The provisions of this article shall apply to all uses, development
and structures in the Township, regardless of zoning district, and
shall be considered as additional conditions or restrictions to any
other provisions in this chapter. To the extent anything contained
in this article conflicts with any other provision of this chapter,
the most stringent and restrictive provision shall apply.
A.
Airport surface zones. In order to carry out the provisions of this
chapter, there are hereby created and established certain zones which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
the Smoketown Airport. Such zones are shown on the Height Limitation
and Zoning District Map prepared by the Pennsylvania Department of
Transportation, Bureau of Aviation, and dated Spring 1989, which is
made a part of this chapter.[1] Any area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as
follows:
(1)
Utility runway visual approach surface zone. Established beneath
the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
(2)
Utility runway nonprecision instrument approach surface zone.
Established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 2,000 feet at a horizontal distance 5,000 feet from the
primary surface. Its center line is the continuation of the center
line of the runway.
(3)
Runway larger than utility visual approach surface zone. Established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 500 feet wide. The zone
expands outward uniformly to a width of 1,500 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
(4)
Runway larger than utility with a visibility minimum greater
than 3/4 mile nonprecision instrument approach surface zone. Established
beneath the nonprecision instrument approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 3,500
feet at a horizontal distance of 10,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
(5)
Runway larger than utility with a visibility minimum as low
as 3/4 mile nonprecision instrument approach surface zone. Established
beneath the nonprecision instrument approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
1,000 feet wide. The zone expands outward uniformly to a width of
4,000 feet at a horizontal distance of 10,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
(6)
Precision instrument runway approach surface zone. Established
beneath the precision instrument approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
1,000 feet wide. The zone expands outward uniformly to a width of
16,000 feet at a horizontal distance of 50,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
(7)
Transitional surface zones. Established beneath the transitional
surfaces adjacent to each runway and approach surface as indicated
on the Height Limitation and Zoning District Map.
(8)
Horizontal surface zone. Established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of 5,000 feet radii from
the center of each end of the primary surface of each runway and connecting
the adjacent arcs by drawing lines tangent to those arcs. The horizontal
surface zone does not include the approach surface and transitional
surfaces zones.
(9)
Conical surface zone. Established beneath the conical surface.
This zone commences at the periphery of the horizontal surface and
extends outward therefrom a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the Township office.
B.
Airport surface zone height limitations. Except as otherwise provided
in this chapter, no structure shall be erected or maintained and no
tree shall be allowed to grow in any zone created by this chapter
to a height in excess of the applicable height limit herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
(1)
Utility runway visual approach surface zone. Slopes 20 feet
outward for each one foot upward, beginning at the end of and at the
same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(2)
Utility runway nonprecision instrument approach surface zone.
Slopes 20 feet outward for each one foot upward, beginning at the
end of and at the same elevation at the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
(3)
Runway larger than utility visual approach surface zone. Slopes
20 feet outward for each one foot upward beginning at the end of and
at the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(4)
Runway larger than utility with a visibility minimum greater
than 3/4 mile nonprecision instrument approach surface zone. Slopes
34 feet outward for each one foot upward, beginning at the end of
and at the same elevation as the primary surface and extending to
a horizontal distance of 10,000 feet along the extended runway center
line.
(5)
Runway larger than utility with a visibility minimum as low
as 3/4 mile nonprecision instrument approach surface zone. Slopes
34 feet outward for each one foot upward, beginning at the end of
and at the same elevation as the primary surface and extending to
a horizontal distance of 10,000 feet along the extended runway center
line.
(6)
Precision instrument runway approach surface zone. Slopes 50
feet outward for each foot upward, beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of 10,000 feet along the extended runway center line; thence
slopes upward 40 feet horizontally for each foot vertically to an
additional horizontal distance of 40,000 feet along the extended runway
center line.
(7)
Transitional surface zones. Slopes seven feet outward for each
foot upward, beginning at the sides of and at the same elevation as
the primary surface and the approach surface, and extending to a height
of 150 feet above the airport elevation, which is 520 feet above mean
sea level. In addition to the foregoing, when an airport has a precision
instrument runway approach zone, there are established height limits
sloping seven feet outward for each foot upward, beginning at the
sides of and at the same elevation as the approach surface and extending
a horizontal distance of 5,000 feet measured at 90° angles to
the extended runway center line.
(8)
Horizontal surface zone. Established at 150 feet above the established
airport elevation or at a height of 520 feet above mean sea level.
(9)
Conical surface zone. Slopes 20 feet outward for each foot upward,
beginning at the periphery of the horizontal surface and at 150 feet
above the established airport elevation and extending to a height
of 350 feet above the established airport elevation or at a height
of 720 feet above mean sea level.
