A map entitled "Official Zoning Map, Potter Township, Beaver
County, Pennsylvania," is hereby adopted as part of this chapter.
The Zoning Map shall be kept on file, available for examination at
the Township Office. Copies of the Zoning Map, together with this
chapter, shall be made available to the general public by the Township
at a reasonable fee to be determined by resolution of the Board of
Supervisors.
The Township is divided into the districts stated in this chapter
as shown by the district boundaries on the Official Zoning Map:
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I
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Industrial District
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MU
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Mixed Use District
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NHD
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Natural Heritage District
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R
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Residential District
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OIP
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Office Industrial Park District
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District boundaries shown within the lines of streets, streams,
and transportation rights-of-way shall be deemed to follow their center
lines. The vacation of streets shall not affect the location of such
district boundaries. When the Zoning Officer cannot definitively determine
the location of a district boundary by such center lines, by the scale
or dimensions stated on the Zoning Map, or by the fact that it clearly
coincides with a property line shown on the Zoning Map, said officer
shall deny the application, and the Zoning Hearing Board, upon appeal,
shall interpret the location of the district boundary with reference
to the scale of the Zoning Map and the intentions and purposes set
forth in all relevant provisions of this chapter.
Whenever the provisions of this chapter are at variance with
provisions in other parts of this chapter, or with any other lawfully
adopted rules, regulations, or ordinances, the more-restrictive requirements
shall govern.
A.
For any or all said purposes, the Board of Supervisors may divide
the Township into districts of such number, shape and area as may
be deemed best suited to carry out the purpose of this chapter. Within
such districts, it may regulate and restrict the erection, construction,
reconstruction, alteration, repair or use of buildings, structures
or land. All such regulations shall be uniform for each class or kind
of buildings throughout each district, but the regulations in one
district may differ from those in another district.
B.
The Board of Supervisors may from time to time, on its own motion
or petition, after public notice and hearing, amend the regulations
and districts herein established. If, after any public hearing held
upon an amendment, the proposed amendment is revised to include land
previously not affected by it, the Board of Supervisors shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
A.
Use of property. No building or land shall hereafter be used or occupied
and no building or part thereof shall be erected, moved or altered
unless in conformity with the regulations herein specified for the
district in which it is located.
B.
Restrictions.
(1)
No building shall hereafter be erected or altered: (a) to exceed
the height; (b) to accommodate a greater number of families; (c) to
occupy a greater percentage of lot area; (d) to have narrower or smaller
rear yards, front yards or side yards than are specified herein for
the district in which such building is located; or (e) on a site that
has experienced periodic flooding except in accordance with the laws
and regulations attributable to floodplains, under standards of the
National Flood Insurance Act of 1968 and the Flood Disaster Protection
Act of 1973, or per amendments to said Acts or by a similar replacement
law.
(2)
No part of a yard or other open space required about any building
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space similarly required
for another building.
(3)
Lots containing a slope of 3:1 or greater for a distance of 50% of
their total depth shall have a minimum of 25% total increase in lot
depth above the depth required by this chapter before a permit is
granted.
(4)
This chapter shall not apply to any existing or proposed building
or extension thereof used or to be used by public utility corporations
if, upon petition of the corporation, the Public Utility Commission
shall, after a public hearing, decide that the present or proposed
situation of the building in question is reasonably necessary for
the convenience or welfare of the public.
This district is intended to preserve and foster multiple development
uses within Potter. The primary uses in this district are commercial
and service-oriented along with other uses compatible therewith.
