A.
In addition to the general criteria listed in §§ 215-124C and 215-133, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific special exception or conditional use standards shall apply.
B.
For the purposes of this Article IV, any required setbacks imposed upon special exceptions or conditional uses shall be measured from the boundary line of the site for which the special exception or conditional use is requested, regardless of whether or not this line corresponds to a property line or a lease line.
Within the HI Zone, adult-related facilities are permitted by
conditional use, subject to the following criteria:
A.
An adult-related facility shall not be permitted to be located within
1,000 feet of any other adult-related facility;
B.
No adult-related facility shall be located within 1,000 feet of any
rural or residentially zoned land;
C.
No establishment shall be located within 1,000 feet of any parcel
of land which contains any one or more of the following specified
land uses:
D.
The distance between any two adult entertainment establishments shall
be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior parcel line of each establishment.
The distance between any adult entertainment establishment and any
land use specified above shall be measured in a straight line, without
regard to intervening structures, from the closest point on the exterior
property line of the adult entertainment establishment to the closest
point on the property line of said land use;
E.
No materials, merchandise, or film offered for sale, rent, lease,
loan, or for view upon the premises shall be exhibited or displayed
outside of a building or structure;
F.
Any building or structure used and occupied as an adult-related facility
shall be windowless, or have an opaque covering over all windows or
doors of any area in which materials, merchandise, or film are exhibited
or displayed, and no materials, merchandise, or film shall be visible
from outside of the building or structure;
G.
No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein;
H.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 17 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry;
I.
No adult-related facility may change to another adult-related facility,
except upon approval of an additional conditional use;
J.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate;
K.
No unlawful sexual activity or conduct shall be permitted; and
L.
No more than one adult-related facility may be located within one
building or shopping center.
Within the A Zone, airports and heliports, and in the HC Zone,
helipads are permitted by conditional use, subject to the following
criteria:
A.
Minimum lot area: 30 acres for airports; three acres for heliports;
3,600 square feet for helipads;
B.
All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations;
C.
The applicant shall furnish evidence of the obtainment of a license
from the Pennsylvania Department of Transportation, Bureau of Aviation,
prior to the approval of the application;
D.
No part of the take-off/landing strip and/or pad shall be located
nearer than 300 feet from any property or street right-of-way line;
and
E.
A helipad shall only be used for the emergency transport by helicopter
of patients from the scene of an emergency, or to and from other health
care-related facilities. The helipad shall not include auxiliary facilities,
such as fueling and maintenance equipment. In the event the helipad
is located on the roof of a hospital, the minimum setback requirements
for the applicable building shall supersede.
Within the GC Zone, amusement arcades are permitted by special
exception, subject to the following criteria:
A.
All activities shall take place within a completely enclosed building;
B.
The applicant must furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade;
C.
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 215-38 of this chapter; and
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Within the A and R Zones, kennels, and within the R and GC Zones,
animal hospitals, are permitted by special exception, subject to the
following criteria:
A.
Minimum lot area. Animal hospitals and kennels, 10 acres where any
outdoor keeping of animals is proposed;
B.
All portions of animal boarding buildings that are not completely
enclosed, and any outdoor animal pens, stalls, or runways shall be
located within the rear yard and shall be a minimum of 250 feet from
all property lines, and 500 feet from any adjoining residential zone;
C.
All outdoor pasture/recreation areas must be enclosed to prevent
the escape of the animals; all such enclosures must be set back a
minimum of 10 feet from all property lines;
D.
The applicant shall furnish evidence of an effective means of animal
waste disposal which shall be continuously implemented; and
E.
Operation of kennels shall comply with the Dog Law, Act of December
7, 1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101
et seq., and all applicable regulations of the Department of Agriculture.
Within the VC and GC Zones, automobile filling stations, including
minor incidental repair and/or convenience stores, are permitted by
conditional use, subject to the following criteria:
A.
The subject property shall have a minimum width of 125 feet;
B.
The subject property shall front on an arterial or collector road;
C.
The subject property shall be set back at least 300 feet from any
lot containing a school, day-care center, playground, library, hospital,
nursing or rest home; however, the establishment of any of the foregoing
uses within 300 feet of the subject property shall not create a nonconformity
for the automobile filling station;
D.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than one month is prohibited;
E.
All structures (including gasoline pump islands, but not permitted
signs) shall be set back at least 30 feet from any street right-of-way
line;
F.
No outdoor storage of auto parts shall be permitted;
G.
Access driveways shall be a minimum of 30 feet wide and separated
by 75 feet from one another if located along the same frontage as
measured from edge to edge;
H.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet and oriented away from any adjoining residentially
zoned properties;
I.
The applicant shall furnish evidence that the use of materials and
disposal of wastes will be accomplished in a manner that complies
with state and federal regulations; and
J.
The applicant shall furnish evidence that the siting of underground
fuel storage tanks is in compliance with state and federal regulations.
Within the GC Zone, automobile service and repair facilities,
including, but not limited to, auto mechanics, drive-through lubrication
services, and tire, auto paint, brake, muffler, transmission, windshield,
auto body, car radio, and upholstery shops, are permitted by conditional
use, subject to the following:
A.
All service and/or repair activities shall be conducted within a
completely enclosed building;
B.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads;
C.
No outdoor storage of parts, equipment, lubricants, or other materials
used or discarded, as part of the service or repair operation, shall
be permitted;
D.
All exterior vehicular storage areas shall be screened and set back
from adjoining residentially zoned properties and roads by at least
25 feet;
E.
All exterior vehicular storage areas shall be covered in an all-weather,
dust-free surface;
F.
Any ventilation equipment outlets associated with work areas shall
not be directed toward any adjoining residentially zoned property;
G.
All vehicles shall be repaired and removed promptly from the premises;
H.
The demolition or junking of vehicles is prohibited. Unlicensed,
unregistered or uninspected vehicles or parts thereof shall be removed
from the site within two weeks of arrival; and
I.
The applicant shall furnish evidence that the use of materials and
disposal of wastes will be accomplished in a manner that complies
with state and federal regulations.
Within the A, R, LDR, and VC Zones, bed-and-breakfasts are permitted
by conditional use, subject to the following criteria:
A.
No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character shall be
permitted;
B.
All floors above or below grade accommodating nine or more guests
shall have two means of escape to ground level, at least one of which
shall be a fire escape or stair tower;
C.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit;
D.
All parking areas shall be set back a minimum of 25 feet from all
property lines;
E.
One sign, not to exceed six square feet, shall be permitted;
F.
Meals may be offered only to registered overnight guests;
G.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used; and
H.
The applicant shall furnish proof of approval from the Pennsylvania
Department of Labor and Industry.
[Amended 5-17-2021 by Ord. No. 2021-1]
Within the GC, LI and HI Zones, billboards are permitted by
conditional use, subject to the following criteria:
A.
No billboard shall be located within 100 feet of another billboard;
all billboards shall be a minimum of 50 feet from all side and rear
property lines
B.
All billboards shall be set back at least 10 feet from any street
right-of-way lines in zones where they are permitted;
C.
All billboards shall be set back at least 500 feet from any land
located within a residential zone;
D.
No billboard shall obstruct the view of motorists on adjoining roads,
or the view of adjoining commercial or industrial uses, which depend
upon visibility for identification;
E.
No billboard shall exceed an overall size of 300 square feet on both
faces or, in other words, 150 feet on each face, nor exceed 20 feet
in height above the highway, street or road surface, and no more than
two double-faces panels may be attached to the same structure;
F.
All properties upon which a billboard is erected shall be regularly
maintained so as not to create a nuisance by means of weeds, litter
or vector habitation; and
Within the MDR, HDR, VC, and HC Zones, boardinghouses or personal
care facilities are permitted by conditional use, subject to the following
criteria:
A.
The following minimum lot area requirements shall be provided:
|
Minimum Required Lot Size
(square feet)
|
Plus
|
Additional Lot Area Per Boarder (Up to 10 Boarders)
(square feet)
| |
|---|---|---|---|
|
10,000
|
Plus
|
2,500
|
B.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used;
C.
If a conversion, no modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted;
D.
All floors above and below grade accommodating nine or more guests
shall have two means of escape to ground level, at least one of which
shall be a fire escape or stair tower;
E.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit;
F.
All parking areas shall be set back a minimum of 25 feet from all
property lines;
G.
One sign, not to exceed six square feet, shall be permitted; and
H.
The applicant shall furnish evidence of approvals granted by the
Pennsylvania Department of Labor and Industry.
Within the F Zone, cabin groupings are permitted by conditional
use, subject to the following criteria:
A.
The clearing or cutting of mature trees shall be limited to that
which is required to accommodate the use;
B.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used;
C.
All cabin groupings shall provide for a complete system of interior
pathways;
D.
A minimum of 50% of the gross area of the site shall be devoted to
outdoor active or passive recreation facilities. This area may include
any required stormwater management facilities. Responsibility for
maintenance of recreation areas shall be with the landowner;
E.
Centralized garbage collection facilities shall be set back a minimum of 100 feet from any property line and screened from adjoining residentially zoned properties, as specified in § 215-40 of this chapter;
F.
During operation, every cabin grouping shall have an office within
which shall be located the person responsible for operation of the
cabin grouping;
G.
One parking space shall be provided for each cabin in a common parking
compound. The parking compound shall be set back at least 30 feet
from any adjoining residentially zoned land;
H.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets;
I.
