ORDINANCE NO. NORTHAMPTON TOWNSHIP BUCKS COUNTY, PENNSYLVANIA AN ORDINANCE AMENDING THE CODE OF NORTHAMPTON TOWNSHIP, SPECIFICALLY CHAPTER 140, KNOWN AS THE NORTHAMPTON TOWNSHIP ZONING ORDINANCE, FOR THE PURPOSE OF AMENDING SECTIONS RELATED TO THE PLANNED INDUSTRIAL/OFFICE DISTRICT, SUPPLEMENTAL REGULATIONS, NONCONFORMING USES, BUILDINGS AND STRUCTURES, ZONING HEARING BOARD, AND SIGNS NOW, THEREFORE, BE IT ENACTED and ORDAINED by the Board of Supervisors of Northampton Township as follows: SECTION 1. ARTICLE VI, I-1 Planned Industrial/Office District, Section 140-23.A.(8), is hereby deleted in its entirety and rewritten as follows: (8) Agricultural uses. SECTION 2. ARTICLE XI, Supplemental Regulations, Section 140-44.1.C., is hereby deleted in its entirety and rewritten as follows: C. The following provisions shall apply to decks, patios and terraces: (1) Decks, patios and terraces located on a lot occupied by a single-family detached dwelling unit shall comply with the building setback requirements of the underlying zoning district to which they are located. (2) Decks, patios and terraces located on a lot occupied by a single-family attached dwelling unit or semidetached dwelling unit may be located along the common lot line, provided that they do not project onto another property and comply with the remaining setback requirements. (3) Decks, patios and terraces located on a lot occupied by a single-family detached dwelling unit, single-family attached dwelling, or single-family semidetached dwelling may be covered, provided that it is in accordance with all building code requirements. (4) Decks, patios and terraces located on a lot occupied by a townhouse unit may only be located in the rear yard and subject to the following provisions: 1
(a) (b) It shall be located at least one foot from a side lot line or, in the case where a townhouse dwelling unit is not located on a feesimple lot, an imaginary line extending from the common wall of any contiguous townhouse dwelling units. It shall be located at least 30 feet from a rear lot line; provided, however, that in instances where the existing rear yard setback was less than 42 feet, a patio, deck or similar structure may be attached to the rear of a dwelling unit and may extend into the rear yard provided that the deck is no closer than 7 feet from the rear property line. In the case of developments where the yard area is common space, decks, patios, and terraces can be constructed in accordance with Homeowner s Association requirements and/or as specified on the approved plan. SECTION 3. ARTICLE XI, Supplemental Regulations, Section 140-44.1.E.(1) and (2), are hereby deleted in their entirety and rewritten as follows: E. The following provisions shall apply to utility sheds, storage sheds and gazebos: (1) Utility sheds or storage sheds located on a lot occupied by a single-family detached dwelling unit may be erected in the rear yard and shall be located at least 7 feet from the property line. All such utility sheds or storage sheds shall not exceed 180 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 180 square feet are subject to the requirements of Section 140-44.1.B. related to detached residential garages. (2) Unless otherwise specified by this Zoning Ordinance, utility sheds, storage sheds, gazebos, and all other accessory buildings or structures that are located on a lot occupied by a single-family attached dwelling or semidetached dwelling may be erected in the rear yard and shall be located at least five feet from the property line. All such accessory buildings or structures shall not exceed 80 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 80 square feet are subject to the requirements of Section 140-44.1.B. related to detached residential garages. SECTION 4. ARTICLE XI, Supplemental Regulations, Section 140-45.B.(1) and (2), are hereby deleted in their entirety and rewritten as follows: B. In all districts, fences up to six feet in height from grade level may be erected as noted above. In addition, the following requirements shall apply: 2
(1) Fence enclosures for swimming pools are required to meet the requirements of the Pennsylvania Uniform Construction Code, as amended. (2) Reserved. SECTION 5. ARTICLE XI, Supplemental Regulations, Section 140-49.D., is hereby deleted and rewritten as follows: D. Design Standards. (1) In the event that a project does not require subdivision or land development approval, the standards of the Subdivision and Land Development Ordinance shall apply. SECTION 6. ARTICLE XI, Supplemental Regulations, Section 140-54 is hereby deleted in its entirety and rewritten as follows: 140-54. Storage of junk vehicles. The exterior storage of automotive vehicles, trucks, and motorcycles is prohibited in all residential districts; provided, however, that not more than one temporarily immobilized vehicle may be stored on any residential property at any time, not to exceed three months from the time of receipt of notification by the Zoning Officer. Temporarily immobilized shall constitute vehicles that are not currently registered and/or inspected. SECTION 7. ARTICLE XI, Supplemental Regulations, Section 140-58.1.D.