Whitpain Township City Zoning Code
ARTICLE XXVIII
General Provisions
§ 160-201 Maximum structural heights.
[Amended 6-3-1968 by Ord. No. 4-23; 8-19-1985 by Ord. No. 4-84]
A.
No principal building or structure shall exceed 50 feet in height or the maximum specified height otherwise prescribed for each district. No accessory building or structure shall exceed 25 feet in height or the maximum specified height otherwise prescribed for each district.
[Amended 4-18-2000 by Ord. No. 4-172]
B.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, pertaining to communications towers, was repealed 8-21-2018 by Ord. No. 4-250.
C.
In residential districts, the following additional restrictions shall apply:
(1)
Not more than one satellite dish may be mounted above the roofline of the principal building for each lot, and said dish or similar attachment shall have a maximum diameter not greater than three feet.
(2)
In R-3, R-8, and R-9 Districts and in development permitted by conditional use approval, including but not limited to R-5 and R-6 Districts, not more than one satellite dish or similar attachment may be mounted above the roofline for the principal buildings within the districts, and said dish shall not be greater than three feet in diameter.
[Amended 8-21-2018 by Ord. No. 4-250]
D.
Ground-mounted satellite dishes, other similar devices, and any other structures may be placed on a lot as an accessory use only, but shall conform to all required setback and yard requirements applicable to accessory structures in the district in which they are located. Such structures or devices shall not be situated between the front line of any building on the premises and the ultimate right-of-way of the property. For reverse frontage lots, the accessory structures must be at least 25 feet from the property's rear ultimate right-of-way.
[Amended 5-1-2018 by Ord. No. 4-249]
§ 160-202 Residential projections into front yards. [1]
[Amended 7-2-1962 by Ord. No. 4-6; 8-16-1993 by Ord. No. 4-137; 10-18-2022 by Ord. No. 4-260]
No building and no part of a building shall be erected within or shall project into the minimum front yard except cornices, eaves, gutters, chimneys or fireplaces projecting not more than 24 inches, bay windows not extending through more than one story and not projecting more than five feet and open porches projecting not more than 10 feet, including steps and balconies.
[1]
Editor’s Note: This section title, formerly “Projections into front yards,” was revised 5-1-2018 by Ord. No. 4-249.
§ 160-203 Residential projections into side yards. [1]
[Amended 10-6-1997 by Ord. No. 4-157; 10-18-2022 by Ord. No. 4-260]
No building and no part of a building shall be erected within or shall project into the minimum side yard, except cornices, eaves, gutters or chimneys and fireplaces projecting not more than 24 inches and steps.
[1]
Editor’s Note: This section title, formerly “Projections into side yards,” was revised 5-1-2018 by Ord. No. 4-249.
§ 160-204 Residential rear yard intrusions.
[Amended 7-2-1962 by Ord. No. 4-6; 8-19-1985 by Ord. No. 4-84; 11-20-1989 by Ord. No. 4-119; 10-18-2022 by Ord. No. 4-260]
No building or part of any building shall be erected or project into the minimum rear yard except in accordance with the following conditions:
A.
Cornices, eaves, gutters or chimneys projecting not more than 18 inches.
B.
Bay windows or bow windows not extending through more than one story nor projecting more than five feet.
C.
Decks and porches projecting not more than 10 feet or a distance not to exceed 25% of the depth of the minimum rear yard of an applicable residential district in which the tract is situate, whichever shall be greater. Porches, as noted herein, may be enclosed with glass or screening and shall include steps and balconies. Decks shall include steps.
D.
Accessory buildings may be permitted within a rear yard only, if entirely separated from the principal building by no less than 10 feet.
E.
In the case of a lot held in single or separate ownership at the effective date of this chapter, on which lot the distance from the rear lot line to the front yard setback line is less than 75 feet, then a portion of the principal building may project not more than 10 feet into the minimum rear yard so long as the width of said projection shall not be greater than 20% of the lot width.
F.
In the case of all R-1 residential lots approved prior to June 6, 1966, a portion of the principal building may be extended 15 feet into the minimum rear yard so long as the extension shall not be greater than 50% of the length of the principal building.
§ 160-205 Reduction of lot areas.
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.
§ 160-206 Prohibited businesses in residence districts.
No piggeries, commercial dog kennels, junkyards or auto graveyards will be permitted within the residential districts of this Township.
§ 160-207 Kitchens in residential units.
[Added 6-6-1994 by Ord. No. 4-146; amended 7-1-2003 by Ord. No. 4-186]
Nothing contained in this chapter shall be construed as to prohibit or preclude the installation of second cooking/kitchen facilities in the principal residential structure so long as the property owner shall not, by such additional facilities, use the premises for multiple-family or multitenant usage, unless such multiple usage is otherwise authorized by the use regulations in the district classification where the property is located.
§ 160-208 Parking of commercial vehicles in residential zones; repair work.
[Added 5-28-1974 by Ord. No. 4-41]
A.
It shall be unlawful for the owner or operator of any commercial vehicle with dual rear wheels, any trailer with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds used for commercial purposes, or any combination thereof to park such vehicle at any time on any residential street or property within a residential zone in the Township of Whitpain, except when making deliveries or improvements to the property on such street. Only one commercial vehicle with single rear wheels or one trailer used for commercial purposes may be parked or stored in residential zones at any time. Commercial vehicles shall not be parked or stored on a public street overnight without prior approval from the Township.
[Amended 10-18-2022 by Ord. No. 4-260]
B.
No repairs or body- and fender work may be done within the limits of any street in a residential zone except for those designated as emergency repairs.
§ 160-209 Access and highway frontage.
[Added 11-2-1979 by Ord. No. 4-56]
In order to minimize traffic congestion and hazard, control street access in the public safety and discourage development of street or highway frontage:
A.
Unless clearly impractical, all lots in a residential subdivision shall have direct access only to a newly created local residential street.
B.
