The intent of these General Provisions is to provide supplementary regulations and standards which are common to all zoning districts.
1. A lot which existed at the time of adoption of this Ordinance that complies with the area and dimensional standards of this Ordinance shall not be reduced in size so that the minimum lot area and/or dimensional requirements of this Ordinance are not met. A lot that existed at the time of adoption of this Ordinance and does not comply with the minimum lot area standards of this Ordinance shall not have its area reduced by subdivision.
2. Where a minimum lot area is specified, no building or use shall be erected or established on any lot which is smaller than the minimum lot area, except as provided in Section 1801.E.
3. The lot or yard requirements shall not include any part of a lot that is required by any other permitted building or use to comply with the requirements of this Ordinance.
B. Frontage and Access
No principal permitted building shall be built upon a lot which does not have frontage on a public or private street which is constructed in accordance with the design standards for streets as set forth in the Solebury Township Subdivision and Land Development Ordinance, or for which such improvements have been insured by the posting of financial security pursuant to the Subdivision and Land Development Ordinance.
Such frontage shall be in accordance with that specified in the Article pertaining to the particular district in which such lot is located.
C. No more than one (1) permitted principal use shall be permitted on a lot, except in the following cases:
1. Conversions of existing buildings in accordance with Article 19.
2. Development in the RD District.
3. Multiple tenant occupancy as related to the RC, TNC and LI Districts for uses involving shopping centers, specialty shopping centers, and office parks.
4. Single-family detached residential dwelling and agricultural use.
D. Minimum Lot Width
Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than required under the applicable zoning district, except as provided in Section 1801.E.
The provisions of Sections 1801.A.2. and D. shall not prevent the construction of a building on any lot in the RA and RB Districts which was lawful when created and which, prior to the effective date of this Ordinance, was in single and separate ownership duly recorded by plan or deed, subject to the provisions of Article 19. However, the above shall not prevent the erection of a one-family dwelling upon a lot existing on or before July 29, 1956, of less area and less minimum width at the front building line, and in such case the total width of the two side yards may be reduced in the proportion that the width of the lot is less than one hundred sixty (160) feet, provided, however, that no such dwelling shall be erected upon a lot having an area of less than ten thousand (10,000) square feet and a width of less than seventy (70) feet.
F. Front and Side Yards of Corner Lots
Corner lots shall provide front yard setbacks on both streets.
G. Front Yard Regulations
Where a minimum depth of front yard is specified in a District, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure except as may be hereinafter permitted.
H. Exception to Required Front Yard for Certain Accessory Uses
The front yard requirements for any district shall not apply to driveways, sidewalks, lights, fences, wells, signs and off-street parking areas open to the air. Garages, carports, or other structures shall not be located in front yards.
I. Side and Rear Yard Requirements
Where a minimum width of side yard is specified, no building or other structure shall be erected within each such width from either side lot line, except as provided in Article 19 relative to setbacks for accessory use structures.
J. Projections into Required Yards
No building or structure or part thereof shall be erected within, or shall project into any required yard in any district except for: terraces, patios, platforms, or other uncovered spaces, buttresses, chimneys, cornices, piers, or pilasters, unenclosed fire escapes, steps, bay windows, and balconies; and accessory use structures as provided for in Section 1902. However, no such projection shall extend from the existing building more than five (5) feet into the setback area, at or below the first floor level.
A.plan submitted for a land development or the subdivision of land shall have a well-designed street system to serve interior lots. Narrow lots are permitted only when no other practical design layout is possible. The subdivision of land primarily by the use of narrow lots is not permitted. No more than two narrow lots may be created from the same tract even if the lots are subdivided from the tract at different times. Narrow lots are not required to meet the minimum lot width requirements at the building setback line as defined in Section 3.11 of the Subdivision and Land Development Ordinance measured from the street from which access will be gained provided the lot complies with all of the following requirements:
A. The narrow portion of the lot containing the access to a public road shall be separated from any other narrow lot by at least a distance equal to twice the minimum lot width for the district in which the lots are located. This minimum spacing applies if the narrow lots are part of the same subdivision or not, are owned by the same persons or are subdivided at different times.
B. The narrow portion of the lot shall be limited to a maximum length of eight hundred (800) feet measured from the ultimate right-of-way line to the point where the lot first obtains the minimum lot width measurement.