One sign not to exceed 32 square feet shall be permitted; and
J.
The following table and its footnotes list design standards for cabin
groupings:
|
Minimum Yard Setbacks
|
Minimum Separation Distances
| ||||||
|---|---|---|---|---|---|---|---|
|
Permitted Cabin Type
|
Maximum Density Units/Acre
|
Maximum Floor Area
(square feet)
|
Front2
(feet)
|
Side
(feet)
|
Rear
(feet)
|
Detached
(feet)
|
Attached
(feet)
|
|
Detached
|
5
|
500
|
50
|
50
|
50
|
10
|
15
|
|
Attached1
|
5
|
500
|
50
|
50
|
50
|
15
|
20
|
|
Notes:
| |
|---|---|
|
1
|
No attached cabin building shall contain more than
four units.
|
|
2
|
All cabins shall be set back a minimum of 10 feet from
any internal roads or common parking facilities.
|
Within the R and F Zones, campgrounds are permitted by conditional
use, subject to the following criteria:
A.
Minimum lot area: 10 acres;
B.
Each campsite shall be at least 1,500 square feet in size and shall
either provide parking space for one automobile or recreational vehicle
which will not interfere with the convenient and safe movement of
traffic, or equivalent parking shall be provided in a common parking
compound;
C.
All campsites and parking compounds shall be located at least 50
feet from any side or rear property line and at least 100 feet from
any public street line;
E.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned properties. Such
outdoor play areas shall be used exclusively by registered guests
and their visitors;
F.
All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties, as specified in § 215-40 of this chapter;
G.
Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall only have vehicular access from the
campground's internal road rather than the public street. All accessory
commercial uses and related parking shall be screened from adjoining
residentially zoned parcels;
H.
All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as identified in § 215-42;
I.
One sign, not to exceed 32 square feet, shall be permitted. Any reference
to accessory commercial or recreational facilities shall remain secondary
in size to the reference of the principal campground use;
J.
A minimum of 30% of the gross area of the campground shall be devoted
to active or passive recreational facilities. Responsibility for maintenance
of the recreation area shall be with the landowner;
K.
During operation, every campground shall have an office within which
shall be located the person responsible for operation of the campground;
L.
All water facilities, sewage disposal systems, restrooms, solid waste
disposal and vector control shall be approved and maintained in accordance
with the requirements of the PA DEP; and
M.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
Within the R, VC, GC, and LI Zones, car washes are permitted
by special exception, subject to the following criteria:
A.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used;
B.
The facility shall utilize a regenerative and recycled water system;
C.
Each washing bay shall provide a fifty-foot-long on-site stacking
lane;
D.
All structures housing washing apparatuses shall be set back 100
feet from any street right-of-way line, 50 feet from any rear property
line, and 25 feet from any side lot line;
E.
Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter, and the applicant shall furnish and implement
a working plan for the cleanup of litter and debris; and
F.
The subject property shall front on an arterial or collector road.
Within the R Zone, cemeteries are permitted by special exception,
subject to the following criteria:
A.
Minimum lot area: five acres;
B.
All burial plots or structures shall be located at least 50 feet
from any property lines and the street right-of-way;
C.
The applicant shall furnish evidence that water supplies of surrounding
properties will not be contaminated by burial activity within the
proposed cemetery;
D.
No burial plots or facilities are permitted in floodplain or flood
fringe areas; and
E.
The applicant shall furnish evidence of the obtainment of a license
from the Pennsylvania Department of State, Bureau of Professional
and Occupational Affairs, prior to the approval of the application.
Within the R, LDR, MDR and VC Zones, churches and related uses
are permitted by special exception, subject to the following criteria:
B.
Church-related residences (rectories and convents):
C.
Church-related educational or day-care centers:
(1)
All educational or day-care uses shall be accessory, and located
upon the same lot as a house of worship;
(2)
If education or day-care is offered below the college level, an outdoor
play area shall be provided, at a minimum rate of 65 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 four-foot-high
fence, and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade such as a shade tree(s)
or pavilion(s);
(3)
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;
(4)
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site;
(5)
All educational or day-care uses shall be governed by the location,
height, and bulk standards imposed upon principal uses within the
underlying zone; and
(6)
Unless the applicant can demonstrate that the off-street parking
associated with the house 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 grades 10 and above; and
D.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply will be utilized.
Within the GC Zone, commercial recreation facilities are permitted
by conditional use, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front
on an arterial or collector road;
B.
Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties;
C.
Any structures exceeding the maximum permitted height may be permitted
so long as they are set back from all property lines at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall not be used for occupancy;
D.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply will be utilized;
E.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution;
F.
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in § 215-38. In addition, the Board of Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;
G.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If at any
time after the opening of the commercial recreation facility, the
Board of Supervisors determine that traffic backups are occurring
on adjoining roads, and such backups are directly related to the means
of access to the subject property, the Board of Supervisors can require
the applicant to revise means of access to relieve the undue congestion;
H.
Any outside pedestrian waiting lines shall be provided with a means
of shade; and
I.
In the case of an amusement or theme park over 10 acres in size, a traffic impact study shall be prepared by a professional traffic engineer, according to § 215-45 of this chapter. Such study shall demonstrate that the proposed use will generate only that traffic normally generated by the type of use, or that any abnormal traffic generated will not threaten safety.
Within the GC Zone, commercial schools (as herein defined) are
permitted by special exception, subject to the following criteria:
A.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site; and
B.
Any outdoor activity areas shall be located in the side or rear yards,
set back 25 feet from all property lines, and screened from adjoining
residentially zoned properties. Any outdoor activity areas intended
for the use of persons under 18 years of age shall be completely enclosed
by a minimum four-foot-high fence. Any vegetative materials located
within the outdoor activity area shall be of a nonharmful type (not
poisonous, thorny, allergenic, etc.). All outdoor activity areas shall
provide a means of shade, such as a shade tree(s) or pavilion(s).
Within the A, R, and F Zones, communication antennas, towers
and equipment shall be permitted by special exception, and in the
HI Zone by conditional use, subject to the following:
A.
The applicant must demonstrate that the proposed location is necessary
for the efficient operation of the system;
B.
All structures shall be set back from each property line a minimum
distance equal to its height;
C.
All towers shall be completely enclosed by an eight-foot-high fence
and self-locking gate;
D.
All ground-mounted satellite dish antennas that are used to transmit
video format data shall be completely enclosed by an eight-foot-high
nonclimbable fence that includes signage warning of dangerous radiation
levels. Any gates within the fence shall be locked when unattended;
and
E.
The applicant shall furnish expert testimony regarding the construction
methods or other measures used to prevent the toppling of any structure
onto adjoining properties and/or roads, and the wind-borne scattering
of ice onto adjoining properties and/or roads.
Within the VC, GC and HC Zones, day-care centers are permitted
by conditional use, subject to the following criteria:
A.
An outdoor play area shall be provided at a rate of 65 square feet
per individual enrolled. Off-street parking compounds 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 four-foot-high
fence, and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (not poisonous, thorny, allergenic, etc.)
All outdoor play areas must provide a means of shade such as a shade
tree(s) or pavilion(s);
B.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply will be utilized;
C.
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;
D.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site; and
E.
One off-street parking space shall be provided for each six individuals
or fraction thereof enrolled.
Within the GC Zone, drive-through or fast-food restaurants are
permitted by conditional use, subject to the following criteria:
A.
Unless located within a shopping center or mall, the subject property
shall front on an arterial or collector road;
B.
Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter;
C.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply will be utilized;
D.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties;
E.
All exterior seating/play areas shall be completely enclosed by a
three-foot-high fence; and
F.
No part of the subject property shall be located within 200 feet
of any residentially zoned land.
Within the VC and GC Zones, dry cleaners, laundries and laundromats
are permitted by conditional use, subject to the following criteria:
A.
All activities shall be conducted within a completely enclosed building;
B.
During operation or plant cleanup and maintenance, all windows and
doors on walls facing adjoining residential zones shall be kept closed;
C.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially zoned property;
D.
Self-service laundromats shall require one off-street parking space
for each two washing machines; other laundry-related uses shall provide
one off-street parking space for each 400 square feet of gross floor
area; and
E.
The applicant shall furnish evidence that the use of materials and
disposal of wastes will be accomplished in a manner that complies
with state and federal regulations.
Within the A, R, LDR, MDR, and HDR Zones, ECHO housing is permitted
by conditional use, subject to the following criteria:
A.
The elder cottage shall be occupied by no more than two people, at
least one of whom must be both related to the occupants of the principal
dwelling by blood, marriage or adoption, and is either 50 years of
age or older, or handicapped, or disabled;
B.
The elder cottage shall be of portable construction and may not exceed
900 square feet of floor area;
C.
The minimum lot requirement for the applicable zone shall be met
as though the use were on an individual lot;
D.
The total building coverage for the principal dwelling, any existing
accessory structures and the elder cottage together shall not exceed
the maximum lot coverage requirement for the respective zone;
E.
The elder cottage shall be installed and located only in the side
or rear yards, and shall adhere to all side and rear yard setback
requirements for principal uses;
F.
The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized;
G.
A minimum of one all-weather, off-street parking space, with unrestricted
ingress and egress to the street, shall be provided for the elder
cottage, in addition to that required for the principal dwelling;
H.
