Township of Spring, PA DISTRICT REGULATIONS

In the event that the Official Zoning Map becomes damaged, lost or difficult to interpret because of the nature or number of changes, the Township Board of Supervisors may, by resolution, adopt a new Official Zoning Map which shall supersede the previous map. The new Official Zoning Map shall be identified by the signatures of the Chairman or President of the Board of Supervisors, attested by the Township Secretary, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. _____ known as the Zoning Ordinance of Spring Township," together with the date of adoption of the resolution.

Unless the previous Official Zoning Map has been lost or has been totally destroyed, the previous map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

District Boundary Lines. The district boundary lines shall be shown on the Official Zoning Map. Where uncertainty exists as to the boundaries of districts, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following municipal limits shall be construed as following such municipal limits.

Boundaries indicated as following railroad lines or railroad rights-of-way shall be construed to be midway between the main tracks or, if there are no tracks, to the center of the right-of-way.

Boundaries indicated as approximately following the center lines of streams or other bodies of water shall be construed to follow such center lines and, in the event the stream or other body of water moves, the boundary shall move with the center line of such.

(6)

Boundaries indicated as approximately following the edge or banks of streams or other bodies of water shall be construed as following such edges or banks and, in the event the stream or body of water moves, the boundary shall move with the edge or bank of same.

(7)

Boundaries indicated as parallel to or extensions of features indicated in Subsection 1D(1) through (6), above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map to carry out the spirit and intention of the zoning boundary designation.

(8)

Where physical features existing on the ground are alleged to be at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsection 1D(1) through (6), above, it shall be the function of the Zoning Officer to interpret and apply the map.

(9)

Where one or more district boundary lines divide a lot held in single ownership, the regulations of one of the districts on either side of any such boundary line may be chosen by the owner to apply to the portion of such lot in the district on the other side of such line for a distance of not more than 50 feet beyond the district boundary lines, provided lot, or area and setback requirements are met for said portions.

§ 27-204 Use Regulations.

[Ord. 2007-03, 5/2/2007, § 204; as amended by Ord. 2012-04, 5/7/2012]

The use of land and structures shall be limited to only the primary and accessory uses permitted in each zoning district, unless specifically permitted, exempted or otherwise modified by this or other sections of this chapter. Uses not otherwise permitted under the zoning ordinances of the member Municipalities of the Nittany Valley Regional Comprehensive Plan, shall be deemed to be permitted within the Heavy Industrial District. In addition to the regulations stipulated for each use elsewhere in this chapter, the following use regulations shall apply:

Primary Uses. Where more than one primary use is planned for a single lot, each use must conform to the lot, yard setback, maximum height and all other regulations contained herein.

Accessory Uses. All accessory structures, except where otherwise permitted by this chapter, shall comply with the lot, yard setback and maximum height requirements for the primary use to which such structure is accessory. Accessory uses and structures may include, but are not limited to, the following:

Apartment. A single-family detached dwelling may include a one bedroom apartment, provided that (a) such apartment is part of the dwelling; (b) the total floor area of the apartment does not exceed 700 square feet; (c) one additional off-street parking space is provided; and, (d) no more than two persons occupy the apartment, (e) dwellings containing an apartment shall be owner-occupied.

Dwelling Unit in Commercial District. All commercial buildings permitted in the IC and HC Districts may include one dwelling unit.

Retail Outlets. Industrial uses may include a retail factory outlet for the sale of those products produced on the premises; provided, that the floor area of such outlet does not exceed 10% of the total floor area of the primary structure or, if there is more than one use in the primary structure, 10% of the particular use, whichever is less. Wholesale distribution use may include retail sales to the general public as an accessory use provided that total accessory uses do not exceed 10% of the total floor area of the use. Any such retail outlet use must comply with the parking requirements.

Swimming Pools. Swimming pools are permitted as accessory structures in any district, provided that outdoor pools capable of containing water 18 inches or more in depth shall meet the following requirements:

No swimming pool may be located in any front or side yard setback area, but may be located in the rear yard setback area; provided, that no part of the pool, excluding paved areas, accessory structures and fencing, shall be located within 10 feet of rear property line nor from the side lot line of a distance equivalent to the side yard setback for an accessory structure within the applicable district.