(5) is hereby deleted in its entirety and rewritten as follows: (5) The maximum building coverage requirement and the maximum impervious surface ratio requirement shall be calculated utilizing the lot area excluding the area of the access strip or stem. The impervious surface area of the access strip or stem, however, shall count when calculating impervious surface for the lot. SECTION 8. ARTICLE XII, Nonconforming Uses, Buildings and Structures, Section 140-64.D. is hereby deleted and rewritten as follows: D. Expansion or extension of nonconforming building or structure. A nonconforming building or structure may be enlarged, expanded or extended, provided that such enlargement, expansion or extension shall comply with the applicable use, area, and development regulations for the zoning district in which the building or structure is located. A structure that does not conform with the setback, yard, building, height, or other dimensional regulations of the district in which it is located may be extended along the existing nonconforming building line, provided that the extension or addition is no closer to the side, rear or front 3
boundary line, and is no greater in height, than the existing nonconforming structure. Repairs, renovation and modernization of nonconforming buildings or structures shall be permitted. If the renovations or modernization, however, expand or extend the nonconforming building or structure, then the expansion or extension shall be in accordance with these provisions. SECTION 9. ARTICLE XII, Nonconforming Uses, Buildings and Structures, Section 140-64.E. is hereby deleted in its entirety and Section 140-64 is renumbered accordingly. SECTION 10. ARTICLE XII, Nonconforming Uses, Buildings and Structures, Section 140-66.D. is hereby deleted in its entirety. SECTION 11. ARTICLE XVI, Signs, Section 140-82, Definitions, is amended to add the following definition: LED Sign: Light emitting diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied, much like a light bulb. When many LEDs are side by side, they can create pictures, such as the scrolling red LED signs. An LED sign may include signs that are flashing, blinking, twinkling, animated or other message changing devices used for commercial advertising purposes. The Zoning Officer shall have the final determination as to what constitutes an LED sign. SECTION 12. ARTICLE XVI, Signs, Section 140-83.(I) is hereby deleted in its entirety and rewritten as follows: (I) Illumination. The following provisions shall apply to the illumination of signs in Northampton Township. (1) Unless otherwise specified within this Zoning Ordinance, signs may be illuminated by non-glaring lighting fixtures, provided that such lighting is shielded so no direct light will shine on abutting properties or obstruct the vision of motorists or pedestrians within a street right-of-way. (2) The use of red, green or amber lights on any sign within two hundred (200) feet of the right-of-way lines of a signalized street intersection shall be prohibited. The use of other combination of lights shall be prohibited if the illumination or fixtures create a traffic hazard. (3) The use of LED, flashing, transmitted video, animated or other similar lighting features for signs shall be prohibited. 4
(4) The use of illuminated signs within the AR, EP, R-1, R-2, R-3, R-5, CR and I-P Zoning Districts shall be prohibited unless the illuminated sign is specifically related to emergency management uses, traffic control, hospitals, municipal uses, educational uses, institutional uses, and other similar uses, as further defined and permitted by this Zoning Ordinance. SECTION 13. ARTICLE XVI, Signs, Section 140-84.(A) is hereby deleted in its entirety and rewritten as follows: (A) The provisions contained under Section 140-84 of the Zoning Ordinance shall apply to the A-R, R-1, R-2, R-3, R-5, C-R, REC, I-P, and E-P Districts. SECTION 14. ARTICLE XVI, Signs, Section 140-85.(B)(2) is hereby deleted in its entirety and rewritten as follows: (2) Wall or parallel signs shall not exceed fifty (50) cumulative square feet or occupy more than twenty (20) percent of the front building façade, whichever is less. As long as this maximum square footage is not exceeded, however, signs may be placed on any building façade. SECTION 15. ARTICLE XVI, Signs, Section 140-87.(A). is hereby deleted and rewritten as follows: (2) LED, flashing, blinking, twinkling, animated, or other message changing devices used for commercial advertising purposes. SECTION 16. SEVERABILITY. In the event that any section, sentence, clause, phrase or word of this ordinance shall be declared illegal, invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall not prevent or otherwise foreclose enforcement of any of the remaining portions of this ordinance. SECTION 17. REPEALER. All ordinances or parts of ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed. 5
ORDAINED and ENACTED by the Board of Supervisors of Northampton Township this day of, 2011. BOARD OF SUPERVISORS NORTHAMPTON TOWNSHIP ATTEST: Chairman 4/6/11 6