Upon the proper installation of the elder cottage, the Zoning Officer
shall issue a temporary zoning permit. Such permit shall be reviewed
every 12 months until such time as the elder cottage is required to
be removed. A fee in the amount to be set by the Board of Supervisors
shall be paid by the landowner upon each renewal of the temporary
zoning permit. Such fee shall be based upon the cost and the annual
review of the permit; and
I.
At such time as the elder cottage is no longer occupied by a person
who qualifies for the use, it shall either be removed from the property
within three months, used for another approved accessory use (e.g.,
temporary farmworker housing, farm occupation or rural occupation),
or subdivided or made subject to a land development plan.
Within the A Zone, farm occupations may be permitted by conditional
use where the proposed use is accessory to the principal agricultural
use of the property, and subject to the following standards:
A.
For the purposes of this section, farm occupations may involve any
one of a wide range of uses, so long as it remains secondary to and
compatible with the active farm use;
B.
Information shall be provided describing the nature of the farm occupation,
materials used in the process and waste products generated;
C.
Evidence shall be provided indicating that the use of materials and disposal of wastes associated with the farm occupation is in compliance with§ 215-44 of this chapter and will be accomplished in a manner that complies with state and federal regulations;
D.
No more than the equivalent of three nonresidents shall be employed
by the farm occupation, and at least one owner of the farm occupation
must either reside on the site or be a partner in the farm business;
E.
The use must be conducted within one completely enclosed building.
Where practicable, the farm occupation shall be conducted within an
existing farm building. However, any new building constructed for
use by the farm occupation shall be located behind the farm's principal
buildings, or must be no less than 100 feet from any adjoining roads
or properties;
F.
Any new building constructed for use by the farm occupation shall
be of a design so that it can be readily converted to agricultural
use, or removed, if the farm occupation is discontinued;
G.
No part of a farm occupation shall be located within 100 feet of
any side or rear lot line, nor 300 feet of any land within a residential
zone. Such distances shall be measured as a straight line between
the closest points of any physical improvement associated with the
farm occupation and the property/zoning line;
H.
The farm occupation shall occupy no more than 2,000 square feet of
gross floor area, nor more than one acre of lot area. However, any
access drive serving the farm occupation and the farm shall not be
calculated as land serving the farm occupation; and
I.
No more than 50% of the land devoted to a farm occupation shall be
covered by buildings, structures, parking or loading areas, or any
other impervious surfaces.
Within the A Zone, farm-related businesses are permitted by
conditional use, subject to the following standards:
A.
The applicant must provide evidence that the proposed use is important
to farming; all activities and services should be directed at meeting
the needs of those engaged in farming. The facility should be directed
at either providing goods and services needed to farm, or distributing
or producing goods produced on the farm. Some examples of farm-related
businesses include, but need not be limited to:
(1)
Sales or repair of agricultural equipment;
(2)
Blacksmith shops, farriers;
(3)
Butcher shops;
(4)
Grain mills;
(5)
Processing of locally produced agricultural products;
(6)
Veterinary offices which primarily treat farm animals;
(7)
Feed supply, fuel and fertilizer distributors;
(8)
Composting and other farm waste storage facilities;
(9)
Farmers markets; and
(10)
Dairy stores.
B.
The farm-related business shall occupy no more than two acres. The
applicant shall show that the size of the site is the minimum needed
to conduct the farm-related business;
D.
The length of any on-site access drive(s) shall be sufficient to
allow the stacking of delivery and/or customer vehicles. Furthermore,
any use that potentially involves the movement of vehicles through
mud and/or manure shall provide a paved apron of at least 50 feet
from the street right-of-way. In addition, another fifty-foot gravel
section shall be located just beyond the paved apron;
E.
Any outdoor storage of supplies, materials and products shall be
screened from adjoining roads and properties. The display of farm
equipment for sale shall be excluded from this provision;
F.
One sign, not to exceed 32 square feet, shall be permitted;
G.
A farm-related business may take place on the principal farm lot
or on a separate lot which may be subdivided from the principal farm
lot.
Within the GC Zone, funeral homes, mortuaries and crematoriums
are permitted by conditional use, subject to the following criteria:
A.
The applicant shall furnish evidence that the use of materials and
disposal of wastes will be accomplished in a manner which complies
with state and federal regulations;
B.
Parking shall be provided in accordance with § 215-38 of this chapter. Such parking shall be sufficient to prevent traffic backups onto adjoining roads; and
C.
No vehicular access to the site shall be from an arterial road.
Within the R Zone, golf courses and driving ranges are permitted
by conditional use, subject to the following criteria:
A.
In no case shall the golf course or driving range design permit or
encourage a golf ball to be driven across any building, building lot,
parking lot, street, access drive, or driveway;
B.
Golf courses and driving ranges shall be graded so as to discharge
stormwater runoff and shall be adequately protected from an exposed
soil condition;
C.
Golf course path crossings. The golf course design shall minimize
golf path crossings of streets, access drives and driveways. Easily
identifiable golf paths must be provided for crossings of streets,
access drives or driveways. The golf course design shall both discourage
random crossing and require use of the golf path crossings of streets,
access drives and driveways. Golf path crossings shall conform with
the following:
(1)
Each crossing shall be perpendicular to the traffic movements;
(2)
Only one street, access drive or driveway may be crossed at each
location;
(3)
No crossing is permitted between a point 15 feet and 150 feet from
the cartway edge of a street, access drive or driveway intersection;
(4)
The crossing must be provided with a clear sight triangle of 75 feet,
measured along the street, access drive or driveway center line and
the golf path center line, to a location on the center line of the
golf path, five feet from the edge of the roadway. No permanent obstruction
over three feet high shall be placed within this area;
(5)
Golf path intersections shall be designed to provide adequate sight
distance with regard to both horizontal and vertical alignment;
(6)
The golf cart path shall not exceed a slope of 8% within 25 feet
of the cartway crossing;
(7)
Golf path crossings shall be signed warning motorists and pedestrians
and golfers. The surface of the golf path shall be brightly painted
with angle stripes; and
(8)
Golf path crossings of collector or arterial streets shall consist
of a tunnel that is located below street grade. The golf course design
shall both prohibit on-grade crossing of collector or arterial streets
and require the use of the tunnel. The construction of the collector
or arterial roadway crossing of the tunnel shall comply with PennDot
standards;
D.
All golf course buildings shall be set back 75 feet from any adjoining
roads and 100 feet from adjoining residential structures or parcels;
E.
Golf courses may include the following accessory uses, provided such
uses are reasonably sized, and located so as to provide incidental
service to the golf course employees and users:
(1)
Clubhouse, which may consist of:
(a)
Restaurant, snack bar, lounge and banquet facilities;
(b)
Locker and restrooms;
(c)
Pro shop;
(d)
Administrative offices;
(e)
Golf cart and maintenance equipment storage and service facilities;
(g)
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas, and steam rooms;
(h)
Game rooms, including card tables, billiards, ping-pong, and
other similar table games; and
(i)
Babysitting rooms and connected fence-enclosed playlots;
(2)
Accessory recreation amenities located outside of a building, including:
(a)
Driving range, provided that no lighting is utilized;
(b)
Practice putting greens;
(c)
Swimming pools;
(d)
Tennis, platform tennis, handball, racquetball, squash, volleyball,
and badminton courts;
(e)
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and
washers courses;
(f)
Picnic pavilions, picnic tables, park benches, and barbecue
pits;
(g)
Hiking, biking, horseback riding, and cross-country ski trails;
and
(h)
Playground equipment and playlot games, including four-square,
dodge ball, tetherball, and hopscotch;
(3)
Freestanding maintenance equipment and supply buildings and storage
yards;
F.
All outdoor storage of maintenance equipment and/or golf carts shall
be set back at least 100 feet and screened from adjoining residential
structures and roads;
G.
All dumpsters and off-street parking and/or loading areas shall be
screened from adjoining or nearby residences. In addition, all off-street
loading and dumpsters shall be screened from adjoining roads; and
H.
The applicant shall furnish evidence that water supplies of surrounding
properties will not be contaminated by pesticide application to the
golf course grounds.
Within the R, LDR, MDR, and VC Zones, group day-care facilities
are permitted by conditional use, subject to the following criteria:
A.
An outdoor play area shall be provided, at a rate of 65 square feet
per individual enrolled. Off-street parking compounds 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 four-foot-high
fence, and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (not poisonous, thorny allergenic, etc.).
All outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s); and
B.
Two off-street parking spaces shall be provided on site. Passenger
dropoff and pickup areas shall be provided and arranged so that the
passengers do not have to cross traffic lanes on or adjacent to the
site.
Within the GC Zone, health and fitness clubs are permitted by
special exception, subject to the following criteria:
A.
Minimum lot area: two acres;
B.
Off-street parking shall be provided as required by the combination
of elements comprising the health club, including accessory uses;
C.
All outdoor recreation facilities shall be set back at least 50 feet
from the street right-of-way line, 25 feet from all other lot lines,
and 100 feet from any residentially zoned properties;
D.
Any accessory eating or retail use shall not be directly accessible
without passing through the main clubhouse building; and
E.
All lighting of outdoor recreation areas shall be arranged to prevent
glare on adjoining properties and streets.
Within the GC and HI Zones, heavy equipment sales, service and/or
repair facilities, such as excavation machinery, commercial trucks,
buses, farm equipment, mobile homes, trailers, and other similar machinery
are permitted by conditional use, subject to the following criteria:
A.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads;
B.
No outdoor storage of parts, equipment, lubricants, or other materials
used or discarded as part of the service or repair operation shall
be permitted;
C.
