A.
This article establishes additional specific requirements
for certain specific uses, in addition to the sign, parking, environmental
and other general requirements of this chapter and the requirements
of each district. Wherever two requirements conflict, the stricter
requirement shall apply.
A.
Each of the following uses shall meet all of the following
requirements for that use:
(1)
Adult use. (This is limited to the following: adult
bookstore, adult movie theater, massage parlor, or adult live entertainment
facility.)
(a)
Purposes. The regulations on adult uses are
intended to serve the following purposes, in addition to the overall
objectives of this chapter.
[1]
To recognize the adverse secondary impacts of
adult uses that affect health, safety and general welfare concerns
of the Township. These secondary impacts have been documented in research
conducted across the nation. These secondary impacts typically include,
but are not limited to, increases in criminal activity, increases
in activities that increase the risk of transmission of sexually transmitted
diseases, increases in activities that increase the risk of transmission
of other communicable diseases, increases in blight, decreases in
the stability of residential neighborhoods and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
[2]
To limit adult uses to locations where these
secondary impacts can be minimized, particularly as they affect residential
neighborhoods and commercial revitalization.
[3]
To not attempt to suppress any activities protected
by the free speech protections of the State and U.S. Constitutions,
but instead to control secondary effects.
(b)
An adult use and its parking area shall not
be located within any of the following distances, whichever is most
restrictive:
[1]
Two hundred lineal feet from the lot line of
an existing dwelling;
[2]
Two hundred lineal feet from the lot line of
any residential zoning district,
[3]
One thousand lineal feet from the lot line of
any primary or secondary school, place of worship, library, public
park, day-care center or child nursery.
(c)
No adult use shall be located within 200 lineal
feet from any existing adult use.
(d)
A fifty-foot buffer yard shall be provided,
regardless of zoning district, along the side and rear lot lines.
If such buffer area does not include substantial mature trees that
will be preserved, it shall include continuous screening by evergreen
trees with an initial height of five feet.
(e)
No pornographic material, displays or words
shall be placed in view of persons who are not inside of the establishment.
Definite precautions shall be made to prohibit minors from entering
the premises.
(f)
No adult use shall be used for any purpose that
violates any federal, state or municipal law.
(g)
Obscene or pornographic signs shall be prohibited.
(h)
The adult use shall not include the sale or
display of obscene materials, as defined by Pennsylvania Criminal
Law, as may be amended by applicable court decisions.
(i)
An adult use shall only be allowed within the
I/M Zoning District.
(j)
A minimum lot area of two acres is required.
(k)
For public health reasons, private or semiprivate
viewing booths of any kind are prohibited. This specifically includes,
but is not limited to, booths for viewing adult movies or nude dancers.
(l)
No use may include live actual or simulated
sex acts nor any physical or sexual contact between employees and
entertainers nor between employees or entertainers and customers.
At an adult live entertainment use, employees or entertainers shall
maintain a minimum distance of three feet from customers.
(m)
Only "lawful" massages, as defined by state
court decisions, shall be performed in a massage parlor.
(n)
All persons within any adult use shall wear
nontransparent garments that cover their genitals and the female areola,
except within a permitted lawful adult live entertainment facility.
(o)
Any application for such use shall state the
names and home addresses of: a) all individuals intended to have more
than a five-percent ownership in such use or in a corporation owning
such use; and b) an on-site manager responsible to ensure compliance
with this chapter on a daily basis. Such information shall be updated
at the beginning of each year in writing to the Zoning Officer.
(p)
The use shall not operate between the hours
of 12:00 midnight and 7:00 a.m.
(q)
As specific conditions of approval under this
chapter, the applicant shall prove compliance, where applicable, with
the following state laws, as amended: the Pennsylvania Liquor Code,
Act 219 of 1990 (which pertains to sale or consumption of alcohol
between 2:00 a.m. and 8:00 a.m.); Act 207 of 1990 (which pertains
to obscenity); and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths, among other
matters).
(r)
An adult use shall not exist within the same
building as a use with a liquor license.
(3)
After-hours club. This use is effectively prohibited
by State Act 219 of 1990, as amended (Section 7327 of Title 18 of
the Pennsylvania Statutes).
(4)
Airport.
(a)
As part of a conditional use approval, the Board
of Supervisors shall have the authority to establish reasonable conditions
that limit the types, sizes and weights of aircraft and the hours
of operation in order to minimize noise nuisances to dwellings.
(b)
As part of a conditional use application, the
applicant shall provide evidence that flight patterns will be designed
to minimize noise nuisances to dwellings.
(c)
Each end of a runway shall be set back a minimum
of 200 feet from all lot lines. Each side of a runway shall be set
back a minimum of 100 feet from all lot lines.
(6)
Assisted living facility/personal care center. The
standards for nursing homes in this section shall apply.
(7)
Auto, boat or mobile/manufactured home sales.
(a)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 285-65.
(c)
Any mobile/manufactured homes on a sales site
shall meet the required principal building setbacks from the perimeter
lot lines.
(8)
Auto repair garage.
(a)
All paint work shall be performed within a building,
with a fume collection and ventilation system that directs fumes away
from any adjacent dwellings. Outdoor major repairs (such as body work
and grinding) and outdoor welding shall not occur within 250 feet
of a residential lot line.
(c)
Outdoor storage of motor vehicles shall not
be within any required buffer yard or street right-of-way.
(d)
Overnight outdoor storage of junk other than
permitted junk vehicles shall be prohibited within view of a public
street or a dwelling.
(e)
Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f)
Service bay doors shall not face directly towards
an abutting dwelling (not including a dwelling separated from the
garage by a street) if another reasonable alternative exits.
(g)
Any auto repair garage as defined in § 285-20 proposed to be located within the MS District as a conditional use must also comply with all requirements of § 285-17 as well as the additional provisions and design guidelines for uses within the MS and MSL Districts contained in § 285-39B(1) through (14).
[Added 12-8-2008 by Ord. No. 210]
(h)
Any building housing an auto repair garage as defined in § 285-20 proposed to be located in the MS District as a conditional use which is located on a lot with multiple buildings and which exceeds 100 feet in length shall be located within the interior of the lot and must be screened and buffered from the front of the lot by plantings or similar means as determined by the Board of Supervisors. Any building proposed for such a use which exceeds 50 feet in length must submit design guidelines at the time of application for the conditional use.
[Added 12-8-2008 by Ord. No. 210]
(9)
Auto service station.
(a)
See definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.
(b)
All activities except those to be performed
at the fuel or air pumps shall be performed within a building. The
use shall not include spray painting.
(c)
Fuel pumps shall be at least 30 feet from the
existing street right-of-way and shall meet side yard principal building
setback requirements.
[Amended 12-10-2007 by Ord. No. 202]
(d)
Overnight outdoor storage of junk shall be prohibited
within view of a public street or dwelling. Any junk vehicle stored
outside overnight shall be screened from view of adjacent dwellings.
(e)
Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(f)
The use may include a convenience store if the
requirements for such use are also met.
(g)
A canopy shall be permitted over the gasoline
pumps with a minimum front yard setback of 20 feet from each street
right-of-way line.
[1]
Such canopy may be attached to the principal
building. The canopy shall not include any signs, except for the following:
a) a sign may be attached to each of two sides of the canopy in place
of an allowed freestanding sign; b) an allowed wall sign may be placed
on a portion of the canopy that is behind the minimum front yard setback
line; and c) necessary warning signs.
[2]
Within the minimum front yard building setback,
the distance between the ground level and the bottom of the canopy
shall not be greater than 20 feet. Parts of a sloped canopy may have
a taller height if the purpose of the taller height is to deflect
soot and glare away from the street or neighboring properties.
(h)
Fuel tanks and dispensers and ventilation equipment
shall be set back a minimum of 100 feet from the lot line of any residential
or institutional use (such as a school or nursing home).
[Amended 12-10-2007 by Ord. No. 202]
(10)
Bed-and-breakfast inn.
(a)
Within an agricultural or residential district (where permitted under Article III), a maximum of five rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts. Only one bed-and-breakfast inn shall be permitted per lot. In the A District, a bed-and-breakfast inn may be placed on the same lot as a separate single-family detached dwelling.
(b)
One off-street parking space shall be provided
for each rental unit, plus employee parking. To the maximum extent
feasible, off-street parking spaces for the bed-and-breakfast inn
shall be: a) located either to the side or rear of the principal building;
and b) screened from the street and abutting dwellings by landscaping.
Off-street parking spaces shall be set back a minimum of 10 feet from
lot lines.
(c)
There shall not be any signs, show windows or
any type of display or advertising visible from outside the premises,
except for a single sign with a maximum sign area of eight square
feet on each of two sides and with a maximum height of eight feet.
No internal lighting of the sign shall be permitted.
(d)
Within a residential district, the use shall
have a residential appearance and character. Within the A District,
the use shall have a residential or agricultural appearance and character.
(e)
The use shall be owned, operated or managed
by permanent residents of the lot.
(f)
There shall not be separate cooking facilities
in any guest room. Food shall only be served to guests who are staying
overnight, unless a restaurant is also permitted.
(g)
No guest shall stay for more than 14 days in
any month.
(h)
In a residential district, a bed-and-breakfast
shall only be allowed in an existing building that contains more than
2,500 square feet of indoor floor area and that was constructed prior
to January 1, 1950.
(11)
Boardinghouse (includes rooming house).
(a)
Minimum lot area: one acre.
(b)
Minimum side yard building setback: 30 feet
side.
(c)
Minimum lot mso-element-frame-width: 200 feet.
(d)
Maximum density: six bedrooms per acre, but
in no case shall the lot serve a total of more than 20 persons.
(e)
Each bedroom shall be limited to two adults
each.
(f)
A buffer yard with screening meeting § 285-65 shall be provided between any boardinghouse building and any abutting dwelling.
(g)
Note: There are separate standards for an assisted
living facility, which is not considered a boardinghouse.
(h)
Signs shall be limited to two wall signs with
a maximum of two square feet each.
(i)
Rooms shall be rented for a minimum period of
five consecutive days.
(12)
Campground, camp or recreational vehicle campground
(a)
Within a residential district, for each acre
of total lot area, there shall be a maximum average of: a) five recreational
vehicle sites (where allowed); b) 10 tent sites; or c) cabin sleeping
capacity for 20 persons. Such sites may be clustered in portions of
the tract. Such maximum density shall not apply within a commercial
district.
(b)
Retail sales shall be allowed as an accessory
use. Within a residential district, any store shall be limited to
sales of recreational, household, food, gift and camping items. Within
a residential district, any store shall be primarily intended to serve
persons camping on the site.
(c)
For a campground (which includes a recreational
vehicle campground), the requirements of the Subdivision and Land
Development Ordinance shall also apply.
(d)
Minimum lot area: five acres in an allowed commercial or industrial district, 10 acres in any other district where the use is permitted under Article III.
(e)
All campsites, recreational vehicle sites and
principal commercial buildings shall be set back a minimum of 75 feet
from any contiguous lot line of an existing dwelling that is not part
of the campground or camp. Within this buffer, the applicant shall
prove to the maximum extent feasible that any existing healthy trees
will be maintained and preserved. Where healthy mature trees do not
exist within this buffer and if practical considering soil and topographic
conditions, new trees shall be planted within this buffer.
[1]
The screening of evergreens provided in § 285-65 between business and residential uses is not required if the tree buffer would essentially serve the same purpose or if removal of mature trees would be needed to plant the shrubs.
[2]
Removal of trees within this buffer shall be
allowed for necessary approximately perpendicular street, stormwater
channel, driveway and utility crossings and to provide safe sight
distance.
(g)
Maximum impervious coverage. Within a residential district: 10%, which shall include the typical lot area covered by recreational vehicles at full capacity. Within any other district, the maximum impervious coverage shall be the percentage that applies to that zoning district in § 285-27A.
