The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
A.
Except as specifically provided elsewhere in this chapter, no lot
shall have more than one principal structure. No additional structures
may contain any housekeeping facilities.
[Amended 11-14-2017 by Ord. No. 2017-5]
B.
Where a lot is used for a permitted commercial purpose,
more than one principal commercial structure may be located upon the
lot, but only when such structures conform to all land use, lot coverage
and yard requirements for the district in which it is located.
C.
One additional single-family mobile home dwelling
unit to be occupied by a relative, may be permitted in an A-1, A-2,
R-1 or R-2 District provided a minimum site of two acres is delineated
for each dwelling unit situated on the property.
D.
The Zoning Officer may grant a permit for a period
not to exceed six months, renewable once, for the temporary placement
of a mobile home, travel trailer, or motorized home to be used for
living or housekeeping purposes under the following circumstances:
(1)
The mobile home, travel trailer, or motorized home
is placed on a parcel that contains a single-family dwelling that
was rendered uninhabitable by fire, storm, explosion, or act of God,
and the applicant for the permit had been occupying the single-family
dwelling as his primary residence at the time of the adversity;
(2)
The single-family dwelling is in the process of repair
or reconstruction at the time the permit is requested, or will be
under repair or reconstruction within a reasonable period of time
thereafter; and
(3)
The temporary living unit is equipped with adequate
provisions for sanitation and is properly anchored to withstand normal
weather conditions.
E.
Temporary structures used in conjunction with construction
work shall be permitted only during the period that construction work
is in progress. Permits for temporary structures shall be issued for
a maximum period of six months.
A.
Notwithstanding the limitations imposed by any other
provisions of the chapter, the Board of Supervisors may permit erection
of a dwelling on any lot of record (in a district where permitted
by this chapter) separately owned, or under contract of sale, and
containing at the time of the passage of this chapter an area or width
smaller than that required for a single-family dwelling.
B.
Side and rear yard: No structure, whether attached
to the principal structures or not, including porches, garages, carports,
balconies or platforms above normal grade level, shall project into
any minimum side or rear yard.
C.
Front yard.
(1)
No structures whether attached to the principal structures
or not, including garages, carports or balconies above normal grade
level, shall project into any minimum front yard.
(2)
Video satellite dish installations shall be established
to the rear of the front building line and no portion of the unit
or its mounting shall be situated within any required minimum side
or rear lot setback areas. No portion of the unit or its mounting
shall be attached in any manner to another structure or building.
D.
Lots having frontage on more than one street shall
provide the required building setback on every street.
A.
Driveways shall be designed in such a manner that
would prevent the driveway material and associated stormwater from
entering onto a public road.
B.
Driveways must be five feet from property lines, subject
to the right of adjoining property owners to enter joint driveway
agreements, unless otherwise specified by the provisions of this chapter.
C.
Driveways for commercial and industrial uses shall
have a minimum width of 20 feet unless specified otherwise by applicable
regulations.
D.
Access drives to and from off-street parking, loading
and vehicle service areas along public rights-of-way shall consist
of well defined separate or common entrances and exits.
A.
No excavation that has an obvious or identified potential
of creating adverse environmental circumstances, such as erosion,
slip-slide areas, subsidence, significant watercourse changes, air
or water pollution or similar conditions, shall be undertaken until
a zoning permit has been issued by the Zoning Officer.
B.
The applicant for a permit to proceed with excavation
shall obtain all permits and authorizations required by local and
any other county, state and federal governmental agencies having jurisdiction
over such matters, prior to approval of a Zoning Permit by local authorities.
C.
Normal agricultural activities, commonly and routinely
engaged in by farm and residential residents in the municipality,
shall not be considered excavations and shall not require permits.
Essential services as defined in this chapter
shall be permitted as special exceptions in all zoning districts,
subject to restrictions approved by the Zoning Hearing Board with
respect to use, design, yard area, setback and height. The Board shall
consider the impact of the use, activity, or structure involved, on
adjacent land uses in terms of safety, potential for property devaluation
and related factors.
A.
Measurement of height shall be the vertical height
from the average elevation of finished grade at the front of the structure
to:
B.
The height limitations of this chapter shall not apply
to flagpoles, church spires, belfries, domes or similar projections
not used for human occupancy, nor to chimneys, ventilations, skylights,
water tanks, public utility facilities, bulkheads, silos, antennas,
and other necessary mechanical and operational apparatus usually carried
above the roof level.
A.
