Township of North Coventry, PA Article X Supplemental Use Regulations

§ 370-35 Applicability.

A. This article establishes supplemental controls for uses requiring special design considerations to ensure compatibility with other uses permitted within a zoning district. The following regulations shall apply to all zoning districts in which the particular use being regulated is permitted. The provisions of this article shall be in addition to the standards established by the applicable zoning district, conditional use or special exception procedures where applicable, and any applicable section of this or other code or ordinance.

B. Uses specifically regulated in this article include the following:

	§ 370-36	Accessory use
	§ 370-37	Accessory building or structure
	§ 370-38	Adaptive reuse of an existing structure
	§ 370-39	Adult commercial use
	§ 370-40	Agriculture
	§ 370-41	Animal hospital/veterinary office/kennel/shelter
	§ 370-34	Antenna - radio/television/commercial communication
	§ 370-42	Automobile service station or repair facility/gas station/car wash
	§ 370-43	Banking or financial institution
	§ 370-44	Bed-and-breakfast
	§ 370-45	Cemetery
	§ 370-46	Club or lodge
	§ 370-47	Commercial day-care center
	§ 370-48	Convenience store
	§ 370-49	Educational use/commercial school
	§ 370-50	Home occupation
	§ 370-51	Hospital
	§ 370-52	Hotel/motel/resort
	§ 370-53	Industrial or office park
	§ 370-54	Junkyard
	§ 370-55	Mini-warehouse
	§ 370-56	Mixed use proposal
	§ 370-57	Mobile home park
	§ 370-58	Multifamily or townhouse development
	§ 370-59	Nursing or convalescent home
	§ 370-60	Shopping center/highway commercial development
	§ 370-61	Quarrying/mining
	§ 370-62	Recreation (indoor/outdoor commercial facilities)
	§ 370-63	Recycling center
	§ 370-64	Residential conversion
	§ 370-65	Restaurant, fast-food
	§ 370-66	Retirement community
	§ 370-67	Sanitary landfill
	§ 370-68	Temporary structure or use
	§ 370-69	Transfer station
	§ 370-70	Transitional housing

§ 370-36 Accessory use.

Accessory uses shall be permitted when in accordance with the standards set forth below:

A. Uses accessory to agriculture. The following uses shall be permitted when incidental and subordinate to an agricultural use and when located on the same lot or tract as the principal use:

(1) Storage of farm products and farm machinery.

(2) Barns, stables, and silos sheltering livestock, poultry and farm products.

(3) Preparation of agricultural products produced on the premises.

(4) Sale of agricultural products in accordance with § 370-40D.

(5) Signs identifying the name of a farm in accordance with Article XIII.

(6) Secondary farm family business.

(a) A maximum of three employees shall be permitted in conjunction with the secondary farm business in addition to family members or farm laborers employed in the primary farm business.

(b) Secondary farm family businesses may include, but are not limited to the following:

[1] Sales of seeds, chemicals and fertilizers;

[2] Facilities for the manufacturing, sales, repair, and service of agriculturally related equipment and supplies;

[3] Custom work;

[4] Blacksmith or farrier shop;

[5] Cattle and grain hauling;

[6] Butcher shops;

[7] Grain mills or portable grinding mills;

[8] Processing of locally produced agricultural products;

[9] Veterinary offices which primarily serve farm animals, stables, and supplies;

[10] Manufacturing and sale of crafts;

[11] Manufacturing of household articles, such as chairs, cabinets, clocks, and similar carpentry type articles for use in the home;

[12] Other uses of similar character to those listed above.

(7) Personal use airport. A personal use airport may be allowed as a use accessory to agriculture in the RC District and the RR District if the following criteria are met:

(a) A minimum gross lot size of 10 acres shall be required.

[Amended 2-26-2007]

(b) The use shall meet the minimum safety standards for licensing by the Commonwealth of Pennsylvania and have obtained a satisfactory air space decision from the Federal Aviation Administration (FAA). Evidence of such approvals shall be submitted to the Township by the applicant.

(c) The use shall meet the following setback requirements:

[1] The ends of the runway shall be set back a minimum of 500 feet from public street rights-of-way.

[2] The ends of the runway shall be set back a minimum of 300 feet from adjacent property lines.

[3] The sides of the runway shall be set back a minimum of 300 feet from adjacent property lines and public street rights-of-way.

(d) The applicant shall submit plans showing all structures and trees over 100 feet in height located within 1,000 feet of the runway and all structures and trees over 50 feet in height located within 500 feet of the runway. A written plan for avoiding these areas now and in the future shall also be submitted.

(e) The applicant shall submit a plan for controlling unnecessary noise over populated areas and addressing the potential for runway over-runs and short landings.

(f) Operation shall be limited to daylight hours.

(g) The accessory use must be approved through the conditional use process described in § 370-138. The Board of Supervisors may impose reasonable limits on the number, type, and use of aircraft on the site and the hours of operation.

B. Uses accessory to residential. The following uses shall be permitted when incidental and subordinate to an existing residential use, and when located on the same lot or tract as the principal use:

(1) Private garage, off-street parking or driveway.

(2) Private swimming pool, bathhouse, tennis court or other recreation facility.

(3) Private greenhouse, solar collection system or other alternative energy system.

(4) Home occupation, where permitted, in accordance with § 370-50.

(5) Patio, deck, shed, or gazebo for passive outdoor use.

(6) Keeping of farm animals and poultry as pets within the RC District, RR District and the R-1 District subject to the following provisions:

(a) The lot housing large animals of 600 pounds or more shall have a minimum gross lot area of five acres.

[Amended 2-26-2007]

(b) Such lots shall not have more than one large animal per two acres of gross lot area.

[Added 2-26-2007]

(c) Lots housing small farm animals or poultry except for chickens shall have a minimum gross lot area of two acres; such lots shall not have more than eight small animals.

[Amended 2-26-2007; 2-12-2018 by Ord. No. 148]

(d) Stables and shelters shall be set back at least 100 feet from any property line. Uncovered manure storage shall be located at least 100 feet from any lot line or stream. No manure may be stored within a swale or drainageway, nor located so as to drain onto adjacent land.

(7) Garage or yard sales. Garage or yard sales shall be subject to the following provisions:

(a) Such uses shall be limited to occurrences of not more than four times within one calendar year. There shall be at least a thirty-day period between such occurrences and each occurrence shall last no more than four consecutive days.

(b) Signs advertising garage or yard sales shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than two off-premises signs shall be permitted to advertise the sale. Such signs shall only be placed with the permission of the applicable property owners.

(8) Parking or storage of commercial vehicles.

(a) The outside, nightly parking or storage of commercial vehicles shall be limited to one vehicle, not to exceed 11,000 pounds gross vehicle weight rating (gvwr). In no case shall the vehicle height, whether with or without cargo, be in excess of seven feet above finished grade. (See also § 370-76B.)

(b) One additional commercial vehicle shall be permitted if parked inside a garage, an enclosed structure, or a parking space screened from view at the street or property line.

(9) Flagpole.

(10) Private antenna or microwave dish, in accordance with § 370-34.

(11) Signs associated with the occupants of a residence and home occupation, in accordance with Article XIII.

(12) A personal use airport may be allowed as a residential accessory use in the RC and RR districts if such use can meet the criteria of § 370-36A(7).

C. Uses accessory to commercial and industrial. The following uses shall be permitted when incidental and subordinate to an existing commercial use, and when located on the same lot or tract as the principal use:

(1) Off-street parking facilities, in accordance with Article XII.

(2) Storage of materials, in accordance with § 370-76, Outdoor storage.

(3) Signs in accordance with Article XIII.

(4) Day care may be permitted in conjunction with a commercial, office, or industrial use if the applicable requirements of § 370-47 are met.

(5) A helistop may be allowed as an accessory use in the I-1 and I-2 Industrial districts or as an accessory use to a hospital if the following criteria are met:

(a) The gross tract size for the primary use shall be a minimum of 10 acres.

[Amended 2-26-2007]

(b) The setback between the landing pad and all property lines shall be a minimum of 500 feet.

(c) The use shall meet the minimum safety standards for licensing by the Commonwealth of Pennsylvania and have obtained a satisfactory air space decision from the Federal Aviation Administration (FAA). Evidence of such approvals shall be submitted to the Township by the applicant.

