[Amended 12-3-1979 by Ord. No. HR-40; 3-24-1980 by Ord. No.
HR-44; 9-28-1981 by Ord. No. HR-60; 8-15-1983 by Ord. No. HR-76; 2-27-1984 by Ord. No. HR-79; 3-15-1985 by Ord. No. HR-90; 2-9-1987 by Ord. No. HR-107; 5-1-1989 by Ord. No. HR-124; 4-2-1990 by Ord. No. HR-146; 1-7-1991 by Ord. No. HR-159; 12-3-1991 by Ord. No. HR-187; 12-3-1991 by Ord. No.
HR-189; 1-21-1992 by Ord. No. HR-190; 4-6-1992 by Ord. No. HR-193; 7-20-1993 by Ord. No. HR-210; 12-30-1993 by Ord. No. HR-218; 6-6-1994 by Ord. No. HR-231; 12-12-1994 by Ord. No. HR-236; 100-6-1997 by Ord. No. HR-262; 12-15-1997 by Ord. No. HR-265; 9-14-1998 by Ord. No. HR-277; 9-18-2000 by Ord. No. HR-289; 8-19-2002 by Ord. No. HR-305; 12-15-2003 by Ord. No.
HR-321; 4-4-2005 by Ord. No. HR-337; 4-18-2005 by Ord. No. HR-340; 5-1-2006 by Ord. No. HR-352]
A.
Continuation. The lawful use of a building or land
existing as of December 30, 1963, or authorized by a building permit
issued prior thereto may be continued, although such use does not
conform with the provisions of this chapter.
B.
Extension.
(1)
A nonconforming use of a building or a use previously
authorized as a use variance or special exception may be extended
within the building only when authorized as a special exception.
(2)
A building housing a nonconforming use or a use previously
authorized as a special exception may be extended upon the lot occupied
by such building held in single and separate ownership as of December
30, 1963, when authorized as a special exception, provided that the
enlargement meets all of the area, yard and height requirements of
the district in which the lot is located. Buildings which house a
use approved as a use variance may be so extended only when authorized
as a variance.
(3)
A building which is nonconforming as to the physical
requirements of the district in which it is located may be altered
or enlarged, provided that the alteration or enlargement itself meets
all the requirements of said district or the alteration or enlargement
consists of one or more additional stories or parts thereof, within
the existing building footprint, not exceeding the maximum height
limitation for the district in which the building is located.
C.
Changes. A nonconforming use of a building or land
may be changed to a nonconforming use of the same or a more restricted
classification.
D.
Restoration. Building reconstruction to restore a
building containing a nonconforming use shall commence within one
year of the date the building was destroyed or condemned and shall
be carried on without interruption.
[Amended 9-10-2007 by Ord. No. HR-360]
(1)
Nonresidential uses. A building containing a nonconforming
nonresidential use which has been damaged or destroyed by fire or
other cause to an extent of not more than 75% of its value, or a nonconforming
nonresidential building which has been legally condemned, may be reconstructed
and used for the same nonconforming nonresidential use, provided that
the reconstructed building shall not exceed the height, footprint,
area and volume of the building destroyed or condemned.
(2)
Residential uses. A building containing a nonconforming
residential use which has been damaged or destroyed by fire or other
cause, or a nonconforming residential building which has been legally
condemned, may be reconstructed and used for the same nonconforming
residential use, regardless of the extent of damage, provided that
the reconstructed building shall not exceed the height, footprint
area and volume of the building destroyed or condemned.
E.
Discontinuance. If a nonconforming use of land or
of a building ceases or is discontinued for a continuous period of
one year or more, subsequent use of such building or land shall be
in conformity with the provisions of this chapter.
A building may be erected or altered on any
lot held as of December 30, 1963, in single and separate ownership
which is not of the required minimum area or width, provided that
the building or part thereof that is to be erected or altered complies
with all other requirements of the zoning district in which it is
located.
A.
A use of a building or a lot authorized as a special
exception or conditional use, either by decision of the Zoning Hearing
Board or Board of Supervisors or by the enactment of or amendment
to this chapter, may be extended within the building or upon the lot
only when authorized as a special exception.
B.
A use of a building or a lot authorized as a special
exception or conditional use, either by decision of the Zoning Hearing
Board or Board of Supervisors or by enactment of or amendment to this
chapter, may be changed to a use permitted by right without further
approval.
No lot area shall be reduced in such a way that
the dimensions of any of the yard, open space and/or other dimensional
requirements are not able to be met.
In addition to the provisions of the district
in which a use is permitted, each use other than a single-family or
two-family dwelling shall comply with the following special regulations,
where applicable:
A.
Landscaping. The land surrounding any permitted use,
except for paved area, such as walkways, accessways, play areas and
necessary parking and service areas, shall be landscaped, and each
apartment house or nonresidential use shall make such other suitable
screening provision as is necessary to safeguard the character of
an adjacent residential area or development. All planting, fences,
walls or similar structures used for screening shall be installed
in such a manner as to maintain the intent of the yard areas and shall
be in harmony with the general architectural design of the principal
building or buildings on the lot.
B.
Buffer area requirements. In any case where a buffer area is required, such buffer shall comply with the definition contained in § 208-6, the planting requirements in § 181-52I(3) of the Township Subdivision and Land Development Ordinance and the following additional requirements:
(1)
A plan shall be submitted for each required buffer
area indicating the location, dimension and arrangement of all plantings
and other natural or man-made features of the buffer area, screening,
fences and walls.
(2)
A buffer area shall be used for no purpose other than
planting, screening, lawns, berms or trees or appropriate walls or
fences, provided that the width of the required buffer area may be
reduced to provide for off-street parking in accordance with the provisions
of § 208-103B(4)(b). Any wall or fence provided in conjunction
with a required buffer area shall be screened or constructed in such
a manner that it will not conflict with the character of the abutting
district.
(3)
Each buffer area shall be located on the lot and within
the district in which the use which requires the buffer is located,
and it may be included in any required front, side or rear yard area.
(4)
In the case of a required buffer area, no more than
one entrance and one exit shall be permitted from a lot to each street
on which the lot abuts, except that an additional entrance and exit
through a buffer area may be permitted when authorized as a special
exception.
C.
Street frontage development standards and access.
In order to minimize traffic congestion and hazard, control street
access in the interest of public safety and encourage the appropriate
development of street and highway frontage:
(1)
Each use shall have not more than two accessways to
any one public street for each 300 feet of frontage. Where possible,
access to parking areas shall be provided by a common service driveway
or minor street in order to avoid direct access on a major street.
No such accessway shall be less than 20 feet or more than 30 feet
in width, and the location of any accessway or driveway to a public
street shall be in accordance with the regulations of the Tredyffrin
Township Public Works and Police Departments and shall be subject
to review by those Departments.
(2)
In the case of a shopping center, group of apartment
houses or similar groupings of buildings constructed as part of an
integrated plan, all parking, loading or service areas used by motor
vehicles shall be located entirely within the lot lines of the property.
All buildings shall be accessed from a marginal street, service road,
common parking lot or similar area and not directly from a public
street or highway. All accessways to a public street or highway shall
be located at least 100 feet from the intersection of any street lines.
All streets and accessways shall be designed in a manner conducive
to safe exit and entrance.
(3)
All driveways, aisles, vehicular service areas or
spaces between or around buildings, other than those relating to a
dwelling, shall be adequately illuminated.
D.
Group development. The following regulations shall
apply in all districts where more than one building or use is permitted
on a lot:
(1)
The proposed development shall be constructed in accordance
with an overall plan and shall be designed as, or as part of, a single
architectural and landscaping scheme, and the group of buildings as
a unit shall comply with the area and yard regulations of the district.
(2)
The tract of land on which each permitted use is conducted
shall be owned and operated as a single or common management and maintenance
unit, with common open spaces, parking, utility and maintenance facilities.
(3)
Except where the provisions of a zoning district may
specifically permit otherwise, the distance at the closest point between
any two buildings or groups of attached buildings shall be not less
than 30 feet.
(4)
All utility lines and similar facilities servicing
the proposed development and its area shall be installed underground.
Electric transformers shall be installed underground or in a completely
enclosed building, and generators shall be enclosed by walls or landscaped
to provide an adequate visual and sound screening.
E.
Restriction on storage and outdoor display.
(1)
No materials or goods shall be stored outdoors or
displayed on the exterior of a premises where they can be observed
from a street or property line.
(2)
No permanent storage of materials, products or goods
intended for sale or inventory shall be permitted outside a building,
and no merchandise shall be displayed or offered for sale beyond the
front line of a building or the side lines of a building on corner
premises except during normal business hours.
(3)
In any case where the storage or sale of materials,
products or goods outside a building is permitted, the area devoted
to such storage or sale shall not exceed 50% of the gross floor area
of the principal building to which the use relates.
F.
Shopping cart corral areas.
(1)
Where shopping carts are provided, two shopping cart
corral areas shall be provided for up to every 100 parking spaces.
(2)
Each shopping cart corral area shall be a minimum
of nine feet by 18 feet and shall hold at least 72 carts for each
corral area.
(3)
Such areas shall be railed-off from parking spaces
so that shopping carts may be securely stored.
(4)
Such areas shall not count toward the required off-street
parking areas.
G.
Restriction on excavation.
(1)
No borrow pits shall be created for the purpose of
securing fill or for any commercial purpose nor shall any strip mining
of earth, soil, loam, clay or sand be conducted. This provision shall
not prohibit excavation performed contemporaneously with and required
by the construction of foundation or other subsurface works for a
building or other structure under actual construction.
(2)
Excavation which is necessary for the development
of a parcel of land for a permitted use is allowable only if:
H.
Exterior lighting.
(1)
All exterior lighting shall be designed and arranged
so that no direct glare therefrom shall extend beyond the property
lines of the lot on which they are located and to protect adjoining
streets and properties from any direct or indirect glare. Where necessary,
all such lighting shall be equipped with glare shielding devices.
(2)
Freestanding light standards shall not exceed the
following maximum height limits:
I.
Vertical architectural elements. A vertical architectural
element, including but not limited to a monument, obelisk, bell tower
and clock tower, may be permitted as a conditional use in an Institutional
Overly, Limited Industrial or Office-Apartment District when it meets
the following conditions:
(1)
Applicability. A vertical architectural element may
be allowed only when it is part of an integrated building complex.
