[Ord. 9-94, 4/7/1994, § 401]
1.
This Part establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this Chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
2.
For uses allowed within a specific zoning district as special exception or conditional uses, see the procedures and general standards in § 27-118 and 27-119. Sections 27-402 and 27-403 list a set of additional standards to be used in determining whether a proposed special exception or conditional use should be approved.
[Ord. 9-94, 4/7/1994, § 402; as amended by Ord.
00-4, 10/19/2000, § 2; and by Ord. 02-6, 6/5/2002, § 2]
Each of the following uses shall meet all of the following requirements
for that use:
A.
Adult Use. (This is limited to the following: adult bookstore, adult
movie theater, massage parlor or adult live entertainment use.)
(1)
No such use shall be located within 500 lineal feet of the lot
line of any primary or secondary school, place of worship, public
park, day-care center, child nursery, library, existing dwelling or
any site marked as a proposed future park location on any Township
official map.
(2)
No such use shall be located within 1,000 lineal feet of any
existing adult use.
(3)
A thirty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 27-803, but with plantings of an initial minimum height of five feet.
(4)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(5)
No such use shall be used for any purpose that violates any
federal, state or Township law.
(7)
No such use shall be allowed in combination with the sale of
alcoholic beverages.
(8)
The use shall not include the sale or display of "obscene" materials,
as defined by state law, as may be amended by applicable court decisions.
(10)
A minimum lot area of two acres is required.
(11)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers. No room
of any kind accessible to customers shall include less than 150 square
feet.
(12)
No use may include live actual or simulated sex acts or any
sexual contact between entertainers or between entertainers and customers.
(13)
Only "lawful" massages, as defined by state court decisions,
shall be performed in a massage parlor.
(14)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful adult live entertainment use.
(15)
Unless the Zoning Officer agrees in advance to send such notices,
the applicant shall provide a written affidavit stating that he/she
has mailed or delivered a written notice of the proposed hearing date
to all property owners of record within 500 feet of the subject property
at least 10 days prior to the hearing date.
(16)
Any application for such use shall state the names, home addresses
and home phone numbers of: a) all individuals intended to have more
than a five-percent ownership in such use or in a corporation owning
such use and b) an on-site manager responsible to ensure compliance
with this Chapter. Such information shall be updated twice a year
in writing to the Zoning Officer.
C.
After Hours Club. See State Act 219 of 1990, which generally prohibits
this use.
D.
Airport or Heliport.
(1)
Minimum lot area for airport: 25 acres for a private airport
and 50 acres for a public airport.
(2)
Minimum lot area for heliport: two acres in an industrial district
and 15 acres in any other district.
(3)
Airplane runways shall be oriented to minimize the hazards and
disturbance posed by aircraft during takeoff and landing.
(4)
The site and its design shall be approved by the Pennsylvania
Bureau of Aviation and the Federal Aviation Administration.
(5)
The proposed expected flight paths shall be designed to minimize
noise hazards to existing residences or approved residential developments.
(6)
The end of any runway shall be a minimum of 1,000 feet and the
landing pad of a heliport shall be a minimum of 300 feet from the
lot line of any existing dwelling which the applicant for the airport
or heliport does not own or have an agreement of sale. Any portion
of a runway or heliport shall be 100 feet from any other lot line.
(7)
Conditions. The Zoning Hearing Board may place such necessary
and reasonable conditions on the use to carry out the objectives of
this Chapter. These include limiting the types and sizes of aircraft,
the hours of operations, the numbers of flights and the general direction
of approach. However, such Board shall not place any conditions on
the use that will seriously interfere with the safety of the operations.
E.
Animal Cemetery.
(1)
All the regulations for a cemetery in this Section shall apply.
(2)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will be conducted in such a manner that
the public health and groundwater quality will not be threatened.
(3)
Any crematorium shall be set back a minimum of 250 feet from
any residential lot line.
(4)
The applicant shall prove that there will be a long-term system
to ensure perpetual maintenance.
F.
Auditorium, Commercial or Nightclub.
(1)
A forty-foot buffer yard shall completely separate the structure
and all off-street parking areas from any lot line of any residential
lot.
(2)
A commercial auditorium shall have a minimum lot area of two
acres for each 150 seats.
(3)
The structure of a commercial auditorium or nightclub with a
capacity of 250 or more persons shall be set back a minimum of 250
feet from the lot line of any residential use or residential district.
G.