(d) The accessory use must be approved through the special exception process described in § 370-149.

D. Temporary shelter accessory uses. A building or part thereof situate on property in the RC, RR, R-1, TC-1, TC-2, V-1, or V-2 Zoning District may be utilized as a temporary shelter by special exception subject to the following requirements:

[Added 12-28-2009]

(1) The owner of a property on which a temporary shelter use is proposed must obtain special exception approval prior to such use in accordance with the provisions of this Subsection D and those provisions set forth in § 370-149.

(a) The property owner and/or operator of a temporary shelter use shall be required to demonstrate adequate means and resources to conduct a temporary shelter event and provide to the Township proof that adequate and appropriate property and liability insurance has been established for such use prior to obtaining special exception relief. The property owner and/or operator of a temporary shelter use shall provide the Township with his/her/its emergency contact information.

(b) The building or part thereof in which a temporary shelter use is proposed must comply with all applicable codes, as defined by § 141-1, including, but not limited to, the current Township International Fire Code. The applicant shall have an inspection for code compliance and a report given to the Zoning Hearing Board and the Township at least three weeks prior to the hearing on the application.

(c) The maximum permitted occupancy of the building or part thereof in which the temporary shelter is proposed shall be established during the special exception proceedings and conspicuously posted near the primary exit. The number of supervisors and occupants shall not exceed the maximum permitted occupancy of the building or part thereof in which the temporary shelter is proposed as determined by utilizing Table 1004.1.1 of the 2006 International Fire Code (considering the function as a dormitory), as may be amended.

(d) Special exception approval shall require the property owner to annually obtain a use and occupancy permit for any temporary shelter use. Such use and occupancy permit is required prior to use of a facility for such use.

(e) The property owner shall establish appropriate rules of conduct for guests of the temporary shelter that shall be approved in the special exception proceedings. The rules of conduct shall include prohibition of the possession and use of illicit drugs, alcohol and weapons and shall include mandatory sanctions for noncompliance.

(2) There shall be no cooking for the occupants of the temporary shelter unless there has been compliance with all health, building and fire code regulations and a use and occupancy permit, temporary or otherwise, that provides for cooking has been obtained.

(3) The property owner and/or operator of a temporary shelter shall notify the Township Zoning Officer and the Township Police Department in writing at least three days before any evening on which the temporary shelter use is to be utilized.

(4) The property owner and/or operator shall provide supervision of the occupants of the temporary shelter. No less than one supervisor per each group of 15 occupants, or portion thereof, shall be required. Such supervisors shall be at least 18 years of age, shall be trained in first aid and in the use of fire extinguishers, and shall be required to be on site and awake during the temporary shelter use.

(5) No building shall be utilized as a temporary shelter more than 30 days during any calendar year, with at least one month intervening between uses, including a use in a succeeding calendar year.

(6) The temporary shelter use shall be used and provide shelter during overnight hours only between 10:00 p.m. and 8:00 a.m.

(7) The property owner shall post a floor diagram of the portion of the building being utilized for the temporary shelter showing the routes and locations of exits. The floor diagram and exit locations shall be reviewed nightly with the shelter occupants.

(8) The property owner and/or operator of the temporary shelter shall maintain a daily log setting forth the names of the supervisors referenced above together with the number and names of all of the individuals occupying the temporary shelter on a particular evening. The daily log shall be provided by the property owner and/or operator of the temporary shelter to the first responders in the event of an emergency at the facilities. The log shall be kept on file for one year.

(9) To the extent that occupants of the temporary shelter are bused or otherwise transported to the property for the temporary shelter use, such occupants shall be either provided with transportation every morning to such location where the occupants can obtain their meals or returned on the following morning to the point from which they were bused or transported to the temporary shelter.

(10) Nothing herein shall be construed to limit the ability to provide emergency management relief as provided under the Federal Emergency Management Act.

§ 370-37 Accessory building or structure.

Accessory buildings or structures shall be permitted when in accordance with the standards set forth below:

A. Accessory buildings and structures shall be located, erected and maintained in side or rear yard areas only, and shall never be located in front yards. Minimum setbacks for buildings and structures shall be dependent upon the type of activity proposed as follows:

(1) Structures to serve active uses. Those structures serving such active uses as swimming, tennis, and riding rings shall not be located within the required minimum yard setbacks and in no case shall be set back less than 25 feet from side or rear property lines.

(2) Structures to serve passive uses. Except as noted in Subsection A(3) and (4) below, those structures serving such passive uses as storage sheds, pet shelters greenhouses, and playground equipment shall be set back a minimum of 25 feet from side and rear yards in the RR and RC Zoning Districts, and set back a minimum of 10 feet in all other districts.

(3) Structures housing large animals shall comply with the standards of § 370-36B(6) and shall, in no case, be located within the required yard areas of the applicable district.

(4) Any accessory building with a ground floor area exceeding 500 square feet, whether used for active or passive uses, shall conform to the setback requirements for the principal structure.

B. Neither the side nor rear yard shall have more than 20% of its area covered by accessory buildings and structures.

§ 370-38 Adaptive reuse of an existing structure.

The adaptive reuse of an existing structure shall be permitted when specifically listed as a permitted use in the base zoning district and when in accordance with the standards set forth below:

A. General criteria.

(1) The adaptive reuse of an existing structure shall comply with the use requirements of the applicable zoning district. Area and bulk requirements may be modified through the special exception or conditional use process, as applicable, where the applicant has demonstrated sensitive restoration, including preservation of facades, rehabilitation using materials and design authentic and appropriate to the architecture, and preservation of the building mass as it appears from all public rights-of-way.

(2) Every effort shall be made to maintain or restore the building or structure to its original architectural style and bulk. Additions shall complement the existing architectural style and bulk of the structure and require approval by the Board.

(3) Additional entrances, when required, shall be placed on the side or rear of the building to avoid disruption of the facade.

(4) The proposed use shall be made compatible with the adjacent properties and surrounding neighborhood.

(5) Removal or alteration of distinctive stylistic and architectural features of the structure which contribute to the character of the surrounding neighborhood shall be avoided.

(6) Deteriorated architectural features which contribute to the character of the neighborhood shall be repaired rather than replaced. In the event the applicant can demonstrate that replacement is necessary, the new material shall match the material being replaced in composition, color, design, texture, and other visual qualities.

(7) The building proposed for adaptive reuse shall have suitable access to an arterial or collector road as identified in the North Coventry Township Comprehensive Plan. Suitable access shall consist of adequate sight distance from the access point of the required off-street parking area as per PennDOT standards, and facilities for safe pedestrian access (e.g., sidewalks, designated pedestrian crossings).

(8) An application for adaptive reuse shall be accompanied by the following information:

(a) A floor plan and proposed revisions and modifications to the interior and exterior of the existing structure(s).

(b) Information required by § 370-84, Information requirements for conditional use or special exception proposals, as it applies to the proposed adaptive reuse.

(c) Where applicable, the submission shall include information required by and indicating compliance with requirements of § 370-32, Historic Preservation Overlay District.

(9) Unless clearly impractical or inappropriate, additional parking needed for adaptive reuse projects shall be located to the rear of the structure or where such parking is least visible from public streets and rights-of-way.

B. Adaptive reuse standards. The following standards and criteria shall govern the design and review procedures for the adaptive reuse of buildings for which special exception or conditional use approval is sought in accordance with the base zone of this chapter:

(1) Permitted adaptive reuse opportunities. Unless such uses are otherwise restricted in the base zoning district, the following uses shall be permitted as an adaptive reuse project:

(a) Professional office uses limited to: architects, physicians, engineers, lawyers, realtors, tax consultants, and similar professional-type businesses.

(b) Neighborhood commercial uses, limited to the following:

[1] Retail businesses for the sale of food, drugs, flowers, household goods, newspapers, stationary, art supplies, fine art, tobacco and similar businesses.

[2] Personal service uses limited to barber or beauty shops, tailor shop, photographic studios, shoe repair, and similar types of businesses.

(c) Public use, including a library, museum or park facility.

(d) Club or lodge, subject to the provisions of § 370-46.

(e) Bed-and-breakfast facility, subject to the provisions of § 370-44.

(f) Religious use, including church and parish house.