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M-U Mixed Use District
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Permitted Uses
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Conditional Uses
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Hotels/motels (§ 210-38)
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Airports, ultralight airports, heliports (§ 210-52)
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Restaurants, bars or taverns; private clubs (§ 210-36)
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Rooming/boarding homes (§ 210-29)
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Residential
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Group day-care homes (§ 210-35)
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Churches
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Industrial parks (§ 210-47)
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No-impact home-based businesses (§ 210-25)
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Restaurants with golf courses or country clubs (§ 210-33)
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Parks and playgrounds
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Family day-care homes (§ 210-35)
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Professional and business offices (§ 210-58)
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Mineral and resource extraction (§ 210-41)
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Forestry (§ 210-68)
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Cemeteries and mausoleums (§ 210-42)
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Municipal buildings (all types)
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Personal care homes (§ 210-30)
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Retail uses and manufacturing (all types)
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Outdoor commercial recreation (§ 210-39)
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Greenhouses and nurseries
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Veterinarian offices and kennels (§ 210-48)
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Water recreation and storage (§ 210-93)
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Commercial stables and riding academies (§ 210-48)
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Marinas, docks, piers, etc. (§ 210-70)
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Specialized animal raising and care
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Home occupations (§ 210-25)
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Self-storage facilities (§ 210-32)
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Bed-and-breakfast (§ 210-27)
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Wireless communications facilities (§ 210-34)
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Accessory uses and structures
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Oil and gas wells and facilities (§ 210-40)
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Essential services
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Sawmills (§ 210-50)
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Public utility substation (§ 210-24)
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Wind farms and facilities (§ 210-65)
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Public safety services (§ 210-49)
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Conversion apartments (§ 210-57)
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Art galleries
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Supply yards
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Ancillary residential (§ 210-62)
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Gasoline service stations (§ 210-44)
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Schools (§ 210-26)
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Medical and dental offices/clinics
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Personal services
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Auto/truck, boat, farm, heavy equipment sales and service (§ 210-54)
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Convenience stores (§ 210-37)
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Car washes (§ 210-31)
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Nursing homes (§ 210-26)
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Libraries
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Hospitals and clinics for humans (§ 210-26)
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Funeral homes (§ 210-28)
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The purpose of this district is to provide for and maintain
low-density residential requirements of Potter Township. This district
shall allow agricultural uses, single-family dwellings, two-family
dwellings, and multiple-family dwellings, and includes associated
public, institutional, and recreational uses and other compatible
uses set forth hereafter.
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R Residential District
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|---|---|
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Permitted Uses
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Conditional Uses
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Single-family dwellings
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Nursing homes (§ 210-26)
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Agriculture (§ 210-95)
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Rooming/boarding homes (§ 210-29)
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Churches
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Public utility substations (§ 210-24)
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Municipal buildings (all types)
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Public safety services (§ 210-49)
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Parks and playgrounds
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Conversion apartments (§ 210-57)
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Schools (§ 210-26)
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Multiple-family dwellings (§ 210-64)
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Family day care (§ 210-35)
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Bed-and-breakfast inns (§ 210-27)
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Two-family dwellings
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Golf courses, country clubs (§ 210-33)
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Accessory uses and structures
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Wireless communications facilities (§ 210-34)
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Essential services
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Mineral and resource extraction (§ 210-41)
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No-impact home-based business (§ 210-25)
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Forestry (§ 210-68)
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Water recreation and storage (§ 210-93)
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Cemeteries and mausoleums (§ 210-42)
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Educational uses (§ 210-26)
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Planned unit developments (§ 210-67)
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Home occupations (§ 210-25)
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Special exceptions
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Noncommercial keeping of farm animals (§ 210-53)
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Mobile home parks (§ 210-43)
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[Amended 11-18-2015 by Ord. No. 140]
The purpose of this district is to conserve open space and natural
resources; to protect steep slopes; to minimize the impact of development
on the environment in areas with sensitive natural features; to provide
for outdoor recreation and related activities; and to preserve the
natural heritage of Potter Township.
A.
Purpose. The following natural resource protection standards are
established to protect the public health, safety, and welfare by minimizing
adverse environmental impacts while maximizing the cultural value
of the district. These standards are intended to meet the following
purposes:
(1)
Define natural resources within the district and establish resource
protection standards to assist the Township in reducing the impact
proposed uses will have on the environment.
(2)
Conserve valuable natural resources within the Township in accordance
with the following community goals of the Potter Township Comprehensive
Plan (2005) and the Beaver County Comprehensive Plan (2010):
(3)
Protect identified natural resources within the Township:
(a)
Protect sensitive natural areas, including streams, flood-prone
areas, woodlands, and steep slopes.
(b)
Preserve and protect areas which are naturally unsuitable for
development, especially creek valleys and steep slopes, floodplains,
woodlands, wetlands, hydric soils, and hedgerows.
(c)
Continue to preserve sensitive natural areas and wildlife habitats
from development by strengthening natural resource protection standards.