(2)
Use. If attached to a building, a vertical architectural
element shall not encompass any habitable space or mechanical equipment
in that portion of the element which projects above the normal allowable
building height limit for the district in which it is located. If
not attached to a building, the element shall not contain any habitable
space, nor shall it be used for storage or to house mechanical equipment.
(3)
Lot area. A lot or lots under single ownership, encompassing
50 contiguous acres and containing at least three buildings.
(4)
Footprint area. The square foot area of a vertical
architectural element shall be included in area calculations determining
maximum coverage and maximum building area. Maximum area of the footprint
of the vertical architectural element shall be 900 square feet. The
footprint area shall not be allowed to increase from the lower portion
to the upper portion.
(5)
Height. The maximum allowable height shall be 80 feet.
(6)
Restrictions. The following additional restrictions
shall apply:
(a)
The vertical architectural element shall be
designed to form an integrated interior part of a unified building
complex. Building materials and architectural detailing shall be compatible
with the image of the surrounding buildings, whether attached thereto
or adjacent to them. For purposes of this subsection, the term "interior
part" shall mean that part which is at least 500 feet from any property
line, which property is not owned or controlled by the applicant.
In addition, "architectural integration" shall be understood to mean
that the vertical architectural element shall:
[1]
Serve as a visual focal point for pedestrian
plazas;
[2]
Serve as a focal point for pedestrian circulation
systems within the development site;
[3]
Be constructed of materials compatible with
said plazas and pedestrian walkways as well as with the buildings
themselves;
[4]
Bear a logical and proportional relationship
to the buildings and outdoor spaces/plazas on the site; and
[5]
Be of compatible coloration and hue to the buildings
and pedestrian plaza and walkway materials.
(b)
Architectural lighting of the vertical architectural
element may be permitted, provided that hours during which the element
is lit are restricted to between 4:00 p.m. and 9:00 p.m. and, further,
that no lighting of any kind shall be permitted above a height of
40 feet.
(c)
No signage, logos or commercial symbols may
be attached to a vertical architectural element.
(d)
There shall not be more than one vertical architectural
element per unified building complex.
(e)
No external antennas, satellite dishes or flagpoles
shall be attached to the exterior of a vertical architectural element.
(7)
Guidelines for review. In reviewing an application
for conditional use to permit a vertical architectural element, the
Board of Supervisors and Planning Commission shall consider the following
criteria:
(a)
The appropriateness of the vertical architectural
element to the surrounding areas, to the site and to buildings grouped
on the site.
(b)
The degree to which the proposed development
projects the image of an integrated office campus.
(c)
The degree to which the architectural detailing
of the vertical architectural element is compatible with and appropriate
to the scale, proportion and architectural design of the surrounding
building group.
J.
Commercial dropoff and pickup boxes, stations for
letters and packages or newspaper vending machines.
(1)
All such boxes or structures which are not located
within a principal building or in an enclosed entranceway thereto
shall be mounted on a masonry platform or other structurally sound
foundation and shall be accessible only from an internal off-street
parking area or accessway.
(2)
Such boxes or structures shall not be located within
a front yard area nor along the right-of-way of a public street.
K.
Rooftop equipment, refuse containers and mechanical
equipment.
(1)
All rooftop equipment or other projections shall be
completely screened from view from any property. Such screening shall
be designed so as to be architecturally compatible with the principal
portion of the building and shall be constructed of materials which
are harmonious with those of the principal portion of the building.
(2)
All permanent refuse containers and mechanical equipment
shall be completely screened from ground level view from any property.
L.
Security gates, grates and shutters. Any security
gate, grate or shutter, including window grilles in a commercial district,
shall have a ratio of open to solid portions of four to one and shall
be installed on the inside of the building. All gates, grates and/or
shutters and mechanical parts in an open position shall not be exposed.
M.
Corner lots and sight distance. On any corner lot,
no wall, fence or other structure shall be erected or altered, and
no hedge, tree, shrub or other growth shall be maintained, which may
cause danger to traffic on a street by obscuring the view.
N.
Wetlands and PNDI Sites. Unless a greater distance
is required by state and/or federal regulations, the minimum setback
for improvements from a wetlands or PNDI site shall be 50 feet. The
Zoning Hearing Board may approve a reduction of the wetland or PNDI
site buffer if, upon review, it determines that such a reduction is
justified due to specific circumstances related to the location or
quality of the wetland or PNDI site in question.
[Added 8-14-2006 by Ord. No. HR-355]
In order to protect the health, safety, quality
of life, preservation of property values, and general welfare of the
residents of the Township and the historical, recreational, and natural
features and resources located within the Township, no development
shall be permitted, approved, or allowed within the Township and no
use shall be permitted, approved or allowed within the Township which
causes sound levels to exceed the following special regulations:
A.
Exemptions. These regulations shall not apply to the
following:
(1)
Uses in existence or approved by the Township
as of the effective date of this amendment, which uses are not being
increased or expanded.
(2)
Construction.
(3)
Development of roads or streets upon which direct
access from adjacent properties is legally permitted.
(4)
Rail carriers.
(5)
Air carriers.
(6)
Public speaking and public assembly activities.
(7)
Emergencies.
(8)
Emergency work.
(9)
Residential uses.
(10)
Domestic power tools.
(11)
Cultural, educational, religious, entertainment,
athletic, or civic events, including, but not limited to, concerts,
music festivals, and fireworks displays.
(12)
Alarms and other devices to alert people as
to the existence of an emergency.
(13)
Work or activities performed or sponsored by
schools and Township agencies or their contractors in the performance
of public works.
(14)
Organized play or recreation, playground activities,
parks and the like.
(15)
Snow removal activities.
(16)
Church bells and carillons.
B.
Authorization. This section is adopted by the Township
in implementation of the following statutes, rules and regulations:
(1)
Federal Noise Control Act of 1972, 49 U.S.C.
Section 4901 et seq., as amended, and, more specifically, Sections
4903(b), 4904, 4911, 4913, and 7641(c), and regulations adopted pursuant
thereto.
(2)
Constitution of the United States, Amendments
X and XIV.
(5)
Federal Aid Highway Act of 1970, 23 U.S.C. Sections
109(I) and 182, as amended, and regulations adopted pursuant thereto.
(6)
Pa. Highway Act, 36 P.S. §§ 1981
and 2718.113, as amended.
(7)
PennDOT Regulations, including, but not by way
of limitation, Revised Noise Handbook PennDOT Publication #24, dated
January 28, 2002.
(8)
Federal Highway Administration (FHWA) Regulations,
including, but not by way of limitation, Title 23, Code of Federal
Regulations, Part 772 (including Table 9).
(9)
National Environmental Policy Act of 1969 (NEPA),
42 U.S.C. Section 4331, as amended.
(10)
World Health Organization, Community Noise (Brigitta
Berglund, Thomas Lindvall and Dietrich H. Schwela, eds., Stockholm
University and the Karolinska Institute 1999), and Guidelines for
Community Noise of the World Health Organization in Geneva, Switzerland.
C.
Prohibition of noise disturbance. It shall be unlawful for any person to construct, expand, develop, or allow the use of any property which causes, allows, enables, or permits any unreasonably loud, unnecessary, and/or unusual sound which disturbs the peace or quiet of any residential area, or which causes discomfort or annoyance to any person of normal sensitivities residing in the area without a permit granted pursuant to § 208-138. Every activity to which this section is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness.
D.
General standards. The general standards which may
be considered in determining whether a violation of the provisions
of this section exists shall include, but not be limited to, the following:
(1)
The level of noise;
(2)
Whether the nature of the noise is usual for
a residential area or unusual;
(3)
Whether the origin of the noise is natural or
man-made;
(4)
The level and intensity of the background noise,
if any;
(5)
The proximity of the noise to residential sleeping
facilities;
(6)
The nature and zoning of the area within which
the noise emanates;
(7)
The time of the day and night the noise occurs;
(8)
The duration of the noise;
(9)
Whether the noise is recurrent, intermittent,
or consistent; and
(10)
The effects on public health, safety, property
values, and general welfare.
E.
Specific standards.
(1)
Notwithstanding the general standards and any
other provisions of this section, and in addition to and in implementation
of the general standards, the following specific standards shall be
applicable:
(a)
Average outdoor A-weighted sound levels shall
not exceed 55 dBA during daytime hours and 50 dBA during nighttime
hours. Such average sound levels shall be calculated as a continuous
stream of one-minute moving averages. Each point used in the comparison
shall be determined as the arithmetic average of all instantaneous
readings occurring within the prior one-minute time window.
(b)
Impulsive A-weighted sound levels shall not
exceed 145 dB on one occasion in a twenty-four-hour period, 135 dB
on 10 occasions in a twenty-four-hour period, and 125 dB on 100 occasions
in a twenty-four-hour period.
(2)
Sound levels of noise radiating from a property
line at a distance of 25 feet or more therefrom in excess of the dB
established for the stated time periods shall constitute prima facie
evidence that such noise is a public nuisance.
F.
Approval of plans. No plans for construction of new
facilities or for expansion of existing facilities will be approved
unless such plans include all control measures necessary to ensure
that the proposed daytime and nighttime average sound levels do not
exceed the specific standards and are consistent with the general
standards and best management practices have been utilized for the
mitigation of noise disturbances.
G.
Absorptive sound barriers. The use of absorptive sound
barriers will be consistent with the general standards and will satisfy
the specific standards if they are properly placed within the right-of-way
of the proposed road or the expansion of the existing road and are
of sufficient height, thickness and length to be consistent with the
maximum sound levels permitted herein on the residential side of the
barriers.
H.
Interpretation of provisions. In interpreting and
applying the provisions of this section, they shall be held to be
the minimum requirements for the promotion of the public health, safety,
quality of life, preservation of property values, and general welfare
of the residents of the Township and historical, recreational, and
natural features and resources located within the Township. When the
provisions of this section impose greater restrictions or requirements
than those of any statute, other ordinance, section or regulation,
the provisions of this section shall control. When the provisions
of any statute, other ordinance, section or regulation impose greater
restrictions or requirements, the provisions of such statute, other
ordinance, section or regulation shall control. The adoption of this
section shall not affect, amend or alter any other ordinances or regulations
of the Township, which are hereby expressly saved from repeal. In
the event of conflict between these standards and standards established
by any other governmental agency, the more restrictive standards will
apply in order to achieve the maximum reduction of noise disturbances.