All work areas, exterior vehicular storage and/or display areas shall
be screened and set back from adjoining residentially zoned properties
and roads by at least 75 feet;
D.
All work areas, exterior storage and/or display areas shall be covered
in an all-weather, dust-free surface;
E.
Any ventilation equipment outlets associated with work areas shall
not be directed toward any adjoining residentially zoned property;
F.
All vehicles and machinery shall be repaired and removed promptly
from the premises; and
G.
The demolition or junking of vehicles or machinery is prohibited.
Within the HI Zone, heavy industrial uses involving manufacturing, processing, packaging, conversion, assembly, production, repair or testing of materials, goods or products not permitted by § 215-21B of this chapter are permitted by conditional use, subject to the following criteria:
A.
The applicant shall provide the following:
(1)
Detailed information describing the nature of the on-site operations,
the materials used in the process and the products and by-products
produced;
(2)
Information on the general scale of the operation in terms of its
market area, specific floor space requirements for each activity,
the total number of employees on each shift, and an overall needed
site size;
(3)
Information on any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to those of § 215-44 of this chapter;
(4)
Evidence that the use of materials and disposal of wastes will be
accomplished in a manner that complies with state and federal regulations;
and
(5)
For sites exceeding two acres in size, a traffic study shall be prepared by a professional traffic engineer in accordance with § 215-45 of this chapter. Such study shall demonstrate that the proposed use will generate only that traffic normally generated by the type of use, or that any abnormal traffic generated will not threaten safety.
Within the GC Zone, home improvement and building supply stores
are permitted by conditional use, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front
along an arterial or collector road;
B.
The retail sales area shall be all areas open for public display,
including but not limited to shelves, racks, bins, stalls, tables,
and booths, plus any adjoining aisles or walkways from which consumers
can inspect items for sale. The retail sales area shall include both
interior and exterior areas as listed above;
C.
Off-street parking shall be provided at the rate of one space for
each 200 square feet of interior retail sales area, plus one space
for each 500 square feet of exterior retail sales area;
D.
All exterior retail sales areas shall include a dust-free surface
and a completely enclosed six-foot-high fence and gate;
E.
All exterior storage and retail sales areas (exclusive of nursery
and garden stock) shall be screened from adjoining roads and properties;
F.
The applicant shall furnish expert evidence that any exterior amplified
public address system and/or exterior lighting has been arranged and
designed so as to prevent objectionable impact off the site;
G.
Any drilling, cutting, sawing, mixing, crushing or some other preparation
of building materials, plus any testing or repair of motorized equipment
shall be conducted within a completely enclosed building; and
Within the A, R, LDR, MDR, HDR, VC, and F Zones, home occupations
are permitted by conditional use, subject to the following criteria:
A.
The use shall be clearly incidental to the primary use of the premises
as a dwelling for living purposes;
B.
No more than the equivalent of two full-time persons, at least one
of whom shall be a resident of the dwelling, may be engaged in the
home occupation use;
C.
No more than one home occupation may be located in any dwelling unit;
D.
The home occupation shall not alter the appearance of the building
as a dwelling unit;
E.
No mechanical equipment shall be employed in a home occupation, other
than that customarily utilized for hobby or domestic purposes;
F.
No sales of any goods or merchandise shall occur on the premises,
other than those goods or merchandise which are produced on the premises,
with the exception of sales which are incidental to services rendered;
G.
No manufacturing shall occur on the premises other than the products
of customary hobbies and fabrication of garments by a seamstress;
H.
Home occupations shall be limited to not more than 25% of the habitable
floor area of the dwelling unit;
I.
No accessory building or structure shall be utilized as a home occupation,
except that an accessory building or structure may be used as storage
area for the home occupation, provided that said area shall be included
in the total area permitted for a home occupation use, and further,
that no such accessory building or structure shall be accessible to
the public for business purposes;
J.
In addition to the required parking spaces for the dwelling unit, one parking space per nonresident employee, plus one parking space per potential patron on site at one time, shall be provided and designed in accordance with the provisions of § 215-38 of this chapter; and
K.
The applicant shall submit evidence of all applicable state approvals.
Within the GC Zone, hotels, motels and similar lodging facilities
are permitted by conditional use, subject to the following criteria:
A.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used;
B.
The following accessory uses may be approved as part of the conditional
use application:
C.
The above accessory uses (aside from outdoor recreational uses) shall be physically attached to the main hotel building, except as provided in § 215-79F;
D.
All hotels shall be separated by at least 1,000 feet from any other
existing hotel facility, as measured from the nearest property line;
E.
The subject property shall front on an arterial or collector road;
and
F.
One freestanding restaurant, tavern or nightclub shall be permitted
on the same lot as a principal hotel, subject to the following:
(1)
The proposed restaurant shall offer the preparation and serving of
food and drink to be consumed on the premises; no drive-through or
fast-food services shall be permitted;
(2)
No additional freestanding signs (other than those permitted for
the principal hotel use) shall be permitted; and
(3)
Sufficient off-street parking spaces have been provided and located
to conveniently serve the freestanding restaurant without interfering
with required off-street parking associated with the hotel use.
Within the A, R and F Zones, hunting, fishing, skiing, and boating
lodges are permitted by special exception, subject to the following
criteria:
A.
All off-street parking shall be set back at least 30 feet from any
adjoining residentially zoned land;
B.
Outdoor recreation/activity areas shall be set back at least 50 feet
from all property lines;
C.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used;
D.
Where overnight facilities are provided, one parking space shall
be provided for each guest sleeping room or each three bunks, plus
one per employee; and
E.
One sign, not to exceed 32 square feet, shall be permitted.
Within the A and HI Zones, intensive commercial poultry and/or
livestock operations as defined herein are permitted by conditional
use, subject to the following:
A.
Minimum lot area: 20 acres;
B.
Any area used for the housing, keeping, feeding and watering of poultry
and/or livestock shall be set back at least 300 feet from all property
lines and at least 500 feet from any residential zone. These setbacks
shall not apply to the outdoor running of livestock for grazing purposes
only;
C.
The applicant shall furnish qualified evidence that the proposed
use has an approved manure management plan that complies with the
Pennsylvania Nutrient Management Act of 1993.[1] All subsequent operations on the site shall be required
to strictly adhere to an approved manure management plan; and
[1]
Editor's Note: Said Act was repealed 7-6-2005 by P.L. 112,
No. 38. See now the Nutrient Management and Odor Management Act, 3
Pa.C.S.A. § 501 et seq.
D.
The applicant shall furnish evidence from the United States Natural
Resources Conservation Service that the proposed use has an approved
conservation plan;
E.
Commercial stockyards and feedlots must submit a working plan for
the removal of deceased animals, which shall be continuously implemented
by the applicant. In no case shall any deceased animals remain on
the site for more than 24 hours;
F.
All access drives for commercial stockyards and feedlots onto the
site shall be paved with shale or stone for a distance of at least
100 feet from the street right-of-way line;
G.
Adequate off-street parking and loading areas for commercial stockyards
and feedlots must be provided. No parking or loading/unloading shall
be permitted on or along any public road; and
H.
Commercial stockyards and feedlots shall require a traffic impact study prepared in accordance with § 215-45 of this chapter. Such study shall demonstrate that the proposed use will generate only that traffic normally generated by the type of use, or that any abnormal traffic generated will not threaten safety.
Within the HI Zone, junkyards are permitted by conditional use,
subject to the following criteria:
A.
Minimum lot area: 10 acres;
B.
The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot-high, sight-tight fence which shall be set
back at least 50 feet from all property lines and 300 feet from residentially
zoned properties;
C.
The setback area between the fence and the lot lines shall be kept
free of weeds and all scrub growth;
D.
All completely enclosed buildings used to store junk shall be set
back at least 50 feet from all property lines;
E.
No material may be stored or stacked so that it is visible from adjoining
properties and roads;
F.
All additional federal and state laws shall be satisfied;
G.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water, and with no junk
piled to a height greater than eight feet;
H.
No material shall be burned at any time;
I.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats, flies,
or other vectors; and
J.
No junkyard shall be located on land with a slope in excess of 5%.
[Added 5-17-2021 by Ord. No. 2021-1]
Within the Heavy Industrial Zone (HI), jails, prisons and correctional facilities or the like are permitted by conditional use, subject to the provisions of § 215-133, and also subject to the following criteria:
A.
All
public and/or private, jails, prisons and correctional facilities
or the like including federal, state and county jails, prisons, and
juvenile detention facilities shall comply with all applicable federal,
state and local regulations and laws regarding such facilities.
B.
No public
and/or private jail, prison and/or correctional facilities or the
like shall be located within 500 feet of a residential zoned district.
C.
The
minimum lot area of any public and/or private jail, prison and/or
correctional facility or the like shall be five acres. The minimum
lot area of any public and/or private jail, prison and/or correctional
facility or the like shall be five acres.
D.
Any
building or structure, including any fence or wall, shall be set back
at least 75 feet from all public rights-of-way and all property lines.
Within the HC Zone, incinerators and autoclaves are permitted
by conditional use, subject to the following criteria:
A.
Only the processing of waste generated within the HC Zone in which
the facility is located is permitted;
B.
All processing and storage of waste shall be conducted within a completely
enclosed building;
C.
All storage of waste shall be in a manner that is leakproof and vector-proof;
D.
No storage of waste shall exceed seven days in length;
E.
The incinerator shall be set back at least a distance equal to its
height from all lot lines; and
F.