C. Narrow lots must be offset by at least one (1) minimum building lot width from narrow lots on the opposite side of the road.
D. The portion of the lot from the point at which the lot reaches minimum lot width to the ultimate right-of-way is not to be included in the net lot area. It shall, however, be. included in the gross lot area, exclusive of any easements.
E. The narrow portion of the lot shall have at least fifty (50) feet of frontage on a public street and no portion of the lot shall be narrower than fifty (50) feet.
F. The front yard setback for a narrow lot shall be a distance equal to the front yard requirements for the district in which the lot is located and shall be measured from the point where the lot first obtains the minimum lot width measurement.
A. No fence or wall over six (6) feet in height, except a retaining wall or a wall of a building permitted under the terms of this Ordinance, shall be erected within any of the required yards, unless that portion of the fence or wall which exceeds six (6) feet in height has a ratio of open to solid area of at least five to one (5:1) and only if in accordance with Section 1908.
B. Any solid fence over five (5) feet in height which is within one hundred fifty (150) feet along the street frontage shall be landscaped in accordance with Section 1908.
C. Gates across driveways shall have a minimum clear opening of twelve (12) feet when open. A minimum of thirty (30) feet of straight driveway shall be provided between the edge of the cartway and the gate, and there shall be no sharp turns or obstructions that would prohibit the free access of fire fighting equipment between the gate and structures on the property.
1. Gates across driveways or lanes that provide access to fields for farm equipment are specifically exempt from this regulation.
The Board of Supervisors may determine that the height regulations prescribed within this Ordinance may be exempted for the following: Church spires, steeples, belfries, cupolas or domes, solar panels, clock towers, chimneys, ventilating fans, air conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water towers or water tanks, public utility poles or public utility towers, windmills, silos, smokestacks and ornamental or other necessary mechanical appurtenances, provided such structures are not used for human occupancy and are set back a distance equal to their height (from ground level to the top of the structure) from a property line.
On any lot, no wall, fence, or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be installed or maintained, which may cause danger to traffic on a street by obscuring the view. A clear sight triangle shall be maintained in accordance with the design standards and required improvements for streets set forth in the Solebury Township Subdivision and Land Development Ordinance.
SECTION-1806 RIGHT-OF-WAY WIDTHS FOR STREETS
Whenever the existing street right-of-way is less than that required by the Solebury Township Subdivision and Land Development Ordinance for the particular classification of street, the right-of-way widths set forth in the Subdivision and Land Development Ordinance shall be applicable to any subdivision, land development or project related to this Ordinance.
In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following provisions shall apply to streets classified in the Solebury Township Subdivision and Land Development Ordinance as Arterial, Collector, Industrial/Commercial Streets, and Residential Collector Streets:
A. Each use with less than one hundred (100) feet of frontage on a street shall have not more than one (1) accessway to each street, and no use with one-hundred (100) feet or more of frontage on a street shall have more than two (2) accessways to any one (1) street for each three hundred (300) feet of frontage.
B. Whenever there is reverse frontage, a landscaping plan must he submitted and approved by the Township, indicating a buffer or screen for the rear yards.
C. In the case of a shopping center, specialty shopping center, office park, group of multiple family dwellings, or similar grouping of buildings on a lot, and in any other case where feasible:
1. All buildings shall be accessible from a marginal access street, driveway or similar accessway before gaining access to a public street.
2. All points of vehicular access to and from a street shall be located not less than one hundred fifty (150) feet from the intersection of any street lines,. provided, however, that such a point of vehicular access, which in effect, converts a "T" intersection into an intersection of two (2) streets which cross one another, shall be permitted.
3. Provision shall be made for safe and efficient ingress and egress to and from streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the Township.
4. All streets and accessways shall conform to the Design Standards and Required Improvements of the Solebury Township Subdivision and Land Development Ordinance. Provision shall be made for adequate signalization, turn, standby, and deceleration lanes, and similar improvements.
5. All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Township.
Except as provided in Section 1901.F.5., every dwelling shall have a minimum covered and enclosed net floor area of five hundred (500) square feet excluding the areas of basements. Attached garages or similar attached structures shall not be considered in computing floor area in any case.