(10)
Excepted height limitations. Nothing in this chapter shall be
construed as prohibiting the construction or maintenance of any structure
or growth of any tree to a height up to 100 feet above the surface
of the land.
C.
Airport zoning requirements.
(1)
Use restrictions. Notwithstanding any other provisions of this
chapter, no use may be made of land or water within any zone established
by this chapter in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards, or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
(2)
Nonconforming use.
(a)
Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 310-123D (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently executed.
(b)
Marking and lighting. Notwithstanding the preceding provision
of this section, the owner of any existing nonconforming structure
or tree is hereby required to permit the installation, operation and
maintenance thereon or nearby of such markers and lights as shall
be deemed necessary by the Airport Manager to indicate to the operators
of aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated
and maintained at the expense of the Township.
D.
Permits and variances.
(1)
Future uses.
(a)
Except as specifically provided in Subsection D(1)(a)[1], [2] or [3] hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 310-123D(4).
[1]
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
[2]
In areas lying within the limits of the approach zones, but
at a horizontal distance of not less than 4,200 feet from each end
of the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zone.
[3]
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour or topographic feature, would extend above the height
limit prescribed for such transition zones.
(b)
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction or
alteration of any structure or growth of any tree in excess of any
of the height limits established by this chapter, except that no permit
is required to make maintenance repairs to or to replace parts of
existing structures which do not enlarge or increase the height of
an existing structure.
(2)
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt or tree allowed to grow higher or
replanted, a permit must be secured from the Township authorizing
the replacement or change. No permit shall be granted that would allow
the establishment or creation of an obstruction or permit a nonconforming
use, structure or tree to become a greater hazard to air navigation
than it was on the effective date of this chapter or any amendments
thereto or than it is when the application for a permit is made.
(3)
Nonconforming uses abandoned or destroyed. Whenever the Township
determines that a nonconforming tree or structure has been abandoned
or more than 80% torn down, physically deteriorated or decayed, no
permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from this
chapter.
(4)
Variance.
(a)
Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 310-123E and Article XXII are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but would be substantial justice and would be in accordance with the spirit of the regulations and this chapter. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this chapter.
(b)
The application for variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities, and the safe, efficient
use of requirements of this chapter may be considered by the Board
unless a copy of the application has been furnished to the Smoketown
Airport Manager (or person of equivalent description) for advice as
to the aeronautical effects of the variance. If the Airport Manager
(or person of equivalent description) does not respond to the application
within 15 days after receipt, the Board of Appeals may act without
such input to grant or deny said application.
(5)
Hazard marking and lighting. In granting any permit or variance
under this section, the Board shall, if its deems the action advisable
to effectuate the purpose of this chapter and reasonable under the
circumstances, so condition the permit or variance as to require the
owner of the structure or object of natural growth in question to
permit the municipality, at its own expense, or require the person
or persons requesting the permit or variance, to install, operate
and maintain thereon such markers and lights as may be required by
guidelines or regulations adopted by the FAA.
E.
Enforcement/notice.
(1)
Notice to Department of Transportation. Notwithstanding any
other provision of law, a municipality or board which decides to grant
a permit or variance under this chapter shall notify the Department
of Transportation of its decision. This notice shall be in writing
and shall be sent so as to reach the Department at least 10 days before
the date upon which the decision is to issue.
(2)
Conflicts. In the event of conflict between any airport zoning
regulations adopted under this chapter and any other regulations applicable
to the same area, whether the conflict be with respect to the height
of structures or trees and the use of land, or any other matter, and
whether the other regulations were adopted by the municipality or
otherwise, the more stringent information or requirement shall prevail.
The following standards shall apply to the noncommercial keeping of animals. However, these standards shall not be interpreted as applying to animal hospitals, veterinary clinics, kennels, riding stables or normal farming operations, or to the keeping of horses as regulated in § 310-169.
A.
The noncommercial keeping of dogs, cats, rabbits and similar small
nonfarm animals shall be permitted, subject to the following:
(1)
A maximum of four animals 10 weeks of age or older of each species
shall be permitted to be kept in the R-R, S-R, V-R, R-V, C-1, C-2
and V Zones.
(2)
The area on which a shelter and/or exercise pen is maintained
must be suitably enclosed and located in the rear yard at least 10
feet from any lot line and not closer than 50 feet to the nearest
dwelling other than that of the owner.
B.
In Agricultural Zone.
(1)
The noncommercial keeping of domestic farm animals shall be
permitted only in the Agricultural Zone, subject to the following:
(a)
Shelters for domestic farm animals shall be within the rear
yard area.