The applicant shall provide evidence that the ultimate disposition
of wastes will be accomplished in a manner that complies with all
applicable state and federal standards and regulations.
[Amended 5-17-2021 by Ord. No. 2021-1]
Within the General Commercial Zone (GC), the Rural Zone (R)
and the Light Industrial Zone (LI), mini warehouses are permitted
by conditional use, subject to the following criteria:
A.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when cubicles
open onto one side of the lane only, and at least 30 feet wide when
cubicles open onto both sides of the lane;
B.
Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional external storage area may be provided
for the storage of privately owned travel trailers and/or boats, so
long as such external storage area is screened from adjoining residentially
zoned land and adjoining roads, and is located behind the minimum
front yard setback line. This provision shall not be interpreted to
permit the storage of partially dismantled, wrecked, or inoperative
vehicles;
C.
All storage shall be kept within an enclosed building, except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatuses relying upon such fuels shall be stored only in
an external storage area as described above;
D.
An on-site manager shall be responsible for maintaining the operation
of the facility in conformance with the conditions of approval and
all applicable ordinances. Any dwelling for a resident manager shall
comply with all of those requirements listed within the High-Density
Residential Zone (HDR), and shall be entitled to all residential accessory
uses provided in said zone;
E.
Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover, and other
flammable materials, the repair, construction, or reconstruction of
any boat, engine, motor vehicle, or furniture is prohibited; and
F.
Mini warehouses shall be used solely for the dead storage of property.
(1)
The following lists examples of uses expressly prohibited upon the
site:
(a)
Auctions or commercial wholesale or retail sales;
(b)
The servicing, repair, or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances, or other similar equipment;
(c)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment;
(d)
The establishment of a transfer and storage business; and
(e)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations;
(2)
The applicant shall adequately demonstrate that all mini warehouse
rental and/or use contracts shall specifically prohibit these uses.
Within the MDR Zone, mobile home parks are permitted by conditional
use, subject to the following criteria:
A.
Minimum mobile home park area: five acres;
B.
Maximum density: five units per acre;
C.
Minimum mobile home lot area: at least 4,250 square feet;
D.
Minimum required setbacks: Each mobile home lot shall have a minimum
front yard of 25 feet, rear yard of 25 feet, and two side yards of
10 feet each. In no case shall the distance between any two mobile
homes be less than 20 feet (these setbacks shall also apply to mobile
home park office, service, utility, or other buildings);
E.
Mobile home parks shall be limited to sites having direct access
to an arterial road;
F.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used;
G.
Each mobile home shall be placed on a four-inch thick poured concrete
pad over a six-inch stone base, the length and width of which shall
be at least equal to the length and width of the mobile home it is
to support. Each pad shall include properly designed utility connections.
Protective skirting shall be placed around the area between the pad
and the floor level of each mobile home so as to prevent that area
from forming a harborage for rodents, to allow the creation of a fire
hazard, or to expose unsightly conditions;
H.
Each mobile home shall be provided with a minimum of two paved parking
spaces containing at least 180 square feet of bituminous or concrete
surface, which shall be located on the mobile home lot. If on-street
parking is not provided, one additional off-street parking space per
unit shall be provided in a common visitor parking compound. Such
visitor parking compounds shall be sized, arranged, and located so
that the spaces are within 300 feet walking distance to any unit served.
Access to all parking spaces shall be limited to interior roads of
the mobile home park; in no case shall access to such parking spaces
be provided from adjoining public roads;
J.
Individual mobile home owners may install accessory or storage sheds
and exterior patio areas. Any such facilities so installed shall not
intrude into any required front, side, or rear yard, and, in every
case, shall substantially conform in style, quality, and color to
the existing mobile homes. Attachments to mobile homes in the form
of sheds and lean-tos are prohibited;
K.
Every mobile home park shall contain a structure designed and clearly
identified as the office of the mobile home park manager;
L.
Service and accessory buildings intended solely for the use of mobile
home park residents and which are shown on an approved plan may be
erected in a mobile home park;
M.
There shall be a minimum of 30% of the gross acreage of the mobile
home park devoted to active and/or passive common recreational facilities.
This area may include any required stormwater management facilities.
Responsibility for maintenance of the recreational areas shall be
with the landowner and/or the operator. Should the landowner and/or
the operator neglect to maintain the designated recreational areas
as depicted on the plan, the Township may then maintain said areas
and assess the landowner for any costs incurred;
N.
All mobile home parks shall be provided with a perimeter landscape
buffer strip that is at least 50 feet wide. Such width shall be measured
from adjoining property and rights-of-way lines; and
O.
A visual screen shall be placed along the mobile home park boundaries
that adjoin other residentially zoned properties. Such screen can
consist of sight-tight fencing, vegetative materials, or earthen berms
that are so arranged to effectively block the views from ground level
on adjoining properties. Screening shall be provided between ground
level and at least a height of six feet. If sight-tight fencing is
used, it shall not encompass more than 50% of the total surface area
of the required screen.
Within the HI Zone, nightclubs and taverns are permitted by
conditional use, subject to the following criteria:
A.
No part of the subject property shall be located within 600 feet
of any residentially zoned land;
B.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, light and/or litter;
C.
The applicant shall furnish expert evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise or loitering
outside the building; and
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Within the A and R Zones, the noncommercial keeping of livestock
on lots smaller than 10 acres where accessory to a single-family detached
nonfarm dwelling is permitted by conditional use, subject to the following
criteria:
A.
Minimum lot area.
(1)
One acre; additionally, the following list specifies additional area
requirements by size of animals kept:
(a)
Group 1. Animals whose average adult weight is less than 15
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 15 pounds
and 200 pounds shall be permitted at an animal density of two per
acre, with a maximum number of 20 animals; and
(c)
Group 3. Animals whose average adult weight is greater than
200 pounds shall be permitted at an animal density of one per acre,
with a maximum number of five animals;
(2)
The keeping of a combination of animal types (Groups 1, 2 and 3)
shall require an animal density equal to the ratio of the number of
animals, by type. In no case shall a lot contain more than 50 total
animals. Should one structure be used to house a combination of animal
types, the most restrictive setback shall apply;
B.
C.
All structures used to house noncommercial livestock shall be prohibited
from placement in the front yard;
D.
All outdoor pasture/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; and
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/recreation areas shall be
properly maintained so as not to become a nuisance to adjoining properties.
Within the HC Zone, nursing or rest homes are permitted by conditional
use, subject to the following criteria:
A.
Minimum lot area: two acres;
B.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be utilized;
C.
Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands, in accordance with § 215-40 of this chapter;
D.
No more than 27 care beds per acre shall be permitted, excluding
the staff of the facility.
Within the HI Zone, principal waste handling facilities are
permitted by conditional use, subject to the following criteria:
A.
All principal waste handling facilities for municipal or residual
wastes, as defined by the PA DEP, shall be operated by the Mifflin
County Solid Waste Management Authority;
B.
Any processing and/or treatment of waste (including but not limited
to incineration, composting, shredding, compaction, material separation,
refuse derived fuel, pyrolysis, etc.) shall be conducted within a
completely enclosed building;
C.
No refuse shall be deposited or stored, and no building or structure
shall be located within 300 feet of any property line nor 500 feet
of any land within a residential zone;
D.
Any external area used for the unloading, transfer, storage, or deposition
of refuse must be completely screened from view at the property line.
(The use of an earthen berm is encouraged where practicable.) In addition,
such areas must also be completely enclosed by an eight-foot-high
fence, with no openings greater than two inches in any direction;
E.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations;
F.
The use shall be screened from all adjoining residentially zoned
properties;
G.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting to be weighed will not back up
onto public roads;
H.
All access drives onto the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, than 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;
I.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, all areas of the site shall be protected by
locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations;
J.
Hazardous waste as described by the PA DEP shall not be disposed
of within the proposed area;
K.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to the Township;
L.
The unloading, processing, transfer, and deposition of septage and/or
solid waste shall be continuously supervised by a qualified facility
operator;
M.
Any waste that cannot be used in any disposal process/or material
that is to be recycled shall be stored in leakproof and vector-proof
containers. Such containers shall be designed to prevent their being
carried by wind or water. These containers shall be stored within
a completely enclosed building;
N.
All storage of septage and/or solid waste shall be indoors in a manner
that is leakproof and vector-proof. During normal operation, no more
solid waste shall be stored on the property than is needed to keep
the facility in constant operation; but, in no event for more than
72 hours;
O.
A contingency plan for the disposal of solid waste during a facility
shutdown shall be submitted to the Township;
P.
Leachate from the septage and/or solid waste shall be disposed of
in a manner in compliance with any applicable state and federal laws
or regulations. If leachate is to be discharged to a municipal sewage
facility, pretreatment shall be required and appropriate permits shall
be obtained from the applicable agencies and authorities. In no event
shall leachate be disposed of in a storm sewer, to the ground, or
in any other manner inconsistent with the Department of Environmental
Protection's regulations;
Q.
All structures shall be set back from adjoining property lines at
least a distance equal to their height;
R.
The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on the current traffic flows on this road
system, and projections of traffic generated by the proposed use.
Improvements to the road shall be provided by the applicant to insure
safe turning movements to and from the site and safe through movement
on the existing road;
S.
A minimum one-hundred-foot wide landscape strip shall be located
along all property lines. No structures, storage, parking, or any
other related activity or operation shall be permitted within this
landscape strip. Any fences or other screening erected on the site
must not be located within this landscape strip;
T.
