Township of Elizabeth, PA General Provisions

Such structures shall comply with all accessory use setbacks.

No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "Man-made Lakes, Ponds, Dams and Impoundments" and are subject to the criteria listed in § 185-26G of this chapter;

No such impoundment shall have a length or diameter exceeding 15 feet or a maximum depth exceeding two feet;

All such ponds or pools shall be maintained so to not pose a nuisance by reason of odor, or the harboring of insects; and

No such pond(s) shall be used for the commercial hatching of fish or other species.

Man-made lakes, ponds, dams, and impoundments.

All lakes, ponds, dams and impoundments may be permitted in any zone subject to the following:

All lakes, ponds, dams and impoundments, excluding stormwater management basins, shall comply with applicable State and Federal regulations and permitting requirements.

All lakes, ponds, dams and impoundments, excluding stormwater management basins, shall be located at least 75 feet from adjoining lot lines, and any subsurface sewage disposal system or well.

Requirements for fencing. All lakes, ponds, dams or impoundments constructed within areas occupied by livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

Maintenance. All lakes, ponds, dams or impoundments shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All groundcover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

Garage/yard sales. Within any zone, an owner and/or occupant may conduct up to two garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than two consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four square foot sign shall be permitted advertising the garage/yard sale; such sign must be located upon the premises where the sale occurs, and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.

§ 185-28 Agricultural activities and uses.

Agricultural nuisance disclaimer. All lands within Elizabeth Township are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, "The Right to Farm Law,"[1] may bar them from obtaining a legal judgment against such normal agricultural operations.

Editor's Note: See 3 P.S. § 951 et seq.

Agricultural activities shall be conducted in a manner compatible with accepted good agricultural practices and applicable local and state regulations.

All grazing areas or pasture areas used for grazing shall be fenced.

No agricultural operation shall be conducted within a public right-of-way.

No shrub nor tree shall be planted within 10 and 15 feet, respectively, of any adjoining land used for agricultural crop production.

As much as possible, all structures should be placed on soils which have the poorest agricultural land capability classification as defined by the United States Department of Agriculture, and all proposed uses shall be situated in a manner reducing to a minimum the amount of productive agricultural land which is converted to the proposed uses.

Any agricultural, horticultural, forestry and related uses or commercial harvesting of vegetation operation which involves earthmoving activities shall require the obtainment of an approved conservation plan by the Lancaster County Conservation District, pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, Department of Environmental Protection. All on-site earthmoving activities shall be conducted in compliance with the approved conservation plan.

A nutrient management plan, if required by state or federal legislation or regulation, shall be provided. If state or federal legislation or regulation do not require a nutrient management plan, the applicant shall provide a nutrient balance sheet. The nutrient management plan or nutrient balance sheet shall demonstrate that the rate of application of nutrients does not exceed the demand created by the cropping system. The Township may request that the nutrient management plan or nutrient balance sheet be submitted to the Lancaster County Conservation District for review and approval.

Manure storage and processing facilities.

The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act. Notwithstanding anything contained in this chapter to the contrary, all manure shall be stored, managed and applied in a manner to comply with the Clean Streams Law,[2] the Pennsylvania Nutrient Management Act and the practices prescribed by the Manure Management Manual and the Best Management Practices Manual for Pennsylvania Livestock and Poultry Operations.

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

The design and construction of all manure storage facilities shall be reviewed and approved by the Lancaster County Conservation District. The applicant shall furnish a letter from the District attesting to the adequacy of the design and, subsequently, the adequacy of the construction of the manure storage facility. As an alternative, the applicant may engage the services of a registered professional engineer to attest to the adequacy of the design and, subsequently, the adequacy of the construction of the manure storage facility.

Separation distances.

[Amended 3-8-2010 by Ord. No. 2010-1]

All buildings and structures for the housing of livestock or poultry, other than building and structures for an intensive agricultural operations, located in all zones shall be located not less than 50 feet from any adjoining lot line. Any exhaust shall be directed away from the closest adjoining residences or commercial buildings.

