These regulations shall apply to the following uses allowed
by right, in addition to the regulations of the zoning district, unless
otherwise specified in this chapter.
Within the AP, RC, and C Zones, animal hospitals shall comply
with the following requirements:
A. All animal boarding buildings and structures that are not wholly
enclosed as well as outdoor animal pens, stalls, and runways shall
be set back a minimum of 100 feet from all lot lines.
B. All outdoor running areas shall be enclosed to prevent the escape
of the animals.
C. All animal wastes shall be cleaned up daily and disposed of properly.
D. The applicant shall demonstrate a working plan to minimize noise
emanating from animals boarded at the site. All buildings should be
adequately soundproofed.
E. All outdoor storage, parking, and loading areas shall be visibly
screened from adjoining properties that are in the R-1, R-2, R-3,
or V District and from adjoining existing residential uses.
F. Any building or area used for the housing, feeding, watering, or
running of animals shall be set back at least 1,000 feet from the
nearest property line.
G. Outdoor runs shall have a double evergreen screen at least six feet
high around them. No animal shall be permitted to use the outdoor
runs from 9:00 p.m. to 7:00 a.m.
H. Animal hospitals shall comply with the parking requirements of §
133-30B.
Within the R-3 Zone, multifamily dwelling units shall comply
with the following requirements:
A. Apartments in cellars are prohibited.
B. Each dwelling unit within a multifamily building or residence
shall be designed with a private entrance for each unit, whether said
entrance is from the exterior of the building or by way of a common
entry or corridor.
C. Fire escapes and outside stairways shall be located on the side or
rear of the building.
D. A use and occupancy permit shall be obtained from the Zoning Officer
prior to the initial occupancy of any apartment.
E. Determination of the total minimum lot area required for apartments
or principal uses with apartments shall be the sum total of the lot
area required for each apartment plus the lot area required for any
principal use.
F. In addition to the requirements listed in Subsections
A through
F above, apartment buildings containing two or more apartments located above the first floor shall meet the following conditions:
(1)
Two exitways, accessible to each apartment and reasonably remote
from each other, shall be required.
(2)
At least one entrance stairway to each apartment shall be by
an interior corridor.
G. Apartments may be established in single-family dwellings, provided that the following conditions are met in addition to those listed in this section as well as applicable regulations contained in Article
IV:
(1)
An apartment established within a single-family dwelling shall
be clearly accessory to the single-family dwelling use.
(2)
Only one apartment shall be permitted to be added to any existing
single-family dwelling.
(3)
The area of such an apartment shall not exceed 30% of the habitable
floor area of the existing single-family dwelling before the apartment
was established.
H. If apartments are established in conjunction with an existing nonconforming
use, the following requirements shall be applied:
(1)
A structure containing a nonconforming use shall not be extended
or enlarged to accommodate the addition of apartment uses. Only portions
of the structure existing on the date of adoption of this chapter
may be converted for apartments.
(2)
The number of apartments established shall not exceed the maximum
number of units allowed by lot area contained in this chapter, minus
one apartment for each story of the structure remaining in nonconforming
status. The minimum lot area requirement for the nonconforming nonresidential
use shall not apply when calculating the number of apartments permitted.
(3)
The number of off-street parking spaces shall not be reduced;
and, in all cases, a minimum of the off-street parking spaces required
by this chapter for the nonconforming use plus the apartments shall
be provided.
Within the AP Zone, commercial livestock operations shall comply
with the following requirements:
A. Any building or area used for the housing, feeding, watering, or
running of animals shall be set back at least 1,000 feet from the
nearest property line.
B. Until such time as the Pennsylvania Nutrient Management Act: 3 Pa.C.S.A. § 501
et seq., is implemented, the applicant must submit a nutrient management
plan for the proposed use that has been reviewed and approved by the
York County Conservation District. After implementation of the Pennsylvania
Nutrient Management Act, the applicant shall submit a copy of an approved
nutrient management plan for the proposed use that has been reviewed
and approved by the appropriate reviewing agency. All subsequent operations
and activities shall be conducted in accordance with such plans. If,
at any time, the nutrient management plan is amended, the applicant
must again submit the amended plan to the Zoning Officer.
C. The applicant shall furnish evidence from the York County Conservation
District that the proposed use has an approved conservation plan.
