Unless otherwise specified elsewhere in this chapter, the regulations contained in this Article VII of this chapter shall apply to all uses within Fairview Township.
A.
In all zoning districts, accessory solar energy systems are permitted
subject to the following criteria:
(1)
The design and installation of solar energy systems shall conform to Chapter 113 relating to code enforcement, Uniform Construction Code, and with all other applicable Township electrical, fire, life safety, and other similar standards.
(2)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories, the
American Society for Testing and Materials (ASTM), or other similar
certifying organizations. The manufacturer's specifications shall
be submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure
solar access without reliance on or interference from adjacent properties.
(4)
All solar energy systems shall be designed and located to prevent
reflective glare toward any inhabited structure on adjacent properties
as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines that are part of the solar
energy system shall be placed underground.
(6)
All solar energy systems shall be inconspicuously sited when viewed
from adjacent street rights-of-way.
(7)
All solar energy systems shall be sited so that tree removal is not
required. If any trees are to be removed, the applicant shall submit
a plan demonstrating the need to remove trees and a plan for the replacement
of the trees.
(8)
Roof- and wall-mounted solar energy systems shall be sited in accordance
with the following:
(a)
Solar energy systems located on the roof of any structure shall
not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure
shall not extend vertically above the highest point (peak) of the
pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure shall
be the same slope as, or parallel to the pitched roof.
(d)
Solar energy systems located on a flat roof shall not exceed
15 feet in height above the height of the roof. In all zoning districts,
such facilities shall be screened by parapets, walls, fences, or other
approved means as viewed from the lot line, except for the IB and/or
AB Zoning Districts.
(e)
All solar energy systems mounted on roofs and walls of any structure
shall be subject to the maximum height regulations specified within
the applicable zoning district.
(f)
No solar energy system shall be attached to, or sited along
the front facade (wall) or front building line of any principal building.
(g)
Solar energy systems located on a wall of any principal structure
shall not extend more than two feet into any required setback.
(9)
If the solar energy system is unable to be located on a roof or a
wall of a structure as is preferred, then placement of freestanding,
ground-mounted solar energy systems shall be provided in accordance
with the following:
(a)
In addition to any yard and setback requirements set forth in
this section all freestanding, ground-mounted solar energy systems
shall comply with all yard and setback requirements for accessory
structures in the applicable zoning district.
(b)
All freestanding, ground-mounted solar energy systems shall
be set back from all property lines and street rights-of-way a distance
equal to the total height of the solar energy system.
(c)
Freestanding, ground-mounted solar energy systems shall not
exceed 15 feet in height.
(d)
For purposes of determining the maximum surface area of all
freestanding, ground-mounted solar energy systems, the maximum surface
area shall be considered the total surface area of the cumulative
solar panels; where two or more panels are grouped together, the total
dimensions (length and width) of each panel, array, cell, etc. shall
be the cumulative dimension of the panels. The maximum surface area
of all freestanding, ground-mounted solar energy systems on any lot
in:
[1]
Residential use shall not exceed 15% of the total lot area;
and in
[2]
Nonresidential use, except for the RL, VB, CB, IB and/or AB
Zoning Districts, shall not exceed 25% of the total lot area.
[3]
There shall be no maximum surface area requirement in the RL,
VB, CB, IB and/or AB Zoning Districts.
(10)
All applications for solar energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A completed glare study ensuring that reflective glare is not
directed towards nor upon any adjacent properties or adjacent street
rights-of-way. The glare study shall include:
[1]
Angle of the solar energy system panels at the location;
[2]
A diagram showing the maximum and minimum angles of reflective
glare from the solar energy system panels at the location and the
relationship of that glare to adjacent properties, structures and
rights-of-way; and
[3]
Mitigation plan that limits or eliminates reflective glare on
adjacent properties, structures, and rights-of-way.
(b)
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system, and applicable requirements of Chapter 113 relating to code enforcement, Uniform Construction Code; and
(c)
Confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
(11)
Prior to the issuance of a permit for the installation of a
solar energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection. Off-grid
systems shall be exempt from this requirement.
B.
In all zoning districts, accessory wind energy systems are permitted
subject to the following criteria:
(1)
The design and installation of wind energy systems shall be in strict accordance with Chapter 113 relating to code enforcement, Uniform Construction Code, and with all other applicable Township electrical, fire, life safety, and other similar standards.
(2)
The design and installation of all wind energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, the American Society
for Testing and Materials (ASTM), or other similar certifying organizations,
or as approved under an emerging technology program such as the California
Energy Commission, International Electotechnical Commission, or any
other wind certification program recognized by the American Wind Energy
Association (AWEA) or the U.S. Department of Energy. The manufacturer's
specifications shall be submitted as part of the application.
(3)
All on-site utility and transmission lines as part of the wind energy
system shall be placed underground.
(4)
All wind turbines shall have a flat finish and nonobtrusive colors
such as white, off-white, or gray as applied by the manufacturer in
order to reduce the visual impact.
(5)
All wind turbine towers shall be painted silver or have a galvanized
finish retained in order to reduce the visual impact. Towers may be
painted green or brown up the height of nearby trees.
(6)
All wind energy systems shall be equipped with manual—electronic
or mechanical—and automatic overspeed controls to limit the
blade rotation speed to within the design limits of the wind energy
system.
(7)
Wind energy systems shall not be installed in any location where
they would interfere with existing fixed broadcast, retransmission,
or reception antenna. This includes interference with residential
radio, television, or wireless phone, or other personal communication
system reception. No wind energy system shall be installed in any
location along the major axis of an existing microwave communication
link where its operation is likely to produce electromagnetic interference
in the link's operation.
(8)
All wind energy systems shall be sited to prevent shadow flicker
on any adjacent properties as well as any adjacent street rights-of-way.
(9)
Noise from wind turbines shall comply with Article VII of this chapter relating to performance standards for all uses. The maximum decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.
(10)
In addition to any yard and setback requirements set forth in
this section, all wind energy system shall comply with the yard and
setback requirements for accessory structures in the applicable zoning
district.
(11)
Wind turbines shall be set back a distance equal to the total
height of the wind turbine from all property lines, streets and other
rights-of-way, and overhead utility lines.
(12)
The maximum height of wind energy systems shall comply with
the following:
(a)
For all roof-mounted wind turbines, the height of the wind turbine
shall not exceed the height of the existing building by more than
15 feet.
(b)
For lots less than 1/2 acre in area, wind turbines shall be
roof-mounted. The maximum rotor diameter for wind turbines shall be
six feet.
(c)
For lots between 1/2 acre but less than one acre, the wind turbines
may be sited on wind turbine towers, the turbine height shall be limited
to 75 feet, or 20 feet above the tree line, whichever is lower.
(d)
For lots greater than or equal to one acre, wind turbines may
be sited on wind turbine towers, the turbine height shall be limited
to 120 feet or 40 feet above tree line, whichever is lower.
(e)
The maximum height of any wind turbine in the RL, VB, CB, IB,
and/or AB Zoning Districts, regardless of lot area, shall be 140 feet.
(13)
For all wind energy systems not otherwise mounted on a roof,
unauthorized access to the turbine and tower shall be prevented by
design, with a minimum of 12 feet from the ground to the bottom of
the ladder. All doors to the turbine and tower shall be locked.