All buildings and structures for the housing of livestock or poultry for intensive agricultural operations in all zones shall be located the greater of the distance required by an approved odor management plan from an adjoining lot line or residence or building within which people are employed on an adjoining lot; or 75 feet from all lot lines; or 100 feet of an adjoining residence or commercial building in which people are employed or work on an adjoining lot. Any exhaust shall be directed away from the closest adjoining residences or commercial buildings. The applicant shall provide a copy of the approved odor management plan with the application for a zoning permit.

The importing of any material for the purpose of composting and disposal upon the property, or for the composting, processing or sale on any property, is prohibited. Composting shall be limited to the composting of manure and waste products produced upon the property. Nothing is this section shall prohibit a bona fide agricultural operation from composting manure produced on the property, including the importing of composting materials necessary to modify/maintain the optimum carbon to nitrogen ratio.

A minimum lot of 10 acres is required for livestock or poultry for agricultural operations where the animal density exceeds 2,000 pounds of live weight per acre on an annualized basis.

The applicant shall present credible evidence that any proposed livestock or poultry operation where the animal density will exceed 2,000 pounds of live weight per acre on an annualized basis will be conducted in accordance with the applicable standards as produced by the Pennsylvania Department of Agriculture, the State Conservation Commission, DEP, Pennsylvania State University, College of Agriculture, or similar recognized entity.

§ 185-29 Corner lots.

A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts. The remaining yards shall be deemed rear and side yards. For purposes of determining the rear yard, it shall be the yard or yards opposite the address street. All other non-front and non-rear yards shall be deemed side yards.

§ 185-30 Driveway requirements.

In addition to the requirements of the governing Subdivision and Land Development Ordinance, the following shall apply:

Number per lot. No more than two driveway connections per lot shall be permitted.

Setbacks. Driveways shall not connect with a public street within 50 feet of the right-of-way lines of any intersecting streets, nor within five feet of a fire hydrant or adjoining lot lines.

Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines.

Driveway width. No driveway shall provide a curb cut exceeding 24 feet in width.

Drainage. Driveways shall be constructed in a manner to be consistent with the design, maintenance, and drainage of the street.

Driveways shall be located so as to provide sight distance at intersections with streets and shall not be located within any required clear sight triangle in accordance with the applicable Subdivision and Land Development Ordinance.

Driveways that intersect other than a minor collector or local road shall provide adequate turnaround area within the lot so egress to the street is in a forward direction.

Farm lanes shall be maintained to keep intersecting streets free of excessive dirt from farm equipment and stormwater washouts.

§ 185-31 Establishment of more than one principal use on lot.

More than one principal use may be established on a single lot in accordance with the following requirements:

The minimum lot area required for a lot which has more than one principal use shall be calculated by adding the minimum lot areas required for each use as though each use were located on a separate lot.

Each structure housing a principal use shall meet all requirements of this chapter. The applicant for such principal use shall present a plan which shall demonstrate that each proposed principal use meets all requirements of the zoning district in which the use is located, except as such requirements may be modified by this section.

When a second or subsequent principal building is constructed upon on a lot, such building shall be located in such a manner so that the lot may be subdivided in the future without such principal buildings being in conflict with the requirements of this chapter. The applicant shall obtain land development approval prior to obtaining a zoning permit for the erection of such second or subsequent principal building.

An applicant may, by special exception, establish a second or subsequent principal use in buildings existing on a lot on the effective date of this section where the location of the existing buildings will not comply with Subsections A through C above if the applicant demonstrates compliance with all of the following requirements:

The size or configuration of the existing structures makes a single use of the structures impractical.

The principal uses proposed for the lot are compatible with each other and are permitted in the district in which the lot is located.

The establishment of the proposed uses will not be detrimental to the surrounding neighborhood.

The establishment of the proposed uses will not prevent future subdivision or reuse of the lot.

§ 185-32 Forestry activities.

Forestry activities. In accordance with the requirements of Section 603(f) of the MPC,[1] as amended by Act 68 of 2000, forestry, including the harvesting of timber, is permitted as of right in all zoning districts within the Township subject to the provisions generally applicable to all uses in the district in which such land is located. If, in the future, the General Assembly amends the MPC to repeal Section 603(f) or to remove the requirement that the forestry be permitted in all zoning districts in every municipality, this section will be of no further force or effect.