Where lots are created having a frontage on an existing arterial or collector street or local street within the Township, the subdivision street pattern shall provide reverse-frontage access to a newly created local street within the subdivision. Access to the existing arterial or collector street or local street shall be eliminated, and all such lots shall be provided with a minimum rear yard of 80 feet from the ultimate right-of-way line of any arterial or collector streets or local streets.
[Amended 5-1-2018 by Ord. No. 4-249]
C.
All lots radiating from a cul-de-sac shall have a minimum frontage of 50 feet at the street right-of-way line.
§ 160-210 Placement of public transportation shelters as conditional uses.
[Added 4-1-1996 by Ord. No. 4-152]
The placement of public transportation shelters throughout the Township shall only be authorized as a conditional use, subject to the following criteria:
A.
If placed in the public right-of-way, they shall be no less than five feet distant from the curbline or edge of the highway.
B.
Placement shall be at a conspicuous location with a clear sight distance in the direction of all traffic flow of no less than 300 feet.
C.
Except where public transportation shelters may be on opposite sides of the same street, no public transportation shelter shall be placed closer to another public transportation shelter than 350 feet.
D.
If placement is to be on private property, such shall be done only with the written consent of the property owner, binding on said owner and the owner's successors and assigns, in a form satisfactory for recording, which will provide, inter alia, said owner's agreement to remove the public transportation shelter at the request of the Township Supervisors for any reason whatsoever.
E.
The placement of the public transportation shelter shall be on a properly graded foundation, substantially anchored against the elements and constructed in such fashion as to be free from standing water and stormwater runoff, all to the prior satisfaction of the Township Engineer, and in accordance with the applicable ordinances, building codes and safety codes of the federal, state and Township governments.
F.
Advertisements or billboard displays on the public transportation shelter shall be no greater than two displays, each having a maximum dimension of 32 square feet, and shall be placed in such a fashion as not to impede the clear view from the street or public right-of-way through the transportation shelter of any persons waiting therein.
G.
There shall be no advertisement of tobacco products, liquor, wine or beer products or displays of a sexual or violent nature.
H.
No conditional use shall be granted by the Board of Supervisors to permit the installation and operation of any public transportation shelter in Whitpain Township unless the operator shall first enter into an agreement with the Township concerning the ongoing maintenance of the shelter.
I.
Operators shall agree on behalf of themselves, their successors and assigns, in a recordable instrument, that they will remove the public transportation shelter, whether in the public right-of-way or on private property, when specifically requested to do so by the Township Supervisors for any reason whatsoever.
J.
Prior to installation of an authorized public transportation shelter, the operator shall enter into an agreement with the Township, binding upon the operator and owner and their successors and assigns, evidencing his or her agreement to the terms of the conditional use.
K.
The grant of a conditional use for any public transportation shelter by the Whitpain Township Board of Supervisors shall not relieve the operator of such facility from the duty of obtaining all requisite federal, state and Township permits for such facilities.
§ 160-211 Ownership, use, design and maintenance of deed-restricted common open space.
[Added 11-2-1979 by Ord. No. 4-56]
A.
Methods of ownership. Any of the following methods shall be used, either individually or together, to preserve, own and maintain deed-restricted common open space as permitted as a conditional use in clustered developments: condominium, homeowners' association, dedication in fee simple, dedication of easements or transfer of fee simple title and easements to a private conservation organization. Such land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:
(1)
Condominium. The deed-restricted common open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980,[1] as may be amended. All open space land shall be held as common element.
[Amended 8-18-1980 by Ord. No. 4-60]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(2)
Homeowners' association. The deed-restricted common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII, Section 705-d(2), of the Pennsylvania Municipalities Planning Code of 1968,[2] as amended, and the homeowners' association agreement shall be recorded.
[Amended 8-18-1980 by Ord. No. 4-60]
[2]
Editor's Note: See 53 P.S. § 10705(d)(2).
(3)
Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the deed-restricted common open space, provided that such land is accessible to the residents of the Township, there is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance) and the Township agrees to and has access to maintain such lands.
(4)
Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of deed-restricted open space land, title of which is to remain in ownership by condominium or homeowners' association, provided that such land is accessible to the residents of the Township, there is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance) and a satisfactory maintenance agreement is reached between the developer and the Township.
(5)
Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or restrictive easements to a private, nonprofit organization, among whose purposes is to conserve deed-restricted open space land and/or natural resources, provided that the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence, that the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions, and that a maintenance agreement acceptable to the Township is entered into by the developer and the organization.
(6)
In no event shall individual residential lot owners be permitted to own separate portions of deed-restricted common open space.
[Added 2-2-1999 by Ord. No. 4-163]
B.
Specific requirements for homeowners' association. If a homeowners' association is formed, it shall be governed according to the following regulations:
(1)
The developers shall provide to the Township a description of the organization, including its bylaws and methods for maintaining the deed-restricted open space.
(2)
The organization shall be established by the developers and shall be operating (with financial subsidization by the developers, if necessary) before the sale of any lots within the development.
(3)
Membership in the organization is mandatory for all purchasers of homes therein and their successors.
(4)
The organization shall be responsible for maintenance of and insurance and taxes on the deed-restricted common open space.
(5)
The members of the organization shall share equitably the costs of maintaining and developing deed-restricted common open space, in accordance with the procedures established by them.
(6)
In the event of any proposed transfer of deed-restricted common open space land by the homeowners' association within the methods here permitted or of the assumption of maintenance of deed-restricted common open space land by the Township as hereinafter provided, notice of such action shall be given to all property owners within the development.
(7)
The organization shall have or hire adequate staff to administer common facilities and maintain deed-restricted common open space.
(8)
Leasing of deed-restricted open space lands.
(a)
The property owners' organization may lease back deed-restricted open space land to the developer, his heirs or assigns or to any other qualified person or corporation for operation and maintenance of the deed-restricted open space lands, but such a lease agreement shall provide that the residents of the development shall at all times have access to the open space lands contained therein, that the common open space to be leased shall be maintained for the purposes set forth in this chapter and that the operation of open space facilities may be for the benefit of the residents only or may be open to the residents of the Township.