(2) Area and bulk standards. The area and bulk standards for the base zoning district shall apply to the adaptive reuse of existing structures with the following exceptions or unless otherwise approved through the special exception or conditional use review process:

(a) Gross usable floor area. The gross usable floor area of all uses allowed by § 370-38B(1) shall not exceed 2,500 square feet.

(b) Lot coverage. Not more than 40% of the area of a lot may be occupied by buildings, paving, and other impervious surfaces.

(c) Setbacks. The paving of required off-street parking areas may extend into the required yard areas of the base zoning district, provided that the parking areas are screened in accordance with § 370-80 and that the off-street parking shall be separated from lot lines by at least 1/2 the required setback of the base zoning district.

§ 370-39 Adult commercial use.

Adult commercial uses shall be permitted when in accordance with the following standards:

A. The following location standards shall be met:

(1) Adult commercial uses shall be located a minimum of 1,000 feet from another existing adult commercial use.

(2) Adult commercial uses shall be located a minimum of 500 feet from any residential zoning district, church, school, day-care facility, or public playground or park.

B. Signs and visible messages based on the allowable sign area within the applicable zoning district shall be permitted, provided:

(1) Sign messages shall be limited to verbal description of materials or services available on the premises.

(2) Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

(3) Messages which are visible or intended to be visible from outside the property, such as on or within doors or windows, shall not display materials, items, publications, pictures, films or printed material available on the premises.

C. Adult commercial uses shall require application for a conditional use permit from the Board of Supervisors prior to commencement of operation. Application for such a conditional use permit shall consist of:

(1) Information as required by § 370-84, Information requirements for conditional use or special exception.

(2) A description of the premises for which the permit is sought.

(3) A statement of the intended use(s).

(4) Hours of operation.

(5) Type, size and location of proposed sign(s).

D. Should any adult commercial use cease or discontinue operation for a period of 90 or more consecutive days, it shall not resume, nor may it be replaced by another adult commercial use unless said use complies with all the requirements of this section.

E. Nothing in this chapter shall be deemed to allow any uses that are "obscene" as that term has been interpreted from time to time by the courts of the United States or the Commonwealth of Pennsylvania.

§ 370-40 Agriculture.

A. General requirements.

(1) Except for a dwelling, no barn or other agricultural-related structure shall be constructed closer than 50 feet to any lot boundary or closer than 100 feet to an existing dwelling other than that of the property owner.

(2) Lots shall be graded so that animal wastes are confined, stored or disposed of within the lot on which they originate, and are not directed to the Flood Plain Conservation District, stream, or other body of water.

(3) All pasture areas shall be fenced.

B. Nonintensive agricultural uses. Nonintensive agricultural uses and customary buildings associated with nonintensive agricultural uses shall be permitted when in accordance with the following standards:

(1) The minimum gross lot area for nonintensive agricultural uses shall be five acres.

[Amended 2-26-2007]

(2) The keeping of animals, exclusive of customary household pets and large domestic animals kept as pets [see § 370-36B(6)] shall not be permitted except on property qualifying for agricultural use in accordance with the provisions of this section. The keeping of farm animals, to be maintained for the private, noncommercial use of the individual property owner, shall not be permitted on lots of less than five acres in gross lot area.

[Amended 2-26-2007]

(3) No slaughtering operations for commercial purposes shall be permitted.

(4) Commercial piggeries shall not be permitted as part of a nonintensive agricultural use.

C. Intensive agricultural uses. Intensive agricultural uses and customary buildings associated with intensive agricultural activities shall be permitted when in accordance with the following standards:

(1) The minimum gross lot area for intensive agricultural uses shall be 10 acres.

[Amended 2-26-2007]

(2) Agricultural buildings or structures housing mushrooms, poultry, hogs, or other livestock; accessory mushroom composting; feed lots; or other odor or dust producing activities shall be set back a minimum of 200 feet from any lot boundary or stream.

(3) Land area used for feed lots shall be fenced and shall be graded so that animal wastes and surface runoff are confined to the lot on which they originate, and are not directed to the Floodplain Conservation District, streams, or other bodies of water.

D. Sale of agricultural products. The display and sale of agricultural products shall be permitted from a permanent building or from a temporary stand dismantled and removed at the end of the growing season provided that:

(1) At least 50% of agricultural products displayed for sale shall be produced on the agricultural land contiguous to said building. Agricultural sales shall clearly be subordinate to the principal agricultural uses.

(2) Such stand or building shall be located a minimum of 30 feet from any street right-of-way line.

(3) A minimum of three parking spaces, or one space for each 300 square feet of building floor area, whichever shall be greater, shall be provided behind the street right-of-way line.

(4) Any sales, display or parking area shall be at least 75 feet from a side or rear yard lot line.

(5) Signs associated with the sale of farm products shall conform to the sign regulations under Article XIII.

§ 370-41 Animal hospital, veterinary office, kennel or animal shelter.

An animal hospital, veterinary office, kennel, or animal shelter shall be permitted when in accordance with the following standards:

A. The minimum net area shall be two acres for each animal hospital, veterinarian office, animal shelter or kennel.

[Amended 2-26-2007]

B. Each animal hospital, animal shelter, or kennel shall have all outdoor exercise yards entirely fenced to prevent animals from leaving the property. Exercise yards shall be set back a minimum of 100 feet from front, side, and rear lot lines. All accessory buildings and structures shall be set back a minimum of 25 feet from rear and side property lines.

C. The sale of related products shall remain accessory to the kennel, and shall occupy no more than 25% of the floor area of the principal building.

D. There shall be no outdoor storage of materials unless screened from adjoining properties in accordance with § 370-76, Outdoor storage.[1]

[1] Editor's Note: Former § 1007, Antenna; radio/television/commercial communications, which immediately followed this subsection, was repealed 5-23-2005. See now § 370-34.

§ 370-42 Automobile service station or repair facility/gas station/car wash.

Such uses shall be permitted when in accordance with the following standards:

A. A minimum lot width of not less than 200 feet shall be provided along each street on which access is proposed. This requirement shall not apply to facilities solely providing repair services, in which case the required lot width of the underlying district shall apply.

B. Access shall be set back at least 40 feet from the intersection of any street.

C. Fuel pumps shall be at least 25 feet from any street right-of-way.

D. All automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.

E. All automotive repair or service activities, except those performed at fuel pumps, shall take place within a completely enclosed building.

F. Vehicles waiting for repairs shall not be stored outdoors for more than 10 days. Junk vehicles may not be stored in the open at any time.

G. Parking and stacking spaces shall be provided in accordance with the requirements of Article XII, Off-Street Parking and Loading Provisions.

§ 370-43 Banking or other financial institution with drive-through service windows or drive-through automated teller.

Such uses, when proposed in conjunction with a drive-through service window or automated teller, shall be permitted when in accordance with the following standards:

A. The use shall have direct access to a collector or arterial street as defined by the Township Comprehensive Plan, as amended.

B. There shall be no more than one point of ingress and one point of egress to each street on which the lot abuts.

C. The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

D. Drive-through windows or automated tellers shall have a vehicle stacking lane which can accommodate a minimum of six cars. The stacking lane shall not be used for parking lot circulation aisles nor shall it conflict in any way with circulation or parking patterns.

§ 370-44 Bed-and-breakfast.

A bed-and-breakfast shall be permitted when in accordance with the following standards:

A. The bed-and-breakfast shall remain incidental and secondary to the principal use of the building as a dwelling. A bed-and-breakfast shall be permitted only in a single-family detached dwelling.

B. The operator of a bed-and-breakfast shall reside in the dwelling house of said facility. Nonresident employees shall be restricted to two in addition to the resident members of the family.

C. A maximum of eight bedrooms shall be devoted to the bed-and-breakfast use.

D. Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by another governmental agency. Fire escapes, external stairways, or additional external doors shall be located either to the side or rear of the residence.

E. There shall be no separate cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and eating facilities shall be open only to guests.

F. When located within 100 feet of a residential use, active outdoor recreation amenities, such as a swimming pool or tennis court, shall be limited to the hours of 9:00 a.m. to 10:00 p.m.

G. Where an on-lot sewage disposal system is to be used, the application for the use shall be accompanied by a valid Chester County Health Department permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the existing system fail.

H. Adequate lighting and off-street parking shall be provided in accordance with Article XI, Common Regulations, and Article XII, Off-Street Parking and Loading.