[Amended 5-23-2010 by Ord. No. HR-384; 12-2-2013 by Ord. No. HR-399]
A.
General requirements.
(1)
All parking spaces designed to serve a lot or development must be
provided off street. No on-street parking space or any part of a public
or private street may be utilized to comply with the off-street parking
requirements of this section.
(2)
Parking spaces may be located in any required yard, except a front
yard in a residential district or in a required buffer yard, unless
otherwise provided below.
(a)
A required parking space may be located in a front yard in a
residence district where authorized as a special exception.
(b)
In the case of outdoor recreational use in the Rural-Conservation Districts as permitted in § 208-12F(3), a required buffer or planting area may be reduced for the purpose of providing off-street parking to not less than 30 feet from a street or any other lot line, provided that the parking area is suitably screened and buffered.
(3)
Parking areas must be designed to facilitate access thereto, and
the free flow of pedestrian and vehicular traffic. Parking lots must
be designed so that vehicles are not required to back out on the street.
The lot must provide adequate stacking area and circulation within
the lot to prevent backup of vehicles on a public street while awaiting
entry to the lot.
(4)
All parking spaces must be lined and spaces reserved for parking
marked.
(5)
Pedestrian walkways and crosswalks must be provided within any parking
area containing more than 60 cars, or where any parking space is located
more than 100 feet from the entrance to any building served by the
parking facility. Pedestrian walkways and crosswalks must be a minimum
of four feet wide, and adequately marked and lighted.
(6)
Concrete wheel stops or curbs must be provided to prevent vehicle
overhang on any driveway, access aisle, sidewalk, pedestrian walkway,
or landscaped area.
(7)
All parking lots must be landscaped in accordance with the requirements of § 181-52D. All parking areas must be adequately illuminated in compliance with all Township regulations.
(8)
All parking areas must be graded to prevent drainage onto adjoining
properties and to prevent ponding of stormwater within the parking
areas, pedestrian walkways, or crosswalks. The maximum gradient across
any parking space cannot exceed 7.5%.
(9)
All dead-end areas must be designed to provide sufficient backup
and turnaround area for end stalls.
(10)
Adequate areas must be reserved on the perimeter of all parking
areas for the temporary storage and drainage of snow. Such areas cannot
consist of required landscaped areas or areas with shrubs and trees,
must be located near effective drainageways, and must be designated
on all plans.
(11)
The minimum radius curvature of any curbline must be a minimum
of five feet.
(12)
Outdoor parking spaces and loading/unloading areas shall be
constructed of 2 1/2 inches of ID-2 over six inches of crushed
aggregate base course except for the following:
(a)
A higher construction standard may be required in commercial
and industrial developments where a higher than normal volume of heavy
vehicles or equipment is anticipated.
(b)
The use of concrete, brick, or block paving surfaces must be
used where called for in the Comprehensive Plan of Tredyffrin Township.
The design and construction specifications for such materials must
be approved by the Township Engineer.
B.
Parking stall and access aisle dimensions. Off-street parking spaces
and drive aisles within a surface parking lot must be designed in
accordance with Table 103.1: Off-Street Parking Space Dimensions.
|
Table 103.1: Off-Street Parking Space Dimensions
| ||||||
|---|---|---|---|---|---|---|
|
Parking
Angle
|
Stall
Width
(A)
|
Stall
Depth
(B)
|
Skew
Width
(C)
|
Aisle Width
Two-Way
(D)
|
Aisle Width
One-Way
(E)
|
Vertical
Clearance
|
|
0° (parallel)
|
9
|
20 feet
|
9 feet
|
24 feet
|
12 feet
|
7 feet 6 inches
|
|
90° (head-in)
|
9 feet
|
18 feet
|
9 feet
|
24 feet
|
20 feet
|
7 feet 6 inches
|
|
60°
|
9 feet
|
21 feet
|
9.8 feet
|
-
|
18 feet
|
7 feet 6 inches
|
|
45°
|
9 feet
|
19.8 feet
|
12 feet
|
-
|
12.5 feet
|
7 feet 6 inches
|
 |
C.
Off-street parking space requirements. In all districts, off-street
parking or garage spaces with proper access from a street, alley or
driveway shall be provided in the amounts indicated in this section.
Such parking spaces must be provided on the lot on which the principal
building is erected or converted, except where shared parking is authorized.
In no case may the number of parking spaces provided per use be less
than the number required below, nor shall the number be subsequently
reduced to an amount less than required hereunder for a new building
or new use.
(1)
Dwelling, single-family detached, single-family semidetached and
two-family detached: at least two parking spaces or garage spaces
for each dwelling unit.
(2)
Dwelling, single-family attached, two-family attached, two-family
semi-attached, multifamily: at least 2.5 parking or garage spaces
for every dwelling unit therein, new or converted.
(3)
Bed-and-breakfast, boardinghouse or rooming house: at least two parking
spaces, plus at least one parking or garage space for each room for
rent.
(4)
Low-impact home-based business and other permitted accessory residential
uses: at least three parking spaces in addition to any other off-street
parking requirements.
(5)
No-impact home-based business: no additional parking is required
beyond the parking requirements for the residence that is the principal
use.
(6)
Hotel or motel: at least one space for every guest room or rental
unit and 50% of the required amounts for any additional uses on the
site.
(7)
Church, synagogue or similar places of worship: at least one
parking space for each four seats in the sanctuary or main assembly
room.
(8)
Nursery school or day-care center: at least one parking space
per employee plus one space for every five enrolled individuals.
(9)
School, elementary: at least two off-street parking spaces for
each classroom plus off-street loading space for at least five school
buses.
(10)
School, junior high or middle: at least two off-street parking
spaces for each classroom, plus one space for each three seats in
the auditorium or gymnasium, plus off-street loading space for at
least seven school buses.
(11)
School, senior or secondary: at least 10 off-street parking
spaces for each classroom, plus one space for each three seats in
the auditorium or gymnasium, plus off-street loading space for at
least seven school buses.
(12)
School, post secondary or trade: at least one space for each
student, based on the design capacity of the building, plus one space
per 300 square feet of office area.
(13)
Auditorium, theater, cinema, gymnasium or any other place of
public or private assembly: at least one space for each four seats
at maximum seating capacity, including temporary seats.
(14)
Restaurant: at least one parking space for each 75 square feet
of gross floor area or fraction thereof.
(15)
Retail store or shop or convenience store: at least one parking
space for every 300 square feet of gross floor area or fraction thereof.
(16)
Personal service establishment: at least one parking space for
every 300 square feet of gross floor area or fraction thereof.
(17)
Multi-tenant retail center served by a common parking area:
at least one parking space for each 200 square feet of gross floor
area or fraction thereof, exclusive of basements if not used for the
sale or display of merchandise.
(18)
Office building, bank or other financial institution, medical
clinic building or public utility office: at least one parking space
for each 250 square feet of gross floor area or fraction thereof.
(19)
Wholesale and/or warehouse establishment: at least one parking
space for each 500 square feet of gross floor area or fraction thereof.
(20)
Laboratory or industrial establishment: at least one parking
space for each 500 square feet of gross floor area or fraction thereof
of office and/or research areas and one space for each 20,000 square
feet of gross floor area or fraction thereof of warehouse space.
(21)
Automobile repair station without a retail convenience store:
at least one parking space, either within or without the structure,
for each 200 square feet of floor or ground area or fraction thereof
devoted to repair or service facilities.
(22)
Health care facility: at least one parking space for each 250
square feet of gross floor area or fraction thereof.
(23)
Residential care facilities for older persons and skilled nursing
facilities: one parking space per two permanent beds approved unless
otherwise a greater number is determined by the Zoning Officer after
taking into consideration the number of units, occupancy per unit
and number of employees.
(24)
Swim club, golf club or similar recreational area: at least
one parking space for each five persons or two families in membership,
whichever is applicable.
(25)
Fitness centers or spas: at least one space each 250 square
feet of gross floor area or fraction thereof.
(26)
Other building or use. For any building or open area used for
a purpose not covered above, a sufficient number of spaces as determined
by the Zoning Officer on the basis of requirements of the individual
case and consistent with the principles set forth above for the most
comparable use.
(27)
Student home: at least three off-street parking spaces; the
required off-street parking spaces cannot be located within a required
yard.
(28)
Short-term rental: at least two parking or garage spaces for
every dwelling unit therein.
[Added 1-18-2022 by Ord. No. HR-447]
(29)
Self-storage facility: at least one parking space for each 1,000
square feet of gross floor area or fraction thereof. Parking spaces
dedicated to the storage of recreational vehicles, boats, campers,
trailers, or similar vehicles shall not be considered in the calculation
of required parking.
[Added 9-19-2022 by Ord. No. HR-456]
D.
Shared parking. Within the nonresidential districts, off-street parking
spaces for separate uses may be provided collectively if the aggregate
number of spaces provided is not less than the sum of the spaces required
in Table 103.2: Shared Parking Calculation. Table 103.2 is applied
in the following manner:
(2)
The required number of spaces for each use is then applied to
the percentages for each time frame, according to the appropriate
land use category, in Table 103.2 to determine the number of required
spaces. This is done for each time frame category.
(3)
The numbers are summed for all land uses within each time frame
and the highest sum total in a time frame is the required number of
spaces.
|
Table 103.2: Shared Parking Calculation
| ||||||
|---|---|---|---|---|---|---|
|
Land Use
|
Weekday
|
Weekend
| ||||
|
Midnight to
7:00 a.m.
|
7:00 a.m. to
6:00 p.m.
|
6:00 p.m. to
Midnight
|
Midnight to
7:00 a.m.
|
7:00 a.m. to
6:00 p.m.
|
6:00 p.m. to
Midnight
| |
|
Residential
|
100%
|
100%
|
100%
|
100%
|
100%
|
75%
|
|
Commercial
|
0%
|
100%
|
80%
|
0%
|
100%
|
60%
|
|
Restaurant
|
50%
|
70%
|
100%
|
45%
|
70%
|
100%
|
|
Hotel/motel
|
100%
|
50%
|
90%
|
100%
|
65%
|
80%
|
|
Indoor/ outdoor place of amusement
|
0%
|
70%
|
100%
|
5%
|
70%
|
100%
|
|
Office
|
5%
|
100%
|
5%
|
0%
|
40%
|
10%
|
|
Industrial
|
5%
|
100%
|
5%
|
0%
|
60%
|
10%
|
E.