(b)
The lease shall be subject to the approval of the Township, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Montgomery County within 30 days of their execution, and a copy of the recorded lease shall be filed with the Secretary of the Township.
[Amended 8-18-1980 by Ord. No. 4-60]
§ 160-212 Standards for home occupations.
[Added 11-2-1979 by Ord. No. 4-56]
Home occupations, as defined in § 160-7B and permitted under the provisions of this chapter, shall comply with the following regulations and standards:
A.
Three paved off-street parking spaces, which shall not be located within any required yard setback area, in addition to those required of residence units, shall be required, except that for those home occupations for which there are no patients, business visitors, customers or employees coming to the premises, no additional parking spaces shall be required.
[Amended 12-15-1998 by Ord. No. 4-162]
B.
No other persons except a resident in the dwelling shall practice the occupation therein.
C.
No more than two persons shall be employed by the practitioner of the occupation to provide secretarial or clerical assistance.
[Amended 6-19-1989 by Ord. No. 4-115]
D.
The area used for the practice of a home occupation shall occupy no more than 15% of the total floor area of the principal dwelling unit, excluding basements and attached garages. Each dwelling or residential lot shall be limited to no more than two home occupations.
E.
No storage of materials or products in open areas shall be permitted.
F.
No retail sales shall be permitted, and in no event shall goods be publicly displayed on the premises.
[Amended 6-19-1989 by Ord. No. 4-115]
G.
No heat or glare shall be perceptible at or beyond the lot boundaries.
H.
No potentially dangerous effluent or fumes from operations shall be discharged.
I.
No material designed for use as an explosive shall be produced or stored on the premises.
J.
Home day care for not more than a total of three children, unrelated to the caregiver, shall be permitted as a home occupation.
[Added 6-19-1989 by Ord. No. 4-115]
K.
Day-care facilities. When authorized as a special exception only within a single-family detached dwelling, home day care may be permitted for more than three children, but not more than a total of six children, unrelated to the caregiver; provided, further, that:
[Added 6-19-1989 by Ord. No. 4-115]
(1)
The lot must conform to the minimum frontage, width, area and yard requirements of the district in which it is situate and shall not be reduced.
(2)
An outdoor lot area of at least 2,000 square feet shall be reserved for a play area and shall be located in the rear yard only, and not within any required side yard.
(3)
There shall be a minimum of 40 square feet of floor space per child, inclusive of space occupied by furniture and equipment, but exclusive of closets, halls, bathrooms, kitchens and areas related thereto, which shall be on the first or second floor above grade of the single-family detached dwelling structure utilized for such purpose. A second means of pedestrian access from the second floor, if required, shall be covered and enclosed so as to be concealed from view from perimeter property lines.
(4)
Parking lots, loading areas and areas for outdoor recreation shall be visually screened for immediate year-round basis to a height of not less than four feet when natural shrubbery or evergreen trees are utilized or six feet when a fence is utilized.
(5)
In order to limit the concentrations of home day-care facilities in residential neighborhoods, home day-care facilities authorized by special exception shall be a minimum distance apart of not less than 1,000 feet.
(6)
Single-family detached structures authorized for day-care facilities by special exception shall have the following structural characteristics:
(a)
The building shall conform to any and all regulations of the Commonwealth of Pennsylvania for child day care, as well as all applicable regulations for fire and panic, and have no barriers for the handicapped, and shall conform to all Township codes.
(b)
There shall be no external alteration of the existing building, except as may be necessary for reasons of safety; fire escapes and outside stairways shall, where practicable, be located on the rear of the building. Any expansion shall be limited to a maximum of 25% of the existing first floor area of said building.
(c)
Any addition shall be of such elevation and style, having materials and fenestration, and front, side and rear yard setbacks that will be compatible with and not substantially injure or detract from the residential usage of adjacent properties or appreciably alter the character and building bulk/yard standards of the neighborhood.
(d)
Special signs and outdoor illumination shall be prohibited.
(e)
The application shall indicate the method of building and ground maintenance and file a plan for said implementation.
L.
When authorized as a conditional use, bed-and-breakfast inns subject to the following specific conditions:
[Added 2-19-2002 by Ord. No. 4-176]
(1)
The property must be on the Whitpain Township Survey List of Class I Historic Properties.[1] The existing architecture of the building shall be maintained and preserved so that exterior modifications would be limited to emergency or fire and safety measures only. Such measures shall not alter the front facade of any building.
[1]
Editor's Note: The Survey List is included at the end of this chapter.
(2)
A minimum lot area of one acre shall be required.
(3)
The maximum stay for guests shall not exceed 30 days during a period of six months, and no one visit shall exceed more than 14 consecutive days.
(4)
Meal service shall be limited to breakfast for overnight guests only. There shall be no separate kitchen or cooking facilities in any guestroom.
(5)
The use of any amenities provided, such as a swimming pool or tennis courts, shall be restricted in use to the guests of the establishment.
(6)
Parking shall be provided on the following basis: two spaces for the primary dwelling, plus one space for each guestroom. Guestroom parking shall not be located in the minimum front yard established by the district.
(7)
No more than five guests shall be permitted per individual property.
§ 160-213 No-impact home-based businesses.
[Added 11-19-2002 by Ord. No. 4-183]
A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business must employ one owner who is a resident of the dwelling and may include the owner's spouse and children or parents of the owner/resident only, regardless of whether the children or parents of the owner/resident reside in the dwelling or off the premises.
[Amended 12-20-2005 by Ord. No. 4-215]
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
§ 160-214 Green area regulations.
[Added 6-4-1984 by Ord. No. 4-75]
The following regulations shall apply in all zoning districts:
A.
Legislative purposes. In expansion of the community development objectives contained in Article III, § 160-8, it is hereby declared to be the intent of this section to have the following purposes:
(1)
To prevent oversaturation of parking, paving and other impervious surfaces, and in so doing to minimize stormwater runoff, flooding, erosion and noise pollution.
(2)
To maintain pervious open space areas to facilitate groundwater recharge.