I. Signs associated with the bed-and-breakfast facility shall be in accord with Article XIII, Signs.

J. Bed-and-breakfast facilities shall provide overnight lodging accommodations not to exceed 14 nights per patron.

§ 370-45 Cemetery.

A cemetery shall be permitted when in accordance with the following standards:

A. The minimum net lot area for a cemetery shall be 10 acres except that pet cemeteries shall have a minimum net lot area of five acres.

[Amended 2-26-2007]

B. Individual plots shall be set back a minimum of 50 feet from all tract boundaries and public rights-of-way.

C. An application for a cemetery use shall include the following:

(1) A master plan identifying the overall layout of plots, internal road network, buildings, and other improvements.

(2) A valid permit issued from the Pennsylvania Department of Health, when applicable.

(3) A narrative of how the cemetery will be developed and maintained.

D. Individual headstones greater than five feet in height and other above ground permanent structures shall require building permits prior to installation.

§ 370-46 Club or lodge.

A club or lodge shall be permitted when in accordance with the following standards:

A. The minimum net lot area for a club or lodge shall be two acres.

[Amended 2-26-2007]

B. When abutting a residential use or a property zoned for residential use, the said club or lodge shall provide a Class B Buffer in accordance with § 370-79. All buildings, parking and facilities for outdoor activities shall be so screened.

C. Outdoor activity areas shall be set back a minimum of 50 feet from a property line.

D. Outdoor lighting shall comply with the provisions of § 370-77.

E. When located within or adjoining a residential use or a property zoned for residential use, the hours of operation shall be established by the Zoning Hearing Board.

§ 370-47 Commercial day-care center.

A. A commercial child day-care center shall be permitted when in accordance with the following standards:

(1) The minimum net lot area for a day-care center shall be one acre.

[Amended 2-26-2007]

(2) Indoor play areas shall provide a minimum of 50 square feet per child. Outdoor play areas shall be designed to provide a minimum outdoor play area of 2,000 square feet, or 100 square feet per child, whichever is greater.

(3) Outdoor play areas shall be entirely enclosed by fence, and shall not include driveways, parking areas or land unsuited for active recreation due to slope or wet soil conditions.

(4) Outdoor play areas adjacent to a residential use or district shall be set back a minimum of 100 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas. Outdoor play areas adjacent to nonresidential uses or districts shall be set back a minimum of 50 feet from side and rear property lines.

(5) Off-street parking and passenger loading and unloading spaces shall be provided in accordance with Article XII and shall be so designed to prevent interference with traffic flow on any adjacent street or road.

(6) Prior to issuing of a permit by the Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation.

B. A commercial adult day-care center shall be permitted when in accordance with the following standards:

(1) The minimum net lot area for an adult day-care center shall be one acre.

[Amended 2-26-2007]

(2) A minimum indoor recreation area of 500 total square feet or 75 square feet per adult, whichever is greater, shall be provided.

(3) Off-street parking and passenger loading and unloading spaces shall be provided in accordance with Article XII and shall be so designed to prevent interference with traffic flow on any adjacent street or road.

(4) Prior to issuing of a permit by the Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation.

§ 370-48 Convenience store.

A convenience store shall be permitted when in accordance with the following standards:

A. Access shall be controlled and defined by the use of concrete curbing. There shall be no more than one point of ingress and one point of egress onto each street on which the lot abuts.

B. Access points shall be set back at least 40 feet from street intersections.

C. When proposed with the sale of automobile fuel the following shall also apply:

(1) A minimum lot width of 200 feet along each street where access is proposed.

(2) Adequate distance shall be provided between the store parking area and fuel pump islands stacking lanes to prevent conflicts with circulation and parking patterns.

D. Parking shall be provided in conformance with the parking standards of Article XII for a convenience store, plus the parking and stacking requirements for an automobile service station where fuel pumps are also proposed.

§ 370-49 Educational use, nonprofit and commercial.

Educational uses shall be permitted when in accordance with the following standards:

A. A nonprofit public or private school (one which is not conducted as a private gainful business) and is licensed under the proper governmental authority shall be subject to the following provisions:

(1) Access shall be taken from a major or minor collector or a minor arterial as defined by the Township Comprehensive Plan, as amended.

(2) The minimum required net tract size shall be two acres.

[Amended 2-26-2007]

(3) Outdoor play or recreation areas adjacent to a residential use or district shall be a minimum of 100 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas. Outdoor play or recreation areas adjacent to a nonresidential use or district shall be a minimum of 50 feet from side and rear property lines.

B. A commercial (for-profit) school, including trade or professional schools and art, music, or dancing schools shall not be permitted in residential zoning districts. The minimum required lot size shall be that of the underlying district.

C. Educational uses shall be served by public sewage facilities.

§ 370-50 Home occupations.

There shall be two categories of home occupations: major and minor. Such uses shall be permitted when in accordance with the following standards:

A. Minor home occupation. Minor home occupations, also defined as "no-impact home based businesses," that meet all of the following criteria shall be permitted by right in all zoning districts. Such permission shall not supersede any deed restriction, covenant, easement, or agreement restricting the use of land, nor any master deed, bylaw, or other document applicable to a common interest ownership community. All home occupations not defined as minor shall be defined as major.

(1) The use is carried on only by the inhabitants of the dwelling and shall employ no persons other than family members residing in the dwelling;

(2) The use does not involve any customer, client, or patient visits to the dwelling, whether pedestrian or vehicular;

(3) There is no exterior indication of a business use, including but not limited to signs, parking, lighting, or advertising, that a home occupation is located on the premises;

(4) There shall be no display or sale of goods and no stockpiling or inventory of a substantial nature;

(5) Commercial delivery and pickup of goods and supplies or removal function shall not be in excess of postal and parcel service normally associated with a residential area.

(6) The floor area devoted to the use does not exceed 25% of the habitable floor area.

B. Major home occupation. A home occupation that cannot meet one or more of the criteria listed in Subsection A above shall be defined as a major home occupation. Major home occupations shall be permitted by special exception in all districts when other applicable criteria of this chapter can be met.

C. Prohibited home occupations. The following uses shall not be permitted as home occupations under any conditions in any zoning district:

(1) Those home occupations that meet none of the criteria of Subsection A above for a minor home occupation.

(2) The following uses are prohibited as home occupations and shall be classified as commercial uses:

(a) Animal hospital, animal shelter or veterinary office.

(b) Kennel, commercial kennel, or commercial stable.

(c) Boarding home.

(d) Funeral parlor or undertaking establishment.

(e) Restaurant.

(f) Medical or dental office.

(g) Gift or antique shop.

(h) Rental business.

(i) Furniture stripping.

(j) Rooming house.

(k) Auto or small engine repair.

(l) Auto salvage or junkyard.

(m) Painting of vehicles, trailers, or boats.

(n) Private school with organized classes.

(o) Welding shop.

(p) Other uses of similar character to those listed above.

D. Determination of classification. The Zoning Officer shall determine whether a proposed home occupation is major, minor, or prohibited. The applicant shall be responsible for supplying such information as deemed necessary by the Zoning Officer to make this determination.

E. Issuing of permits. The following procedure for approval and permitting shall apply:

(1) Upon determination that the proposed use is a minor home occupation and is in conformance with the requirements of this chapter, the Zoning Officer shall issue a zoning permit.

(2) Where the Zoning Officer determines that the proposed use is a major home occupation, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 370-149, Granting of special exceptions, and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a zoning permit.

F. Permit limitations. A home occupation permit shall not be transferable to another property or to another type of home occupation. The permit issued shall only be valid for that use and on the property for which it was originally issued.

G. General standards applicable to home occupations. The following standards shall apply to all home occupations, whether major or minor:

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) A home occupation shall be conducted within a dwelling that is the residence of and under the ownership of the principal practitioner or in an accessory building that is normally associated with the residential use. The home occupation shall be carried on wholly indoors.

(3) All applicants shall be required to obtain a permit in accordance with the requirements of § 370-50E above.

(4) The appearance of the residential structure or accessory structure shall not be altered nor shall the occupation be conducted in such a manner that would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from the outside.

(5) The storage of commercial vehicles shall comply with § 370-36B(8) of this chapter.

