The provisions contained in this section apply
to every zoning district in which the uses mentioned herein are permitted,
whether by right, special exception or conditional use.
A.
Uses subject to other regulations. All uses permitted
in the Township shall be subject in addition to these ordinance regulations
to all other applicable county, state or federal requirements and
licensing regulations and to the requirements of any other agency
with jurisdiction. These include but are not limited to regulations
for licensing of human service activities, requirements for accessibility
of the disabled, sewage disposal requirements, water supply regulations,
soil erosion and sedimentation control requirements, floodplain regulations,
state road regulations and fire protection requirements.
B.
Additional requirements contained in this chapter
shall also be met for each use.
A.
Principal uses shall be as follows:
(1)
Agriculture. Farming activities, including tilling
of the soil, raising of vegetables or food crops and raising of livestock,
horses, or poultry are permitted in accordance with the following
provisions:
(a)
Minimum lot area: five acres.
(b)
No storage of manure or odor or dust-producing
substance be permitted within 150 feet of any property line.
(c)
No building in which farm animals are kept shall
be closer than 150 feet to any adjoining lot line.
(d)
A single-family detached residence is permitted
on a lot which is used for agriculture, provided that it meets the
lot area and dimensional requirements for the single-family detached
dwelling in the district in which the lot is located.
(2)
Automotive body repair or paint shop. Establishments
doing paint spraying, body and fender work or custom body work for
automobiles, trucks and other motor vehicles.
(a)
All work shall be performed within a building.
(b)
All related automotive parts, refuse and similar
articles shall be stored within a building or enclosed area screened
from view from the street or surrounding properties.
(c)
No vehicle shall be stored in the open awaiting
repairs for a period exceeding 14 consecutive days, unless screened
from all adjacent roads and properties by a solid fence or compact
hedge at least eight feet in height, planted in accordance with the
buffer requirements for a Type V Buffer.
(5)
Commercial communications facility. A structure or
structures intended to be used in connection with transmitting or
receiving radio, television, microwave or telephone communication,
including but not limited to towers, support structures and any other
associated building or structure used in connection with cellular
and personal wireless communications.
[Amended 12-15-1997 by Ord. No. 313]
(a)
Maximum height shall be 300 feet; provided,
however, that no freestanding communication tower shall be permitted
to be located less than 60% of the height of the tower or 150 feet,
whichever is greater, from any occupied building or from the cartway
of any public street, roadway or highway.
(b)
The minimum lot area for a commercial communications
facility use shall be the area needed to accommodate any buildings,
towers, guy wires, buffers, buffer plantings, fencing and any other
structure associated with the facility.
(c)
Setbacks. No buildings, towers or other structures
that are part of or constitute a commercial communications facility
shall be permitted to be located within the minimum front, side or
rear yard or special setback required within the underlying zoning
district; provided, however, that such facilities shall be permitted
to be located within the yard and setback areas abutting the right-of-way
of Interstate 95 as long as buildings, towers and other structures
associated with the use are set back a minimum of 10 feet from such
right-of-way and the ground anchors for any guy wires are set back
a minimum of five feet from such right-of-way, and the front yard
may be 20 feet if the buildings, towers or other structures that are
part of or constitute a commercial communication facility are located
adjoining another commercial communication facility.
(d)
The facility must be reviewed and approved by
the Federal Aviation Administration, if required for a particular
facility, and any other regulatory authority with jurisdiction over
same.
(6)
Commercial recreation. An indoor or outdoor recreational
facility operated as a commercial venture with games, courts and fields,
including theaters, arcades, camps or miniature golf courses.
(7)
Community center. A community center is an educational,
social or recreational center operated by an educational, philanthropic
or religious institution, which is not conducted as a commercial enterprise
and which is not a use which is customarily carried on as a business
and which does not include residential facilities for chronically
ill or other persons who need institutional care due to illness, disability
or who are part of a criminal justice program and excluding any use
which is defined as commercial recreation.
(a)
Minimum net lot area: five acres.
(b)
Minimum lot width: 300 feet.
(c)
Minimum yards: 100 feet (front, sides and rear).
(7.1)
|
Community treatment/rehabilitation facility. A structure meeting the definition in § 200-7 which complies with the following requirements:
[Added 10-17-2005 by Ord. No. 354] |
(a)
|
Occupation of a community treatment/rehabilitation
facility shall be subject to confirmation by the Code Enforcement
Officer that sanitary sewer facilities, whether on-lot or municipal,
and a potable water supply are sufficient to address the needs of
all the residents of the community residential treatment/rehabilitation
facility.
| |
(b)
|
All community treatment/rehabilitation facilities
and all entities operating a community treatment/rehabilitation facility
shall comply with any and all applicable local, state and federal
ordinances, statutes, rules and/or regulations. Proof of compliance
with such ordinances, statutes, rules and regulations shall be furnished
to the Township prior to the issuance of a zoning permit.
| |
(c)
|
The housing of an individual whose residency
or tenancy in a community treatment/rehabilitation facility would
constitute a direct threat to the health or safety of other individuals
or whose residency or tenancy would result in a substantial physical
damage to the property of others is prohibited.
|
(8)
Convenience store. A retail store offering primarily
groceries, prepared food items and other small consumer items intended
for quick carry-out trade.
(a)
The use must have direct access to a collector
or arterial street.
(b)
There shall be only one point of ingress and
only one point of egress per collector or arterial street.
(c)
Where a drive-in window is proposed, a stacking
lane shall be provided to serve a minimum of nine cars. The stacking
lane shall not be used for parking lot circulation aisles, nor shall
it in any way conflict with through circulation or parking.
(d)
Trash receptacles shall be provided outside
for patron use.
(9)
Dwellings. Dwellings as defined in § 200-7 are permitted subject to the requirements of the zoning districts in which they are located. The minimum habitable floor area of any single-family dwelling shall be not less than 700 square feet.
(10)
Day-care center, group day-care facility, nursery
school and kindergarten.
(a)
Day-care center. Any premises in which child
day care is provided simultaneously for 12 or more children.
(b)
Day-care facility or group. Any premises in
which child care is provided simultaneously for seven to 11 children.
(c)
Day-care center, group day-care facility, nursery
school, kindergarten or other agency giving day-care to children,
subject to the following additional conditions:
[1]
An outdoor play area shall be provided within
the lot on which the facility is located with a minimum area of 3,500
square feet with an additional 300 square feet to be provided for
each additional child in excess of 11 children. The outdoor play area
shall be located in the rear or side yard of the lot, shall be enclosed
by a fence of at least four feet in height and shall be adequately
screened so as to protect the neighborhood from inappropriate noise
or other disturbances.
[2]
The owner and/or operator of such facility must
obtain a registration certificate or be licensed by the Pennsylvania
Department of Public Welfare. Failure to maintain the registration
and/or license shall result in revocation of the use permit and/or
zoning permit for the facility and it shall be the affirmative obligation
of the owner and operator of the facility to provide annually, proof
to the Township that the registration certificate and/or license is
valid for each year. The proof shall accompany a form prepared by
the Township suitable for the purpose of this subsection and shall
be accompanied by the payment of a fee as determined, from time to
time, by resolution of the Board of Supervisors.
[3]
The use shall be conducted in a building providing
for the safety and well-being of the occupants.
[4]
The facility shall be served by public water
and public sewer.
(12)
Farmland preservation development.
(a)
Minimum tract size: 25 acres.
(b)
All farmland preservation developments shall
be served by public sewer and water.
(c)
Farmland shall be defined as those areas of
agricultural soils classified as prime farmland and additional farmland
of statewide importance by the Important Farmland Survey, Soil Conservation
Service, as revised November 1983. Farmland shall also be defined
as those areas of agricultural soils classified as farmland of local
importance under the aforesaid survey provided such lands meet the
following qualifications:
[1]
Said lands have a history of continuous cultivation.
[2]
That such lands would be accepted only to augment
or to balance adjacent areas of prime farmland or farmland of state
wide importance where such might be required to provide more acceptable
or farmable lands.
[3]
That the acceptance of any such lands should
be based upon the dictates of the overall plan for the site including
the relationship between residential development and farmland.
(d)
All farmland to be set aside in connection with
the farmland preservation development shall be determined by the Lower
Makefield Township Board of Supervisors to be feasible for farmland
preservation.
(e)
All farmland to be set aside in connection with
the farmland preservation development shall consist of at least 10
contiguous acres of farmland.
(f)
All farmland to be set aside in connection with
the farmland preservation development shall be of a farmable shape
so as to be suitable for the convenient use of modern farm equipment
and machinery and shall not be less than 300 feet in width or dimension
at any point.
(g)
All farmland to be set aside in connection with
the farmland preservation development shall have no more than 3% impervious
surface coverage.
(h)
All farmland to be set aside in connection with
the farmland preservation development shall be provided with suitable
access, including frontage of not less than 500 linear feet on an
arterial or collector road. Farmland should be visible from an arterial
or collector road.
(i)
All farmland to be set aside in connection with
the Farmland Preservation Development shall be offered for dedication
by the developer and agreed to be accepted for dedication by Lower
Makefield Township Farmland Preservation, Inc.
(j)
All farmland to be set aside in connection with
the farmland preservation development shall be considered to be resource-protected
land.
(k)
In connection with the dedication of farmland by the developer and acceptance of same by the Lower Makefield Township Farmland Preservation, Inc., as referred to in Subsection A(12)(i) above, the developer shall pay to Lower Makefield Township Farmland Preservation, Inc., the sum of $350 for each lot contained within the farmland preservation development, which sum shall be used by the Farmland Preservation Corporation for the purposes of preserving farmland in Lower Makefield Township or for other purposes permitted by the Farmland Preservation Corporation bylaws.
(13)
Financial service. Financial establishments
such as banks, savings and loan associations and credit unions. For
each drive-in teller window a stacking lane to accommodate six cars
shall be provided.
(14)
Funeral home. A building used for the preparation
of the deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation, including auditorium
and temporary storage facilities, but not including crematoria or
cemeteries, columbariums, mausoleums or any other permanent storage
facility.
(a)
Minimum net lot area: two acres.
(b)
Minimum lot width: 200 feet.
(c)
All funeral homes shall be served by public
sewer systems.
(14.1)
|
Forestry/timber harvesting.