(h)
No person other than a bona fide resident manager/caretaker
shall reside on the site for more than six months in any calendar
year. No recreational vehicle shall be occupied on the site for more
than six months in any calendar year by any one individual or one
family, other than a resident manager/caretaker.
(13)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets. On-lot traffic circulation channels
and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper
and convenient disposal of refuse. The applicant shall provide evidence
that adequate measures will be in place to prevent pollutants from
being washed into the groundwater or waterways. Any chemicals or polluted
runoff that may be hazardous to aquatic life shall be stored within
an area that will completely contain any leaks, spills or polluted
runoff.
(c)
Water from the car wash operation shall not
flow onto sidewalks or streets in such a manner as could cause ice
hazards.
(d)
Any car wash that is located within 250 feet
of an existing dwelling shall not operate between the hours of 10:00
p.m. and 7:00 a.m.
(e)
No portion of a car wash shall be located within
100 feet from the center line of a perennial waterway.
(f)
Minimum lot area: five acres, which shall be
reduced to one acre if the applicant proves that most of the water
used in the operation will be recycled on site.
(14)
Cemetery.
(a)
Minimum lot area: two acres, which may be on
the same lot as an allowed place of worship.
(b)
A crematorium, where allowed by Article III, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
(c)
All structures and graves shall be set back
a minimum of: 30 feet from the future right-of-way of any public street,
10 feet from the cartway of an internal driveway, and 20 feet from
any other lot line. Any buildings with a height greater than 20 feet
shall be set back a minimum of 50 feet from all lot lines.
(d)
No grave sites and no structures shall be located
within the one-hundred-year floodplain.
(e)
The applicant shall prove to the satisfaction
of the Zoning Officer, based upon review by the Township Solicitor,
that the use will include an appropriate financial system to guarantee
perpetual maintenance.
(15)
Commercial communications antenna/tower as principal
or accessory use.
(a)
An accessory commercial communications antenna
shall be permitted by right in any district if it meets the following
requirements:
[1]
In a district other than a commercial or industrial
district, the antenna shall extend a maximum of 20 feet beyond the
existing structure to which it is attached. The antenna shall be attached
to one of the following existing lawful structures:
[2]
In a commercial or industrial district, the
antenna shall extend a maximum of 40 feet beyond an existing building
or structure (other than a dwelling), provided the antenna is set
back a distance equal to its total height above the ground from any
lot line of a dwelling on another lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection A(15)(a) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 285-26 and in compliance with the following additional regulations:
[1]
Such antenna/tower shall be set back from all
lot lines and street rights-of-way a distance that is greater than
the total height of the antenna/tower above the surrounding ground
level. The Board of Supervisors may permit an easement arrangement
to be used without meeting the setback requirement from the edge of
the leased area, provided that there are legal safeguards to ensure
that the setback will continue to be met over time from a lot line.
[2]
A new tower, other than a tower on a lot of
an emergency services station, shall be set back the following minimum
distance from any existing dwelling: 300 feet plus the total height
of the tower above the surrounding ground level.
[3]
A tower attached to the ground shall be surrounded
by a security fence/gate with a minimum height of eight feet and evergreen
plantings or preserved vegetation with an initial minimum height of
four feet.
[5]
The applicant shall describe in writing the
policies that will be used to offer space on a tower to other communications
providers, which shall serve to minimize the total number of towers
necessary in the region. This policy shall be designed to minimize
the total number of towers necessary in the Township.
[6]
An applicant for a new commercial communications
tower shall provide evidence to the Board of Supervisors (the Board)
that they have investigated collocating their facilities on an existing
tower and other tall structures and have found such alternative to
be unworkable. The reasons shall be provided.
[7]
A maximum total height of 200 feet above the
ground shall apply in a commercial and industrial district and 150
feet in any other district where it may be allowed, unless the applicant
proves to the Board of Supervisors as a conditional use that a taller
height is absolutely necessary and unavoidable.
[8]
The application shall describe any proposed
lighting. The Board may require lighting of an antenna even if it
will not be required by the Federal Aviation Administration. Such
lighting is intended to provide protection for emergency medical helicopters.
Strobe lighting shall not be used, but flashing lights may be used.
[9]
A new tower shall be designed in a manner that
minimizes its visual intrusiveness and environmental impacts to the
maximum extent feasible. For example, monopole designs or designs
worked into a flagpole are preferred over lattice designs. Self-supporting
towers are preferred over towers with guy wires that would require
removal of larger numbers of trees.
(c)
Purposes. These provisions for commercial communications
antennas/towers are primarily designed to serve the following purposes,
in addition to the overall objectives of this chapter:
[1]
To protect property values.
[2]
To minimize the visual impact of antennas/towers,
particularly considering the importance of the scenic beauty of the
area in attracting visitors for outdoor recreation.
[3]
To minimize the number and heights of towers
in a manner that still provides for adequate telecommunications services
and competition.
(d)
A tower/antenna that is intended to primarily
serve emergency communications by a Township-recognized police, fire
or ambulance organization and is on the same lot as an emergency services
station shall be permitted by right. Such tower/antenna may also serve
commercial purposes.
(e)
Any antenna and tower that is no longer in active
use shall be completely removed within six months after the discontinuance
of use. The operator shall notify the Zoning Officer in writing after
the antenna or tower use is no longer in active use. Any lease shall
require such removal by the owner of the antenna/tower. Any lease
should provide that the lease shall expire once the antenna/tower
is removed. The Board of Supervisors may require that a financial
guarantee be posted to pay for removal of the tower if the Board determines
such guarantee is needed.
(f)
All accessory utility buildings or cabinets
shall: have a maximum total floor area of 400 square feet (which may
divided among adjacent buildings serving separate companies), have
a maximum height of 10 feet and meet principal building setbacks.
(g)
No new or existing antenna shall cause interference
with public safety telecommunications. The Township may require the
applicant for a new commercial communications tower to submit a study
by a radio frequency engineer or other qualified professional to analyze
the threat of interference. The study shall also show that the tower
and antenna will not create interference with other communications
systems, such as amateur ham radio operators.
|
NOTE: Composting as a principal use: The provisions for composting in § 285-43 shall apply.
|
(16)
Conversion of an existing building (including
an existing dwelling) into dwelling units.
(a)
See Article III, which regulates where conversions are permitted. Applicable state firesafety requirements shall be met.
(b)
The following regulations shall apply to the
conversion of an existing one-family dwelling into a greater number
of dwelling units:
[1]
The building shall maintain the appearance of
a one-family dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may internally share the single front entrance.
[2]
The conversion shall not be permitted if it
would require the placement of an exterior stairway on the front of
the building or would require the placement of more than three off-street
parking spaces in the required front yard.
(c)
A previously residential building shall maintain
a clearly residential appearance, except as may be necessary for restoration
of a historic building.
(e)
A maximum total of four dwelling units may be
developed per lot unless a more restrictive provision is established
by another section of this chapter, unless the building included more
than 4,000 square feet of existing aboveground building floor area
at the time of adoption of this chapter, in which case a maximum of
one dwelling unit shall be allowed for each 1,000 square feet of existing
interior aboveground building floor area.
(17)
Day-care center, child.
(b)
The use shall comply with any applicable state
and federal regulations, including having an appropriate Pennsylvania
Department of Public Welfare (or its successor agency) registration
certificate or license.
(c)
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as
a principal use, a day-care use shall have a minimum lot area of 30,000
square feet and a minimum setback for buildings and outdoor play areas
of 25 feet from an abutting residential lot line.
(e)
The use shall include secure fencing around
outdoor play areas.
(f)
This use shall not be conducted in a dwelling
that is physically attached to another dwelling that does not have
a common owner.
(g)
In residential districts, any permitted day-care
use shall maintain an exterior appearance that resembles and is compatible
with any existing dwellings in the neighborhood.
(h)
A day-care use may occur in a building that
also includes permitted or nonconforming dwelling units.
(i)
See also the standards for a place of worship
in this section, which allow a day-care center as an adjunct use.
(18)
Emergency services station.
(a)
The following uses shall be allowed as accessory uses to the principal use of a fire company station: a banquet hall, bingo games, fairgrounds for periodic special events, indoor rental storage, and auction house. Any building(s) detached from the fire company station that are used for such purposes shall: 1) not cover more than 10% of the total lot area; and 2) be set back a minimum of 60 feet from the lot line of an existing dwelling and be separated from such residential lot line by a buffer yard meeting § 285-65.
(19)
Farm service business.
[Added 4-13-2020 by Ord.
No. 259[4]]
(a)
Any new building constructed for a farm service business and any
new parking area for trucks shall be set back a minimum of 100 feet
from any lot line of an existing dwelling, unless a larger setback
is required by another section of this chapter. The total of all building
floor areas used for a farm service business shall not exceed 15,000
square feet. This 15,000 square foot limit shall only apply to buildings
constructed after the effective date of this chapter. A farm service
business may also use buildings of any size that existed prior to
the effective date of this chapter.
(b)
The following shall apply for farm service businesses in the Agricultural
District:
[1]
The maximum total impervious coverage for a farm service business
use in the Agricultural District shall be 30%.
[2]
All buildings shall maintain a residential or agricultural appearance,
as viewed from the street.
[3]
Any manufacturing operations shall be of a custom nature and shall
be conducted primarily indoors.
[4]
The business shall not generate noxious odors, noise or glare beyond
amounts that are typically generated by agricultural operations. Nonagricultural
operations shall not routinely occur in a manner that generates traffic
or noise heard by neighbors between the hours of 9:00 p.m. and 7:00
a.m.
[5]
Only one sign shall advertise a farm service business, which shall
have a maximum sign area of 10 square feet on each of two sides, and
which shall not be internally illuminated, and which shall have a
maximum height of eight feet
[6]
Only one building dedicated to the farm service business shall be
permitted per lot.
[7]
This use may be approved on a lawful existing lot with no less than
one and no more than five acres.
(c)
One off-street parking space shall be provided per employee. In addition,
the applicant shall prove to the Zoning Officer that sufficient parking
will be available for customers, which is not required to be paved.
(d)
The use shall not involve the storage or use of highly hazardous,
toxic, radioactive, flammable or explosive substances, other than
types typically used in agriculture or a household.
(e)
Landscaping shall be placed between any outdoor storage of nonagricultural
materials or products and any adjacent dwelling from which storage
would be visible.
(f)
The lot shall have provisions for trucks to turn around on the site
without backing onto a public street. When conditional use approval
is required, the Zoning Hearing Board shall consider the suitability
of the adjacent roads for the amount and weights of truck traffic
that will be generated.
[4]
Editor’s Note: This ordinance also renumbered former
Subsection A(19) through (53) as Subsection A(20) through (54), respectively.
(20)
Forestry. See "timber harvesting" in this section.
(21)
Golf course. A golf course may include a restaurant
or clubhouse, provided that such building is located a minimum of
150 feet away from any lot line of an existing dwelling. The maximum
impervious area covered by man-made surfaces shall not exceed 5% of
the total lot area of the golf course.
(22)
Groundwater or spring water withdrawal involving
removal of an averaging of more than 10,000 gallons per day from a
lot for off-site consumption. (Note: If the water is being utilized
for uses on adjacent lots or as part of a public water system, it
shall not be considered off-site consumption.)
(a)
See § 285-29G. The regulations of this Subsection A(21) shall not apply to water used by a principal agricultural use within the Township.
(b)
If the water will be trucked off site, the applicant
shall provide a written report by a professional engineer with substantial
experience in traffic engineering. Such study shall analyze the suitability
of the area street system to accommodate the truck traffic that will
be generated. The application shall only be approved if the applicant
proves to the satisfaction of the Board of Supervisors that the area
street system is suitable in terms of structure, geometry, safety
and capacity to accommodate the additional truck traffic.