(6) There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

(7) No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, dust, or electrical or electronic interference, including interference with radio or television reception, detectable to normal senses beyond the property line in excess of levels otherwise permitted by a residential use. (See § 370-75, Performance standards.)

(8) The business activity may not use water or generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use.

(9) There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the Pennsylvania Department of Environmental Protection.

(10) The business shall not involve any illegal activity.

H. Standards applicable to major home occupations. In addition to other applicable criteria of this chapter, the following standards shall apply to major home occupations:

(1) Major home occupations shall be permitted only in single-family detached structures or an accessory structure to a single-family detached dwelling.

(2) The total area used for a major home occupation shall not exceed 750 square feet or 50% of the floor area of the principal residential structure, whichever is less.

(3) No more than two persons, other than resident members of the immediate family may be employed or subcontracted at the residence. Use of nonresident employees must have prior approval from the Zoning Hearing Board.

(4) No articles shall be sold or offered for sale on-site except those produced on the premises. Such sales must have prior approval by the Zoning Hearing Board.

(5) No more than one sign shall be permitted per property providing that it is no larger than two square feet per face. It shall not be illuminated, animated, or placed in a window.

(6) Where employees or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Off-street parking, inclusive of required residential parking, shall not exceed five spaces and shall be lighted to provide safe passage.

(7) Beauty parlors and barber shops may be permitted as a major home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this chapter are met.

(8) Instructional services may be permitted as a major home occupation provided that a maximum of two musical students may be instructed at any one time. Non-music instruction shall be limited to no more four students at any one time and no more than two trips per hour.

(9) Home day care. Home day care is a major home occupation in which a private residence is used for the care and supervision of between four to six children or adults, not related to the caregiver.[1] When in compliance with the provisions outlined below and all other applicable requirements, home day care shall be permitted as a major home occupation:

(a) The minimum net lot area for this use shall be one acre.

[Amended 2-26-2007]

(b) Home day care uses shall only be permitted as an accessory use in a single-family detached dwelling.

(c) There shall be no alterations to exterior facades of residential structures to accommodate accessory day-care facilities in a residential district, except for safety purposes which shall be confined to rear or side walls not visible from any public right-of-way.

(d) For home day care intended for children, a minimum outdoor play area of 100 square feet of contiguous play area shall be provided for each child. The outdoor play area shall be located to the side or rear of the property.

(e) The outdoor play area shall be enclosed by a suitable fence with a minimum height of four feet or other barrier suitable to prevent children from crossing. This requirement shall also apply to adult home day care where outdoor sitting areas are provided for the use of clients.

(f) In addition to the off-street parking required for a single-family home, at least one additional space is required for each nonresident employee. There shall be sufficient area on the lot to accommodate the pickup and drop-off of children without interference with local traffic.

(g) Prior to approval of the use and issuing of a zoning permit by the Zoning Officer, the applicant shall secure all pertinent approvals and registration certificates from appropriate state or county agencies as a condition of permit approval and continuation. The use shall also be subject to review and approval by the Zoning Hearing Board as a special exception.

[1] Note: Day care provided for more than six children is considered a "commercial day-care center" for the purposes of this chapter and is not permitted in residential districts. Care provided to three or fewer children is considered "baby-sitting" and is not formally regulated.

§ 370-51 Hospitals.

A hospital shall be permitted when in accordance with the following standards:

A. The minimum net lot area for a hospital shall be 10 acres.

[Amended 2-26-2007]

B. The principal access to a hospital shall be directly from an arterial or major collector road as designated by the Township Comprehensive Plan. Access to roads shall be a minimum of 40 feet from the intersection of any street.

C. All buildings and structures shall be set back a minimum of 100 feet from any property line. Where the use adjoins existing residential uses, care shall be taken to locate emergency and service entrances where they are not objectionable to adjoining neighbors.

D. The following uses are permitted within a hospital complex when designed as an integral part of the hospital:

(1) Medical treatment facility.

(2) Hospital administrative offices.

(3) Accessory maintenance facility.

(4) Pharmacy or laboratory.

(5) Snack and restaurant facilities.

(6) Gift shop.

E. Helicopter landing pads may be permitted as accessory use when in conformance with the requirements of § 370-36C(5).

§ 370-52 Hotel, motel and resort.

Hotel, motel and resort facilities shall be permitted when in accordance with the following standards:

A. The minimum net lot area per use shall be in accordance with the following table, provided there is a minimum of 2,000 square feet of net lot area per rental unit:

[Amended 2-26-2007]

	Use	Minimum Net Lot Area Per Use (acres)
	Hotel/motel	5
	Outdoor swimming/tennis	1
	Driving range	10
	Golf course	50 (per 9 holes)

B. A minimum of 30% of the tract shall be permanently retained in landscaping separate from driving range or alleys.

C. The principal access to a hotel, motel or resort complex shall be directly from an arterial road as designated in the Township Comprehensive Plan.

D. Access points shall be limited to two.

E. The following uses are permitted within an application when designed as an integral part of a hotel, motel or resort complex:

(1) Lodging facilities.

(2) Dining facilities.

(3) Conference and meeting facilities.

(4) Recreation facilities.

(5) Gift shop.

(6) Accessory maintenance facilities.

§ 370-53 Industrial park or office park.

An industrial or office park shall be permitted when in accordance with the following standards:

A. The tract of land to be developed shall be in one ownership, or in the case of a multiple ownership, it shall be developed according to a single overall plan with common authority and responsibility.

B. The tract and uses therein shall have access only to an arterial or collector street as defined by the Township Comprehensive Plan via a common ingress and egress.

C. Use regulations. An industrial park may be used for any one or more of the following purposes:

(1) Uses permitted by right or special exception in the district in which the park is located.

(2) Accessory uses, buildings, and structures, subject to the provisions of §§ 370-36 and 370-37.

D. Area and bulk regulations.

(1) Minimum tract size. The minimum net tract size shall be 10 contiguous acres.

[Amended 2-26-2007]

(2) Perimeter setbacks and buffering.

(a) The perimeters of an industrial park shall be have landscaped setback as follows:

	Uses Adjacent to Perimeter of Office/Industrial Park	Minimum Depth of Landscaped Buffer (feet)
	External public roads	75
	Commercial use or district	75
	Residential use or district	100
	Industrial district	50

(b) Buffering and screening requirements shall be in accordance with § 370-79.

(3) Lot area. The average area of individual lots within an industrial or office park development shall be a minimum of three net acres, but no individual net lot area shall be less than one acre.

[Amended 2-26-2007]

(4) Lot width.

(a) Tract width. Minimum tract frontage along the arterial or collector street from which the park takes access shall be 200 feet.

(b) Individual lot widths. The width at the building line and at the street line shall be in accordance with the following:

[Amended 2-26-2007]

		Lot Width (minimum)
	Gross Lot Area (acres)	Building Line (feet)	Street Line (feet)
	1.0 to 1.99	150	150
	2.0 to 2.99	250	200
	3.0 or more	300	250

(5) Building coverage. The area of individual lots covered by buildings shall not exceed the following; provided that the underlying zoning district does not impose greater restrictions, in which case the more restrictive provision shall be controlling:

[Amended 2-26-2007]

	Gross Lot Area (acres)	Building Coverage (maximum)
	1.0 to 1.99	40%
	2.0 to 2.99	35%
	3.0 or more	30%

(6) Setbacks. The minimum setbacks for individual lots shall be in accordance with the following standards:

	Yard	Setback (feet)
	Front yard	100
	Rear yard	50
	Side yard	35 (each)
	Distance between buildings	40

(7) Landscaped open space. The minimum area of each lot to be used as landscaped open space shall be 20% and designed in accordance with § 370-80.

(8) Building height. No building or structure shall exceed 50 feet in height.

E. At least 70% of the total floor area of the office or industrial park shall be devoted to office or industrial uses.

F. When applying for a special exception, the applicant shall submit a plan for the overall design and improvements of the office or industrial park consistent with the requirements of § 370-84.

§ 370-54 Junkyard.

[Amended 2-26-2007]

Junkyards are prohibited within North Coventry Township, the use being provided in the Pottstown Metropolitan Region pursuant to the Pottstown Metropolitan Regional Comprehensive Plan and Zoning Regulations adopted by North Coventry Township. Any nonconforming junkyard in North Coventry Township, if expanded, shall comply with the following provisions in addition to the requirements of Chapter 213, Junkyards and Junk dealers, of North Coventry Township.[1]

A. Where a junkyard is located on a property which is adjacent to a residential district or use, there shall be a set back from the district boundary of at least 100 feet.