Concrete, stone or other landscaping around a pool shall conform to building setbacks of five feet to rear and side property lines.

All required fencing shall conform to International Building Code requirements.

Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises so as not to become a nuisance or annoyance to adjacent property owners.

Accessory Buildings.

Small accessory buildings of not more than 192 square feet in ground floor area and not more than 10 feet in height are permitted in the side and rear yard setback areas, provided they are not placed closer than five feet from any lot line. Two abutting property owners may erect a common accessory structure across or abutting upon a common lot line in the rear yard setback area, provided that such property owners supply the Zoning Officer with a copy of a written agreement for the erection and use of the structure, which agreement has been recorded in the Office of the Recorder of Deeds.

Large accessory building (i.e., garages, etc.) of not more than 576 square feet in ground floor area and not more than 14 feet in height are permitted in the side and rear setback areas provided they are not placed closer than 20 feet from the rear yard lot line and 15 feet from any side yard setback or zoning district side yard setback (whichever is less).

Airports and Landing Strips. All airports and landing strips shall be designed and constructed in accordance with standards of the Federal Aviation Agency and the Pennsylvania Bureau of Aviation.

Automobile Service Stations. In addition to the district regulations specified, all automobile service stations shall meet the following regulations:

Dismantled Motor Vehicles. The dismantling of motor vehicles shall be performed within a completely enclosed building and all dismantled motor vehicles, and parts thereof, shall be stored within such buildings.

Fuel Pumps. Fuel pumps may be located within the front yard setback area provided such are at least 30 feet from any lot line.

Auto Wrecking, Junk and Scrap Establishments. In addition to the district regulations specified, all auto wrecking, junk and scrap establishments shall meet the following regulations:

All material shall be placed in such a manner that it is incapable of being transferred off the premises by wind, water or other natural cause.

No materials shall be placed within the front, side or rear yard setback areas. All yard setback areas shall at all times be kept clean, vacant and maintained with grass and vegetative cover.

All paper, cloth and rags and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

All materials and activities not within fully enclosed buildings shall be surrounded by a fence or wall at least six feet in height. Such fence shall be completely sight obscuring from the nearest point on the lot line and maintained in good condition. No such fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained, and shall be kept securely locked at all times when the establishment is not in operation. The yard setback areas should be planted in grass, trees, bushes and other vegetative cover.

All gasoline and oil shall be drained from any junked motor vehicle into containers and stored at only one above ground location on the premises.

(6)

Fire hazards shall be minimized by the segregation of combustible from noncombustible materials, and the provision of adequate aisles for escape and firefighting equipment.

(7)

The storage of material in piles shall not exceed 10 feet in height.

(8)

The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water.

(9)

Every structure erected upon the lot after the enactment of this chapter shall be of fireproof construction.

(10)

No structure or storage shall be within 100 feet of a body of water, stream or sinkhole.

Child Day Care Centers. In addition to the district regulations specified, all child day care centers shall meet the following requirements.

Child day care centers shall be located only on lots with direct motor vehicle access onto collector or arterial streets in the districts where they are permitted uses.

All outdoor play areas shall be completely enclosed by a fence or wall with a minimum height of four feet and screened by an evergreen planting which shall reach a height of at least six feet at maturity and a minimum height of four feet at planting. Such play areas shall not be placed in the front or side yard setback area.

Flag Lots. In addition to the district regulations specified, in the conservation and residential districts, lot requirements and setback requirements different from those set forth in the appropriate subsection shall be allowed if the following standards and criteria are met:

A lot, which is possibly subject to further subdivision under the ordinances or resolutions of the Township of Spring as they then currently exist, need not meet the minimum lot width requirements at the street line as set forth in this chapter so long as the lot shall be a minimum of 50 feet at the street line and shall be no less than 50 feet wide at all points from the street line to the point at which the lot meets the minimum width requirements.