All subsequent operations and activities shall be conducted in accordance
with such conservation plan. If, at any time, the conservation plan
is amended, the applicant must again furnish evidence from the York
County Conservation District that the amended plan has been approved.
D. The applicant shall submit, abide by, and demonstrate a working knowledge
of written qualified evidence describing those methods that will be
used to do the following:
(1)
Minimize odor on nearby properties and minimize fly, rodent,
and other pest infestations on the applicant's property as well as
nearby properties. Unless these methods employ the best possible techniques
and materials that can be practicably applied to the proposed use,
the application will be denied.
(2)
Dispose of dead animals according to the regulations of the
Pennsylvania Department of Agriculture. In the event of a catastrophic
event in which mass disposal is warranted, the Pennsylvania Department
of Agriculture can require whatever disposal methods are deemed appropriate
to safeguard animal and public health.
(3)
Comply with the above-required nutrient management plan and
conservation plan.
E. Any exhaust or ventilation fans employed shall be oriented and directed
away from the closest residence that is not that of the operator.
If said fans are within 1,000 feet of the closest residential property
line that is not that of the operator, then the applicant shall construct
a dispersion buffer between the exhaust of the fan and that/those
residence(s). Such dispersion buffer shall include a vegetative berm
that will effectively disperse or redirect fan exhaust so that no
direct exhaust velocity is perceptible at the property line.
F. Any driveway or access drive providing for vehicular access to the
proposed use shall maintain a fifty-foot-wide radius for all turns
and intersections.
G. All buildings used for the housing of livestock shall be fitted with
a solid concrete slab or slotted floor.
Within the C Zone, commercial recreation establishments shall
comply with the following requirements.
A. All such uses shall front upon and have access to an arterial or
collector road.
B. All outdoor recreation and activity areas shall be set back at least
50 feet from all property lines and structures.
C. Screening shall be provided along any adjoining residential zoning
districts.
D. All such uses shall comply with all other applicable regulations
of this chapter and other Township ordinances, including but not limited
to the requirements for landscaping, off-street parking, and signage.
Within the AP and RC Zones, farm produce stands shall comply
with the following requirements:
A. Direct commercial sales of agricultural commodities may occur upon
property owned or operated by a landowner. The landowner must produce
not less than 50% of the commodities to be sold. Under circumstances
of crop failure due to reasons beyond the control of the landowner,
direst sales may be authorized without regard to the 50% limitation.
B. No building or structure shall be placed between the street and the
building setback line.
C. An off-street area shall be provided to accommodate parking and shall
be sited to enable customer vehicles to pull off the cartway and park
safely. This area may but need not be an improved parking lot.
Within the C Zone, financial institutions shall comply with
the following requirements:
A. All drive-through window lanes shall be separated from the parking
lot's interior driveways.
B. All automated teller machines shall be located, or contain convenient
parking spaces, so that the on-site movement of vehicles will not
be hampered by those cars belonging to persons using the automated
teller machine(s).
C. Sufficient stacking lanes shall be provided associated with drive-through
windows to prevent vehicle backups on adjoining roads.
D. Any exterior microphone or speaker system shall be arranged and/or
screened to prevent objectionable noise impact on adjoining properties.
E. The use shall comply with all other applicable regulations of this
chapter and other Township ordinances, including but not limited to
the requirements for landscaping, off-street parking, and signage.
Within the C Zone, funeral homes shall comply with the following
requirements:
A. Public sewer and public water facilities shall be utilized.
B. A crematory shall be allowed as an accessory use, provided that it
complies with all local, state, and federal regulations.
C. The use shall comply with all other applicable regulations of this
chapter and other Township ordinances, including but not limited to
the requirements for landscaping, off-street parking, and signage.
In the RC, R-1, R-2, R-3, or V Zone and subject to the requirements
of that zone, except as herein modified and provided:
A. A plan showing the layout of the facility, specifically identifying
all rooms or other areas of the property to be used and the uses to
be made there, and all of the services to be provided.
B. The applicant shall meet all safety requirements for such facilities
as required by any federal, state or local law. Group homes shall
be registered and licensed as required by either the federal government
or the Commonwealth of Pennsylvania and shall be in compliance with
all applicable rules and regulations of the licensing body.
C. Traffic shall not exceed normal residential levels, and ingress and
egress must be from safe and proper locations.
D. Each group home shall provide off-street parking as required for
single-family dwellings.