(3)
To encourage efficient and sensitive site design to preserve salient natural features, such as mature woodlands, steep slopes, floodplains, natural buffers and attractive views, while eliminating excessive, unused and unnecessary paved areas.
(4)
To promote the preservation of open space, a valuable and irreplaceable asset, in a manner that becomes an inseparable part of the built environment.
(5)
To correct deficiencies in the R-1, R-2, R-5, R-6 and R-7 Zoning Districts that may have been created due to changes in zoning district boundary lines, creation of new development criteria within existing zoning districts and the repeal of provisions deemed amenable to the public interest due to subsequent Zoning Ordinance enactment.
[Added 5-2-1988 by Ord. No. 4-103]
(6)
To provide an easier method of compliance with this chapter and a more equitable allotment of impervious cover within the R-1, R-2, R-5, R-6 and R-7 Zoning Districts.
[Added 5-2-1988 by Ord. No. 4-103]
(7)
To eliminate unnecessary oversaturation of impervious cover that would result from the straight percentage method of calculation for these districts.
[Added 5-2-1988 by Ord. No. 4-103]
B.
Calculation criteria.
(1)
Green area may include essential uncovered walkways for nonvehicular traffic only. For residential properties, an essential uncovered walkway shall be an uncovered direct path, no greater than five feet in width, that connects a driveway or public street to an exterior door.
[Amended 7-1-2003 by Ord. No. 4-186; 10-18-2022 by Ord. No. 4-260]
(2)
[1]In determining the required green area for flag lots, the area located in the access strip shall not be included.
[Added 7-1-2003 by Ord. No. 4-186]
[1]
Editor's Note: Former Subsection B(2), pertaining to basins for stormwater management, was repealed 6-16-1998 by Ord. No. 4-160.
(3)
The pervious land area within easements having overhead utility facilities or structures may be assigned 1/4 credit toward green area requirements.
(4)
The pervious land area within easements having only underground utility facilities or structures may be assigned 1/2 credit toward green area requirements; this shall include buildings, structures or parts thereof when situated underground and covered with green area as defined in this chapter.
(5)
Area within existing road and utility rights-of-way shall not be included within green area calculations. A green area credit for that portion of the lot area located between the existing lot line and the future ultimate right-of-way which is offered for dedication and which remains unbuilt upon may be utilized in achieving the minimum requirements for green area.
[Amended 7-1-2003 by Ord. No. 4-186]
(6)
Areas devoted to permanent landscaping and consisting of pervious materials located within off-street parking and loading areas may be included for the purpose of green area calculations. Required parking area [see § 160-192B(1)(f)] planted as a green area and set aside for future parking needs shall not constitute a part of green area calculations, for the purposes of this chapter.
C.
Required green area. Any lot used or occupied for any of the following districts shall be provided with the following minimum green areas, as herein defined, set forth as follows:
[Amended 12-16-1985 by Ord. No. 4-87; 5-2-1988 by Ord. No. 4-103]
(1)
Schedule of Green Area Requirements.
[Amended 8-3-2004 by Ord. No. 4-204; 9-15-2009 by Ord. No. 4-227]
Zoning District | Proposed Minimum Green Area Percentages | ||
|---|---|---|---|
R-1 | Residential | (See formula) | |
P-R | Park and Recreation | 70% | |
R-2 | Residential | (See formula) | |
R-3 | Multifamily | 60% | |
R-3A | Multifamily | 60% | |
R-3B | Low-Intensity Multifamily | 60% | |
R-4 | Village Preservation | 50% | |
R-5 | Agricultural/Rural | (See formula) | |
R-6 | Agricultural/Rural | (See formula) | |
R-7 | Residential | (See formula) | |
R-8 | Residential | 80% | |
R-9 | Residential | 50% | |
A-R | Administrative and Research | 50% | |
A-R-1 | Administrative and Research | 50% | |
R-E | Research and Engineering | 50% | |
C | Commercial | 35% | |
C-1 | Commercial | 50% | |
I | Limited Industrial | 30% | |
IN | Institutional | 60% | |
SC | Shopping Center | 40% | |
(2)
Computation formula.
[Amended 5-1-2018 by Ord. No. 4-249]
(a)
The formula for the computation of maximum non-green area in the R-1, R-2, R-5, R-6 and R-7 Zoning Districts is:
y = 0.179x + 2,422 |
Where | ||||
x | = | Lot area in square feet | ||
y | = | Maximum non-green area per lot in square feet | ||
(b)
Example: How much non-green area would be allowed on a thirty-thousand-square-foot lot in the R-1 District?
y | = | 0.179x + 2,422 | |
x | = | 30,000 square feet | |
y | = | 0.179 (30,000 square feet) + 2,422 square feet | |
y | = | 5,370 square feet + 2,422 square feet | |
y | = | 7,792 square feet maximum non-green area |
(3)
Any building lot within the R-1, R-2, R-5, R-6 and R-7 Zoning Districts having an area less than 11,000 square feet shall maintain a sixty-percent minimum green area.
(4)
In the R-5 Zoning District, except for single-family dwellings, all other uses shall maintain an eighty-percent minimum green area. In the R-6 Zoning District, retirement, § 160-69C(2), golf course, § 160-69B, and carriage house, § 160-80, and rural cluster subdivisions with historic preservation, § 160-77, communities and uses permitted by right or special exception noted in § 160-60, excluding single-family dwellings, shall maintain a seventy-five-percent minimum green area.
[Amended 4-4-1994 by Ord. No. 4-143; 5-5-1998 by Ord. No. 4-151-2]
(5)
A maximum non-green area of 40%, as noted in § 160-75D(4)(b), shall be controlling and shall not be repealed.
[Amended 5-1-2018 by Ord. No. 4-249]
(6)
A maximum non-green area for deed-restricted or common open space in the R-1, R-5, R-6 and R-7 Zoning Districts shall be controlling and shall not be repealed.
[Amended 5-1-2018 by Ord. No. 4-249]
D.