Reserved parking. However, the Planning Commission may reduce by
not more than 25% the number of parking spaces required to be initially
paved for a residential use or for a use or establishment, which involves
few residents, employees, customers, or visitors relative to building
area. In such case, the plan submitted must show that sufficient land
is properly identified and reserved to meet the full requirements
of this section, at such time as any such additional parking space
may be required. If the reduced number of parking spaces proves to
be inadequate, the Board of Supervisors will require an increase in
the number of available parking spaces to provide adequately for residents,
employees, customers, and visitors, up to the full requirement for
the building or use involved.
F.
Parking structure design requirements.
(1)
On facades that front on public streets, facade design and screening
must mask the interior ramps and create the illusion of horizontality.
(2)
All parking structures are subject to the required setback and
buffer yard provisions.
(3)
Stand-alone parking structures (principal use of a site) are
limited to the height of the zoning district. Attached parking structures
are limited to a height that is at least 10 feet less than the principal
building height.
(4)
On facades that front on public streets, parking structures
must be designed to minimize blank facades through architectural detail
and landscape. The design of the exterior of the parking structure
must be compatible with the exterior design of the principal structure
to the extent that the parking facility is clearly identified with
the principal structure. Building materials used for the parking structure
must be the same as those used on the principal structure. Where the
parking structure is attached to the principal structure, the facade
treatment of the principal structure must be extended onto the parking
structures. Parking structures as a principal use of a lot must meet
the district design standards as applicable.
(5)
On portions of the ground floor facade where parking spaces
are visible from the public right-of-way, a decorative fence and landscape
or a kneewall is required to screen parking spaces. Such fence or
kneewall must be a minimum of four feet in height. (See Figure 103.1:
Parking Structure Screening.)
|
Figure 103.1: Parking Structure Screening
|
|---|
 |
(6)
For parking structures with rooftop open-air parking, a five-foot
parapet wall is required for screening.
(7)
Any parking structure or group of parking structures containing
200 or more parking spaces must provide a grade separated pedestrian
walkway connecting the parking facility with the principal structure(s).
(8)
A vehicular clear sight zone must be included at vehicular exit
areas as follows (See Figure 103.2: Clear Sight Zone.):
(a)
The facade of vehicular exit areas must be set back from any
pedestrian walkway along that facade a minimum of eight feet for the
portion of the facade that includes the vehicle exit area and eight
feet on each side of the exit opening.
(b)
A sight triangle is defined by drawing a line from the edge
of the vehicular exit area to a point on the property line abutting
the pedestrian walkway eight feet to the side of the exit lane.
(c)
In the sight triangle (bound by the parking structure wall,
pedestrian walkway and vehicular exit lane), ground cover, landscape,
or decorative wall must be used to act as a buffer between the exit
aisle and the pedestrian walkway. Landscape or a decorative wall must
not exceed three feet in height in order to maintain driver sight
lines to the pedestrian walkway.
(d)
The upper story facade(s) of the parking structure may overhang
the vehicular clear sight zone.
|
Figure 103.2: Clear Sight Zone
|
|---|
 |
Adequate off-street loading and unloading space
with proper access from a street, highway, common service driveway
or alley shall be provided on any lot on which a building other than
a dwelling, apartment house, rooming house, boardinghouse or permitted
accessory use is located. The off-street loading and unloading space
shall be in addition to the required off-street parking space, and
in no case shall the required space be less than one.
A.
Each space shall consist of a twelve-foot by thirty-foot
area for vehicles, such as passenger cars and panel or pickup trucks
or a fourteen-foot by fifty-five-foot space for larger vehicles, such
as buses and tractor-trailer type trucks. The height clearance in
both cases shall be at least 15 feet.
B.
All areas for the loading and unloading of delivery
trucks and other vehicles and for the servicing of establishments
or shops by refuse collection, fuel and other service vehicles shall
have adequate and unobstructed access from a street, service driveway
or alley and shall be so arranged that they may be used without blocking
or otherwise interfering with the use of automobile accessways, parking
facilities or pedestrianways.
C.
For commercial establishments providing drive-through
customer service, the following shall apply:
(1)
Each door, window, canopy or other position or facility
used for such service shall be provided with a separate waiting lane.
Each such waiting lane shall be not less than 10 feet wide and 120
feet long.
(2)
Each such waiting area shall be located entirely within
the confines of the lot, shall be continuously separated from street
or property lines by landscaped and curbed planter beds a minimum
of 10 feet wide and shall not block or cross normal circulation patterns,
entrances or exits.
In no district shall a building or lot contain
any use which is noxious or offensive by reason of odor, dust, smoke,
fumes, vibration, illumination or noise, or which constitutes a public
hazard whether by fire, explosion or otherwise.
A.
In determining whether a proposed use is or may become
noxious, hazardous or offensive, the proposed use or operation shall
comply with the following performance standards and with any more
specific standards of a nationally recognized agency for a particular
business or industry as may subsequently be adopted by resolution
or ordinance.
(1)
There shall be no emission of smoke, fumes, odor,
dust or other particulate matter in such quantities as to be evident
or perceptible at the property line of any lot on which a use is conducted,
except as follows:
(a)
There shall be no emission of noxious, toxic
or corrosive fumes, gases or odor and no emission of dust or other
particulate matter in excess of the limits set forth by the Pennsylvania
Department of Environmental Protection and/or the United States Environmental
Protection Agency and/or any other agency having jurisdiction.
(b)
In no case shall the smoke emitted exceed a
density described as No. 1 measured by a standard Ringelmann Chart
as prepared by the United States Bureau of Mines; provided, however,
that smoke of a density not in excess of No. 2 on a Ringelmann Chart
will be permitted for a period not in excess of four minutes in any
thirty-minute period.
(c)
A kiln shall be fired by oil, gas or electricity.
No individual kiln shall exceed 200 cubic feet in capacity, and no
process shall contain a blast or reverberatory furnace or foundry.
(2)
The proposed operation or use shall not endanger surrounding
areas by reason of an unusual fire, explosion or other safety hazard.
(3)
No use shall produce perceptible heat, glare or radiation
beyond the property line. All necessary devices shall be so installed
as to eliminate glare at the property or boundary line.
(4)
No use shall result in electrical or other interference
with any use, process, equipment, appliance or device located beyond
the property lines of the property on which the use is located.
(5)
There shall be no surface or subsurface discharge
or disposal of any wastes, either liquid or solid, by any process
or in any form without prior written approval of the Pennsylvania
Department of Environmental Protection and the Board of Supervisors.
Where public sanitary sewers are available within a reasonable distance,
such facility or use shall be connected to the sewer system, subject
to the regulations and requirements thereof. Where public sanitary
sewers are not available, a private sewage treatment plant may be
permitted or an existing private plant may be utilized only when approved
by the Pennsylvania Department of Environmental Protection and the
Board of Supervisors. Provision shall be made for water supply, fire
protection, stormwater drainage and other utilities.
B.
The applicant for a permit to construct a proposed
business or processing use, when requested, shall demonstrate as a
condition of approval:
(1)
That the proposed use will comply with the standards contained or referred to in Subsection A above; and
(2)
That adequate provisions will be made to ensure that
the proposed use will not be noxious, hazardous or offensive, as defined
above.
(3)
In order to determine that adequate safeguards are
provided, the Zoning Officer may:
In Residence, Rural-Conservation, Planned Apartment
and Office-Apartment Districts, a single-family detached dwelling,
existing at the effective date of this chapter, may be converted into
and used as a two-family or a multifamily dwelling for no more than
four dwelling units when authorized as a special exception, provided
that:
A.
The plans for the conversion of said dwelling shall
be submitted to the Zoning Hearing Board.
B.
Such plans shall provide adequate and suitable parking or storage space, at a safe distance from the public highway, subject to the requirements of § 208-103.
C.
Such dwelling shall be subject to the height, area,
bulk, width and yard regulations effective in the district wherein
the dwelling is situated, except that there shall be a lot area not
less than the product of the minimum lot area prescribed in the district
regulations and the number of families for the use of which such dwelling
is to be converted.
D.
There shall be no external alteration of the building
except as may be necessary for reasons of safety, and fire escapes
and outside stairways shall, where practicable, be located to the
rear of the building.
E.
The Zoning Hearing Board shall specify the maximum
number of families permitted to occupy such dwelling and may prescribe
such further conditions and restrictions with respect to the conversion
and use of such dwelling and to the use of the lot as the Zoning Hearing
Board may consider appropriate.
A.
Purpose. To achieve a better and more attractive pattern
of residential development than is possible under conventional zoning
district requirements applicable to individual lots, the lot area
requirements of R-1/2 and R-1 Residence Districts may be modified
for residential development in compliance with the requirements of
this section. Among the objectives of this provision are to:
(1)
Allow and encourage flexibility in the design and
development of land.
(2)
Facilitate the efficient provision of streets and
utilities.
(3)
Conserve and protect environmentally sensitive areas.
(4)
Ensure the protection and preservation of areas or
structures with particular historic significance.
(5)
Provide a complementary balance of common open space
and sound residential development.
B.
Area requirements.
(1)
The tract of land to be developed shall be in one
ownership or shall be the subject of an application filed jointly
by all owners of the entire tract.
(2)
The tract of land for which a plan is submitted shall
be not less than 10 acres in area.
(3)
The requirements applicable to an individual lot may
be changed as follows:
(a)
In an R-1/2 Residence District:
[1]
There shall be a lot area of not less than 40,000
square feet and a lot width of not less than 150 feet at the building
line.
[2]
There shall be a front yard on each street on
which the lot abuts, the depth of which shall be at least 40 feet.