[Added 12-3-2001 by Ord. No. 329] | ||||
(a)
|
Definitions. The following terms shall have
the meanings given them in this subsection.
| ||||
FELLING — The act of cutting
a standing tree so that it falls to the ground.
| |||||
FORESTRY — The management of
forests and timberlands when practiced in accordance with accepted
silvicultural principles, through developing, cultivating, harvesting,
transporting and selling trees for commercial purposes, which does
not involve any land development. Clear cutting or selective cutting
of forest lands for a land use change are excluded from this definition.
| |||||
LANDING — A place where logs,
pulpwood or firewood are assembled for transportation to processing
facilities.
| |||||
LITTER — Discarded items not
normally occurring on the site, such as tires, oil cans, equipment
parts and other rubbish.
| |||||
LOP — To cut tops and slash
into smaller pieces to allow the material to settle close to the ground.
| |||||
OPERATOR — An individual, partnership,
company, firm, association or corporation engaged in timber harvesting
including the agents, subcontractors and employees thereof
| |||||
LANDOWNER — An individual, partnership,
company, firm, association or corporation that is in actual control
of forest land, whether such control is based on legal or equitable
title, or on any other interest entitling the holder to sell or otherwise
dispose of any or all of the timber on such land in any manner, and
any agents thereof acting on their behalf, such as forestry consultants,
who set up and administer timber harvesting.
| |||||
PRECOMMERCIAL TIMBER STAND IMPROVEMENT —
A forest practice, such as thinning or pruning, which results in better
growth, structure, species composition, or health for residual stand
but which does not yield a net income to the landowner, usually because
any trees cut are of poor quality, too small or otherwise of limited
marketability or value.
| |||||
SKIDDING — Dragging trees on
the ground from the stump to the landing by any means.
| |||||
SLASH — Woody debris left in
the woods after logging, including lops, tops, chucks, bark branches,
uprooted stumps and broken or uprooted trees or shrubs.
| |||||
STAND — Any area of forest vegetation
whose site conditions, past history and current species composition
are sufficiently uniform to be managed as a unit.
| |||||
STREAM — Any natural or artificial
channel of conveyance for surface water with an annual or intermittent
flow within a defined bed and banks.
| |||||
TIMBER HARVESTING, TREE HARVESTING, or LOGGING — The
process of cutting down trees and removing logs from the forest for
the primary purpose of sale or commercial processing into wood products.
Clear cutting or selective cutting of forest lands for a land use
change are excluded from this definition.
| |||||
TOP — The upper portion of a
felled tree that is unmerchantable because of small size, taper or
defect.
| |||||
(b)
|
Scope; applicability. A zoning permit shall
be required for all forestry/timber harvesting activities, except
as otherwise set forth in Subsection A(14.1)(h) below. An applicant
for a zoning permit for forestry/timber harvesting activities shall
include, as part of the permit application, a written logging plan
in the form specified in Subsection A(14.1)(c) below. The zoning permit,
application and logging plan shall be reviewed by the Township Zoning
Officer and Engineer, if required, to determine compliance with the
provisions of this chapter. No permit for forestry/timber harvesting
activities shall be issued until the Zoning Officer has determined
that the logging plan complies with all of the applicable provisions
of this chapter. The provisions of the logging plan shall be followed
throughout the logging/forestry operation. The logging plan shall
be available at the harvest site at all times during the operation
and shall be provided to the Township Enforcement Officer upon request.
| ||||
(c)
|
Requirements for forestry/logging plan.
| ||||
[1]
|
Minimum requirements. As a minimum, the logging
plan shall include the following:
| ||||
[a]
|
Design, construction, maintenance and retirement
of the access system, including haul roads, skid roads, skid trails,
and landings.
| ||||
[b]
|
Design, construction and maintenance of water
control measures and structures, such as culverts, broad-based dips,
filter strips and water bars.
| ||||
[c]
|
Design, construction and maintenance of stream
and wetland crossings.
| ||||
[d]
|
A written and graphic reforestation or forest
maintenance program prepared by either a professional forester or
arborist providing a program for the reestablishment of the forest
or wooded area on a sustained yield basis. If clear cutting of timber
resources are proposed, such operation shall be limited to no greater
than 30% of the forested wooded area per year. All clear cutting operations
shall be coordinated with a reforestation plan prepared in accordance
with accepted silvicultural practices. The reforestation plan shall
provide acceptable methods for protection against the deer population.
| ||||
[e]
|
The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
| ||||
[f]
|
Copies of all required permits shall be submitted
as an appendix to the plan.
| ||||
[g]
|
Proof of current general liability and/or worker's
compensation insurance.
| ||||
[h]
|
Proof of PennDOT highway occupancy permit or
Township driveway permit for temporary access, as applicable.
| ||||
[i]
|
Copy of Bucks County Conservation District letter
of adequacy for the proposed erosion control facilities, including
associated plans, reports and other permits as required.
| ||||
[2]
|
Map. Each forestry/logging plan shall include
a site map containing the following information:
| ||||
[a]
|
Site location and boundaries, including both
the boundaries of the property on which the timber harvest will take
place and the boundaries of the proposed harvest area within that
property;
| ||||
[b]
|
Significant topographic features related to
potential environmental problems;
| ||||
[c]
|
Location of all earth disturbance activities,
such as roads, landings and water control measures and structures;
| ||||
[d]
|
Location of all crossings of waters of the commonwealth;
and
| ||||
[e]
|
The general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
| ||||
[3]
|
Compliance with state law. The forestry/logging
plan shall address and comply with the requirements of all applicable
state laws and regulations, including, but not limited to, the following:
| ||||
[a]
|
Erosion and sedimentation control regulations
contained in Chapter 102 of Title 25 of the Pennsylvania Code, promulgated
pursuant to the Clean Streams Law (35 P.S. § 691.1, et seq.);
| ||||
[b]
|
Stream crossing and wetlands protection regulations
contained in Chapter 105 of Title 25 of the Pennsylvania Code, promulgated
pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1,
et seq.); and
| ||||
[c]
|
Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1,
et seq.)
| ||||
[4]
|
Compliance with federal law/regulations. The
forestry/logging plan shall address and comply with the requirements
of all applicable federal laws and regulations including, but not
limited to, the Best Management Practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i-xv).
| ||||
[5]
|
Compliance with Township ordinances. The forestry/logging plan shall comply with all applicable Township ordinances, including but not limited to the provisions of Article XIII of the Township Subdivision and Land Development Ordinance[1] regarding stormwater management, erosion and sediment
control and grading. In cases of conflict, the stricter set of standards
shall apply.
| ||||
(d)
|
Forest practices. The following requirements
shall apply to all forestry/timber harvesting operations in the Township:
| ||||
[1]
|
Felling or skidding on or across any public
thoroughfare is prohibited without the expressed written consent of
the Township or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of the thoroughfare.
| ||||
[2]
|
No tops or slash shall be left within 25 feet
of any public thoroughfare or private roadway providing access to
an adjoining property.
| ||||
[3]
|
All tops and slash between 25 and 50 feet from
a public roadway or private roadway providing access to adjoining
residential property or within 50 feet of adjoining residential property
shall be lopped to a maximum height of four feet above the surface
of the ground.
| ||||
[4]
|
No tops or slash shall be left on or across
the boundary of any property adjoining the operation without the consent
of the owner thereof.
| ||||
[5]
|
Litter resulting from a timber harvesting operation
shall be removed from the site by the operator before it is vacated.
| ||||
[6]
|
Any soils, stones and/or debris carried onto
public roadways must be removed immediately.
| ||||
[7]
|
No forestry/logging use shall be permitted within
areas with slopes of 8% or greater.
| ||||
[8]
|
When the harvest is completed, both dirt roads
used by the trucks and the skid roads used to drag the logs from the
woods to the loading area must be graded approximately to original
contours, and be seeded and mulched as necessary to establish stable
ground cover.
| ||||
[9]
|
A no-logging buffer zone with a width of 25
feet shall be maintained along any street abutting or running through
a property on which the forestry/logging operation is to be conducted.
The buffer shall be measured from the ultimate right-of-way of a public
street and from the easement boundary of a private street. No trees
shall be cut, removed, skidded, or transported in a no-logging buffer
zone except as necessary for access to the site from the street.
| ||||
[10]
|
A no-logging buffer zone with a width of 50
feet shall be maintained along all properties abutting a property
on which the logging operation is to be conducted. The buffer shall
be measured from the property line. No trees shall be cut, removed,
skidded, or transported in a no-logging buffer zone except as necessary
for access to the site from a street.
| ||||
[11]
|
A no-logging riparian buffer zone with a width
of 75 feet shall be maintained along both sides of any watercourse
or canal that abuts or runs through a property on which the forestry,
logging, or timber harvest operation is to be conducted. The buffer
shall be measured from the high-water mark of the watercourse or canal.
No trees shall be cut, removed, skidded, or transported in a no-logging
riparian buffer zone.
| ||||
(e)
|
Notification of commencement or completion.
For all forestry and timber harvesting operations that are expected
to exceed one acre, the landowner shall notify the Township Enforcement
Officer at least 10 business days before the operation commences and
within five business days before the operation is complete. No timber
harvesting shall commence until the notice has been provided. Notification
shall be in writing and shall specify the land on which harvesting
will occur, the expected size of the harvest area, and, as applicable,
the anticipated starting or completion date of the operation.
| ||||
(f)
|
Financial security. Financial security shall
be established in a manner acceptable to the Township to guarantee
repair of all damage that may occur to public streets due to the forestry/logging
operations, and to guarantee compliance with erosion and sedimentation
control plans, compliance with stormwater management plans and compliance
with the requirement for reforestation and restoration of the site
upon completion of logging operations. Pursuant to Chapter 189 of
Title 67 of the Pennsylvania Code, the Township may also require the
landowner or operator to furnish a bond to guarantee the repair of
such roads.
| ||||
(g)
|
Responsibility for compliance. The landowner
and operator shall be jointly and severally responsible for complying
with the terms of the logging plan.
| ||||
(h)
|
Exceptions to requirement for zoning permit.