B. The tract serving as a junkyard shall be located on lands less than 15% slope.

C. The maximum lot coverage, including storage, buildings, and structures shall not exceed 70%.

D. The area where junk and any other material is stored outside shall be enclosed with a wall or fence, at least eight feet in height and which is designed and constructed so as to be at least 90% solid or opaque. An effective year-round screen shall be provided consistent with the buffering requirements of § 370-79.

E. Storage piles shall not exceed eight feet in height. No more than two adjoining rows of junked cars shall be stored together.

F. There shall be provided at least a twelve-foot wide accessway which shall be clear and free at all times to provide for access to all parts of the premises for fire fighting and other safety or emergency purposes.

G. Gasoline, oil, freon, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises. Such materials shall be disposed of in accordance with applicable regulations and shall not be released into the air or deposited on or into the ground or watercourses.

H. No junk or other material shall be burned on the premises.

I. Tire storage piles shall not exceed 200 tires.

J. No garbage or other waste liable to give off a foul odor or attract vermin or insects shall be kept on the premises.

K. All junk shall be stored or arranged to prevent accumulation of water.

L. A junkyard shall operate only after a license is issued by the Township in accordance with the requirements of Chapter 213, Junkyards and Junk Dealers.

M. A stormwater management plan shall be submitted as part of the land development application for a junkyard, in accordance with Chapter 320, Subdivision and Land Development, and Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management.

[Amended 1-27-2014]

N. In addition to the requirements of Chapter 213, Junkyards and Junk Dealers, junkyards shall be managed in accordance with all federal and state regulations including the Solid Waste Management Act,[2] the Clean Streams Law,[3] and the Air Pollution Control Act[4] of the Commonwealth of Pennsylvania.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See 35 P.S. § 691.1 et seq.

[4] Editor's Note: See 35 P.S. § 4001 et seq.

[1] Editor's Note: Former Subsection A, regarding tract size and location within a flood hazard area, which immediately followed this paragraph, was repealed 2-26-2007.

§ 370-55 Mini-warehouse (self-storage).

Mini-warehouses shall be permitted when in accordance with the following standards:

A. Access shall be from a collector or arterial street as defined by the Township Comprehensive Plan.

B. The minimum aisle width between buildings shall be 20 feet.

C. The use shall be subject to review by Township police and fire officials regarding security and fire protection.

D. Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.

E. No business activity other than leasing of storage units shall be conducted on the premises.

F. Except as noted in Subsection H below, all storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.

G. Outdoor storage shall comply with the following requirements:

(1) Outdoor storage of automobiles, boats, and recreation vehicles is permitted provided they are screened so as not to be visible from adjacent streets, residential uses or residentially zoned land.

(2) A maximum of 20% of the total site area may be used for such outdoor storage.

(3) Stored vehicles shall not interfere with traffic movement through the complex.

H. The storage facilities complex shall be surrounded by a fence at least eight feet in height.

I. Mini-warehouses and outdoor storage areas shall not be located within the Flood Plain Conservation District as defined in Article IX of this chapter.

§ 370-56 Mixed use proposal.

Where a combination of uses is authorized upon a single lot or within a building, by virtue of a special exception issued by the Zoning Hearing Board or as a conditional use approved by the Board of Supervisors when applicable, each of those uses shall be required to meet the following criteria:

A. Only those uses permitted in the district shall be permitted in a mixed use proposal.

B. Where one or more of the uses is permitted by conditional use or as a special exception, the information requirements and review procedure of § 370-84 shall apply.

C. Parking requirements shall be calculated for each use, but may be designed as a common parking lot.

D. Uses such as a planned commercial center or industrial park shall comply with the supplemental requirements for that specific use rather than the mixed use requirements of this section.

§ 370-57 Mobile home park.

Mobile home parks shall be permitted when in accordance with the following provisions:

A. Mobile home parks shall be permitted only on the premises owned by Environmental Communities of Pennsylvania at the time of the Pennsylvania Commonwealth Court decision on the Environmental Communities Case, the subject premises being located to the southerly side of Temple Road and the easterly side of Chestnut Hill Road.

B. Mobile home parks shall comply with the standards of Chapter 232, Mobile Home Parks, and all other applicable federal state, and Township regulations.

§ 370-58 Multifamily or townhouse development.

Multifamily and townhouse developments shall be permitted in accordance with the following standards:

A. The area and bulk regulations under the applicable zoning district shall be met.

B. The maximum length of a multifamily or townhouse building shall be 160 feet.

C. Multifamily or townhouse buildings are encouraged to be located in clusters which create common courtyards and open space areas rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within the development.

D. Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open space area.

E. The following building separation distances shall be met in order to provide individual units with some level of privacy:

	Building Configuration	Minimum Distance Between Buildings (feet)
	Facing front or rear walls (long wall)	75
	Facing end walls (short wall)	35

F. Entrances to dwelling units shall be provided with walkways to parking and refuse collection areas.

G. The design, ownership and maintenance responsibilities for required open space shall be in accordance with the provisions of § 370-81.

H. Buffering and landscaping of the proposed development shall be in accordance with §§ 370-79 and 370-80 of this chapter.

I. Dwelling units shall be set back a minimum of 25 feet from common parking lots and refuse collection centers.

J. Staggered setbacks of individual dwelling units accompanied by a variation in facade design shall be required so the buildings offer visual variety and provide private yard areas. In the case of townhouse development, no more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of four feet.

K. Outdoor lighting shall be in accordance with § 370-77.

§ 370-59 Nursing home or convalescent home.

A nursing or convalescent home shall be permitted when in accordance with the following standards:

A. The following minimum net tract size shall be met:

[Amended 2-26-2007]

	District	Minimum Net Tract Size (acres)
	RR	4
	R-1	3
	V-2	1
	TC-1	1
	TC-2	1
	C-3	3

B. In addition to the minimum net tract area required above, an additional 1,000 square feet of net tract area shall be required for each resident patient beyond a total of 20 in the TC-1, TC-2 and V-2 Districts and beyond a total of 40 in the RR and R-1 Districts.

[Amended 2-26-2007]

C. Each nursing home facility shall provide an outdoor sitting facility. The sitting area shall be landscaped and shall not be located adjacent to parking lots, detention basins, or major collector or arterial streets unless adequate screening is provided. Sitting areas shall not be located on land of over 5% slope.

D. The tract of land on which the use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit.

E. The proposed use shall obtain all applicable state and federal permits, licenses, and certificate of need, as applicable to the proposed use.

§ 370-60 Shopping center or highway commercial development.

A shopping center or highway commercial development shall be permitted when in accordance with the following standards. These standards shall also apply to any single commercial use when the gross floor area of the use is 20,000 square feet or greater:

A. The area and bulk regulations proscribed for shopping centers and highway commercial developments in § 370-21C(2) of this chapter shall be met.

B. Uses permitted in a shopping center include: retail stores or services, restaurants, banks or other financial institution, or offices.

C. Primary access shall be from a collector or arterial street as defined in the Circulation Plan of the Township Comprehensive Plan.

D. When located adjacent to a residentially zoned district or existing residential use, parking, loading, and service areas shall be located at least 50 feet from the adjacent property line.

E. Parking lot design, landscaping, buffering, lighting, signs, and access shall be in accordance with the applicable sections of this chapter. Signs within the shopping center or highway commercial development shall be coordinated in a uniform color and design.

F. Establishments storing shopping carts out of doors shall provide defined areas on the site for storage of such carts which shall be clearly marked and designed for their storage.

G. Trash receptacles shall be provided outside any establishment with takeout service or convenience shopping.

H. Sidewalks shall be provided along all street frontage and pedestrian access to sidewalks on or adjacent to the property shall be provided.

§ 370-61 Quarrying/mining.

Quarrying or mining shall be permitted when in accordance with the following standards:

A. Minimum site area: 10 acres.

B. Minimum setbacks from property lines:

(1) Front yard: 250 feet.

(2) Side yards: 175 feet.

(3) Rear yard: 175 feet.