[3]
There shall be two side yards not less than
50 feet in aggregate width and neither less than 25 feet in width.
[4]
There shall be a rear yard, the depth of which
shall be at least 50 feet.
(b)
In an R-1 Residence District
[1]
There shall be a lot area of not less than 20,000
square feet.
[2]
There shall be a front yard on each street on
which the lot abuts, the depth of which shall be at least 25 feet.
[3]
There shall be two side yards not less than
40 feet in aggregate width and neither less than 15 feet in width.
[4]
There shall be a rear yard, the depth of which
shall be at least 40 feet.
(4)
Except for the lot area and yard requirements, all
other requirements of the district shall apply.
C.
Number of dwelling lots permitted. The purpose of
this subsection is to determine the permissible number of lots for
which a specific tract may be developed under the density averaging
provisions, accounting for the physical uniqueness of each site. To
determine that number when applying for development approval pursuant
to this provision, an applicant shall be required to submit a yield
plan which shall demonstrate compliance with all applicable standard
requirements of this chapter and the Township Subdivision and Land
Development Ordinance.[1]
(1)
To ensure that the site's natural features are accurately taken into account during the process of developing this yield plan, a Natural Features Conservation Plan shall be prepared and submitted with the yield plan. The Natural Features Conservation Plan shall be prepared in compliance with § 181-36D in the Township Subdivision and Land Development. Should application of the density averaging provisions be approved, the Natural Features Conservation Plan shall be resubmitted with the cluster plan, along with all other plans and documentation required by this chapter and the Township Subdivision and Land Development Ordinance.
(2)
Once the number of dwelling units that is achievable
from the yield plan has been approved by the Township Planning Commission
and Zoning Officer, then that number of dwelling units shall be the
maximum number incorporated into a cluster plan. In no case shall
the number of dwelling lots permitted on a tract of land exceed the
number which would have been permitted were the district regulations
not modified in accordance with this provision.
D.
Open space.
(1)
In order to satisfy the stated purpose of this section,
a percentage of the area of the tract shall be designated as common
open space reserved for the use of residents of the proposed development,
by residents of the Township or by the public in general.
(2)
The minimum open space requirement shall be an area
equivalent to not less than 25% of the area of the tract that is net
of any environmentally sensitive areas such as floodplains, wetlands
or steep slopes.
(3)
A total of not more than 5% of the open space land
area may be covered by impervious surface.
(4)
Any area or areas satisfying the minimum open space
requirement shall be contiguous to the residential areas of the development,
shall have a minimum width of 100 feet and shall be appropriate and
in a condition suitable for such uses as active recreation, park sites,
woodland and wildlife preserves, floodplain conservation and for the
preservation of other scenic or historic features so as to contribute
to neighborhood attractiveness, further the purpose of this section
and be consistent with the plan and policy for future land use for
the Township, and shall contain no structures other than those for
outdoor recreational use or historic preservation.
(5)
Areas for common open space use may be dedicated to
the Township or other governmental agency; conveyed to a private,
nonprofit conservation organization; or retained and managed by a
legally constituted homeowners' association. To be dedicated to the
Township, the area must be acceptable to the Township Board of Supervisors.
Satisfactory written agreements or other arrangements acceptable to
the Township Board of Supervisors shall be made for the ownership,
perpetuation and maintenance of all common areas not dedicated to
the Township.
E.
General provisions.
(1)
The application for development shall be accompanied
by a plan or plans for the entire tract, which shall clearly designate
the intention of the applicant for the ultimate ownership and maintenance
of all common areas and the proposed use of each area of the tract.
(2)
No land of such size as to be capable of further subdivision
under the regulations of any district shall be included in determining
the average lot area or satisfying the requirement for common open
space, unless the possibility of such further subdivision is eliminated
by a note on the duly recorded subdivision plan, and by a deed restriction,
conservation easement or agreement in a form acceptable to the Township
Solicitor and duly recorded in the Office of the Recorder of Deeds
of Chester County, or by dedication to the Township for park or other
open space. Notwithstanding the existence or nonexistence of such
deed restrictions, no land that has been included in determining the
average lot area may be further subdivided, except that lot line revisions
may be permitted where such revisions do not result in the creation
of any additional lots.
(3)
Each dwelling shall be served by public water supply
and by public sanitary sewers, except that in R-1/2 Districts, the
Board of Supervisors may approve alternate facilities which will assure
adequate supply and disposal.
F.
Conditional uses.
(1)
The following conditional uses are permitted when
authorized by the Board of Supervisors, following review and recommendation
by the Township Planning Commission.
(a)
The provisions of § 208-107D above related to required common open space areas may be modified as follows:
[1]
All or part of the area which would have been
designated as common open space may, instead, be allocated to one
or more of the proposed lots in order to preserve, perpetuate or maintain
the inherent character of a farm, nursery, estate, historic structure
or similar permitted residential or agricultural use.
[2]
The maximum impervious surface for the required
common open space may be increased to 10% to preserve the character
of a historic structure or for a recreation use on a lot of at least
five acres, subject to the requirement that the area with the impervious
surface be substantially screened from view at the property line through
the use of plantings or berms.
(b)
Where the minimum open space requirement is
increased to an area equivalent to not less than 40% of the area of
the tract that is net of any environmentally sensitive areas such
as floodplains, wetlands or steep slopes, the area requirements in
the R-1/2 District may be modified such that not more than 20% of
the lot area may be covered by impervious surface.
(c)
Where the minimum open space requirement is
increased to an area equivalent to not less than 30% of the area of
the tract that is net of any environmentally sensitive areas such
as floodplains, wetlands or steep slopes, the area requirements in
the R-1 District may be modified such that not more than 40% of the
lot area may be covered by impervious surface.
(2)
The application for a conditional use shall be made simultaneous to and in conjunction with an application for subdivision under the terms of Chapter 181, Subdivision and Land Development, and subsequent approval of the conditional use application shall be made subject to approval of the subdivision application and vice versa.
(3)
In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with the provisions of this chapter, the Board shall, to the full extent permitted by law, base its decision on those same factors and standards contained in § 208-150 for the review of special exceptions and variances. The provisions of § 208-150 related to special exceptions and variances shall, therefore, be applicable to conditional uses as well.
In any area of the Township which is not served
by sanitary sewers, the lot area requirements shall be not less than
those prescribed below. Where the district requirements are more restrictive,
the district requirements shall apply.
A.
In all sections of the Township which are served neither
with sanitary sewers nor with public water supply, lots shall have
a minimum area of one acre and a minimum width at the building line
of 150 feet.
B.
In all sections of the Township which are served with
public water supply, but not with sanitary sewers, lots shall have
a minimum area of 18,000 square feet and a minimum width at the building
line of 85 feet.
C.
All apartment houses and multifamily dwellings shall
be served by both public water supply and sanitary sewers.
A.
Projections. No building and no part of a building
shall be erected within or shall project into the required front yard
except cornices, eaves, gutters or chimneys projecting not more than
18 inches; steps; bay windows not extending through more than one
story and not projecting more than five feet; open balconies and terraces;
patios and decks; or fences and walls not more than four feet in height.
B.
Public transportation shelters. When approved by the
Tredyffrin Township Planning Commission, shelters may be located within
the required front yard and/or within a road right-of-way.
No building and no part of a building shall be erected within or shall project into the required side yard except cornices, eaves or gutters or chimneys projecting not more than 18 inches; steps, patios and terraces; or fences and walls in accordance with § 208-119 hereof, except as otherwise provided in this chapter.
No building and no part of a building shall be erected within or shall project into the required rear yard, except the following: cornices, eaves, gutters or chimneys projecting not more than 18 inches; bay windows and balconies not extending through more than one story and not projecting more than five feet; open steps, one-story decks and porches; patios and terraces; or fences and walls in accordance with § 208-119 hereof, except as otherwise provided in this chapter.
Accessory buildings and structures shall be
subject to the following requirements:
A.
In the RC, R-1/2, R-1, R-2, R-3 and R-4 Districts:
(1)
Private swimming pools, tennis courts, private garages in accordance with § 208-103B(8), sheds and other accessory buildings and structures not specifically covered in Subsection B hereof shall not be located in the area extending the full width of the lot between the principal building and any street line. An accessory building shall be erected six or more feet from the side or rear lot line, as long as the structure does not exceed 144 square feet and is not more than 10 feet in height. Any building exceeding 144 square feet or 10 feet in height must meet the yard and height regulations of the zoning district in which it is located.
(2)
Paddle tennis court or other similar elevated or enclosed structures for outdoor recreation purposes, when authorized as a special exception. In its deliberations, the Zoning Hearing Board shall give special consideration to the appropriateness of the proposed use in the proposed location, the provisions of § 208-150 and the following:
(a)
Such paddle tennis court or recreation structure
shall not be located within 40 feet from any property line.
(b)
Outdoor lighting shall be designed and arranged
to protect adjoining uses from glare or direct reflection, and screening
shall be provided to minimize the effects of such a use on adjoining
properties.
(c)
A site plan shall be submitted indicating the
location of proposed use, existing uses, yard dimensions, screening,
landscaping, lighting and other features indicating compliance with
the above requirements.
(3)
In a Rural-Conservation or Residence District, any
accessory building or structure which is industrial or nonresidential
in appearance, such as a pump station or maintenance shop, shall be
located so as not to be observable from a street or property line.
B.
Except where the provisions of a zoning district may
specifically permit otherwise, in nonresidential districts accessory
buildings and structures may be separate from the principal building,
provided that such building shall not encroach upon or extend into
any of the required yards.
Spires, towers, elevator penthouses, mechanical
equipment, tanks, satellite dishes, antennas and similar projections
shall be included in calculating the height of a building, except
that the foregoing projections may exceed the height limitations of
the underlying zoning district by not more than 10 feet if such projections
do not occupy more than 20% of the area of the uppermost floor or
nonpeaked roof. Chimneys shall be excluded in calculating the height
of a building.
No one-story single-family dwelling erected
on any lot shall have a floor area of less than 900 square feet, and
no two-story single-family dwelling erected on any lot shall have
a floor area of less than 1,200 square feet, exclusive of all porch
areas (whether enclosed or not) and garage areas.
A.