(d)
Protect regional watersheds and the quality of groundwater and
streams within the Township and pursue measures to maintain and, where
possible, improve water quality.
(4)
Promote specific, permitted land uses in the district and provide
a framework for the development and construction of recreational and
cultural facilities in it.
B.
Protection standards.
(1)
General.
(a)
In the event that the provisions of this section and the provisions
of other applicable Township or commonwealth ordinance standards are
in conflict, the more-restrictive provisions shall apply.
(b)
In the event that two or more natural resource areas identified
in this section overlap, the resources with the most-restrictive standard
(the least amount of permitted alteration, regrading, clearing, or
building) shall apply to the area of overlap.
(c)
It shall be a violation of this chapter to regrade, fill, pipe,
divert, channel, build upon, or otherwise alter or disturb a natural
resource protected by this section prior to the submission, review,
and approval of: applications for zoning or building permits; conditional
use or special exception approvals; zoning variances; or submission
of plans for subdivision or land development.
[1]
Restrictions to the disturbance of resources shall apply before,
during, and after construction on a site.
[2]
Where disturbance of a natural resource is permitted, it shall
not take place until it has been determined that such disturbance
is consistent with the provisions of this chapter and other applicable
ordinance provisions.
(d)
All natural resources are to be delineated on any subdivision
or land development plan or zoning permit application and verified
as correct by the Township Engineer.
(e)
It shall be a violation of this chapter to operate a dirt bike
or all-terrain vehicle (ATV) or other motorized transport for sporting
purposes within the district. Any motorized vehicle must be operated
only in a low-impact manner and only as a necessary function of a
permitted use.
(2)
Floodplains.
(a)
Resource protection standards. Areas identified as being within
the boundaries of the floodplain shall not be regraded, filled, built
upon, channeled, or otherwise altered or disturbed except in conformance
with the Potter Township Floodplain Ordinance.[1]
(b)
Delineation. The applicant shall delineate the limit of floodplains
which are on the site in accordance with the Official Floodplain Map
of FEMA.
(3)
Steep slopes.
(a)
Resource protection standards.
[1]
Steep slope areas shall be preserved in their natural state
whenever possible. Where construction of roads, buildings, driveways,
or infrastructure cannot be avoided, disturbance shall be kept to
the minimum necessary; and in no case shall it exceed the following
permitted disturbance limits:
[a]
Moderately steep slopes. No more than 30% of moderately
steep slopes shall be regraded, cleared, built upon, or otherwise
altered or disturbed.
[b]
Very steep slopes. No more than 15% of very steep
slopes shall be regraded, cleared, built upon, or otherwise altered
or disturbed. In addition, the disturbance permitted on very steep
slopes shall be limited to the following activities:
[i]
Timber harvesting, when conducted in compliance
with the required timber harvesting plan. Clear-cutting or grubbing
of trees is prohibited on very steep slopes.
[ii]
Grading for the minimum portion of a road or driveway
necessary for access to the principal use and utility lines when it
can be demonstrated that no other routing is feasible.
[2]
Each building or structure shall be constructed in such a manner
as to provide the least alteration necessary of the existing grade,
vegetation, and natural soils condition.
[3]
A grading plan shall be provided, identifying the existing contours
of the site, proposed finished grades, and the proposed location of
all buildings and structures.
[4]
Excessive cut and fill shall be avoided. New roads and improvements
to existing roads should be designed within the existing contours
of the land to the extent possible and to strive for compatibility
with the character of rural roads.
[5]
Finished slopes of permitted cut and fill shall not exceed 33%
slope unless the applicant can demonstrate the method by which steeper
slopes can be stabilized and maintained adequately.
[6]
All stockpiles of earth shall be seeded or otherwise stabilized
to the satisfaction of the Township Engineer when stored for more
than 21 days. Cut and fill resulting in slopes of greater than 25%
shall be protected with an erosion-control blanket.
[7]
Any disturbance of land shall be in compliance with the erosion
and sedimentation control standards of the Subdivision and Land Development
Ordinance[2] and PA DEP standards.
[a]
An erosion and sedimentation control plan and soil
stabilization plan shall be submitted consistent with the requirements
of the Subdivision and Land Development Ordinance.