An individual property owner need not obtain a permit to cut a tree
or trees as part of normal home maintenance and upkeep, and the following
activities are specifically exempted:
| ||||
[1]
|
Removal of diseased or dead trees.
| ||||
[2]
|
Removal of trees which are in such a condition
or physical position as to constitute a danger to the structures or
occupants of properties or a public right-of-way.
| ||||
[3]
|
Removal of up to five trees per acre of woodlands
per year, not to exceed a total of 10 trees per lot, or any combination
of adjoining lots in common ownership, which are 12 inches or more
inches in diameter, measured four feet above grade, and not covered
by the exemptions in the foregoing two subsections.
| ||||
(i)
|
Enforcement.
| ||||
[1]
|
Inspections. Any official or employee of the
Township may go upon the site of any timber harvesting operation before,
during or after active logging to: review the logging plan or any
other required documents for compliance with this chapter; and inspect
the operation for compliance with the logging plan and other on-site
requirements of this chapter.
| ||||
[2]
|
Violation notices; suspensions. Upon finding
that a forestry or timber harvesting operation is in violation of
any provisions of this chapter, the Township shall issue the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Township may order the immediate suspension of any operation upon
finding that corrective action has not been taken by the date specified
in a notice of violation; the operation is proceeding without a logging
plan; or the operation is causing an environmental risk. Suspension
orders shall be in writing, shall be issued to the operator and the
landowner, and shall remain in effect until, as determined by the
Township, the operation is brought into compliance with this chapter
or other applicable statutes or regulations. The landowner or the
operator may appeal an order or decision of an official or employee
of the Township in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.[2]
| ||||
[3]
|
Penalties. Any landowner or operator who violates
any provision of this chapter, or who fails to comply with a notice
of violation or suspension order issued under Subsection A(14.1)(i)[2]
shall be subject to a fine of not less than $500, nor more than $1,000,
plus costs and attorney fees, in accordance with the Pennsylvania
Municipalities Planning Code. Each day of continued violation of any
provision of this subsection shall constitute a separate offense.
|
(15)
General business, professional or government
office. A room or group of rooms used for conducting the affairs of
a business, profession, service or government but excluding medical
or veterinary offices.
(16)
Golf course. Golf course, not including miniature
golf, but which may include a clubhouse, restaurant and other accessory
uses provided that these are clearly accessory to the golf course,
subject to the following additional provisions:
(17)
Health or fitness club. An indoor facility providing
facilities such as gyms, exercise equipment and rooms for exercise,
fitness or dance classes.
(18)
Hospital. An institution licensed by the Commonwealth
of Pennsylvania providing primary health services and medical or surgical
care to persons suffering from illness, disease, injury or other abnormal
physical or mental conditions and including as an integral part of
the institution related facilities such as laboratories, outpatient
facilities, rehabilitation facilities or training facilities.
(19)
Hotel/motel/inn.
[Amended 2-16-1998 by Ord. No. 314; 10-3-2007 by Ord. No.
372]
(a)
Hotel. A facility offering furnished, transient
lodging accommodations to the general public and providing additional
services, such as meeting rooms, banquet facilities and restaurants,
with pedestrian access for all of the rooms having to pass through
a main lobby. A "hotel" does not include a motel or convention center.
Any restaurant use proposed to be included within the hotel facility
must also comply with all use regulations for that use in accordance
with the provisions of this chapter.
[2]
Within the O/R Research District, a hotel shall
be permitted as a conditional use only and shall be subject to all
general conditions for conditional uses and to the following additional
conditions:
[a]
The hotel use shall be permitted
only as an integral part of a planned office complex. For the purposes
of this use, an "office complex" shall be defined as a planned office
park containing offices and other permitted uses, without subdivision
into individual lots and with a common design, architectural style,
coordinated road and access system and coordinated landscaping.
[b]
The hotel shall constitute no more
than 30% of the total square footage of the office complex located
on the same lot.
[c]
In order to be eligible for the
hotel use, the site must have frontage on two separate arterial roads
and on Interstate I-95.
[d]
The site proposed to contain the
hotel use shall have a minimum net lot area of 20 acres.
[e]
The architectural design of the
hotel shall be subject to the review by the Township to ensure that:
[i]
The design is compatible with the
character of Lower Makefield Township's historic and residential development
patterns.
[ii]
The design of the building is
the same general style, in terms of scale, materials, architectural
type and colors, as the office buildings which constitute the rest
of the office complex; no prototypical franchise-style exterior hotel
design shall be permitted, except to the extent that this style meets
the other criteria for compatibility and suitability on the site.
[iii]
The requirements regarding architectural
design are guaranteed by means of restrictive covenants.
[f]
No more than 140 guest rooms shall
be permitted.
[g]
The hotel may contain rooms for
meeting space but shall not be designed as a convention center. No
more than 10% of the gross floor area of the hotel may be used for
meeting rooms.
[h]
No individual freestanding sign
shall be permitted for the hotel, and signs on the hotel shall be
of the same scale, design and color as the office complex signs, except
for directional signs not exceeding six square feet.
[i]
In addition to the building signs
permitted by this chapter, a hotel use shall be permitted to have
one sign located on a canopy at the front entrance to the hotel, which
said sign shall not exceed 80 square feet. The canopy sign shall be
placed on a canopy which overhangs the front entrance and shall include
only the name of the hotel.
[j]
A motel use shall not be permitted
in the O/R Office Research District.
(b)
Motel.
[1]
A building or group of two or more detached
or semidetached buildings containing rooms having separate ground
floor entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the providing of sleeping accommodations for automobile travelers
and transient guests.
(c)
Inn. A business that may provide a minimum of
four rooms for overnight guests, provided that the rooms cannot be
used for extended stays that are greater than 12 weeks’ duration.
An inn may also include a restaurant.
(20)
Kennels. The keeping of more than three dogs
that are more than six months old for breeding, training, sale or
boarding for a fee or as pets, provided that the following conditions
are met:
(21)
Library or museum. Library or museum, open to
the public or connected with a permitted educational use and not operated
as a private gainful business.
(22)
Light manufacturing. The production, processing,
assembly, cleaning and distribution of materials, foodstuffs and other
products. Processing on farms is not considered manufacturing where
the raw material is produced on the farm.
(23)
Medical office. Office or clinic for medical,
psychological, or dental examination or treatment of persons in the
areas of physical or mental health as outpatients, including laboratories
incidental thereto.
(24)
Mobile home park. A mobile home park as defined in § 200-7 shall be permitted subject to the following regulations and all other applicable requirements of this chapter:
(a)
Lot and area requirements.
[1]
Minimum net lot area for park: 15 acres.
[2]
Minimum lot width: 300 feet.
[3]
Minimum open space requirement: tract area 20%
of minimum mobile home lot area, 6,500 square feet for double wide
units.
[Amended 8-2-2023 by Ord. No. 440]
[4]
Minimum mobile home lot area for single wide
units: 5,500 square feet.
[5]
Minimum mobile home lot width for double wide
units: 60 feet.
[6]
Minimum mobile home lot width for single wide
units: 50 feet.
[7]
Maximum impervious surface ratio for tract:
45%.
[8]
Tract perimeter setback: 50 feet.
[10]
Minimum spacing between any two
units: 25 feet.
(b)
Application to municipality. All plans for mobile home parks shall be made in accordance with the application requirements of Chapter 178, Subdivision and Land Development.
(c)
Water supply. Where a public water supply system
of satisfactory quantity, quality and pressure is available the mobile
home park shall be serviced by the public water system. Where a satisfactory
public water system is not available the development of a private
water supply shall be in accordance with the rules and regulations
of the Pennsylvania Department of Environmental Protection and the
Bucks County Board of Health or such other authority having jurisdiction.
(d)
All sanitary sewage from the mobile home park
shall be delivered to a public sanitary sewer system and no on-site
disposal shall be permitted. Construction of the internal sewer lines
shall conform to the minimum standard of the Township as prescribed
for conventional residential development.
(e)
Refuse handling. The storage, collection and
disposal of refuse in the mobile home park shall be so conducted as
to create no health hazards, rodent harborage, insect breeding areas,
accident or fire hazards or air pollution and shall comply with the
Pennsylvania Department of Environmental Protection and Bucks County
Board of Health regulations governing mobile home parks. The park
owner shall be responsible for the efficient and prompt collection
of trash and garbage. Junked or abandoned motor vehicles and other
similar objects shall not be permitted to remain on the park premises.
It shall be the park owner's duty to effect prompt removal.
(f)
Fire protection. The mobile home park shall
be subject to any and all rules and regulations relative to fire prevention
in force in the Township of Lower Makefield. Fire hydrants shall be
installed within the park in accordance with the recommendation of
the Board of Supervisors.
(g)
Skirting. All mobile homes within a mobile home
park shall have the space between the floor of the mobile home and
the mobile home stand completely enclosed. Such enclosure may be provided
by a permanent masonry foundation or by temporary materials, commonly
called "skirting."
(h)
A mobile home park may include mobile homes
of single-width or multiple-width, or both, but shall not include
recreational vehicles.
(i)
Any mobile home park shall provide a minimum
of 32 square feet (250 cubic feet) of secure storage area for each
mobile home.
(j)
One double-width mobile home unit may be used
as a management and rental office within the park. No other commercial
activities are permitted within a park.
(l)
The development must have at least one direct
access point from an existing arterial or collector road. In the event
that only the direct access point is provided, the development must
provide a secondary emergency access.
(m)
All streets, parking areas and areas of high
pedestrian use shall be adequately lighted to the satisfaction of
the Township. All such lighting shall be arranged so as to direct
away from adjoining residences.
(n)
Park management.
[1]
The person to whom a license for a mobile home
park is issued shall operate the park in compliance with this chapter
and shall provide adequate supervision to maintain the park, its facilities
and equipment in good repair and in a clean and sanitary condition.
[2]
The park management shall supervise the placement
of each mobile home on its mobile home lot which includes securing
its stability and installing all utility connections.
[3]
The park management shall give Township officials
free access to all mobile home lots, service buildings and other community
service facilities for the purpose of inspection.
[4]
The management shall maintain a register containing
the names of all park occupants. Such register shall be available
to any authorized person inspecting the park. The management shall
notify the appropriate officer, in accordance with state and local
taxation laws, of the arrival and departure of each mobile home.
(o)
Certificate of occupancy. No mobile home shall
be occupied or installed in any mobile home park until the owner of
the park has secured from the Lower Makefield Township Zoning Officer
a certificate of occupancy. No mobile home shall be moved from one
lot to another within a mobile home park until a certificate of occupancy
has been issued by the Township Zoning Officer. The owner shall be
required to pay such fees as are established by the Township for the
issuance of such permits. The purpose of this section is to ensure
that such mobile home is properly sited, that all utility connections
have been made as required by all ordinances of the Township, that
registration is made for tax purposes and that each such mobile home
has been labeled by a state agency authorized pursuant to the Uniform
Standards Code for mobile homes.
