Community Development Frequently Asked Questions
What is zoning or what is a zoning district?
Zoning creates districts where specified uses are allowed in order to promote, protect and facilitate public health, safety, morals, general welfare, etc. Zoning districts vary based on the type of use (office, residential, commercial), density of development and height and other requirments.
What is a special exception?
A special exception is permission or approval, granted by the Zoning Hearing Board, to use land for a purpose other than that generally permitted outright in a specified zoning district. A special exception must be a use that is envisioned in the zoning ordinance and is granted only if the express standards and criteria established by the ordinance are met.
What is a conditional use?
A conditional use, like a special exception, is permission or approval to use land for a purpose other than that generally permitted outright in a specified zoning district. Like a special exception, a conditional use must also be specifically named in the zoning ordinance. Unlike a special exception, a conditional use must be granted by the Board of Supervisors and is often regarding uses that could have direct effect upon the lives of all persons within the community. The Board of Supervisors has the opportunity to thoroughly examine a conditional use proposal and impose any reasonable safeguards necessary to implement the purposes of the ordinance and protect the general welfare.
What is a variance?
A variance seeks permission to do something that is not in conformance with or violates the Zoning Ordinance. A variance is an overriding of the Zoning Hearing Board, justified by "unnecessary hardship."
How do I establish "unnecessary hardship" to receive a variance from the Zoning Ordinance?
An applicant must establish that there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of a lot size or shape, or other physical conditions to the property, that prevent the property from being developed in strict accordance to the zoning ordinance.
What is a nonconforming use?
A nonconforming use is a use of land or structure that does not comply with the applicable use provisions of the zoning district. A nonconforming use was in existence prior to the enactment of a zoning district.
What is a buildable area?
The buildable area of your property includes all of your property except required yard areas and any areas controlled by easements.
What are easements?
Easements are permanent rights granted for limited use of private land, typically for a public purpose, such as location of utilities or drainage systems. You can research your deed to find out if you have any easements on your property.
What is a right-of-way?
A right-of-way is any street, alley, crosswalk or other area used for public or private purpose, paved or not. The width of a right of way is assigned by road specifications, but the entire width of a right-of-way may not necessarily be paved. The width of a right-of-way is measured from the center of the paved surface. For example if a right-of-way for a road is 50 feet, you would start at the center of the road's paved surface and measure 25 feet toward your property.
What is an impervious surface?
Impervious surfaces are impenetrable by water. They include, but are not limited to: buildings, decks, sheds, structures, and paved areas such as driveways and parking lots. Gravel areas are also considered impervious surfaces. The Township Zoning Ordinance also sets limits to the amount of a lot that may be covered by impervious surfaces.
What are required yards?
The Zoning Ordinance sets minimum required sizes for front, side and rear yards. The minimum yard sizes or "setback areas" vary by zoning district. You cannot build in the required yards.
What is a front yard?
A front yard is any portion of your property facing a road. Depending on how many sides of your property are flanked by a road, you can have more than one yard officially designated as a front yard that must follow the zoning regulations for front yards. Front yard boundaries extend the full width of the lot between any building and the edge of the right-of-way of the road.
What is a rear yard?
A rear yard is the width between the main building on a lot and the rear lot line.
What is a side yard?
A side yard is the space that extends from the front yard to the rear yard.
How do you measure required yards?
To determine if your building is set far enough from all right-of-way or lot lines, and within the allowed buildable area, measure from the point of the building that is closest to the right-of-way or lot line on each side.
For side yards, you must calculate an aggregate size. There is a minimum for each yard, and a minimum aggregate of both side yards. For example, if in your district your building must have a side yard aggregate of 50 feet, with a minimum distance allowed being 15 feet, can have one side be 15 feet and the other be 35 feet, or any combination thereof, as long as no side is less than 15 feet.
Do I need a use and occupancy permit when a home or business changes ownership?
You would need a Use and Occupancy permit if a commercial building changes use, and for new commercial and residential construction. You do not need a Use and Occupancy permit when a building changes ownership.
What do I need if I want to change the use of a property (from a home to an office building)?
If zoning allows for the intended use, you will need to apply for a use and occupancy permit and building permits, as required to make the necessary changes to the property. If zoning does not permit the use, you may have to apply to the zoning hearing board for a special exception, conditional use or variance. You may also need to submit a site plan for review and approval by the Planning Commission.
I would like to have a home business; do I need a permit from the Township?
If your home business is considered a nonimpact business, one where it consists of a desk, computer and other office equipment for one or two people, you do not need a permit from the Township. If your home business is considered an impactful business (one with an inventory, special equipment, large client base, etc.), such as a dentist's office or carpentry business, you will need to make application before the zoning hearing board.
What type of inspections are required during the building process?
The following inspections are required during the building process (you must schedule your inspection with a building inspector at least 48 working hours in advance of the project):
- Footer
- Backfill
- Framing
- Energy (insulation) conservation
- Rough Plumbing
- Rough HVAC
- Final