(b)
The area within which domestic farm animals are kept shall be
enclosed by a fence designed for containment.
(c)
No building, corral, fence or stable shall be closer than 100
feet to the nearest dwelling other than that of the owner.
(2)
For the purposes of this subsection, domestic farm animals shall
include animals of the bovine, equine, porcine (swine) and sheep families,
fowl (pigeons, chickens, turkeys, geese, ducks, etc.) and fish, but
shall not include dogs or wild or exotic animals held in captivity.
C.
Wild or exotic animals held in captivity shall be permitted only
by special exception and only in the Agricultural, Limited Manufacturing
and Industrial Zones, subject to the following:
(1)
The number of such animals shall not exceed the equivalent of
one animal unit per acre.
(2)
Said animals shall be maintained only within the rear yard area.
(3)
The building or area within which such animals are kept shall
be enclosed by a fence or other form of enclosure designed for containment.
(4)
Such fence or other form of enclosure shall be at least 50 feet
from any lot line and not closer than 100 feet to the nearest dwelling
other than that of the owner, unless documentation in the form of
a written agreement with the adjoining property owner(s) is provided.
(5)
The total area of all shelters and/or enclosures shall not exceed
20% of the total lot area.
(6)
All such animals shall be maintained in accordance with the
regulations and/or permit requirements of the Pennsylvania Game Commission
and other applicable agencies.
D.
The maximum building area occupied by an animal shelter in any zoning
district shall not exceed 10% of the combined building areas occupied
by all other principal and accessory buildings on the lot.
The use of solar, wind and alternate energy systems is encouraged
within these regulations and permitted within any zoning district.
Active and passive solar systems, wind energy systems and similar
alternate systems, including customary energy storage accessories,
shall be permitted for the production, collection, movement, distribution
or storage of heated water, air or other medium which is intended
for conveyance to a principal or accessory building. Where such systems
are utilized, the following standards shall apply:
A.
Wind-assisted energy conversion facilities.
(1)
Wind-assisted energy conversion facilities shall not be permitted
in the front yard area of any property.
(2)
The structure supporting the wind rotor unit shall be located
a minimum distance of the tower height (measured from the ground to
the top of the rotor) plus 15 feet from any property line or road
right-of-way. The height of such structure shall not exceed 75 feet.
(3)
Towers may be ground- or roof-mounted and shall be securely
fastened as per manufacturer's specifications or a demonstrable equivalent
to achieve maximum safety and prevent collapse or fall. Any propeller
or turning device that reacts to wind velocity shall have a governor
to control the speed of revolutions. Such governors may include a
rudder that turns the propeller away from the wind, individually spring-mounted
paddles that turn away from the wind, or other suitable manufacturer's
tested device. Towers shall be locked or secured to prevent unauthorized
access, and in no case shall a permanently mounted ladder be affixed
less than 10 feet from grade level.
(4)
Noise levels shall not exceed 60 dBA as measured at the property
line of residentially zoned property or otherwise shall not exceed
70 dBA.
B.
Solar energy units.
(1)
Solar panels attached to a principal structure shall comply
with the zoning setbacks prescribed for a principal structure in the
applicable zoning district.
(2)
Solar panels that are freestanding or attached to an accessory
structure shall comply with the accessory structure requirements of
this chapter.
(3)
Solar greenhouses attached to principal structures shall meet
all yard requirements for a principal structure in the applicable
zoning district.
(4)
Solar greenhouses attached to accessory structures shall meet
all yard requirements specified for accessory structures of this chapter.
(5)
Detached solar greenhouses shall meet all yard requirements
specified for accessory structures of this chapter.
(6)
Solar
panels and solar greenhouses shall be oriented so as not to produce
objectionable glare onto adjacent properties.
[Added 8-2-2016 by Ord.
No. 135]
C.
Maintenance. Energy systems shall be maintained in a safe manner.
Broken glass or other potentially hazardous conditions shall be promptly
repaired. A disconnected or abandoned energy system shall be removed
from the property within 60 days of such abandonment.
D.
Protection. Where a solar or wind system has been installed, it shall
be the responsibility of the property owner to secure any easements
or restrictive covenants necessary to protect the sky-space affecting
the solar or wind system. Such an agreement shall be negotiated between
owners of affected properties, but it is not a requirement for approval
of a zoning permit for the solar or wind energy system.
Benefit sales shall not include fund-raising events held by
nonprofit organizations for their purposes. Benefit sales may be held
in the A, LM, LI or I Zones after obtaining a permit from the Zoning
Officer.
A.
The permit application shall contain the following:
(1)
Name and address of the beneficiary of the sale.
