sight triangle as described in division (C)(1) above shall be provided where a driveway or accessway enters onto a street.
(b) Such triangle shall be 30 feet long along the centerline of the street and along the centerline of the accessway or driveway, with a third diagonal longer leg connecting the two legs together.
(D) Buffer yards. Buffer yards including plant screening complying with the following standards shall be required under the following situations, unless a more restrictive provision is established by another section of this chapter.
(1) A minimum 20 foot wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot used principally for principal nonresidential purposes that is contiguous to a lot line of a residentially zoned lot occupied by an existing principal dwelling.
(a) If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by two or more tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard width along such manufacturing area and/or loading dock shall be increased to 40 feet, and the minimum initial height of plantings shall be increased to six feet.
(b) If a dwelling will be on the same lot as a principal business use, then a buffer yard shall not be required by this section.
(c) A 20-foot minimum buffer yard with landscaped screening shall be required where a subdivision or land development of new dwellings will have rear yards abutting a public street.
(d) A buffer yard is also required to be provided by the following if they are abutting and visible from a public street:
1. Along lot lines and street rights-of-way of any newly developed or expanded outdoor industrial storage or loading area; or
2. Along lot lines and street rights-of-way of any newly developed or expanded area routinely used for the overnight parking of two or more tractor-trailer trucks or trailers of tractor-trailers.
(2) A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the township may allow deciduous canopy trees.
(3) The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
(4) Fence: the township may require the installation of a mostly solid decorative fence in addition to the plantings. Any wall or fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening. If a fence in a buffer yard has one side that is more finished or smoother than the other side, the more finished or smoother side shall face the outside of the buffer yard.
(5) Each planting screen shall meet the following requirements.
(a) Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.
(b) Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within two years a mostly solid year-round visual screen at least six feet in height.
(c) The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
(d) The plant visual screen shall extend the full length of the lot line, except for:
1. Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot;
2. Locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back; and
3. Locations needed to meet other specific state, township and utility requirements, such as stormwater swales.
(e) American Arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species is discouraged. A more naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
(f) Evergreen trees should be planted at diagonal off-sets so that there is room for future growth of the trees.
(g) The plant screening shall primarily use evergreen trees.
(h) The Zoning Officer may also modify the buffer yard requirements if necessary for fire safety reasons. The Zoning Hearing Board may by special exception reduce the width of the buffer yard if the required width is not feasible.
(6) Buffer yard plans: prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
(a) The location and arrangement of each buffer yard;
(b) The placement, general selection of species and initial size of all plant materials; and
(c) The placement, size, materials and type of all fences to be placed in such buffer yard.
(Ord. 126, passed 3-18-2010)
§ 155.093 LANDSCAPING.
(A) Generally.
(1) Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative groundcover, and shall be landscaped with trees and shrubs.
(2) Landscaped areas shall be kept free of debris, rubbish and noxious weeds.
(C) Street trees. As part of the creation of a new nonresidential lot or the construction of a new principal nonresidential building, or development of parking area for six or more parking spaces, deciduous shade street trees shall be planted between such lot lines, building and/or parking area and any adjacent public street(s). This requirement shall not apply along street segments where existing healthy trees will be preserved and protected during construction that will serve the same purpose.
(1) Number. A minimum average of one such tree shall be planted for each 50 feet of length of street right-of-way around the lot.
(2) Location. Such trees may be placed immediately outside of the street right-of-way, or an alternative location acceptable to the township.
(3) Sidewalks and utilities. Such street trees shall be planted in a manner approved by the township to avoid conflicts with sidewalks and utilities.
(4) Buffer. Where shade trees may be required under the buffer yard provisions, the same tree may be used to count towards both requirements.
(5) Street trees. The street trees shall meet the requirements of division (D) below.
(6) Agricultural lot. This requirement for street trees shall not apply for an agricultural lot.
(D) Parking lot landscaping.
(1) A minimum of one deciduous tree shall be required for every 15 new off-street parking spaces.