(p)
Moving permit. No mobile home shall be removed from the Township nor shall any registered occupants of any mobile home within any mobile home park change their place of residence without first obtaining a moving permit from the Township as required by Chapter 135, Moving Permits. Such permit shall be issued upon proof of satisfaction of payment of any outstanding personal taxes or any real estate taxes or other obligations owed the Township in connection with such mobile home.
(25)
Nursery/horticulture/greenhouse. Nursery uses,
including the growing of trees, ornamentals, shrubs, flowers and plants
with or without retail sales or greenhouses are permitted in accordance
with the following provisions:
(a)
Minimum net lot area: five acres.
(b)
Minimum setbacks from all lot lines: 100 feet.
(c)
Maximum impervious surface. In accordance with
the impervious surface requirements chart for the district within
which the use is located.
(d)
No greenhouse heating plant shall be operated
within 100 feet of any adjoining lot line.
(26)
Nursing home.
(a)
A skilled or intermediate care facility licensed
by the Commonwealth of Pennsylvania to provide full-time convalescent,
chronic or rehabilitative care to four or more individuals who, by
reason of advanced age, chronic illness, infirmity or disability,
are unable to care for themselves.
[Amended 10-17-2005 by Ord. No. 354]
(b)
A personal care home, as licensed by the Pennsylvania
Department of Welfare, in which food, shelter, and personal assistance
or supervision is provided for a period exceeding 24 consecutive hours
for four or more adults who are not relatives of the operator and
who require assistance or supervision in matters such as dressing,
bathing, diet or medication prescribed for self-administration but
do not require hospitalization or care in a skilled nursing or intermediate
care facility.
[Amended 10-17-2005 by Ord. No. 354]
(c)
Area and yard requirements.
[1]
Minimum net lot area: five acres.
[2]
Minimum lot width: 300 feet.
[4]
Maximum impervious surface ratio. In accordance
with the impervious surface requirements chart for the district within
which the use is located.
(26.1)
|
Open space cluster development. In order to
encourage low-impact development (LID) within the Township, open space
cluster development is permitted as provided in the applicable sections
relating to the R-RP, R-1, R-2 and R-3 Districts. The application
of LID strategies to reduce total and effective impervious surfaces,
retain natural features and vegetation, and reduce the development
footprint may result in the significant reduction of traditional roadway,
stormwater collection, storage and treatment system requirements.
This will result in lower upfront infrastructure costs for the developer
and reduce the long-term maintenance and replacement costs of these
facilities.
[Added 12-20-2006 by Ord. No. 364] | ||
(a)
|
Minimum gross site area shall be 10 acres.
| ||
(b)
|
Table of performance standards: Lot area and
density for open space cluster development are specified in the applicable
sections for each of the R-RP, R-1, R-2 and R-3 Districts.
|
(27)
(28)
Public or private schools. Religious, sectarian
and nonsectarian, denominational private or public school or college
which is not conducted as a private gainful business providing basic
education to students in grades K through 12, not including a trade
or commercial school.
(29)
Public recreational facility. Recreational facility,
playground or park, owned or operated by the Township or other governmental
agency, subject to the following provisions:
(a)
The yard setbacks for a single-family detached
dwelling shall apply to public recreational facilities using the dwelling
requirements for the zoning district in which the facility is located.
(30)
Utility. A private or municipal corporation
providing services customarily rendered by public utility corporations,
municipalities or municipal authorities, whether or not qualified
as a public utility under Pennsylvania law, such services to include
but not be limited to electricity, gas, telephone, water, sewerage,
cable television, bulk pipe lines and railroads. Utility corporation
use shall include but not be limited to transformer station, pumping
station, electrical substation, switching center, sewage treatment
plant, water tower, relay station, transmission tower, pedestal and
any similar or related utility installation, not including public
incinerators, commercial communication facilities or public or private
landfills. Utility corporation use shall include appurtenances used
in connection with the supplying of such services, including but not
limited to buildings, pedestals, cables, wires, pipes, poles and the
like. Utility use is permitted provided that all of the following
are complied with were applicable:
[Amended 8-7-1995 by Ord. No. 297; 12-15-1997 by Ord. No.
313]
(a)
Such installation shall be essential to service
the residents of Lower Makefield Township.
(b)
No public business office or any storage yard
or storage building shall be operated in connection with the use.
(c)
Such installation shall comply with all other
provisions of this chapter. All permits required by any regulatory
agency having jurisdiction, by this chapter and by any other applicable
Township ordinance, including but not limited to building and zoning
permits shall be obtained in connection with the installation of any
structures associated with the use.
(d)
No structure installed or associated with the
use shall be permitted to be located above grade level within the
right-of-way of any Lower Makefield Township or PennDOT street or
roadway.
(e)
Where the installation involves a building or structure in excess of 10 feet in height or covering more than 10 square feet in area it shall have a Type II buffer yard, provided along all property lines abutting residential areas, which shall include adequate means for visual screening, in accordance with Article XVI.
(f)
Where the installation involves a building or
structure in excess of 10 feet in height or covering more than 10
square feet in area above grade, it shall have a minimum net lot area
necessary to accommodate the building, required buffer, required parking
and a minimum distance between all structures, including parking areas
and the property lines of 50 feet.
(31)
Quarry. Extraction operations for sand, clay,
shale, gravel or stone, but excluding asphalt or ready-mix concrete
plants.
(a)
Minimum net lot area: 15 acres.
(b)
Minimum lot width: 300 feet.
(c)
Minimum yards: 200 feet (front, sides and rear).
(d)
There shall be a berm of minimum height of 15
feet and maximum height of 50 feet surrounding the entire property
site. Berms shall be planted and erosion control measures shall be
taken as required by the United States Soil Conservation Service.
Berms shall begin at a point no closer to a street than the ultimate
right-of-way line. No berms shall be constructed closer than 50 feet
to a district in which extraction operations are not permitted. Planting
of the berms and yard areas shall be sufficient to screen the quarry
extraction operations.
(e)
A chain link type fence at least eight feet
in height shall be required within the required yard area at a point
no closer than the ultimate right-of-way line to be maintained in
a constant state of good repair.
(f)
An adequate internal circulation pattern of
driveways shall be maintained between the excavation sites and processing
areas. Use of public streets shall not be permitted for hauling between
extractive and processing areas.
(g)
All operations shall be conducted with sufficient
lateral support to be safe with respect to: hazard to persons, physical
damage to adjacent lands or improvements or damage to any street,
sidewalk, parking area or utility by reason of slide, sinking, or
collapse.
(h)
Stock piles shall not exceed 35 feet in height
from the surrounding grade level and shall not be located within the
required yards.
(i)
No ground vibration caused by blasting or machinery
shall exceed the limits established by the Act of July 10, 1957, P.L.
685, as amended, 73 P.S. §§ 164 through 168, and the
rules and regulations adopted thereunder, with the exception that
no blasting shall cause a peak particle velocity greater than 0.10
inch per second, measured at the property line of the quarry site.
[Amended 10-21-1996 by Ord. No. 305]
(j)
All applications shall be accompanied by an
Environmental Impact Assessment Report, prepared in accordance with
the requirements of Appendix A which is incorporated in this chapter.[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
(k)
All applications shall be accompanied by a reclamation
plan.
(l)
Hours of operation. No quarrying operation or
activity which involves the use of blasting, crushing, material handling
equipment and vehicles other than those customarily employed in office
functions shall be carried on before the hour of 6:30 a.m. or after
the hour of 7:00 p.m. (either Eastern standard time or daylight saving
time). There shall be no quarrying operation of any type on Sunday.
(m)
Blasting. No blasting or use of explosives shall
be permitted upon said quarry except in accordance with the laws of
the Commonwealth of Pennsylvania and in accordance with the regulations
that may be promulgated by the Secretary of Labor and Industry of
the Commonwealth of Pennsylvania and, prior to the firing of a blast
or the setting off of explosives in any quarry in Lower Makefield
Township, said owner/operator shall advise, at least 24 hours prior
to the time of said detonation, one adult occupant of each dwelling
located on a property adjoining the property line of said quarry as
to the date and time that said blast will be detonated.
(n)
Conformity to federal, state and local laws.
All permitted quarrying and related uses and operations shall conform
to any applicable federal, state and local statutes, ordinances, regulations
and standards relative to water or air pollution, particle emission,
noise, waste disposal, vibration, land rehabilitation and reclamation
and performance bond requirements. The applicable laws shall include
but not be limited to the Clean Streams Act and the Surface Mining
Conservation and Reclamation Act, as amended.[4]
[4]
Editor's Note: See 35 P.S. § 690.1
et seq. and 52 P.S. § 1396.1 et seq., respectively.
(32)
Research and development. An establishment for
carrying on investigation in the natural, physical or social sciences
or engineering and development as an extension of research.
(33)
Restaurant. Any place for the sale and consumption
of food and beverages without drive-through window service which is
prohibited.
(34)
Restaurant with drive-through service. Eating
establishments with drive-through window service in which the principal
business is the sale of foods and/or beverages in ready-to-consume
state for consumption either within the restaurant building or for
carry-out with consumption off the premises.
(a)
The use must have direct access to a collector
or arterial street.
(b)
There shall be only one point of ingress and
only one point of egress per collector or arterial street.
(c)
Where a drive-in window is proposed, a stacking
lane shall be provided to serve a minimum of nine cars. The stacking
lane shall not be used for parking lot circulation aisles, nor shall
it in any way conflict with through circulation or parking.
(d)
Trash receptacles shall be provided outside
the restaurant for patron use.
(35)
Retail or personal service store.
(a)
Retail stores are establishments engaged in
selling or renting goods or merchandise to the general public for
personal or household consumption or use including grocery supermarkets
and rendering services incidental to the sale or repair of such goods.
(b)
Personal service stores are establishments primarily engaged in providing services involving the care of a person or his or her apparel, including personal service shops dealing directly with customers, beauty parlor, barber shop, clothes cleaning or pressing shop (not to include dry cleaning and dyeing plant), shoe repair shop, dressmaking, millinery and automatic self-service laundry. This use does not include a restaurant or large retail store whose market is of a regional nature or other type of establishment which is specifically designated in this chapter as a separate use. Retail stores of 10,000 square feet or more are subject to the requirements of Subsection A(36), Retail store, large.
(36)
Retail store, large. Any retail facility with
more than 10,000 square feet of floor area, except for supermarkets;
or any variety store, department store, home improvement center, garden
center or discount store regardless of size.
[Amended 8-31-2020 by Ord. No. 423]
(37)
Riding stables. An establishment where horses
are boarded and cared for, including buildings associated therewith
or where instruction in riding, jumping and showing may be offered.