Purpose. The purpose of these standards for construction
and facilities siting is: to accommodate the need for cellular communications
antennae while regulating the location and number of towers in the
Township; to minimize adverse visual effects of towers through careful
design, location and vegetative screening; to avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures; to maximize the use of any new
or existing transmission tower to reduce the number of towers needed
to serve the community; and to limit radiation emitted by telecommunications
equipment so that it will not adversely affect human health.
B.
Antennas.
(1)
Communications antennas attached to or mounted on an existing public utility building, structure or pole, existing communications tower, water tower or other nonresidential building or structure are permitted by right if the height of the antenna does not exceed the height limitations of the applicable zoning district by more than 10 feet, subject to the requirements of § 208-113.
(2)
Antennas shall be constructed to simulate the architectural
facade and/or color of the building or object to which it is attached.
(3)
Communications antennas or satellite dishes larger
than two feet in diameter may not be attached to or mounted on residential
buildings, including apartments, nursing homes, personal care facilities
and boarding schools or dormitories or buildings accessory to these
uses.
C.
Cellular tower sites.
(1)
Use, bulk and height regulations.
(a)
A cellular tower site may be permitted, in addition to other permitted uses on the same lot, in the LI Limited Industrial District, the PIP Planned Industrial District or on any parcel used exclusively for municipal use when authorized as a special exception, following review and recommendation by the Planning Commission, so long as the height of the structure does not exceed 75 feet and the proposed development otherwise conforms to all other area and bulk requirements of the district for which it is proposed and the provisions of this section. The standards for review of a communications tower proposed for a special exception review are contained in Subsection C(1)(b) through (e) below.
(b)
The applicant shall demonstrate, using technological
evidence, that the cellular tower site must go where it is proposed
in order to serve the needs of the community based on all providers
of the service in the area. Such evidence shall include propagation
diagrams and radio frequency studies and the data upon which diagrams
and studies rely, submitted with the application at the time of filing,
that indicate the height and location are the lowest height and best
location to effect the efficient provision of communication services.
(c)
The applicant proposing a communications tower
is required to demonstrate that it contacted the owners of tall structures
within a one-mile radius of the proposed site, whether within or outside
the Township, asked for permission to install the antenna on those
structures and was denied for reasons other than economic ones. Tall
structures include but are not limited to buildings in excess of four
stories, water towers, utility poles, support structures of other
communications companies and other high structures. The municipality
may deny the application to construct a new tower if the applicant
has not made a good faith effort to mount the antenna on an existing
structure and has not demonstrated that there are no available alternatives.
Evidence that one or more of the following was the reason for not
selecting such structure is required to demonstrate a good faith effort:
[1]
The proposed antennas and related equipment
would exceed the structural capacity of the existing structure, and
its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antennas and related equipment
would cause radio frequency interference with other existing equipment
for that existing structure, and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing structures do not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
In order to reduce the number of antenna support
structures needed in the community in the future, the applicant shall
demonstrate that the proposed support structure shall be designed
to accommodate other users, including other cellular communications
companies and/or local police, fire and emergency responders.
(e)
The applicant must demonstrate that the setbacks
from the communications tower and all supporting equipment and structures
to any property line or right-of-way shall be the largest of the following:
(2)
Special development regulations.
(b)
A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of six feet in height and shall otherwise comply with the height regulations set forth in § 208-119.
(c)
The applicant proposing a communications tower
must demonstrate that the tower and any other equipment or building
in support of the tower has been designed to blend in with or mimic
existing features in the landscape such as trees, light poles, clock
towers and flag poles.
(d)
The applicant shall provide a plan prepared by a landscape architect showing landscaping that they will install to screen and buffer as much of the support structure and any other ground level features (such as a building) as possible. The landscape plan may incorporate the use of fences and walls that conform with the regulations in § 208-119 to screen and buffer the communications tower site. The proposed landscaping shall comply with the requirements of the Township Subdivision and Land Development Ordinance and the following provisions:
[1]
Existing vegetation shall be preserved to the
maximum extent possible.
[2]
Where the site abuts residentially developed land, residential zoning districts, residential uses, public land or streets, the site perimeter shall be landscaped with at least one row of deciduous trees, not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart and within 25 feet of the site boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the site boundary. Alternatives such as walls or fences that conform with the regulations in § 208-119 may be permitted by the Zoning Hearing Board based on security or other reasons.
(e)
All communication towers located within 750
feet of a structure shall be constructed in compliance with a minimum
ninety-mile-per-hour wind load or such greater wind load as is appropriate
in the opinion of the Township Engineer.
D.
General regulations.
(1)
All communications towers, antennas and associated
equipment shall be maintained and kept in good repair as required
by applicable federal, state and municipal law.
(2)
All applicants for and operators of any communications
tower or radio transmission antenna located within the Township and
regulated by the Federal Communications Commission shall provide a
copy of a valid operator's license from the Federal Communications
Commission for the transmission of radio frequencies from such tower
or antenna constructed within the Township.
(3)
Any communications tower or radio transmission antennas
shall be dismantled within 60 days following the expiration date of
the operator's license from the Federal Communications Commission
provided to the Township or cessation of use. As a condition of approval
of any communications tower, the Township may require financial security
for the dismantling and removal of such communications tower.
(4)
The applicant shall demonstrate that the proposed
antenna and support structure are safe and the surrounding areas will
not be negatively affected by support structure failure, falling ice
or other debris, electromagnetic fields or radio frequency interference.
All support structures shall be fitted with anti-climbing devices,
as approved by the manufacturers.
(5)
No antenna support structure may be lighted except
when required by the Federal Aviation Administration.
(6)
All other uses ancillary to the antenna and associated
equipment (including a business office, maintenance depot, vehicle
storage, etc.) are prohibited from the antenna or tower site unless
otherwise permitted in the zoning district in which the antenna or
tower site is located.
[Added 2-21-2017 by Ord.
No. HR-414]
A.
Purpose. The purpose of the standards set forth in this section is
to accommodate the use of amateur radio antennas and amateur radio
antenna support structures while regulating their location; to minimize
adverse visual effects of such structures through careful design,
location and vegetative screening; to avoid potential damage to adjacent
properties from failure of these structures through engineering and
careful siting thereof; and to limit radiation emitted by telecommunications
equipment so that it will not adversely affect human health.
B.
Authorization of use. Amateur radio antennas and amateur radio antenna
support structures shall be a use authorized by special exception
in the R-C, R-1/2, R-1, R-2, R-3 and R-4 zoning districts, following
review and recommendation by the Planning Commission, provided that
the use is an accessory use for a single-family detached dwelling.
C.
Sites for amateur radio antenna and amateur radio antenna support
structures. The applicant proposing an amateur radio antenna or an
amateur radio antenna support structure shall be required to demonstrate
such proposal's compliance with all of the following:
(1)
Amateur radio antennas and amateur radio antenna support structures
will not, on a combined basis, exceed 65 feet in height above ground
level, measured from the base of the amateur radio antenna support
structure or other structure or building to which an amateur radio
antenna is attached.
(2)
If applicant proposes to construct an amateur radio support
structure on a lot having a rear yard, such structure shall be located
to the rear of any residential building, and any amateur radio support
structure installed on a lot not having a rear yard shall be located
on the lot in such a manner so as to minimalize the visual impact
of said improvements to the extent possible given the physical features
of the lot. Every amateur radio antenna and amateur radio support
structure must be located entirely on the same lot as the single-family
detached dwelling to which it is accessory.
(3)
No more than one amateur radio antenna and amateur radio antenna
support structure shall be permitted on any lot.
(4)
The setbacks from the amateur radio antenna and amateur radio
antenna support structure to any property line or right-of-way shall
be the larger of the following:
D.
Development regulations. The construction and/or installation of an amateur radio antenna or amateur radio antenna support structure must be authorized by properly issued building and zoning permits and shall comply with the special development regulations set forth in § 208-115C(2)(b) through (e) and the general regulations set forth in § 208-115D.
A.
Where permitted as an accessory use on the same lot
with and incidental to a use permitted in the particular zoning district,
the heliport or helistop also shall comply with the area, coverage
and yard requirements of the applicable zoning district; however,
in no case shall any such landing surface be located closer than 300
feet from any property line or residential district boundary line.
B.
The landing surface shall be paved and level and shall
be at least 60 feet square or, in the case of a circle, shall be at
least 60 feet in diameter. Except for rooftop pads, a secondary thirty-foot
perimeter area shall contain a gravel or grass cover. Both the landing
surface and secondary perimeter shall be well-maintained and shall
be kept dirt-free to preclude blowing dust or debris caused by rotor
downwash and shall contain no structures or other obstacles other
than those required for safety purposes.
C.
The entire perimeter area shall be enclosed by a securable,
well-constructed fence, a minimum of four feet high, which will serve
to prevent unauthorized entry into the landing area. Trees, shrubbery
and other landscaping shall be provided in quantities and dimensions
deemed necessary by the Planning Commission and Zoning Hearing Board
to minimize offensive motor noise and to afford a softening of the
visual impact of the landing area. Rooftop pads shall be excluded
from these requirements.
D.
At least two approach lanes to each landing pad shall
be provided and maintained free of obstructions and shall be located
not less than 90° apart. Each approach lane shall be located within
45° left or right of the prevailing winds and shall fan out at
any angle of 10° from the width of the landing pad to a width
of 1,000 feet and shall have a glide angle slope of eight to one measured
from the outer edge of the pad.
E.
Clear areas for emergency landings of the helicopter
in the event of mechanical failure shall be available. Such emergency
landing areas shall be located within the normal glide range of the
helicopter when operating in the approved takeoff or landing lane.
F.
An application for a landing pad on a roof shall be
accompanied by a certification by a registered structural engineer
that the loads imposed by the helicopter will be supported by the
structure.
G.
All fire and safety equipment provided in conjunction
with a heliport or helistop shall be subject to the approval of the
Township Fire Marshall.
H.
In reviewing any application for a heliport or helistop, the Zoning Hearing Board shall be guided by the standards of review included in § 208-150 and, in addition, may impose restrictions on hours of operation, lighting, noise levels and flight altitude over residential areas and such other requirements as may be appropriate and reasonable to protect the health, welfare and safety of Township residents and their property.