(2) If a lot will include 30 or more new parking spaces, landscaped islands shall be provided within auto parking areas. Otherwise, the trees may be planted around the parking area.
(3) Deciduous trees required by this section shall meet the following standards:
(a) Type of trees permitted.
1. Required trees shall be chosen from the following list of approved street trees, unless the applicant proves to the satisfaction of the township that another type of tree would shade paved areas, be resistant to disease, road salt and air pollution and be attractive.
Types of Deciduous Trees Permitted to Meet Chapter Requirements
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Types of Deciduous Trees Permitted to Meet Chapter Requirements
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Acer rubrum - Red Maple |
Acer saccharum - Sugar Maple |
Carpinus betulus - European Hornbeam |
Celtis occidentalis - Common Hackberry |
Fagus sylvatica - European Beech |
Fraxinus americana - White Ash |
Fraxinus pennsylvania - Green Ash |
Ginko biloba fastigiata - Maiden Hair Tree (male only; female has noxious odor) |
Gleditsia triacanthos - Thornless Locust |
Liriodendron tulipifera - Tulip Poplar |
Ostrya virginiana - Hop Hornbeam |
Quercus - All species of oaks |
Sophora japonica - Scholar Tree/Pagoda Tree |
Tilia americana - American Linden |
Tilia cordata - Little Leaf Linden |
Tilia euchlora - Crimean Linden |
Tilia petiolaris - Silver Linden |
Ulmus hybrids - Homestead or Sapporo Autumn Gold |
Ulmus parviflora - Chinese or Lacebark Elm, not including Siberian Elm |
Zelkova serrata - Zelkova |
2. Note: this chapter only regulates the species of trees that are used to meet requirements of the township. The species of trees that are not required by township ordinances are not regulated.
(b) Quality of trees. Required trees shall be of symmetrical growth and free of insect pests and disease.
(c) Minimum size. The trunk diameter (measured at a height of six inches above the finished grade level) shall be a minimum of two inches or greater.
(d) Planting and maintenance. Required trees shall be:
1. Planted in conformance with good landscaping practices, with adequate unpaved surface around each for water and air; and
2. Properly protected by curbs, curb stops, distance or other devices from damage
from vehicles.
(E) Green area around trees. A minimum vegetative area shall be provided that includes at least a three foot minimum radius around all sides of the trunk of each required deciduous tree that is within or adjacent to a parking lot. Where a tree is required to be planted abutting a street, a minimum vegetative area shall be provided that is not less than three feet wide and three feet long surrounding the tree. In each case, a minimum land area of 12 square feet of vegetative area shall be provided around each required tree.
(F) Review and approval. Where landscaping is required by this chapter, the applicant shall submit a landscaping plan, in addition to a site plan, showing proposed initial sizes, locations and species of plantings.
(G) Landscape maintenance. All shade tree, buffer yard and other landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet a requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
(H) Stormwater basin landscaping. The following requirements shall apply to landscaping within and around stormwater management basins covering more than 20,000 square feet in land area.
(1) All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures or other earth structures, shall be planted with suitable vegetation, such as meadow plantings or grasses specifically suited for stormwater basins.
(2) Trees and shrubs shall be planted around stormwater basins that cover more than 5,000 square feet of land and that are not designed to resemble natural ponds. However, trees and shrubs shall not be planted in locations that would interfere with the function of the basin. A minimum average of two trees and ten shrubs shall be required to be planted around the basin for every 100 linear feet of basin perimeter. Trees shall have an initial trunk diameter of two inches, measured six inches above the ground. Shrubs shall have an initial height of four feet.
(3) Natural ground cover plant species shall be planted in the floors and slopes of the basin. These ground covers may include wildflowers, meadows or non-aggressive grasses. Species shall be chosen that are suitable for the expected wetness of various portions of the basin. The plantings shall provide a continuous cover over all earth areas of the basin. The plantings shall not interfere with the proper functioning of the basin, in the determination of the Township Engineer.
