Willistown Township
City Zoning Code
City Zoning Code
ARTICLE IV
RU Rural Districts
§ 139-11 Intent; regulations to apply.
A.
RU Rural Districts are intended to facilitate agricultural, conservation, recreation and other open space purposes; to protect and preserve prime agricultural land and the continued viability of agricultural security areas; to recognize the relationship and continuity of development with viable agricultural operations; to protect and preserve natural and historic resources; and to promote and provide for a rational pattern of Township growth. Accordingly, the districts contain use and area regulations which provide for farming and very low density dwellings; discourage premature and scattered, isolated higher density development which is difficult to service adequately, yet make provision for higher density development under given conditions; facilitate the conservation of agricultural, creek valley and woodland areas; and facilitate the conservation and proper utilization of groundwater supplies and control of surface water flooding.
[Amended 6-25-2001 by Ord. No. 4-2001]
B.
In RU Rural Districts, the following regulations shall apply.
§ 139-12 Use regulations.
[Amended 4-24-1984 by Ord. No. 3-1984]
A building may be erected, altered or used and a lot may be used or occupied for any one of the following purposes, and no other:
A.
Single-family detached dwelling.
B.
Woodlands, game preserve or other conservation purpose.
C.
Public school and public park owned and operated by a public agency.
D.
Agriculture, provided that any building used for the keeping of livestock, poultry and horses shall be located not less than 100 feet from any street line and not less than 50 feet from any other property line.
[Amended 10-27-1997 by Ord. No. 5-1997; 9-11-2000 by Ord. No. 6-2000; 6-25-2001 by Ord. No. 4-2001; 9-1-2022 by Ord. No. 2-2022]
E.
Township or governmental use.
[Amended 4-12-1994 by Ord. No. 1-1994; 12-15-2014 by Ord. No. 8-2014]
F.
The following uses when authorized by the Zoning Hearing Board as a special exception, subject also to the requirements of § 139-122:
G.
Notwithstanding the limitations set forth above, permitting one principal use only on each lot, accessory uses are also permitted on the same lot with the principal use, provided that such accessory use is on the same lot with the permitted principal use and is customarily incidental to the principal use on said lot, which principal use shall be any one of the uses permitted in Subsections A through F above, inclusive. Except for the following, an accessory use shall not include a business:
[Amended 4-24-1984 by Ord. No. 3-1984; 7-10-1990 by Ord. No. 3-1990; 9-26-1995 by Ord. No. 7-1995; 9-11-2000 by Ord. No. 6-2000; 12-9-2002 by Ord. No. 10-2002; 7-19-2004 by Ord. No. 6-2004; 9-1-2022 by Ord. No. 2-2022]
(1)
Private swimming pool, garage, stable, greenhouse or tennis court.
(2)
A home occupation use, subject to the provisions for no-impact home-based business contained in Act 247, the Pennsylvania Municipalities Planning Code (MPC), as amended,[2] and as herein listed:
(a)
No-impact home-based businesses are those businesses or commercial activities 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.
(b)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(c)
The business shall employ no employees other than family members residing in the dwelling.
(d)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(e)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(f)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(g)
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.
(h)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(i)
The business may not involve any illegal activity.
(j)
The permission granted herein shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common-interest ownership community.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
An accessory apartment, provided that:
(a)
A zoning permit as required by § 139-113 below is obtained prior to occupancy thereof and is annually renewed thereafter;
(b)
The payment and/or receipt of rent or other consideration, no matter how or in what form demanded or paid in connection therewith, shall be prohibited;
(c)
The title owner of the principal residence shall reside on the premises throughout the period of occupancy of the accessory apartment;
(d)
No more than one accessory apartment shall be permitted with respect to a principal residence unless conversion to a three-family use is permitted by the Zoning Hearing Board pursuant to § 139-92 below;
(e)
There shall be a suitable common internal access to the apartment and the principal residence;
(f)
The residents of the apartment shall be related by blood, marriage or adoption to the owner(s) of the principal residence; and
(g)
The residents of the apartment shall not maintain more than two motor vehicles.
(4)
Direct commercial sales of agricultural commodities upon property owned and operated by a landowner who produces not less than 50% of the commodities sold. Such direct sales shall be authorized without regard to the 50% limitation under circumstances of crop failure due to reasons beyond the control of the landowner.
(a)
Any structure used for such sale shall be located not less than 40 feet from any street line;
(b)
Not more than two signs advertising the sale of such agricultural commodities may be erected and maintained in compliance with the provisions of § 139-110.
(c)
Any structure used for the direct commercial sale of agricultural commodities shall be removed or kept in good condition during seasons in which agricultural commodities are not being offered for sale.
(d)
Marketing activities in furtherance of, or customarily incidental to, the sale of agricultural commodities shall also be permitted, provided that all revenue collected is related to the sale of agricultural commodities. Such marketing activities include, but are not limited to, pick-your-own and cut-your-own produce, instruction to customers in horticulture or other disciplines related to the agricultural commodities produced by the owner or operator of the property, tastings and free samples of agricultural commodities, and tours of the agricultural facilities on the property.
[Added 1-23-2023 by Ord. No. 1-2023]
§ 139-13 Area and height regulations.
A.
Lot area and width. Except as otherwise provided in § 139-153E (OSC Open Space Conservation District), a lot area of not less than four acres per family shall be provided for every principal building erected, altered or used; and each lot shall have a lot width of not less than 300 feet at the building line.
[Amended 11-10-2008 by Ord. No. 4-2008; 9-9-2024 by Ord. No. 6-2024]
B.
Building area. Not more than 10% of the lot area may be occupied by buildings.
[Amended 5-14-2001 by Ord. No. 1-2001]
C.
Yards. Front, side and rear yards shall be provided for each lot as follows:
D.
Height. No building other than a farm building shall exceed 35 feet in height.
E.
Impervious coverage. Not more than 13% of the lot area may contain impervious surfaces.
[Added 5-14-2001 by Ord. No. 1-2001]
F.
Parcel yield (maximum number of lots or density). For any parcel involving protected land, the maximum number of lots and/or dwelling units shall be determined by applying the natural resource protection and density calculations referenced in § 139-158 of this chapter and § 73-11.1 of the Willistown Township Environmental Protection Ordinance. Density shall be no greater than that which the underlying zoning, subdivision and environmental protection regulations would permit.
[Added 8-22-2005 by Ord. No. 2-2005]
§ 139-14 Access to street.
Each lot must have access to a street as defined in Chapter 123, Subdivision and Land Development, which street may be either publicly or privately owned, such access to be of a minimum, contiguous width of 25 feet at the place of abutment of the lot with the street and at every point from the place of abutment to the remainder of the lot which is to be used for access to and egress therefrom.
§ 139-15 Multiple uses.
[Amended 4-24-1984 by Ord. No. 3-1984]
A.
Notwithstanding the limitations set forth above, limiting each lot to one principal use, on lots of 10 acres or larger, an additional principal use shall be permitted for each 10 acres held as a single lot (e.g., a lot of 35 acres may have three total principal uses, a lot of 45 acres may have four total principal uses, etc.), provided that each principal use shall be sited on the lot so that a new lot can be created for each such principal use in accordance with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the Township of Willistown in effect at the time of the creation of the additional principal use.[1]
[1]
Editor's Note: Former Subsection B, as amended, which immediately followed, regarding public or quasi-public uses allowed by conditional use, was repealed 12-15-2014 by Ord. No. 8-2014.