(c)
If the water will be trucked off site, any area
used for loading or unloading of tractor-trailer trucks shall be set
back a minimum of 150 feet from any adjacent residential lot.
(d)
Minimum lot area: five acres, plus an additional
five acres for each 20,000 gallons per day of capacity of withdrawal,
up to a maximum of 100 acres.
(23)
Group homes. Group homes are permitted within
a lawful dwelling unit, provided the following additional requirements
are met:
(b)
A group home shall not include any use meeting
the definition of a treatment center.
(c)
A group home shall include the housing of a
maximum of six unrelated persons, except:
(d)
The facility shall have adequate trained staff
supervision for the number and type of residents. If the facility
involves five or more residents, then twenty-four-hour on-site staffing
shall be provided.
(e)
The applicant shall provide evidence of any
applicable federal, state or county licensing or certification to
the Zoning Officer.
(f)
The group home shall register in writing its
location, general type of treatment/care, maximum number of residents
and sponsoring agency with the Zoning Officer.
(g)
Any medical or counseling services shall be
limited to a maximum of three nonresidents per day. Any staff meetings
shall be limited to a maximum of five persons at one time.
(i)
If a group home is in a residential district,
an appearance shall be maintained that is closely similar to nearby
dwellings, and no sign shall identify the use.
(j)
The persons living on site shall function as
a common household unit.
(k)
The applicant shall notify the local ambulance
and fire services of the presence of the group home and the type of
residents.
(l)
An off-street parking space shall be provided
for the largest vehicle that serves the use.
(m)
The building shall have lighted exit lights,
emergency lighting and interconnected smoke alarms.
(24)
Heliport.
(a)
The applicant shall prove that the heliport
has been located and designed to minimize noise nuisances to other
properties.
(b)
The Zoning Hearing Board may place conditions
on the size of helicopters, frequency of use, fueling facilities and
hours of operation to minimize nuisances and hazards to other properties.
(26)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material
is prohibited, other than what is customarily generated on site and
routinely awaiting pickup.
(b)
Outdoor storage of junk shall be at least: a)
100 feet from any residential lot line; and b) 50 feet from any other
lot line and the existing right-of-way of any public street.
(c)
The site shall contain a minimum of two exterior
points of access, each of which is not less than 20 feet in width.
One of these accesses may be limited to emergency vehicles. Cleared
driveways shall be provided throughout the entire use to allow access
by emergency vehicles. Adequate off-street parking areas shall be
provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 285-65, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All gasoline, antifreeze and oil shall be drained
from all vehicles and properly disposed of. All batteries shall be
removed from vehicles and properly stored in a suitable area on an
impervious and properly drained surface.
(h)
Lot area: two acres minimum; 20 acres maximum.
(j)
Any storage of junk shall be maintained a minimum
distance of 100 feet from the center line of any waterway and shall
be kept out of a drainage swale.
(27)
Kennel.
(a)
All buildings in which animals are housed (other
than buildings that are completely soundproofed and air conditioned)
and all runs outside of buildings shall be located at least 150 feet
from all residential lot lines. This one-hundred-fifty-foot setback
shall be increased to 200 feet if more than 20 dogs are kept overnight
on the lot and be increased to 250 feet if more than 50 dogs are kept
overnight on the lot.
(b)
Buildings shall be adequately soundproofed so
that sounds generated within the buildings cannot routinely be heard
within any principal building on another lot.
(c)
No animal shall be permitted to use outdoor
runs from 9:00 p.m. to 8:00 a.m. that are within 250 feet of an existing
dwelling. Runs for dogs shall be separated from each other by visual
barriers a minimum of four feet in height, to minimize dog barking.
(d)
See state law regulating kennels.
(e)
Minimum lot area: six acres, unless a larger
lot area is required by another section of this chapter.
(28)
Livestock and poultry, raising of.
(b)
Except for an intensive raising of livestock
or poultry use, any building or concentrated feeding areas for the
keeping of livestock or poultry shall be located a minimum of: 1)
300 feet from a lot in a residential district; 2) 200 feet from an
existing dwelling that is not within a residential district; 3) 50
feet from all other exterior lot lines. As a special exception use,
the Zoning Hearing Board may approve a smaller setback for the expansion
of facilities that existed prior to the adoption of this section where
the applicant proves that there is no reasonable and feasible alternative
and where the applicant proves that the lesser distance would not
be detrimental to public health or safety or create significant hazards
or nuisances.
(c)
For an intensive raising of livestock or poultry
use, any building or concentrated feeding areas for the keeping of
livestock or poultry shall be located a minimum of: 1) 600 feet from
a lot in a residential district; 2) 200 feet from an existing dwelling
that is not within a residential district; and 3) 100 feet from all
other exterior lot lines. As a special exception use, the Zoning Hearing
Board may approve a smaller setback for the expansion of facilities
that existed prior to the adoption of this section where the applicant
proves that there is no reasonable and feasible alternative and where
the applicant proves that the lesser distance would not be detrimental
to public health or safety or create significant hazards or nuisances.
(d)
The setbacks from property lines provided in this Subsection A for this use shall not apply from:
(e)
Fencing shall be used as necessary and practical
to prevent livestock from entering streets or unauthorized property.
(f)
The keeping of putrescent garbage-fed swine
shall meet the setbacks for an intensive raising of livestock or poultry
use. See the State Domestic Animal Law provisions regarding garbage-fed
animals.
(g)
For a new or expanded raising of livestock or
poultry use, evidence shall be provided by the operator/applicant
to the Township to show that there will be compliance with procedures
and requirements of the State Nutrient Management Act and accompanying
state regulations.
(h)
Buildings used for the keeping of livestock
or poultry shall:
(i)
For manure storage facilities that are specifically
required to have a setback from lot lines under the State Nutrient
Management Regulations, that state setback shall apply. For any other
manure storage facilities, a one-hundred-foot minimum setback shall
apply from all lot lines.
(j)
The following additional requirements shall
apply to an intensive raising of livestock or poultry use:
[1]
The applicant shall provide a soil and erosion
control plan to the County Conservation District for review and pay
its review fees.
[2]
The applicant shall describe in writing or on
site plans methods that will be used to address water pollution and
insect and odor nuisances. The applicant shall provide a written comparison
of proposed methods of controlling insect and odor nuisances and avoiding
water pollution to applicable sections of the Pennsylvania Soil and
Water Conservation Technical Guide as published by the U.S. Department
of Agriculture and the State Department of Environmental Protection's
Manure Management Manual for Environmental Protection, or their successor
publications. The applicant may meet this requirement by providing
a cross-reference to certain sections of such manuals or other written
industry standards to describe the methods that will be used.
[3]
The Township is not intended to be the enforcement
body for water pollution, odor and insect issues involving livestock
and poultry uses. This Subsection A(27)(j) shall not apply to land
application of biosolids.
[4]
The location of the facility is requested to
consider prevailing wind patterns as they may affect the nearest existing
dwellings.
[5]
An area shall be provided for trucks to turn
around on the property that avoids the need to back out onto a public
road.
(29)
Medical residential campus (MRC).
(a)
The MRC shall primarily serve the needs of retirement-aged
persons. At least one resident of each household shall be at least
55 years old, or possess a physical disability or illness that causes
a need for a setting like the medical residential campus.
(b)
The MRC shall achieve a balanced residential/medical
environment which cannot be achieved through the use of conventional
zoning techniques.
(c)
Residences shall be functionally, physically
and architecturally integrated with medical service and recreational
activity centers.
(d)
Commercial, medical and recreational uses shall
be grouped together and located near the populations being served.
(e)
Minimum tract area: 25 contiguous acres.
(f)
The site shall front on and have access to a
collector or arterial road as identified in the Comprehensive Plan.
(g)
All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned land and 50 feet from all other lot lines of the campus property. All other requirements relating to buffering and screening shall be applied in accordance with § 285-65D.
[Amended 12-10-2007 by Ord. No. 202]
(h)
The maximum permitted overall density is 10 dwelling units per acre, except such density shall be six dwelling units per acre in the R-1 District. The R-1 District may be increased to a maximum of up to eight dwelling units per acre if transfer of development units is used under § 285-33. For purposes of this section, any two beds that are not within a dwelling unit shall be calculated as one dwelling unit for the purposes of density. No more than 50% of the total number of permitted dwelling units shall consist of beds that are not within dwelling units. Examples of such beds would include, but not be limited to, those associated with medical and/or nursing care or those associated with congregate or communal living quarters.
(i)
All buildings or structures used solely for
residential purposes shall be set back at least 50 feet from all lot
lines of the campus property. Within the R-1 District, the only type
of principal building that shall be allowed within 150 feet from an
existing lot that is occupied by a dwelling as of the enactment date
of this chapter, and that is zoned R-1 or R-2, shall be a single-family
detached dwelling.
[Amended 12-10-2007 by Ord. No. 202]
(j)
The maximum permitted height is 60 feet, provided
that an additional two feet of required building setback shall be
provided for that portion of building height exceeding 35 feet. However,
within the R-1 District, no building shall exceed 35 feet.
(k)
No more than 60% of the subject property shall
be covered with buildings, parking and loading areas and/or other
impervious surfaces.
(l)
Parking spaces for persons with disabilities shall meet the requirements of Article VI. Such spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they serve.
(m)
Only those uses which provide a harmonious,
balanced mix of medical, residential, limited commercial and recreational
uses, primarily serving campus residents, and public, quasi-public
and medical services for the off-campus retirement-aged community
will be permitted. Allowed uses in a district other than R-1 shall
include the following:
[1]
Dwellings, nursing homes, personal care/assisted
living centers, and congregate living facilities for persons aged
55 or older or persons with physical disabilities;
[2]
Medical facilities, including offices, laboratories,
clinics, professional or para-medical training centers, and ambulatory
care facilities;
[3]
Commercial uses which are strictly related and
subordinate to the residential/medical character of the campus and
which directly serve the residents and employees of, or visitors to,
the center. The uses should be chosen to reflect their local orientation
to the immediate campus vicinity and should be of a size and scope
so as not to interfere with existing or proposed retail uses located
in the off-campus area;
[4]
Recreational and social uses, such as athletic
facilities, community centers and assembly halls, limited to use only
by campus residents, employees or visitors.
(n)
Allowed uses in the R-1 District shall only
include the following:
[1]
Single-family detached dwellings, twin dwellings,
townhouses and apartments, provided at least one resident of each
dwelling shall be aged 55 or older or a person with physical disabilities.
[2]
Personal care/assisted living centers.
[3]
Accessory recreational facilities and activity
rooms for residents of the MRC.
[4]
Accessory maintenance and housekeeping facilities
to serve the MRC.
[5]
Nursing and emergency medical services to serve
residents of the MRC.
[6]
A nonresidential building in the R-1 District
shall not exceed a total aboveground building floor area of 3,000
square feet.
(31)
Mineral extraction.
(a)
If a mineral extraction use involves mining
activities over more than two acres of land in any calendar year,
then the following additional requirements shall be met:
[1]
The applicant shall prove that a continuous
route over roads will be available and will be used by trucks leaving
the use that entirely involves roads with a minimum paved cartway
width of 18 feet from the exit driveway of the mineral extraction
use to reach Routes 222, 30 or 272. This route shall consider any
improvements that the applicant proposes to fund.
[2]
A copy of all information submitted to state
agencies shall also be submitted to the Zoning Officer at the same
time.
[3]
A detailed and appropriate land reclamation
and reuse plan of the area to be excavated shall be submitted to the
Zoning Officer. Compliance with such plan shall be a condition of
Township permits.
[4]
After areas are used for mineral extraction,
those areas shall be reclaimed in phases to a nonhazardous and environmentally
sound state, permitting some productive or beneficial future use.