The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill of waste materials during
disposal to and from the site, and potential hazards regarding firefighting
of waste materials upon the site; and
U.
No principal waste handling facility shall be located within one
mile of another, as measured in a straight line between closest property
lines.
Within the R and VC Zones, private clubs are permitted by special
exception, subject to the following standards:
A.
All private clubs shall front on or have access to an arterial or
collector road;
B.
All off-street parking shall be provided as required by § 215-38 of this chapter, and is to be set back 30 feet from any adjoining residential lot lines;
C.
Outdoor recreation/activity areas shall be set back at least 50 feet
from any property line;
D.
One sign, not to exceed 32 square feet, shall be permitted;
E.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply will be utilized; and
F.
The applicant must furnish evidence as to how the use will be controlled
so as not to constitute a nuisance due to noise or loitering outside
of the clubhouse, or glare of lighting on adjoining properties and
streets.
Within the LDR and MDR Zones, public and private schools are
permitted by conditional use, subject to the following criteria:
A.
B.
The maximum permitted height of the building which may be used as
additional floor space for public or private school purposes may be
permitted to exceed 45 feet, but not to exceed 60 feet, provided that
it is found that:
[Added 4-7-2008 by Ord. No. 2008-2]
(1)
The height of the public or private school does not detract from
the use or enjoyment of adjoining or nearby properties;
(2)
The public or private school does not pose a safety hazard for aerial
or air traffic purposes;
(3)
The public or private school will not adversely affect or change
the character of the subject public or private school property's neighborhood;
(4)
The public or private school does not adversely affect the supply
of air or light to or on adjoining or nearby properties;
(5)
The public or private school must be set back a horizontal distance
at least equal to that height from any property line;
(6)
Evidence is presented that the additional height is reasonably necessary
based on the scholastic program proposed for the building and based
on the site conditions, as well as the size of the building necessary
to accommodate the required building systems (e.g., heating, ventilating
and electric and other code-related criteria); and
(7)
The public or private school shall be subject to such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as the Board of Supervisors may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code, as
amended,[1] in this chapter, as amended, and the purposes of this
chapter, as amended;
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Cupolas or towers used solely for ornamental purposes at a height
above the roofline, in any case not to exceed 30 feet above the roofline,
are permitted, provided that:
[Added 4-7-2008 by Ord. No. 2008-2]
(1)
The cupola or tower is not used as additional floor space for public
or private school purposes;
(2)
The cupola or tower does not detract from the use or enjoyment of
adjoining or nearby properties;
(3)
The cupola or tower does not pose a safety hazard for aerial or air
traffic purposes;
(4)
The cupola or tower will not adversely affect or change the character
of the subject public or private school property's neighborhood;
(5)
The cupola or tower does not adversely affect the supply of air or
light to or on adjoining or nearby properties;
(6)
Such structures or projections must be set back a horizontal distance
at least equal to that height from any property line; and
(7)
Subject to such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as the Board of Supervisors may
deem necessary to implement the purposes of the Pennsylvania Municipalities
Planning Code, as amended, in this chapter, as amended, and the purposes
of this chapter, as amended;
D.
All off-street parking lots shall be set back 25 feet from all adjoining property and street lines, and screened in accordance with § 215-40 of this chapter;
E.
All buildings shall be set back at least 40 feet from any adjoining
land within a residential zone;
[Amended 4-7-2008 by Ord. No. 2008-2]
F.
If education is offered below the college level, an outdoor play
area shall be provided at a rate of 65 to 70 square feet of play space
per child using the space at any one time. 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 screened from
adjoining residentially zoned properties. Harmful (poisonous, thorny,
allergenic, etc.) vegetative materials shall not be located within
outdoor play areas. All outdoor play areas must provide shade by means
such as shade tree(s) or pavilion(s);
[Amended 4-7-2008 by Ord. No. 2008-2]
G.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site; and
H.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply will be utilized.
Within the Q Zone, quarries and other extractive-related uses
are permitted by conditional use, subject to the following criteria:
A.
General — quarry operations:
(1)
May not be located on land comprised primarily of Class I, II or
III prime agricultural soils, as delineated by the latest version
of USDA's 1985 Soil Survey of Mifflin County, Pennsylvania;
(2)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties;
(3)
May not adversely affect any public or private water supply source;
(4)
May not adversely affect the logical, efficient, and economical extensions
of public services, facilities and utilities throughout the Township;
(5)
May not create any significant damage to the health, safety, or welfare
of the Township and its residents and property owners;
(6)
May not result in the land area subject to quarrying being placed
in a condition which will prevent the use of that land for economically
and ecologically productive uses upon completion of the quarry operation;
and
(7)
Must demonstrate compliance with all applicable state regulations
at all times;
B.
Site plan requirements. As a part of each application the applicant
shall furnish an accurately surveyed site plan on a scale no less
than 1:2,400, showing the location of the tract or tracts of land
to be affected by the operation. The surveyed site plan shall be certified
by a registered professional engineer or a registered professional
land surveyor with assistance from experts in related fields and shall
include the following:
(1)
The boundaries of the proposed land affected, together with the drainage
area above and below the area.
(2)
The location and names of all streams, roads, railroads, and utility
lines on or immediately adjacent to the area;
(3)
The location of all buildings within 1,000 feet of the outer perimeter
of the area affected, and the names and addresses of the owners and
present occupants;
(4)
The purpose for which each building is used; and
(5)
The name of the owner of the affected area and the names of adjacent
landowners, the municipality, and the county;
C.
Minimum lot area: 50 acres;
D.
A fence measuring at least eight feet in height must enclose the
area of actual quarrying. If a chain-link fence is used, then said
fence shall include a vegetative screen that is provided along the
outside of the fence, away from the quarry;
E.
Setbacks. The following table identifies minimum setbacks imposed
upon specific features of the quarry and other extractive-related
uses from adjoining and/or nearby uses:
|
Quarry-Related Feature
|
Existing
Residence
(feet)
|
Existing
Nonresidential
Building
(feet)
|
Residential
Zone
(feet)
|
Adjoining
Road
(feet)
|
Public/
Nonprofit
Park
(feet)
|
Cemetery or
Stream Bank
(feet)
|
Adjoining Property
(feet)
|
|---|---|---|---|---|---|---|---|
|
Stock piles or spoil piles
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Mineral processing equipment (e.g., rushers, sorters,
conveyors, dryers, etc.)
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Quarry pit
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
On-site access roads and off-street parking loading
and vehicle storage and weighing facilities
|
300
|
300
|
500
|
100
|
300
|
100
|
100
|
|
Other operational equipment, structures and/or improvements
|
300
|
300
|
500
|
100
|
300
|
100
|
100
|
F.
Access. 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 collector or arterial roads, as identified on
the Official Zoning Map;
(1)
All access drives shall be designed and located so as to permit the
following minimum sight distances measured from a point at least 10
feet behind the curbline or edge of cartway of an intersecting public
street. No sight obstructions shall be permitted which are greater
than three feet or less than 10 feet above the street surface;
|
Speed Limitation on Public Street
(mph)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
240
| |
|
30
|
275
| |
|
35
|
315
| |
|
40
|
350
| |
|
45
|
425
| |
|
50
|
475
| |
|
55
|
550
|
(2)
All access drives serving the site shall have a paved minimum thirty-five-foot
wide cartway for a distance of at least 200 feet from the intersecting
street right-of-way line. In addition, a fifty-foot long gravel section
of access drive should 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;
(3)
In general, access drives shall intersect public streets at 90°
as site conditions permit; however, in no case shall access drives
intersect public streets at less than 70°. Said angle shall be
measured from the center line of the street to the center line of
the access drive;
G.
Traffic impact. The applicant shall furnish a traffic impact study prepared by a professional traffic engineer, as outlined in § 215-45 of this chapter. Such study shall demonstrate that the proposed use will generate only that traffic normally generated by the type of use, or that any abnormal traffic generated will not threaten safety;
H.
Reclamation. The applicant shall demonstrate compliance with Section
7(c) of the Pennsylvania Act No. 219 of 1984, as may be amended.[1] The applicant shall provide a detailed description of
the proposed use of the site, once reclamation has been completed,
including a description of any zoning and/or subdivision approvals
or remedies that would be necessary to accommodate the proposed use.
Finally, the applicant shall provide written notification to the Township
within 30 days whenever a change in the reclamation plan is proposed
to the PA DEP;
[1]
Editor's Note: See 52 P.S. § 3307(c).
I.
Screening. Where the proposed use adjoins a residential zone, an
existing residence and/or a public road, screening shall be provided.
Such screening shall be comprised of an earthen berm at least 10 feet
in height. Such berm shall be located on the quarry site and placed
so as to maximize the berm's ability to absorb and/or block views
of and/or noise, dust, smoke, etc., generated by the proposed use.
The berm shall be completely covered and maintained in an approved
vegetative ground cover. In addition, a landscape screen located outside
the required fence shall consist of evergreen shrubs and trees arranged
to form both a low level and a high level screen within a strip of
land with a minimum width of 10 feet. The high level screen shall
consist of evergreen trees of not less than five feet in height at
the time of planting that shall be planted at intervals of not more
than 10 feet. The low level screen shall consist of evergreen shrubs
of not less than three feet in height at the time of planting that
shall be planted at intervals of not more than five feet. The landscape
screen shall be permanently maintained;
J.
