A. 
Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of the Township Subdivision and Land Development Ordinance. In the case of townhouses, manufactured/mobile home park, or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting Township standards.
B. 
Number of principal uses and principal buildings per lot.
(1) 
A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(a) 
For example, if Use 1 requires a one-acre lot area and Use 2 on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.
(b) 
The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.
(c) 
The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' 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.
(2) 
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(a) 
A manufactured/mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' 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.
C. 
Minimum size of dwellings. Each dwelling unit shall include a minimum of 600 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level.
D. 
Maximum occupancy. No recreational vehicle shall be occupied on a lot for more than 30 days in a calendar year, except as may be approved within a campground with suitable central water and sewage service. No mobile/manufactured home shall be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling.
The maximum structure height specified for each district shall not apply to: antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines and towers, elevator shafts, stair towers, flag poles, windmills, skylights, chimneys, heating/ventilation/air-conditioning equipment, smoke stacks, parapet walls of up to four feet in height and other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 203-202 and provisions in § 203-307B.
A. 
In general.
(1) 
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to: setback areas, non-impervious areas and off-street parking areas.
(2) 
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot or, where applicable, by the property owners' association.
B. 
Exceptions to minimum lot areas, lot widths and yards.
(1) 
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 203-202.
(2) 
Projections into required yards.
(a) 
Cornices, eaves, roof overhangs, sills or other similar architectural features, exterior stairways, unenclosed fire escapes or other required means of egress, rain leads, chimneys, "Bilco"-type doors for basement access, window awnings, footers, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b) 
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
(c) 
For decks and porches, see § 203-307.
(3) 
Lot widths around curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 150 feet, the minimum lot width at the minimum building setback line may be reduced to 60% of the width that would otherwise be required.
C. 
Sight clearance at intersections. At the intersection of two streets, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of three feet and 10 feet above the ground level, except for utility posts, mailboxes, single sign posts and the trunks of deciduous trees. The triangle shall be measured along the center line of the right-of-way line of the streets. Each leg of the triangle shall be measured 75 feet from the intersection of the center lines of the streets. A third longer leg shall connect the two legs along the center lines, to form the triangle.
(1) 
However, in place of the above sight triangle, where a local street intersects an arterial or collector street with a stop sign only at the local street, the leg of the triangle along the arterial or collector street shall be increased to 250 feet and the leg along the local street shall be decreased to 20 feet beyond the right-of-way of the arterial street.
(2) 
The clear sight triangle shall be kept free of such obstructions in perpetuity.
(3) 
Where grading along a street is necessary to provide safe sight distances, such grading shall not be prohibited by other provisions of Township ordinances. Such grading should result in finished slopes that are as close to the natural grades as is feasible.
[Amended 11-20-2007 by Ord. No. 07-01]
D. 
Buffer yards. Plans for buffer yards and plant screening shall be reviewed and approved by the Shade Tree Commission. Buffer yards and plant screening, complying with the following standards, shall be required under the following situations, unless a more-restrictive provision is established by another section of this chapter. The Shade Tree Commission, as it deems necessary, may permit modification of the following standards to address specific site constraints or landscaping needs:
[Amended 11-20-2007 by Ord. No. 07-01]
(1) 
A minimum 30 feet wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot used principally for principal nonresidential purposes that is contiguous to a lot occupied by an existing principal dwelling or an undeveloped residentially zoned lot.
(a) 
If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard width along such manufacturing area and/or loading dock shall be increased to 70 feet, and the minimum initial height of plantings shall be increased to eight feet. However, the minimum buffer width shall be four feet within the Village and TND Districts, and the buffer yard may be waived by the Township as part of a traditional neighborhood development approval if:
[1] 
The business use is built before the adjacent residential use is sold; and
[2] 
The applicant proves compatibility as part of the master plan review by the Township.
(b) 
If a lot will include more than 100,000 square feet of business building floor area, then the minimum buffer yard width shall be increased to 70 feet, and the minimum initial height of plantings shall be increased to eight feet.