Editor's Note: "MPC" refers to the Pennsylvania Municipalities Planning Code. See 53 P.S. § 10603(f).

Forestry activities shall be conducted in accordance with an erosion and sedimentation pollution control plan that is consistent with current acceptable practices to control runoff, erosion, stream siltation and soil stabilization.

The erosion and sedimentation pollution control plan shall be submitted to the Lancaster County Conservation District for its review and approval prior to initiating any earthmoving or timber-harvesting activities.

The erosion and sedimentation control plan, along with evidence of the review and approval of same by the Lancaster County Conservation District, shall be submitted to the Township prior to initiating any earthmoving or timber-harvesting activities.

All roads and trails developed as part of a timbering activity shall be dust stabilized when within 100 feet of any lot or street line.

§ 185-33 Height limit exceptions.

The height regulations do not apply to the following structures or projections, provided that such structures or projections are set back a horizontal distance at least equal to their height from any property line:

Water towers, antennas, smokestacks, chimneys, farm silos, windmills, flagpoles, or other similar structures.

Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances; and

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline.

Public utility structures and poles are excluded from height/setback regulations.

In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

§ 185-34 Minimum habitable floor area.

All dwelling units must conform to the minimum habitable floor area following:

Single-family, farm dwelling, duplex and townhouse dwelling units: 700 square feet per dwelling unit.

Multifamily dwellings: 400 square feet per dwelling unit.

§ 185-35 Municipal uses.

Municipal uses shall be permitted as uses as of right within all zoning districts. Municipal uses shall be exempted from minimum lot area, minimum lot width, minimum lot depth, yard, impervious surface area or coverage, off-street parking, landscaping and all other requirements of this chapter.

§ 185-36 Obstructions to vision.

On any lot, no wall, fence, sign, on-street parking, roadside stand or other structure shall be erected, altered, or maintained, and no hedge, tree, agricultural crop or other growth shall be planted or maintained, which may cause danger to traffic on a street by obscuring the view. On corner lots, no such structure or growth shall be permitted within any sight triangle as may be prescribed by the governing Subdivision and Land Development Ordinance.

§ 185-37 Off-street loading facilities.

Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A new use is established.

The use of a property or building is changed and thereby requiring more loading space; and

An existing use is enlarged, thereby requiring an increase in loading space.

Site plan approval.

Each application for a zoning permit (for use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below.

No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials, gravel or other dust-free surface, approved by the Board of Supervisors.

Location. Except as provided elsewhere, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential zone. Where possible, off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential zone.

Connection to street. Every loading space shall be connected to a street by means of an access drive. § 185-26 specifies other requirements for access drives.

Separation from streets, sidewalks, and parking lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.

Drainage. Off-street loading facilities (including access drives) shall meet the stormwater management design requirements of the governing ordinance(s).

Required off-street loading facilities sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances, and exits):

Industrial, wholesale and storage uses:

Length: 63 feet.

Width: 12 feet.

Height (if covered or obstructed): 15 feet.

All other uses:

Length: 33 feet.

Width: 12 feet.

Height (if covered or obstructed): 15 feet.

Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed, reflected or cause glare off of the site.

Landscaping buffer and screening requirements. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot-wide landscape buffer strip. All off-street loading facilities shall also be screened from adjoining residentially zoned properties and/or adjoining public streets and existing residences.

Schedule of off-street loading spaces required (GLA – gross leasable floor area).

Type of Use	Number of Spaces	Unit of Measurement
Hospital or other institution	None	First 10,000 square feet
	1.0	10,000 square feet to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Hotel	None	First 10,000 square feet
	1.0	10,000 square feet to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Industry or manufacturing	None	First 2,000 square feet
	1.0	2,000 square feet to 25,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)
Multifamily dwelling	None	Less than 100 dwelling units
	1.0	100 dwelling units to 300 dwelling units
	+1.0	Each additional 200 dwelling units (or fraction)
Office building, including banks	None	First 10,000 square feet
	1.0	10,000 square feet to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Retail sales and services, per store	None	First 2,000 square feet
	1.0	2,000 square feet to 10,000 square feet
	2.0	10,000 square feet to 40,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Shopping centers (integrated shopping centers, malls, and plazas) having at least 25,000 square feet of GLA	1.0	25,000 square feet of GLA up to 1000,000 square feet of GLA
	+1.0	Each additional 100,000 square feet of GLA
Theater, auditorium, bowling alley, or other recreational establishment	None	First 10,000 square feet
	1.0	10,000 square feet to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Undertaking establishment or funeral parlor	None	First 3,000 square feet
	1.0	3,000 square feet to 5,000 square feet
	+1.0	Each additional 10,000 square feet (or fraction)
Wholesale or warehousing, (except mini warehousing)	None	First 1,500 square feet
	1.0	1,500 square feet to 10,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)

