Warminster Township
City Zoning Code
City Zoning Code
PART 20
Regulations Applicable to All Uses and Districts
§ 27-2000 Compliance required.
[Ord. No. 762, 5/7/2020]
All uses and activities established after the effective date of this chapter shall comply with the following standards.
§ 27-2001 Noise.
§ 27-2002 Smoke.
[Ord. No. 762, 5/7/2020]
No smoke shall be emitted from any chimney or other source of visible gray opacity.
§ 27-2003 Dust, fumes, vapors and gases.
[Ord. No. 762, 5/7/2020]
1.
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, or vegetation, or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
2.
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.
3.
No use shall emit odorous gases or other odorous matter in such quantities as to be detectable at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I, Odor Thresholds in Air, Research on Chemical Odors: Part I, Odor Thresholds for Commercial Chemicals, October 1968, or most recent edition, Manufacturing Chemists Association, Inc., Washington, D.C.
§ 27-2004 Heat.
[Ord. No. 762, 5/7/2020]
No use shall produce heat perceptible beyond its lot lines.
§ 27-2005 Vibrations.
[Ord. No. 762, 5/7/2020]
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.
§ 27-2006 Bufferyards.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
1.
A completely planted visual barrier or landscape screen of sufficient density and height to constitute an effective screen shall be provided and maintained, in accordance with the requirements set forth in § 22-523, Landscape improvements, of Chapter 22, Subdivision and Land Development, in the following locations:
2.
The buffer shall be planted along the property lines and may be located within the required side or rear yard setbacks. Additional plantings may not be required where existing planting, topography, or man-made structures are deemed acceptable for screening purposes by the Board of Supervisors.
3.
The bufferyard shall be measured from the district boundary line or from the near street line where a street serves as the district boundary line.
4.
The bufferyard may be coterminous with required front, side or rear yards, and, in case of conflict, the larger yard requirements shall apply.
5.
No structure, manufacturing or processing activity, or storage of materials shall be permitted in the bufferyard, except driveways as necessary to provide access to the lot.
§ 27-2007 Storage and disposal of hazardous materials.
[Ord. No. 762, 5/7/2020]
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.
§ 27-2008 District regulations.
[Ord. No. 762, 5/7/2020]
The regulations for each district pertaining to maximum overall density, minimum lot area, minimum lot area per dwelling unit, minimum lot width, minimum front yard, minimum side yard, minimum rear yard, maximum height and maximum impervious surface are set forth for each district in Parts 4 through 16. No principal building or use shall be erected or established except as permitted in the appropriate part of this chapter for the district involved.
§ 27-2009 Lot area.
[Ord. No. 762, 5/7/2020]
1.
Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted by the terms of this chapter.
2.
The lot area and yards required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area and yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
§ 27-2010 Minimum lot width.
[Ord. No. 762, 5/7/2020]
Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width less than is specified, except as may be permitted by the terms of this chapter.
§ 27-2011 Exceptions to minimum lot area and width.
[Ord. No. 762, 5/7/2020]
1.
The provisions of this chapter shall not prevent the construction of a single-family dwelling, provided the yard requirements are observed, on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that such lot is not less than 7,000 square feet, and provided that it is permitted by special exception by the Zoning Hearing Board in accordance with Part 26 of this chapter.
2.
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter in any case where a reparceling or replatting could create one or more lots which would conform to the above provisions.
§ 27-2012 Clear sight triangles.
[Ord. No. 762, 5/7/2020]
1.
The following clear sight triangles shall be provided and maintained at all intersections, as measured in all directions from center line intersections. No existing or proposed structures or plantings between two feet and seven feet above the road center line shall be permitted in the clear sight triangle area.
2.
At each point where a private accessway intersects a public street or road, a clear sight triangle of 10 feet, measured from the point of intersection of the street line and the edge of the accessway, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above street grade.
§ 27-2013 Building spacing requirements for nonresidential buildings on same lot.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
Where two or more main buildings for other than residential uses are proposed to be built upon property, the distance at the closest point between any buildings shall not be less than 60 feet.
§ 27-2014 Front yard requirements.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
1.
An open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure.
2.
Where other requirements of this chapter or Chapter 22, Subdivision and Land Development, require a larger front yard setback, the larger dimension shall apply.
3.
Projections into front yards. Ground-story bays and porches not over half the length of the front wall may project into any front yard 3 1/2 feet. Chimneys, flues, columns, sills, and ornamental features may project not more than one foot and cornices and gutters not more than two feet over a required front yard.