(38)
Salvage facility. A facility for the dismantling
for sale or disposal at another location of used or discarded machinery,
vehicles, appliances or parts thereof.
(a)
Minimum net lot area: four acres.
(b)
The facility must be operated in accordance
with the Commonwealth of Pennsylvania regulations for salvage yards
and must have a junkyard permit.
(c)
The facility shall be totally enclosed by a
solid fence or wall at least eight feet in height with access only
through solid gates. The fence or wall shall be placed on the building
setback lines and not within required yard areas. No materials shall
be stored or deposited to a height greater than the fence height.
No storage outside of the fenced area is permitted. A Type V buffer
is required.
(d)
Dumping of trash, landfill operations and burning
of any materials is prohibited.
(e)
Paving and sealing of storage areas to protect
against groundwater contamination is required.
(39)
Service station. Automobile service station
where gasoline, oil, grease, batteries, automobile accessories and
small convenience food and beverage items are sold at retail and/or
where routine automobile service is provided which may include facilities
for lubricating, washing, repairing or otherwise servicing motor vehicles
but which shall not include painting, body and fender repairs or vehicular
sales.
(a)
Minimum lot width on each street line: 150 feet.
(b)
All activities except those to be performed
at the fuel pumps shall be performed within a completely enclosed
building.
(c)
No building, structure, fuel pump or aboveground
fuel storage tank shall be less than 100 feet from any residential
district.
(d)
Fuel pumps shall be at least 25 feet from any
ultimate street right-of-way.
(e)
All automobile parts and similar articles shall
be stored within a building.
(f)
Paint spraying or body and fender work shall
not be permitted.
(g)
Lubrication, oil changes, tire changes and minor
repairs permitted if entirely within a building.
(h)
Vehicles shall not be stored outdoors while
awaiting repairs for more than five days.
(i)
There shall be no sale or rental of cars, trailers
and other vehicles.
(j)
Junk and unlicensed vehicles may not be stored
in the open at any time.
(l)
All applicable regulations of county, state,
federal or other agencies with jurisdiction controlling self-service
gasoline pumps shall be adhered to.
(m)
All applicable regulations of county, state,
federal or other agencies with jurisdiction controlling of underground
storage tanks shall be adhered to.
(n)
Access regulations.
[1]
There shall be no more than two access points along any frontage and they shall be at least 40 feet apart and no driveway shall be closer to a side property line than 10 feet. If the buffer requirements of Article XVI require a distance of more than 10 feet from the property line, the requirement of the buffer yard shall be met.
[2]
Each driveway shall be not more than 30 feet
in width, measured at right angles to the center line of the driveway,
not including permissible curb return radii.
[3]
On all corner properties there shall be a minimum
distance of 50 feet between any entrance or exit drive and the right-of-way
line or proposed right-of-way line of the street which parallels said
access drive.
(40)
Shopping center. A shopping center consists
of one or more groups of establishments, primarily retail, service,
and office uses, in buildings integrated and harmoniously designed,
together with adequate and properly arranged traffic and parking facilities
and landscaping which will be an attractive and efficient shopping
center, convenient, pleasant and safe to use and which will fit harmoniously
into, and will have no adverse effects upon, the adjoining or surrounding
development. Only those uses permitted within the district in which
the shopping center is proposed to be located or is located shall
be permitted within a shopping center.
(a)
Minimum net lot area: 10 acres.
(b)
Minimum lot width: 400 feet.
(c)
Maximum impervious surface coverage: 65%.
(d)
Buildings shall be grouped in relation to parking
areas so that establishments can be visited with a minimum of internal
automobile movement and through traffic.
(e)
No structure shall be within 25 feet of the
right-of-way of roads.
(f)
The shopping center must have more than one
access point from one or more existing collector or arterial roads.
(g)
All establishments in the shopping center must
have vehicular service access either from an individual service yard
or from a common service court serving a number of establishments.
(h)
All such service areas must be segregated from
public areas and appropriately screened from public view using a Type
V buffer.
(i)
The Township shall determine on a case-by-case
basis the number of loading berths that will be sufficient for the
operation anticipated. Each berth shall be no less than 14 feet in
width and 60 feet in length.
(j)
All streets, off-street parking lots and areas
of pedestrian use shall be adequately lighted.
(k)
Cooling towers, air conditioning and cleaning
equipment and structures and other permitted aboveground accessory
installations shall be screened from view of any adjacent property
by a Type V buffer which shall be properly maintained.
(l)
The development shall be served by central water
supply and public sewage disposal systems. All utility lines shall
be underground.
(m)
The subdivision of the shopping center tract
into individual lots is not permitted.
(41)
Solid waste facility.
(a)
COMPOSTING PLANT
LANDFILL or MUNICIPAL LANDFILL or SANITARY LANDFILL
RECYCLING CENTER
RESOURCE RECOVERY FACILITY
TRANSFER STATION
INCINERATOR
Solid waste facility shall mean one or more
of the following:
A facility at which composting is done. Composting shall
mean the process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like
product. Compostable material shall mean organic waste which is capable
of undergoing composting. Composting activities associated with normal
farming operations shall not be included in this definition of composting
plant.
A Pennsylvania Department of Environmental Protection-approved
facility for disposing of solid waste on land without creating nuisances
or hazards to the public health or safety.
A facility established to receive, process, store, handle
and ship recyclable materials.
A plant, establishment, set of equipment or other operation
which recovers useful materials and/or products, including heat, electricity
and/or recyclable materials from otherwise waste materials. A resource
recovery facility shall not include a landfill.
A facility which receives and temporarily stores solid waste
at a location other than the generation site, and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing or disposal.
A facility used for the incineration of solid waste and the
production of steam and electricity or other useful forms of energy.
(b)
Dimensional requirements shall be:
[1]
Minimum net lot area: 20 acres.
[2]
Maximum building coverage: 10%.
[3]
Minimum lot width: 450 feet.
[4]
Minimum front yard: 200 feet (400 feet if adjacent
to residences or a residential district).
[5]
Minimum side yard: 100 feet (200 feet if adjacent
to residences or a residential district).
[6]
Minimum rear yard: 100 feet (200 feet if adjacent
to residences or a residential district).
(c)
Landscaping shall be provided to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the facility. A buffer zone of 50 feet in width shall be established from the property line which shall be planted around the perimeter of the site in accordance with the buffer standards of Article XVI (Type I buffer plantings required).
(d)
The facility shall be screened by fencing, walls,
berming and other site improvement features to compliment the proposed
landscaping buffer, and shall be surrounded by adequate fencing to
prevent unauthorized entry.
(e)
The facility shall provide adequate exterior
lighting for the safe and efficient operation and security of the
facility but as minimal and subdued as possible using light posts
and fixtures complimentary to the proposed architecture and the character
of the surrounding neighborhood.
(f)
The facility shall provide for adequate environmental
controls to minimize noise, vibration, glare, heat, odor, smoke, dust,
fumes, vapors, gases, air emissions and water effluents, as required
under appropriate and relevant federal and state environmental laws.
(g)
The facility shall include efficient mitigation
of potential adverse environmental impacts as described in the environmental
impact assessment requirements of this section.
(h)
The facility shall not include any building
with a height in excess of 35 feet; provided however, that for every
foot that any building might necessarily be constructed in excess
of 35 feet (exclusive of any exhaust stacks) in order to operate properly
and safely, five additional feet of front, side and rear yard setback
shall be provided, but in no case shall the overall height exceed
50 feet.
(i)
The facility shall not include any exhaust or
other stack with a height in excess of 100 feet, except as required
under United States Environmental Protection Agency (EPA) or other
federal or state regulations and shall provide safeguards and meet
Federal Aviation Administration (FAA) regulations regarding limitations
relative to airport safety and sound engineering practices.
(j)
The facility shall provide adequate storage,
loading and unloading facilities and sufficient paved turning areas
to permit unobstructed maneuvering room for trash, transfer and ash
trucks and shall provide adequate automobile parking as required by
this chapter.
(k)
The facility shall have a contract with a pest
and rodent control company for the regular elimination and control
of rat, flies, vermin and other rodents, insects and pests that might
become vectors for carrying disease.
(l)
No use shall emit odorous gasses or other odorous
matter in such quantities as to be humanly perceptible at or beyond
any point at its lot lines.
(m)
All solid waste facilities shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Department of Environmental Protection.
(n)
Environmental impact assessment required. No
conditional use permit requesting permission to use a property for
the establishment of a solid waste facility shall be approved without
the preparation and filing of an environmental impact assessment in
accordance with the guidelines in Appendix A of this chapter.[5]
[5]
Editor's Note: Appendix A is included at the end of this chapter.
(42)
Trade or commercial school. Trade or commercial
school providing instruction in a trade, in the arts or other activities;
this does not include a public or private school or a day-care center.
(43)
Vehicle sales. The sale and lease of automobiles
by a franchised new car, boat or motorcycle dealership, used car,
boat or motorcycle sales or car, truck, trailer, motorcycle and/or
boat rentals, farm machinery or travel campers.
(a)
All preparation, lubrication, repair or similar
activities shall be accessory to the principal use and shall be conducted
within a building.
(b)
All automobile parts and similar articles shall
be stored within a building.
(c)
Storage or display of automobiles, trucks, boats
and other vehicles for sale shall be placed no closer to the ultimate
street right-of-way line than 25 feet.
(d)
There shall be no more than one access point
into the facility from each street on which the facility has frontage,
unless more than one is specifically permitted by the Board of Supervisors.
(e)
An auto body shop may be included as an accessory
use, incidental and subordinate to the automotive sales, provided
that it meets the regulations of automotive body repair and paint
shop, and provided that it is located at the rear or side of the building
containing the principal use.
(f)
Parking areas for customers and for auto service
must be clearly delineated so as to separate them from auto display
and storage areas.
(44)
Veterinary hospital. A place where animals are
given medical or surgical treatment. Boarding shall be prohibited
except that animals or pets undergoing medical or surgical treatment
if kept must be housed inside. Use of the facility for boarding is
prohibited unless the use regulations for kennel are also met.
(45)
Warehousing and distribution. Terminal facilities
operated for a specific commercial establishment or group of establishments
for the storage of goods and materials.
(46)
Wholesale trade. Establishments primarily engaged
in selling merchandise to retailers, to industrial, commercial, institutional
or professional business users or to other wholesalers and excluding
retail trade to the public.
(47)
Retail and wholesale sale and storage of consumer
fireworks. Consumer fireworks facilities, as defined in this chapter,
exclusively engaged in the sale and storage of consumer fireworks.