Operations progress report. Within 90 days after commencement of
surface mining operations and each year thereafter, the operator shall
file an operations and progress report with the Zoning Officer setting
forth all of the following:
(1)
The name or number of the operation;
(2)
The location of the operation with reference to the nearest public
road;
(3)
A description of the tract or tracts, including a site plan showing
the location of all improvements, stockpile, quarry pits, etc.;
(4)
The name and address of the landowner or his duly authorized representative;
(5)
An annual report of the type and quantity of mineral produced;
(6)
The current status of the reclamation work performed in pursuance
of the approved reclamation plan;
(7)
A maintenance report for the site that verifies that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance has been performed; and
(8)
Verification that the proposed use continues to comply with all applicable
state regulations. The operation shall furnish copies of any approved
permits and/or any notices of violation issued by the PA DEP.
Within the VC and GC Zones, recycling collection facilities
are permitted by special exception and conditional use, respectively,
subject to the following criteria:
Within the R and HI Zones, recycling of paper, plastic, glass
and metal products is permitted by conditional use, subject to the
following criteria:
A.
All operations, including collection, shall be conducted within a
completely enclosed building;
B.
There shall be no outdoor storage of materials processed, used, or
generated by the operation;
C.
The applicant shall explain the scope of operation, and offer expert
testimony regarding the measures used to mitigate problems associated
with noise, fumes, dust, and litter; and
D.
The applicant will be required to assure regular maintenance of the
site to immediately collect stray debris.
Within the A, F and R Zones, resort or retreat facilities are
permitted by conditional use, subject to the following criteria:
A.
Minimum lot area: 10 acres;
B.
The clearing and cutting of mature trees shall be limited to that
which is required to accommodate the use;
C.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used;
D.
A minimum of 50% of the gross area of the site shall be devoted to
outdoor active or passive recreation facilities. This area may include
any required stormwater management facilities. Responsibility for
maintenance of recreation areas shall be within the landowner;
E.
One parking space shall be provided for each guest sleeping room
(resort) or each three bunks (retreat), and one per each employee
on the two largest shifts. Such parking shall be provided in a common
parking compound, which shall be set back at least 30 feet from any
adjoining residentially zoned land;
F.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets;
G.
All outdoor active recreation facilities shall be set back at least
50 feet from all property lines; and
H.
One sign, containing no more than 32 square feet, shall be permitted.
Within the VC Zone, the retail sale and/or rental of goods are
permitted by conditional use, subject to the following criteria:
A.
Retail sale and/or rental businesses shall comprise less than 3,600
square feet;
B.
Retail sale and/or rental of goods shall be limited to the following
items:
(1)
Card, stationery, magazine, book, or newspaper shops (excluding adult-related
uses);
(2)
Prerecorded music, video, or spoken word products (excluding adult-related
uses);
(3)
Wine and cheese shops;
(4)
Sporting goods stores;
(5)
Musical instrument shops;
(6)
Tobacco and smoking accessories supplies;
(7)
Photographic, video, audio, and electronic components and accessories;
(8)
Clothing and shoe boutiques;
(9)
Flower, balloon and gift shops;
(10)
Jewelry, watches and clocks;
(11)
Art and drafting supplies and studios;
(12)
Computers, software and other office supplies;
(13)
Craft supplies, baskets, fabrics, and other notions;
(14)
Toy and hobby stores;
(15)
Telephone, vacuum cleaner and other small domestic appliance
centers;
(16)
Prosthetic devices;
(17)
Perfumes, soaps, lotions, powders, and similar items;
(18)
Draperies, paint and wallpaper showrooms;
(19)
Bed and bath supplies;
(20)
Kitchenware, cookware and dinnerware;
(21)
Eyeglass and hearing aid showrooms and offices;
(22)
Drugstores;
(23)
Specialty food stores, grocerettes and convenience stores; and
(24)
Religious articles and artifacts; and
C.
The applicant shall furnish evidence of an approved means of sewage
disposal and water supply.
Within the HDR and HC Zones, retirement villages are permitted
by conditional use, subject to the following criteria:
A.
A retirement village shall contain a minimum of five acres;
B.
All retirement villages shall be served by public water and public
sanitary facilities;
C.
At least one resident of each dwelling unit shall be required to
be 50 years of age or older, or possess a disability that can be treated
within the Health Care Zone;
D.
Maximum density shall be eight units per acre; dwelling units shall
otherwise be subject to the requirements of the High-Density Residential
Zone;
E.
Two off-street parking spaces shall be provided for each dwelling
unit;
F.
There shall be a minimum of 30% of the gross acreage of the retirement
village devoted to active and/or passive common recreational facilities.
This area may include any required stormwater management facilities.
Responsibility for maintenance of the recreational areas shall be
within the landowner and/or the operator;
G.
Service and accessory buildings intended solely for the use of retirement
village residents, and which are shown on an approved plan, may be
erected in a retirement village; and
H.
All retirement villages shall provide interconnected sidewalks permitting
pedestrian access between individual dwelling units, service and accessory
buildings, recreation areas, and parking areas.
Within the A, R and F Zones, riding schools and/or horse boarding
stables are permitted by special exception, subject to the following
criteria:
A.
Minimum lot area: 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 so as to minimize odors perceptible
at the property line;
D.
All outdoor training, show, riding, boarding, or pasture areas shall
be enclosed by a minimum four-foot-high fence, which is located at
least 25 feet from all property lines;
E.
One sign, not to exceed 32 square feet, shall be permitted;
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 and/or movement
of vehicles across neighboring properties.
Within the R and F Zones, rural occupations may be permitted
by conditional use where the proposed use is accessory to the principal
residential use of the property, and subject to the following standards:
A.
Only one rural occupation may be conducted on the same property as
the owner's principal residence;
B.
A rural occupation shall only be conducted within one completely
enclosed outbuilding that satisfies at least one of the following:
(1)
The building will remain the same size and in the same location
as it existed on the effective date of this section; and/or
(2)
The building is limited to one story in height or 20 feet, whichever
is lesser, is no larger than the square footage that comprises the
principal residence's main grade level or 1,000 square feet, whichever
is lesser, is located in the rear yard of the principal residence,
and is set back at least 50 feet from any side or rear lot lines;
C.
In no case shall any new rural occupation building be constructed
before the owner resides on the subject property. In addition, rural
occupations may only be conducted so long as the sole owner of the
business resides on the site;
D.
In no case shall the required maximum lot coverage be exceeded by
those impervious surfaces associated with the principal residence,
rural occupation and/or other accessory uses;
E.
All off-street parking and loading spaces shall be screened from
adjoining roads and properties;
F.
No outdoor storage or display shall be permitted, except that one
commercial truck of not more than 11,000 pounds gross vehicle weight
may be parked behind the principal residence so long as it is screened
from adjoining roads and properties;
G.
One nonilluminated sign not exceeding six square feet shall be permitted
and must be set back a distance at least equal to its height from
every lot line;
H.
Vehicular access to the rural occupation shall be limited to the
same driveway connection with the public street that serves the principal
residence. No additional roadway connections shall be permitted;
I.
The maximum number of employees that do not reside on the site shall
be equal to two full-time positions. For the purposes of this section,
"employees" shall be defined as those involved in the on-site conduct
of the rural occupation;
J.
Rural occupations shall only be conducted between the hours of 6:00
a.m. and 9:00 p.m.;
K.
No manufacturing, mechanical, or industrial use shall be permitted
which causes any noise, odor, glare, fume, smoke, dust, vibration,
electromagnetic interference, or other hazard that is noticeable at
or beyond the line of the nearest residential lot. No use that requires
application or permitting by the PA DEP for the handling of hazardous
waste or other substances shall be permitted, except for the treatment
of wastewater generated on the site;
L.
Any area devoted to retail sales display shall be limited to 20%
of the overall size of the rural occupation;
M.
The applicant shall furnish evidence that an approved means of sewage
disposal shall be utilized, and further that such means is part of
the same system in use for the principal residence; and
N.
Evidence shall be provided indicating that the use of all materials
and disposal of wastes will be accomplished in a manner that complies
with state and federal regulations.
Within the A, R and F Zones, sawmills are permitted by conditional
use, subject to the following requirements:
A.
Vehicular access to the sawmill shall be via a minimum twelve-foot
wide shale or stone access drive that includes a fifty-foot shale
or stone apron adjacent to the street;
B.
All aspects of the sawmill operation (except access drives) shall
be set back no less than 200 feet from all property lines, and 500
feet from any residentially zoned property;
C.
One sign, not to exceed 32 square feet, shall be permitted; and
D.
All sawmill by-products shall be routinely disposed of in accordance
with law.
Within the A and F Zones, shooting ranges are permitted by conditional
use, subject to the following criteria:
A.
Shooting range operations:
(1)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties;
(2)
May not substantially damage the health, safety or welfare of
the Township or its residents and property owners;
(3)
Must comply with all applicable state and local laws, rules
and regulations regarding the discharge of a firearm;
(4)
Shall limit the storage of ammunition to only that utilized
for each day's activity, and in no event shall ammunition remain on
the property for greater than 24 hours. The storage of live ammunition
may only occur indoors in an area secured from general access;
(5)
Shall limit the number of shooters to the number of firing points
or stations identified on the development plan;
(6)
Shall limit the consumption of alcoholic beverages to days when
no shooting activities are permitted, or when the shooting activities
are completed for that day. Furthermore, alcoholic beverages may only
be consumed in designated areas away from the firing points or stations;
and
(7)
Shall limit firing to the hours between one hour after dawn
and one hour preceding dusk, except for professional firearm instruction
for law enforcement personnel;
B.