I. DEFINITIONS
A. NON-CONFORMING BY USE : A lawfully established use of land, building, or structure, which is not a permitted use in the zoning district in which it is located, is nonconforming by use.
B. NON-CONFORMING LOT OR PARCEL OF LAND BY AREA OR WIDTH : A lot or parcel of land which fails to meet the applicable requirements for area or width, provided that setbacks and other requirements, not involving area or width, including use, shall conform to the regulations for the zoning district in which such lot or parcel of land is located.
C. NONCONFORMING BUILDING OR STRUCTURE OR LOT OR PARCEL OF LAND BY DIMENSION . A lawfully established building or structure, or lot or parcel of land, not in total compliance with all dimensional regulations for the zoning district in which such lot or parcel of land is located, is nonconforming by dimension. Dimensional regulations include all regulations relating to set-backs, buffer areas and other dimensional restrictions respecting the location of buildings or structures from other features on the lot or parcel of land, such as, by way of example only, septic systems, floodplains or slopes. A building or structure may be partially non-conforming by dimension if a portion of the building or structure violates the dimensional regulations, such as where only a portion of a structure is located within a prescribed set-back.
D. NONCONFORMING BY NUMBER OF DWELLING UNITS . A lot or parcel of land and/or a building or structure containing more dwelling units than are permitted by the use regulations of this ordinance shall be nonconforming by number of dwelling units. A building or structure containing a permitted number of dwelling units by the use regulations of this zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
E. NON-CONFORMING USE, STRUCTURE OR DIMENSION BY CONDITIONAL USE, VARIANCE OR SPECIAL EXCEPTION . A nonconforming building, structure, lot or parcel of land, or the use thereof, which exists by virtue of a conditional use, variance or a special exception granted by the Zoning Hearing Board or Board of Supervisors shall not be considered non-conforming for the purposes of this section, and shall not acquire any rights of this section. Any changes, additions, enlargements, expansions, intensifications or changes of such use, lot or parcel of land, structure or dimension, to any use other than a permitted use or other than in complete conformance with this Ordinance, shall require a further variance or special exception from the Zoning Hearing Board, or in the instance of a conditional use, permission from the Board of Supervisors.
F. MULTIPLE NON-CONFORMITIES . A parcel or lot may be non-conforming with respect to multiple provisions of the Zoning Ordinance. In such event the lot, parcel of land, building or structure shall be considered as meeting the definition of each applicable paragraph (A) (E).
II. Continuations: A lawful use of a building, structure, lot or parcel of land, existing and lawful at the time of the enactment of the zoning regulation affecting the building, structure, lot or parcel of land, or in the case of an amendment to this Ordinance, then at the time of such amendment, may be continued except as hereinafter provided, even though such use does not conform to the current provisions of this Ordinance.
III. Non-conforming uses:
A. A non-conforming use conducted entirely outside of a building or structure shall not be changed to another non-conforming use.
B. A non-conforming use that is partially or completely conducted within a building or permanent or temporary structure or building may be changed to another non- conforming use by way of a special exception granted by the Zoning Hearing Board, upon proof that the proposed new use will be no more detrimental to its neighborhood and surroundings than the use it is to replace. In determining relative "detriment," the Zoning Hearing Board shall take into consideration, among other things: traffic generated; sanitary sewage disposal; parking requirements; nuisance characteristics, such as noise and the emission of odor, dust and smoke; fire hazards; the hours and manner of operation; water consumption and any other issues deemed to be in the public interest. Any applicant for a special exception shall have the affirmative burden of proving that there shall be no detriment to the proposed change and shall present evidence addressing traffic generated; sanitary sewage disposal; parking requirements; nuisance characteristics, such as noise and the emission of odor, dust and smoke; fire hazards; the hours and manner of operation; water consumption and any other issues deemed to be in the public interest. The Applicant shall further provide proof that there shall be no additional burden on existing infrastructure within the Township or services provided by other governmental entities. All other changes of non-conforming uses that are partially or completely conducted within a permanent or temporary structure or building are expressly prohibited.
C. Expansions: The non-conforming use of a building, structure or parcel of land may be extended or expanded by no more than a total of fifty (50%) percent of the total area of the building, structure or parcel of land that was exclusively used in a non- conforming fashion at the time the non-conformity first arose. Areas of buildings, structures or lot or parcels of land not exclusively used in a non-conforming fashion shall not be considered in the calculation of the maximum expansion. All dimensional limitations on the expansion of the use, including set-backs and buffers shall be fully respected. This is a cumulative maximum.
