A.
Swimming pools.
(1)
Private noncommercial swimming pools, including decks,
shall be located in rear yards or side yards only and shall be located
a minimum distance of 10 feet from all property lines.
(2)
Public swimming pools and private commercial swimming
pools shall comply in all respects with the front, side and rear yard
requirements of this chapter for the principal building.
(3)
No swimming pool shall be erected or constructed unless
it is enclosed by a permanent fence containing no vertical interspace
of more than four inches and having a self-closing gate which is at
least four feet in height. Aboveground pools may combine fencing with
the height of exterior walls to obtain the necessary four-foot barrier,
provided that all portions of the exterior wall with fencing are a
minimum of four feet above grade.
[Amended 10-11-1994 by Ord. No. 100]
(4)
All pool electricity shall be installed as required
by the current amended National Electric Code.
(5)
Any lights used in conjunction with the pool shall
be shielded in such a manner to prevent glare on adjoining properties.
(6)
All swimming pools must be properly filtered and chlorinated
during the time they are in use according to the manufacturer's or
installer's recommended specifications.
(7)
For the purpose of this section, a "private swimming
pool" shall be defined as any reasonably permanent pool or open tank
not located within a completely enclosed building, whether or not
affixed to the land, and containing or normally capable of containing
water to a depth at any point greater than 24 inches.
[Amended 5-11-2010 by Ord. No. 171]
B.
Patios, decks and porches.
(1)
No patio, deck or porch shall be located within 10
feet of any property line or between the building setback line and
the street line.
C.
Tennis courts.
(1)
Private tennis courts shall be permitted within side
or rear yards, provided that such facility, including fences, shall
not be less than 10 feet from side or rear property lines.
(2)
A permanent open mesh fence 10 feet in height shall
be provided behind each baseline. This fence shall be parallel to
the baseline and at least 10 feet beyond the playing surface unless
the entire court is enclosed.
(3)
Lighting fixtures, if provided, shall not create objectionable
glare on abutting properties.
D.
Utility buildings.
(1)
No utility building shall be erected in the front
yard.
(2)
The combined floor area of all utility buildings shall
not exceed 200 square feet of floor area, and no utility building
shall exceed 10 feet in height, excluding ornamentation.
(3)
No utility building shall be located closer than five
feet to the rear or side property lines or easement line.
(4)
No outdoor storage of any materials shall be permitted
between the utility building and the property line.
E.
Fences and walls.
(1)
All fences and walls which are part of landscaping
shall be exempted from all building setback line and yard requirements.
(2)
No permanent fence or wall shall be erected within
10 feet of the property line which is over six feet in height.
(3)
No fence or wall with a vertical or horizontal interspacing
of less than 12 inches exceeding three feet in height shall be erected
within the required front yard setback unless higher screening or
fencing is required by other provisions of this Zoning Chapter.
(4)
No fence or wall shall block motorists' view of vehicles
entering or exiting the property or any adjacent property.
F.
Private garages.
(1)
The total building footprint of all private residential
garages, whether proposed singularly or in aggregate, shall not exceed
the total building footprint of the principal dwelling unit on the
property.
[Amended 5-11-2010 by Ord. No. 171; 12-16-2013 by Ord. No. 194-2013]
(2)
The maximum height shall not exceed 20 feet.
(3)
No structure shall be permitted between the building
setback line and the street right-of-way line.
(4)
No structure shall be located within the minimum side
yard of the prevailing district.
(5)
No structure shall be located within 10 feet of the
rear property line.
G.
Other accessory structures.
(1)
No structure shall be permitted between the building
setback line and the street right-of-way.
(2)
No structure shall be located within the minimum side
yard of the prevailing district.
(3)
No structure shall be within 10 feet of the rear property
line.
(4)
The maximum height of other accessory structures shall
not exceed 28 feet in the Agricultural (AG), Agricultural-2 (AG-2),
and Forest Recreation (FR) zoning districts; in all other zoning districts
the maximum height of other accessory structures shall not exceed
20 feet.
[Amended 6-12-2018 by Ord. No. 216-2018]
(5)
The total building footprint of all residential accessory structures,
whether proposed singularly or in aggregate, shall not exceed the
total building footprint of the principal dwelling unit on the property.
[Added 12-16-2013 by Ord. No. 194-2013]
H.