I.
No permit shall be used for the construction of a
heliport or helistop until the land development plan has been approved
by the Planning Commission.
J.
In addition to the requirements of the Township, any
applicant for a heliport or helistop shall comply with the rules and
regulations pertaining thereto of the Bureau of Aviation, Pennsylvania
Department of Transportation, the Federal Aviation Administration
and/or any other public licensing or regulatory agency involved.
K.
It shall be unlawful for any person to land, discharge,
load or take off in a helicopter any place within the Township other
than at a heliport or helistop which has been authorized in accordance
with the foregoing provision of this section, except:
(1)
In conjunction with a special event such as an athletic
contest, a holiday celebration, parade or similar activity, after
seven days' advance written notice has been given to the Township
Manager and permission obtained to make such landing and takeoff.
(2)
When necessary for law enforcement purposes and for
emergencies.
(3)
In connection with a construction project where a
helicopter is to be used to lift equipment in connection with such
project.
[Added 9-19-2022 by Ord. No. HR-456]
Self-storage facilities shall be subject to the following requirements:
A.
In
addition to any buffering and screening requirements of the underlying
zoning district, the outdoor storage of recreational vehicles, boats,
campers, trailers or similar vehicles shall be screened by landscaping
or fencing designed to conceal the view of all such vehicles from
abutting properties.
In any instance where the Board of Supervisors
is required to consider a request for a conditional use in accordance
with the provisions of this chapter, the following shall apply:
A.
Procedure.
(1)
An application or request for a conditional use shall be filed with the Zoning Officer on such forms as may be prescribed by § 208-145B of this chapter and, where applicable, such other plans and drawings as may be required by the provisions of the district in which the conditional use is sought. Upon receipt, the Zoning Officer shall refer such application and plans to the Planning Commission which shall, in turn, schedule a public meeting to discuss and review the application prior to submitting its recommendation to the Board of Supervisors.
(2)
If the Planning Commission fails to render a decision
within 60 days from the date that the application is filed, it shall
be deemed that the Commission recommends approval of the application.
(3)
After notification by the Zoning Officer that an application has been filed, the Board of Supervisors shall fix a time and place for a public hearing to consider the application and shall give public notice thereof in accordance with the provisions of § 208-147 of this chapter. Such public hearing shall be held within 90 days from the date of application. If after a public hearing the application is amended to a significant degree, the Board of Supervisors shall hold another public hearing following public notice thereof.
(4)
The Board of Supervisors may appoint any member of
the Board or an independent attorney to serve as a hearing officer.
The decision or, where no decision is called for, the findings shall
be made by the Board. However, the appellant or applicant, as the
case may be, in addition to the Township, may, prior to the decision
of the hearing, waive the decision or findings by the Board and accept
the decision or findings of the hearing officer as final.
(5)
The Board of Supervisors shall render a decision within
45 days from the last public hearing. Where the Board fails to render
the same within 45 days, the decision shall be deemed to have been
in favor of the applicant.
(6)
The Board of Supervisors may require a memorandum
setting for the terms and conditions of approval in a form acceptable
to the Township Solicitor and signed by the applicant to be duly recorded
in the Office of the Recorder of Deeds of Chester County.
B.
Criteria for review of proposed conditional use. The criteria and standards contained in § 208-150 for the review of requests for special exceptions and variance shall be considered by the Planning Commission and Board of Supervisors in evaluating a proposed conditional use.
C.
Effect of conditional use approval. A use for which
a conditional use is granted shall be deemed to be a conforming use
in the zoning district in which such use is located.
D.
Extension. A use of a building or a lot authorized
as a conditional use, either by decision of the Board of Supervisors
or by the enactment of or amendment to this chapter, may be extended
within the building or upon the lot only when authorized as a conditional
use.
E.
Changes. A use of a building or a lot authorized as
a conditional use, either by decision of the Board of Supervisors
or by the enactment of or amendment to this chapter, may be changed
to a use permitted by right without further approval.
F.
Expiration of conditional use. Unless otherwise specified
by the Board of Supervisors, a conditional use shall expire if the
applicant fails to obtain a building permit or apply for subdivision
or land development approval, as applicable, within 12 months from
the date of authorization thereof, or if, having obtained said building
permit, the applicant fails to commence work thereunder within six
months from the date of issuance of said permit. A conditional use
approval for a development in the Trout Creek Stormwater Overlay District
(TCS) shall not expire for either:
[Amended 10-1-2012 by Ord. No. HR-396]
(1)
A
period of five years; or
(2)
For
a period of 10 years, if the TCS improvements, including public, quasi-public
and private, have been substantially completed, the public stormwater
improvements are substantially completed and operational, and the
balance of the work has been financially guaranteed in a format satisfactory
to the Board of Supervisors.
A.
Purpose. It is the intent of this section to establish
regulations to control the development of areas containing steeply
sloped land for the following purposes:
(1)
To promote the public health, safety and welfare by
the protection of steep slope areas and by encouraging the retention
of open space on steep slope areas located and designed so as to constitute
a harmonious and appropriate part of the physical development of Tredyffrin
Township.
(2)
To minimize soil erosion and sedimentation.
(3)
To protect watersheds and limit increases in stormwater
runoff.
(4)
To protect residents of the Township from property
damage and personal injury caused by runoff, soil erosion and landslides
attributable to nearby development on steeply sloping land.
(5)
To minimize the necessity for expenditure of Township
funds for corrective public works caused by soil erosion and subsidence,
sedimentation and landslides caused by nearby development.
(6)
To maintain adequate foliage and vegetative cover
on hillsides.
(7)
To protect streams from increases in sediment and
pollution.
B.
General regulations.
(1)
Modification of lot area. In every zoning district
except the Rural-Conservation District, every lot which contains land
in the steep slope classification shall exclude all such land from
lot area computations for the purpose of application of the minimum
lot area and maximum building and impervious coverage regulations
of the applicable zoning district classification.
(2)
Construction on steep and very steep slopes. There
shall be no excavation, filling, or erection or construction of buildings,
roads, driveways, parking areas or other similar structures or impervious
surfaces on steep or very steep slopes unless all of the following
conditions are met:
(a)
Area of slopes proposed for grading or modification may not
exceed 10% of the total natural steep slopes on the property. This
percentage limitation shall not apply to man-made steep slopes. When
claiming that steep slopes are man-made, the applicant shall have
the burden of proof to demonstrate that the steep slopes are man-made
and shall provide all related documentation and site testing to the
satisfaction of the Township Engineer.
[Amended 1-27-2014 by Ord. No. HR-403]
(b)
With respect to grading to remove or fill against
existing manmade slopes formed by ditching, roadway construction or
other construction activity and/or filling between existing man-made
slopes in cut areas:
[1]
The slope so affected shall not be a significant
or unique natural feature.
[2]
The area of the steep slopes to be regraded
shall not be counted as non-steep slope area for buildable area computations.
[3]
The grading shall not result in any increase
in steep slope area except that the area of steep slopes between 15%
and 25% may be increased to the extent that the area of very steep
slopes (greater than 25%) is reduced.
[4]
Plans and engineering reports shall be submitted
documenting the stability of the steep slopes created, methods proposed
to handle surface runoff concentrations and landscaping and/or other
means to be employed to maintain slope surface stability against soil
erosion.
(c)
Areas of slopes which are regraded as permitted
above to a slope less than 25% slope may be improved and constructed
upon as provided herein.
(d)
Any area of steep or very steep slopes which
does not exceed, in area, the greater of 500 square feet or 1% of
the area of the lot on which it is located and which is to be regraded
without creating any new area of steep slope may be regraded and/or
have the vegetative cover thereon disturbed. Artificial bands of steep
slopes located along highway frontages may also be regraded and/or
have the vegetative cover thereon disturbed in order to allow for
access onto a lot(s), upon approval of the Township Engineer.
(e)
On any lot which does not qualify for an exemption under Subsection B(2)(d) above, no more than 30% of the area with natural slopes of between 15% and 25% shall be regraded and/or shall have vegetative cover thereon disturbed. The Zoning Officer may allow a modification from this restriction for a proposed lot if the Township Engineer determines that such modification would not have any injurious effect on the proposed development site or any adjacent site or if such modification allows the furtherance of the goals for protection of other environmentally sensitive areas.
[Amended 1-27-2014 by Ord. No. HR-403]
(f)
Areas with restrictions due to slopes must be
left undisturbed to the extent specified herein and not occupied by
structures, driveways, on-lot septic systems, detention basins or
other improvements.
(g)
Areas with natural slopes over 25% shall be protected such that
no more than 10% of the area with such slopes shall be regraded and/or
shall have the vegetative cover disturbed.
[Amended 1-27-2014 by Ord. No. HR-403]
C.
Liability. Neither the approval or granting of any
construction permit or proposed subdivision or site development plan
involving any land governed by the provisions of this section by an
officer, employee or agency of the Township shall constitute a representation,
guaranty or warranty of any kind by the Township or its employees,
officials or agencies of the practicality or safety of any structure,
use or subdivision and shall create no liability upon, or a cause
of action against such public body, official or employee for any damage
that may result pursuant thereto.
Fences, walls and security gates shall be permitted
within required yard areas in accordance with the following:
A.
No fence, wall, berm or other structure shall be erected
or altered and no hedge, tree, shrub or other vegetation shall be
maintained or constructed in the existing or future right-of-way of
a street, or in any location where it would obstruct the approach
sight distance of any highway, street, driveway, traffic signal, traffic
signal sign or crosswalk.
B.
All fences shall be erected with the finished side
facing adjacent properties. The finished side shall be considered
the side without the structural supports.
C.
In all districts, an open or solid fence or a wall
of not more than four feet in height may be erected within the required
front, side or rear yards. The height of a fence shall be measured
from the top of the highest point of the fence panel to the bottom
of the fence panel, allowing the fence panel to be no more than three
inches above the mean level of the ground surrounding the fence panel,
and provided that the height of the supporting fence post, including
finials, shall not exceed eight inches above the maximum permitted
height.
D.
In all districts, an open or solid fence or wall of
not more than six feet in height may be erected within the required
side or rear yards, but not within the required front yard.
E.