(14)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground. If the wind turbine proposed is
a vertical axis wind turbine (also referred to as a "helix type" turbine
or VAT), the height between the lowest point of the turbine and the
ground may be reduced to eight feet.
(15)
Wind energy systems shall not be lighted, except to comply with
applicable Federal Aviation Administration (FAA) regulations.
(16)
No portion of any wind energy system shall extend over parking
areas, access drives, driveways or sidewalks.
(17)
Wind energy systems shall not display advertising, except for
reasonable identification of the wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
(18)
When an accessory building or structure is necessary for storage
cells or related mechanical equipment, the accessory building shall
comply with the accessory building and structure requirements specified
within the applicable zoning district.
(19)
All applications for wind energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A plot/site plan showing:
[1]
Property lines and physical dimensions of all areas of the subject
property that are within a distance equal to two times the total height
of the wind energy system.
[2]
Location, dimensions, and types of existing principal and accessory
structures on the property.
[3]
Location of the proposed wind energy system tower, foundations,
guy anchors, and associated equipment.
[4]
The rights-of-way of any public street abutting the property.
[5]
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer
and model, rotor diameter, tower height, and tower type—freestanding
or guyed.
(c)
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of Chapter 113 relating to code enforcement, Uniform Construction Code. A copy of the foundation analysis shall also be provided.
(20)
Prior to the issuance of a permit for the installation of a
wind energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection. Off-grid
systems shall be exempt from this requirement.
In all zoning districts, accessory buildings and/or similar
structures, including but not limited to detached garages, carports,
barns, storage buildings, sheds, garden structures, etc., are permitted
subject to the following criteria:
A.
Accessory buildings and similar structures shall not be erected,
set, placed or otherwise permitted to be constructed upon a lot until
the construction of the principal use has actually begun, except as
provided elsewhere in this chapter.
B.
Accessory buildings and similar structures shall be located no closer
than 10 feet to the closest point of any exterior wall of the principal
building on the same lot; otherwise, they shall be attached to the
principal building and shall be considered as part of that principal
building.
C.
Accessory buildings and similar structures shall comply with the
area and dimensional requirements of the applicable zoning district
relating to accessory buildings and similar structures, except as
otherwise provided for in this section:
(1)
For accessory buildings and similar structures located within the
RS, RMU, VR, and/or VMU Zoning District on a lot with a single-family
dwelling or a two-family dwelling use upon it:
(a)
No more than two accessory buildings or similar structures may
be located on a lot.
(b)
The total building footprint of all accessory buildings or similar
structures on a lot shall not exceed the building footprint of the
principal building on the same lot.
(c)
Accessory buildings and similar structures that are less than
10 feet in height and have a building footprint of less than 100 square
feet shall be set back at least two feet from any interior lot line,
and five feet from any exterior lot line coinciding with a street
or alley right-of-way.
(2)
For single-family semidetached and/or single-family attached dwellings,
accessory buildings and similar structures which are designed to abut
other accessory structures on abutting lots and may have the same
side setback as the principal building at the shared lot line, provided
that the owner of the abutting lot and building provides notarized,
written consent.
D.
In addition to any yard and setback requirements set forth in this
section, all accessory buildings and similar structures shall comply
with the yard and setback requirements for accessory structures in
the applicable zoning district.
In all zoning districts, all uses, as applicable, shall comply
with Township building, health, housing, rental, safety, property
and other applicable local, county, state, and federal code and licensing
requirements. All such licenses, certificates, and permits shall have
been obtained and presented to the Township, or shall be a condition
of approval.
In all zoning districts, for uses other than single-family detached
dwellings, single-family semidetached dwellings, and two-family dwellings,
appurtenant service structures and areas such as solid waste, trash,
and refuse containers; recycling containers; propane tanks; air-conditioning
units (except window units) and condensers; generators; electrical
transformers; and other similar apparent equipment or elements providing
essential services to a building or a lot are permitted, subject to
the following criteria:
A.
Appurtenant service equipment, structures, and areas for: solid waste,
trash, and refuse containers; recycling containers; propane tanks;
air-conditioning units (except window units) and condensers; generators;
electrical transformers; and other similar apparent equipment or elements
providing essential services to a building or lot shall not be located:
(1)
In the front yard between the principal building and the public street
(excluding alleys) or within any required front setback in the RL,
RS, RMU, VR, and/or VMU Zoning Districts;
(2)
In any required accessory use or structure setback (excluding those
lot lines abutting any alley) or a required buffer yard;
(3)
In any area of a parking lot that causes obstructed access to designated
parking spaces; nor
(4)
Within 10 feet of the RS and/or VR Zoning Districts or an abutting
existing residential use in the RL, RMU, and/or VMU Zoning Districts.
B.
In addition to the following requirements, all service structures and areas shall be screened on all sides with a minimum of 100% opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.
(1)
Required screening shall enclose any service structure on all sides
unless such structure shall be frequently moved, in which case screening
on all but one side is required.
(2)
Fencing, if erected, shall be constructed of the same color and material
as the principal building of a lot, but may be a decorative masonry
wall (excluding exposed "cinder block"). If solid weather-resistant
wood or material of similar appearance (such as white vinyl vertical
planks) is used, vegetative screen planting shall also be provided.
The fence or wall shall include a self-latching door or gate. In no
case shall chain-link material or pattern fencing be used for screening.
(3)
The average height of the screening shall be one foot more than the
height of the enclosed structure, but shall not be required to exceed
eight feet in height unless specified otherwise by this chapter.
(4)
When a service structure is located adjacent to a building wall,
perimeter landscaping material may fulfill the screening requirements
for that side of the service structure if that wall or screening material
is of an average height sufficient to meet the height requirement
set forth in this section.
(5)
Although service structures may be screened by plant material, such
plant material may not count towards the fulfillment of any required
landscaping.
(6)
Whenever screening material is placed around any solid waste or trash
disposal unit that is emptied or removed mechanically on a regular
basis, a fixed barrier (e.g., mounted metal brackets) to contain the
placement of the container shall be provided within the screening
on those sides where there is such material. The barrier shall be
at least 18 inches from the screening and shall be of sufficient strength
to prevent possible damage to the screening when the container is
moved. The minimum front opening of the screening shall be 12 feet
to allow service vehicles access to the container.
C.
Nonresidential kitchen windows capable of being open, and ventilation
equipment outlets and other similar equipment associated with food
service, restaurants, taverns/bars and other similar food and drink
service uses shall not be located or oriented directly toward any
abutting property in the RS and/or VR Zoning Districts or existing
residential use in the RL, RMU, and/or VMU Zoning Districts.
D.
All ventilation equipment outlets, fume collection, and other similar
equipment associated with any nonresidential service/repair work area(s)
and/or service/repair bay doors/openings for nonresidential uses,
shall not be located or oriented directly toward any abutting property
in the RS and/or VR Zoning Districts or existing residential use in
the RL, RMU, and/or VMU Zoning Districts.
E.
For all nonresidential uses, mixed uses, and multifamily dwelling
uses in the RL, RS, RMU, VR, and VMU Zoning Districts, all rooftop-mounted
equipment and other similar appurtenances such as stair wells, air-conditioning
units, large vents, heat pumps, and mechanical equipment, shall to
the maximum extent feasible, be inconspicuously sited on the roof,
screened via use of parapets, walls, fences, landscaping, or other
approved screening, or integrated to be within the roof form, so as
to not be viewed from adjacent street rights-of-way (excluding alleys).