§ 185-38 Off-street parking requirements.

Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A building is constructed or a new use is established.

The use of an existing building is changed to a use requiring more parking facilities; and

An existing building or use is altered or enlarged so as to increase the amount of parking space required.

Each parking space shall be designed so that each vehicle may proceed to and from the parking space without requiring the moving of any other vehicle. Parking space within a garage or carport shall be considered a parking space meeting the requirements of this section if access can be so provided.

All parking spaces shall be provided on the same lot as the use to which the parking space relates.

Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 185-30 of this chapter. The following regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.

Site plan approval.

Each application for a zoning permit (for a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below.

No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

Surfacing. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials, gravel or another dust-free surface, approved by the Board of Supervisors.

Separation from streets and sidewalks. Parking spaces shall be guarded by curbs or other protective devices, which are arranged so that parked cars cannot project into the streets, yards, or walkways.

Drainage. Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized inlets, storm sewers and/or swales shall be provided to discharge stormwater in accordance with a plan to be approved by the Township.

Parking space sizes. The following lists required minimum space sizes in feet:

Parallel standard car spaces: 22 by 8.

Nonparallel standard car spaces: 20 by 9.

Design standards for handicapped parking spaces. Handicapped-accessible parking shall be provided in accordance with the requirements of the Americans with Disabilities Act (ADA), as may be amended from time to time.

Interior access driveway widths.

Interior access driveways between rows of parking spaces shall have the minimum widths indicated in the following table:

Angle of Parking (degrees)	Width of Interior Access Driveway in feet; One-Way Traffic	Width of Interior Access Driveway in feet; Two-Way Traffic
90º	22	25
60º	18	22
45º	13	22
30º	12	22
Parallel	12	22

Interior access driveways in areas where there is no parking permitted shall be at least 12 feet wide for each lane of traffic.

Marking of parking spaces and interior drives. All parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. As a minimum, the lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. White paint for these lines shall conform to Federal Specification TT-P-115C, Type 1, for white non-reflective traffic line paint, or equivalent.

In the event parking lots are constructed of gravel or other dust-free, unpaved surface, the Township may at its option, have spaces marked with precast concrete bumpers or similar devices.

Not less than a four foot radius of curvature shall be permitted for horizontal curves in parking areas.

All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.

Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. The lighting shall be arranged so as not to reflect or glare on land used for residential purposes or adjoining lots or streets.

Access drive requirements. Every parking lot shall be connected to a street by means of an access drive. § 185-26 specifies other requirements for access drives.

Landscaping and screening requirements. The following landscaping and screening requirements shall apply to all parking lots:

Buffer area.

When a parking lot is located in a yard that abuts a street, a landscaped buffer area shall be provided on the property along the entire street right-of-way line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the buffer area. This buffer area shall be measured from the street line. The buffer area may be located within any other landscaped strip required to be located along a street.

The following lists required width of landscape strips:

	Number of Spaces in Parking Lot Including Joint Facilities	Landscape Buffer Width in Feet Measured from Street ROW Line
	Less than 100	15
	100 to 250	20
	Over 250	25

Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of 15 feet from all property lines. Such setbacks shall be used for buffer areas.

Screening. When a parking lot is located on property that adjoins land in a residential zone or adjoins an existing residentially used structure, the parking lot shall be screened from the adjoining residential property or district, in accordance with the requirements of this section.

Joint parking lots. In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between vehicle and each of the shopping center's stores.

Prohibited uses of parking lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use that requires them. Parking lots shall not be used for the following and/or loading purposes:

The sale, display, or storage of automobiles or other merchandise.

Performing services (including services to vehicles).

