Ordinance No. 20 of the Township of Thornbury as amended, is hereby amended, revised and reenacted to read as follows.
(Ord. 2-1976, 2/3/1976, §1)
1. This Chapter is enacted under and pursuant to the Municipalities Planning Code, Act 247 of 1968, 53 P.S. §10101 et seq., as amended, for the following purposes:
A. To promote, protect and facilitate the public health, safety, and general welfare of the inhabitants of the Township of Thornbury by coordinated and practical community development.
B. By providing for proper density of population and assuring adequate light and air; and facilitating the adequate provision of transportation, police protection, water, sewerage, schools, parks, public grounds.
C. To prevent overcrowding of land, blight, danger, and congestion in travel, transportation, loss of health, life or property from fire, flood, panic or other damage.
2. The regulations and districts contained herein represent reasonable consideration as to the character of the districts and their peculiar suitability for particular uses of land and have been made with a view to enhancing the existing environment and assuring the development of a future environment that realizes the greatest possible use and enjoyment of land on individual properties, balanced against the necessary protection of the values of buildings and land and the use and enjoyment of land on adjacent properties, with the objective of promoting and protecting the public welfare through the regulation of land use and the process of land development.
(Ord. 2-1976, 2/3/1976, §100)
In the interpretation and application of the provisions of this Chapter, the said provisions shall be held to be the minimum requirements for the promotion and protection of the public health, welfare, and safety. Except as to regulation of development under the Thornbury Township Planned Residential Development Ordinance of 1973 [Article 26], where the provisions of this Chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this Chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Chapter, the provisions of such statute, ordinance or regulation shall be controlling.
(Ord. 2-1976, 2/3/1976, §101)
This Chapter shall be known and may be cited as the "Thornbury Township Zoning Ordinance of 1976."
(Ord. 2-1976, 2/3/1976, §102)
1. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Chapter to have the meaning herein indicated. The singular shall include the plural and the plural shall include the singular. The past tense shall include the future tense. The word "shall" is always mandatory. The word "building" shall include the word "structure."
ACCESSORY BUILDING - a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. When attached to a main building, it shall be considered part of the main building.
ACCESSORY USE - a use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
BED AND BREAKFAST INN - an owner occupied property used and occupied as a one family residence having as an accessory use therein of not more than 14 lodging rooms and facilities for serving meals prepared within the building to pre-registered overnight transient guests, which may include breakfast, lunch and dinner limited to 35 pre-registered overnight transient guests, except where allowed pursuant to a Special Event. [Ord. 3-2004]
BUFFER AREAS - the natural terrain or landscaped area which is required to ensure a screened separation of land uses which may be supplemented by planting strips as defined herein. [Ord. 3-1997]
BUFFER AND PLANTING STRIP - a strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in this Chapter, which is landscaped for the full width and on which is placed a screen of sufficient density not to be seen through, and of sufficient height to constitute an effective screen and give immediate visual screening to an abutting property or district. The required screen shall be permanently maintained and shall constitute a planting of dense evergreens or a compact evergreen hedge, or, where otherwise specifically designated in this Chapter, an appropriate wall, fence, suitable planting or combination thereof. All planting shall comply with the provisions of the Thornbury Township Subdivision and Land Development Chapter [Chapter 22]
BUILDING - any structure affording shelter to persons, animals or property.
BUILDING AREA - the aggregate of the maximum horizontal cross section areas, excluding steps, cornices, eaves, and gutters, of all buildings on a lot.
BUILDING HEIGHT - the vertical distance from the average grade (the average of the grades taken at 20-foot intervals around the building perimeter at a distance of 10 feet therefrom) to the top of the highest roof beams of a flat roof; or to the mean level of a sloped roof, provided that chimneys and spires shall not be included in measuring the height. Elevator, stair and equipment penthouses, tanks and air conditioning towers shall not be included. The height shall be measured from finished grade but such measurement shall not be made from a point higher than 8 feet above the original grade.
BUILDING LINE - is a line parallel to the street right-of-way line at a distance therefrom equal to the depth of the front yard or setback required for the district in which the lot is located, except in the case of an interior lot not fronting on a street or highway for its full width, in which case the building line shall be a line parallel to the right-of-way at a distance from the property line nearest to the highway or street equal to the depth of the front yard required for the district in which the lot is located. If the property or lot abuts more than one street or highway, the front of the lot shall, in the case of an existing building, be deemed to be that part or portion of the lot to which the main entrance of the building faces and, in the case of a building proposed to be constructed, the part or portion of that lot to which the main entrance of a building is proposed to face.