When fencing is proposed to be used as a rooftop equipment screen,
it shall be designed to be architecturally compatible with the principal
building (including design, materials, and colors).
F.
The locations of all service structures and screening shall be shown
on all site plans and land development plans submitted to Fairview
Township.
G.
This section shall not apply to dumpsters temporarily placed during
actual construction or demolition on the premises.
In all zoning districts, buffering and screening shall be provided
subject to the following criteria:
A.
Required buffer yards and screening shall be provided on a lot proposed
for development of nonresidential uses, mixed uses, and/or higher-density
residential dwelling types and extend the entire length of the lot
line abutting the RS and/or VR Zoning Districts and/or lower-density
residential dwelling type lots. See Table 7-1 in this section for
the required minimum buffer yard widths and required minimum screening
opacity:
|
Table 7-1
Required Buffer Yards and Screening
| |||
|---|---|---|---|
|
Where a Permitted:
|
Abuts:
|
Minimum Required Buffer Yard Width
(feet)
|
Minimum Required Opacity of Screening
|
|
Nonresidential use in the RL, CB, IB or AB Zoning District
|
The RS or VR Zoning District or a lot with an existing residential
use
|
45
|
80%
|
|
Nonresidential use in the RS, VR, or VB Zoning District
|
The RS or VR Zoning District or a lot with an existing residential
use
|
35
|
80%
|
|
Higher-density residential dwelling type use (except as provided
in this table below)
|
A lot with an existing lower-density residential dwelling type
use (i.e., three-dwelling unit apartment abuts a single-family detached
dwelling)
|
25
|
90%
|
|
Nonresidential use or higher-density residential dwelling type
use in the RMU Zoning District
|
A lot with an existing lower-density residential dwelling type
use
|
15
|
90%
|
|
Nonresidential use or higher-density residential dwelling type
use in the VMU Zoning District*
|
A lot with an existing lower-density residential dwelling type
use*
|
5*
|
90%*
|
|
*
|
Where an existing or former residential building is being proposed
for reuse for a permitted nonresidential use, and where there is insufficient
distance between said building and the abutting lot line to achieve
the required buffer yard, there shall be no buffer yard required for
the area of the lot where said building is located, as long as screening
with no less than one-hundred-percent opacity is provided in the area
of the lot where said building is located. Remaining portions of the
lot shall comply with the buffer yard and screening requirements provided
for elsewhere in this section.
|
B.
No buffer yard shall be required for a nonresidential use, mixed
use, or higher-density residential dwelling type uses in the RMU and/or
VMU Zoning Districts that is separated from the RS and/or VR Zoning
Districts and/or existing lower-density residential dwelling type
lots by a public street right-of-way (excluding alleys).
C.
All required buffer yard areas shall be planted and maintained with
vegetative cover and living material, as well as any required screening,
and kept free of:
D.
Signs shall be permitted in a buffer yard that abuts a street right-of-way
line.
E.
Stormwater management facilities and structures may be maintained
within a buffer yard, but the existence of such facilities or structures
shall not be a basis for a failure to meet the screening requirements.
F.
Buffer yards may be crossed by access drives, driveways, sidewalks,
or easements with a maximum width of 35 feet, provided the center
line of the access drive, driveway, sidewalk, or easement crosses
the lot line and buffer yard at not less than 75°; however, no
turning or maneuvering of vehicles shall be permitted in the buffer
yard area.
G.
Buffer yards may be located within any required setback or yard.
H.
Screen plantings. Where screen plantings are provided in buffer yards,
said screen plantings shall be located in the exterior portion of
the required buffer yards, and shall be evenly spaced extending the
length of the lot line in accordance with the following:
(1)
Plant materials used in screen planting shall be of such species
as will produce, within two years, a year-round visual screen in accordance
with the standards set forth in Table 7-2 below:
|
Table 7-2
Required Buffer Yards and Screening
| |||||
|---|---|---|---|---|---|
|
Percentage Mix of Plant Materials Used as Required Screening
| |||||
|
Description
|
Minimum Height
(measured from the finished grade)
(feet)
|
Minimum Distance
(measured on center)
(feet)
|
Minimum
|
Maximum
| |
|
Trees
| |||||
|
Deciduous trees*
|
6
|
6
|
10%
|
20%
| |
|
Evergreen trees
|
6
|
6
|
15%
|
25%
| |
|
Shrubs
| |||||
|
Deciduous shrubs
|
4
|
3
|
25%
|
35%
| |
|
Evergreen shrubs
|
4
|
3
|
30%
|
40%
| |
(2)
Screen plantings shall be maintained permanently in a healthy condition.
Any screen plantings that die or are severely damaged shall be replaced
by the current property owner as soon as practical considering growing
seasons, within a maximum of 150 days.
(3)
Screen plantings shall be placed so that at maturity they will be
located not closer than two feet from any street right-of-way line
or property line.
(4)
In order to aid surveillance and minimize the potential for crime, screen plantings shall also be sited, massed, and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle in accordance with Chapter 260 relating to subdivision and land development shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
(5)
Screen plantings shall be interrupted only at:
(6)
Trees that are used in the planting of a buffer yard and elsewhere on the lot shall be in accordance with those identified within Chapter 260, relating to subdivision and land development, and Chapter 273, relating to trees.
(a)
If more than 20 evergreen plants are proposed, no more than
50% shall be of one species.
(7)
Screen plantings shall be provided between the lot line and any off-street
parking area, loading area, and any outdoor solid waste storage and
refuse area for any nonresidential use, multifamily dwelling use,
single-family attached use, and/or mixed use where the parking or
solid waste storage and refuse area abuts property in the RS, and/or
VR Zoning Districts or existing single-family detached dwelling or
two-family detached dwelling in the RL, RMU, and/or VMU Zoning Districts.
I.
Fences and walls as screening. Each buffer yard may include fences
and walls which shall be located in the interior portion of the required
buffer yards that extend the length of the lot line in accordance
with the following:
(1)
Fences and walls shall not be used as the sole means of complying
with required screening, and screen plantings shall be used in combination
with fences and walls.
(2)
Fences and walls that are placed in a buffer yard shall be located
between the principal use and related accessory uses, and any required
screen plantings.
(3)
Concrete and/or other similar block walls shall be painted or have
decorative colors on all sides.
J.
Berms as screening.
(1)
Each buffer yard may include berms in accordance with the following
requirement:
(a)
Berms shall be constructed with slopes not to exceed 33% with
side slopes designed and planted in such a manner so as to prevent
erosion and stormwater runoff, and with rounded-top surfaces that
are a minimum of two feet in width at the highest points of the berms,
extending the length of the berms.
(b)
The top of berms shall be planted with screen plantings.
K.
Existing vegetation. Each buffer yard may include existing vegetative
plantings including trees, shrubs and ground cover retained and maintained
so as to contribute to screening and buffering requirements.
Figure 7.1
Buffer and Screening Example
|
In all zoning districts, bus/transit shelters are permitted
subject to the following criteria:
A.
Bus/transit shelters may be located within any required yard or setback.
B.
Only the following signs shall be permitted:
C.
The location of a bus/transit shelter shall not interfere with pedestrian traffic along a sidewalk and shall be not located within a clear sight triangle as set forth in Chapter 260 relating to subdivision and land development.
D.
There shall be a legally binding commitment provided by a responsible
entity to properly maintain the bus/transit shelter and to remove
the shelter if it is not needed in the future or if it is not properly
maintained.