[b]
The plan shall demonstrate how soil will be protected
from erosion during construction and how soil will be stabilized upon
the completion of construction.
[8]
Where the following information has not been previously submitted
as part of a subdivision or land development plan application, such
information shall be submitted to the Township with building permit,
conditional use, special exception, or zoning applications, when applicable:
[a]
The grading plan and erosion and sedimentation control plans described in Subsection B(3)(a)[3] and [7] above.
[b]
For slopes of greater than 25%, an architectural
plan, including materials and type of foundation to be used to overcome
structural problems associated with slope conditions.
(b)
Delineation. The applicant shall delineate the two categories
of steep slopes (moderately steep, very steep) which are on the site.
(4)
Wetlands.
(a)
Resource protection standards.
[1]
Any applicant proposing a use, activity, or improvement which
would entail the regrading or placement of fill in wetlands shall
provide the Township with proof that the Pennsylvania Department of
Environmental Protection (Bureau of Dams and Waterway Safety and Bureau
of Water Quality Management) and the United States Army Corps of Engineers
have been contacted to determine the applicability of state and federal
wetland regulations. The applicant shall concurrently provide to the
Township a copy of the application and any other wetland information
submitted to DEP and the United States Army Corps of Engineers.
[2]
Wetlands shall not be regraded, filled, piped, diverted, channeled,
built upon, or otherwise altered or disturbed except where state or
federal permits have been obtained.
(b)
Delineation. The applicant shall delineate the limits of wetlands
on the site. In addition, the following information shall be provided:
[1]
A full wetland delineation report conducted by a qualified wetland
biologist, soil scientist, or environmental professional of demonstrated
qualifications shall be submitted to the Township. If there is a question
as to the accuracy of the wetland delineation report, the Township
may hire a qualified consultant to review the delineation and recommend
revisions at the applicant's expense.
[2]
Such a professional shall certify that the methods used correctly
reflect the currently accepted technical concepts, including identification
and analysis of wetland vegetation, hydric soils, and hydrologic indicators.
Methods used in the delineation report shall be acceptable to the
Township Engineer or other qualified consultant hired by the Township.
[3]
The wetlands report shall include a determination of whether
wetlands are present on the site and a full delineation, area measurement
(in square feet), and description of any wetlands determined to be
present.
(5)
Wetland margins.
(a)
Resource protection standards. With the exception of those uses
or activities listed below, no more than 20% of a wetland margin shall
be regraded, filled, built upon, or otherwise altered or disturbed:
[1]
Regulated activities permitted by the commonwealth (i.e., permitted
stream or wetland crossing) or the Township (i.e., low-impact recreation),
whichever is more restrictive;
[2]
Provision of unpaved trail access;
[3]
Selective removal of hazardous or invasive alien vegetative
species;
[4]
Vegetation management in accordance with an approved landscape
plan or open space management plan; or
[5]
A soil conservation project approved by the Beaver County Conservation
District.
(b)
Delineation. The applicant shall delineate the limits of the
wetland margins on the site.
(6)
Watercourses and riparian buffers.
(a)
Resource protection standards. With the exception of those uses
or activities listed below, no woodland disturbance or other land
disturbance shall be permitted within a watercourse or Zone 1 riparian
buffer:
[1]
Regulated activities permitted by the commonwealth (i.e., permitted
stream or wetland crossing) or Township (i.e., low-impact recreation);
[2]
Provision for unpaved trail access;
[3]
Selective removal of hazardous or invasive alien vegetative
species;
[4]
Vegetation management in accordance with an approved landscape
plan or open space management plan; or
[5]
A soil conservation project approved by the Beaver County Conservation
District.
(b)
Delineation. The applicant shall delineate watercourses and
Zone 1 and Zone 2 riparian buffers and riparian forest buffers located
on the site per PA DEP Publication 394-5600-001 (November 27, 2010).
(7)
Woodlands, hedgerows, and specimen vegetation.
(a)
Resource protection standards.
[1]
Specimen vegetation shall not be removed from any lot or tract
except where the applicant demonstrates to the satisfaction of the
Board of Supervisors that such removal is essential to eliminate a
hazardous condition(s) or otherwise permit lawful use of the lot or
tract; where permitted, removal of specimen vegetation shall be minimized.
[2]
Disturbance allowance for woodlands and hedgerows.