All land use activities shall comply with the requirements
of this section. The Township may require evaluation by a qualified
consultant, whose cost for services shall be borne by the applicant,
in cases where issues develop over the need for, or the adequacy of,
compliance.
B.
Fire prevention. Fire prevention and fire control
equipment acceptable to standards of the Board of Fire Underwriters
or other appropriate regulatory agency shall be readily available
where any activity involves the handling of flammable or explosive
materials.
C.
Steady-state noise emanated from stationary equipment.
Steady-state noise emanating from stationary equipment or sources,
which will persist during indefinite or periodic intervals of time
over a period of more than seven consecutive days onto adjacent real
properties or to a receiving property within any district within the
Township, shall not exceed the maximum noise levels prescribed in
this section.
(1)
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) of this section when measured at the following locations:
(2)
Maximum permissible noise levels are:
(a)
Daytime (7:00 a.m. to 10:00 p.m.) - 75 dBA;
(b)
Nighttime (10:00 p.m. to 7:00 a.m.) - 70 dBA.
(c)
Sound measurements made to determine compliance
with the conditions and standards of this section shall be made using
a sound level meter which conforms to Type 1 or Type 2 as specified
in ANSI Specifications S1, 4-1971.
D.
Odor. No malodorous gas or matter that is discernible
on any adjoining lot or property shall be permitted except for normal
farm operations carried on in the A-1 and A-2 District.
E.
Air pollution. No pollution of air by flyash, dust,
smoke, vapors, or any substance that is harmful to health, animals,
vegetation or other property shall be permitted.
F.
Erosion. No erosion by wind or water that will carry
objectionable substances onto neighboring properties shall be permitted.
G.
Water pollution. Water pollution in violation of any
standards established by the Pennsylvania Department of Environmental
Protection shall not be permitted.
A.
No lot or premises may be used as a storage area or
dump for garbage, junk automobiles, appliances or storage or collection
of any other miscellaneous items except as provided for in appropriate
articles of this chapter or other applicable Township statutes.
B.
No more than two vehicles or other units of motorized
equipment that are disabled, from which the wheels or engine have
been removed, or which are not in operating condition or do not have
a current motor vehicle license and/or inspection sticker attached,
shall be placed, parked or stored for a period exceeding 90 days,
in any district, nor shall any owner or occupant of the property in
any district permit said property to be used for the parking or storage
of such vehicles or equipment. The foregoing shall not prohibit the
rental of space in a private or public garage, repairs in a permitted
garage in a commercial district, or storage of vehicles in a junkyard.
This regulation is not meant to apply to operable classic or antique
motor vehicles, farm tractors, racers and other vehicles not requiring
state inspection.
C.
Any material stored outside an enclosed structure
being used for commercial or industrial purposes, as an incidental
part of the primary operation, shall be screened by opaque ornamental
fencing, walls or evergreen plant material in order to minimize visibility
if the storage area is readily visible from adjoining properties zoned
R-1 and R-2. Materials shall not be deemed to include operable vehicles.
In addition, bulk fuel storage shall be no closer than 200 feet to
an existing dwelling, school, hospital or related residential use.
D.
Where required, a screen or buffer shall have a height
adequate to achieve its purpose. Plant materials used for screening
shall consist of dense evergreen plants. They shall be of a kind,
or used in such a manner, so as to provide a continuous opaque screen
within 24 months after commencement of operations in the area to be
screened. The governing body shall require that either new planting
or alternative screening be provided if, after 24 months, the plant
materials do not provide an opaque screen.
E.
Mobile recreational vehicles, such as travel trailers, pickup coaches
and motorized homes, parked or stored must comply with all regulations
of Ordinance No. 2017-4 otherwise known as the Campgrounds and Recreational
Vehicles Ordinance[1] except as permitted in this chapter under Article XIII, § 185-46D and E.
[Amended 11-14-2017 by Ord. No. 2017-5]
Individual mobile homes, not a part of a mobile
home park, that are installed where permitted on private land as single-family
residential dwellings shall comply with all regulations for conventional
dwelling houses with respect to size, setback and side lines of the
district in which it will be sited, and shall meet the following additional
requirements:
A.
The mobile home shall be installed to conform with
all front yard, side yard and rear yard setback lines applicable to
housing in the district.
B.
The mobile home shall be installed upon, and securely
fastened to, a frost-free foundation, basement or footer.
C.
An enclosure of compatible design and material shall
be erected around the entire base of any mobile home not mounted on
an enclosed foundation or basement. Such enclosure shall provide sufficient
ventilation to inhibit decay and deterioration of the structure.
D.