A lot, which is not possibly subject to further subdivision under the ordinances or resolutions of the Township of Spring or that is covered by restriction of deed on further subdivision as they then currently exist, need not meet the minimum lot width requirements at the street line as set forth in this chapter so long as the lot shall be a minimum of 25 feet wide at the street line and shall be no less than 25 feet wide at all points from the street line to the point at which the lot meets the minimum width requirements.

In determining the minimum size of a lot and maximum coverage of a lot, only that portion of the lot described pursuant to Subsection 1G(5), below, shall be considered in making such calculations. In determining maximum impervious coverage of a lot, the total lot area shall be considered in making such calculations.

In determining the location of front yard setback requirements, the front yard setback shall be calculated in reference to the lot described pursuant to Subsection 1G(5), below.

If there is a discernible pot handle (the extension of the side lines of the lot intersect within the lot or on a line of the lot) only that portion of the lot within the intersecting lines shall be considered for purposes of Subsections 1G(1) through (4).

If there is not a discernible pot handle, only that portion of the lot which is to the rear of the line parallel to the front line (or parallel to the tangent at the mid-point of a curved front line) where the lot first reaches the lot minimum width requirements as set forth in the lot requirements of this chapter will be considered for purposes of Subsections 1G(1) through (4).

(6)

In laying out of the flag lots, the Zoning Officer shall determine whether some or all of the following goals will be met before approving the use of the flag lots:

Creation of the flag lot will eliminate access from the lot to an arterial or collector street.

Creation of the flag lot will make better use of an irregularly shaped property.

Creation of the flag lot is consistent with a design and layout creating the minimum number of flag lots in the subdivision, taking into account Subsections 1G(6)(a) and (b) above.

Home Occupations. Home occupations shall be permitted as accessory uses in dwellings subject to the following regulations:

Permitted Home Occupations. Permitted home occupations shall include:

Offices for attorneys, accountants, engineers, architects, real estate and insurance brokers, barbers and beauticians.

Artists, artisans, writers, studios.

Teachers of no more than three students at any one time.

Babysitting of no more than six children who are not members of the family or equivalent residing in the dwelling.

(e)

Domestic Services. Such as cooking, catering (but not for on-site service of food, nor for production of food to be sold for resale through wholesale or retail stores) and serving for individuals.

(f)

Other occupations which do not create objectionable noise, glare, smoke, odor, vibration, electrical interference, fire hazard, substantially increase traffic or hazard or nuisance.

Prohibited Occupations. Among the uses which shall not be interpreted as permissible home occupations are:

Motor vehicle repair.

Animal hospital.

Commercial stables or kennels.

Funeral homes or mortuaries.

(e)

Restaurants.

Regulations. All home occupations shall conform to the following regulations in order to be permitted:

The home occupation shall be carried on completely within the dwelling unit and confined to the ground floor.

The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit plus not more than one full-time additional employee or equivalent.

The total area of the accessory use shall not exceed 25% of the first floor area ("foot print") of the dwelling and shall be devoted to the home occupation.

Articles sold or offered for sale on the premises shall be limited to those produced wholly on the premises.

(e)

There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients except as permitted in the Sign Ordinance [Chapter 19]. Nor shall there be any exterior storage of wares or materials.

(f)

No exterior alterations, additions or changes to the residential character of the dwelling unit shall be permitted in order to accommodate or facilitate a home occupation.

(g)

Repetitive servicing by truck or service vehicle for supplies and materials shall not exceed an average of one truck per day servicing the home occupation.

(h)

The home occupation shall comply with all other provisions of this chapter.

(i)

Adequate parking and parking spaces shall be provided for residents, employees and for the reasonably expected needs of persons visiting the premises because of the home occupation and conformity with the parking regulations of this chapter.

Uses Omitted and Prohibited. This chapter is intended to apply to all conceivable uses and structures. If there is any doubt as to the classification of a particular use or structure under this chapter, the Zoning Officer shall interpret the chapter by determining the district in which the use or structure shall be permitted and the lot, yard setback, height and other regulations which shall apply to the particular use or structure. Under no circumstances, however, shall the following uses be permitted in any district in the Township.

Any dumping, depositing or filling with refuse, garbage or building debris not in accordance with State regulations or this chapter.