E.
Bus/transit shelters shall be durably constructed and shall be covered
by a roof. For security and safety purposes, the majority of the side
and rear walls of the bus/transit shelter shall be constructed of
a clear, shatter-resistant material.
In all zoning districts, crops/gardening is permitted, subject
to the following criteria:
A.
The use includes the sale of harvestable products, limited to those grown on-site, in accordance with roadside stand regulations in Article X of this chapter relating to roadside stands.
B.
Crops/gardening is not subject to yard or setback requirements, but
shall be located completely within the property boundary and no part
may coincide with any property line.
C.
All related accessory structures shall comply with requirements of
this chapter, including the requirements for accessory structures
in the applicable zoning district.
In all zoning districts, essential services are permitted as needed to provide service to lots, structures, and buildings. See also Article VII of this chapter relating to appurtenant service equipment screening and location for nonresidential and other uses.
In all zoning districts, fences and walls are permitted, subject
to the following criteria:
A.
Fences and walls along interior lot lines are not subject to yard or setback requirements, but the fence or wall shall be located completely within the property boundary, and no fence or wall may coincide with any property line. However, a small setback is recommended to provide an area within future maintenance may be performed. Otherwise, fences and walls along exterior lot lines shall comply with the required setbacks set forth in Article VII relating to accessory buildings and similar structures.
B.
Fences and walls shall be durably constructed and well-maintained.
Fences and walls that have deteriorated parts and materials shall
be replaced or removed.
D.
No fence or wall shall be erected in a street right-of-way or other
rights-of-way or easements, including public or private drainage,
utility or access easements, unless otherwise required by this chapter
and/or any other chapter in the Code of the Township of Fairview.
E.
Fences and walls located in the front yard between the principal
building and the street (excluding alley) in the RS, RMU, VR, and/or
VMU Zoning Districts shall:
(1)
Be an open type of fence (such as picket, metal post, wrought iron
or split rail) with a minimum of 50% open area to 50% structural area;
(2)
Not exceed 48 inches in height, but within the VR and VMU Zoning
Districts, the height of any fence or wall may exceed 48 inches by
one additional foot for each two additional feet by which the fence
or wall is set back behind the principal building's front facade
or building line.
(3)
Not be constructed of chain-link material or pattern. Fences shall
not be constructed of corrugated metal, corrugated fiberglass, or
sheet metal. Fences are encouraged to be constructed using weather-resistant
wood, vinyl materials that resemble wood, or vinyl materials that
resemble historic-style metal post fences.
(4)
Fences
and walls located in a front yard between the principal building and
the street (excluding alleys) shall be set back at least five feet
from the front property line or street right-of-way, whichever is
closest to the principal building.
[Added 1-25-2016 by Ord.
No. 2016-1]
F.
Fences and walls that are located within the RS, VR, RMU, and/or
VMU Zoning Districts and/or upon a lot with a residential use upon
it shall not exceed eight feet in height along the side and rear lot
lines.
G.
Fences within the other zoning districts shall not exceed 12 feet
in height.
H.
Any fence or wall exceeding six feet in height shall comply with Chapter 113 relating to code enforcement, Uniform Construction Code.
I.
Structural posts of a fence shall not extend more than six inches
above the height of the fence.
J.
Unless required for security purposes, no fence or wall shall be
constructed of barbed wire, razor, or other sharp components capable
of causing injury, and only then if the portion of the fence containing
barbed wire, razor, or other sharp components capable of causing injury
is not lower than six feet above the average surrounding ground level.
K.
No fence or wall shall be constructed out of fabric, junk, inoperable
vehicles, appliances, tanks or barrels.
L.
If one side of a fence or wall includes posts and supports (framework)
that clearly are not designed and integrated as a decorative feature
of the fence, or if one side of a fence or wall does not match design
patterns of the opposite side, then the side of the fence, including
the framework, shall be placed to face toward the interior of the
lot upon which is located, as opposed to the side of the fence which
it faces a street or abutting lots.
M.
Brick may be used for posts or as a base for a fence or wall, provided
the maximum fence or wall height for the fence or wall portion is
not exceeded.
N.
Walls, in addition to the applicable standards provided in this subsection,
shall also comply with the following standards:
(1)
Engineered retaining walls necessary to hold back slopes are exempt
from the regulations of this section and are permitted by right as
needed in all zoning districts.
(2)
Walls that are structurally part of a building shall be regulated
as part of that building or structure.
(3)
Concrete and/or similar other block walls shall be of a decorative
nature, painted or have decorative colors and/or materials on all
sides that face outward away from or toward the exterior of the lot
or parcel upon which it is located, as opposed to facing toward the
interior of the lot.
O.
One arbor, gate, awning, canopy, trellis or similar decorative garden structure not exceeding 10 feet in height and four feet in width shall be permitted within the front yard, provided that it is not within a clear sight triangle as required in Chapter 260 relating to subdivision and land development.
In all zoning districts, the following height exceptions and
alterations shall apply:
A.
Height regulations shall not apply to the following structures, provided
the structures do not exceed the height limitations of the applicable
zoning district by more than 15 feet; penthouses including those not
intended for human occupancy; skylights; steeples of places of worship;
antennas (excluding telecommunication signal site antenna); flagpoles,
roof- or building-mounted wind energy systems; spires; belfries; cupolas;
domes; chimneys; ventilators; water tanks; bulkheads; utility poles
or towers; clock or bell towers; elevator shafts; mechanical equipment
or other appurtenances usually required to be and customarily placed
above roof level and not intended for human occupancy.
B.
C.
The height of any principal structure may exceed the maximum permitted
height requirements by one additional foot for every one additional
foot that the width of each yard exceeds the required yard and setback
regulations for principal structures within the applicable zoning
district.
In all zoning districts, the hours of operation and management
of activities of proposed nonresidential uses and mixed-use developments
shall be appropriately scheduled, operated, and maintained to protect
the existing neighborhood and residential uses from detrimental noise,
disturbance, or interruption. A "hours of operations and management
plan" shall include the following, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
section:
A.
Address of the premises of proposed use, including tax parcel identification
number.
B.
Name and general and specific type of the proposed use (e.g., commercial
use, retail sales).
C.
Name and related contact information of the owner, on-site manager,
and/or other authorized agent of the proposed use and the lot [e.g.,
telephone number(s), email address, etc.].
D.
The nature of the on-site activities and operations involved in the
proposed use (e.g., the type of products, materials, equipment and/or
processes, etc.).
E.
Advertising associated with the proposed use, as applicable.
F.
Estimated number of employees, patrons, and/or occupants, including
per shift and maximum permitted occupancy, as applicable.
G.
The gross floor area of the building(s) and gross area of the lot
devoted to the proposed use.
H.
Estimated amount of sales from the proposed use, as applicable.
I.
General description of the land uses adjacent to the property and
on the same block.
J.
Intended market area/service area of the proposed use, as applicable.
K.
Vehicles and traffic associated with the proposed use (e.g., employees
and customers/occupants deliveries, loading, etc.).
L.
Hours and days the proposed use will be open and/or operating including
any expected "special events," as applicable.
M.
The disposal of materials will be accomplished in a manner that complies with Township, state, and federal regulations, including but not limited to those listed in Article VII of this chapter relating to nonresidential and other uses waste handling requirements.
N.