(c) 
If a dwelling will be on the same lot as a principal business use, then a buffer yard shall not be required by this section.
(d) 
A 10 feet minimum buffer yard with landscaped screening shall be required where a subdivision or land development of new dwellings will have rear yards abutting a public street or expressway.
(e) 
A buffer yard is also required to be provided by the following if they are abutting and visible from a public street:
[1] 
Along lot lines of any newly developed or expanded outdoor industrial storage or loading area; or
[2] 
Along lot lines of any newly developed or expanded area routinely used for the overnight parking of two or more tractor-trailer trucks or trailers of tractor-trailers.
(2) 
A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the Township may allow deciduous canopy trees.
(3) 
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage, or display, signs, manufacturing or processing activity, materials, loading and unloading areas, or vehicle parking or display.
(4) 
Fence. Any wall or fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening. If a fence in a buffer yard has one side that is more finished or smoother than the other side, the more-finished or smoother side shall face the outside of the buffer yard. A fence in a commercial or industrial district that is visible from the outside of the buffer yard shall be constructed of wood planks, PVC panels, PVC picket-style posts or similar designs, as opposed to chain-link metal or wood sheeting. Any wall visible from the outside of the buffer yard shall be constructed of brick, other decorative masonry, decorative stucco, stone, or have the appearance of such materials.
(5) 
A well or septic system may be placed within a buffer yard, provided the landscaping and tree preservation provisions are still met.
(6) 
Each planting screen shall meet the following requirements:
(a) 
Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.
(b) 
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least three feet in height.
(c) 
The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
(d) 
The plant visual screen shall extend the full length of the lot line, except for:
[1] 
Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot;
[2] 
Locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back; and
[3] 
Locations needed to meet other specific state, Township and utility requirements, such as stormwater swales.
(e) 
American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species is discouraged. A more-naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
(f) 
Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
(g) 
The Board of Supervisors, upon recommendation of the Shade Tree Commission, may approve alternate buffer designs and locations that serve the same purpose, particularly when necessary because of unique site conditions.
(h) 
If existing healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground level) exist within the buffer yard, they shall be preserved to the maximum extent feasible. The Zoning Officer may certify that preserving existing mature trees and shrubs within the buffer yard will meet the same purposes as the new plant screening. In such case, part or all of the new plant screening may be waived in writing by the Zoning Officer.
(i) 
The use of earth berms in combination with landscaping is encouraged within buffer yards to provide additional protection to dwellings and residential areas. An earth berm may be required as a condition of a conditional or special exception use approval.
(7) 
Buffer yard plans.
(a) 
Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
[1] 
The location and arrangement of each buffer yard;
[2] 
The placement, general selection of species and initial size of all plant materials; and
[3] 
The placement, size, materials and type of all fences to be placed in such buffer yard.
(8) 
Buffer yards, IN District. A minimum 30 feet wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot used principally for single-family detached dwelling purposes where said lot line is contiguous to a lot occupied by an existing principal dwelling or undeveloped residentially zoned lot located within a residential zoning district under this chapter other than the IN District. A minimum 60 feet buffer yard with plant screening shall be required along the rear and side lot lines of any lot used principally for any purpose other than single-family detached dwelling purposes that is contiguous to a lot occupied by an existing principal dwelling or undeveloped residentially zoned lot located within a residential zoning district under this chapter other than the IN District. The retention of existing mature trees and shrubs may be substituted for the plant screening within the buffer yard where approved by the Township.
[Amended 4-1-2008 by Ord. No. 08-03]
A. 
Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks, and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of debris, rubbish, and noxious weeds.
B. 
See the buffer yard provisions in § 203-803.
C. 
Street trees. As part of the creation of a new lot for any use, the construction of a new principal nonresidential building, a new land development, or development of parking area for six or more parking spaces, deciduous shade street trees shall be planted between such lot lines, building and/or parking area, and any adjacent public street(s). This requirement shall not apply along street segments where existing healthy trees will be preserved and protected during construction that will serve the same purpose.
(1) 
Number. A minimum average of one such tree shall be planted for each 50 feet of length of street right-of-way around the lot.