(2)
Location of sale and property owner of location.
(3)
Reason for such sale.
(4)
Date and times of the sale.
(5)
A plan for parking and traffic control.
(a)
Parking shall be limited to off-street; no parking shall be
permitted on streets or public rights-of-way. The applicant shall
be required to post "no parking" signs on the road rights-of-way within
500 feet of access points to the sale location.
(b)
A minimum of 20 off-street parking spaces shall be delineated
as part of the parking and traffic control plan.
B.
The Board of Supervisors may approve permanent facilities for benefit sales activities. In addition to the requirements of Subsection A above, land development approval of the facility is required.
C.
Benefit sales that are not conducted at Township-approved permanent
facilities shall be subject to the following additional restrictions:
D.
Before the permit is issued, the person(s) in charge shall certify
in writing that the sale will comply with the above provisions.
Building setback lines are hereby established on all existing
and proposed roads in the Township, subject to the minimum setback
requirements of the zone in which the property is located. The Township
Planning Commission shall establish the class of road for all new
roads planned in the Township and notify the Zoning Officer of its
decision. The Zoning Officer shall add the new road to the appropriate
classification in this chapter.
B.
Building lines on major collector roads.
(1)
Distance. The building line on all major collector roads shall
be 30 feet from the edge of the legal right-of-way, as determined
from PennDOT records, previous plans and/or surveys.
C.
Building lines on all other roads.
(1)
Distance. The building line on all other roads in the Township
shall be 30 feet from the edge of the legal right-of-way, if determined.
Where the legal right-of-way has not been determined, it is assumed
that the legal right-of-way is 33 feet and the road cartway is centered
in the right-of-way. In that case, the building line shall be 46 1/2
feet from the road center line.
(2)
Previously approved multilot subdivisions shall adhere to the
designated setbacks, or a revision to said plan(s) shall be filed.
(3)
Setbacks in new multilot or multiunit subdivisions and/or land
developments shall be as determined as part of the subdivision/land
development approval process.
(4)
All principal buildings in new or previously approved subdivisions
and/or land developments shall be set back an equal distance in order
to form a uniform pattern.
(5)
Setbacks in the Village Overlay Zone and in cluster and/or apartment/townhouse
developments shall be in accordance with the specific provisions elsewhere
in this chapter.
D.
Yard reductions. A required front yard may be reduced to form a more
consistent setback pattern in an area that is predominantly developed,
according to the following guidelines:
E.
Flag lots. A dwelling located on a flag lot which contains a lot
line not less than 250 feet from a public right-of-way may be situated
facing in any direction on the lot, regardless of the designation
of front, side and rear yards. However, minimum front, side and rear
yards shall be provided as if the dwelling faced the public road to
which it has access.
All commercial and/or industrial operations shall be limited
by the following standards:
A.
Noise.
(1)
Maximum sound pressure level in decibels - 0.002 dynes per square
centimeter:
|
Octave Band in Hertz per Second
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |
|---|---|---|---|
|
0 to 75
|
74
|
69
| |
|
75 to 150
|
59
|
54
| |
|
150 to 300
|
52
|
47
| |
|
300 to 600
|
46
|
41
| |
|
600 to 1,200
|
42
|
37
| |
|
1,200 to 2,400
|
39
|
34
| |
|
2,400 to 4,800
|
36
|
31
| |
|
Above 4,800
|
33
|
28
|
(2)
For any noise of an impulsive or periodic character, the permissible
limits for each octave band shall be reduced by five hertz.
(3)
Sound levels shall be measured at the lot line with a sound
level meter and associated octave band filter, manufactured according
to standards prescribed by the American Standards Association.
B.
Smoke.
(1)
It shall be unlawful for any persons, firm or corporation to
permit the emission of any smoke from any source whatever to a density
greater than density described as No. 1 on Ringelmann Chart, provided
that smoke, or appearance of which, is equal to but not darker than
No. 2 of the Ringelmann Chart for periods aggregating four minutes
in any 30 minutes.
(2)
For the purpose of grading the density of smoke, the Ringelmann
Chart currently in use by the United States Bureau of Mines shall
be the standard. However, the Umbrascope readings of smoke densities
may be used when correlated with Ringelmann's Chart.
C.
Dust and dirt. Dust, dirt and fly ash shall not exceed 0.3 grains
per cubic foot of flue gas at stack temperature of 500° F., of
which amount, not to exceed 0.2 of a grain per cubic foot, shall be
of such size as to be retained on a 325 mesh U.S. standard sieve.
The conditions are to be conformed to when the percentage of excess
air in the stack does not exceed 50% at full load.
D.