In LI Limited Industrial and PIP Planned Industrial
Park Districts, security fences and enclosure walls of not more than
eight feet in height may be erected within the required side and rear
yard areas, but not within the required front yard, provided that
the fence or wall is not abutting a residential property or residential
district.
F.
Zoning permits shall be required for all fences and
walls which exceed four feet in height.
G.
This section shall not restrict retaining walls that
are necessary to hold back slopes.
A.
Home-based businesses shall consist of the following
two types:
(1)
Low-impact home-based businesses: as defined in § 208-6 and as permitted in residential zoning districts shall be governed subject to by the following regulations:
(a)
Not more than one person shall be employed by
the practitioner of the home-based business, such as a nurse, secretary,
clerk, professional or technical assistant, except that two individuals
related by blood or marriage who are members of a recognized profession
shall be permitted to practice together, each with one employee.
(b)
The area used for the practice of a profession
or for a studio shall not exceed the lesser of 600 square feet or
50% of the area of the first floor of the dwelling.
(c)
There shall be no more than one commercial visit
per hour and a maximum of four commercial visits to the premises per
day, with all visits falling between the hours of 9:00 a.m. and 9:00
p.m.
(d)
No external alterations or additions inconsistent
with the residential use or appearance of the dwelling shall be permitted.
(e)
There shall be no more than one low-impact home-based
business in a dwelling or accessory building.
(f)
No low-impact home-based business shall be located
within 500 feet of any other low-impact home-based business, measured
by the shortest distance between the lot on which the proposed use
will be located and the lot or lots which contain the existing use.
This requirement shall not be imposed if the applicant establishes
to the Zoning Hearing Board either that the proposed use is located
in a neighborhood which is not primarily residential in character
or that the proposed use will not have a substantial tendency to commercialize
the neighborhood.
(h)
In addition to the parking requirements for bed-and-breakfast facilities as per § 208-103A(3) when same are proposed, three off-street parking spaces, located to the side or rear of the premises and not in the front yard, shall be required in addition to those otherwise required in the chapter for a single-family dwelling. The perimeter of such parking area shall be continuously landscaped with shrubs of at least 30 inches in height at the time when the business begins.
(i)
Any lot on which a low-impact home-based business
is conducted or proposed shall have a minimum lot size as required
in the applicable district, except the Zoning Hearing Board may require
a greater minimum lot size if they determine that more acreage is
required to maintain the residential character of the property and/or
to provide adequate off-street parking and/or to provide adequate
visual or noise buffers to neighboring residences.
(j)
No more than one business vehicle may be parked
on the property on a regular basis. Any trucks, vans or business vehicles
shall have loading capacities not exceeding two tons. The business
vehicle shall be parked in an enclosed structure or in an area screened
from view from neighboring properties and streets.
(2)
No-impact home-based businesses: permitted by right
in all zoning districts if they satisfy the following requirements:
(a)
The business activity must be compatible with
the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other
than family members residing in the dwelling.
(c)
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business
use, including but not limited to parking, signs or lights.
(e)
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
B.
General regulations.
(1)
A home-based business shall be conducted within a dwelling which is a permitted principal use and the home of the principal practitioner of the home-based business or in an accessory building thereto which is normally associated with a residential use. The home-based business shall be carried on wholly indoors and comply with the parking requirements of § 208-103.
(2)
The area used for the conduct of a home-based business,
whether conducted wholly or partly in an accessory building, shall
occupy no more than 50% of the total floor are of the first floor
of the principal dwelling unit and no more than 600 square feet total,
whichever is less.
(3)
The appearance of the residential structure or accessory
building shall not be altered nor the occupation within the residence
conducted in a manner which would cause the premises to differ from
its residential character by (including, but not limited to) the use
of colors, materials, construction, lighting, show windows or advertising
visible outside the premises to attract customers or clients, other
than those signs permitted by this section.
(4)
There shall be no exterior display, sale or storage
of materials, products, equipment or refuse related to the conduct
of the home-based business.
(5)
There shall be no discharge of potentially dangerous
effluent or fumes.
(6)
There shall be no production or storage of any material
designed for use as an explosive or any other hazardous material or
chemical, excluding such quantity of materials as might normally be
used on a property of a homeowner not engaged in a home-based business.
(7)
No equipment or process shall be used in the conduct
of the home-based business which creates noise, vibration, glare,
smoke, fumes, odors, dust, electrical interference or other objectionable
effects perceptible at or beyond the lot boundaries, or in the case
of a multifamily or attached dwelling unit, off the premises of the
dwelling or unit. No equipment or process shall be used which creates
visible or audible interference in any radio or television receiver
of a neighboring property.
(8)
No home-based business dependent on heavy use of water,
such as pet grooming, shall be permitted unless on-lot sewage facilities
are currently and continually certified by the Chester County Health
Department, or the Director of the Tredyffrin Township Municipal Authority
certifies that there is sufficient capacity in the public sewer system
to handle the additional flow generated by the home-based business.
[1]
Editor’s Note: Former § 208-120.1, Bed-and-breakfast
facilities, was repealed 5-23-2011 by Ord. No. HR-388.
No modification, removal or release of any restrictions
on an area or areas designated as areas for common open space use
shall be permitted except upon a finding by the Board of Supervisors,
following a public hearing thereon pursuant to public notice called
and held in accordance with the provisions of this chapter, that the
same is consistent with the efficient development and preservation
of the entire tract, does not adversely affect either the enjoyment
of land abutting upon or across the street from the tract or the public
interest and is not granted solely to confer a special benefit upon
any person. At any such hearing, any homeowners' association designated
in the development plan which created the open space, any recognized
civic or homeowners' association which operates within a reasonable
distance from the affected site or any entity formed for the express
purpose of acquiring and/or maintaining and/or preserving open space
lands in the Township and surrounding environs and any property owners
or residents adjoining the property at issue shall be deemed to have
standing to participate as parties to the proceedings before the Board
of Supervisors.
Shelters may be allowed in all zoning districts
except the Flood Hazard District only when approved by the Tredyffrin
Township Planning Commission pursuant to a land development review,
when the following criteria are met:
A.
Shelter locations shall be determined following consultation
with the public transit provider.
B.
The shelter shall be at least 10 feet from the cartway's
edge or curbline.
C.
The shelter shall be located far enough away from
streets, access drives, driveways and intersections to maintain a
clear sight triangle for drivers of vehicles using those thoroughfares.
D.
Except where public transportation shelters may be
on opposite sides of the same street, no public transportation shelter
shall be placed closer than 1,000 feet to another on the same street.
E.
Shelters will be placed only with written consent
of the property owner or if located in a street right-of-way with
written consent of the adjacent property owner. This consent, binding
on said property owner and the owner's successors and assigns, shall
be in a form satisfactory for recording which will provide, among
other things, said owner's agreement to maintain the shelter and the
ground around it in a nuisance-free manner and to remove the shelter
when specifically requested to do so by the Township Board of Supervisors
for any reason whatsoever. Maintenance of the shelter and the ground
around it includes keeping the shelter free from trash, debris and
graffiti and removing any handbills, bumper stickers or other labels
which are placed thereon by others.
F.
Shelters shall not contain advertising beyond the
posting of the name of the transit provider, the route stopping at
the location, a schedule of transit arrivals and departures and a
plaque listing the individual, company or firm that maintains the
shelter for the public benefit.
[Added 8-26-2010 by Ord. No. HR-384]
A.
The
following criteria must be met before the Zoning Hearing Board may
authorize a special exception for a student home as limited below:
(1)
The number of student tenants living in a student home shall not
exceed three.
(2)
Single-family dwelling has a floor area of at least 1,000 square
feet exclusive of basements, garages and accessory buildings. Two-family
dwelling has a floor area of at least 2,000 square feet exclusive
of basements, garages and accessory buildings.
(3)
A student home shall not be located closer than the distance equal
to 20 times the required minimum lot width for the type of dwelling
used for the student home in the applicable zoning district where
the student home is proposed to be located from another student home
located on another lot. The distance between the two student homes
shall be measured by the shortest distance between the two lots where
the student homes are located.
(4)
A student home shall meet the area and bulk requirements for the
type of dwelling used for the student home in the applicable zoning
district where such use is proposed.
(5)
A buffer area with a width of 10 feet shall be required for student
homes along the side and rear lot lines of the subject property.
B.
Any student home in the Township shall be subject to chapter 151, Property Registration, of this Code.
C.
This
section is not intended, nor shall its effect be, to limit any other
enforcement remedies which may be available to the Township against
an owner, student tenant or guest thereof found in this chapter or
applicable law.
[Added 12-5-2022 by Ord. No. HR-459]
A.
The
following criteria must be met before the Zoning Hearing Board may
authorize a special exception for a short-term rental as limited below:
(1)
The historic structure to be utilized as a short-term rental must
be listed in the 2003 Historic Resources Survey.
(2)
The short-term rental use must comply with the parking provisions in§ 208-103C(28). To the extent that proposed new off-street parking would otherwise be visible from neighboring properties, such parking areas shall be completely screened by plant material or a combination of plant material, fencing, or berms to a height of at least four feet.
(3)
No square footage added to a historic structure after the date of
adoption of this section may be used as a short-term rental.
(4)
Site lighting shall be designed to screen the source of illumination
and glare completely from adjacent properties.
(5)
The applicant shall have the burden of demonstrating that approval
of the special exception will not jeopardize the preservation of historic
resource(s) contained on the property subject to application. To sustain
this burden. the applicant shall present evidence demonstrating the
following:
(a)
Exact location of the area in which the use is proposed.
(b)
The general design, arrangement, texture, material, scale, mass and
color of any affected building, structure, or site and the relation
of such factors to similar features of other structures on the property.
(c)
That the use will not destroy the distinguishing qualities or character
of the historic resource and its environment.
(d)
Proposed building replacement projects, including complete rebuilds
or partial knockdown rebuilds, are not eligible for short-term rental
use. Interior renovations are allowed that alter the interior historic
nature of the property.
B.
Any short-term rental in the Township shall be subject to Chapter 150, Property Registration for Short-Term Rentals.
C.
This
section is not intended, nor shall its effect be, to limit any other
enforcement remedies which may be available to the Township against
an owner, tenant or guest thereof found in this chapter or applicable
law.