1. Illustration 1: In a one-thousand (1000) square foot building, where onehundred (100) square feet is devoted exclusively to a valid non-conforming use, the total area so used, in whole or in part, on all floors of the building, may be expanded a total maximum of fifty (50) square feet so that the cumulative total of area devoted to a valid non-conforming use is a total of one-hundred-fifty (150) square feet.
2. Illustration 2: On a one (1) acre parcel of land, with one-half (1/2) acre of the land totally devoted to a valid non-conforming use, the area devoted to the non-conforming use may be expanded by a maximum of one-quarter (1/4) acre, for a cumulative total of three-quarters of an acre (3/4) that may be used in a non-conforming fashion. The expansion of the area may not be made onto adjacent parcels of land even if the parcels have common ownership and common non-conformity and all dimensional limitations on the expanded use, including set-backs and buffers, shall be fully respected.
3. Illustration 3: A one (1) acre parcel of land totally devoted to a nonconforming use may not be expanded to adjacent parcels of land even if the parcels have common ownership.
IV. Non-conforming lot by area or width: A non-conforming lot or parcel of land by area or width may not be expanded by consolidation with other parcels, provided, however, that a non- conforming lot by area or width may be consolidated with other contiguous parcels in order to more fully conform with the applicable requirements for area or width regulations for the zone in which such lot or parcel is located even though the resultant lot is still not conforming.
1. Illustration: Two contiguous, validly existing, non-conforming, one-quarter (1/4) acre lots are located within a zoning district with a minimum lot size of one (1) acre. These lots may be consolidated to create a non-conforming one-half (1/2) acre lot.
V. Non-conforming buildings or structures by dimension: Expansions of or changes to dimensionally non-conforming buildings or structures are not permitted except to the limited extent set forth below only.
A. Expansions or changes of a totally non-conforming building or structure that has one or more dimensional non-conformity may be changed or expanded in order to fully, or more fully, conform with all applicable dimensional requirements for the zone in which such non-conforming building or structure is located. The total area of the totally non- conforming building or structure may, at the same time, be increased provided that the expanded area shall not exceed a cumulative maximum of 50% of the footprint of the totally non-conforming building or structure.
1. Illustration: If a building or structure is located on a property in such a way that the building or structure is totally non-conforming, dimensionally (i.e. e.g. where the structure is entirely within the scenic road set-back) the building or structure may be modified to such that the non-conforming area is reduced. For example, a porch area that is encroaching into the set-back by 20 feet may be modified such that the encroachment is lessened to 10 feet. If the totally non-conforming building or structure has a footprint area of 500 square feet, the total, cumulative maximum expansion shall not exceed 250 square feet. In no instance may the dimensional non-conformity be increased, meaning that the encroachment shall not be increased. Therefore, where a porch area that is encroaching into the set-back by 20 feet, it may not be expanded so that any portion of the porch area encroaches 21 feet.
B. Buildings and structures with partial dimensional non-conformities, that is, if a building or structure is located on a property in such a way that the building or structure is only "partially" conforming and "partially" non-conforming, (for example where a setback line runs "through" the building or structure), the partially non-conforming building or structure may be expanded to a cumulative maximum of 50% of the footprint area of that portion of the building or structure that is partially dimensionally non-conforming, provided that no new non-conformities are created by the expansion or change.
Buildings or structures with more than one floor will be permitted to expand vertically provided that the second floor has a footprint equal to, or less than the footprint of the first floor. Those areas or portions of buildings and structures with partial dimensional non-conformities that are not within the dimensionally non-conforming area may be expanded in conformity with all other limitations in the Ordinance without area limitations.
1. Illustration 1. If a building with a 1,000 square foot footprint is encroaching in the side-yard set back by ten (10) feet, with the area of encroachment being 500 square feet, the non-conforming structure may be expanded by up to 250 square feet (i.e. 50% of the 500 square feet), (not 500 square feet (50% of the total area of the building including the conforming areas), provided that the expansion stays within the existing ten (10) foot encroachment and all other limitations in the Ordinance are also met.