Odor. Odorous matter released from any operation or activity shall
not exceed the odor threshold concentration [as defined by the American
Society for Testing and Materials Method D1391-57 "Standard Method
for Measurement of Odor in Atmosphere (Dilution Method)," as may be
updated. (Philadelphia: American Society of Testing and Material,
1957)], as measured either at ground level or habitable elevation
at any point beyond any lot line.
E.
Toxic gases. All industrial uses shall emit no noxious, toxic or
corrosive fumes or gases.
F.
Glare and heat. All industrial uses shall not produce heat or glare
beyond the property line of the lot on which the industrial operation
is located.
G.
Vibration. Machines or operations which cause vibration shall be
permitted, but no operation shall cause a displacement exceeding 0.003
of one inch as measured at any point beyond the property line.
H.
Waste products. Storage of waste materials shall not be permitted
except in an enclosed building or approved containers. No untreated
potentially dangerous effluent shall be discharged.
I.
Screening.
(1)
All outdoor storage and loading areas shall be screened from
view from any residential or public right-of-way by a landscape screen
or other visual barrier with plantings. The screening shall be placed
immediately surrounding the area between any industrial parcel and
a contiguous residential zoning district or residential use.
(2)
An alternative visual barrier shall be a six-foot-high opaque
fence or wall with plantings of trees, shrubs and/or vines along the
surfaces of the barrier facing any residential zoning district.
J.
Landscaping. Any part or portion of the site which is not used for
buildings, other structures, loading or parking spaces and aisles,
sidewalks and designated storage areas shall be provided with an all-season
ground cover and/or shall be landscaped with small trees and shrubs
in accordance with an overall landscape plan.
K.
Outdoor activities and equipment screening. All outdoor industrial
use operations, mechanical equipment and other functional accessories
of each buildings, such as elevator, penthouses, ventilation pipes
and ducts, water pressure tanks, heating, air conditioning and power
supply units should have an architectural building material screen
or covering which is an integral part of the building envelope and/or
which is harmonious with the building design.
Decks or patios are permitted in all zones and shall meet property
line setbacks. Decks or patios may include roofs and insect screening
but shall not be permanently enclosed.
[Amended 1-7-2014 by Ord. No. 131]
Double-family dwellings are subject to the following requirements:
A.
Double-family dwellings shall be permitted as a special exception
use in the Rural Residential, Village Residential, Rural Village,
Village Overlay, (C-1) Commercial and (C-2) Commercial Zones only
on lots of two acres or greater in size;[1]
C.
Building expansion shall meet all property line setback requirements
of this chapter;
D.
No subdivision of land between the two dwelling units shall be permitted
or authorized; and
E.
If the dwelling is not connected to public sewer, documentation of
Township Sewage Enforcement Officer approval of the on-lot sewage
disposal system is required.
A.
All fences of any type shall be subject to the following:
(1)
No fences shall be located in the clear sight triangle of any
street or public roadway.
(2)
Common fences between properties may be installed on the property
line, provided the permit application is signed by all affected property
owners.
(3)
No permits are required for fences in agricultural areas unless
such fence is adjacent to a residential area or as may be required
by the Zoning Hearing Board.
(4)
Fences in the LM, LI and I Zones shall not exceed eight feet
in height unless a greater height is permitted by special exception
from the Zoning Hearing Board.
(5)
Fences in all other zones shall not exceed six feet in height
unless a greater height is permitted by special exception from the
Zoning Hearing Board.
(6)
Electrified fences shall be permitted only in the Agricultural
Zone.
(7)
Fences in front yard areas shall be permitted only by special
exception. In addition, in the R-R, S-R, V-R and R-V Zones no permitted
fence shall exceed three feet in height if located in the front building
setback.
(8)
Any hedge placed for the purposes of screening shall be set
back off the property line.
B.
All nonlandscaping walls shall be allowed in all zoning districts,
subject to the following:
(1)
Minimum lot size shall be 15,000 square feet.
(2)
No wall shall exceed four feet in height.
(3)
All walls shall be constructed of frostproof masonry.
(4)
If proposed near property lines, the wall shall be located on
the common property line, with a written agreement between the adjoining
property owners.
In all zoning districts, a property owner or occupant may conduct
garage or yard sales, subject to the following provisions:
A.
No more than two such sales per calendar year.
B.
No sign advertising such sale shall be more than four square feet
in size.
C.
Signs shall not be placed in Township or state rights-of-way or interfere
with traffic sight distances in any way.
D.
State law prohibits such signs on utility poles.
E.
All signs shall be removed within 12 hours after the sale.
F.
Garage/yard sale permits may be obtained at no charge from the Township
office.