Parking area reservation.
(1)
All off-street parking areas shall be reserved and
used for automobile parking only, with no sales, dead storage, repair
work or dismantling of any kind on residential dwelling lots in residential
districts.
(2)
When parked on a residential lot, no vehicle shall
be operated in any manner which creates noise, odor, dust, dirt or
glare perceptible at the property line.
(3)
One recreational vehicle is permitted for storage
purposes only and is not to be used for sleeping, recreational or
living purposes at any time or in any way.
(4)
No boats, campers, recreational vehicles, trailers
and/or trucks with more than two axles (except personal pickup trucks)
shall be stored within any front yard area.
(5)
Vehicles shall not be parked in a manner which obstructs
the view of motorists.
(6)
No
utility trailer (open or closed), boat, motor home, camper, tractor
trailer (cabs and/or trailer), school buses or recreational vehicles
shall be permitted to park within any public street and public right-of-way
when located within the Residential Low, Residential Medium and Neighborhood
Commercial Zoning District.
[Added 5-11-2010 by Ord. No. 171]
I.
Antennas. The unique shape, reception and height requirements
of antennas present an array of concerns relating to the health, safety
and aesthetic integrity of the Township. Therefore, it is the intent
of this Zoning Chapter to impose reasonable regulations concerning
such devices without infringing upon rights granted by the Federal
Communications Commission (FCC). If an applicant can demonstrate that
such rights would be violated due to unique site constraints or other
such conditions, the applicant shall be exempt from only those requirements
which create such hardships. The following requirements shall apply
to all applicable antennas:
(1)
Within the FR, AG, AG-2, RL and RM Zoning Districts,
no more than one satellite dish shall be permitted on a property.
Additionally, in such zoning districts antennas shall not exceed 45
feet in height, measured from the top of the antenna to the ground
level.
(3)
Satellite dish antennas which are not roof-mounted
or tower-mounted shall comply with the following:
(a)
The diameter of the dish shall not exceed 12
feet.
(b)
No portion of the structure shall exceed 15
feet in height.
(c)
Such structures shall be set back from all adjacent
properties a minimum of 10 feet or a distance equal to the height
of the satellite dish antenna, whichever is greater.
(d)
Satellite dish antennas shall be surrounded
by a complete visual barrier composed of evergreen plantings which
are at least four feet in height when planted on site and which will
achieve a mature height sufficient to screen the entire antenna from
the ground floor elevations of adjoining properties. If such screening
will impair the reception of the antenna, the applicant shall demonstrate
that such is the case and shall install evergreen plantings which,
when mature, will be maintained at a height which is within two feet
of the determined height of interference. Screening must be planted
within six months of the antenna installation date.
(e)
All satellite dish antennas shall be properly
anchored and installed to resist a minimum wind load of 30 pounds
per square foot of projected horizontal area.
(f)
A zoning permit shall be obtained prior to the
installation of a satellite dish antenna. The permit application shall
demonstrate compliance with this Zoning Chapter and all other applicable
municipal regulations.
J.
Alternative energy sources.
(1)
Wind energy conservation systems (WECS) shall comply
with the following requirements:
(a)
Zoning and building permits shall be obtained
prior to the construction of a WECS.
(b)
WECS units shall not be permitted within the
front yard of any property which is not utilized as a farm.
(c)
Height regulations do not apply to these facilities,
provided that the height of the structure is not greater than the
shortest horizontal distance to any property line.
(d)
WECS units shall not create noise which is perceptible
beyond the property line.
(e)
Zoning and building permit applications for
a WECS unit, which is not proposed to be located on a farm, shall
include a statement from a registered professional engineer indicating
that acceptable structural engineering principles have been applied
to the proposed construction of the unit which will result in a satisfactory
level of safety. Such statement shall address the forces on the foundation
(including live and dead loads), allowable and actual forces on cables,
rods and braces, soil bearing pressures, wind loading forces and the
safety factor against overturning. WECS units shall be installed to
resist a minimum wind load of 30 pounds per square foot of projected
horizontal area and shall have a minimum safety factor against overturning
of 2.0.
(2)
Solar energy units shall comply with the following:
(a)
Solar units require zoning and building permits
and shall be set back from all property lines a minimum of 10 feet
or a distance equal to the height of the unit, whichever is greater.