Schedule of Required Parking Spaces. The following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use.

	Type of Use	Minimum Number of Spaces
	Commercial Uses
	Automobile repair, filling and washing facilities	1 for each 400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage, and 1 per employee on major shift
	Automobile, boat and trailer sales	1 for each 500 square feet of gross sales floor area
	Carpeting, drapery, floor-covering, and wall-covering sales	1 for each 500 square feet of gross sales floor area
	Convenience stores	1 for each 75 square feet of gross floor area
	Drive-thru and/or fast-food restaurant	1 for every 2 seats, and 1 per each 2 employees
	Food markets, and grocery stores	1 for each 100 square feet of floor area for public use, and 1 per each employee on 2 largest shifts
	Funeral homes	1 for each 100 square feet of gross floor area, 1 per each employee, and 1 per each piece of mobile equipment such as hearses and ambulances
	Furniture sales	1 for each 500 square feet gross sales floor area
	Hotel, motel tourist home	1 for each guest sleeping room, and 1 per each employee on 2 largest shifts (Restaurants and other accessory uses shall be viewed separately.)
	Mini warehouses	1 for each 25 units, plus 1 per 250 square feet of office space plus 2 per any resident manager
	Office buildings	1 for each 300 square feet of gross floor area
	Professional offices of veterinarians, physicians,	1 for each 6 spaces per each physician or dentist, etc. dentists, etc.
	Retail store or shop (except those listed above)	1 for each 200 square feet of gross floor area of display area or sales area, and 1 per each employee on 2 largest shifts
	Restaurant	1 for every 4 seats, plus 1 per each employee on largest shift
	Shopping centers or malls	1 for each 182 square feet of gross leasable floor area
	Other commercial buildings	1 for each 400 square feet of gross floor area
	Industrial Uses
	Industrial and heavy manufacturing establishments	1 for each 2 employees on the 2 largest shifts, or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number
	Warehousing	1 for each employee on the 2 largest shifts
	Recreation Uses
	Amusement arcade	1 for each 80 square feet of gross floor area
	Athletic field	1 for every 4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site. Such area must provide sufficient numbers of spaces to serve all users of the site and include a fence delineating such parking area.
	Bowling alley; billiard room	1 for each 1/4 lane/table, and 1 per each 2 employees
	Campgrounds	1 per campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
	Golf course	1 for each 1/8 hole, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
	Golf driving range	1 per tee and 1 per employee
	Miniature golf course	1 for each 1/2 hole and 1 per employee
	Riding school or horse stable	1 for every 2 rental stalls, plus 1 per every 4 seats of spectator seating
	Picnic area	1 per table
	Skating rink	1 for every 4 persons of legal occupancy
	Swimming pools (other than one accessory to a residential development)	1 for every 4 persons of legal occupancy
	Tennis or racquetball clubs	1 for each 1/4 court plus 1 per employee plus 50% of the spaces normally required for accessory uses
	Residential Uses
	Residential dwelling	1 for each 1/2 dwelling unit (i.e., 2 spaces per dwelling unit)
	Rooming house, group home and bed-and-breakfast	1 for each bedroom
	Social and Institutional Uses
	Auditorium, church, theater, and other such places of public assembly	1 for each 200 square feet, but not less than 1 space per each 4 seats
	Clubs, lodges, and other similar places	1 for every 2 seats, but not less than 100 square feet of gross floor area, and 1 per each employee on 2 largest shifts
	Nursing, rest or retirement homes	1 for every 3 accommodations (beds), in addition to those needed for doctors and support staff
	Hospital, sanitarium	Spaces shall be provided for visitors, at the rate of at least 1 space per each 1.5 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel.
	Museum, art gallery cultural center, library	1 for each 400 square feet of gross floor area
	Rehabilitation centers (without overnight accommodations)	1 per each employee and per each 3 people anticipated to be handled through the facility
	Schools below grade 10, including commercial day care and kindergarten	1 for every 6 students enrolled
	Schools, 10th grade and above, including colleges	1 for every 3 students enrolled
	Vocational training and adult education facilities	1 for every 1.5 students enrolled

§ 185-39 Outdoor signs.

General regulations for all signs.

Signs must be constructed of durable material and maintained in good condition.

