§ 450-35. Additional requirements for accessory uses., Article V. Additional Requirements for Specific Uses, Chapter 450. Zoning, Part II. General Legislation, Code of Ordinances, Walnutport

Special standards. Each accessory use shall comply with all of the following standards listed for that use:

(1)

Antenna, standard (includes amateur radio antenna).

(a)

Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 70 feet.

(b)

Anchoring. An antenna shall be properly anchored to resist high winds.

(2)

Bus shelters.

(a)

A bus shelter that complies with this section shall be allowed to provide refuge for mass transit riders from adverse weather conditions.

(b)

Only the following signs shall be permitted: one two-sided sign with a maximum sign area of 30 square feet (which may be illuminated); and nonilluminated signs identifying the name of the transit provider, route schedules and maps.

(c)

A bus shelter with advertising signs shall only be allowed within commercial and industrial districts. The location of a bus shelter shall be approved in advance by the transit provider and Borough Council. The applicant shall prove to the Zoning Officer that the location will not interfere with pedestrian traffic along the sidewalk and with safe sight distances at intersections. The Borough may also require a written agreement for use of the public right-of-way.

(d)

The applicant shall prove to the Zoning Officer that there is a legally binding commitment by a responsible entity to properly maintain the bus shelter and to remove the shelter if it is not needed in the future or if it falls into disrepair.

(e)

Such shelters shall be durably constructed, with a roof. For security and safety purposes, the majority of the side walls of the shelter shall be constructed of a clear, shatter-resistant material.

(f)

Any light bulbs/lighting elements shall not be directly visible from outside of the shelters. The lighting may be diffused by an allowed sign. Glare shall not be created.

(g)

A bus shelter shall not be located directly abutting a single-family detached dwelling or a twin dwelling.

(h)

A bus shelter shall only be allowed within a commercial district or an immediately abutting sidewalk.

(3)

Day care, child as accessory to a dwelling (includes family day-care home or a group day-care home).

(a)

See § 450-30 and the definitions in § 450-24 concerning the number of children who can be cared for in different zoning districts in a family day-care home or a group day-care home.

(b)

In any case, seven to 12 more children (other than children who are "related" to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 12,000 square feet and a ten-foot minimum setback from all existing dwellings on another lot(s). Four to six children, in addition to children who are related to the primary caregiver, shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.

(c)

The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

(d)

The use shall be actively operated by a permanent resident of the dwelling.

(e)

If four or more children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.

(f)

See also "day-care center" as a principal use in § 450-34, and day care as accessory to a place of worship in § 450-30A.

(g)

The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.

(h)

The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

(4)

Drive-through facilities.

(a)

The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(b)

On-lot traffic circulation shall be clearly marked.

(c)

A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.

(5)

Fences and walls.

(a)

Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.

(b)

No fence, wall or hedge shall obstruct the sight requirements of § 450-62C.

(c)

Fences.

[1]

Front yard. Any fence located in the required front yard of a lot in a residential district shall:

[a]

Be an open-type of fence (such as picket, metal post or split rail) with a minimum ratio of 1:1 of open to structural areas;

[b]

Not exceed four feet in height; and

[c]

In a Historic District, such fence shall not be constructed from chain-link metal. Fences are encouraged to be constructed using weather-resistant wood, vinyl materials that resemble wood, or vinyl materials that resemble historic-style metal post fences.

[2]

On a corner lot, the maximum height of any fence shall be four feet within a yard that faces a street (not including a lot along an alley).

[3]

Brick may be used for posts or as a base for a fence, provided the maximum fence height is not exceeded.

[4]

On a corner lot, a fence shall meet the same requirements along both streets as would apply within a front yard. However, a fence in the second front yard may have a height of six feet and is not required to be an open-type fence if it is located to the rear of the principal building. A fence shall not be required to comply with minimum setbacks for accessory structures.