Green area requirements for assembled tracts with common open space. On any tract, except within the R-1, R-5, R-6 and R-7 Districts, where common open space has been assembled as a part of the plan and preserved from future development in a manner and configuration approved by the Planning Commission, then the amount of open space that qualifies as green area may be deducted on a pro-rata basis from the amount of green area otherwise required for each individual lot. However, in no event shall any individual lot created be less than the minimum size required for the district by this chapter.
[Amended 5-2-1988 by Ord. No. 4-103]
E.
Green area requirements for parking lots and loading areas. A minimum of 10% of all paved parking areas in excess of 2,000 square feet per each lot, whether constructed immediately or reserved for future needs, shall be devoted to permanent green areas, which must be interspersed within the paved parking areas to channel traffic or divide parking spaces, and shall be landscaped in accordance with the provisions of § 160-108. The exact design and location of the green areas, as well as the landscape material therein, shall be disclosed on the land development, subdivision or site plan and be permanently maintained as such.
F.
Required plans. Applications for subdivision and land development shall include a drawing(s) identifying the explicit location and configuration of those areas on each lot and those areas within a parking lot which are utilized as a portion of the required green area calculation.
[Added 7-1-2003 by Ord. No. 4-186]
§ 160-215 Unified development.
[Added 4-7-1986 by Ord. No. 4-89; amended 5-19-1986 by Ord. No. 4-90]
A.
Whenever a landowner or developer undertakes the development of a single tract which is situate in multiple residential zoning districts, the owner or developer may submit sketch plans demonstrating the total number of dwelling units permitted if each portion is developed according to the district in which it is situate. The owner or developer shall thereafter be permitted to develop the entire tract as one unified development and intersperse the total number of residential dwelling units throughout the entire tract so long as the bulk, ground cover and dimensional requirements of the more restrictive residential district shall be observed.
B.
The unified development concept shall not be permitted for multi-tenant building usage.
§ 160-216 Flag lot (rear lot) requirements.
[Added 7-5-1988 by Ord. No. 4-108]
A.
Access. Each flag lot shall have an access to a public street having a width of not less than 50 feet for individual access or 25 feet each when a common driveway for two lots with cross easements is utilized.
B.
Minimum flag lot (rear lot) size. The lot area of a flag lot shall be 1 1/2 times the minimum lot area required for the zoning district in which located and shall not include the area located in the access strip, notwithstanding the provisions of § 160-61C.
[Amended 10-6-1997 by Ord. No. 4-157]
C.
Depth of flag lot (rear lot). No flag lot shall contain an access strip which extends through or beyond more than two tiers of lots.
D.
Stack lot provisions. A maximum of three lots may be stacked, provided at least one lot shall have frontage to a public street equal to the minimum required lot width for the district. The remaining lots may share a common driveway, provided reciprocal cross-easements are provided, and each of these lots shall comply with Subsections B and C above. The minimum driveway width for common drives shall be 16 feet, and the area devoted to cross-easement for driveway access shall not be included in calculating the minimum lot area required in this section.
[Added 7-6-2004 by Ord. No. 4-200]
§ 160-217 Detention and retention basin setbacks and area calculations.
[Added 7-5-1988 by Ord. No. 4-108; amended 7-3-1989 by Ord. No. 4-116]
A.
Setback from buildings. In all residential zoning districts only, when approved on a lot with another principal structure, the high-water elevation of the basin shall be so located to be set back a distance from the principal structure not less than:
(1)
The minimum front yard and minimum side yards established for the zoning district in which situated; and
(2)
Thirty-five feet from the rear of the principal structure.
B.
Setback from street rights-of-way. In all residential zoning districts only, the high-water elevation of the basin shall be so located to be set back from a street right-of-way not less than the minimum front yard established for the zoning district in which located.
C.
Area calculation. In all zoning districts, the area located within a basin constructed for stormwater management having depth greater than 1 1/2 feet shall be excluded when determining the minimum lot size required for the zoning district in which located.
§ 160-218 Regulations for farms and related agricultural activities.
[Added 8-16-1993 by Ord. No. 4-137]
All farming and related agricultural activities conducted in Whitpain Township shall be subject to the following regulations and restrictions:
A.
Building and structure setback. All buildings or structures shall be set back no less than 100 feet from a street ultimate right-of-way or any property lines.
B.
Height of building or structure. No building or structure used in conjunction with farm or agricultural activities shall exceed a height of 50 feet.
C.
Outdoor display or storage. No outdoor display of produce or other agricultural product shall be permitted closer than 100 feet to an ultimate right-of-way or any property line. No storage or parking of agricultural or farm processing equipment shall be permitted closer than 100 feet to a street ultimate right-of-way line or property lines.
D.
Permitted accessory uses and structures. Greenhouses, roadside stands for the sale of produce or agricultural product grown on the premises and barns, sheds, silos, pens or similar structures shall be permitted as accessory structures to a farm or agricultural use, subject to the setback provisions of Subsection A and the height limitations of Subsection B.
E.
Maximum floor area of roadside stands. The maximum floor area for roadside stands, including all outside or unenclosed areas devoted to retail sales of products produced on the premises, shall not exceed 500 square feet for each one acre of lot area of the premises devoted to such agricultural or farming activities; however, in no event shall the roadside stand exceed a total of 5,000 square feet, regardless of the size of the premises or portion of premises devoted to agricultural or farming usage.
F.
Off-street parking. Off-street parking shall be provided at the rate of one parking space per 150 square feet of retail area, plus one space per each employee on the largest shift.
G.
Minimum lot size. The minimum lot size for a farm operation and agricultural operations shall be 10 acres.
H.
Prohibited uses. Commercial dog kennels, raising or breeding of animals for fur or skins or the raising or keeping of garbage-fed animals is not permitted.
I.
Keeping of chickens as accessory to single family dwelling units. It is recognized that keeping chickens can have positive benefits for residents in the form of food production and companionship when done well using best practices. The purpose of this subsection is to establish certain requirements for noncommercial keeping of chickens within certain residentially-zoned areas. The keeping of chickens is permitted as an accessory use to a single family dwelling unit in the R-1, R-2, R-4 and R-5 Zoning Districts, subject to the following requirements:
[Added 2-20-2024 by Ord. No. 4-264]
(1)
Type and number of chickens.