No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings.

Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days.

Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign, and the regulations pertaining thereto shall apply.

Each sign shall be removed when the circumstances leading to its erection no longer apply.

(6)

Signs may be interior lighted with nonglaring lights or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or public rights-of-way.

(7)

No sign shall be of the intermittent flashing or rotating type, unless located within the Industrial Zone.

(8)

No sign located within 300 feet of any traffic light shall be illuminated with red, green, or yellow lights or neon tubing.

(9)

All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.

(10)

Signs must be positioned so that they do not interfere with any clear sight triangle or safe sight distance.

(11)

Determination of size. The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, provided, however, for a double-faced sign, if the interior angle formed by the two faces of the double-faced sign is less than 45º and the two faces are at no point more than three feet from one another, the area of only the larger face shall be included.

(12)

No lewd, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including but not limited to:

Act or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are prohibited by law;

Scenes wherein a person displays the vulva or the anus or other genitals;

Scenes wherein artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above; and

Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.

(13)

No sign shall be erected or located as to prevent free ingress or egress from any window, door, or fire escape.

(14)

No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.

(15)

No sign shall be permitted which is permanently attached to public utility poles or trees within the right-of-way of any street.

(16)

No sign shall be located within the Floodplain Zone.

(17)

In the event that a symbol, trademark or other such figure is used as a signpost or standard that could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.

Specific regulations for signs, In addition to the general sign regulations listed in the preceding Subsection A, specific regulations contained within this section shall also apply to all signs. For the purposes of this chapter, each sign is classified by its use and by its type of construction. Specific sign requirements are listed by use, and then by construction type; therefore each sign must comply with those regulations specified for its classification of use and its classification by type of construction.

Classification of signs by use. All signs shall be divided into the following types of uses and shall be subject to the specific regulations listed therewith:

Official traffic signs: No specific regulations are applied to this type of sign use.

Professional accessory use, home occupation or home business use, or name signs indicating the name, profession, or activity of the occupant of a dwelling, and trespassing signs or signs indicating the private nature of a driveway or premises: The area on one side of such sign shall not exceed two square feet nor project more than six inches from a wall when attached to a building.

Identification signs identifying clubs, lodges, farms, estates, or similar uses: A total of six square feet per side will be allowed. Not more than two such signs per organization will be permitted on the site.

Temporary signs of contractors, architects, mechanics, and artisans: The signs shall be displayed only while actual work is in progress and shall not exceed six square feet in area, and provided further that such signs must be removed promptly upon completion of work. Should such sign be left on the site beyond the allowable time frame, the Township may impound it and recover a fee from the owner of the sign equal to the costs of removal and storage of the sign.

(e)

Real estate sale-sold-rent-development signs when placed on the property to be sold, rented, or developed: These signs shall not exceed six square feet in area for each 100 feet of frontage, and provided further that no sign shall exceed 24 square feet in area. All such signs shall be removed within five days after final transactions are completed.

(f)

Business, commercial, or industrial signs: a sign for a permitted use conducted on the premises which shall identify the written name and/or the type of business and/or any trademark of an article for sale or rent on the premises or otherwise call attention to a use conducted on the premises. The total sign area shall not exceed one square foot per five lineal feet of lot frontage. The total number of signs allowed is one per lot or one per adjoining lots occupied by the same use. If the lot's frontage exceeds 1000 feet, one additional sign is permitted.

(g)

Functional signs such as those designating rest rooms, entrances, exits, or other signs not otherwise defined or directly connected with the business or profession conducted upon the premises but attendant or accessory thereto: Two signs per frontage used for vehicular access are permitted. Each sign shall not exceed two square feet in total sign area.

(h)

Planned center signs: Signs advertising the name of an integrated development such as a planned shopping center, office or apartment complex, or industrial park. These signs shall devote no less than 50% of the total sign area to the advertisement of the planned center's name. Additionally, individual uses within the center may be advertised but shall be flat wall, wall projecting, and/or roof signs as defined in § 185-39B(2) of this chapter. No other ground signs shall be permitted for those uses within the planned center. Only one planned center sign per frontage of the planned center shall be permitted. The size of such sign shall not exceed one square foot for each four feet of frontage contained within the planned center. In no case shall a planned center sign exceed a maximum size of 200 square feet or an overall height of 20 feet.