The owner shall provide a potable water supply and
shall provide a sewage disposal system which meets all standards of
the Pennsylvania Department of Environmental Protection.
All development within flood prone areas of Raccoon Township shall conform to applicable requirements of Chapter 95, Floodplain Management, of the Code of the Township of Raccoon, and all amendments thereto.
A.
Every swimming pool, not including farm ponds, that
has a below ground depth of 24 inches or more, and every swimming
pool that has a height of three feet or more at its highest point
above ground, must comply with the side, rear and front yard setback
requirements of this chapter.
B.
Every swimming pool that is permanent in nature (all
in-ground swimming pools, pools installed partially or completely
below ground level and a wooden and/or metal frame exterior with a
plastic liner or other liner as is customarily used in the industry
that is not normally taken down during the winter months) must be
enclosed with a fence of a height no less than four feet above ground
level, and said fence must completely enclose said pool. Gates must
have an appropriate lock installed thereon to deter unauthorized entrance.
C.
Aboveground pools with decks utilizing a step gate
combination or a step or stairway to gain access to said pool must
have a gate across the steps equipped with a workable lock, or if
the steps or stairway is retractable, the same must be attached to
a lock that is secured when the same are retracted.
Roadside stands for the sale of produce and
related farm products produced on site in A-1 and A-2 Districts shall
conform to the following minimum standards:
Cellular communication tower antenna as defined
in this chapter may be permitted as a conditional use in A-1 and A-2
Agricultural Districts and in C-1 Light Commercial and C-2 Highway
Commercial Districts pursuant to the standards and criteria specified
herewith:
A.
Existing structures.
(1)
In order to reduce the number of antenna support structures
needed in the community in the future, proposed support structures
shall be required to accommodate other users, including other cellular
communication companies, and local police, fire and ambulance.
(2)
A cell site with antenna that is attached to an existing
communication tower, smoke stack, water tower, or other tall structure,
is permitted in zoning districts. The height of the antenna shall
not exceed the height of the existing structure by more than 15 feet.
If the antenna is to be mounted on an existing structure (and is within
the fifteen foot limit) it shall be authorized as a use by right and
the applicant shall not be required to meet the standards and criteria
contained in the following provisions of this section of the chapter.
B.
New structures.
(1)
If the cellular communications company proposes to
build a tower (as opposed to mounting the antenna on an existing structure).
It is required to demonstrate that it contacted the owners of tall
structures within an one-quarter mile radius of the site proposed,
asked for permission to install the antenna on those structures, and
was denied for reasons other than economics ones. This would include
smoke stacks, water towers, tall buildings, antenna support structures
of other cellular communications companies, other communications towers
(fire, police, etc.), and other tall structures. The municipality
may deny the application to construct a new tower if the applicant
has not made a good faith effort to mount the antenna on an existing
structure.
(2)
All other uses ancillary to the antenna and associated
operational equipment (including a business office, maintenance depot,
vehicle storage, etc.) are prohibited from the cell site, unless otherwise
permitted in the zoning district in which the cell site is located.
(3)
A cell site with antenna that is either not mounted
on an existing structure, or is more than 15 feet higher than the
structure on which it is mounted, is permitted only in the A-1, A-2,
C-1 and C-2 Zoning Districts if authorized under conditional use provisions.
C.
Application requirements for conditional use. The
application for conditional use shall include a development and operational
plan. The following information, and all other data deemed appropriate
and necessary to demonstrate that the intent and purposes of this
chapter will be achieved, shall be included.
(1)
A description of the character, timing and duration
of the proposed construction, operation and use of the facility, including
maps and plans showing the location of the site, all access routes
from public roads, and the regional area to be influenced by the proposed
activity and use.
(2)
A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in the Chapter 161, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval of a site plan.
(3)
Complete plans of the proposed tower and all auxiliary
structures and support facilities shall be submitted. The applicant
shall demonstrate that the proposed antenna and support structure
are safe and the surrounding areas will not be negatively affected
by support structure failure, falling ice or debris. All support structures
shall be fitted with anticlimbing devices, as approved by the manufacturers.
(4)
The applicant shall demonstrate that the antenna is
the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved. Antenna
support structures under 200 feet in height should be painted silver
or have a galvanized finish retained in order to reduce the visual
impact. Support structures may be painted green up to the height of
nearby trees. Support structures 200 feet in height or taller, or
those near airports, shall meet all Federal Aviation Administration
(FAA) regulations. No antenna support structures may be artificially
lighted except when required by the FAA.