G.
Only one permit is necessary for multiple-property or area-wide sales.
H.
Commissioned vendors are not permitted
Except as provided in § 310-133D below, in residentially zoned areas, generators (diesel- and gas-powered) and similar/related equipment, including fuel tanks, may be permitted, subject to the following requirements:
B.
In the (R-R) Rural Residential and (R-V) Rural Village Zones:
(1)
Generators and related equipment are permitted and shall be
installed in a fully enclosed structure so as to minimize any noise
and/or fumes beyond the property lines.
(2)
Fuel tanks larger than 450 gallons shall be shielded from adjoining
properties, either by proper screening or fencing, so that such tank
is not visible to adjoining properties. Screening is not required
where a written waiver of the requirement is obtained from the adjacent
property owner.
C.
All above facilities shall be set back not less than 20 feet from
property lines and shall not be located in any front yard areas.
D.
Emergency standby generators. Permanent standby emergency generators
shall be allowed as an accessory use to residential uses in all zoning
districts, subject to the following conditions:
(1)
Standby generators shall not be located in a front or side yard
and shall not be further than five feet from the rear wall of the
principal building. Where a homeowners' association (HOA) exists,
the placement of the generator shall be subject to the requirements
of the HOA.
[Amended 8-2-2016 by Ord.
No. 135]
(2)
Standby generators shall be operated only during power outages.
(3)
Standby generators shall only be tested during daylight hours
Monday through Saturday and not more than once weekly.
(4)
Standby generators that are permanently wired into residential
load centers shall be in accordance with, but not limited to, the
National Electrical Code, the Pennsylvania Uniform Construction Code,
UL and the manufacturer's specifications. Such generators shall require
a UCC permit with inspection(s) and shall be an accessory use requiring
a Township building permit.
(5)
Portable standby generators not hard-wired permanently into
residential electrical load centers do not require UCC or Township
permits.
The following structures may project above maximum height limits:
roof structures for the housing of elevators, stairways, tanks, ventilating
fans or similar equipment required to operate and maintain the building,
skylights, towers, flag poles, chimneys, smokestacks, wireless masts,
radio and television antennas, utility poles, water tanks or similar
structures. However, no penthouse or roof structure nor any space
above the height limit shall be allowed for the purpose of providing
additional floor space for residential or commercial use. Architectural
embellishments that do not correspond to the structures listed in
this section shall be subject to height restrictions.
In any residential area, hitching posts may be installed, provided
that no part of animal or conveyance is permitted to stand on streets
or in the public right-of-way. In all other nonagricultural areas,
except as provided for elsewhere in this chapter, animals and conveyance
shall be parked only in properly designated areas or at hitching posts
installed for such purpose.
In all zoning districts, walls for landscaping purposes may
be erected in required yard setbacks but shall not be located closer
than two feet from property lines, street and utility rights-of-way,
or in clear sight triangles. Common landscape walls between properties
may be installed on the property line, provided the permit application
is signed by all affected property owners. Landscaping walls shall
be maintained in good condition.
No lot, even though it may consist of one or more adjacent parcels
or lots of record, shall be reduced such that any minimum area, bulk,
or other requirement of this chapter is not maintained. This shall
not apply when a portion of a lot is acquired for a public purpose.
A.
Animal manure storage facilities shall be designed in compliance
with the guidelines outlined in the publication "Manure Management
for Environmental Protection," Bureau of Water Quality Management
Publication No. 43, and any revisions, supplements and successors
thereto, of the Pennsylvania Department of Environmental Protection.
B.
The applicant shall provide, either:
(1)
A letter from the Lancaster County Conservation District stating
that the applicant's animal manure storage facility design has been
reviewed and approved by the Lancaster County Conservation District
and that all regulations and requirements of the state manure management
program have been satisfied; or
(2)
Submit a letter from the Lancaster County Conservation District
stating that it will not review the plan or that no review is required
under applicable ordinances; or
(3)
Submit evidence that such a letter has been requested and the
Lancaster County Conservation District has failed to respond.
C.
Except as otherwise provided for under the provisions of the Pennsylvania
Nutrient Management and Odor Management Act,[1] no underground storage, in-ground storage, trench silo,
earthen bank, stacking area, or aboveground storage facility shall
be located within 50 feet of any side property line, 75 feet of any
rear property line, 150 feet from any residential structure other
than that of the property owner, and 100 feet from any public road
right-of-way. There shall be no discharge of any type of runoff onto
such road right-of-way.[2]
Individual mobile homes will be considered single-family detached
dwellings if they conform with all requirements for single-family
detached dwellings and with the following additional criteria:
A.