4.
Fences and terraces in front yards. Front yard requirements shall not apply to fences, hedges, or walls less than three feet high above the natural grade in the required front yard nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story. However, a fence greater than four feet may be installed within a nonresidential zoning district or on a property that has a nonresidential use, provided the fence is installed a minimum 15 feet from the ultimate right-of-way.
5.
Front yard reduction. When there is an existing building on each of two lots adjacent on either side to a lot on which a proposed building is to be erected, where both such existing buildings have an alignment nearer to the street than the required front depth elsewhere specified in this chapter, and when both such existing buildings are within 100 feet of the proposed building, the average of the existing front yard depths of such adjacent lots shall be the minimum required front yard depth of the lot on which the proposed building is to be erected.
§ 27-2015 Side yard requirements.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
1.
Where a minimum width of side yard is specified, no building or structure shall be erected within the specified distance from either side lot line, except as permitted by this chapter and subject to applicable provisions of Chapter 22, Subdivision and Land Development, of the Township Code.
A.
Projections into side yards. Bays, balconies, chimneys, flues, and fire escapes may project into a required side yard not more than 1/3 of its width and not more than four feet in any case. Ground-story bays and porches not over half the length of the sidewall may project into any side yard 3 1/2 feet.
B.
Fences, decks, and terraces in side yards. Side yard requirements shall not apply to fences, hedges, or walls less than six feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the floor of the ground story.
2.
A minimum side setback of five feet shall be provided for all residential driveways. Nonresidential driveways and residential driveways for more than five vehicles shall be set back a minimum of 15 feet.
3.
Shared driveways may not be for greater than two dwelling units, and the outermost edges must be no closer than five feet from both dwelling units' property lines.
§ 27-2016 Rear yard requirements.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
1.
No building or structure shall be built within the minimum depth from the rear lot line specified, except as provided by this chapter and subject to applicable provisions of Chapter 22, Subdivision and Land Development, of the Township Code.
A.
Rear yard requirements for triangular lots. In the case of a triangular lot with no rear lot line, the distance between any point on the building and corner of the lot farthest from the front lot line shall be at least twice the minimum depth specified in the applicable district regulations.
B.
Fences, decks, and terraces in rear yards. Rear yard requirements shall not apply to fences, hedges, or walls less than six feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the floor of the ground story.
2.
No driveway shall be located within the rear yard setback.
§ 27-2017 Maximum height of buildings.
[Ord. No. 762, 5/7/2020]
1.
Unless otherwise provided in Chapter 22, Subdivision and Land Development, no building shall exceed the maximum height of 35 feet unless otherwise stated for a specific use or district.
2.
Height exceptions of maximum regulations. Height limits specified in this section may be exceeded by one foot for each foot by which the width of the front, rear and side yards is increased beyond the minimum yard requirements, up to a maximum of 80 feet. This exception is applicable only in nonresidential zoning districts.
§ 27-2018 Fences.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
1.
No fence shall be erected in Warminster Township without the issuance of a permit from the Warminster Department of Licenses and Inspections and the payment of any applicable fee as set forth in the Township's fee schedule.
2.
Prior to the issuance of a permit, a plan depicting the proposed fence, as well as the height, location on the property and materials of the proposed fence, shall be submitted with the applicable permit application to the Warminster Department of Licenses and Inspections.
3.
No fence shall be erected in a front yard unless such fence is located a minimum of 15 feet from the outside of the legal right-of-way.
A.
No fence exceeding a height of four feet shall be erected in the front yard. However, a fence greater than four feet may be installed in a nonresidential zoning district or on a property with a nonresidential use, provided the fence is installed a minimum 15 feet from the Ultimate Right-of-Way.
B.
No fence shall be erected in the front yard that is less than 50% open.
4.
No fence exceeding a height of six feet for residential or 10 feet for nonresidential shall be erected, unless otherwise permitted under this chapter.
5.
Fences must be erected so that the finished side of the fence is away from the property and any structures.
6.
Property owners shall maintain the area between the fence and their property line.
§ 27-2019 Special setbacks.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
1.
Setbacks from resource-protected lands. On lots which include lands with resource restrictions, including floodplains, forest, streams, lakes and ponds, steep slopes and wetlands, the minimum building setback shall be the limit of the resource-protected lands rather than from the lot lines when the boundary of the resource-protected lands exceed the minimum building setback measured from the lot lines.
2.