(b)
Solar units shall not be located in the front
yard of any property unless such a location is either completely screened
from view of all adjacent properties and roads or if unique site constraints
prohibit the placement of the unit elsewhere on the property.
[Amended 8-14-2007 by Ord. No. 163; 5-11-2010 by Ord. No. 171]
A.
More than one principal dwelling, permitted by right,
by special exception, or by conditional use, may be erected on a single
lot within the Residential Medium and Neighborhood Commercial Zoning
Districts.
B.
No more than one principal dwelling is permitted to
be erected on a single lot within the Agricultural, Agricultural 2,
Forest Recreational and Residential Low Zoning Districts.
The height limitations contained in the district
regulations[1] do not apply to spires, belfries, cupolas, water tanks,
silos, ventilators, chimneys or other appurtenances usually required
to be placed above the roof level and not intended for human occupancy.
The projection of any overhanging eaves, gutters
or cornices which utilize the building for support, but not being
enclosed or part of the living area of the building, may extend into
the required yard not more than 15 feet, provided that no projection
shall extend closer than five feet to any lot line. Facilities installed
to provide access to the handicapped may extend into any front yard.
[Amended 4-9-2013 by Ord. No. 190-2013]
Clear sight triangles shall be provided at all driveway entrances and street intersections and shall be shown on all plans in accordance with the requirements of the Brecknock Township Subdivision and Land Development Ordinance, Article VIII.[1] All clear sight triangles shall be kept clear and maintained
free of obstructions to vision, and no person shall place, plant,
deposit or permit the placement, planting or deposit of any material,
bush, fence, tree, shrub or other obstruction of a height greater
than 30 inches or tree limbs lower than eight feet within such clear
sight triangles.
A.
The following building setback lines shall be established
for the various street classifications in the Township, subject to
the front yard requirements of the district in which the property
is located. For all purposes of this chapter, existing streets are
classified on the Official Map of Brecknock Township, as adopted by
Ordinance 182-2012.[1] All proposed streets shall be considered local streets
unless classified otherwise by the Board of Supervisors.
[Amended 4-9-2013 by Ord. No. 190-2013]
(1)
Building setback lines on all arterial streets shall
be established at 100 feet from the center line of the street or 50
feet from the right-of-way, whichever is greater.
(2)
Building setback lines on all major collector and
minor collector streets shall be established at 60 feet from the center
lines of the street or 30 feet from the right-of-way, whichever is
greater.
(3)
Building setback lines on all local access streets
shall be established at 50 feet from the center line of the street
or 25 feet from the right-of-way, whichever is greater.
B.
In developed areas where existing buildings are located
closer to the street than is permitted by these regulations, a new
building may be placed at the same building line as the adjacent buildings
along the street. If the adjacent buildings have varying setbacks,
the proposed building shall not be located closer to the street than
the average setback distance of the two existing adjacent buildings
along the street.
In those areas of the Township where the natural
slope of the land exceeds 20%, no structure will be erected which
will unduly disturb existing grade and natural soil conditions. A
statement must be prepared by a registered architect, engineer or
landscape architect in regard to the building method used in overcoming
foundation problems, the maintenance of the natural watershed and
the means for prevention of soil erosion. The erection of any such
structure may be approved by the Zoning Hearing Board as a special
exception prior to the issuance of any permit for construction.
Any occupation, trade or process, except agricultural
uses, which may be in any way dangerous, noxious or injurious to the
health or be offensive to the inhabitants of the neighborhood shall
be prohibited; provided, however, that agricultural uses which create
a nuisance as a result of negligent or improper agricultural operations
shall be prohibited.
Whenever under this chapter a use is neither
specifically permitted nor denied and an application is made by an
applicant to the Zoning Officer for such use, the Zoning Officer shall
refer the application to the Zoning Hearing Board to hear and decide
such request as a special exception. The Zoning Hearing Board shall
have the authority to permit the use or deny the use in accordance
with the standards governing special exception applications. The use
may be permitted if it is similar to and compatible with the permitted
uses in the district in which the subject property is located, is
not permitted in any other district under the terms of this chapter
and in no way is in conflict with the general purposes and intent
of this chapter. The burden of proof shall be upon the applicant to
demonstrate that the proposed use meets the foregoing criteria and
would not be detrimental to the public health, safety and welfare
of the neighborhood.