(i)

Temporary (special event) signs and banners: One such sign may be permitted per lot for one period not exceeding 30 days during any calendar year. Such signs shall be limited to a maximum of 32 square feet in total sign area.

(j)

Billboards: These signs are permitted only by conditional use in selected zones. See § 185-56 of this chapter for additional requirements.

(k)

Roadside stand signs: The total area of all signs shall not exceed 64 square feet and shall not obstruct vision (see § 185-42).

(l)

Public use signs used to identify the name and display information about a public use, such as a government building, school, park, firehouse cemetery, or church: A total of 32 square feet per side will be allowed. Only one such sign per organization will be permitted on the site.

(m)

Off-premises identification signs: In addition to the requirements above any nonprofit or civic organization (churches, schools, clubs, lodges, etc.) shall be permitted to erect two off-premises signs within the Township. Such signs shall not exceed six square feet per side. If more than one organization collectively erects one sign, each organization shall be permitted a maximum of six square feet of sign area; however, no such sign shall exceed a total sign area of 24 square feet. Each use of a collective sign shall constitute one of the organization's two permitted off-premises signs.

Classification of signs by type of construction. All signs shall be divided into the following types of construction and shall be subject to the specific regulations listed therewith:

Ground sign: any sign erected upon a permanently affixed independent structure (legs or base) so that such structure is the main support of the sign. "Ground sign" shall not include temporary signs that are attached to mobile trailers containing wheels and capable of being towed from one site to the next.

No ground sign shall project to a point nearer than 12 feet from the edge of a street right-of-way (unless obstructing view, at which time further setback is required). No support for any ground sign shall be located nearer than 12 feet to any property line. Such signs shall not exceed 20 feet in height nor exceed 80 square feet in total sign area; however, planned center signs may have a maximum size of 200 square feet. Billboards, as regulated in § 185-56, are exempt from these specific requirements.

Flat wall sign: a sign erected or displayed on or parallel to the surface of a building.

Flat wall signs may have a maximum area of 15% of the wall area of the wall on which the sign is to be erected.

Flat wall signs may be erected upon a canopy or marquee if the structural strength of such canopy or marquee is sufficient to safely carry the additional load and provided that such signs may not extend beyond the edges of said canopy or marquee or extend within otherwise prohibited areas. Flat wall signs shall not project more than 12 inches from the building wall and must be located so that the lower edge is a minimum of eight feet above grade where the sign projects from the wall more than three inches.

Wall projecting sign: any sign mounted upon a building so that its principal face is at right angles to the building wall.

Projecting signs shall be located upon the buildings so that the lower edge is a minimum of 10 feet above grade. Projecting signs may project a maximum of 10 feet from the building wall; provided, however, that no sign shall project to a point nearer than 12 feet from the edge of the street right-of-way.

No projecting sign shall extend more than 15 feet above the top of the wall upon which it is mounted.

[3]

Wall projecting signs may be erected upon a canopy or marquee if the structural strength of such canopy or marquee is sufficient to safely carry the additional load and provided that such signs may not extend beyond the edges of said canopy or marquee or extend within otherwise prohibited areas.

Roof sign: a sign erected or displayed upon the roof of any building or structure or a wall sign, a portion of which exceeds the height of the building.

No roof sign shall be placed upon the roof of any building so as to prevent the free passage from one part of the roof to the other thereof or interfere with any openings in such roof.

No sign erected upon the roof of any building shall project beyond the edges of said roof in any direction.

[3]

Roof signs may extend above the roof, or top of wall, a distance equal to 1/2 the height of the wall or 15 feet, whichever is the smaller height.

[4]

Roof signs may have a maximum area of 15% of the wall area to which the sign is attached.

[5]

No roof sign parallel to a building shall extend in length a distance greater than 2/3 the length of the wall to which it is parallel.

Permits.

Requirements for signs. The following signs shall be permitted without requirement of permit for erection when erected and maintained in conformity hereto:

Official traffic signs.

Professional, accessory use, or name signs.

Temporary signs of contractors, architects, mechanics and artisans.

Real estate sale-sold-rent-development signs.