(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013)
§ 155.094 FUTURE RIGHT-OF-WAY WIDTHS FOR ROADS.
(A) Purposes. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in division (C) below for the particular class of road.
(B) Measurement.
(1) The future right-of-way shall be measured from the centerline of the existing road.
(2) All front yards and other appropriate yards shall be measured from the future right-of-way line.
(3) See the classification of each road/street in Appendix A.
(C) Minimum widths. Minimum future right-of-way are as follows:
Street Classification | Minimum Future Right-Of-Way |
Arterial highway | 80 ft. |
Collector street | 60 ft. |
Local street | 50 ft. |
Private street | 50 ft. |
Greater width may be required in accordance with use intended, such as if right-turn and left-turn lanes are needed | |
(D) Dedication.
(1) Land within a future right-of-way shall be kept free of buildings, parking, storage and other uses that could obstruct the use of the right-of-way for future road improvements, utilities, pedestrian/bicycle improvements and/or stormwater improvements. PennDOT may require a dedication of part or all of the future right-of-way width along a state road.
(2) Land within a future right-of-way may be requested by the township to be dedicated to the township or to be reserved for future dedication when a need may arise.
(Ord. 126, passed 3-18-2010)
§ 155.095 FRONTAGE DEVELOPMENT ALONG ARTERIAL AND COLLECTOR STREETS.
In order to encourage the sound development of frontage along arterial and collector streets (see Appendix A) and to minimize traffic congestion and hazard, the following special provisions shall apply.
(A) Off-street parking and loading. All areas for off-street parking, off-street loading and unloading, and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall or other suitable barrier against accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent back-up of vehicles on a public street while awaiting entry to the lot.
(B) Access. Each use with less than 100 feet of frontage on an arterial or collector street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on an arterial or collector street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway in order to avoid direct access to an arterial or collector street.
(C) Planned developments. In the case of a planned development, shopping center, office complex, group of multiple family dwellings, or similar grouping of principal buildings on a lot, and in any other case where practicable:
(1) Each principal building shall front upon a marginal access street, service road, common parking lot or similar area and not directly upon a public street;
(2) Each point of vehicular access to and from a public street shall be located at least 200 feet from the intersection of any public street right-of-way lines, provided that such point of vehicular access which converts a “T” intersection into an intersection of two streets which cross one another shall be permitted;
(3) Provisions shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the township;
(4) All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of the township subdivision and land development ordinance. Provisions shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where deemed necessary by the Township Engineer; and
(5) All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the township.
(D) Reverse frontage encouraged. Direct vehicular access from individual lots abutting arterial or collector streets shall be strongly discouraged and reverse frontage shall be encouraged.
(Ord. 126, passed 3-18-2010)
§ 155.096 NONCONFORMITIES.
(A) Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
(B) Continuation of nonconformities.
(1) A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners.
(2) Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
(3) If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.
(C) Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under division (D) below.
(1) Nonconforming structure.
(a) The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded provided:
1. Such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; or
2. Any expanded area will comply with the applicable setbacks in that District and other requirements of this chapter, except as may be allowed under division (C)(1)(c) below.
(b) In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c) As a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in a side or rear setback for an existing dwelling if the applicant proves such setback is necessary to allow a customary addition to such dwelling or a replacement of an existing undersized dwelling with a new dwelling. This division (C)(1)(c) shall not allow a reduction in setback to increase the number of dwelling units on the lot.
(2) Nonconforming lots.
(a) Permitted construction on a nonconforming lot. A single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:
1. The lot must be a lawful nonconforming lot of record;
2. Minimum setback requirements shall be met;
3. State and federal wetland regulations shall be met; and
4. If a septic or well is used, the requirements for such shall be met.
(b) Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(3) Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions.
(b) Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c) 1. The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.
2. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d) Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4) Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use provided that:
(a) The number of dwelling units or rooming house units are not increased;
(b) The expansion meets all applicable setbacks;
(c) No new types of nonconformities are created; and
(d) A nonconformity is not made more severe.