C. When applying for a zoning permit, the applicant shall provide the following information in addition to that required on the standard zoning permit:

(1) General site area. Plan of general area within a one mile radius of the site, at a scale of no greater than 1,000 feet to the inch with a twenty-foot or less contour interval. The general site area plan shall include:

(a) Location of proposed site.

(b) Roads, including widths, weight loads, types of surfaces, and traffic data.

(c) Existing land use pattern, including building locations and historical sites and buildings.

(d) Proposed uses or facilities within a one-mile radius of the site, including: subdivisions, parks, schools, churches, highways, and other uses potentially affecting or affected by the proposed operation.

(2) Proposed site area. Plan of proposed site at a scale of no greater than 100 feet to the inch with a five-foot or less contour interval. The proposed site area plan shall include:

(a) Soils and geology.

(b) Groundwater data and watercourses.

(c) Vegetation and dominant species.

(d) Wind data with directions and percentage of time.

(e) Proposed usage and operation including:

[1] Final grading by contours.

[2] Interior road pattern, its relation to operation yard and points of ingress and egress to state and Township roads.

[3] Estimated amount and description of aggregate and overburden to be removed.

[4] Ultimate use and ownership of site after completion of operation.

[5] Source and amount of water to be used.

[6] Proposed tree screen locations.

[7] Soil embankments for noise, dust, and visual barriers and heights of spoil mounds.

[8] Machinery type and noise levels.

[9] Safety measures and plan for monitoring of complaints.

D. Performance standards.

(1) No excavation, quarry wall, storage, or area in which processing is conducted shall be located within the required setbacks.

(2) All excavations, except stone quarries over 25 feet in depth, shall be graded in such a way as to provide an area harmonious with the surrounding terrain and which does not pose a safety hazard. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation.

(3) Drainage, either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.

(4) The principal access shall be directly from a collector or arterial road as designated by the Township Comprehensive Plan. Access to roads shall be a minimum of 40 feet from the intersection of any street and shall be so arranged as to minimize danger to traffic and avoid nuisance to surrounding properties.

(5) When vegetative cover is the final use to which the tract is to be put, all that is not covered by water shall be covered with a sufficient amount of arable soil to support vegetation. A planting plan shall be prepared for the entire finished tract using various types of plant material for the prevention of erosion.

(6) Blasting shall not occur between the hours of 6:00 p.m. and 7:00 a.m.

(7) Stone quarries whose ultimate depth is more than 25 feet in depth shall be provided with the following protection and screening:

(a) A chain link fence at least 10 feet high with a slanted barbed wire top section, completely surrounding the area, shall be provided.

(b) If adjacent to a residential or commercial district, a screen planting around the perimeter of the fence shall be provided in accordance with § 370-79.

(c) Warning signs shall be placed on the fence at intervals of no more than 100 feet.

(d) Gates shall be closed and locked whenever the quarry is not in operation.

§ 370-62 Recreation (indoor/outdoor commercial facilities).

Recreational facilities shall be permitted when in accordance with the following standards:

A. General development standards.

(1) Impervious coverage for the proposed use shall not exceed the maximum lot coverage standard of the applicable zoning district.

(2) Buildings or structures shall be located no closer than 50 feet to any lot boundary.

B. Commercial recreational uses. The standards under this subsection shall apply to such privately established recreational uses as country clubs, golf, swim, and tennis clubs, and ice skating rinks:

(1) The following aggregate minimum net lot areas shall be required based on each proposed use:

[Amended 2-26-2007]

	Use	Minimum Net Lot Area (acres)
	Golf course (per nine holes)	50
	Outdoor swim or tennis clubs	15
	Indoor tennis, racquetball, ice rink	5

(2) Any structure, building, parking, storage, loading or paved areas, excluding foot and bicycle paths, and necessary accessways to a public street, shall not be located closer than 50 feet to any lot line, and shall be screened from dwellings in accordance with § 370-79 when located within or abutting a residential use or district.

(3) Any permanent outdoor facility, including tennis courts and swimming pools which concentrates activities shall be set back a minimum of 100 feet from any property line and shall be screened from any residential district or use in accordance with § 370-79.

(4) Where access can be provided from two or more streets, vehicular access for the use shall not be provided from a local street in a residential district or residential development if possible.

(5) Auxiliary uses, such as a restaurant or banquet facilities, shall be restricted in their use to employees, patrons, members and guests of the principal use. Such establishments shall present no visible evidence from any public street of their commercial character which would attract persons other than employees, patrons, members and guests.

(6) A master plan for the entire tract of land shall be prepared as part of the application for a use under this section. The master plan shall provide sufficient data to ascertain the impact the facility will pose on the Township when it is complete, and shall include the information required by § 370-84.

§ 370-63 Recycling center.

A recycling center shall be permitted when in accordance with the following standards:

A. Operation of a recycling facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the Department of Environmental Protection (PaDEP), and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future Rules or Regulations of PaDEP, the more restrictive regulations shall supersede and control.

B. Storage of recycled material.

(1) Storage of recycled material shall:

(a) Be within containers that prevent the material from being carried from the work area by wind or water;

(b) Prevent the inhabitation of vectors;

(c) Be set back a minimum of 100 feet from a property line and street line.

(2) Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. The storage of paper shall be within a fully enclosed building or trailer.

C. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every recycling center shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and maintained in a uniform color.

D. Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Township. To control blowing paper, a fence shall be erected with a minimum height of six feet, with openings not more than three inches by three inches along all boundaries.

E. A Class D Buffer, in accordance with the requirements of § 370-79 of this chapter, shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district.

F. Unloading of materials shall be continuously supervised by a facility operator.

G. Hazardous waste included on the list of hazardous waste maintained by the Department of Environmental Protection shall not be disposed of at a recycling center. No municipal or solid waste or hazardous waste shall be processed or stored at a recycling center.

H. When this use is combined with a transfer station, the separation of material shall be done so that the recycling process does not interfere with the prompt disposal of the municipal solid waste.

I. The principal access to the site shall be from a collector or arterial road as designated by the Township Comprehensive Plan.

J. A zoning permit shall be obtained and renewed on an annual basis.

§ 370-64 Residential conversion.

Residential conversions shall be permitted when in accordance with the following standards:

A. The minimum lot area and bulk regulations for the applicable zoning district shall be met. Residential conversions shall not be permitted on a nonconforming lot or in a nonconforming structure.

B. An existing detached dwelling converted to two or more dwelling units shall maintain the facade and appearance of a detached dwelling with a single front entrance. The resulting dwelling units may share a single front entrance.

C. Additional entrances, when required, shall be placed on the side or rear of the building. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall, and shall in no case be located on a front or side wall facing a street.

D. With the exception of improvements relating to safety and access as identified in Subsections B and C, above, there shall be no major structural change to the exterior of the building in connection with the conversion.

E. Site and architectural plans shall be included with the application for conversion indicating both exterior and interior modifications. A plan shall also be included in the application which identifies off-street parking and other lot improvements as required by § 370-84.

F. The following maximum new units and densities shall be met by the proposed conversion:

	District	Maximum Additional Dwelling Units per Converted Structure	Maximum Density (Dwelling Units Per Acre After Conversion)
	RC	1	0.33[1]
	RR [Amended 2-26-2007]	1	0.5
	R-1	1	2.0
	V-1	1	2.0
	V-2	2	3.0
	TC-1	2	3.0
	TC-2 [Amended 11-14-2005]	2	3.0

[1] Note: A density of 0.33 units per acre is the equivalent of one unit per three acres.

G. Properties providing an accessory dwelling unit under the RC-2 Country Properties Option or the RR-2 Rural Lots Option [See § 370-114B(6)] shall not be permitted to provide an additional dwelling unit under the residential conversion standards of this section.

H. The minimum floor area for an individual dwelling unit shall be in accordance with the North Coventry Township Building Code.

I. Each dwelling unit shall be provided separate cooking and sanitary facilities in accordance with the Township Building Code and Chester County Health Department requirements. Approval by all applicable agencies is required prior to the issuance of a zoning permit.

J. Parking requirements.

(1) The number of off-street parking spaces shall be as required in Article XII, Off-Street Parking and Loading Provisions.

(2) Off-street parking lots with five or more spaces shall be landscaped or screened from abutting lots with dwellings, in accordance with § 370-80 of this chapter.