(2) 
Location. Such trees shall be placed immediately outside of the street right-of-way, or an alternative location acceptable to the Board of Supervisors.
(3) 
Ordinance. Such street trees shall be planted in a manner approved by the Township Engineer to avoid conflicts with sidewalks and utilities.
(4) 
Buffer. Where shade trees may be required under the buffer yard provisions, the same tree may be used to count towards both requirements.
(5) 
The street trees shall meet the requirements of § 203-804D.
D. 
Parking lot landscaping.
(1) 
A minimum of one deciduous tree shall be required for every 15 new off-street parking spaces.
(2) 
If a lot will include 30 or more new parking spaces, landscaped islands shall be provided within automobile parking areas. Otherwise, the trees may be planted around the parking area. If a parking area includes more than 50 off-street parking spaces, then a minimum of 5% of the interior of the parking area shall be landscaped.
[Amended 11-20-2007 by Ord. No. 07-01]
(3) 
Deciduous trees required by this section shall meet the following standards:
(a) 
Type of trees permitted. Required trees shall be chosen from the list of approved street trees that is maintained by the Township Shade Tree Commission. The Shade Tree Commission may approve a proposal for an alternate species if the applicant proves such species would shade paved areas, be resistant to disease, road salt and air pollution and be attractive and sturdy.
Note: This chapter only regulates the species of trees that are used to meet requirements of the Township. The species of trees that are not required by Township ordinances are not regulated.
(b) 
Quality of trees. Required trees shall be of symmetrical growth and free of insect pests and disease.
(c) 
Minimum size. The trunk diameter (measured at a height of six inches above the finished grade level) shall be a minimum of two inches or greater.
(d) 
Planting and maintenance. Required trees shall be:
[1] 
Planted in conformance with good landscaping practices, with adequate unpaved surface around each for water and air, and
[2] 
Properly protected by curbs, curbstops, distance, or other devices from damage from vehicles.
(e) 
A minimum vegetative area shall be provided that includes at least a four feet minimum radius around all sides of the trunk of each required deciduous tree within or adjacent to a parking lot.
[Amended 11-20-2007 by Ord. No. 07-01]
E. 
Review and approval. Where landscaping is required by this chapter, the applicant shall submit a landscaping plan, in addition to a site plan, showing proposed initial sizes, locations and species of plantings.
F. 
Landscape maintenance. All tree, buffer yard and other landscaping required by this chapter shall be perpetually maintained by the property-owner. Any landscaping needed to meet an Ordinance requirement that dies, is removed, or is severely damaged shall be replaced by the current property-owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
G. 
Stormwater basin landscaping. The following requirements shall apply to landscaping within and around stormwater management basins:
(1) 
All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with suitable vegetation, such as meadow plantings or grasses specifically suited for stormwater basins.
(2) 
Trees and shrubs shall be planted around stormwater basins. However, trees and shrubs shall not be planted in locations that would interfere with the function of the basin, such as within 30 feet from the outlet/drain structure, emergency spillway or dam. A minimum average of two trees and 10 shrubs shall be required to be planted around the basin for every 100 linear feet of basin perimeter. Such perimeter shall be measured at the elevation of the top of the berm. Such trees and shrubs shall be in addition to other Township requirements. Trees shall have an initial trunk diameter of two inches, measured six inches above the ground. Shrubs shall have an initial height of four feet.
(3) 
Natural ground cover plant species shall be planted in the floors and slopes of the basin. These ground covers may include wildflowers, meadows or nonaggressive grasses. Species shall be chosen that are suitable for the expected wetness of various portions of the basin. The plantings shall provide a continuous cover over all earth areas of the basin. The plantings shall not interfere with the proper functioning of the basin, in the determination of the Township Engineer.
(4) 
Lawn grass areas may be sodded or hydroseeded to minimize erosion during the establishment period. Once established, turfgrass areas on nonwet areas of the basin shall be maintained at a height of not more than six inches.
(5) 
To the maximum extent feasible, stormwater basins shall be designed with slopes that blend with the surrounding topography. Areas intended to be mowed shall have a maximum slope of 3:1.