A discussion of any possible impacts and/or problems the proposed use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts/problems. The applicant shall further furnish evidence that the impacts generated by the proposed use will be within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Article VII of this chapter relating to performance standards for all uses.
In all zoning districts, landscaping and vegetation shall be
subject to the following criteria:
A.
Any part of a lot which is not used for structures, buildings, access
drives, driveways, loading areas, parking spaces and aisles, sidewalks
and designated storage areas, other structures, or hardscaping shall
be provided with an all-season, well-maintained ground cover including
trees and shrubs.
B.
In order to aid surveillance and minimize the potential for crime, plantings shall be sited, massed, and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle in accordance with Chapter 260, relating to subdivision and land development, shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
C.
Vegetation preservation. Existing vegetation preservation is governed by the standards in this section and the provisions of the PA MPC. The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted when in conformance with the provisions of this chapter, Chapter 260, relating to subdivision and land development, Chapter 273, relating to trees, and/or other relevant chapters of the Code of the Township of Fairview. Violations and penalties associated with cutting and clearing of vegetation include:
(1)
Forestry (commercial timber harvesting) shall comply with Article X of this chapter relating to forestry (commercial timber harvesting).
(2)
The cutting of trees and/or clearing of vegetation within a required buffer yard as required by in Article VII of this chapter, relating to buffer and screening regulations, is prohibited. Only the removal and replacement of damaged/deceased trees and/or vegetation is permitted. Grubbing activity is permitted where the purpose is to improve the appearance of the lot.
In all zoning districts, lots with multiple frontages shall
be subject to the following criteria:
A.
Reverse frontage lots and double frontage lots shall be subject to
the following criteria:
(1)
Reverse frontage lots and double frontage lots shall comply with Chapter 260, relating to subdivision and land development. Any required planting screen easement shall be considered as a buffer yard, provided with screening of no less than seventy-percent opacity, and otherwise comply with the regulations in Article VII relating to buffer and screen regulations.
(2)
Reverse frontage lots and double frontage lots shall have the primary
lot frontage, front lot line, front yard and front setback, building
and development orientation; and shall have lot access on, towards,
and from the street conveying the lesser amount of existing or proposed
daily traffic.
B.
Triple frontage lots shall be subject to the following criteria:
(1)
The side lot line coinciding with the lot line abutting the street (frontage) shall have a buffer yard and planting screen easement of at least 20 feet, across which there shall be no right of access. The required buffer yard and planting screen easement shall be provided with screening of no less than seventy-percent opacity, and otherwise comply with the regulations in Article VII, relating to buffer and screen regulations.
(2)
Access on, towards, and from the lot shall be provided from the street
conveying the lesser amount of existing or proposed daily traffic.
In all zoning districts, for all uses other than single-family
dwellings and two-family dwellings, waste handling and material disposal
methods and procedures shall be subject to the following criteria.
The following detailed information is required to be submitted concerning
waste handling and material disposal methods and procedures:
A.
Listing of all materials to be used and/or generated on the site;
B.
Listing of all wastes (including but not limited to food and greases;
animal wastes; solid wastes; medical wastes; and hazardous wastes;
etc.) generated on the site; and
C.
Evidence shall be provided indicating that the disposal of all materials and wastes shall be accomplished in a manner that complies with Chapter 247 relating to solid waste, as well as any county, state, and federal regulations. Such evidence shall, at a minimum, include copies of working plans for the cleanup of litter and recycling showing exterior trash and recycling receptacles that are provided amid any an outdoor display and/or sales area, parking lot facilities open to the public, and other outside public areas designed and proposed for patrons and customers of the use. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.
In all zoning districts, the number of principal uses and/or
principal structures permitted per lot shall be subject to the following
criteria:
A.
A lot in the RMU, VMU, VB, CB, IB, and/or AB Zoning Districts may include more than one permitted principal use per lot, provided a plan has been recorded in compliance with Chapter 260, relating to subdivision and land development, and:
(1)
For developments with more than one principal use in one building,
the most restrictive of the uses' area/design features of the
applicable zoning district shall apply to the building (as opposed
to applying each of the requirements to each use as if each use was
located on each individual lot), but that each use shall comply with
all other applicable requirements of this chapter, including parking
and signs as though each use were located on an individual lot.
(2)
For developments with more than one principal use in more than one
building, the area/design features of the applicable zoning district
and all other requirements of this chapter shall apply to all the
uses on a single lot as if all of the uses are one development (as
opposed to applying each of the requirements to each use as if each
use was located on each individual lot).
(3)
The lot may include a condominium form of ownership of individual
buildings, with a legally binding property owner or other similar
type of association, if the applicant proves to the satisfaction of
the Zoning Officer, based upon review by the Township Solicitor, that
there will be appropriate legal mechanisms in place and compliance
with applicable state law.
B.
A lot in the RL, RS, and/or VR Zoning Districts and a lot used for residential purposes shall not include more than one permitted principal use nor more than one principal building, except as provided below, and each of the use's area/design features of the applicable zoning district and all other requirements of this chapter as though each use were located on an individual lot are met, and a plan has been recorded in compliance with Chapter 260 relating to subdivision and land development:
(1)
A mobile/manufactured home park, condominium residential development,
single-family attached dwelling, or multifamily dwelling development
may include more than one principal building per lot, provided all
other requirements of this chapter are met.
(2)
The lot may include a condominium form of ownership of individual
dwelling, units, with a legally binding homeowners' or other association,
may be established if the applicant proves to the satisfaction of
the Zoning Officer, based upon review by the Township Solicitor, that
there will be appropriate legal mechanisms in place and compliance
with applicable state law.
In all zoning districts, unless otherwise permitted elsewhere in this section or Article IV of this chapter relating to permitted uses, Article V of this chapter relating to permitted uses, and Article X of this chapter, the outdoor storage and outdoor stockpiling shall be permitted, subject to the following criteria:
A.
Outdoor storage and outdoor stockpiling shall not include the sale of any bulk materials such as goods, material, and merchandise offered for sale to customers. Otherwise, it shall be considered outside sales and display and shall comply with the provisions set forth elsewhere in Article VII of this chapter and Article X of this chapter relating to outside display and sales.
B.
Outdoor storage and outdoor stockpiling shall not occupy any part
of the existing or future street right-of-way (including sidewalks
and alleys), required off-street parking areas, buffer yards, or any
other areas specifically prohibited as set forth in this chapter.
C.
RL, RS, RMU, VR, and/or VMU Zoning Districts:
(1)
On single-family dwelling and/or two-family dwelling lots, the outdoor
storage and stockpiling of:
(a)
In all instances, outdoor stockpiling of personal material shall
not be located in the front yard between the principal building and
the public street (excluding alleys) or within any required front
setback. All such stockpiling shall comply with accessory use and
structure yard and setback requirements for the applicable zoning
district.
(b)
Non-personal material, including goods, junk, material, or merchandise
associated with and generated by an off-site business or nonresidential
establishment, shall not be permitted.
(2)
On nonresidential use, mixed use, and/or residential developments
involving dwellings on a common lot(s), the outdoor storage and stockpiling
of bulk items, including but not limited to goods, material, equipment,
merchandise, junk, waste, discarded or salvaged material, machinery,
equipment, or automobile, truck, or other vehicle parts, shall not
be permitted. All related storage shall be within a completely enclosed
building.
(3)
Outdoor storage and outdoor stockpiling shall not be located in the
front yard between the principal building and the public street (excluding
alleys) nor within any required front, side, and/or rear setback.