[5]
A fifty-foot-wide yard covered by natural vegetative
ground cover (except at approved driveway crossings) shall be required
along all exterior lot lines that are within 200 feet of an area of
excavation. This yard shall include an earth berm with a minimum average
height of six feet and an average of one shade tree for each 40 feet
of distance along the lot lines. Such shade trees shall be planted
outside of any berm and any fence.
[a]
New trees shall not be required
where preserved trees will serve the same purpose.
[6]
The following minimum setbacks shall apply for
the excavated area of a mineral extraction use from property that
is not owned by the owner or operator of the mineral extraction use:
[a]
One hundred feet from the existing
right-of-way of public streets and from all exterior lot lines of
the property;
[b]
One hundred fifty feet from a nonresidential
principal building, unless released by the owner thereof;
[c]
Four hundred feet from the lot
line of a dwelling;
[d]
One hundred fifty feet from the
lot line of a publicly owned recreation area that existed at time
of the application for the use or expansion.
[7]
The excavated area of a mineral extraction use
shall be set back 150 feet from the average waterline of a perennial
stream or the edge of a natural wetland of more than two acres.
[8]
Truck access to the use shall be located to
reasonably minimize hazards on public streets and dust and noise nuisances
to residences.
[9]
Fencing. Fencing shall be required in locations
where needed to protect public safety. As an alternative, the Board
of Supervisors may approve the use of thorny vegetation to discourage
public access. Also, warning signs shall be placed around the outer
edge of the use.
[10]
Hours of operation. The Board
of Supervisors, as a condition of conditional use approval, may reasonably
limit the hours of operation of the use and of related trucking and
blasting operations to protect the character of adjacent residential
areas.
[11]
The activities and residual effects
shall not create conditions that are significantly hazardous to the
health and safety of neighboring residents.
[12]
The Township may require that
the applicant post financial security to cover the costs of damage
that may occur to entrances and exits to public roads as a result
of the trucks carrying mining materials.
[13]
A plan shall be submitted showing
sequential phases of mining activities on the land. Mining activities
shall be conducted on a maximum of 50 acres at a time. Reclamation
shall be initiated on one phase before the next phase is opened for
mining.
[14]
A plan shall be submitted showing
how dust will be controlled.
(32)
Mobile/manufactured home. Installed on an individual
lot or within a mobile/manufactured home park approved after the adoption
of this chapter.
(a)
Construction. Any mobile/manufactured home placed
on any lot after the adoption of this chapter shall be constructed
in accordance with 1976 or later Safety and Construction Standards
of the U.S. Department of Housing and Urban Development. (Note: These
federal standards supersede local construction codes for the actual
construction of the home itself.)
(b)
Each site shall be graded to provide a stable
and well-drained area.
(c)
Each home shall have hitch and tires removed.
(d)
Anchoring. A mobile/manufactured home on an
individual lot or mobile/manufactured home park shall include a system
that properly secures the home to the ground to prevent shifting,
overturning or uneven settling of the home. The requirements of the
construction codes shall apply, in addition to the manufacturer's
specifications for installation.
(e)
Foundation treatment. The space between the
bottom of the home and the ground and/or home pad shall be enclosed
using a durable fire-resistant material that has the appearance of
a foundation of a site-built home, such as material with a concrete-type
or stucco facing. This Subsection A(31)(e) shall not apply within
a manufactured/mobile home park. Metal skirting may only be permitted
within a manufactured/mobile home park. Provisions shall be provided
for access to utility connections under the home.
(f)
If a mobile/manufactured home is in a R-1 or
R-2 District and is not within a mobile/manufactured home park, it
shall have a minimum roof pitch of 5/12.
(33)
Mobile/manufactured home park.
(a)
Plans and permits. Plans shall be submitted
and reviewed by the Township for all mobile/manufactured home parks
in compliance with the mobile/manufactured home park provisions of
the Subdivision and Land Development Ordinance[6] and all other provisions of such ordinance that apply
to a land development, including the submission, approval and improvements
provisions (other than specific provisions altered by this section).
(b)
The minimum tract area shall be three contiguous acres, unless a larger tract area is required by § 285-26 in a particular zoning district. This minimum tract area shall be under single ownership.
(c)
Density. The maximum average density of the
tract shall be four dwelling units per acre.
[1]
To calculate this density land in common open
space or proposed streets within the park may be included, but land
within the one-hundred-year floodplain, wetlands and slopes over 25%
shall not be included.
(d)
Landscaped perimeter. Each mobile/manufactured
home park shall include a thirty-five-foot-wide landscaped area including
substantial attractive evergreen and deciduous trees around the perimeter
of the site, except where such landscaping would obstruct safe sight
distances for traffic. A planting plan for such area shall be approved
by the Board of Supervisors as part of any required conditional use
approval. Such landscaped area shall not be required between adjacent
mobile home park developments. The same area of land may count towards
both the landscaped area and the building setback requirements.
(e)
A dwelling, including any attached accessory
building, shall be set back a minimum of 25 feet from another dwelling
within the mobile home park, except that unenclosed porches, awnings
and decks may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and edge
of interior street cartway or parking court cartway shall be 25 feet.
(g)
The minimum principal and accessory building
setbacks from exterior/boundary lot lines and rights-of-way of preexisting
public streets shall be 50 feet.
(h)
Each home shall comply with the requirements
for "mobile/manufactured homes" stated in the preceding subsection.
(i)
Accessory structures. A detached accessory structure
or garage shall be separated a minimum of 15 feet from any dwelling
units which the accessory structure is not accessory to.
(j)
Common open space for a mobile home park. A
minimum of 20% of the total lot area of the entire mobile home park
shall be set aside as common open space for the residents. The applicant
shall prove that these areas will be suitable for active or passive
recreation. If a development will not be restricted to persons over
age 55, then the common open space shall at a minimum include a rectangular
grass field 100 feet by 200 feet suitable for free play by young persons.
If a development will be restricted to persons over age 55, then the
common open space shall at a minimum include landscaped paved trails.
A recreation building or pool available to all residents of the development
may count towards this requirement.
(k)
Streets.
[1]
Access to individual mobile home spaces shall
be from interior parking courts, access drives or private streets
and shall not be from public streets exterior to the development.
[2]
Streets within the mobile home park that provide
access to reach 20 or more dwellings shall have a minimum paved cartway
of 24 feet, and other local private streets or parking courts serving
less than 20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the
private streets, but all private streets shall meet all other Township
cartway construction standards.
(l)
Utilities. All units within the mobile home
park shall be connected to a central water and a public sewage system.
The system shall meet appropriate minimum water pressure/fire flow
and hydrant requirements. The applicant shall prove that adequate
provisions are made for solid waste disposal.
(m)
Along through-streets, a minimum nighttime lighting
level of 0.2 footcandle shall be maintained, at no expense to the
Township.
(34)
Motor vehicle racetrack.
(a)
All areas used for the racing, testing and maintenance
of motor vehicles shall be set back a minimum of 400 feet from the
lot line of an existing dwelling.
(b)
All buildings, parking, loading and unloading
areas shall be set back a minimum of 150 feet from the lot line of
an existing dwelling.
(c)
The applicant shall prove that the standards of Article V will be met, including noise, lighting and dust.
(d)
Minimum lot area: 50 acres.
(35)
Multifamily dwellings. See "Townhouses and multifamily
dwellings" in this section.
(38)
Picnic grove, private.
(39)
Place of worship.
(a)
Minimum lot area: Two acres in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article III for that district. Maximum lot area in the A District: five acres.
(b)
Weekly religious education rooms and meeting
rooms are permitted accessory uses, provided that such uses are of
such a character and intensity that they would be clearly customary
and incidental to the place of worship. A primary or secondary school
and/or a child or adult day-care center may be approved on the same
lot as a place of worship, provided the requirements for such uses
are also met. Noncommercial buses used primarily to transport persons
to and from religious services or a permitted school on the lot may
be parked on the lot. Other uses shall only be allowed if all of the
requirements for such uses are also met, including being permitted
in the applicable district.
(c)
A maximum of one dwelling unit may be accessory
to a place of worship on the same lot to house employees of the place
of worship and/or an employee and his/her family. Such dwelling shall
meet the maximum number of unrelated persons in the definition of
a family. No other residential use shall be allowed.
(d)
If within a residential district, any new place
of worship shall be adjacent to an existing collector or arterial
street that is in public ownership.
(e)
Minimum building setback from a lot line of
an existing dwelling in a residential district: 60 feet.
(f)
Minimum parking setback from a lot line of an
existing dwelling in a residential district: 20 feet.
(40)
Recreation, outdoor.
(a)
Active outdoor recreation facilities (not including
trails) and buildings shall be set back a minimum of 50 feet from
the lot line of an existing dwelling.
(b)
This term shall not include "publicly owned
recreation" or a golf course.
(c)
See provisions for a nonhousehold swimming pool
in this section.
(e)
In a residential district, the minimum lot area
shall be 2.5 acres, unless a more restrictive lot area is established
by another section of this chapter.
(f)
Maximum impervious coverage in any residential district: 20%. In any other district, the use shall meet the district provisions of § 285-27A.
(g)
Maximum building coverage in any residential
district: 15%.
(i)
Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot-wide buffer yard in accordance with § 285-65 shall be required.
(j)
Hours of operation. In a residential district,
active recreation facilities shall be conducted only between the hours
of 6:00 a.m. and 10:00 p.m., unless differing hours are established
as a condition of any needed Zoning Hearing Board or Board of Supervisors
approval.
(k)
Any restaurant, tavern, retail store, target
range, camp, campground or commercial picnic ground use shall only
be allowed if those uses are permitted in the applicable district
and if all requirements for each such use(s) are also met.
(41)
Recycling collection center.
(a)
This use shall not be bound by the requirements
of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers,
with appropriate sanitary measures and frequent enough emptying to
prevent the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement
of trucks if needed and for off-street parking.
(d)
A twenty-foot-wide buffer yard with screening as described in § 285-65 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use,
including being an accessory use to a commercial use, an industrial
use, a public or private primary or secondary school, a place of worship
or a Township-owned use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same
character as the following materials: paper, fabric, cardboard, plastic,
metal, aluminum and glass. No garbage shall be stored as part of the
use, except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(g)
The use shall only include the following operations:
collection, sorting, baling, loading, weighing, routine cleaning and
closely similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard.
(h)
The use shall not include the collection or
processing of pieces of metal that have a weight greater than 50 pounds,
except within an industrial district.
(i)
The use shall include the storage of a maximum
of 50 tons of materials on the site if the use is within a residential
district and within 500 feet of an existing dwelling.
(42)
Residential conversions. See "Conversions of
an existing building" within this section.
(44)
Retreat center.
(a)
Minimum lot area: 10 acres.
(b)
A retreat center may be used for scheduled activities
for groups, which shall include seminars, lectures and worship and
accessory overnight accommodations, meals and active or passive recreation
for persons attending the scheduled activity. A retreat center may
also be used for individually scheduled events such as weddings or
family reunions, provided that meals are restricted to persons attending
the event and there is no separate charge or donations for the meals.
Active and passive recreation facilities may be open to the general
public.
(c)
A retreat center shall not contain a commercial
recreation or entertainment facility.
(d)
Overnight accommodations shall be provided for
participants at retreats only. Overnight accommodations shall not
be provided to individuals who are not part of a scheduled retreat
being held at the facility.
(e)
Meals shall be provided only to persons participating
in an activity at the center. Dining areas shall not be open to the
general public.
(f)
Outdoor activities shall conclude by 11:00 p.m.,
and any lights for outdoor recreational facilities shall be extinguished
by 11:15 p.m.
(g)
Retreat centers may contain facilities for active
recreation or passive recreation. Amusement arcades, amusement rides
and adult-related facilities shall not be permitted within a retreat
center.