[Added 5-16-2007 by Ord. No. 362]
(a)
Such use shall not be located within 250 feet
of any premises selling alcoholic liquors, alcohol, malt or brewed
beverages for consumption on or off the premises.
(b)
Such use shall not be located within 750 feet
of any premises selling gasoline, oil, petrochemicals, propane, combustible
fuels, combustible liquids, combustible gases, fertilizer or any other
flammable products.
(c)
Such use shall not be located within 250 feet
from any other consumer fireworks facility licensed to sell consumer
fireworks.
(d)
Such use shall not be located within 500 feet
of any local or state park.
(e)
Any building containing quantities of consumer
fireworks for sale exceeding 50 pounds shall be no closer than 500
feet to any building, state highway, railway, local street or alley,
or utility right-of-way including, but not limited to, natural gas
line.
(f)
All land development plans for construction,
use or renovation of an existing building for the purpose of selling
consumer fireworks shall be reviewed by the Code Enforcement Officer
for compliance with all required regulations and firesafety codes
including, but not limited to, Title 35, Chapter 13A, of the Pennsylvania
Statutes, the International Fire Code and the Pennsylvania Construction
Code Act, and the comments and/or report of the Code Enforcement Officer
for compliance shall be copied to the Township’s Emergency Management
Coordinator and the official Township-designated fire company.
(g)
No temporary structures including, but not limited
to, tents, canopies, or travel trailers, shall be erected or used
for the sale and/or storage of consumer fireworks at any time.
(h)
Storage of consumer fireworks shall be permitted
only as an accessory use to the sale of consumer fireworks on the
premises.
(i)
No display fireworks shall be stored or located
at a consumer fireworks facility.
(j)
No consumer fireworks or display fireworks shall
be ignited within 300 feet of the consumer fireworks facility.
(k)
An operator of a consumer fireworks facility
must provide a minimum one-million-dollar bond to pay for all damages
which may be caused either to a person or persons, or to property,
by reason of any acts of the operator, operator’s affiliates,
operator’s agents, employees or subcontractors.
(l)
Prior to issuance of a permit by the Township
to approve the commencement of operations, the operator must present
to the Township proof that the operator holds a license from the Pennsylvania
Department of Agriculture to sell consumer fireworks from the consumer
fireworks facility.
A.
An accessory use or accessory structure is permitted
only when there is a legally permitted principal use established on
the property on which the accessory use is to be located.
(1)
Auctions. Auctions as defined in § 200-7 are permitted in any zoning district following issuance of a zoning permit.
(2)
Bed-and-breakfast. The use and occupancy of an existing
single-family detached dwelling shall be permitted by special exception
only for accommodating transient guests for rent subject to the following
additional conditions and restrictions, all of which must be met.
(a)
This use shall be restricted to dwellings which
are listed on the National Register of Historic Places or which are
designated as historic structures by the Board of Supervisors, upon
recommendation by the Township Historic Commission. Dwellings so designated
must be maintained in accordance with the Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings, published by
the Heritage Conservation and Recreation Service, United States Department
of the Interior.
(b)
No more than four persons may occupy one guest
room.
(c)
Minimum floor area. Dwellings with a gross floor
area of less than 3,500 square feet are not eligible for this use.
(d)
Bathrooms. At least one full bathroom shall
be provided for each two guest rooms. At least one additional bathroom
is required for the owner-occupants of the residence which shall not
be used as a guest bathroom.
(e)
No structural additions shall be added to increase
the floor area more than 25% of the gross floor area of the dwelling
so as to be eligible for the bed-and-breakfast use.
(f)
The owners of the property shall be full-time
residents of the property. The use shall be operated by members of
the immediate family which must reside on the premises.
(g)
There shall be no kitchen or cooking facilities
in any guest room.
(h)
Maximum number of guest rooms in any one bed-and-breakfast
facility shall be six rooms.
(i)
The maximum uninterrupted length of stay at
a guest house shall be 14 days.
(j)
The use of any amenities provided by the guest
house such as swimming pool or tennis courts shall be restricted in
use to guests of the establishment.
(k)
The serving of meals shall be restricted to
the guests of the establishment and shall be limited to breakfast
and afternoon tea.
(l)
There shall be no use of show windows or display
or advertising visible outside the premises to attract guests other
than a single, nonilluminated sign which meets the regulations set
forth in this chapter.
(m)
If the facility is served by an on-lot water
supply system and/or an on-lot wastewater disposal system, the applicant
shall demonstrate to the satisfaction of the Bucks County Health Department
and the Board of Supervisors that these on-lot facilities are adequate
to serve the maximum number of guests which could be housed at the
facility at any one time.
(n)
Parking areas shall be screened with a Type IV buffer in accordance with the buffer requirements in Article XVI.
(o)
The bed-and-breakfast may not be used for fee-based
receptions or private parties.
(p)
Upon transfer of ownership the new owners shall
reapply for the bed-and-breakfast use and obtain a new zoning permit.
(3)
Boarding. The keeping of not more than two boarders
as an accessory use in a single-family detached house shall be permitted
provided that the following regulations are met:
(a)
Minimum net lot area: 16,000 square feet.
(b)
No additional rooms may be constructed for this
purpose.
(c)
The roomers, boarders or lodgers shall live
within the principal residential building and not within an accessory
building or structure.
(d)
No separate cooking facilities or dwelling may
be created.
(e)
The owners of the property shall be full-time
residents of the property.
(4)
Accessory farm business.
(a)
ENTERTAINMENT
RETAIL SALES
An accessory farm business is a revenue-generating
venture that is conducted on the land in addition but as an accessory,
related use to the primary business of farming the land, specifically:
The use of the farm for educational tours, seasonal festivals
related to products grown on the farm, craft fairs, hayrides and horse
shows.
The sale of farm and horticultural products and pick-your
own products.
(b)
The following requirements apply to both entertainment
and retail sales farm businesses:
[1]
The purpose of these regulations is to encourage
the continuation of fanning and the preservation of farmland in Lower
Makefield Township by allowing working farmers to market their products
and services directly to the public as an accessory use and in a manner
that is compatible with the residential character of the Township
and with the Comprehensive Plan of the Township which designates certain
areas of the Township for residential and office-research uses and
limits commercial activities and uses to commercial districts.
[2]
This section does not prevent or regulate the
sale of farm produce grown on properties within the Township's Agricultural
Security District where such retail sale is permitted under Pennsylvania
Act 43 which requires that a minimum of 50% of the products sold shall
be grown on the farm on which the retail sale occurs.
[3]
A farm business shall be an accessory use which
is subordinate and clearly incidental to the principal farming use.
If the owner of the land fails to farm more than 50% of the total
tillable acres of the property for two consecutive years, the owner
shall not be permitted to operate any accessory farm business as defined
herein but may continue the wholesale and retail sale of products
raised on the land under Pennsylvania Act 43.
[4]
The owner of the property on which a farm business
use is proposed must live on the property and must operate any farm
business activity directly and may not subcontract to any person or
entity to operate a business on the farm. In the case of joint partnership
or corporate ownership, one of the parties who shall hold at least
51% interest in the ownership of the farm business must live on the
property and operate the farm business.
[5]
All farm businesses shall meet the requirements
for water supply, sewage disposal and rest room facilities of the
Bucks County Health Department and any other agency with jurisdiction.
[6]
The accessory farm business is permitted as
an accessory use only. If any of the conditions to which the use is
subject cease to be met, then the accessory farm business use shall
also cease.
(c)
In addition to complying with Subsections A(4)(b)[1] through [6] above, an accessory farm entertainment use is subject to the following additional requirements:
[1]
Minimum lot area required: 25 contiguous owned
acres.
[2]
The entertainment uses permitted are limited
to: educational tours, seasonal festivals related to products grown
on the farm, craft fairs, hayrides and horse shows.
[3]
Every event permitted by this chapter shall
also comply with the Township's Amusement Ordinance.
[4]
No activity or event or structure used for an
activity or event shall be located within 150 feet of a right-of-way
line or property line, except for parking areas which may be located
within 50 feet of a right-of-way line or property line.
[5]
No entertainment event shall continue past 11:00
p.m.
[6]
No alcohol may be offered for sale or consumed
at any public event.
[7]
[8]
Farm entertainment uses are subject to the following
regulations on frequency and duration:
[a]
Educational tours. An annual permit
is necessary to operate education tours. This permit shall specify
the number of days per year that educational tours will take place
on the farm.
[b]
Halloween hayrides. A permit shall
be required. Halloween hayrides may operate from the last Saturday
in September through the first Sunday in November only.
[c]
Seasonal festivals. A permit shall
be required for each seasonal festival. No more than nine seasonal
festivals shall be permitted per farm per calendar year. A single
festival shall not exceed four days in duration.
[d]
Craft fairs. A permit shall be
required for each craft fair. No more than two craft fairs shall be
permitted per farm per calendar year. The duration of a single craft
fair shall not exceed four days.
[e]
Horse shows. A permit shall be
required for each horse show. No more than one horse show shall be
permitted per farm per calendar year. The duration of a single horse
show shall not exceed four days.
[9]
Parking for farm entertainment uses. Off-street
parking areas shall be provided in designated areas to accommodate
all attendees at any special event, seasonal festival, craft fair,
hayrides or other permitted event. Driveways from public roads to
parking areas shall have a paved apron at the entrance which is a
minimum of 100 feet in length from the edge of paving, as well as
a gravel tire-cleaning area 50 feet in length.
[10]
A traffic control plan must be
submitted to and approved by the Township Police Department prior
to receiving a permit for craft fairs, horse shows, seasonal festivals
or hayrides.
[11]
Access to the farm to be used
for an entertainment use must be from an arterial or collector road.
[12]
Lighting. No permanent outdoor
lighting shall be installed or illuminated for special events, temporary
lighting may be used for special events for the duration of the event
only and may not shine or produce glare on adjacent properties.
[13]
Signs. A total of 32 square feet of sign area shall be permitted. The sign area may be divided into no more than two signs. The signs may be put in place no more than two weeks prior to the event and must be removed within five days of the conclusion of the event. No more than 32 square feet of sign area for the farm entertainment use shall be permitted at any time on any one property. The signs must have a sign permit and shall be subject to all applicable requirements of Article XIX, Signs. No off-premises signs are permitted.
(d)
In addition to complying with Subsections A(4)(b)[1] through [6] above, an accessory farm retail use is subject to the following and is subject to all conditional use requirements. This use is permitted by conditional use only.