D.
VB, CB, IB, and/or AB Zoning Districts:
(1)
All bulk items, materials, and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height and provided with screening in accordance with Article VII of this chapter relating to buffer and screening regulations, with no less than one-hundred-percent opacity. 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.
(2)
The outdoor storage and outdoor stockpiling may be located in the
front yard between the principal building and the public street (excluding
alleys), but shall not be located within any required yard or setback.
(3)
In order to prevent dust, erosion, and excessive water flow across streets or abutting property, all areas used for the outdoor storage and stockpiling shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 260, relating to subdivision and land development, or any other construction materials specifications adopted by the Township, and approved by the Township Engineer.
(4)
All items and materials stored as part of outdoor storage and stockpiling
shall be kept in an orderly fashion to permit access by emergency
responders.
E.
Compost. The placement of compost as an accessory use to a residential
use of a lot is permitted, subject to all accessory use, building,
and structure setbacks of the applicable zoning district. Only waste
materials from the residential use of the lot shall be deposited within
the compost, and in no case shall meat, or meat by-products, dairy
products, or bones be composted. All compost shall be properly maintained
so as not to become a nuisance to nearby properties.
In all zoning districts, all uses (as applicable) shall be subject
to the following performance standards:
A.
All projects that require the additional use of new facilities or
essential services, such as sewers, storm drains, fire hydrants, potable
water, public streets, streetlighting and similar services, shall
obtain such approval as required by the agency providing such service
prior to project approval. No availability of essential services shall
be permitted to be grounds for denying permits for additional development
until such services are available. The jurisdiction is not obligated
to extend or supply essential services if capacity is not available.
If capacity is available, the extension of services shall be by and
at the cost of the developer, unless the jurisdiction agrees otherwise.
All service extensions shall be designed and installed in full conformance
with the jurisdiction's standards for such service, and shall
be subject to review, permit and inspection as required by other policies
or ordinances of the jurisdiction.
B.
All uses shall be subject to and comply with the following regulations,
where applicable:
(1)
Vibration. Ground vibration inherently and recurrently generated
on the lot and detectable without instruments on any adjacent lot
shall be prohibited, except that temporary vibration as a result of
construction or vehicles which enter or leave the lot (such as trucks,
trains, airplanes, helicopters, and other similar vehicles) shall
be permitted. Otherwise, all of the applicable "Rules and Regulations"
of the Pennsylvania Department of Environmental Protection (DEP) shall
be complied with.
(3)
Air pollution and airborne emissions. No pollution of air by fly
ash, dust, vapors or other substance shall be permitted which is harmful
to health, animals, vegetation or other property or which can cause
spoiling of property. Otherwise, all of the applicable "Rules and
Regulations" of the DEP shall be compiled with.
(4)
Odors. No malodorous gas or matter shall be permitted which is discernible
at any and all property lines of the subject property on which the
odor source is located.
(5)
Water pollution. Water pollution shall be subject to the standards
established by the Pennsylvania Fish and Boat Commission, PA DEP,
and the Clean Streams Law, June 22, 1937 P.L 1987, 35 P.S. § 691
et seq., or as amended.
(7)
Heat. Any operation producing intense heat shall be conducted within an enclosed building or with other effective screening in accordance in with Article VII of this chapter relating to buffer and screening regulations in such a manner as to make such heat completely imperceptible from any point along the property line. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Otherwise, all of the applicable "Rules and Regulations" of the PA DEP shall be complied with.
(8)
No use or operations shall be permitted which creates a public nuisance
or hazard to adjoining property by reason of fire, explosion, radiation
or other similar cause. Additionally, all uses and operations shall
comply with the following:
(a)
Electromagnetic interference. In all zoning districts, no use,
activity or process shall be conducted which produces electric and/or
magnetic fields which adversely affect public health, safety and welfare,
including but not limited to interference with normal radio, telephone
or television reception and/or transmission off the premises where
the activity is conducted.
(b)
Fire and explosive hazards. Fire protection and firefighting equipment, procedures and safety protocols acceptable to the Township of Fairview fire standards, National Fire Protection Association, Chapter 113 relating to code enforcement, Uniform Construction Code, and Chapter 145, relating to fire prevention and fire protection, and other applicable chapter of the Code of the Township of Fairview shall regulate hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the occupancy of a structure or premises.
(c)
Toxic and hazardous substance storage. Storage of toxic and
hazardous substance shall meet the requirements of the Pennsylvania
Department of Environmental Protection, Pennsylvania Labor and Industry
(L&I), and/or the United States Environmental Protection Agency
(USEPA).
(9)
Outdoor lighting. Outdoor lighting is permitted, subject to the following
criteria:
(a)
Interior streets, parking areas, entrances and pedestrian walks shall be provided with sufficient illumination for a safe environment, with attention to energy conservation and with sufficient illumination to meet all applicable laws, rules and regulations. All lighting designs shall comply Chapter 113 relating to code enforcement, Uniform Construction Code, which encompasses the latest version of the International Building Code (IBC) and its accompanying International Energy Conservation Code (IECC). Lighting plans shall be designed per recommendations in the Illumination Engineering Society Handbook, to provide an efficient nonglare design using cutoff-type fixtures while complying with Chapter 113 relating to code enforcement, Uniform Construction Code, with particular attention to the International Energy Conservation Code (IECC) constraints for energy usage. Lighting plans shall be designed and submitted by a registered design professional, with his attached seal, for review as required for all plan submissions (see Chapter 113 relating to code enforcement, Uniform Construction Code).
(b)
Lighting devices that produce objectionable direct or indirect
glare on adjoining properties or thoroughfares shall not be permitted.
Cutoff-type fixtures (commonly called "shoe box") or similar are generally
required to meet this requirement. Floodlight-type fixtures are not
acceptable due to objectionable glare to those in their light path.
Additional requirements are as follows:
[1]
Direct glare is defined, for purposes of this chapter, as illumination
beyond property lines caused by direct or secondary reflected rays
from incandescent, fluorescent or arc lighting or from such high-temperature
processes as welding, petroleum or metallurgical refining.
[2]
Cutoff-fixtures are defined as luminaries so hooded or shielded
that the maximum angle of direct illumination shall be 60° drawn
perpendicular to the ground, with the exception that such angle may
be increased to 90° if the luminary is less than four feet above
the ground. Fixtures not meeting this requirement shall not be permitted.
Accessory house-side shielding and other appurtenances are to be supplied
as standard fixture accessories where required to prevent adjacent
property light trespass.
[3]
Indirect glare is defined, for the purposes of this chapter,
as illumination beyond property lines caused by diffuse reflection
from a surface such as a wall or roof of a structure. Lighting designs
are to take the reflectivity of buildings and other property reflectivity
into account to minimize indirect glare.
[4]
Parking, loading, ingress and egress areas of all nonresidential
uses intended to be utilized at night shall be provided with adequate
lighting for such use per IECC that dictates the maximum watts per
square foot for various property areas. Lighting-level requirements
vary by occupancy and proximity to structures that are or can be occupied.
Lighting designers shall comply with the IECC, Lighting Power Densities
for Building Exteriors, that provides maximum lighting levels for
various areas and allows trading among applicable areas to aid in
achieving an efficient yet compliant design.
[5]
Fixture height shall be considered in the design so as to preclude
objectionable light trespass and not present a hazard to create a
nuisance to adjoining properties.