A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan;
C.
The firing range, including the entire safety fan, shall be enclosed
with a six-foot-high nonclimbable fence or shale bank to prevent unauthorized
entry into the area. Range caution signs with eight-inch tall, red
letters on a white background shall be posted at a maximum of one-hundred-foot
intervals around the range perimeter. Signs shall read "Shooting Range
Area Keep Out!";
D.
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms, and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet-producing materials;
E.
All shooting range facilities, including buildings, parking, firing
range, and safety fan shall be set back a minimum of 100 feet from
property lines and the street right-of-way;
F.
Off-street parking facilities shall be provided with a ratio of 1 1/2
spaces per firing station, but not less than one space for each four
seats; and
G.
No part of a shooting range property shall be located within 1/4
mile of any land within a residential zone.
Within the GC Zone, shopping centers or malls may be permitted
by conditional use, subject to the following:
A.
Minimum lot size: two acres;
B.
Minimum lot width: 200 feet;
C.
Maximum lot coverage: 70%;
D.
The subject property shall front on an arterial or collector road,
and all access drives shall be set back at least 200 feet from the
nearest intersection of any two street right-of-way lines;
E.
All parking lots shall be constructed and maintained with a paved
surface of concrete or bituminous materials;
F.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used; and
Within the A Zone, single-family detached nonfarm dwellings
and seasonal dwellings on separate lots are permitted by conditional
use, subject to the following criteria:
A.
In addition to the design requirements applicable to single-family detached dwellings in § 215-12 of this chapter, every single-family detached dwelling and seasonal dwelling unit (not farm dwellings) proposed within the Agricultural Zone shall be set back according to the following chart. Required setback distances shall be measured as a straight line from the specified use to the closest property line of the proposed dwelling. Where an existing property line does not permit the required setback to be met on the applicable neighboring property, it must be met on the applicant's property, in addition to the applicable yard setback requirement;
|
Specified Use
|
Required Setback
(feet)
| |
|---|---|---|
|
Facilities or areas for the storage or processing of manure,
solid waste, septage, spent mushroom compost; structures for the cultivation
of mushrooms, or the intensive commercial raising or housing of livestock
or poultry; or quarries
|
300
| |
|
Farm-related businesses or sawmills
|
200
| |
|
Farm occupations
|
100
| |
|
Rural occupations
|
50
| |
|
Beehives
|
20 or fence
|
B.
Satisfaction of objectives:
(1)
The applicant shall demonstrate that measures have been used
to:
(a)
Minimize the loss of valuable farmland;
(b)
Cluster residential lots on the subject property and, if applicable,
with those lots contained on adjoining farms;
(c)
Minimize the length of property lines shared by all residential
lots and adjoining farms;
(d)
Assure adequate vehicular access to future residences not currently
proposed;
(e)
Assure that the proposed plan can comply with Chapter 186, Subdivision and Land Development, of the Code of the Township of Derry; and
(f)
Minimize the clearing or cutting of mature trees and hedge rows;
(2)
The applicant shall furnish evidence regarding how these objectives
have been satisfied; and
Within the A and HI Zones, spent mushroom compost processing
and/or commercial mushroom operations are permitted by conditional
use, subject to the following criteria:
A.
Any processing, loading, storage, and packaging operations must be
conducted within a completely enclosed building that is leakproof
and vector-proof;
B.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations;
C.
The use shall be screened from all roads and adjoining properties;
D.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting to be weighed or loaded/unloaded
will not back up onto public roads;
E.
All driveways onto the site must be paved for a distance of at least
100 feet from the street right-of-way line. In addition, a fifty-foot-long
gravel section of driveway shall be placed just beyond the preceding
hundred-foot paved section to help collect any mud that may have attached
to a vehicle's wheels;
F.
The unloading, processing and transfer of spent mushroom compost
shall be continuously supervised by a qualified facility operator;
G.
Any leachate shall be disposed of in a manner in compliance with
any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, appropriate permits
shall be obtained from the applicable agencies and authorities. In
no event shall leachate be disposed of in a storm sewer, to the ground,
or in any other manner inconsistent with the PA DEP regulations;
H.
A minimum one-hundred-foot wide buffer strip shall be located along
all property lines. No structures, storage, parking, or any other
related activity or operation shall be permitted within this buffer
strip. Any fences or other screening erected on the site must not
be located within this buffer strip;
I.
The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on the current traffic flows on this road
system, and projections of traffic generated by the proposed use.
Improvements to the road shall be provided by the applicant to insure
safe turning movements to and from the site and safe through movement
on the existing road; and
J.
Any structure used for the storage, loading, processing and/or packaging
of spent mushroom compost shall be set back at least 100 feet from
all property lines, and 500 feet from any residentially zoned properties.
In addition, any ventilation outlets must be oriented away from any
land within an adjoining residential zone.
Within the R and MDR Zones, townhouses are permitted by conditional
use, subject to the following criteria:
A.
Public sewer and public water shall be provided;
B.
Maximum density: five units per acre;
C.
Minimum lot area: 2,000 square feet per unit;
D.
Maximum lot coverage: 50%;
E.
Minimum lot width: 20 feet per unit;
F.
Minimum required setbacks. All townhouse buildings shall be set back
at least 25 feet from any perimeter boundary of the development site.
In those instances where more than one townhouse building is located
on the same lot, the following separation distances shall be provided
between each building:
(1)
Front to front, rear to rear, or front to rear parallel buildings
shall have at least 70 feet between faces of the buildings. If the
front or rear faces are obliquely aligned, the above distances may
be decreased by as much as 10 feet at one end if increased by similar
or greater distance at the other end;
(2)
A minimum yard space of 30 feet is required between end walls
of buildings. If the buildings are at right angles to each other,
the distance between the corners of the end walls of the building
may be reduced to a minimum of 20 feet; and
(3)
A minimum yard space of 30 feet is required between end walls
and front or rear faces of buildings;
G.
No townhouse building shall contain more than six units. For each
townhouse building containing more than four units, no more than 60%
of such units shall have the same front yard setback; the minimum
variation of setback shall be two feet.
Within the HI Zone, truck or motor freight terminals are permitted
by conditional use, subject to the following criteria:
A.
Access shall be via an arterial road; and
B.
The applicant shall furnish a traffic study prepared by a professional traffic engineer, in accordance with § 215-45 of this chapter. Such study shall demonstrate that the proposed use will generate only that traffic normally generated by the type of use, or that any abnormal traffic generated will not threaten safety.
Within the A, R, LDR, MDR, HDR, and VC Zones, a detached single-family
dwelling that existed on the effective date of this chapter, and contained
(at that time) at least 2,000 square feet, may be converted into two
dwelling units by conditional use, subject to the following:
A.
The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized;
B.
No extensions or modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted;
C.
All floors above grade shall have direct means of escape to ground
level; and
D.
Four off-street parking spaces shall be provided.
Within the GC and LI Zones, vocational and mechanical trade
schools are permitted by conditional use, subject to the following
criteria:
A.
Any maintenance, repair, rebuilding, testing or construction of mechanical
devices shall be conducted within a completely enclosed building;
B.
No outdoor storage shall be permitted;
C.
The applicant shall furnish evidence that approved systems of sewage
disposal and water supply will be utilized; and
D.
All ventilation outlets shall be located at least 100 feet and oriented
away from adjoining residentially zoned properties.
Within the LI and HI Zones, warehousing and wholesale trade
establishments are permitted by conditional use, subject to the following
criteria:
A.
The applicant shall provide the following:
(1)
Detailed information describing the nature of the on-site operations,
the types of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations, if applicable;
(2)
Information on the general scale of the operation, in terms
of its market area, specific floor space requirements for each activity,
the total number of employees on each shift, and an overall needed
site size;
(3)
Information on any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in § 215-44 of this chapter; and
(4)
For sites exceeding two acres in size, a traffic study prepared by a professional traffic engineer, in accordance with § 215-45 of this chapter. Such study shall demonstrate that the proposed use will generate only that traffic normally generated by the type of use, or that any abnormal traffic generated will not threaten safety.
Within the A and HI Zones, wholesale produce, farmers auctions
or flea markets, and within the R Zone, farmers auctions or flea markets
are permitted by conditional use, subject to the following criteria:
A.
The retail sales area shall be considered to be that of the smallest
rectangle, or other regular geometric shape which encompasses all
display stands, booths, tables or stalls, plus any adjoining aisles
and/or walkways from which consumers can inspect items for sale. The
retail sales area shall include all indoor and/or outdoor areas as
listed above;
B.
The retail sales area shall be set back at least 50 feet from all
property lines, and shall be calculated as part of the maximum permitted
lot coverage, regardless of its surface treatment;
C.
Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area, and shall be designed and used in accordance with § 215-38 of this chapter;
D.
Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in § 215-39 of this chapter;
E.
All outdoor displays and sales of merchandise shall cease no less
than one hour prior to sunset;
F.
Any exterior amplified public address system shall be arranged and
designed so as to prevent objectionable impact on adjoining properties;
and
G.
Exterior trash receptacles shall be provided amid any outdoor retail
sales area. Such trash receptacles shall be routinely emptied so as
to prevent the scattering of litter and debris. All applications shall
include a description of a working plan for the cleanup of litter.