[1]
Minimum lot size to be eligible for farm retail
use: 25 contiguous owned acres.
[2]
The products sold shall be limited to food items
and horticultural items.
[a]
Food products include farm products,
baked goods and related specialty food items. There shall be no sale
of tobacco products, newspapers or magazines or other nonedible convenience
items.
[b]
Horticultural items shall be limited
to plant materials, soil amendment products, mulch and hand tools.
No insecticides, herbicides or power tools are permitted to be sold.
[3]
Buildings or structures used for retail sale
of produce or horticultural items shall not exceed the following gross
floor area:
Type
|
Size
| ||||
---|---|---|---|---|---|
Total net site area of farm to which farm retail
is an accessory use (acres)
|
25
|
26 to 50
|
51 to 75
|
Over 76
| |
Maximum gross floor area of building or structure
for retail use (square feet)
|
6,000
|
8,000
|
10,000
|
12,000
|
[4]
All buildings, structures and storage areas
shall be located a minimum of 200 feet from a side or rear property
line and a minimum of 150 feet from the front lot line.
[5]
Parking for accessory farm retail use: one off-street
parking space is required for every 200 square feet of area devoted
to retail sales of items. Driveways from public roads to parking areas
shall have a paved apron at the entrance which is a minimum of 100
feet in length from the edge of paving, as well as a gravel tire-cleaning
area 50 feet in length. Parking areas need not be paved.
[6]
Lighting. Permanent outdoor lighting on the
property shall be permitted only to illuminate the retail sales area
during business hours, the farm residence and buildings used for farming
purposes.
[7]
Signs. One on-premises sign shall be permitted for each farm with a farm retail use which shall not exceed 32 square feet. The signs must have a sign permit and shall be subject to all applicable requirements of Article XIX, Signs. No off-premises signs are permitted.
[8]
The hours of operation of any farm business
that sells retail products to the public shall be limited to 7:00
a.m. until 10:00 p.m.
[9]
An accessory farm retail use shall be permitted
only as a conditional use. In addition to all other conditions imposed
by this section and by the Board of Supervisors, the applicant shall
enter into a written agreement with the Township confirming the limitations
on the use which shall be recorded in the Recorder of Deeds office.
The agreement shall be satisfactory to the Township Solicitor.
[10]
An application for a zoning and
building permit shall be required for the accessory farm retail use.
A site plan bearing the imprint of a licensed surveyor shall be submitted
which shall be drawn to scale showing the dimensions and location
of all existing construction and proposed construction including the
distances to the side and rear property lines. It shall also include
the existing and proposed grading contours, direction of water flow,
swales, floor elevations, floodplain, trees on the lot to be removed
and to remain, the location of all utilities and/or easements, the
impervious surface calculations, the location of all driveway(s) and/or
parking areas(s) and whether or not they are paved with a hard surface
or consist of crushed stone or other material. The application shall
also state the following:
(5)
Garage sales. Garage sales are permitted only in residential
districts and shall be for a period not exceeding three days and shall
be subject to the issuance of a zoning permit. No owner or tenant
of a residence shall be permitted to have a garage sale more than
two times per year.
(6)
Helistop. A helistop is a private facility for landing
and takeoff of helicopters and permitted by special exception as an
accessory use to a permitted use in the C-3 and O-R District subject
to the following conditions:
(a)
No fuel service, maintenance or overhaul facilities
shall be included.
(b)
A minimum landing area of one hundred by one
hundred (100 x 100) feet shall be provided, except for rooftop landing
areas which shall have a minimum landing area of forty by forty (40
x 40) feet.
(c)
All landing areas shall be surrounded by a fence
at least four feet in height.
(d)
The proposed helistop will not adversely affect
adjoining land uses, the safety of nearby residents or employees or
the future growth and development of the area in which it is to be
located.
(e)
The proposed helistop shall be permitted only
as an accessory use to a use permitted in the district in which the
helistop is proposed.
(7)
Home occupation, Class I: home office. Class I home
occupation is defined as a business of a resident who is self-employed
or who may work for another employer or contract or consult with another
company or individual which does not involve any visiting by clients
or patients and which does not use any employees on the premises and
which does not involve any display of merchandise on the property.
It is permitted on the same lot with and clearly incidental to a permitted
dwelling in which the operator of the home occupation resides and
is permitted when in conformance with the following regulations.
(a)
The area devoted to the permitted home occupation
shall be located within either the operator's dwelling or a building
accessory thereto and such area, together with any area devoted to
any other home occupation permitted under this section, shall be equivalent
to not more than 25% of the net floor area contained in the operator's
dwelling, excluding the floor area covered by an attached garage or
such other similar building.
(b)
Persons engaged in a permitted home occupation
shall be limited to the members of the household of the operator residing
on the premises.
(c)
A home occupation shall not in any way alter
the residential character of the neighborhood nor in any way adversely
affect the safe and comfortable enjoyment of the individual property
rights of the neighborhood in which the use is located.
(d)
There shall be no exterior display, no exterior
sign, no exterior storage of materials and no other exterior indication
of the home occupation or variation from the residential character
of the principal building on the premises. There shall be no external
indications that the property is used for other than residential use.
There shall be no commodities sold or services rendered that require
receipt or delivery of merchandise, goods or equipment by other than
passenger motor vehicle or by parcel or letter carrier mail service
using vehicles typically employed in residential deliveries.
(e)
Class I home occupations are permitted by right
in all zoning districts where residences are permitted.
(f)
No zoning permit is required for the Class I
home occupation if all the conditions of this chapter are met.
(g)
Class Ia: home office. A Class Ia home office is one that meets all the standards and criteria for the definition of Class I and all the requirements of Subsections A(7)(a) through (d) above, except that the office employs no more than one person in the office in addition to the residents of the dwelling in which the office is located. A Class Ia Home Office is permitted only where all such conditions are met and only within a single-family detached dwelling and only upon the issuance of a zoning permit for this use.
(8)
Home occupation, Class II: traditional home business.
A Class II home occupation is defined as a traditional home business
of a resident who provides instruction to individual students in music
or art or dressmaking or millinery services or a studio for artists
or photographers where clients come to the studio but which does not
use any outside employees on the premises and which does not exhibit
any external signs that the dwelling is used for business purposes.
It is permitted on the same lot with and clearly incidental to a permitted
dwelling in which the operator of the home occupation resides and
may be permitted in conformance with the following regulations.
(a)
The area devoted to the permitted home occupation
shall be located within either the operator's dwelling or a building
accessory thereto and such area, together with any area devoted to
any other home occupation permitted under this section, shall be equivalent
to not more than 25% of the net floor area contained in the operator's
dwelling, excluding the floor area covered by an attached garage or
such other similar building.
(b)
Persons engaged in a permitted home occupation
shall be limited to the members of the household of the operator residing
on the premises.
(c)
A home occupation shall not in any way alter
the residential character of the neighborhood nor in any way adversely
affect the safe and comfortable enjoyment of the individual property
rights of the neighborhood in which the use is located.
(d)
There shall be no exterior display, no exterior
sign, no exterior storage of materials and no other exterior indication
of the home occupation or variation from the residential character
of the principal building on the premises. There shall be no external
indications that the property is used for other than residential use.
There shall be no commodities sold or services rendered that require
receipt or delivery of merchandise, goods or equipment by other than
passenger motor vehicle or by parcel or letter carrier mail service
using vehicles typically employed in residential deliveries.
(e)
Class II home occupations are permitted by right
in all zoning districts where residences are permitted, subject to
the issuance of a zoning permit.
(9)
Home occupation, Class III: family day-care. A family
day-care home is a facility operated for-profit or not-for-profit
in which child day-care is provided at any one time to four, five
or six children, including relatives of the caregiver and where the
child care areas are part of a family residence wherein the caregiver
resides. If more than six children are to be cared for, the use regulations
for the use, day-care center, shall be met. Family day-care shall
conform with the following additional regulations:
(a)
A family day-care home shall only be permitted
as an accessory use in a single-family detached dwelling located on
a lot having a minimum net area, exclusive of natural resource protected
land, of 16,500 square feet.
(b)
An outdoor play area shall be provided within
the lot with a minimum area of 2,000 square feet not including any
area devoted to parking or impervious surface. The outdoor play area
shall be located in the rear or side yard of the lot and shall be
adequately screened so as to protect the neighborhood from inappropriate
noise and other disturbances. The outdoor play area shall be enclosed
by a fence at least four feet in height which is of a design approved
by the Zoning Hearing Board.
(c)
The Zoning Hearing Board shall include as a
condition of any special exception, that the owner of a family day-care
home shall continue to operate the same with adequate buffering using
a Type IV buffer and shall be obligated to continually protect the
neighborhood from inappropriate noise and other disturbances as a
condition of the special exception.
(d)
The owner and operator of a family day-care
home must obtain a registration certificate from or be licensed by
the Pennsylvania Department of Public Welfare. Failure to maintain
the registration and/or license as required shall result in a termination
of the special exception approving the same, and it shall be the affirmative
obligation of the owner and operator of a family day-care home to
provide, annually, proof to the Township that the registration certificate
and/or license is valid for each year. The proof shall accompany a
form prepared by the Township suitable for the purpose of this subsection
and shall be accompanied by the payment of a fee as determined, from
time to time, by resolution of the Board of Supervisors.[2]
[2]
Editor's Note: See Ch. A 205, Fees.
(e)
A family day-care home must be located in a
residence which has frontage on a public street and the operation
of the family day-care home must be conducted in a manner so as not
to obstruct the normal flow of traffic. Where necessary to provide
for safe transfer of children to and from the facility, the Zoning
Hearing Board may require additional off-street parking and/or driveway
area as a condition of the grant of any special exception.
(f)
The area devoted to the family day-care facility
shall be located within either the operator's dwelling or a building
accessory thereto and such area, together with any area devoted to
any other home occupation permitted under this section, shall be equivalent
to not more than 25% of the net floor area covered by the operator's
dwelling, excluding the floor area covered by an attached garage or
such other similar building.
(g)
Persons engaged in a permitted home occupation
shall be limited to the members of the household of the operator residing
on the premises and not more than one employee, assistant or associate
not residing on the premises.
(h)
A Class III home occupation shall not alter
the residential character of the neighborhood nor adversely affect
the safe and comfortable enjoyment of the individual property rights
of the neighborhood in which the use is located.