(a)
Only the keeping of hens/female chickens is permitted. The keeping of roosters/male chickens is strictly prohibited. Roosters that are present on a property as of the effective date of this subsection shall be permitted to remain, subject to the requirement that they be kept in such a manner as to not be a nuisance to neighboring properties. No new roosters shall be permitted.
(b)
A minimum net lot area of 20,000 square feet is required to keep chickens.
(c)
No more than four hens/female chickens shall be permitted on properties with a net lot area between 20,000 square feet and one-half acre.
(d)
No more than eight hens/female chickens shall be permitted on properties with a net lot area between one-half acre and one acre.
(e)
No more than 12 hens/female chickens shall be permitted on properties with a net lot area between one acre and two acres.
(f)
No more than 18 hens/female chickens shall be permitted on any property.
(g)
Any chickens in excess of the permitted number of chickens permitted on any one (1) property, as provided herein, which are in existence prior to the effective date of this subsection shall be permitted to remain in excess of such limitation until the demise or other permanent removal of any such chicken from the property. No chicken in excess of such limitation shall be permitted to be replaced.
(2)
Permitting and inspection.
(a)
Any resident desiring to keep chickens shall apply for and obtain a chicken keeping permit from the Township, on a form available from the Code Enforcement Officer. The fee for a chicken keeping permit shall be set by resolution of the Board of Supervisors.
(b)
Chicken coops, chicken runs, and fences are not permitted to be installed before submitting a complete permit application to the Township and receiving approval from the Township Code Enforcement Officer.
(c)
If a tenant should wish to keep chickens on rented property, then the tenant must secure written authorization from the property owner, in a form acceptable to the Township Code Enforcement Officer, as well as conform to all other requirements as enumerated in this subsection. Both tenant and landowner shall be jointly and severally responsible for compliance with the provisions of this subsection.
(d)
The Code Enforcement Officer and/or their designee(s) shall have the right to inspect any chicken coop, chicken run, and fencing between 8:00 a.m. and 5:00 p.m. (Monday through Friday). The inspector shall issue any order deemed necessary to comply with any and all federal, state, county, and municipal codes. Twenty-four hours' notice shall be given to the property owner where practicable.
(3)
Keeping of chickens.
(a)
All chickens shall be kept in a sanitary and humane manner and in such a way as to not be a nuisance to adjoining property owners, as defined herein. All chicken waste shall be cleaned and disposed in a sanitary manner. The Township shall use the standards set forth at https://extension.psu.edu/small-scale-poultry housing as a general guideline for determining whether chickens are being kept in a sanitary and humane manner. The Township encourages chicken owners within the Township to utilize the practices referenced therein.
(b)
All chickens shall be housed within a secure, fully enclosed chicken coop which is contained within a fenced chicken run.
(c)
There shall be at least four square feet of space for each chicken within the coop and an additional 10 square feet of space per chicken within the chicken run.
(d)
The chicken run fence shall be made of durable materials, such as wood and wire mesh, extending underground for at least one foot and having an aboveground height of at least four feet and shall be of semipermanent construction. The chicken run shall also have a roof made of either wire mesh or aviary netting to protect against predators or a more permanent roof structure. The height of the chicken coop and chicken run shall not exceed six feet.
(e)
It shall be unlawful to let any chicken roam freely outside of the areas of the chicken coop and chicken run. Any fencing shall be extended underground for at least one foot and have an aboveground height of at least six feet.
(f)
Chicken coops, chicken runs, and fencing shall be located in the rear yard only and shall be no closer to any property line than permitted for an accessory structure within the applicable zoning district and no closer than 25 feet to any dwelling. All chicken coops, chicken runs and associated fencing may be required to be shielded from the view of adjacent properties with an additional appropriate fence or shrubbery with a minimum height of four feet, as determined by the Code Enforcement Officer in their sole discretion.
(g)
All chicken-related materials and feed must be kept in a secure enclosed structure on the premises so as to prevent vermin and any nuisance to surrounding neighbors.
(h)
All chicken waste must be cleaned up and stored in an insect-proof container. All chicken waste must be disposed of regularly in a sanitary way acceptable to the Township.
(4)
Slaughter.
(a)
Public slaughter is prohibited. Slaughter is permitted when conducted in the kitchen of the chicken keeper's private residence and all excess viscera is disposed in a sanitary manner.
(b)
Commercial slaughter is prohibited.
(5)
The sale of chickens or chicken eggs for commercial purposes is prohibited. De minimus egg sales are permitted, as determined by the Code Enforcement Officer in their sole discretion, subject to the regulations of other agencies, where applicable.
(6)
It shall be unlawful and shall constitute a nuisance if any chicken, chicken coop/run, or fenced area produces odors or excessive noise at and beyond the property lines or attracts vermin, or is kept in an unsanitary condition and/or is otherwise a concern to public health in the discretion of the Code Enforcement Officer.
(7)
The keeping of chickens shall not be permitted as an accessory use on a property where such use is prohibited by a covenant, restriction, rule or regulation of a homeowners' or other association which includes the property. Permit applications for properties located in communities subject to a homeowners' association or other association shall include written approval from the appropriate authority authorizing permission to keep chickens, for the number of chickens permitted, and for the location and size of the chicken coop and run.
§ 160-219 Forestry.
[Added 2-19-2002 by Ord. No. 4-177]
Forestry, as defined in § 160-7B, shall be permitted in any zoning district in the Township, subject to the following regulations and requirements:
A.
Forestry activities shall be practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes. A plan shall be filed with the Township which shall provide measures for erosion and sedimentation control and the immediate replanting of trees on areas where existing tree growth has been harvested.
B.
Setbacks. Buildings, including accessory structures, and the harvesting or cutting of timber which is part of any forestry operation within the Township shall be set back from property lines and road frontages as follows:
(1)
Front yard setback: 100 feet.