[5]

Height. Fences that are not within a residential district shall have a maximum height of six feet in a minimum front yard setback and eight feet in other locations. A fence in a residential district, other than a required front yard, shall have a maximum height of six feet.

[a]

However, a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard, such as around an electric substation.

[b]

Structural posts of a fence may extend above the height of the fence.

[6]

Setbacks. No fence shall be built within an existing street right-of-way. A fence is not required to be set back from a lot line, but a small setback is recommended to provide for future maintenance of the fence.

[7]

Fence materials. Barbed wire shall not be used as part of fences around dwellings. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.

[8]

Facing of fence. If one side of a fence includes posts or supports, those posts or supports shall be placed on the interior of the fence, as opposed to facing onto a street or another lot.

(d)

Walls.

[1]

Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts.

[2]

Walls in the minimum front yard or the side or rear accessory building setback in a residential district shall have a maximum height of three feet. On a corner lot, the maximum height of any wall shall be three feet within a yard that faces a street. Any other wall that is within a required yard shall have a maximum height of six feet.

[a]

This height limit shall not apply to a wall serving as a backing for a permitted sign if permitted by § 450-51.

[3]

Walls that are attached to a building shall be regulated as a part of that building.

(6)

Garage sale.

(a)

See definition in § 450-24. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.

(b)

If accessory to a dwelling, no garage sales as an accessory to a dwelling shall be held on a lot during more than four days total in any 12 consecutive months.

(c)

The use shall be clearly accessory to the principal use.

(d)

See also the provisions for garage sales in the Borough Code.

(e)

See sign provisions for garage sales in § 450-50.

(7)

Home occupations (also see no-impact home-based business).

(a)

All home occupations shall meet the following requirements:

[1]

The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on-site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.

[2]

The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

[3]

The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

[4]

One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

[5]

The use shall not require delivery or pickup by tractor-trailer trucks.

[6]

The regulations of Subsection D(11)(d) of this section regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

[7]

No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.

[8]

A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

[9]

Any tutoring or instruction shall be limited to a maximum of three students at a time.

[10]

A barber or beauty shop shall not include any nonresident employees.

[11]

The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

[12]

The only allowed sign shall be one home occupation sign meeting § 450-50. Such sign shall not be illuminated and shall be attached to a building.

[13]

The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the amount of deliveries that will be needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and the setbacks from other dwellings.

[14]

The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

[15]

The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation, and if specifically approved as part of a special exception approval. Such retail sales shall be limited to sales that are clearly accessory to an approved barber shop or similar on-site service.

[16]

If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.

[17]

A zoning permit shall be required for any home occupation.

[18]

If a tenant is seeking special exception approval, written consent for the application shall be provided from the owner of the property.

[19]

If a home occupation is discontinued for a period of over one year, then a new approval shall be required before the home occupation may be reestablished.

(8)

No-impact home-based business. No-impact home-based businesses are permitted-by-right accessory uses. The business or commercial activity must satisfy the following requirements:

(a)

The business activity shall 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.

(h)

The business may not involve any illegal activity.

(9)

Outdoor storage and display. Commercial or industrial as a principal or accessory use.

(a)

Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, buffer yard, sidewalk or other area intended or designed for pedestrian use or required parking area.

(b)

No such storage or display shall occur on areas with a slope of 25% or more within the one-hundred-year floodway.

(c)

Screening. See § 450-62.

(d)

Any storage of more than 50 used tires shall only be permitted as part of a Borough-approved junkyard. Any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet.

(10)

Pets, keeping of.

(a)

This is a permitted-by-right accessory use in all districts.

(b)

No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.

(c)

See Chapter 113, Animals, which regulates the number of animals.

[1]

In any case, if more than 10 dogs over five months in age are kept on a lot, it shall be regulated by this chapter as a kennel.

(d)

The keeping of up to two total pigeons, chickens, ducks, geese and/or similar-sized animals shall be permitted on lot with a minimum lot area of 10,000 square feet.