[a]
Unless undertaken as an approved timber harvesting
operation conducted in compliance with the required timber harvesting
plan, no more than 35% of woodlands shall be regraded, cleared, built
upon, or otherwise altered or disturbed for a permitted use.
[b]
Where disturbance of existing areas of woodlands
and hedgerows exceeds 20,000 square feet for each principal use permitted
on any lot or tract, woodland replacement shall be required.
[c]
Guidelines for determining permitted woodland disturbance.
In determining where permitted woodland disturbance will occur, the
following factors shall be considered:
[i]
The applicant shall consider the location(s) and
benefit of conservation of healthy, mature woodland stands.
[ii]
Each building or structure shall be constructed
in such a manner as to provide the least alteration or disturbance
necessary of the existing woodland. Where possible, clear-cutting
shall be minimized and trees shall be selectively removed.
[iii]
Where possible, the remaining undisturbed woodlands
and other vegetation shall interconnect with woodlands or wooded areas
of adjacent properties to preserve continuous woodland corridors and
allow for the normal movement, dispersion, and migration of wildlife.
The applicant shall consider the impacts, in terms of functions and
values to wildlife, of separating, dividing, or encroaching on wildlife
travel corridors or extensive habitat areas, especially woodlands
exceeding 10 acres in area.
[iv]
Preserved woodlands and hedgerows may be used
to provide the vegetative screens and buffers as required for permitted
uses; additional planting may be required to supplement existing vegetation.
(b)
Delineation. The applicant shall delineate the limits of woodlands,
hedgerows and specimen vegetation which are on the site.
|
NHD Natural Heritage District
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|---|---|---|
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Permitted Uses
|
Conditional Uses
| |
|
Water recreation and storage (§ 210-93)
|
Public utility substations (§ 210-24)
| |
|
Outdoor commercial recreation (§ 210-39)
|
Public safety services (§ 210-49)
| |
|
Hunting preserves (§ 210-51)
|
Wireless communications facilities (§ 210-34)
| |
|
Agricultural-related businesses/farming operations (§ 210-55)
|
Essential services
| |
|
Campgrounds and recreational vehicles (§ 210-56)
|
Accessory uses and structures
| |
|
Playgrounds and parks
|
Commercial kennel, stable or riding academy (§ 210-48)
| |
|
Forestry (§ 210-68)
|
Oil and gas wells (§ 210-40)
| |
|
Marinas, docks, piers, other water-related uses (§ 210-70)
|
Mineral and resource extraction (§ 210-41)
| |
|
Wind farms and facilities (§ 210-65)
| ||
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Restaurants with golf courses or country clubs (§ 210-36)
| ||
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Restaurants, bars or taverns; private clubs (§ 210-36)
| ||
The purpose of this district is to provide for and maintain
suitable areas which will satisfy the commercial and industrial requirements
and potential of Potter Township. The Office Industrial Park District
shall include commercial office uses.
|
OIP Office Industrial Park District
| |
|---|---|
|
Permitted Uses
|
Conditional Uses
|
|
Industrial parks (§ 210-47)
|
Veterinarian offices
|
|
Restaurants, bars or taverns; private clubs (§ 210-36)
|
Auto/truck, boat, farm, and heavy equipment sales and service (§ 210-54)
|
|
Day-care facilities (§ 210-35)
|
Gasoline service stations (§ 210-44)
|
|
Professional and business offices (§ 210-58)
|
Animal crematorium facilities (§ 210-69)
|
|
Retail uses/manufacturing
|
Oil and gas wells and facilities (§ 210-40)
|
|
Public utility substations (§ 210-24)
|
Schools, hospitals and clinics for humans (§ 210-26)
|
|
Hotels/motels (§ 210-38)
|
Personal care homes (§ 210-30)
|
|
Public safety services (§ 210-49)
|
Wireless communications facilities (§ 210-34)
|
|
Medical and dental offices/clinics
| |
|
Personal services
| |
|
Essential services
| |
|
Mineral and resource extraction (§ 210-41)
| |
|
Accessory uses and structures
| |
|
Funeral homes (§ 210-28)
| |
|
Municipal buildings (all types)
| |
|
Churches
| |
The purpose of the Industrial District is to provide suitable
space for existing industries and their expansion, provide areas for
the exclusive development of industrial uses that generally have extensive
space requirements, as well as provide for future industrial development
and to take advantage of rail and water transportation relative thereto.