[a]
Lighting design review shall take fixture height
in consideration to ensure compliance with FAA and any other regulations
in place in the Township.
[b]
Any proposed lighting fixtures which will be located
within 100 feet of an adjacent property in the RS and/or VR Zoning
Districts or existing residential use in the RL, RMU and/or VMU Zoning
Districts shall also be limited in height to a maximum of 16 feet
above finished grade within said one-hundred-foot area. The one-hundred-foot
distance shall be measured from the furthest extent of the proposed
fixture to the nearest adjacent residential use or zoning district
property line.
(c)
Exemptions.
[1]
Decorative outdoor lighting fixtures with bulbs of less than 25 watts, installed seasonally, are exempt from the requirements in Subsection B(9).
[2]
Overhead streetlighting, warning, emergency, and traffic signals are exempt for the requirements in Subsection B(9).
(10)
In order to determine whether a proposed use will conform to
the requirements in this section, Fairview Township may obtain a qualified
consultant's report, whose cost for services shall be borne by
the applicant.
In all zoning districts, unless provided elsewhere in the Chapter 84, relating to animals, the outdoor keeping of pets is permitted subject to the following criteria:
B.
The keeping of pets outdoors and any related structure shall not
create a serious nuisance (including noise or odor), a health hazard,
or a public safety hazard. The owner of the pet(s) shall be responsible
for collecting and properly disposing of all fecal matter from pets.
C.
The keeping pets outdoors and any related structure shall comply
with the yard and setback requirements for accessory structures in
the applicable zoning district.
In all zoning districts, the routine maintenance, repair and
servicing of personal, passenger, or recreational motor vehicles,
including go-carts and racing vehicles, and other similar motor vehicles
that are owned or leased by the owner or occupant of the residential
use, is permitted as an accessory use to the residential use, when
the owner or the occupant is performing such services outside of a
building, and are subject to the following criteria:
A.
All vehicles shall be maintained with current, valid license plates
and inspection stickers (when applicable), and shall be kept in operable
condition.
B.
All work shall be performed on the vehicle owner's or lessee's
property of residence.
C.
Work shall be limited to the following:
(1)
Servicing and replacement of spark plugs, batteries, distributors,
distributor parts, and brakes;
(2)
Repair and replacement of tires and wheels, excluding recapping or
regrooving;
(3)
Replacement of water hoses, fan belts, brake fluids, transmission
fluid, oil filters, air filters, oil, grease, light bulbs, floor mats
and carpeting, seat covers, seat belts, windshield wipers, mirrors
and engine coolants;
(4)
Repair and replacement of car radios, CD players, amplifiers, speakers,
and similar electronic devices;
(5)
Cleaning and flushing of radiators only when flushed into watertight
containers;
(6)
Repair and replacement of fuel/gas pump and line repairs;
(7)
Minor servicing and adjustments;
(8)
Minor motor adjustments that do not involve the removal of the motor
head or crankcase, or the prolonged revving of the motor;
(9)
Minor body repairs, excluding the replacement of body parts, the
complete repainting of the body and the application of undercoating;
(10)
Cleaning of all exterior and interior surfaces, including washing,
shampooing, vacuuming, ribbing, polishing, waxing, and the application
of paint sealants.
D.
All by-products or waste fuels, lubricants, chemicals, and other
products shall be properly disposed of.
E.
No vehicle shall be stored in a "jacked-up" position, on blocks or
other similar type of lift or support equipment for more than 72 consecutive
hours in a seven-day period when located in the front yard between
the principal building and the public street (excluding alleys), nor
within any required setback, unless completely covered.
In all zoning districts, satellite dish antennas are permitted,
subject to the following criteria:
A.
Consideration shall be given to the physical characteristics of the
surrounding neighborhood, the property, the location of existing structures,
and the feasibility of obtaining reception in the siting of satellite
dish antennas.
B.
Satellite dish antennas may be located on accessory structures, such
as garages or sheds.
D.
Satellite dish antennas attached to a structure shall be at least
8 1/2 feet above adjoining ground level.
E.
All freestanding, detached, ground-mounted and freestanding satellite
dish antennas shall comply with the yard and setback requirements
for accessory structures in the applicable zoning district.
F.
In no case shall satellite dish antennas project into any public
right-of-way (including streets, alleys, sidewalks, etc.).
G.
The location of the satellite dish antennas shall not interfere with
or otherwise obstruct pedestrian and vehicular traffic:
H.
Notwithstanding the standards in this section, these standards shall
not conflict with or supersede any rule or regulation relating satellite
dishes as governed by the Federal Communications Commission under
the Federal Telecommunications Act of 1996.
In all zoning districts, private household outdoor swimming
pools are permitted, subject to the following criteria:
A.
All swimming pools shall comply with the requirements of Chapter 113, relating to code enforcement, Uniform Construction Code.
B.
No swimming pool shall be permitted to be located in the front yard
between the principal building and the public street (excluding alleys)
or within any required front setback.
C.
Swimming pools shall comply with the yard and setback requirements
for accessory structures in the applicable zoning district.
D.
Water shall not be discharged from a swimming pool directly onto
any public right-of-way or within 10 feet of any adjacent property
without the applicable owner's consent.
E.
Pools shall not be located over a drainage, utility, or access easement.
F.
All on-site, outdoor lighting shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and shall comply with all provisions for lighting in Article VII of this chapter relating to performance standards for all uses.
G.
These standards shall not apply to "kiddie" or "wading" pools, or
pools designed with pools walls not capable of holding water at a
depth of more than 24 inches of water.
In all zoning districts, the following temporary structures
are permitted on a temporary basis are permitted subject to the following
criteria:
A.
Temporary construction sheds and trailers are permitted on a temporary
basis, subject to the following criteria:
(1)
Temporary construction sheds and trailers shall be permitted only
during the period that the construction work is in progress. A permit
for the temporary structure shall be obtained from the Zoning Officer
prior to the commencement of construction and shall be renewed every
180 days.
(2)
Temporary construction trailers or sheds shall be located on the
lot on which the construction is progressing and shall not be located
within 10 feet of any lot line abutting an existing residential use.
(3)
Temporary construction sheds and trailers shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be used for any dwelling use.
(4)
Temporary construction sheds and trailers may be permitted to be
used as a temporary sales center for residential lots. The maximum
gross floor area of such a temporary sales center shall be 500 square
feet.
B.
Temporary, nontraditional storage units (including those commercially
known as "PODS" or enclosed containers of a box trailer, with or without
wheels) are permitted on a temporary basis, subject to the following
criteria:
(1)
Temporary, nontraditional storage units shall be permitted for a
maximum period of 60 consecutive days in any one calendar year. This
period may be extended upon written request to the Zoning Officer
for a period not exceeding 180 days.
(2)
Temporary, nontraditional storage units shall comply shall comply
with the yard and setback requirements for accessory structures in
the applicable zoning district.
(3)
No temporary, nontraditional storage unit shall be used for permanent
storage.
In all zoning districts, the temporary unenclosed parking and
long-term unenclosed storage of Class I and II recreational vehicles
(which also include towable utility and cargo trailers) registered
to the owner and/or occupant of the lot are permitted, subject to
the following criteria:
A.
The temporary unenclosed parking and long-term unenclosed storage of Class I and II recreational vehicles (which also include towable utility and cargo trailers) registered to the owner and/or occupant of the lot shall comply with Chapter 113, relating to code enforcement, International Property Maintenance Code, and Chapter 282, relating to motor vehicles.