All mobile homes shall be set upon and securely fastened to a permanent
foundation of block or concrete, with concrete footings extending
at least 36 inches below finished grade that will not heave, shift,
settle or move due to frost action, inadequate drainage, or other
forces acting on the superstructure. In addition to the foregoing,
the mobile home foundation will be provided with devices for anchoring
the mobile home to the foundation to prevent overturning or uplift
of the mobile home. The anchoring device should be in the form of
anchor bolts, fastened securely to the base frame of the mobile home
and anchored to the concrete footing with adequate anchor plates or
hooks.
B.
All wheels and any removable hitch shall be removed from the mobile
home and either removed from the lot or placed within a building.
C.
The construction of all mobile homes shall conform to the requirements
of 53 P.S. § 1656.1 et seq., and any other state or federal
laws or regulations, and no mobile homes shall be modified or improved
without strict compliance with this act and all other provisions.[1]
D.
An enclosure of compatible design and materials shall be erected
around the entire base of the mobile home. Such enclosures shall provide
sufficient ventilation to inhibit decay and deterioration of the structure.
A clear sight triangle shall be maintained at all street intersections in accordance with the requirements of Chapter 265, Subdivision and Land Development.
All building permits of any type for new connections or any
changes to either private or public sewer systems shall be approved
by the Township Sewage Enforcement Officer or Township Municipal Authority,
as appropriate. This shall include all changes to a property that
would cause an increase in the flow to the sewage system.
Except as otherwise regulated by federal, state and local regulations,
no building or structure may be erected, altered or used, and no lot
or premises may be used, for activity that is noxious, injurious or
offensive by reason of dust, smoke, refuse matter, odor, gas, fumes,
noise, vibration, electrical or electronic interference, illumination,
or similar substances or conditions.
This chapter shall not apply to any existing or proposed building
or extension thereof or proposed building or extension thereof, used
or proposed to be used by a public utility corporation, if, upon petition
of the corporation, the Pennsylvania Public Utility Commission shall,
after a public hearing, decide that the present or proposed situation
of the structure is reasonably necessary for the convenience or welfare
of the public.
The following types of satellite dish antennas shall be allowed
in all zoning districts and shall not require a permit for same but
shall observe setback regulations if applicable.
B.
Dishes used for credit card or other business transactions usually
placed on rooftops.
C.
The location of all satellite dish antenna must comply with the setback
restrictions for the principal use and shall not be located in front
of the principal building, unless applicable provisions of the Federal
Communications Commission would be violated.
D.
All ground-mounted satellite dish antennas located within the C-1,
C-2, LM, LI or I Zone that are used to transmit video format data
shall be completely enclosed by an eight-foot-high nonclimbable fence
that includes signage warning of dangerous radiation levels. Any gates
within the fence shall be locked when unattended. Satellite dish antennas
within the C-1, C-2, LM, LI or I Zone shall comply with all principal
use standards;
A.
The areas to be regulated by these controls are shown generally on
the topographic map which is on file in the Township office; however,
these controls shall apply to all areas of the Township where the
conditions are applicable to all zoning districts. It is the purpose
of these regulations to protect slopes, to limit the amount of the
removal of natural resources, protect the watershed areas, and to
minimize erosion of the soil. Upon the receipt of an application for
a building permit, the Zoning Officer may require that the registered
surveyor or professional engineer provide a document or plan, which
shall show the degree of slope.[1]
B.
Slope controls. If the proposed building site is located in those
areas of the Township where the natural slope of the land exceeds
25%, as shown generally on the topographic map, the following regulations
shall apply:
No explosive, other than small supplies of gunpowder for reloading
of personal firearms, shall be stored in any zoning district except
the Industrial Zone. Explosives may be stored in the Industrial Zones,
provided the storage area is no closer than 500 feet to any property
line, and provided the requirements of all other ordinances have been
previously met and evidence of all required federal and state licenses
have been provided to the Township.
The word "pool" shall have the same meaning as "swimming pool,"
"spa" or "whirlpool" and shall be classified as an accessory use.
A.
No pool shall be permitted without a filtering system.
C.
No pool shall be within 10 feet of any property line and shall observe
other setback regulations if applicable.
D.
The draining of any pool shall not affect other properties, water
or sewerage facilities, or streets.
E.
Spas and whirlpools may have alternate means other than fences to
prevent unauthorized use.
No tennis court or other residential recreational accessory
structure shall be located within any minimum yard requirement. Tennis
courts are also subject to the following:
A.
No facility shall be permitted unless it is protected by an open
mesh permanent fence 10 feet in height behind each baseline, extending
10 feet beyond the playing area in each direction.
B.