(5) Nonconforming sign. The provisions of this chapter shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
(D) Damaged or destroyed nonconformities.
(1) A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if:
(a) The application for a building permit is submitted within 18 months after the date of damage or destruction;
(b) Work begins in earnest within 12 months afterward the building permit is issued and continues; and
(c) No nonconformity may be newly created or increased by any reconstruction.
(2) The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
(E) Abandonment of a nonconformity.
(1) If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the damaged or destroyed nonconformities provisions of this section in division (D) above.
(2) The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.
(3) An existing lawful separate dwelling unit may be unrented for any period of time without being considered “abandoned” under this chapter.
(F) Changes from one nonconforming use to another.
(1) Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2) A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3) Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the pre-existing nonconforming use with regard to:
(a) Traffic safety and generation (especially truck traffic);
(b) Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances and explosive hazards;
(c) Amount and character of outdoor storage;
(d) Hours of operation if the use would be close to dwellings; and
(e) Compatibility with the character of the surrounding area.
(4) A nonconforming use shall not be changed to a nonconforming adult use.
(G) District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
(Ord. 126, passed 3-18-2010)
§ 155.097 SITE DESIGN GUIDELINES.
The following advisory guidelines are intended to assist the applicant in the preparation of site and building plans and to assist the township in reviews.
(A) Relation of proposed buildings to the surrounding environment. Relate proposed structure(s) harmoniously to the terrain. Seek compatibility and logical transitions between existing and proposed uses, create focal points with respect to avenues of approach, and relate open space between all existing and proposed buildings.
(B) Drive, parking and circulation. For vehicular and pedestrian circulation (including walkways, interior drives, and parking) give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, stacking capacity at drive-through facilities, separation of main pedestrian crossings from the more heavily traveled vehicular routes.
(C) Surface water drainage. Comply with the township stormwater management regulations to minimize flooding on other properties. Consider methods to allow stormwater to infiltrate into the ground, as opposed to running off the ground. Separate possible contaminates from stormwater runoff routes. Make sure that vehicle routes can properly function during heavy rains.
(D) Utility service. Place cable, electric service and telephone lines underground, wherever possible. Locate above-ground utility structures to minimize their visibility and use earth-tone colors and landscaping around them when feasible.
(E) Signs. Avoid excessively bright or garish signage and avoid use of day glow colors. Minimize the height of signs and add landscaping around the base of larger signs.
(F) Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
(G) Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure the grade changes are compatible with the general appearance of the neighboring developed areas. Strive to protect the serenity of the surroundings and restore the trees and soil to their condition before development.
(H) Solar energy use. Consider the desirability and feasibility of active and passive solar energy use. Orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.
(Ord. 126, passed 3-18-2010)
§ 155.098 DUMPSTER SCREENING AND LOCATION.
(A) Site plans submitted to the township shall show the proposed location of any garbage dumpsters. The township may require that such proposed location be modified to provide compatibility with adjacent uses.
(B) Garbage dumpsters shall be surrounded on at least three of four sides by a solid fencing, wall or landscaping if the dumpster would be visible from a street or a residential lot. This section is not intended to regulate temporary dumpsters for construction or renovation debris.
(Ord. 126, passed 3-18-2010)
§ 155.099 TWO DWELLINGS ON A LOT.
The township may approve two single-family detached dwellings if one of the following sets of conditions are met.
(A) Two single-family detached dwellings may be allowed on the lot if both buildings existed prior to the adoption of this chapter, and if one dwelling unit was converted from an agricultural building, spring house or a similar historic building.
(B) Two single-family detached dwellings may be allowed on a lot if the applicant proves to the satisfaction of the township that the land could be subdivided in the future in a manner that would result in two conforming lots, each with their own dwelling unit, and if each dwelling unit has its own well, unless each dwelling unit is served by a public water system, and its own on-lot septic system, unless each dwelling unit is served by a public sewage system.
(Ord. 126, passed 3-18-2010; Ord. 170, passed - -2023)