2. Illustration 2. If a building with a 1,000 square foot footprint has a second floor, each of which is encroaching in the side-yard set back by ten (10) feet, with the area of encroachment being 500 square feet, each floor of the non-conforming structure may be expanded by up to 250 square feet (i.e. 50% of the 500 square feet per floor) provided that the expansion stays within the existing ten (10) foot encroachment and all other limitations in the Ordinance are also met.
3. Illustration 3. If a building is encroaching in the front-yard set back by ten (10) feet, the rear portion of this partially non-conforming structure may be expanded without limitation in area so long as the expanded area is in total conformity with all other limitations in the Ordinance.
C. No expansions or extensions otherwise permitted hereby may be made within or into dimensionally restricted areas if the expansion will be in greater violation of the dimensional limitation.
1. Illustration 1: If a building is encroaching in the side-yard by ten feet (10'), a proposed expansion of the non-conforming structure shall be prohibited if the expansion will encroach greater than ten feet even if the maximum expansion has not been met or exceeded.
2. Illustration 2: If a building encroaches into a 10 foot side yard by 2 feet, no expansion can encroach further than 2 feet.
D. A building or structure that is dimensionally non-conforming because of its height shall not be expanded to increase its height.
E. Any expansion of a structure that has multiple floors will be reviewed on a floor by floor basis for conformity.'
1. Illustration 1: If a non-conforming building encroaches by 10 square feet on each of 3 floors, the building may not be expanded by more than 5 square feet on each of the three floors; the total expansion cannot be accumulated and the total of 15 square feet of expansion cannot be applied to one or two floors of the structure. Each floor is to be examined separately and has a cumulative maximum expansion of five feet (5') per floor.
F. A lot or parcel of land that is nonconforming by number of dwelling units may not be expanded with the addition of a building or structure containing more dwelling units.
VI. Parcels, lots, buildings or structures with multiple non-conformities. Any proposed expansion of a building, structure, lot or parcel of land that is nonconforming by more than one factor, (i.e. use, dimensional limitations or area) shall comply with every restriction and regulation of this section. Where the regulations conflict, the most restrictive regulations shall apply.
VII. Reconstruction of Damaged or Destroyed Non-conforming Structures and Buildings.
A. Any nonconforming building or structure destroyed or damaged, in whole or in part, may be reconstructed on the foot print of the nonconforming building or structure, and to the height and dimensions that building or structure had immediately prior to the destruction or damage. The relocation of the destroyed or damaged nonconforming building or structure to other areas on the lot or parcel of land is not permitted unless the relocated building or structure shall thereafter be made to fully conform to all provisions of the Zoning Ordinance. Any expansion of a destroyed or damaged nonconforming building or structure shall be limited as otherwise provided in this Section.
VIII. Prior illegal establishment. Any building, structure, lots or parcel of land illegally established prior to the effective date of this Ordinance, or any amendments thereto, shall not be granted nonconformance status nor shall it become legally established subsequent to the effective date of this Ordinance or any amendment thereto.
IX. Abandonment
A.If a non-conforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one (1) year, or more, as determined by the Zoning Hearing Board, all subsequent uses of such building, structure or land shall be in conformity with the provisions of the Ordinance.
X.Change of Tenancy or Ownership
A.There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises provided there is no change in the nature or character of such non-conforming uses except in conformity with the provisions of this Ordinance.
XI. REPEALER: All other provisions of the Solebury Township Zoning Ordinance shall remain in full force and effect and this Ordinance does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Ordinance. All other Ordinances or provisions of Ordinances inconsistent herewith or in conflict with any terms hereof, to the extent of said inconsistencies or conflicts are hereby specifically repealed.
XII. SEVERABILITY: If a court of competent jurisdiction declares any provision of this Ordinance unconstitutional or invalid, that decision shall only effect the provision declared to be unconstitutional or invalid. The decision shall not affect the validity of the entire Ordinance.
XIII. SAVINGS CLAUSE. In the event any portion of this Ordinance is determined by a court or jurisdiction to be unconstitutional or unenforceable, it shall not affect any of the other provisions of this Ordinance or of any other Ordinance. All other provisions of this Ordinance shall remain in full force and effect.
XIV. EFFECTIVE DATE. All provisions of this Ordinance shall be in force and effect five days after approval and adoption.