E. A common kitchen and dining facility shall be provided, and no cooking
or dining facilities shall be provided in individual rooms or suites.
F. The use and occupancy relationship by its residents shall be the
functional equivalent of a biologically related family.
Within the I Zone, heavy storage, sales, and/or service shall
comply with the following requirements:
A. Access not located within the I Zone shall be via an arterial or
collector street as designated by the Township's Comprehensive Plan.
B. A buffer yard 25 feet wide must be located on the site in all instances
where the site adjoins a residential use or zone. The buffer yard
shall be naturally landscaped and have no impervious cover and shall
not be used for building, loading, or storage.
C. Any outdoor storage areas shall be enclosed by a wall or fence and
screened from view of adjoining properties. No materials may be stored
so as to create a public health hazard or a public nuisance. The storage
of junked vehicles, boats, machinery, mobile homes, and heavy equipment
vehicles is prohibited.
D. No toxic or hazardous materials may be stored on any property, except
in compliance with applicable local, state, and federal regulations.
Within the RC and R-2 Zones, houses of worship shall comply
with the following requirements:
A. The primary organization utilizing the facility shall be a nonprofit
organization registered in the Commonwealth of Pennsylvania.
B. Principal structures shall have minimum side yards of 50 feet each;
all other setbacks and structures shall be sited in compliance with
the regulations of the RC or R-2 Zone.
C. One single-family residence is permitted as an accessory use when
located upon the same lot as the principal place of worship, subject
to the following conditions:
(1)
The total floor area of the residential use shall not exceed
25% of the floor area of the principal structure.
(2)
The residents must be directly involved in the operation of
the place of worship.
(3)
All residential structures shall comply with the structure height
and setback requirements of the RC or R-2 Zone.
D. Educational and/or day-care facilities are permitted as accessory
uses when located on the same lot as the principal place of worship
and subject to the following conditions:
(1)
If education or day-care is offered below the college level,
an outdoor play area shall be provided, at a rate of 100 square feet
per individual enrolled. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a six-foot-high
fence and shall be screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (not poisonous or thorny). All outdoor play
areas must provide a means of shade, such as shade trees or a pavilion(s).
(2)
Enrollment shall be defined as the largest number of students
and/or children under day-care supervision at any one time during
a seven-day period.
(3)
Passenger drop-off areas shall be provided and arranged so that
passengers do not have to cross traffic lanes on or adjacent to the
site.
(4)
All structures accommodating education and day-care uses shall
be governed by the location, height, and bulk standards applicable
to principal uses permitted within the RC or R-2 Zone.
(5)
Unless the applicant can demonstrate that the off-street parking
associated with the place of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10, and/or one off-street parking space for each
three students in grades 10 and above.
E. The use shall comply with all other applicable regulations of this
chapter and other Township ordinances, including but not limited to
the requirements for landscaping, off-street parking (except as noted
below), and signage.
F. Parking.
(1)
All parking shall be in accordance with §
133-30 of this chapter.
(2)
Where the place of worship includes accessory use(s) that will
operate during times when the main use is not in operation, the use
of shared parking shall be encouraged. In such cases, the amount of
off-street parking provided need not be equal to the sum that would
be required of all uses on the site, only the sum of all uses in operation
at any one time.
(3)
Off-street parking areas shall be designed and constructed to
prevent traffic from backing onto public streets.
(4)
All required parking shall be located on the site of the facility.
(5)
Off-street parking areas shall be set back a minimum of 25 feet
from all street right-of-way lines and 30 feet from any adjoining
residential properties.
Within the C Zone, dry-cleaners, commercial laundries, and laundromats
shall comply with the following requirements:
A. Public sewer and public water shall be used.
B. All activities shall be conducted within a completely enclosed building.
C. During times of operation, plant cleanup, and maintenance, all windows
and doors along walls that face residences and Residential and Village
Zoning Districts shall be kept closed.
D. Ventilation exhausts shall meet all applicable state and federal
air quality standards. Ventilation outlets must be set back at least
50 feet from all property lines or be directed skyward; in no case
shall any such exhaust outlet be directed toward adjoining residences
or Residential or Village Zoned property.
E. Off-street parking shall be provided as required by this chapter
Within all zones, the no-impact home-based business must satisfy
the following requirements:
A. The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B. The business shall employ no employees other than family members
residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including
but not limited to parking, signs, or lights.