B.
On residential lots in the RL, RS, RMU, VR, and/or VMU Zoning Districts:
(1)
The temporary, unenclosed parking and long-term unenclosed storage
of Class I and Class II vehicles shall be maintained with current,
valid license plates and inspection stickers (when applicable).
(2)
The temporary, unenclosed parking (as opposed to long-term unenclosed
storage) of Class I and Class II vehicles for a period not to exceed
72 consecutive hours in a seven-day period, shall be permitted so
long as all vehicles are set back at least one foot from any lot line.
(3)
The long-term, unenclosed storage (as opposed to temporary parking)
of Class I and Class II vehicles, a period that exceeds 72 consecutive
hours in a seven-day period, shall be permitted on the basis of not
more than two Class I vehicles per lot; and one Class II vehicle per
each 1/2 acre (or portion thereof) of lot area up to a maximum of
two Class II vehicles.
[Amended 1-25-2016 by Ord. No. 2016-1]
(4)
The long-term, unenclosed storage of Class I and Class II vehicles
shall not be permitted in the front yard between the principal building
and the public street (excluding alleys) or within any required front
setback.
(5)
The long-term, unenclosed storage of Class I and Class II recreation vehicles shall be provided with screening of no less than eighty-percent opacity, which shall be provided along any abutting side or rear lot lines (excluding alleys) in accordance Article VII of this chapter relating to buffer and screening regulations. Exception: long-term storage may take place without the required screening if the storage complies with all other setback criteria and the location of the recreational vehicle is a minimum of 100 feet from a side or rear property line.
[Amended 1-25-2016 by Ord. No. 2016-1]
C.
The long-term, unenclosed storage of Class I and Class II recreation
vehicles shall comply with the yard and setback requirements for accessory
structures in the applicable zoning district.
D.
In order to prevent dust, erosion or excessive water flow across streets or abutting property, all areas used for the long-term, unenclosed storage of Class I and Class II vehicles shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 260, relating to subdivision and land development, or any other construction materials specifications adopted by the Township, and approved by the Township.
E.
The long-term, unenclosed storage of Class I and Class II vehicles
shall not displace otherwise required off-street parking spaces provided
on the lot.
F.
All areas used for long-term, unenclosed storage of Class I and II
recreation vehicles shall be maintained so to keep vegetation properly
trimmed and debris or litter disposed of regularly. All vehicles shall
maintain current, valid license plates and inspection stickers (when
applicable), shall be in operable condition, and shall not be permitted
to leak fuels or lubricants onto the ground.
G.
The temporary unenclosed parking and/or long term unenclosed storage
of any trailer other than those that are accessory to a principal
residential use shall be prohibited.
H.
The temporary unenclosed parking and/or long-term unenclosed storage
of Class I and Class II vehicles shall comply with all other applicable
standards of this chapter.
I.
A Class I or Class II recreational vehicle may be used for temporary
occupancy on any lot, and are permitted, subject to the following
criteria:
(1)
All temporary recreational vehicle occupancies covered shall receive
a temporary occupancy use permit from the Codes Department. The permit
will be issued upon proof of compliance with the applicable standards.
A fee may be collected for issuance of the permit. Said fee shall
be established by the Board of Supervisors of the Township of Fairview
by resolution and may be adjusted from time to time.
(2)
Seasonal usage/stays in a recreational vehicle are permitted for
the owners of any lot with no permanent residential dwelling thereon,
not to exceed a total of 90 days between April 1 and October 31 of
any one calendar year.
(3)
Temporary, overnight guest stays in a recreational vehicle shall
be permitted for nonpaying guests of the occupants of any legally
established permanent residential dwelling on a lot, not to exceed
a total of 90 days in any calendar year.
(4)
All setback requirements for the zoning district in which the temporary
recreational vehicle occupancy is conducted shall be applicable to
the recreational vehicle utilized for the temporary recreational vehicle
occupancy.
(5)
No more than one recreational vehicle may be occupied per lot for
any and all permitted occupancies.
(6)
Proof of an approved method for both sewage disposal and potable
water supply for the temporary recreational vehicle occupancy shall
be submitted with the temporary occupancy use permit application.
(7)
No ancillary or accessory structures are permitted to be erected
or placed which are associated with the temporary recreational vehicle
occupancy.
(8)
No rent or services may be charged or collected by the property owner
associated with the temporary recreational vehicle occupancy.
In all zoning districts, required yard and setback exceptions
and alterations are permitted, subject to the following criteria:
A.
Projections into required yards and/or setbacks.
(1)
Stoops and related awnings and hand railings may project into required
yards and setbacks not more than five feet.
(2)
Patios, terraces, decks, and other similar uncovered (at any point)
structures, provided the structure elevation shall not be more than
three feet above the yard grade, may extend or project into any required
side yard and rear yard and/or side setback and rear setback not more
than five feet, as long as there is a minimum of five feet remaining
between the structure and the lot line.
(3)
Cornices, eaves, sills, or other similar architectural features such
as gutters, bay windows, window awnings, chimneys, or similar structures,
including solar energy systems, attached to the wall of any building
may extend or project into any required yard and/or setback not more
than three feet.
(4)
Exterior stairways, fire escapes, or other required means of egress,
ground-mounted doors for basement access, or other similar structures
that do not include space usable by persons may extend or project
into a required side yard and rear yard and/or side setback and rear
setback of a lot not more than five feet as long as there is a minimum
of five feet remaining between the structure and the lot line.
(5)
Covered porches and those porches with enclosed habitable spaces
shall be considered as part of the principal building and shall not
extend or project into any required yard and/or setback.
(6)
Exterior walkways, sidewalks, stairs (and related hand railings),
window wells, and such other structures customarily incidental to
the principal or accessory building, may extend or project into any
required yard and/or setback of a lot, provided the structure height
shall be not more than 12 inches above the yard grade. The maximum
structure height shall not apply to related hand railings.
(7)
Accessory air-conditioning units, generators, and heat pumps and
other such heating and cooling appurtenances may extend or project
into the required yard and/or setback of a residential lot.
(8)
For all handicapped ramps, landings, and other features necessary to provide entrance and accessibility to a building which project into any required yard and/or setback, see Chapter 113 relating to code enforcement, Uniform Construction Code, and reasonable accommodation provisions set forth in Article XII of this chapter relating to administration.
(9)
Mailboxes, flagpoles, lights and light pole standards, statues, decorative
fountains, and other similar structures may extend or project into
the required front yard and/or setback.
B.
Yard and setback alterations.
(1)
Except as otherwise provided in this chapter, within a block containing
a lot proposed for development, where the required front setback and
yard regulations for the zoning district are greater than the actual
distances of the existing buildings on abutting lots set back from
the street right-of-way, the required front setback and front yard
may be altered to be similar to those distances between existing principal
buildings within 100 feet on the abutting lots and the abutting street
right-of-way.
(2)
Using this exemption, the front building line of the principal building
on the lot proposed for development shall be no closer toward, and
no farther away from, the street right-of-way line than the front
building line of the existing principal buildings within 100 feet
on the abutting lots.
(3)
Otherwise, the building on the lot proposed for development shall
comply with all front building setback and yard standards defined
in the zoning district in which it is situated.
(4)
No principal building shall extend into any street right-of-way.