CERTIFICATE OF USE AND/OR OCCUPANCY - is a statement signed by a duly authorized Township official setting forth that a building, structure, lot, use or accessory use legally complies with this Chapter and that the same is in a satisfactory condition to be used for the purpose stated therein.
COMMERCIAL VEHICLE - any motor vehicle intended for and used to transport passengers or property primarily for profit, business or commercial use excluding recreational vehicles and customary vehicles used for commuting to and from a recognized work place. Any vehicle containing or loaded with material, merchandise, ladders, tool racks or other commercial equipment or displaying commercial signage and any vehicle other than a recreational vehicle which exceeds a registered gross weight of 11,000 pounds, whether or not engaged in a commercial enterprise, trade, profession or industry, and which may or may not bear the aforesaid commercial aspects shall be considered a "commercial vehicle" in this Chapter. [Ord. 7-1997]
DWELLING -
(1) Single-family - a building, on a lot, designed and occupied exclusively as a residence for one family.
(2) Two-family - a building, on a lot, designed and occupied exclusively as a residence for two families, living independently of one another.
(3) Multiple-family dwelling or apartment house - a building, on a lot, designed and used exclusively as a residence for three or more families living independently of one another.
DWELLING UNIT - a room or a series of connected rooms wholly used for residential purposes and containing living, cooking, sleeping, and sanitary facilities for one housekeeping unit. Each dwelling unit shall be self-contained and shall not require passing through another dwelling to get to any portion of the dwelling, nor shall it share facilities with another housekeeping unit:
(2) Semi-detached - two families; common wall; independent exits.
(3) Multiple - three or more units in one building.
(4) Townhouses - three or more attached single-family units with sound proof/fire wall separation with independent access front and rear.
(5) Garden apartments - a building or group of buildings designed as a single architectural unit that is no greater than 35 feet in height, containing no less than six dwelling units, nor more than 12 units separated by full- height soundproof/fire walls. No portion of such building or buildings below the first floor or above the second floor shall be included as habitable floor area, nor shall there be common hallways. Each unit shall have independent outside access and may share common yard areas. [Ord. 3-1997]
FAMILY - one or more persons occupying the same dwelling unit, and living and cooking as a single housekeeping unit, said unit consisting only of individuals who are related by blood, marriage or otherwise by law, domestics and one other not related to the person or persons of which the housekeeping unit consists except that such unit may also contain not more than four foster children in the care of those individuals of whom the housekeeping unit consists.
GARAGE -
(1) Private - a building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.
(2) Public - a building, not a private garage, used for the repair, servicing and storage of motor vehicles; but not to include marshaling yard, trucking facility, facility for the storage and repair of earthmoving or construction equipment, motor vehicle wrecking facility and/or grave yard.
LOT - a parcel of land on which a principal building, or where authorized by this Chapter, a unified group of buildings, are or may he placed together with the required open space. Under this Chapter, the use of a lot for more than one principal building or for a unified group of buildings shall be considered a subdivision and the plan for any such use shall be subject to approval in accordance with the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22]. For the purposes of this definition, "unified group of buildings" shall include a single commercial building designed to house more than one commercial use or entity, and shall also include a multiple dwelling group.
NO-IMPACT HOME-BASED BUSINESS - a business or commercial activity adminis- tered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery of removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(1) The business activities shall be compatible with the residential use of the property and surrounding residential uses.
(2) The business shall employ no employees, other than family members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no stock piling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.
(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors of electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 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.
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) The business may not involve any illegal activity.
(9) A no-impact home-based business shall not operate to supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by-law or other document applicable to a common interest ownership community.
[Ord. 1-2003]
PARKING SPACE - an outdoor or garage space used for parking motor vehicles, which shall measure a minimum of 9 feet, 6 inches, by 20 feet and to which there is reasonable access from a street, alley or driveway.
PERMIT, ZONING - a statement issued and signed by the Zoning Officer authorizing either the proposed use of a lot or the construction of a building, and indicating on its face that the proposed use complies with this Chapter or with a decision and order of the Zoning Hearing Board or a court of competent jurisdiction rendered in connection with an application relative to use of the premises involved. No permit shall be issued for any use or construction unless the applicant shall submit written proof that the designated authorities have granted approval of sanitary sewage and water facilities.
RECREATION PLAN - a plan indicating site improvements to satisfy the active and passive recreational needs. [Ord. 3-1997]
SIGN - any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.