(2)
Side yard setback: 100 feet.
(3)
Rear yard setback: 100 feet.
(4)
Setback from any residential building: 100 feet.
(5)
Setback from road frontages: 100 feet.
C.
Hours of operation. No forestry operations conducted in the Township shall commence operations of any machinery utilized in the forestry business, including motorized vehicles engaged in the business, until 7:00 a.m. and all such operations shall cease by 5:00 p.m., prevailing time, Monday through Friday, only.
D.
Exterior storage. Any exterior storage of lumber or forestry product or by-product shall comply with all recognized fire standards and safety standards and shall be screened from view with the planting of an appropriate evergreen screen.
E.
Deliveries or transport to and from the site. No deliveries to the location or transportation of product or by-product of the forestry operation shall be conducted except between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, only.
F.
External illumination. Any external illumination to be placed on the site as part of or to assist in the forestry operation shall be shielded from direct visual observation on any adjoining property or along any adjacent roadway.
G.
Signage and retail operations. No sale of any of the lumber or any other product or by-product of the forestry operation may be sold on the premises where the forestry operation is conducted.
§ 160-220 Exterior lighting.
[Added 4-5-2005 by Ord. No. 4-205]
A.
The purpose of this section is to improve the safety, travel conditions and general welfare of residents by the following methods of lighting design:
(1)
Control of direct glare from lighting fixtures.
(2)
Reduction of spill light onto adjacent properties.
(3)
Reduction of light pollution.
(4)
Selection of lighting fixtures that accomplish the above.
(5)
Promote lighting designs that provide the required security but do not cause a nuisance to neighbors or the traveling public.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIXTURE HEIGHT
The distance from the top of the light fixture to the ground level at the base of the light pole.
FOOTCANDLE
Standard unit of measure for illuminance on a given area. Specifically, this represents a value of one lumen per square foot of illuminance. All footcandles referenced in this section are initial footcandles and not maintained footcandles.
FULLY SHIELDED
Outdoor luminaires shielded or constructed so that all of the light rays emitted by the fixture are projected below a horizontal plane passing through the lowest point of the fixture. Refer to IESNA guidelines. These guidelines specifically state that the candlepower per 1,000 lumens does not numerically exceed 2.5% at an angle of 90° above (nadir) horizontal and 10% at a vertical angle of 80° above nadir. Dropped or sagged lens fixtures shall not be permitted.
GLARE or DIRECT GLARE
Light directly visible to a viewer's eye, either directly from a light source or reflected or refracted from the light source.
HORIZONTAL FOOTCANDLE (HFE)
The illuminance measured on a horizontal surface.
IESNA
Illumination Engineering Society of North America.
INITIAL FOOTCANDLE
Illuminance of light when new light fixtures and new lamps are energized. No dirt buildup is present and no use of maintenance factors applied to lighting calculations.
LIGHT TRESPASS (SPILL LIGHT)
Unwanted light received in areas beyond the property line of the illuminated area.
LUMINAIRE
The complete assembly of a light fixture that includes the lamp, lamp housing, poles, mounting brackets and all other accessories. The term "fixture" or "lighting fixture" when used shall also mean "luminaire."
MAINTAINED FOOTCANDLE
Illuminance of light adjusted for maintenance factor accounting for dirt buildup.
OUTDOOR LIGHT FIXTURES
Artificial illuminating devices that are used for illumination or advertisement, These devices may be utilized on a temporary or permanent basis. Areas used include, but are not limited to, the descriptions below:
(1)
Parking lots or garages.
(2)
Recreational areas such as fields, parks, stadiums or playgrounds.
(3)
Building facades, canopies or overhangs.
(4)
Roadway lighting.
RESIDENTIAL PROPERTY OR PROPERTY LINE
The property line of an individual property where individual lots exist or the perimeter property line of the overall residential development where there are no individual lots.
VERTICAL FOOTCANDLE
The amount of illuminance measured on a vertical surface.
C.
Luminaires and lamps.
(1)
All luminaires shall be fully shielded as defined in Subsection B.
(2)
All outdoor fixtures shall be installed and placed in such a fashion so that light trespass values meet or exceed the requirements for spill light as defined in this section.
(3)
Lighting sources for all exterior fixtures shall be LED (light-emitting diode); metal halide; high-pressure sodium; fluorescent or incandescent. Such lighting sources have a color temperature range between 2,200 to 2,400 kelvins.
[Amended 3-7-2017 by Ord. No. 4-244]
(4)
The installation of building-mounted light fixtures shall be governed by the following:
(a)
The maximum height of any luminaires within 80 feet of a residential zoning district shall be 14 feet. Lamps for these luminaires shall not exceed 175 watts. Fixtures within 80 feet of a residential zoning district shall be equipped with factory-prepared external shielding on all sides visible from that residential district.
(b)
A maximum height of 20 feet for all other areas. Lamps for these luminaires shall not exceed 250 watts.
(c)
All light fixtures mounted in canopies or overhangs shall be recessed and shall not have drop dish lenses. Any lenses shall be located at or above the horizontal plane at the bottom of the luminaire.
(5)
The installation of light fixtures installed within a building or structure having the capability of producing direct glare beyond the building's property line shall be governed by the following. This type of installation is representative for such buildings as multilevel parking garages and elevated ramps.
(a)
All fixtures along the perimeter of the structure that cause direct glare shall be factory equipped with external shields.
(b)
Any rooftop pole fixture on elevated parking structures shall be equipped with external shields.
(6)
The installation of individually mounted light fixtures shall be governed by the following:
(a)
The maximum height of any luminaires within 80 feet of a residential zoning district shall be 14 feet. Lamps for these luminaires shall not exceed 175 watts.
(b)
The maximum height of any luminaires for all other locations shall not exceed 25 feet. Lamps for these luminaires shall not exceed 400 watts.
(7)
Searchlights, beacon lights or similar fixtures that project a beam of light into the air are prohibited.