(5)
Setbacks from base of antenna support structure. If
a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the following requirement shall
apply: The distance between the geometric ground level center point
of an antenna support structure and any adjacent public road-right-of-way
and the bordering building setback lines of all adjacent land parcels
shall be equal to, or greater than, 110% of the height of the antenna
structure and all appendages attached thereto, as measured vertically
from mean ground level.
(a)
All buildings and structures on the site other
than the antenna support structure and any guy wire anchors shall
conform to the setback and dimensional requirements that apply to
the zoning district in which the site is located.
(b)
A fence shall be required around the antenna
support structure and other equipment unless the antenna is mounted
on an existing structure. The fence shall be a minimum of eight feet
in height. The entire fence shall be constructed in a manner to prevent
the entry onto the portion of the premises on which the use is situated,
by unauthorized persons, domestic animals or livestock.
(6)
All applicable parking, sign and other requirements
of this chapter shall apply. If the cell site is fully automated,
adequate parking shall be required for maintenance workers. If the
site is not automated, the number of required parking spaces shall
equal the number of people on the largest shift.
(7)
The site, including all structures, shall be constructed
and landscaped in a manner appropriate to the district in which it
is located. Open areas shall be covered with an appropriate vegetative
material and properly maintained.
(a)
Suitable landscape screening or buffers shall
be developed, if deemed necessary by the governing body, to minimize
visibility of outside storage or ground level operational functions
if said level activities are readily visible from adjoining properties
used for residential purposes. Where required, a screen or buffer
shall have a height adequate to achieve its purpose.
(b)
Plant materials used for screening shall consist
of dense evergreen plants. They shall be of a kind, or used in such
a manner, so as to provide a continuous opaque screen within 24 months
after commencement of operations in the area to be screened. The governing
body shall require that either new planting or alternative screening
be provided if, after 24 months, the plant materials do not provide
an opaque screen.
(c)
The governing body may permit any combination
of existing vegetation, topography, walls, landscaping, if they achieve
the same degree of screening as the required landscaping. If the antenna
is mounted on an existing structure, and other equipment is housed
inside an existing structure, landscaping shall not be required.
(8)
As a condition of the issuance of the conditional
use, the following provisions and guarantees shall be provided by
the fee simple owner of the site to agree to dismantle and remove
the tower and associated facilities promptly should its use be abandoned
for a period of 12 consecutive months.
(a)
The applicant shall provide the written opinion
of a qualified professional certifying the current cost of the dismantling
and removal of the tower and associated facilities. The Township,
at its option, may secure the opinion of another professional to verify
the accuracy of the figures submitted, and the applicant shall bear
the cost of obtaining such opinion.
(b)
The issuance of a permit for the erection of
a tower shall be conditioned on applicant's posting of a surety bond
guaranteeing the dismantling and removal of the tower should its use
be abandoned. The amount of the bond shall be equal to 120% of the
cost of removal of the tower as set forth in (a) above. The amount
of the bond shall be adjusted annually in accordance with the Consumer
Price Index as published by the U.S. Department of Labor.
(9)
When applicable, the applicant shall have obtained
from each appropriate state and federal regulatory agency or authority,
all required permits issued in accordance with all applicable state
and federal laws, directives and regulations for the proposed use.
(10)
As a condition of the issuance of the conditional
use, applicants shall agree to pay an annual fee in an amount fixed
by resolution of the Board of Supervisors and to submit an annual
report on the status of operations at the facility site.
[Added 11-14-2017 by Ord.
No. 2017-5]
Where a use is not listed as a permitted, conditional or special
exception use in any zoning district within the Township, a landowner
and/or developer may request special exception use approval, in which
case the Zoning Hearing Board shall, upon consideration of a recommendation
from the Planning Commission, determine if the characteristics of
the proposed use are of the same general character as any of the uses
authorized as permitted uses by right, conditional uses or uses by
special exception in the zoning district in which the property is
located. In order to receive approval, the Zoning Hearing Board must
determine that the impact of the proposed use on the environment and
adjacent streets and properties is equal to or less than any use specially
listed in the applicable zoning district. In making such determination,
the Zoning Hearing Board shall consider at least:
A.
The floor area of the building or gross areas of the lot devoted
to the proposed use;
B.
The number of employees, visitors, customers, etc., resulting from
the proposed use;
C.
The type of products, materials and equipment and/or processes involved
in the proposed use;
D.
Traffic and environmental impacts and the ability of the proposed
use to comply with the criteria set forth within the Township Code;
E.
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located;
F.
The proposed use shall comply with any applicable express standards
and criteria specified in this article for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed; and