(h)
For any use not listed in § 285-51, a minimum of one parking space shall be provided for each 200 square feet of gross floor area of such building area. For any use not listed in § 285-51 and which does not contain a building, it shall be the responsibility of the applicant to provide credible evidence that adequate parking is provided for such use.
(i)
All water facilities, sewage disposal systems,
rest rooms, solid waste disposal and vector control shall be approved
and maintained in accordance with the requirements of DEP.
(j)
The applicant shall furnish credible evidence
that the proposed use will not be detrimental to the use of adjoining
properties due to hours of operation, noise, light, litter, dust,
pollution and traffic.
(k)
All lighting shall be arranged and shielded
so that no glare or direct illumination shall be cast upon adjacent
properties or public streets.
(l)
Where existing buildings or sites of historical
significance exist on the property, the applicant shall show how these
buildings or sites will be utilized by the proposed use and, if any
such buildings or sites are to be removed, the applicant shall provide
credible evidence as to why such buildings or sites need to be removed
and cannot be utilized for the proposed use. Where such buildings
or sites are to be renovated, the applicant shall provide credible
evidence that the renovations will not adversely alter the historic
significance of the building or site. Buildings or sites of historic
significance shall include any building or site identified as a historic
site by the West Lampeter Township Comprehensive Plan, the National
Register of Historic Places or the Historic Preservation Trust of
Lancaster County.
(m)
A public greenway easement shall be provided
along any watercourse within or adjacent to the retreat center where
such easement could be an extension of an existing greenway easement
or public open space area or where a greenway easement could be consistent
with any designated greenway as shown in a plan or study by the Township
or by any state, county or regional governmental agency. The location
and dimensions of the easement shall be adequate to accommodate the
existing or planned greenway.
(45)
School, public or private, primary or secondary.
(a)
Minimum lot area: two acres in a residential
district. In any other district, the use shall meet the standard minimum
lot area requirement for that district.
(b)
No children's play equipment, basketball courts
or illuminated recreation facilities shall be within 30 feet of a
residential lot line.
(c)
The use shall not include a dormitory unless
specifically permitted in the district.
(46)
Self-storage development.
(a)
Outdoor storage shall be limited to recreational
vehicles, boats and trailers. No junk vehicles shall be stored within
view of a public street or a dwelling.
(b)
Trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins, or similar items shall not be stored.
(c)
Nothing shall be stored in interior traffic
aisles, required off-street parking areas, loading areas or accessways.
(d)
The use shall not include a commercial auto
repair garage unless that use is permitted in the district and the
use meets those requirements.
(e)
Adequate lighting shall be provided for security,
but it shall be directed away or shielded from any adjacent residential
uses.
(g)
Minimum separation between buildings: 20 feet.
Maximum length of any building: 300 feet.
(47)
Solid waste transfer facility, solid waste landfill
or solid waste-to-energy facility.
(a)
All solid waste storage, disposal, incineration
or processing shall be at least 200 feet from the following: public
street right-of-way, exterior lot line, one-hundred-year floodplain,
edge of a surface water body (including a water-filled quarry) or
wetland of more than 1/2 acre in area.
(b)
All solid waste storage, disposal, incineration
or processing shall be a minimum of 500 feet from any residential
district, perennial creek, publicly owned park or any existing dwelling
that the applicant does not have an agreement to purchase.
(c)
The use shall be served by a minimum of two
paved access roads, each with a minimum cartway width of 24 feet.
One of these roads may be restricted to use by emergency vehicles.
(d)
No burning or incineration shall occur, except
within an approved waste-to-energy facility.
(e)
The operation and day-to-day maintenance of
the solid waste disposal area shall comply with all applicable state
and federal regulations as a condition of the continuance of any permit
of the Township. Violations of this condition shall also be considered
to be violations of this chapter.
(f)
Open dumps and open burning of refuse are prohibited.
(g)
The applicant shall prove to the satisfaction
of the Board of Supervisors that the existing street network can handle
the additional truck traffic, especially without bringing extraordinary
numbers of trash-hauling trucks through or alongside existing residential
or residentially zoned areas and especially considering the width
and slopes of streets in the Township.
(h)
The applicant shall prove to the satisfaction
of the Board of Supervisors that the use would not routinely create
noxious odors off of the tract.
(i)
A chain link or other approved fence with a
minimum height of eight feet shall surround active solid waste disposal
areas to prevent the scattering of litter and to keep out children,
unless the applicant proves to the satisfaction of the Board of Supervisors
that this is unnecessary. The Board shall require earth berms, evergreen
screening and/or shade trees, as needed, be used to prevent landfill
operations from being visible from an expressway or arterial streets
or dwellings.
(j)
A minimum lot area of 15 acres shall be required
for the first 250 tons per day of capacity to treat or dispose of
waste, plus one acre for each additional 100 tons per day of capacity.
A solid waste facility shall have a maximum total capacity of 500
tons per day.
(k)
Health hazards. Any facility shall be operated
in such a manner to prevent the attraction, harborage or breeding
of insects, rodents or vectors.
(l)
Attendant. An attendant shall be present during
all periods of operation or dumping.
(m)
Gates. Secure gates, fences, earth mounds and/or
dense vegetation shall prevent unauthorized access.
(n)
Emergency access. The operator of the use shall
cooperate fully with local emergency services. This should include
allowing practice exercises on the site and the provision of all information
needed by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(o)
Under authority granted to the Township under
Act 101 of 1988, the hours of operation shall be limited to between
7:00 a.m. and 9:00 p.m.
(q)
Litter. The operator shall regularly police
the area of the facility and surrounding streets to collect litter
that may escape from the facility or trucks.
(r)
Dangerous materials. No radioactive, hazardous,
chemotherapeutic or infectious materials may be stored, processed,
disposed or incinerated. Infectious materials are defined as medical
wastes used or created in the treatment of persons or animals with
seriously contagious diseases.
(s)
The applicant shall provide sufficient information
for the Township to determine that the requirements of this chapter
will be met.
(t)
State requirements. Nothing in this chapter
is intended to supersede any state requirements. It is the intent
of this chapter that when similar issues are regulated on both the
Township and state levels, that the stricter requirement shall apply
for each aspect, unless it is determined that an individual state
regulation preempts Township regulation in a particular aspect. The
applicant shall provide the Zoning Officer with a copy of all written
materials and plans that are submitted to PA DEP at the same time
as they are submitted to the Department of Environmental Protection.
(u)
For a solid-waste-to-energy facility or solid
waste transfer facility, all loading and unloading of solid waste
shall only occur within an enclosed building and over an impervious
surface which drains to a holding tank that is then adequately treated.
All solid waste processing and storage shall occur within enclosed
buildings or enclosed containers.
(v)
A solid waste landfill shall only be approved
if the applicant proves that a continuous route over roads is available
that entirely involves roads with a minimum paved cartway width of
18 feet between the exit driveway of the landfill and Route 222 or
272.
(48)
Stable, nonhousehold. (Includes riding academies; see also "keeping of pets" in § 285-43.)
(a)
Minimum lot area: 2.5 acres for the first horse
or similar animal, plus one acre for each additional horse or similar
animal.
(b)
Any horse barn, feed areas, manure storage areas
or stable shall be a minimum of 100 feet from any residential lot
line. Any corral or fenced-in area shall be set back a minimum of
50 feet from any residential lot line.
(c)
Manure shall be regularly collected and disposed
of in a sanitary manner that avoids nuisances to neighbors. Manure
shall be stored in a manner that prevents it from being carried off
by runoff into a creek. Manure shall not be stored within 100 feet
of a perennial waterway.
(49)
Swimming pool, nonhousehold.
(a)
The water surface shall be set back at least
50 feet from any existing dwelling.
(b)
Minimum lot area: one acre.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 285-65.
(d)
The water surface shall be surrounded by a secure,
well-maintained fence at least six feet in height.
(e)
Drainage. A proper method shall be provided
for drainage of the water from the pool that will not flood other
property.
(50)
Target range.
(a)
All target ranges shall have a barrier behind
the target area which is of sufficient height and thickness to adequately
protect the public safety.
(b)
The design of the outdoor firearms target range
shall be compared by the applicant with applicable published guidelines
of the National Rifle Association. The Zoning Hearing Board may consider
such guidelines to be the generally accepted standard for the safety
of these facilities.
(c)
An outdoor firearms target range and any firing
stations shall be located a minimum of 250 feet from any residential
lot line, unless all firing would occur within a completely enclosed
sound-resistant building. Clay pigeon shooting shall be directed away
from homes and streets.
(d)
An outdoor firearms target range shall be properly
posted. The Zoning Hearing Board may require fencing as necessary.
(f)
An indoor firearms target range shall be adequately
ventilated and/or air conditioned to allow the building to remain
completely enclosed.
(g)
A target range shall only be used for types
of firearms or other weapons for which it was specifically designed.
Automatic weapons shall not be used.
(h)
An outdoor target range shall not be used during
nighttime hours. Maximum hours and days of operation may be established
as a condition of the zoning approval.
(i)
Minimum lot area for an outdoor firearms target
range: 10 acres, unless a more restrictive provision is established
by another provision of this chapter.
(51)
Timber harvesting.
(a)
Purposes: to promote management of forests for
long-term benefits; promote good forest stewardship; protect adjoining
property owners; minimize the potential for adverse environmental
impacts; and avoid unreasonable restrictions on forestry.
(b)
Applicability: Timber harvesting shall be permitted
by right in all zoning districts, provided it complies with the requirements
of this chapter. This section shall regulate all timber harvesting
when the total harvesting area is 1/2 acre or greater in a calendar
year, which shall require a permit.
[1]
These provisions shall not regulate the following:
[a]
Cutting of up to 10% of trees with
a trunk diameter of six inches or greater (measured 3.5 feet above
the ground level) on a lot in any calendar year, provided such cutting
does not involve clear-cutting but instead involves routine thinning
of woods;
[b]
Cutting of trees with a trunk diameter
of less than six inches (measured 3.5 feet above the ground level);
[c]
Cutting of dead trees; and
[d]
Cutting of trees that the applicant
proves to the Zoning Officer is necessary to accommodate a Township-approved
subdivision, land development, street, driveway, building, utility
or use.
(c)
Application requirements. An application for
timber harvesting shall be made a minimum of 30 days prior to the
start of work. No forestry shall occur until a permit has been issued
by the Zoning Officer.
[1]
The application shall include a written timbering
plan, which shall be prepared by a qualified professional. The provisions
of the plan shall be followed throughout the operation. The plan shall
be available for inspection at the harvest site at all times during
the operation.
[2]
The landowner, the applicant and the timber
operator shall be jointly and separately responsible for complying
with the terms of the timber harvesting plan and permit.
(d)
Timber harvesting plan.
[1]
The applicant shall specify, in writing, the
land on which harvesting will occur, the expected size of the harvest
area, and the anticipated starting and completion date of the operation.
The zoning permit shall be valid for up to two years from the date
of issuance.
[2]
The timber harvesting plan shall include, at
a minimum, the following information:
[a]
A narrative of proposed cutting
practices and/or stand prescription(s) for each stand in the proposed
harvest area and the construction, maintenance and retirement of the
access system, including haul roads, skid roads, skid trails and landings;
[b]
An erosion and sedimentation control
plan approved by the County Conservation District if over one acre
will be disturbed;
[c]
All timbering activities shall
use best management practices (BMPs), which shall be shown on the
plan;
[d]
A narrative of all stream and road
crossings, including required permits from the appropriate agency;
[e]
All Township and/or PennDOT highway
occupancy permits, if applicable;
[f]
An application shall be submitted
to the Township, with a map showing waterways, drainageways, approximate
wetlands, lakes, roads, lot lines and proposed harvest areas.
[g]
The application shall also include
the name and address of the property owner and the person who will
be responsible to oversee the timber harvesting.