(8)
Neon lights. Flashing, signaling or traveling neon lights are not permitted under any circumstance. "Traveling" neon lights shall be defined as neon lights that give the appearance of motion of the light wave within the sign.
D.
Light trespass (spill light) shall apply to nonresidential, institutional or multifamily districts:
(1)
All light fixtures shall be fully shielded and shall be installed in such a manner that the light source and direct glare is not visible to any adjacent properties.
(2)
Light levels shall not exceed 1.0 initial horizontal footcandle at any property line adjacent to other nonresidential, institutional or multifamily district properties or public rights-of-way.
(3)
Properties adjacent to residential districts. The value of spill light shall not exceed 0.1 initial footcandle at the property line of the residential property or the development where the residential property exists.
(4)
Light level measurements shall be taken on a horizontal plane at the grade level.
E.
Lighting level guidelines.
(1)
Lighting levels for various uses shall be in accordance with the latest version of IESNA standards.
(2)
Lighting values mentioned in this section of the chapter shall take precedence over the light values recommended in the IESNA standards.
F.
Lighting control.
(1)
Lighting fixtures for off-street parking lots shall be turned off no later than one hour after the ending of the use on site except for lights which are necessary for security purposes.
(2)
Sports lighting for outdoor recreational facilities shall not be illuminated after 11:00 p.m., except to conclude a public noncommercial event which was in progress before 11:00 p.m.
G.
Plan submission.
(1)
Prior to the installation of any lighting system, plans must be submitted to the Township for review and approval.
(2)
Submitted plans shall include the following:
(a)
Site plans indicating light fixture locations.
(b)
Catalog information for all types of lighting fixtures utilized. This information shall include the fixture dimensions, design, lamp type, pole bases and lamp wattage.
(c)
Computerized point-by-point photometric calculations. Intervals for footcandle values shall be at a ten-foot minimum. Calculation plane for all footcandle values shall be at grade. Footcandle values shall be initial footcandles. Two sets of plots shall be prepared, vertical footcandles and horizontal footcandles.
H.
Applicable codes. All work shall be performed in strict accordance with the National Electric Code and all applicable local codes.
I.
Exceptions.
(1)
Outdoor lighting fixtures installed prior to the effective date of this section are exempt from the provisions of this section. Any upgrades or replacement of these fixtures, however, shall conform to this section.
(2)
Municipal, public noncommercial sports facilities, police, ambulance or any type of emergency department use.
(3)
Lighting required for road construction or utility construction.
(4)
Streetlights in a public road or public right-of-way.
(5)
All detached or attached single-family dwellings.
§ 160-220.1 Extended day-care center.
[Added 8-15-2017 by Ord. No. 4-246]
An extended day-care center, as defined in § 160-7B, and permitted in accord with the provisions of this chapter within the "Extended Day-Care Center Overlay Option, shall comply with all applicable provisions of this chapter, including the following regulations and standards:
A.
The purpose of this section is to recognize:
(1)
The unique use of an extended day-care center to help satisfy the needs of working families by having extended day-care resources in close proximity to employment centers; and
(2)
Certain properties, as identified herein, previously used for residential purposes and which are generally isolated from larger residential neighborhoods while having frontage along a major roadway, such as those classified as "collector road" but not including those designated as a "scenic road" in the Township's Comprehensive Plan, are properly situated for such a use.
B.
The property must be located in the R-1 Residence District on those lots specifically designated by the Board of Supervisors, including the following parcels: 66-00-07774-00-8 (Block 14, Unit 16) and 66-00- 07771-00-2 (Block 14, Unit 106).
C.
The property must have frontage on a collector street, as defined in the Township's Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 129, Subdivision and Land Development.
D.
A minimum lot area of two acres shall be required. The lot must conform to all other dimensional criteria of the R-1 Residence District.
E.
Parking shall be in compliance with the provisions of § 160-192(B)(2)(m), Day-care-homes, day-care centers, nursery schools or similar places. Angled parking shall be permitted. Overflow parking for special events shall be provided by use of temporary parking spaces on site or leasing of parking spaces within one mile of the property, subject to the satisfaction of the Township Zoning Officer.
F.
The outdoor play area shall be permitted in the side and rear yards.
G.
The building and outside play area shall conform to any and all regulations of the Commonwealth of Pennsylvania for child day care, as well as all applicable regulations for fire and panic, and have no barriers for the handicapped, and shall conform to all Township codes.
H.
A membership and completion of a registration packet shall be required for every child who attends the extended day-care center, including those children who do not attend the extended day-care center on a regular basis. The evening and weekend programs at the extended day-care center shall require a reservation at least 24 hours in advance in order for the proper teacher-to-child ratio to be met.
I.
Signage for the extended day-care center shall be limited to one on-premises sign, which may be either a facade sign with a maximum area of 30 square feet and a maximum height of 10 feet or a ground sign with a maximum area of 16 square feet and a maximum height of five feet. If the sign is illuminated, the illumination shall be extinguished no later than one hour after closing or at 12:00 midnight, whichever is earlier. Changeable text electronic signs are not permitted.
J.
If an existing building is used or adapted for use as an extended day-care center by keeping some portion of the existing walls, any existing dimensional nonconformities may continue. A vertical expansion of the nonconforming building shall be permitted which does not exceed the height limitations of all other buildings or structures in the zoning district and which does not exceed the existing yard setbacks.
K.
A property used for an extended day-care center as may be designated by the Board of Supervisors shall comply with § 160-220, Exterior lighting.
§ 160-220.2 Flagpoles.
[Added 11-8-2017 by Ord. No. 4-247]
Notwithstanding any other restriction on accessory structures in this chapter (Zoning), up to three flagpoles may be placed in the front yard, side yard, or rear yard of any lot, but each flagpole shall be set back from any lot line or ultimate right-of-way line a distance at least equal to the height of the flagpole. In residential districts, flagpoles may not exceed 25 feet in height. In nonresidential districts, flagpoles shall be subject to the same height requirements applicable to principal buildings. Flags flown on the flagpoles must meet the requirements of Article XXVI (Signs) of this chapter.