STABLE, PRIVATE - a structure for housing horses for personal use of the occupants of the dwelling.
STREET LINE - the edge or side limit line of the legal right-of-way of a road or street.
STRUCTURE - an assembly of material forming a construction for occupancy or use including, but not limited to, aerials and antenna, bridges, buildings, bins, dams, display signs, fences, sheds, piers, pipelines, platforms, ball courts, reviewing stands, shelters, stadiums, stagings, swimming pools, tents, towers, trestles, water tanks, and wharves. The following shall not be defined as structures as pertaining only to property line setbacks:
(1) Patios, decks and other ground surfaces covering a gross area no greater than 200 square feet, having no segment greater in height than an average of 12 inches above the existing grade elevation, being a minimum of 10 feet from any other property line and being located in an area other than the required front yard.
(2) Playground equipment covering a gross area no greater than 150 square feet, being no greater in height than 10 feet, containing no building in excess of 10 square feet in area, being a minimum of 10 feet from any other property line and being located in an area other than the required front yard.
(3) Storage units covering a gross area no greater than 10 square feet, being no greater in height than 6 1/2 feet and being located in an area other than the required front yard.
(4) A maximum of two driveway or entrance piers, columns, etc., covering a gross area no greater than 5 square feet each and being no greater than 5 feet in height.
(5) Fences no greater than 6 feet in height above the existing grade elevation.
(6) Retaining wall no greater than 4 feet in height above the existing grade elevation. [Ord. 2-1997]
YARD - the required open area around the inner periphery of each lot in which no building or structure shall be erected.
(1) Front - the minimum open space extending the full width of the lot from the street line on which the lot abuts any structure on the lot, exclusive of steps, overhanging eaves, gutters or cornices (see "building height" above).
(2) Side - the minimum open space extending the full depth of the lot required between the side line of the lot and any structure on the lot, exclusive of steps, overhanging eaves, gutters or cornices (see §27-402.C, §27-403.7, §27-502.C and §27-503.7).
(3) Rear - the minimum open space extending the full width of the required between the rear line of the lot and any structure on the lot, exclusive of steps, overhanging eaves, gutters or cornices (see §27-402.C, §27-403.7, §27502.C and §27-503.7).
UNIFIED GROUP OF BUILDINGS - two or more structures placed on a lot in accordance with district requirements which house more than a single permitted use allowed in that district (see "garage" above).
ENVIRONMENTALLY SENSITIVE AREA - a parcel or plot of land or section thereof, wherein a portion includes wetlands, floodplains, steep slopes, woodlands, animal or vegetable habitations, historic, scenic or other recognized environmental features which warrant special consideration or preservation. [Ord. 8-1996]
2. Terms not defined herein shall have the meanings ascribed to them in the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22], as amended, and if not defined therein, then the terms shall have the meanings ascribed to them in the Pennsylvania Municipalities Planning Code (Act 247 of 1968), 53 P.S. §10101 et seq., as amended and re-enacted. [Ord. 1-2001]
(Ord. 2-1976, 2/3/1976, §200; as amended by Ord. 4-1980, 9/4/1980; by Ord. 1-1990, 1/9/1990, §I; by Ord. 8-1996, 12/18/1996, §1; by Ord. 2-1997, 3/5/1997, §1; by Ord. 3-1997, 4/16/1997, §2; by Ord. 7-1997, 10/1/1997, §1; by Ord. 5-1998, 7/1/1998, §1; by Ord. 1-2001, 3/21/2001, §1; by Ord. 1-2003, 8/6/2003, §I; and by Ord. 3-2004, 4/21/2004)
For the purposes of this Chapter, the Township of Thornbury is hereby divided into the following classes of districts:
R-1 - Residential-1
R-2 - Residential-2
PA - Planned Apartment
I.- Institutional
LI - Limited Industrial
IR - Institutional/Residential [Ord. 5-1999]
C.- Commercial
Q-1 - Quarry-1
Q-2 - Quarry-2
FPC - Floodplain Conservation
MHP - Mobile Home Park
RW - Ridley Creek Watershed District [Ord. 1-1989]
PRD-1 - Planned Residential Development District [Ord. 4-1996]
PRD-2 - Planned Residential Development District [Ord. 3-2001]
(Ord. 2-1976, 2/3/197 6, §300; as amended by Ord. 5-1982, 6/8/1982; by Ord. 1-1989, 8/7/1989, §2; by Ord. 4-1996, 3/6/1996, §1; by Ord. 5-1999, 6/16/1999; and by Ord. 32001, 5/2/2001, §2)