(e)

Functional signs.

(f)

Signs within buildings, not visible from outdoors.

Permit required.

All other signs shall require the obtainment of a permit prior to the erection or installation of the sign.

All applications for sign permits shall be accompanied by scaled plans or diagrams showing the following:

Exact dimensions of the lot, including any right-of-way lines or building upon which the sign is proposed to be erected.

Exact size, dimensions, and location of the said sign on the lot or building, together with its type, construction, materials to be used, and the manner of installation; and

[3]

Any other lawful information which may be required of the applicant by the Zoning Officer.

Application for permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such Officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this chapter.

No sign permit shall be issued except in conformity with the regulations of this chapter except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.

(e)

Permits shall be granted or refused within 15 days from date of application or within 15 days from the date of the Zoning Hearing Board's decision (where applicable).

§ 185-40 Required vehicular access.

Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street. The erection of buildings without approved access shall not be permitted. "Approved access" shall be defined in terms of the governing Subdivision and Land Development Ordinance, as may be amended from time to time, for street design or as subsequently provided for by the Township. See § 185-30, Driveway requirements, and § 185-26, Access drive requirements.

PENNDOT permit. Any driveway intersecting with a state-owned road shall require the obtainment of a driveway permit from the Pennsylvania Department of Transportation.

§ 185-41 Roadway classifications.

For the purposes of this chapter, the Township's roads shall be classified in the following categories:

Arterial Roads

28th Division Highway (U.S. 322)

Furnace Hill Pike (PA 501)

Pennsylvania Turnpike (PA 76)

Major Collector Roads

Brubaker Valley Road

Brunnerville Road

Clay Road

Lexington Road

Newport Road

Minor Collector Roads

Hopeland Road

Reifsnyder Road

Sleepy Hollow Road

Snavely Mill Road

Speedwell Forge Road Local Roads

All other roads shall be considered to be local roads.

§ 185-42 Screening and landscaping requirements.

Yard ground cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover (e.g., grass, ivy, vetch, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to complement other vegetative materials. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced promptly.

Screening. The following materials may be used: evergreens (trees, hedges, or shrubs), walls, fences, earth berms, or other approved similar materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screening shall be arranged so as to block the ground level views between grade and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation.

Selection of plant materials.

Trees and shrubs shall be typical of their species and variety, have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

Any tree or shrub that dies within 18 months of planting shall be replaced. All landscaping and screening treatments shall be properly maintained.

§ 185-43 Setback modifications.

Front setback of buildings on built-up streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 30 feet from any abutting street right-of-way line.

Accessory or appurtenant structures. The setback regulations do not apply to:

Bus shelters; telephone booths; and cornices, eaves, chimneys, steps, canopies, and similar extensions but do apply to porches and patios whether covered or not.

Open fire escapes.

Minor public utility structures, articles of ornamentation or decoration.

Fences, hedges and retaining walls.

Accessory buildings or structures in front yards. Except as provided for elsewhere in this chapter, the following regulations shall apply:

Accessory buildings and structures which do not exceed 200 square feet in floor area and 10 feet in height may be permitted between the nonaddress street and the principal structure as an accessory use subject to the following:

The accessory building or structure shall not encroach upon the front yard requirement of the underlying zoning district.

The accessory building or structure shall not be located closer to the address street front lot line than the principal structure.

The accessory building or structure shall be a minimum of six feet from any side or rear property line.

There shall be no exterior storage between the accessory building and the street or property line(s).

§ 185-44 Steep slope requirements.

All land development applications on a site containing slopes of 15% or greater shall require the preparation of a statement by a commonwealth-registered engineer, architect or landscape architect which includes the following minimum considerations:

A topographic map of the site that highlights those areas that possess slopes exceeding 15%. Also reflected on this map shall be all existing and proposed site improvements (e.g., buildings, roads, sewer systems, driveways and etc.).

A detailed description of the methods that are being used to:

Avoid the clearing of vegetation in areas that have a high potential for soil erosion.

Minimize the placement of structures and other site improvements on areas with slopes exceeding 15%.

Minimize grading throughout the site.

Protect and preserve any natural wildlife and/or plant habitats that coincide with the steep-sloped areas of the site.