A. 
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B. 
Continuation of nonconformities.
(1) 
A lawful nonconforming use, structure or lot, as defined by this chapter, may be continued and may be sold and continued by new owners.
(2) 
Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
(3) 
If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.
C. 
Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under § 203-805D:
(1) 
Nonconforming structure.
(a) 
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided:
[1] 
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and
[2] 
That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter, except as may be allowed under Subsection C(1)(c) and (d) below.
(b) 
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c) 
Extension along a nonconforming setback. If an existing building has a lawfully nonconforming side or rear building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
[1] 
The structure shall not be extended beyond the existing nonconforming setback line;
[2] 
No additional nonconformity is created;
[3] 
The new nonconforming extension is not greater than 25% of the existing floor area of the building being expanded;
[4] 
All other requirements of this chapter shall be met; and
[5] 
Such additions shall not be permitted for a nonresidential building that abuts an existing primarily residential use.
(d) 
As a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in a side or rear setback for an existing dwelling if the applicant proves such setback is necessary to allow a customary addition of such dwelling or a replacement of an existing undersized dwelling with a new dwelling. This subsection shall not allow a reduction in setback to increase the number of dwelling units on the lot, except for a unit for care of relative.
(2) 
Nonconforming lots.
(a) 
Permitted construction on a nonconforming lot. A single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:
[1] 
The lot must be a lawful nonconforming lot of record;
[2] 
Minimum setback requirements shall be met;
[3] 
State and federal wetland regulations shall be met; and
[4] 
If a septic or well is used, the requirements for such shall be met.
(b) 
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(3) 
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a) 
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b) 
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c) 
The total building floor area used by a nonconforming use, or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.
[1] 
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d) 
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4) 
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use, provided that: the number of dwelling units or rooming house units are not increased; the expansion meets all applicable setbacks;, no new types of nonconformities are created; and a nonconformity is not made more severe. A lawfully nonconforming dwelling in a business district may follow the dimensional requirements for the R-2 District and may add customary accessory uses.
(5) 
Nonconforming sign. The provisions of this chapter shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
D. 
Damaged or destroyed nonconformities. A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if: the application for a building permit is submitted within 18 months after the date of damage or destruction; work begins in earnest within six months afterwards and continues; and no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
E. 
Abandonment of a nonconformity.
(1) 
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
(a) 
As provided for in the "damaged or destroyed nonconformities" provisions of this section in § 203-805D.
(2) 
The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.
(3) 
An existing lawful separate dwelling unit may be unrented for any period of time without being considered "abandoned" under this chapter.
F. 
Changes from one nonconforming use to another.
(1) 
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2) 
A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3) 
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a) 
Traffic safety and generation (especially truck traffic);
(b) 
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c) 
Amount and character of outdoor storage;
(d) 
Hours of operation if the use would be close to dwellings; and
(e) 
Compatibility with the character of the surrounding area.
(4) 
A nonconforming use shall not be changed to a nonconforming adult use.
G. 
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
[Amended 11-20-2007 by Ord. No. 07-01]
A. 
Any newly placed solid waste dumpster shall be screened on at least three of four sides as necessary to screen views from public streets and dwellings.
B. 
Such screening shall consist of decorative masonry walls, primarily solid weather-resistant wood fencing, or fencing of a similar appearance (such as solid vinyl post).
C. 
Setback from dwellings. An outdoor solid waste container (other than for paper or cardboard) shall be kept a minimum of 20 feet from the lot line of a dwelling on an abutting lot.
D. 
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 203-806.
E. 
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises for 12 months or less.
F. 
If a building includes four or more dwelling units and a dumpster is provided, then there shall be provided at least one solid waste dumpster with a lid, which shall be emptied on a regular basis. The number of dumpsters, capacity of the dumpster(s), and the frequency that the dumpster(s) is emptied shall be sufficient to ensure that all solid waste deposited by building occupants can be stored within the dumpsters without said materials being placed on or allowed to accumulate on the ground.