E. The business activity may not use any equipment or process that creates
noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception
that is detectable on adjacent properties.
F. The business activity may not generate any solid waste or sewage
discharge in volume or type that is not normally associated with single-family
residential use.
G. The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity
Within the AP and RC Zones, noncommercial keeping of livestock
shall comply with the following requirements:
A. Minimum lot area.
(1)
The minimum lot area shall be two acres. Additionally, the following
list specifies additional area requirements by size of animals kept:
(a)
Group 1: Animals whose average adult weight is less than 10
pounds shall be permitted at an animal density of 12 per acre, with
a maximum number of 50 animals.
(b)
Group 2: Animals whose average adult weight is between 10 and
65 pounds shall be permitted at an animal density of two per acre,
with a maximum number of 20 animals.
(c)
Group 3: Animals whose average adult weight is greater than
65 pounds shall be permitted at an animal density of one per acre.
(2)
In no case shall a lot contain more than 50 total animals.
B. The following lists minimum setbacks (from all property lines) imposed
upon the placement of any structure used to house noncommercial livestock.
Should one structure be used to house a combination of animal types,
the most-restrictive setback shall apply.
(1)
Group 1 animals: up to 25 animals, a twenty-five-foot setback;
above 25 animals, a fifty-foot setback.
(2)
Group 2 animals: up to two animals, a fifty-foot setback; above
two animals, a one hundred-foot setback.
(3)
Group 3 animals: 100 feet.
C. All structures used to house noncommercial livestock shall be prohibited
from placement in the front yard.
D. All outdoor pasture or recreation areas shall be enclosed with fencing
to prevent the escape of the animals. Such fencing must be set back
at least 10 feet from all property lines.
E. All animal wastes shall be properly stored and disposed of so as
not to be objectionable at the site's property line. All animals,
their housing, and their outdoor pasture or recreation areas shall
be properly maintained so as not to become a nuisance to adjoining
properties.
[Added 6-7-2016 by Ord.
No. 210-16]
A. Where permitted. The noncommercial keeping of chickens shall be permitted within any zoning district on any lot where the principal use is residential and on which is located a single-family dwelling or two-family dwelling. A minimum lot size of one acre per dwelling unit is required, subject to compliance with this §
133-127.1.
B. Number and gender of chickens allowed.
(1)
A property owner shall be permitted to keep up to 10 chickens
per acre for noncommercial purposes as provided herein. For each tenth
of an acre over one acre, one additional chicken shall be permitted.
(2)
No roosters are permitted. Only hens are allowed.
C. Noncommercial purposes. Chickens kept under this section may be kept
for personal use and consumption only, and the property owner(s) or
occupant(s) shall not engage in any commercial sales, breeding or
other endeavor with regard to the chickens permitted hereunder; provided,
however, that surplus eggs may be sold if produced by chickens kept
on the lot.
D. Chicken coops or enclosures.
(1)
Chickens must be kept in a coop, enclosure or fenced area at
all times.
(2)
All chicken coops or enclosures containing the chickens shall
be at least 25 feet from any property line. No chicken coops or enclosures
shall be permitted in the front yard of any lot.
(3)
Coops, enclosures and fenced areas shall be kept in a clean,
dry, odor-free at the property lines, neat and sanitary condition
at all times.
(4)
Coops and enclosures shall provide adequate ventilation and
adequate sun/shade and must be reasonably impermeable to rodents,
wild birds and predators, including dogs, cats, raccoons, etc.
E. Control and safety of chickens.
(1)
The control and safety of chickens at all times shall be the
responsibility of the property owner, tenant or person occupying the
property.
(2)
Chickens shall be provided with access to feed and clean water
at all times. Feed and water shall be unavailable to rodents, wild
birds and predators. In the absence of chickens, uneaten food shall
be removed in a timely manner.
(3)
Chicken manure shall be stored in a fully enclosed structure
or watertight container. No more than three cubic feet of chicken
manure may be stored on a lot. However, manure may be used as fertilizer.
Any manure not used as fertilizer or in excess of the amount permitted
to be stored shall be disposed of in a manner approved by the Pennsylvania
Department of Agriculture. The coop, enclosure, fenced area and surrounding
area shall be kept free of trash and accumulated feces.