Setbacks from York Road and Street Road. This subsection shall apply to all uses with lot frontage on Street Road and York Road and shall apply whenever an application for land development, subdivision, zoning permit or a building permit is made.
A.
Setback from the street line for all buildings and structures, with the exception of bus shelters and benches associated with an established bus stop, shall be a minimum of 50 feet.
§ 27-2020 Lighting.
[Ord. No. 762, 5/7/2020; Ord. No. 777, 9/5/2024]
1.
General standards. Outdoor lighting for all residential and nonresidential uses shall be designed to minimize undesirable off-premises effects.
A.
No use shall produce glare off the premises by illumination originating on the premises. "Glare" is defined as the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted and which causes annoyance, discomfort, or loss in visual performance or visibility for any period of time, no matter how short in duration.
B.
No bare or direct light source shall be visible beyond the lot lines. All sight and area lights shall emit zero uplight, as defined by the IES Backlight, Uplight, and Glare (BUG) rating. This applies to all pole-mounted lights, building-mounted lights, sign lights, walkway lights, and any other type of illumination. No light shall shine directly into windows or onto streets and driveways off the premises. These standards shall not apply to holiday lights that are temporarily displayed during holiday seasons.
2.
Types of pole-mounted lights permitted. Lighting shall be provided outside the historic districts by fixtures with a height above finished grade not more than the height specified in Chapter 22, Subdivision and Land Development. Height shall be measured from the ground to the uppermost point of the light fixture. Light fixtures shall be fully shielded fixtures where the light source is not visible from the property line.
3.
Lighting plan required. Any outdoor lighting, such as pole-mounted, building, sign, canopy, or sidewalk illumination, and driveway lights, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow.
4.
Light at the property line. Illumination from light originating on the site shall comply with § 22-524 of Chapter 22, Subdivision and Land Development. All lighting applications not subject to the formal subdivision and land development process shall be reviewed by the Zoning Officer for compliance with § 22-524.
§ 27-2021 Bus shelters.
[Ord. No. 762, 5/7/2020]
1.
Notwithstanding any provision of this chapter to the contrary, a bus shelter shall be a permitted use in any zoning district subject to the following criteria:
A.
The use shall be permitted within front yard setbacks and buffer areas only on established bus routes. Bus shelters may be located within the public right-of-way when authorization is granted by the controlling agency.
B.
Bus shelters shall be adequately illuminated to provide visibility during darkness as required by the Township Zoning Officer.
C.
Except on arterial streets, no advertising, signs, placards or other printed matter shall be permitted to be displayed on the exterior or interior of a bus shelter, except information pertaining to the applicable bus route. Bus shelters proposed to have advertising shall comply with the following:
(1)
Advertising may be placed on bus shelters located on arterial streets, provided that the shelter has been designed to accommodate such signs, and further provided that said signs do not extend beyond the end wall of the shelter.
(2)
Advertising shall not exceed 48 inches by 72 inches, per side, on one wall of a bus shelter.
(3)
Bus shelters with advertising shall be no closer than 1,500 feet from another bus shelter with advertising.
(4)
Bus shelters with advertising shall only be located at designated bus stops.
(5)
Prior to approval of bus shelter advertising, an agreement shall be executed between the Township and the bus shelter company regarding the placement and content of such signs.
(6)
Bus shelters with advertising shall be located along an existing sidewalk or shall include the construction of a five-foot wide sidewalk connecting to an existing sidewalk. A connecting sidewalk shall not be required if there is no existing sidewalk within 500 feet of the bus shelter.
(7)
All bus shelters shall be equipped with a trash receptacle.
(8)
All bus shelters shall be maintained in good condition. If a bus shelter is determined to be in poor condition, the bus shelter shall be immediately removed at the sole cost and expense of the owner of the bus shelter, in accordance with the provisions of this section. Warminster Township shall notify the owner of the property on which the bus shelter is located and provide the owner 60 days' written notice by certified mail, sent to the owner's last known address, to remove the bus shelter. If the bus shelter is not removed within 60 days from the date of the notice, the Township may remove the bus shelter, and the cost thereof shall be paid by the owner of the property on which the bus shelter is erected. Warminster Township may file a lien against the property or take any action authorized by law to collect the cost of removal if it is not paid by the owner of the property.
§ 27-2022 Maximum impervious area.
[Ord. No. 762, 5/7/2020]
Maximum impervious area may exceed the impervious surface ratio as specified in Parts 4 through 16 of this chapter, up to 10%, if the design follows the pervious hardscaping system, as detailed in Chapter 26, Appendix C.