(3) Off-street parking shall be located to the side or rear of the converted structure.

(4) Unrestricted egress and ingress between parking areas and the street shall be provided.

(5) Required off-street parking shall be surfaced with an all-weather material such as macadam, gravel, pervious parking, or other similar material.

(6) Lighting, screening, and landscaping shall be provided in accordance with §§ 370-77, 370-79 and 370-80.

K. In the V-1, V-2, TC-1, and TC-2 Districts, 25% of the lot area shall be designed, reserved and maintained as common open space for residents of the dwelling units. The minimum dimension of any common open space shall be 25 feet in any direction. Stormwater retention areas shall not be counted as common open space. All or some of the common open space area may be paved if designed as a patio(s) for leisure use.

§ 370-65 Restaurant, fast-food.

A fast-food restaurant shall be permitted when in accordance with the following standards:

A. Provisions applicable to fast-food restaurants, with or without drive-through service.

(1) The use shall have access to either a collector or arterial street as defined by the Township Comprehensive Plan and in accordance with § 370-82.

(2) Trash receptacles shall be provided outside of the restaurant for patron use, but shall not be located near any adjacent residential properties.

(3) A trash storage area shall be provided which is designed to be screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal.

(4) When the use is adjacent to or on the same lot with other commercial facilities, it shall use the common access with the other establishments and not have a separate access to the street.

(5) Access shall be a minimum of 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

(6) Lighting, screening, and landscaping shall be provided in accordance with §§ 370-77, 370-79, and 370-80.

B. Additional provisions applicable to fast-food restaurants with drive-through service.

(1) The provisions of Subsection A above shall be met.

(2) Drive-through service windows shall have a vehicle stacking lane which can accommodate a minimum of eight cars. The stacking lane shall not be used for parking lot circulation aisles nor shall it conflict in any way with circulation or parking.

(3) The drive-through window shall not be located adjacent to a residential use or a residential district.

§ 370-66 Retirement community.

A retirement community shall be permitted when in accordance with the following standards:

A. A retirement community may provide a combination of individual dwelling units in any combination of single-family, two-family, townhouse or multifamily buildings and may include a community center consisting of one or more buildings in which the following accessory uses may be permitted:

(1) Auditoriums, activity rooms, craft rooms, libraries, lounges, and similar recreational facilities for members of the retirement community.

(2) Dining facilities.

(3) Office and retail service facilities designed and adequate to serve only the members of the community, such as, but not necessarily limited to the following uses: medical offices, pharmacy, gift shop, coffee shop, bank, beauty shop and barber shop.

(4) Accessory medical treatment, nursing and convalescent facilities limited to residents of the community for temporary care.

B. A retirement community shall comply with the following net tract size and gross density standards:

[Amended 2-26-2007]

	District	Minimum Net Tract Size (acres)	Maximum Density (dwelling units per net tract acre)
	V-2	10	6.0
	TC-1	5	5.0
	TC-2	5	6.0

C. A retirement community shall be developed and operated under the direction and control of a single owner or agent for the owner.

D. A minimum of 30% of the tract area shall be retained in permanent open space, designed for the use and enjoyment of residents within the retirement community. Ownership, location, design, layout and maintenance of required open space shall be in accordance with the requirements of § 370-81. Building and lot coverage requirements of the individual districts shall apply.

E. Access to all dwelling units and community facilities shall be handicapped accessible, in accordance with the Americans with Disabilities Act, shall be provided in the design of structures, pedestrian walkways and parking lots. Buildings shall be interconnected by walkways.

F. Location, design and layout of buildings containing dwelling units shall be so designed to ensure open space and privacy between units.

G. There shall be a minimum building setback from the entire tract perimeter according to the following schedule:

	District	Minimum Perimeter Setback
	V-2	50 feet
	TC-1	50 feet
	TC-2	30 feet

H. A Class A Buffer, in accordance with the standards of § 370-79, shall be established along all exterior property lines.

I. Landscaping shall be consistent with the requirements of § 370-80.

J. Outdoor lighting shall be consistent with the requirements of § 370-77.

K. A plan meeting the information requirements of § 370-84 shall be submitted with the application.

§ 370-67 (Reserved) [1]

[1] Editor's Note: Former Section 1033, Sanitary landfill, was repealed 2-26-2007. The use is provided in the Pottstown Metropolitan Region pursuant to the Pottstown Metropolitan Regional Comprehensive Plan and Zoning Regulations adopted by North Coventry Township.

§ 370-68 Temporary structure or use.

A temporary structure or use shall be permitted when in accordance with the following standards:

A. Permitted uses.

(1) Bloodmobile, mobile medical testing facility and similar activities related to the promotion of public health.

(2) Headquarters for political campaigns for a period not to exceed three months.

(3) Offices for contractors on the site and during the period of construction only.

(4) Mobile office of the armed forces of the United States for public education or recruitment.

(5) Temporary housing for residents displaced from the principal residence due to damage which has made the structure uninhabitable while the principal dwelling is being repaired.

(6) Temporary shelter for business operations that have been displaced from the principal building due to damage which has made the principal structure unusable while the principal structure is being repaired.

B. Standards.

(1) A temporary use and occupancy permit shall not exceed six months in length. Said permits may be renewed for a specified time limit when approved by the Board of Supervisors. A temporary use and occupancy permit shall not be required for those uses listed under Subsection A(1) above unless such uses remain in the same location for more than two consecutive days.

(2) In the case of the temporary structures in Subsection A(3), (5) and (6) above, the temporary structure shall only remain in place until the principal structure(s) has been repaired or constructed. The initial permit may be renewed for three-month periods provided that the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure.

(3) It shall be the responsibility of the applicant to demonstrate the need for a temporary use and occupancy permit.

(4) All temporary structures shall be removed completely within 30 days of the expiration of the permit without cost to the Township.

§ 370-69 Transfer station.

A transfer station shall be permitted when in accordance with the following standards:

A. Operation of a transfer station shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the Department of Environmental Protection (PaDEP), and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future Rules or Regulations of PaDEP, the more restrictive regulations shall supersede and control.

B. Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Township. To control blowing paper, a fence shall be erected with a minimum height of six feet, with openings not more than three inches by three inches along all boundaries.

C. A Class D Buffer shall be required between the fence and the street line and property line, in accordance with § 370-80 of this chapter.

D. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every transfer station shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and maintained in a uniform color.

E. The entire transfer process, which includes unloading, compaction, and loading onto the transfer trucks shall occur inside a building. Unloading of materials shall be continuously supervised by a facility operator.

F. Municipal solid waste shall not remain on the site for more than 72 hours.

G. At the end of each work day, all municipal solid waste shall be compacted in a transfer container. Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.

H. A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the Township and approved by Board of Supervisors.

I. Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PaDEP regulation.

J. Sanitary landfill operations and open burning of any materials shall be specifically prohibited.

K. A zoning permit shall be obtained and renewed on an annual basis.

L. A transfer station may include the separation and collection of material for the purpose of recycling if the standards of § 370-63 for a recycling center are met.

§ 370-70 Transitional housing.

Transitional housing shall be permitted when in accordance with the following standards:

A. Transitional housing shall not be permitted within a 1,000 foot radius of another transitional housing facility in order to avoid concentration of such facilities and to prevent negative impacts on residential areas.

B. Transitional housing shall not exceed a maximum of five individuals. Support staff not residing at the facility shall not be included in this maximum number.

C. Transitional housing shall be permitted when in detached buildings and shall comply with the applicable provisions of the Building Code of North Coventry Township.

D. The dwelling used for a transitional housing facility shall have no external alterations except as may be necessary for reasons of safety, including fire escapes. Such access shall be located to the rear of the building where practical. The applicant shall submit plans indicating exterior changes. All changes shall be easily converted to a typical residential use.

E. Transitional housing shall be provided with around-the-clock live-in supervision to ensure clients receive proper, professional care.

F. Transitional housing must be sponsored and operated by a group, organization, or corporation licensed by either the county or state. Proof of licensing shall be submitted with applications for a transitional housing facility. Proof of compliance with all applicable county or state regulations shall be furnished to the Zoning Officer prior to the granting of the zoning permit.

G. Upon the closing of a transitional housing facility, the dwelling shall be brought back to its original status as a single-family dwelling.