Commercial uses are also allowed. Performance standards, loading and
parking specifications, and yard regulations are set forth in this
chapter in order to ensure, insofar as possible, safe, nonobjectionable
industrial use, as these activities often generate noise, odors, smoke
or vibrations detectable to human senses off the premises on which
the use is located.
|
I Industrial District
| |
|---|---|
|
Permitted Uses
|
Conditional Uses
|
|
Heavy and light manufacturing (§ 210-46)
|
Industrial parks (§ 210-47)
|
|
Captive residual waste facility (§ 210-59)
|
Animal crematorium facilities (§ 210-69)
|
|
Public utility substations (§ 210-24)
|
Incinerating plants
|
|
Offices, all types
|
Mineral and resource extraction (§ 210-41)
|
|
Research and testing laboratories
|
Sewage treatment plants (§ 210-60)
|
|
Truck terminals
|
Sanitary landfills, municipal waste (§ 210-59)
|
|
Warehousing/wholesale businesses
|
Scrap yards (§ 210-45)
|
|
Rental services
|
Wind farms and facilities (§ 210-65)
|
|
Contractor yards
|
Chemical manufacturing and storage
|
|
Forestry (§ 210-68)
|
Fuel bulk storage facilities
|
|
Accessory uses and structures
|
Oil and gas facilities (§ 210-40)
|
|
Essential services
|
Adult businesses (§ 210-61)
|
|
Water recreation and storage (§ 210-93)
|
Methadone treatment facilities (§ 210-66)
|
|
Municipal buildings (all types)
|
Oil and gas manufacturing operations
|
|
Wireless communications facilities (§ 210-34)
|
Public and private utility operations
|
|
Gasoline service stations (§ 210-44)
|
Electricity generating facilities
|
|
Car washes (§ 210-31)
|
Petrochemical facilities and uses incidental thereto (§ 210-63)
|
|
Marinas, docks, piers and other water-related uses (§ 210-70)
| |
|
Self-storage facilities (§ 210-32)
| |
The minimum lot area, minimum lot area per family, maximum lot
coverage by buildings and structures, minimum depth of front yard,
minimum depth of rear yard, side yard requirements, maximum height
of structures and number of stories for each district shall be as
specified in Table 21.1 unless otherwise indicated.
|
Table 21.1
| |||||||
|---|---|---|---|---|---|---|---|
|
Potter Township Lot and Yard Requirements
| |||||||
|
District
|
Lot Area*
(acres)
|
Lot Width
(feet)
|
Front Yard
(feet)
|
Side** Yard
(feet)
|
Rear Yard
(feet)
|
Height
(feet)
|
Lot Coverage
|
|
Mixed Use District
|
0.25
|
75
|
30
|
10
|
30
|
75
|
50%
|
|
Office Industrial Park
|
10
|
75
|
50
|
25
|
50
|
75
|
70%
|
|
Natural Heritage District
|
5
|
200
|
30
|
10
|
30
|
25
|
10%
|
|
Industrial District
|
2
|
200
|
30
|
20
|
30
|
120
|
50%
|
|
Residential District
|
1***
|
100
|
40
|
10
|
30
|
40
|
30%
|
|
Two-family dwellings
|
2
|
150
|
40
|
10
|
30
|
40
|
30%
|
|
Multifamily, for each dwelling unit over 2
|
See § 210-64
|
150
|
40
|
10
|
30
|
40
|
30%
|
|
Accessory uses
|
—
|
—
|
40
|
10
|
10
|
15
|
10% total
|
|
NOTES:
| |
|---|---|
|
*Regardless of the lot size listed, all lots, except
duly certified non-building lots, must be approved by the Township's
sewage enforcement officer.
| |
|
**Corner lots in the R District shall provide an additional
10 feet of side yard along the non-frontage road.
| |
|
***In the R District where public sanitary sewers are
available for use, lot area required for single-family dwellings shall
be 0.75 acre; two-family dwellings, one acre; and three-family or
four-family dwellings, 1.5 acres. Required lot widths shall be 100
feet (single-family) and 150 feet (two-family).
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