(e)

Animals shall only be permitted provided they do not create unsanitary conditions or noxious odors for neighbors.

(f)

A minimum lot area of two acres shall be required for the keeping of a horse or similar-sized animal, with one additional acre required for each additional such animal.

(g)

Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards, but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.

(h)

It shall be unlawful on a residential property to maintain any exotic wildlife as defined by the Pennsylvania Game and Wildlife Code, whether or not an exotic wildlife possession permit has been issued.

(11)

Residential accessory structure or use. (See definition in Article III.)

(a)

Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 450-31 unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within 10 feet of any street right-of-way line (such as on a corner lot).

(b)

Accessory buildings in a residential district shall meet the following requirements:

[1]

The maximum total building coverage of all accessory buildings and principal buildings shall not exceed the maximum percent building coverage in the Table of Dimensional Requirements in Each District at the end of this chapter for the various residential districts. (Note: this building coverage limit does not include: unroofed household swimming pools; any attached, unroofed swimming pool deck; or fences.)

[2]

The maximum total impervious lot coverage of all accessory buildings and principal buildings shall not exceed the maximum percent impervious coverage in the Table of Dimensional Requirements in Each District at the end of this chapter for the various residential districts. (Note: this impervious lot coverage limit does include: a swimming pool unit, defined, herein, as the swimming pool plus any adjacent sidewalk and/or paved surface around the pool, any roofed pool deck, any pool house; impervious patio areas; and any other impervious areas on the lot.)

(c)

Height. See § 450-31B.

(d)

Parking of trucks and buses. The overnight parking of commercial trucks and buses on a primarily residential lot in a residential district is prohibited, except that the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:

[1]

The parking of a maximum of two vehicles, each of up to 14,000 pounds aggregate gross vehicle weight.

(e)

Repairs. No maintenance or repair of either of the following shall occur on a principally residential lot:

[1]

Trucks with an aggregate gross vehicle weight of over 14,000 pounds aggregate gross vehicle weight; or

[2]

Vehicles not owned or leased by a resident of the lot or his/her relative.

(f)

See setback exceptions in § 450-62B.

(g)

A maximum of one motor vehicle that does not display a current state registration and license plate may be stored on a residential lot outside of an enclosed building. However, such unregistered motor vehicle shall not be stored for more than 30 days in any calendar year. See also Chapter 422, Vehicles, Abandoned and Junked.

(12)

Swimming pool, household (referred hereafter as "pool").

(a)

Enclosure pools. A new or existing swimming pool shall include a secure fence with a minimum four feet height or other enclosure meeting the requirements of the applicable Building Code.

(b)

Location. Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be set back a minimum of 10 feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be set back from lot lines. A pool is not permitted within a required front yard. A pool shall comply with limitations of any water or sewer easement.

(c)

Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method may be subject to approval of the Zoning Officer.

(d)

The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.

(13)

Telephones or vending machines.

(a)

No outdoor pay telephone and no outdoor coin-operated vending machine shall be placed on a public sidewalk in the public right-of-way, except for newspaper/periodical vending machines, and only with the permission of the property owner. A newspaper/periodical vending machine shall only be permitted on a sidewalk if a four-foot wide pedestrian path is unobstructed.

(b)

No pay telephone and no coin-operated vending machine shall be outdoors as accessory to a dwelling or vacant lot.

(14)

Unit for care of relative.

(a)

The use shall meet the definition in § 450-24.

(b)

The accessory unit shall be occupied by a maximum of two persons, who shall be close "relatives" of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.

(c)

The applicant shall prove to the Zoning Hearing Board that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit after the relative no longer resides within the unit. A written plan shall be submitted showing how the separate unit will be changed to no longer be a separate unit. The accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative, and then be reconverted to a garage or permitted home occupation area.

(d)

The applicant shall establish a legally binding mechanism that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

(e)

The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.

(f)

Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines.

(g)

Additional parking for the accessory unit may be waived by the Zoning Hearing Board as part of the special exception approval if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.