No facility, including fence, shall be permitted to be located within
10 feet of any property line, nor exceed 10 feet in height, unless
approved by special exception from the Zoning Hearing Board.
C.
No facility, including fence, shall be located closer to the front
of the lot than the front wall of the principal building.
D.
If lighting is provided, it shall be arranged so that there is no
objectionable glare on adjoining properties.
The purpose of the Agricultural Zone is to encourage and protect
productive farming and agricultural practices. The growth of large
trees and shrubs in the Agricultural Zone may result in excessive
shading and, therefore, reduce the growth of valuable crops. Therefore,
no tree or shrub which may attain a height of 20 feet or more shall
be planted or allowed to grow within 10 feet of any lot line which
abuts an area within an Agricultural Zone.
A.
All commercial facilities shall have outdoor waste storage facilities,
which shall be routinely emptied.
B.
All facilities shall be screened or landscaped and shall be fully
enclosed to limit animal access and windblown waste.
C.
No required parking areas may be occupied by any waste storage facility.
D.
No facilities shall be located in any front yard.
All proposed land uses shall comply with the applicable water supply provisions of Chapter 265, Subdivision and Land Development, as well as any other governing ordinances and regulations.
In accordance with the requirements of Section 603(f) of the
MPC, as amended by Act 68 of 2000, forestry, including the harvesting
of timber, is permitted as of right in all zoning districts within
the Township, subject to the provisions generally applicable to all
uses in the zoning district in which such land is located. If in the
future the General Assembly amends the MPC to repeal Section 603(f)
or to remove the requirement that forestry be permitted in all zoning
districts in every municipality, this section will be of no further
force or effect.
A.
Vegetable gardens are not permitted:
B.
The following shall not be located in front yard areas or on the
streets in the S-R, R-R, R-V and V-R Zones:
(1)
Temporary skateboard ramps. Ramps may be located in side or
rear yards, provided they are set back at least six feet from any
property line.
(2)
Moveable basketball nets/supports and hockey and soccer nets/frames
are permitted on driveways and in front yards but are prohibited on
streets and sidewalks.
(3)
Recreational vehicles, as defined in this chapter.
(4)
Buses and trucks over 10,000 pounds GVW shall be prohibited
from parking in front yard areas or on streets between sunset and
sunup and for more than eight daylight hours. Exception: vehicles
and equipment for on-premises activity may be permitted with proper
traffic control devices.
A.
Purpose and scope. Whereas the Board of Supervisors of Leacock Township
has determined that air pollution from outdoor furnaces may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of Leacock Township, it is hereby declared to be the policy
of Leacock Township to safeguard the citizens of Leacock Township
from such air pollution.
B.
Applicability. This section applies to the installation and use of
all outdoor furnaces within Leacock Township, with the following exceptions:
(1)
This section does not apply to grilling or cooking using propane
or natural gas in outdoor cooking or grilling appliances.
(2)
This section does not apply to burning in a stove, furnace,
fireplace or other heating device within a building used for human
or animal habitation.
(3)
This section does not apply to the use of patio furnaces, as
defined in this section.
C.
CLEAN WOOD
EPA
FIREPLACE
HYDRONIC FURNACE OR BOILER
OUTDOOR FURNACE
PATIO FURNACE
WOOD PELLETS
Definitions. The following words, terms, and phrases, when used in
this section, unless the context clearly indicates otherwise, shall
have the following meanings ascribed to them:
Wood that contains no additives or substances of any type.
United States Environmental Protection Agency.
A permanent outdoor accessory structure primarily used for
cooking purposes.
An outdoor accessory structure and burning device used to
create steam or hot water for indoor heating purposes.
Includes all types of outdoor burning devices.
A device made of ceramic, iron or steel, designed to provide
heat on a concrete deck or patio.
Pieces of clean wood or approved substitute.
D.
Regulations. On or after the effective date of this chapter, an outdoor
furnace may be installed, used or operated in Leacock Township only
in accordance with the following provisions:
(1)
Zoning requirements for new outdoor furnaces. Outdoor furnaces
shall be permitted only by special exception in the A, LM, LI and
I Zones.
(2)
Permits for new outdoor furnaces. No person shall use or operate
an outdoor furnace unless a building permit is obtained from the Zoning
Officer.
(3)
Minimum lot area required. Outdoor furnaces shall not be installed
on tracts less than five acres in size.
(4)
Setback requirements for new outdoor furnaces:
(6)
Prohibition of operation for outdoor furnaces. No person shall
use or operate a new or existing outdoor furnace between the dates
of May 1 and September 30.
(7)
Regulatory requirements for new and existing outdoor wood-fired
boilers.