[h]
The application shall also show
proposed erosion and sedimentation control measures, proposed crossings
of waterways and proposed vehicle entrance and exit points onto streets.
(e)
Timber harvesting practices.
[1]
Felling or skidding on or across any public
thoroughfare is prohibited without the express written consent of
the Township or PennDOT, whichever is responsible for maintenance
of the street.
[2]
No tops or slash shall be left within 25 feet
of any public thoroughfare, property line or private roadway providing
access to adjoining residential property.
[3]
All tops and slash between 25 and 50 feet from
a public street right-of-way or private road providing access to adjoining
residential property or within 50 feet of adjoining residential property
shall be lopped so that they do not extend more than four feet above
the surface of the ground.
[4]
Streams are an important natural resource that
provide for water quality, flood control, bank stabilization and other
ecological benefits. To insure their adequate protection, timber harvesting
is prohibited within 100 feet of the top of the bank on each side
of all perennial waterways, except this distance may be reduced to
50 feet if all of the following conditions are met:
[a]
The basal area of trees in that
area within the one-hundred-foot setback shall not be reduced below
50% of the basal area present before cutting.
[b]
Trees to be cut within the one-hundred-foot
zone described shall be marked with paint or ribbons prior to the
start of timber harvesting.
[c]
All earthmoving within this area
shall be minimized or fully avoided.
[5]
No tops or slash shall be left within a stream
channel or floodway. Unless fully delineated, a floodway shall be
assumed to be all that area within 50 feet from the center of a waterway.
[6]
The use of clear-cutting must be fully justified
by a timber harvesting plan prepared by a qualified professional.
Detailed information concerning increased stormwater runoff, erosion
control and a plan to assure regeneration shall be provided. Clear-cutting
shall not be allowed on contiguous areas greater than 1/2 acre. Clear-cutting
shall be prohibited on slopes greater than 25%.
[7]
A twenty-foot minimum setback shall be maintained
for timber harvesting from a public street right-of-way and from any
lot line of property, except such lot line setback shall not apply
if the adjoining property owner provides a written, notarized and
signed waiver of the setback to the Zoning Officer.
[8]
If timber harvesting involves more than two
acres, a minimum of 30% of the forest cover (canopy) shall be kept
and the residual trees shall be well distributed to promote reforestation.
(f)
Public road responsibility. The landowner and
the operator shall be responsible for repairing any damage at locations
of entry or exit to Township roads caused by traffic associated with
the timber harvesting operation to the extent the damage is in excess
of that caused by normal traffic. The Township may require the landowner
or operator to furnish a bond to guarantee the repair of such damages.
Such bond shall remain in full force until the Zoning Officer issues
a written notification that all provisions of this chapter and the
permit have been complied with. In lieu of such bond, the operator
or landowner may post a cash deposit or certified check with the Township.
(52)
Townhouses and multifamily dwellings.
(a)
Maximum length and width of an attached grouping
of townhouses: 150 feet. Maximum number of multifamily dwellings that
shall be within a building: 12, except no maximum shall apply in a
building in which all units are permanently age-restricted to at least
one resident age 55 and older.
(b)
Paved area setback. All off-street parking spaces,
except spaces on driveways immediately in front of a carport or garage
entrance, shall be set back a minimum of 10 feet from any dwelling.
(c)
Garages. It is strongly recommended that all
Townhouses be designed so that garages and/or carports are not an
overly prominent part of the view from public streets. For this reason,
parking courts, common garage or carport structures or garages at
the rear of dwellings are encouraged instead of individual garages
opening onto the front of the building, especially for narrow townhouse
units.
(d)
Mailboxes. Any mailboxes provided within the
street right-of-way should be clustered together in an orderly and
attractive arrangement or structure. Individual freestanding mailboxes
of noncoordinated types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial
and collector streets shall be minimized to the lowest reasonable
number. No townhouse dwelling within a tract of five or more dwelling
units shall have its own driveway entering onto an arterial or collector
street.
(f)
Common open space. Unless a higher amount of
open space is required under the conservation development provisions,
a minimum of 30% of the total lot area of the development involving
townhouses and multifamily dwellings and their accessory uses shall
be set aside as common open space for the residents. The applicant
shall prove that these areas will be suitable for active or passive
recreation. This subsection shall not apply to the neighborhood development
option.
[1]
If a development includes over 30 dwelling units
that will not be restricted to at least one resident age 55 and older
and will not be time-share dwellings, then the common open space shall
at a minimum include a rectangular grass field 50 feet by 150 feet
that is suitable for free play by young persons. If all dwellings
in a development will be restricted to at least one resident age 55
and older, then the common open space shall at a minimum include landscaped
trails that are ADA-accessible.
[2]
A recreation building or pool available to all
residents of the development may count towards the open space requirement.
Areas with a width of less than 50 feet shall not count towards this
requirement. This requirement shall be in place of any requirement
for recreation land or fees under the Subdivision and Land Development
Ordinance.[7]
(53)
Treatment center.
(b)
The applicant shall provide a written description
of all conditions (such as criminal parolees, alcohol addiction) that
will cause persons to occupy the use during the life of the permit.
Any future additions to this list shall require an additional special
exception approval.
(c)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that the use will involve adequate on-site
supervision and security measures to protect public safety.
(d)
The Zoning Hearing Board may place conditions
upon the use to protect public safety, such as conditions on the types
of residents and security measures.
(e)
If the use involves five or more residents,
a suitable recreation area shall be provided that is supervised by
the center's staff.
(54)
Veterinarian office (includes animal hospital).
(a)
Minimum lot area: one acre.
(b)
Any structure in which animals are treated or
housed shall be a minimum of 30 feet from any lot line of an existing
dwelling. Buildings shall be adequately soundproofed so that sounds
generated within the buildings cannot routinely be perceived within
any adjacent dwellings.
(c)
Animals undergoing treatment may be kept as
an accessory use. However, a commercial kennel shall only be allowed
if a kennel is permitted in that district and if the applicable requirements
are met.
A.
General. Accessory buildings, structures or uses that
are clearly customary and incidental to a permitted by right, special
exception or conditional use are permitted by right, except as is
provided for in this chapter. A business shall only be conducted as
an accessory to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements
of the applicable district shall apply to every accessory building,
structure or use unless a standard that is clearly meant to be more
restrictive or less restrictive is specifically stated in this article
for a particular accessory use. Accessory structure setback requirements
shall not apply to permitted surface parking lots, fences or permitted
accessory signs.
C.
Front yard setback. No accessory structure, use or
building shall be permitted in a required minimum front yard in any
district, unless specifically permitted by this chapter.
D.
Special standards. Each accessory use shall comply
with all of the following standards listed for that use:
(1)
Accessory office.
(a)
This use specifically was written to apply within
the RV District. For other types of home offices and home-based businesses,
see the provisions in this section for "Home occupations."
(b)
This use shall be limited to an existing detached
building that includes more than 500 square feet of floor area. This
use shall only include a professional office, which shall be accessory
to a dwelling on the lot. The use shall be conducted by a resident
of the principal dwelling on the lot and a maximum of four other persons
working on site at one time, who may or may not live in the dwelling.
(c)
One off-street parking space shall be required
per nonresident employee, plus parking for the dwelling.
(d)
The use shall not involve loading or unloading
by tractor-trailer trucks.
(e)
The use shall not be conducted in a manner that
is perceptible to residents of other lots between the hours of 9:00
p.m. and 7:30 a.m.
(f)
A maximum of one sign shall be permitted, with
a maximum of two square feet on each of two sides and a maximum height
of five feet, and which shall not be illuminated
(g)
The Zoning Hearing Board may limit the intensity
of the use if determined to be necessary considering the location
and the proximity of surrounding uses.
(3)
Bees, keeping of.
(a)
The applicant shall maintain the bees in a manner
that does not create a public nuisance.
(b)
Bee colonies shall be maintained within hives.
(c)
Hives shall be located a minimum of 100 feet
from any lot line, except this setback shall be reduced to 50 feet
if a six-foot-minimum-height fence or solid hedge is located along
the adjoining lot line for a distance of at least 100 feet from the
hives.
(d)
The approval to keep bees shall be revoked if
the use is maintained in a way that results in unprovoked stinging
of persons who are located on other lots or on streets or sidewalks.
(4)
Bus shelter.
(a)
A bus shelter may be constructed in any zoning
district, provided the shelter is served by a regularly scheduled
public bus route or a retirement community shuttle service. However,
if such bus shelter includes any advertising signs, the shelter shall
only be allowed in a commercial or industrial district or along an
arterial street in another zoning district.
(b)
A zoning permit shall be required by the Township.
(c)
If the bus shelter is constructed outside of
the street right-of-way, written permission shall be obtained from
the property owner. If the bus shelter will be constructed within
a street right-of-way, written permission shall be obtained from PennDOT
or the Township, as applicable.
(d)
A bus shelter shall have a maximum floor area
of 60 square feet and be firmly anchored on a hard surface.
(e)
A bus shelter shall be constructed primarily
using clear shatter-resistant materials.
(f)
A bus shelter may include one sign with up to
two sides, each with a maximum sign area of 35 square feet, and which
may be illuminated. In addition, signs may provide public transit
information. If a bus shelter includes an advertising sign, such shelter
shall be set back a minimum of 500 feet from any other shelter with
an advertising sign.
(g)
A written agreement shall establish the party
that will be responsible for maintaining the shelter. The Township
may require that an escrow be provided to ensure proper maintenance
and/or removal of the shelter.
(h)
A bus shelter shall not obstruct a clear sight
triangle.
(i)
The Zoning Officer shall require the removal
of a bus shelter and the signs within 60 days if the Zoning Officer
becomes aware that the shelter is not being properly maintained or
if it is no longer served by a bus route.
(5)
Composting as a principal or accessory use (other
than raising of mushrooms).
(a)
All composting shall be conducted in such a
manner that does not create a fire, rodent or disease-carrying-insect
hazard and does not cause noxious odors off of the subject property.
(b)
Composting shall be permitted as an accessory
use, provided that the composting is limited to biodegradable vegetative
material, including trees, shrubs, leaves, bark and vegetable waste.
Such composting shall be kept free of other garbage and animal fats.
(c)
Minimum lot area for composting of manure that
was not generated on site: 25 acres. Any composting of manure shall
comply with the latest edition of the Pennsylvania Manure Management
Manual.
(d)
Setbacks. Composting areas of greater than one
acre shall be set back 75 feet from lot lines of abutting residential
lot lines, except that a two-hundred-foot minimum setback shall apply
from all lot lines for composting of manure that was not generated
on site.
(6)
Day care, child: as accessory to a dwelling.
(b)
In any case, six to 12 children (other than
children who are related to the primary caregiver) shall only be cared
for at one time within a single-family detached dwelling with a minimum
lot area of 30,000 square feet and a twenty-foot minimum setback from
all existing dwellings on another lot(s). Four to six children (in
addition to children who are related to the primary caregiver) shall
only be cared for at one time within a dwelling that is not attached
to another dwelling. The care of fewer numbers of children may occur
within any lawful dwelling unit. If a use involves the care of 13
or more children, it shall be considered to be a principal day-care
center, except as accessory to a place of worship or school.
(c)
The dwelling shall retain a residential appearance
with no change to the exterior of the dwelling to accommodate the
use, other than cosmetic improvements.
(d)
The use shall be actively operated by a permanent
resident of the dwelling.
(e)
If four or more children are cared for who are
not related to the primary caregiver, then a minimum of 400 square
feet of exterior play area shall be available, surrounded by a six-foot-high
secure fence.
(g)
The use shall comply with any applicable state
and federal regulations, including having an appropriate State Department
of Public Welfare (or its successor agency) registration certificate
or license if required by such agency.
(h)
The use shall include a secure fence around
any outdoor areas abutting streets that are routinely used for outdoor
play.
(7)
Drive-through facilities.