(4)
The chicken owner shall take actions necessary to reduce the
attraction of rodents and predators and the potential infestation
of insects and parasites. The owner shall immediately remove or have
treated any chickens found to be infested with parasites or insects
or that is sick/diseased.
(5)
Dead chickens shall be removed and disposed of in accordance
with Pennsylvania Department of Agriculture approved disposal procedures
immediately upon discovery.
(6)
The owner of such chickens shall not allow the chickens to roam
off of the lot on which their coop, enclosure or fenced area is located.
Any dog, cat or other domesticated animal which kills a chicken off
the permitted tract of land shall not, for that reason alone, be considered
a dangerous or aggressive animal.
F. Violations. The following acts shall be deemed to be violations of this §
133-127.1:
(1)
The keeping of chickens in violation of any provision of this
section.
(2)
Permitting any owner, renter, lessee or other occupant of a
property to allow chickens to be kept on a property in violation of
this section.
(3)
Keeping chickens inside of any dwelling unit.
(4)
The slaughtering of chickens on the property.
Within the AP Zone, slaughtering, processing, rendering, and
packaging of food products and their byproducts produced from the
remains of animals are permitted, subject to the following criteria:
A. Minimum lot area: five acres.
B. The subject site shall have access to a collector or arterial road.
C. All aspects of the slaughtering, processing, rendering, and packaging
operation, excepting the unloading and holding of live animals, shall
be conducted within a completely enclosed building.
D. All live animals held outside shall be within secure holding pens
or runways sufficiently large to accommodate all animals without crowding
and not located within the front yard.
E. The applicant shall furnish a working plan for the recovery of escaped
animals that minimizes the potential for animals to enter traffic
or cross property lines and that shall be continuously implemented.
F. All animal wastes shall be cleaned up daily and properly disposed
of so as not to be objectionable at the site's property line.
G. The unloading of live animals from trucks into holding pens and their
movement into the plant shall be continuously supervised by a qualified
operator, whose responsibility it shall also be to immediately identify
and appropriately dispatch any obviously ill or injured animals.
H. The unloading of live animals and their movement into the plant shall
be conducted in an orderly and calm manner so as to minimize noise
levels.
I. The loading and unloading of trucks shall be restricted to the hours
between 7:00 a.m. and 7:00 p.m.
J. No exterior animal holding pens and/or areas devoted to loading or
unloading of animals shall be located within 200 feet of any property
line or 500 feet of any land within the R-1, R-2, R-3, or V Zone.
K. All animal holding pens and/or areas used for the loading or unloading
of animals shall be screened from all adjoining properties and shall
include a minimum fifty-foot-wide landscaped strip.
L. Wastewater shall be kept completely covered at all times to reduce
the potential for release of odors. In no event shall wastewater be
disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with PADEP regulations.
M. All unusable animal byproducts shall be stored indoors in leakproof
and vectorproof containers. In the case of slaughtering or processing
operations that do not do their own rendering, the applicant shall
provide evidence of a written contract with a rendering operation
for the daily disposal of such waste products. In no case shall any
waste products remain on the site for more than 24 hours.
N. The applicant must demonstrate written compliance with and continue
to comply with all applicable local, state, and federal standards
and regulations.
O. The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road.
P. Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
major collector or arterial roads.
Q. All access drives shall be designed and located so as to comply with §
133-35 of this chapter.
R. All access drives onto the site shall have a paved minimum thirty-five-foot-wide
cartway for a distance of at least 200 feet from the street right-of-way.
In addition, if portions of on-site access drives are unpaved, then
a fifty-foot-long gravel section of driveway shall be placed just
beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels. The owner and/or
operator shall be responsible for removing any mud from public roads
caused by persons traveling to and from the site.
Within the AP Zone, stables or riding academies shall comply
with the following requirements:
A. Minimum lot area shall be 10 acres.
B. Any structure used for the boarding of horses shall be set back at
least 200 feet from any property line.
C. All stables shall be maintained to minimize odors perceptible at
the property line.
D. All outdoor training or show facilities or areas shall be set back
100 feet from all property lines.
E. All outdoor training, show, riding, boarding, or pasture areas shall
be enclosed by a minimum four-foot-high fence, which will be located
at least 10 feet from all property lines.
F. All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking environment
or movement of vehicles across neighboring properties.
G. The use shall not operate between 10:00 p.m. and 7:00 a.m.