(i)
There shall be no exterior display, no exterior
sign, no exterior storage of materials or variation from the residential
character of the principal building on the premises. There shall be
no commodities sold or services rendered that require receipt or delivery
of merchandise, goods or equipment by other than passenger motor vehicle
or by parcel or letter carrier mail service using vehicles typically
employed in residential deliveries.
(j)
A Class III home occupation shall be permitted
only as a special exception.
(10)
Home occupation, Class IV: accessory office.
Accessory office of a professional, including a physician, dentist,
lawyer, engineer, architect, accountant or other profession of the
same character may be permitted provided that the following requirements
are met:
(a)
Minimum net lot area: one acre.
(b)
The floor area devoted to the accessory office
shall be located within either the operator's dwelling or a building
accessory thereto and such area, together with any area devoted to
any other home occupation permitted under this section, shall be equivalent
to not more than 25% of the total floor area covered by the operator's
dwelling, excluding the floor area covered by an attached garage or
such other similar building.
(c)
Persons engaged in a permitted Class IV home
occupation shall be limited to members of the household of the practitioners
residing on the premises and no more than two additional employees
who need not be residents of the household in which the office is
located.
(d)
An accessory office shall not in any way alter
the residential character of the neighborhood nor in any way adversely
affect the safe and comfortable enjoyment of the individual property
rights of the neighborhood in which the use is located.
(e)
There shall be no exterior display, exterior sign (except as permitted by Article XIX), exterior storage of materials, nor any other exterior indication of the accessory office or variation from the residential character of the principal building on the premises.
(f)
To be eligible for a Class IV home occupation
the residence in which it is to be located must have frontage on an
arterial or collector road.
(g)
A minimum of three off-street parking spaces in addition to spaces otherwise required for the residence shall be provided; however, there shall be no more than six off-street spaces on a single lot for the residence and the accessory office combined. Parking spaces must be located to the side or to the rear of the principal residence and must be separated from adjoining properties by a Type IV planted buffer in accordance with Article XVI of this chapter.
(h)
There shall be no commodities sold or services
rendered that require receipt or delivery of merchandise, goods or
equipment by other than passenger motor vehicle or by parcel or letter
carrier mail service using vehicles typically employed in residential
deliveries.
(i)
A Class IV home occupation shall not be interpreted
to include any of the following:
(j)
This use is permitted only by special exception.
(11)
Livestock in residential districts. Livestock
shall be permitted on residential properties in accordance with the
following regulations:
(12)
Nonresidential accessory building, structure or fence. Accessory building, structure or uses customarily incidental to the uses permitted in HC, C-1, C-2, C-3 and O-R Districts are permitted in connection with such uses, except outside storage, which is subject to the regulation in Subsection A(13), Outside storage. Fences on lots used for nonresidential purposes. Fences and walls may be erected in the front, rear or side yard or in a special setback required by § 200-63, subject to the following provisions and with the exception that no fence or walls shall be located within any public right-of-way, easement, buffer easement or required sight triangle. The maximum permitted height of any fence shall be eight feet.
(13)
Outside storage. Outside storage, other than
storage as a primary use of the land in the HC, C-1, C-2, C-3 and
O-R Districts necessary but incidental to the normal operation of
a primary use, subject to the following provisions:
(a)
No part of the street right-of-way, no sidewalks
or other areas intended or designed for pedestrian uses, no required
parking areas or no part of the required front yard shall be occupied
by outside storage.
(b)
Outside storage areas shall occupy an area of
less than 1/2 the existing building coverage.
(14)
Residential accessory buildings, structures
and fences.
(a)
A residential accessory building incidental
to the uses permitted in R-RP, R-1, R-2, R-3, R-3M and R-4 Districts
shall be located only in the fourth of the lot farthest removed from
the abutting streets. In no case shall they be located less than 10
feet from any side or rear lot lines. The heights of the accessory
buildings shall not exceed 15 feet.
(b)
A garage or carport which is connected to a
main building by a breezeway or similar structure shall be considered
a structural part of the principal building and shall comply with
all the yard requirements for the district within which it is located.
(c)
Fences and walls. Fences and walls may be erected in the front, rear or side yard or in a special setback required by § 200-63, subject to the following provisions and with the exception that no fence or walls shall be located within any public right-of-way, easement (except for a buffer easement) or required sight triangle. The maximum permitted height of any fence or wall located in a rear or side yard or in a special setback shall be seven feet, except when the fence surrounds a tennis court, in which case the maximum height shall be 10 feet. The maximum permitted height of any fence or wall in a front yard shall be three feet. For a corner lot, the height of the fence in the front yard located to the side and rear of the house may be increased to seven feet provided it is set back from the right-of-way line by a distance of three feet for each foot in height that the fence exceeds three feet. Spite fences are prohibited.
[Amended 10-3-2018 by Ord. No. 414]
(15)
Temporary structure. A temporary permit shall
be required for all temporary structures or uses necessary during
construction or other special circumstances of a nonrecurring nature.
No more than one trailer for construction purposes shall be permitted
unless specifically allowed by the development agreement for the construction.
Such structure or use shall be removed completely within 30 days of
the expiration of the period without cost to the Township.
(16)
Vending and service machines; newspaper and
sales material vending machines.
[Amended 5-18-1998 by Ord. No. 316]
(a)
Vending and service machines. Vending and service
machines are permitted as accessory uses in all zoning districts,
subject to the following regulations:
[2]
Service machines shall be permitted in commercial
districts accessory to all primary uses and in residential districts
accessory to multiple-family dwellings, nursing homes and other group
dwellings only.
[3]
Outdoor service machines shall not be permitted
in any district.
[4]
Except as permitted in Subsection A(16)(b) below, outdoor vending machines shall be permitted only in commercial districts and then shall be limited to two such machines per authorized principal use. A permit shall be required for all such machines to be located outside of an enclosed building.
[5]
Vending machines as a principal use are not
permitted in any district; service machines as a principal use are
permitted only in C-1 Districts.
(b)
Newspaper and sales material vending machines.
Newspaper and sales material vending machines may be located in any
district in the Township subject to the following conditions:
[1]
A permit shall be required for each vending
machine to be located outside an enclosed building. Permit fees shall
be established by the Board of Supervisors from time to time and the
permit shall require the applicant, as a condition of the issuance
of the permit, to provide financial security so as to guarantee the
removal of the vending machine and concrete pad upon abandonment of
the site.
[2]
The machine shall be secured to a concrete pad
or other suitable permanent and secure base, but the method of securing
the machine shall not include a chain.
[3]
The machine shall be located a minimum of 10
feet from the edge of cartway and shall not be located so as to interfere
with clear sight distance and/or the safe flow of vehicular traffic.
No such machine shall be located at a point where persons must go
onto an unimproved shoulder of the road or leave the edge of the cartway
for the purpose of parking and making use of the machine.
[4]
The machine shall not be located within any
parking area that is needed to meet parking requirements.
[5]
The machine shall not interfere with safe pedestrian
flow or access.
[6]
The machine must be properly maintained so that
it is secured to its pad, operating properly and free of debris, graffiti
and vandalism.
[7]
No machine shall be placed on private property
in residential zoning districts and no machine shall be placed on
private property elsewhere in the Township without first securing
the written approval of the property owner wherein the machine is
to be placed.
[8]
No machine shall be placed on any public property
without first securing the written permission of the public entity
where the machine is sought to be placed.
[9]
The machine shall not include any secondary
advertising other than advertising the newspaper or other publication
contained within the machine.
A.
A private swimming pool and fence accessory thereto
may be erected in a rear yard, side yard or special setback in any
residential district as an accessory structure to a single-family
detached dwelling only, provided that it complies with the following
conditions:
(1)
The pool shall be located at least 10 feet from the
rear or side property line and 10 feet from any portion of the building.
It shall be located at least 60 feet from the right-of-way line of
any collector road in the Township and at least 80 feet from the right-of-way
line of any arterial road in the Township.
(2)
It shall be suitably designed and located so as not
to become a nuisance or hazard to adjoining property owners or the
public. Outdoor lights, if used, shall be shielded and not reflected
toward adjacent residential properties.
(3)
Provision shall be made for drainage of the pool and
backwash water disposal. The use of open fields, lawns or dry wells
shall be permitted for this purpose, provided that they meet the requirements
of the Pennsylvania Department of Health. Water shall not be emptied
onto public roads or adjoining land belonging to others or into the
public sanitary sewer system.
(4)
Fence enclosures for swimming pools are required to meet the requirements
of the Pennsylvania Uniform Construction Code, as amended.
[Amended 10-3-2018 by Ord. No. 414]
B.
Private aboveground swimming pools. Aboveground swimming
pools having a depth of three feet or more may be erected provided
they comply with the existing setback regulations and meet the following
additional regulations.
(1)
A deck or walkway at least two feet in width, measured
from the exterior edge of the pool shall be installed.
(2)
A fence at the exterior edge of the deck shall be
erected so that the total height from the ground to the top of the
fence shall not be less than five feet. The fence shall be constructed
in such a manner that no openings or spaces shall exist which are
greater than four inches in width. The distance between the bottom
of the fence and the deck or walkway shall not be greater than two
inches.
(3)
The fencing shall be equipped with a gate which shall
have a locking device to permit the pool to be locked and secured
when not in use.
Pools of restrictive size (commonly known as
"hot tubs") are permitted on all private lots, provided that the following
regulations are followed:
A.
The pool shall be located either entirely within the
house or, if located outside, is located within an enclosed patio.
The patio shall be fully enclosed by the rear wall of the housing
unit and the common walls with adjoining units and/or a wall or fence
along the rear and/or side of the patio. The height of the walls or
fences shall not be less than five feet or the height of the walls
and/or fences designed throughout the development, whichever is higher.
[Amended 10-21-1996 by Ord. No. 305]
B.
The pool may be located anywhere within the enclosed
patio, either below-ground, at grade, or above the ground, provided
that the level of the water surface is at least two feet below the
height of the shortest wall or fence enclosing the patio.
C.
The area covered by the pool and any of the framing,
decking, pump and filtering system or related structures and equipment
shall not exceed 40% of the area of the enclosed patio.
D.
The pool shall be required to have a cover, capable
of being locked, for the purposes of safety and to cover the water
surfaces during the off-season or such other periods of nonuse.
E.
The pool cover shall be required to be locked when
not in use.
No property owner or person shall construct
facilities or drains or otherwise cause water from swimming pools
or sump pumps to be discharged onto a public highway right-of-way
or discharged at such a point or in such a way that the water flows
onto a public road causing a safety hazard or nuisance.