(a)
The proposed traffic flow and ingress-egress
shall not cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation and parking areas
shall be clearly marked.
(c)
A drive-through use shall be designed with space
for an adequate number of waiting vehicles while avoiding conflicts
with traffic onto, around and off of the site. Any drive-through facilities
shall be designed to minimize conflicts with pedestrian traffic.
(8)
Farm-related business. This use may be approved on
a lawful existing lot with a minimum lot area of 20 acres that includes
a principal agricultural use.
(a)
A farm-related business shall be defined as
a low-intensity commercial or industrial activity that functions as
a customary accessory use to an on-site principal agricultural use.
Farm-related businesses are intended to provide supplemental income
to farmers to encourage the continuation of farming and to provide
needed services to other farmers.
(b)
A farm-related business shall be conducted by
a resident or owner of the property, his/her relatives, and a maximum
total of six other employees working on site at one time, in addition
to employees of the agricultural use. In addition, a barn that was
constructed for agricultural purposes prior to the adoption of this
section may be leased to a nonresident for a use meeting these standards.
(c)
To the maximum extent feasible, a farm-related
business should use an existing building. Buildings that existed prior
to the effective date of this section may be used for a farm-related
business. Any new building constructed for a farm-related business
and any new parking area for trucks shall be set back a minimum of
100 feet from any lot line of an existing dwelling, unless a larger
setback is required by another section of this chapter. The total
of all building floor areas used for a farm-related business shall
not exceed 6,000 square feet. This six-thousand-square-foot limit
shall only apply to buildings constructed after the effective date
of this chapter. A farm-related business may also use buildings of
any size that existed prior to the effective date of this chapter.
The total area used by buildings, parking and storage for the farm-related
business shall not exceed four acres or 10% of the lot area, whichever
is less restrictive.
(d)
The farm-related business shall not routinely
require the overnight parking of more than two tractor-trailer trucks,
other than trucks serving the agricultural use.
(e)
Any manufacturing operations shall be of a custom
nature and shall be conducted indoors.
(f)
The business shall not generate noxious odors,
noise or glare beyond amounts that are typically generated by agricultural
operations. Nonagricultural operations shall not routinely occur in
a manner that generates traffic or noise heard by neighbors between
the hours of 9:00 p.m. and 7:00 a.m.
(g)
Any retail sales shall only be occasional in
nature and shall occur by appointment or during a maximum of 30 hours
per week (except customary retail sales as part of a barber/beauty
shop). This provision shall not restrict permitted sale of agricultural
products.
(h)
Only one sign shall advertise a farm-related
business, which shall have a maximum sign area of 10 square feet on
each of two sides, and which shall not be internally illuminated,
and which shall have a maximum height of eight feet.
(i)
The following activities shall be permitted
by right as a farm-related business:
[1]
Farm equipment, farm vehicle or buggy repair;
[2]
Occasional repair of one motor vehicle at a
time, beyond those vehicles owned or leased by a resident of the property
or his/her relative, but not including a junkyard, auto body shop
or spray painting;
[3]
Barber/beauty shop;
[4]
Office;
[5]
Music, hobby, trade or art instruction for up
to 10 persons at a time;
[6]
Small engine repair;
[7]
Custom woodworking or wood refinishing;
[8]
Custom blacksmithing or sharpening services;
[9]
Installation of accessories to motor vehicles;
[10]
Boarding of animals, not including
a kennel or a stable (which are separate uses);
[11]
Custom butchering, not including
a commercial slaughterhouse or stockyard;
[12]
Processing and storage of agricultural
products produced on the premises;
[13]
Sawmill;
[14]
Corn mazes and educational tours;
[15]
Use of a building that existed
prior to January 1, 2006, for rental storage, such as for boats or
recreational vehicles, or
(j)
The following farm-related businesses shall
require special exception approval from the Zoning Hearing Board:
[1]
Uses that the applicant proves to the Zoning
Hearing Board are closely similar in impacts to uses listed as allowed
as farm-related businesses.
[2]
Commercial farm tourism and special events,
such as Halloween activities.
[3]
Use of a building that was constructed after
January 1, 2006, for rental storage.
[4]
Construction tradesperson's or landscaping business'
headquarters, in addition to an office which is permitted by right;
[5]
Processing and storage of agricultural products
not produced on the premises;
[6]
Welding and custom machining of parts; or
[7]
Sale, processing or mixing of seeds, feed, chemical
fertilizers, or wood/leaves/bark compost or mulch.
(k)
This subsection shall not regulate agricultural
uses that are permitted under other provisions of this chapter.
(l)
If an activity would be permitted as either
a farm-related business or a home occupation, then the applicant may
choose which set of provisions shall apply.
(m)
One off-street parking space shall be provided
per nonresident employee, plus parking for any dwelling. In addition,
the applicant shall prove to the Zoning Officer that sufficient parking
will be available for customers, which is not required to be paved.
(n)
All existing and new buildings shall maintain
a residential or agricultural appearance, as viewed from a public
street.
(o)
The use shall not involve the storage or use
of highly hazardous, toxic, radioactive, flammable or explosive substances,
other than types typically used in agriculture or a household.
(p)
Landscaping shall be placed between any outdoor
storage of nonagricultural materials or products and any adjacent
dwelling from which storage would be visible.
(q)
The lot shall have provisions for trucks to
turn around on the site without backing onto a public street. When
special exception approval is required, the Zoning Hearing Board shall
consider the suitability of the adjacent roads for the amount and
weights of truck traffic that will be generated.
(9)
Fences and walls.
(a)
Fences and walls are permitted by right in all
districts. Any fence or wall shall be durably constructed and well-maintained.
Fences that have deteriorated shall be replaced or removed.
(b)
No fence, wall or hedge shall obstruct the sight distance as required by § 285-65C and/or the Subdivision and Land Development Ordinance.
(c)
Fences.
[1]
Front yard. Any fence located in the required
minimum front yard of a lot in a residential district shall:
[2]
On a corner lot, a fence or wall shall meet
the same requirements along both streets as would apply within a front
yard. A fence shall not be required to comply with minimum setbacks
for accessory structures.
[3]
Height. A fence located in a residential district
in a location other than a required front yard shall have a maximum
height of 6.5 feet, and eight feet in any other district, except a
maximum of height of 12 feet shall be permitted around a tennis court
or where the applicant proves to the Zoning Officer that such taller
height is necessary to protect public safety around a specific hazard.
[4]
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed along a lot line, but not on the lot line itself. However, a fence shall be located on the inside of any buffer plantings required by § 285-65. Where no setback is required, a one-foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.
[5]
Fence materials. Barbed wire shall not be used
as part of fences around dwellings in residential districts. Electrically
charged fences shall only be used to contain farm animals and shall
be of such low intensity that they will not permanently injure humans.
No fence or wall shall be constructed out of fabric, junk, junk vehicles,
appliances, drums or barrels.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold
back slopes are exempted from setback regulations and the regulations
of this section and are permitted by right as needed in all districts.
However, if a retaining wall is over eight feet in height, it shall
be set back a minimum of 15 feet from a lot line of an existing dwelling.
[2]
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 285-59.
[3]
A wall in a residential district outside of
a required front yard shall have a maximum height of three feet if
it is within the minimum accessory structure setback.
[4]
Walls that are attached to a building shall
be regulated as a part of that building.
(10)
Garage sale (includes yard sale, moving sale
and porch sale).
(a)
See definition in Article II. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(b)
Each dwelling may have a maximum of six garage
sales in any calendar year. Each sale shall be at least one month
apart. Each sale shall last a maximum of three days.
(c)
The use shall be clearly accessory to the principal
use.
(d)
No outdoor storage shall be permitted when the
sale is not in operation.
(e)
All items shall be placed and offered for sale
within the confines of the property described in the permit.
(f)
No toxic or alcoholic beverages shall be offered
for sale at a garage sale.
(11)
Home occupations.
(a)
All home occupations shall meet the following
requirements:
[1]
The use shall be conducted primarily by a permanent
resident of the dwelling, and involve a maximum of one person working
on site at any one time who does not reside within the dwelling. A
maximum of one nonresident employee shall visit the property on a
daily basis or operate a vehicle based at the property.
[2]
The use shall be conducted indoors. No outdoor
storage or display related to the home occupation shall be permitted.
No changes shall occur to the exterior of a building that would reduce
its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater
than 25% of the total floor area of the principal dwelling unit. The
use shall clearly be secondary to the residential use. The home occupation
shall primarily be conducted within the principal dwelling.
[4]
One off-street parking space shall be required
per nonresident employee. In addition, for a general home occupation,
the Zoning Hearing Board shall require additional off-street parking
if the Board determines it is necessary for customer parking.
[5]
The use shall not require delivery by tractor-trailer
trucks.
[6]
The regulations of Subsection D(14)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[Amended 12-10-2007 by Ord. No. 202]
[7]
No equipment or machinery shall be permitted
that produces noise, noxious odor, vibration, glare, electrical or
electronic interference detectable on another property. The use shall
not involve the storage or use of hazardous, flammable or explosive
substances, other than types and amounts typically found on a residential
property. The use shall not involve the storage or use of toxic or
highly hazardous substances.
[8]
A home occupation shall not be conducted in
a manner that is perceptible to other residents between the hours
of 9:00 p.m. and 7:30 a.m.
[9]
Any tutoring or instruction shall be limited
to a maximum of three students at a time.
[10]
A barber or beauty shop shall
not include any nonresident employees.
[11]
The main office of a medical doctor,
chiropractor or dentist shall not be permitted as a home occupation.
[12]
A home occupation may include one two-square-foot nonilluminated sign, as permitted by Article VII.
[13]
The Zoning Hearing Board shall
deny a general home occupation application, or limit its intensity
through conditions, if the Board determines the use would be too intense
for the proposed location. In making such determination, the Board
shall review the likely amounts of traffic; the types of operations
involved and related nuisances; the amount of off-street and on-street
parking that is available; the density of the neighborhood; whether
the use would be adjacent to another dwelling; and setbacks from other
dwellings.
[14]
The use shall not involve manufacturing,
other than of custom crafts and sewing. The use shall not involve
commercial repair of motor vehicles.
[15]
The use may include sales using
telephone, mail order or electronic methods. On-site retail sales
shall be prohibited, except for sales of hair care products as accessory
to a barber/beauty shop.
[16]
If more than one home occupation
is accessory to a dwelling, the total aggregate impact of the home
occupations shall be considered in determining compliance with this
chapter.
[17]
A zoning permit shall be required
for any home occupation.
(b)
In addition to the requirements listed in Subsection D(10)(a) above, the following additional requirements shall apply to a light home occupation:
[1]
The use shall not routinely involve routine
visits to the home occupation by customers or more than one nonresident
employee at a time.
[2]
The use shall only involve the following activities:
[a]
Work routinely conducted within
an office;
[b]
Custom sewing and fabric and basket
crafts;
[c]
Cooking and baking for off-site
sales and use;
[d]
Creation of visual arts (such as
painting or wood carving);
[e]
Repairs to and assembly of computers
and computer peripherals; and
[f]
A construction tradesperson, provided
that a maximum of one nonresident employee shall routinely operate
from the lot.
(12)
Outdoor storage and display, commercial or industrial,
as a principal or accessory use. (For residential outdoor storage,
see “residential accessory use” in this section.)
(a)
Location. Outdoor storage or display shall not
occupy any part of any of the following: the existing or future street
right-of-way, sidewalk or other area intended or designed for pedestrian
use or required parking area.
(b)
No such storage or display shall occur on areas
with a slope in excess of 25% or within the one-hundred-year floodplain.
(d)
Tire storage.
[1]
For tires not mounted on a motor vehicle, any
outdoor storage of more than five tires on a lot in a residential
district or more than 50 used tires in a nonresidential district shall
only be permitted as part of a Township-approved junkyard.
[2]
The outdoor storage of more than 50 used tires
shall be limited to the General Industrial District.
[3]
Where allowed, any storage of used tires shall
involve stacks with a maximum height of 15 feet and cover a maximum
of 400 square feet. Each stack shall be separated from other stacks
from all lot lines by a minimum of 75 feet. If the same set of tires
is stored on a lot for more than six months, they shall be stored
within a building or trailer.
[4]
The operator of a lot involving tire storage
shall prove that the tires are stored in a manner that minimizes public
health hazards from the breeding of vectors in accumulated water and/or
that the site is regularly sprayed to minimize vectors.
(13)
Pets, keeping of.
(a)
This is a permitted by right accessory use in
all districts.
(b)
No use shall involve the keeping of animals
or fowl in such a manner or of such types of animals that it creates
a serious nuisance (including noise or odor), a health hazard or a
public safety hazard. The owner of the animals shall be responsible
for collecting and properly disposing of all fecal matter from pets.
No dangerous animals shall be kept outdoors in a residential district,
except within a secure, completely enclosed cage or fenced area of
sufficient height or on a leash under full control of the owner.
(c)
A maximum combined total of five dogs and cats
shall be permitted to be kept by residents of each dwelling unit.
(d)
Pigeons, chickens, roosters, ducks, geese and/or
similar fowl shall not be kept on a lot of less than one acre. However,
if the total weight of such fowl exceeds 500 pounds, then the requirements
shall be met for the raising of livestock or poultry use.
(e)
Any keeping of pets shall only be permitted,
provided it does not create unsanitary conditions or noxious odors
for neighbors.
(f)
Horses. Minimum lot area: two acres for first
horse or similar animal, plus one acre for each horse or similar animal
in excess of one. A maximum of 10 horses or similar animals shall
be kept, unless the use is approved as a nonhousehold stable. Any
horse barn, feed areas, manure storage areas or stable shall be a
minimum of 75 feet from any residential lot line.
[1]
However, as a special exception, the minimum
lot area for keeping one horse may be reduced to one acre, as an accessory
use to a detached dwelling, provided: 1) the horse is the principal
mode of transportation for the resident; and 2) adequate, safe and
healthful means of disposal of animal waste is used at all times.
(g)
Only those pets that are domesticated and are
compatible with a residential character shall be permitted as keeping
of pets. Examples of permitted pets include dogs, cats, rabbits, gerbils
and lizards.
[1]
The following and similar animals shall not
be kept as pets, except that the Zoning Hearing Board may approve
a particular number and type of species as a special exception if
the applicant proves they will not cause nuisances or hazards: bears,
goats, wolves, wolf-dog hybrids, cows, venomous snakes that could
be toxic to humans, hogs or sheep.
(h)
It shall be unlawful on a residential lot to
keep any "exotic wildlife," as defined by the Pennsylvania Game and
Wildlife Code, whether or not an exotic wildlife possession permit
has been issued.
(14)
Residential accessory structure or use (see definition in Article II).
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 285-27A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 285-27.
(d)
Parking of commercial trucks. The overnight
outdoor parking of commercial trucks or the trailer from a tractor-trailer
combination on a principal residential lot in a residential district
is prohibited, except that one of the following shall be permitted
if such vehicle(s) is used by residents of the dwelling to travel
to and from work:
[1]
The parking of a maximum of one vehicle of up
to 14,000 pounds aggregate gross vehicle weight; or
[2]
The parking of one vehicle with an aggregate gross vehicle weight of over 14,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 100 feet from any dwelling on another lot and provided a row of evergreen trees meeting § 285-65 is planted to buffer views of the vehicle from the street and dwellings on other lots.
[3]
Construction equipment that is not primarily
intended for on-road use shall not be stored overnight in a residential
district. A vehicle shall not block a shared driveway or street.
(e)
Repairs. Repairs of a truck with an aggregate
gross vehicle weight of over 14,000 pounds shall not occur on a residential
lot. Repairs of motor vehicles that are not owned or leased by a resident
of the lot or his/her relative shall not occur on a residential lot.
(g)
Unregistered vehicles and junk vehicles. A maximum
of one unregistered vehicle shall be kept outside of an enclosed building
on a residential lot, provided it is not a junk vehicle. A maximum
of two unregistered vehicles shall be kept outside of an enclosed
building on any other lot, except as specifically permitted otherwise
for a certain use. No junk vehicle shall be kept on a residential
lot unless it is kept within an enclosed building. See also the definition
of "junkyard."
(h)
Recreational vehicles or boats. A recreational
vehicle or boat with a length of 24 feet or greater shall not be parked
in the front yard of a dwelling during more than two days in any seven-day
period.
(i)
No outdoor overnight storage shall be allowed
in a minimum front yard of a dwelling, except for firewood. No outdoor
overnight storage of materials or items shall be allowed for more
than 90 days on a residential lot outside of the minimum front yard,
other than firewood. No outdoor storage of trash shall be allowed
in a front yard unless the trash is awaiting imminent pickup on that
day.
(15)
Retail sales of agricultural products as an
accessory use.
(a)
The use shall be an accessory use incidental
to a crop farming, greenhouse, plant nursery, orchard, winery or raising
of livestock use.
(b)
The only retail sales shall be of agricultural
products and horticultural products, in addition to any handmade crafts
produced by the operator of the market and/or his/her family. An average
of not less than 25% of the products sold on site shall have been
produced by the operator or his/her family. This percentage may vary
month to month, provided that the average is met.
(c)
Off-street parking shall be provided in compliance with the provisions of Article VI. No parking shall be permitted in such a way that it creates a safety hazard.
(d)
Any structure erected for this use that is not
clearly permanent in nature shall be disassembled during seasons when
products are not offered for sale.
(f)
No stand shall be located closer than: 50 feet
from a lot line of an existing dwelling, 25 feet from any other lot
line or 100 feet from the closest intersecting point of street rights-of-way
at a street intersection, unless the sales occur within a dwelling
or barn that existed prior to the adoption of this chapter.
(g)
A maximum total of 5,000 square feet of building
floor area shall be used for such use.
(h)
The use may occur within an existing dwelling,
a barn or a separate stand. Any stand shall be maintained in good
condition.
(i)
The retail sales shall be located on land owned
by the operator of the market or upon a tract of five acres or more
which the operator of the market actively farms.
(j)
The applicant shall prove to the Zoning Officer
that the driveway has adequate sight distance, based upon the PennDOT
standards that would apply to a normal commercial establishment along
a state road, regardless of whether a PennDOT permit would be needed.
(16)
Sewage sludge/biosolids, land application of.
(a)
The applicant shall provide written evidence
to the Township that sufficient safeguards will be in place to protect
the public health and safety and the water quality of groundwater
and surface waters. This should include, but not be limited to, provisions
for regular testing of the material that is spread and for ongoing
water quality monitoring.
(b)
A copy of all test results of the material that
is spread and any test results of water quality shall be provided
to the Zoning Officer within six days after they are received by the
operator of the use or the landowner.
(18)
Swimming pool, household (referred to hereafter
as "pool").
(a)
A swimming pool containing 24 inches or more
of water depth shall include a fence, wall or similar enclosure surrounding
the pool. Such enclosure shall extend not less than four feet above
the ground. All gates shall be self-closing and self-latching, with
latches placed at least four feet above the ground.
(b)
A swimming pool shall not be located in a front
yard. The water surface and any raised decking of a swimming pool
shall be set back a minimum of eight feet from side and rear lot lines.
(19)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum
of two persons, who shall be relatives of the permanent residents
of the principal dwelling unit. At least one resident of the accessory
unit shall need such accommodations because of an illness, old age
or disability.
(c)
The applicant shall prove to the Zoning Officer
that the accessory unit has been designed and constructed so that
it can be easily reconverted into part of the principal dwelling unit,
or be completely removed, or be converted into a lawful accessory
use after the relative no longer resides within the unit. Such accessory
unit may be converted into an additional bedroom(s), permitted home
occupation area or similar use. A lawful detached garage may be converted
into a unit for care of relative and then be reconverted to a garage
or permitted home occupation area. If the unit for care of relative
will be attached to the principal dwelling unit, then an interior
door shall connect the two units.
(d)
The applicant shall establish a legally binding
mechanism in a form acceptable to the Township that will prohibit
the use of the accessory unit as a separate dwelling unit after the
relative no longer resides within the unit. Such mechanism shall also
be binding upon future owners.
(e)
The owner of the property shall be required
to annually renew the permit for the use. Such renewal shall be conditioned
upon the owner proving that a relative of the occupants of the principal
dwelling unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family
residential appearance of a one-family dwelling, as viewed from exterior
property lines. The accessory unit shall be attached to the principal
dwelling unit, except for a detached modular cottage that is specifically
approved by the Zoning Hearing Board. If a detached modular cottage
is placed on the property, it shall be completely removed within 90
days after the relative no longer lives within it. A detached dwelling
shall only be placed on the lot if it will meet principal building
setbacks and has a maximum building floor area of 900 square feet.
(g)
Additional parking for the accessory unit is
not required if the applicant proves that the resident(s) of the accessory
unit will not routinely operate a vehicle.
(h)
Any on-lot septic system shall be recertified
if the sewage flows will increase.
(20)
Accessory dwelling unit (ADU).
[Added 5-9-2011 by Ord. No. 222]
(a)
One ADU may be permitted per principal single-family detached dwelling
for use by a relative.
(b)
The owner of the property must occupy either the principal dwelling
or the ADU as the owner's primary residence.
(c)
Each year the owner of the property shall provide the Township with
a written statement in a form prepared by the Township, together with
the applicable fee, certifying compliance with this section. In the
event that the owner fails to comply with this section, the owner
shall be required to reconvert the ADU into part of the principal
dwelling unit or completely remove the ADU.
(d)
One additional off-street parking space shall be provided for the
ADU.
(e)
An ADU must be contained in, or attached to, the principal dwelling.
(f)
The addition of an ADU shall be designed so that the appearance of
the building remains that of a single-family detached dwelling. Any
necessary additional entrances or exits shall be located to the side
or rear of the building.
(g)
The maximum size of an ADU shall not exceed 40% of the principal
dwelling total floor area or more than 800 square feet, whichever
is less, nor have more than two bedrooms.
(h)
Any on-lot sewage disposal system shall be certified by the Sewage
Enforcement Officer to meet all applicable requirements as a result
of the inclusion or addition of the ADU.
(i)
The ADU permit shall be deemed to be automatically revoked if the
Zoning Officer determines that the owner of the property no longer
meets the requirements of this section, upon vacation of the ADU or
principal dwelling unit by the owner or by the relatives, or if the
property is sold.
(j)
Upon sale of the property, the new owner shall apply for a permit
under this section and comply with the Zoning Ordinance prior to permitting
occupancy of the ADU. Failure to comply with this section shall be
a violation of the Zoning Ordinance.
(k)
The addition of an ADU to a single-family detached dwelling shall
conform to all other zoning and building code requirements, unless
modified herein.
(l)
The owner of the property shall present evidence of recording of
an agreement between the owner and the Township, in a form acceptable
to the Township Solicitor, which sets forth that the occupancy of
the ADU is limited as set forth in this section.
(m)
The following accessory dwelling units may be approved as a conditional
use in the A-Agricultural District, subject to the following specific
criteria, by the Board of Supervisors:
[1]
An ADU the maximum size of which is not more than 60% of the principal
dwelling total floor area or 1,200 square feet, whichever is less.
[2]
The ADU shall be designed to maintain the architectural design, style,
appearance and character of the main building as a single-family detached
dwelling. If an ADU extends beyond the current footprint or existing
height of the main building, such an addition must be consistent with
the existing facade, roof pitch, siding and windows.
[3]
All other applicable standards for an ADU shall apply.