Auto Repair Garage.
(1)
All paint work shall be performed within a building, with a
fume collection and ventilation system that directs fumes away from
any adjacent dwellings. Outdoor major repairs (such as bodywork and
grinding) and outdoor welding shall not occur within 250 feet of a
residential lot line.
(2)
All reasonable efforts shall be made to prevent or minimize
noise, odor, vibration, light or electrical interference to adjacent
lots. See standards in Part 5.
(3)
Outdoor storage of autos and other vehicles shall not be within a paved area setback required by § 27-603 nor closer than 20 feet from a lot line of an existing dwelling.
(4)
Overnight outdoor storage of junk, other than junk vehicles,
shall be prohibited within view of a public street or a dwelling.
(5)
An individual "junk vehicle" (as defined by Part 2) shall not
be stored within view of a public street or a dwelling for a total
of more than 20 days. No junk vehicles shall be stored within 20 feet
of an existing street right-of-way line. A maximum of six junk vehicles
may be parked on a lot outside of an enclosed building at any one
time. Any junk vehicle stored outside overnight shall be screened
from view of adjacent dwellings.
(6)
Service bay doors shall not face directly towards an abutting
dwelling, not including a dwelling separated from the garage by a
street.
(7)
See also a "truck stop."
I.
Auto Service Station.
(1)
See definition in Part 2, and the definition of "auto repair
garage."
(2)
All activities except those to be performed at the fuel or air
pumps shall be performed within a building.
(3)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way.
(4)
Overnight outdoor storage of junk shall be prohibited within
view of a public street or dwelling. Any junk vehicle stored outside
overnight shall be screened from view of adjacent dwellings.
(5)
An individual "junk vehicle" (as defined by Part 2) shall be
stored within view of a public street or a dwelling for more than
a total of 20 days. No junk vehicles shall be stored within 20 feet
of an existing street right-of-way. No more than three junk vehicles
shall be stored on the lot outside of an enclosed building at any
point in time.
(6)
There shall be an ability for a minimum of four vehicles to
be serviced at each cluster of gasoline pumps or to be lined up behind
cars being serviced without obstruction of access into or out of the
driveways from public streets.
(7)
See also a "truck stop."
(8)
The use may include a "convenience store" if the requirements
for such use are also met.
J.
Bed-and-Breakfast Use.
(1)
Within a residential district, no more than four rental units
shall be provided, no more than four persons may occupy one rental
unit, and no more than a maximum of 10 guests total may occupy the
facility at one point in time. In any case, uses involving 20 or more
guests shall be considered a hotel or motel.
(2)
One off-street parking space shall be provided for each rental
unit. The off-street parking spaces for the bed-and-breakfast shall
be located either to the rear of the principal building or screened
from the street and abutting dwellings by evergreen screening.
(3)
At least one bathroom shall be provided for every three rental
units, plus one bathroom for the operators.
(4)
There shall not be any signs, show windows or any type of display
or advertising visible from outside the premises, except for a single
nonilluminated sign with a maximum sign area of four square feet on
each of two sides and with a maximum height of eight feet.
(5)
The use shall have a residential appearance and character.
(6)
The use shall be operated by permanent residents of the lot.
(7)
There shall not be separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight.
(8)
No guest shall stay for more than seven days in any month.
(9)
The use of any amenities provided by the bed-and-breakfast,
such as swimming pool or tennis court, shall be restricted in use
to the clientele and permanent residents of the establishment and
their occasional invited guests.
(10)
The applicant shall prove that any existing on-lot septic system
is sufficient in size and that there is no visible sign of failure
of the system.
(11)
Shall be restricted to buildings that existed prior to January
1, 1940.
(12)
Shall have a minimum setback from all residential lot lines
of 10 feet.
K.
Betting Use.
(1)
Shall be located abutting an arterial or collector street, as
defined by the Official Street Classification Map.
(2)
Minimum lot area: three acres.
(3)
Minimum building setback from the lot line of any place of worship
or residential zoning district: 300 feet.
(4)
The applicant shall prove to the satisfaction of the Zoning
Officer that the use will provide adequate on-site parking.
L.
Boardinghouse (or Rooming House).
(1)
Minimum lot area: 1.5 acres.
(2)
Minimum setback from all lot lines: 50 feet.
(3)
Minimum lot width: 200 feet.
(4)
Maximum density. Three bedrooms or six persons per acre.
(5)
Each sleeping room shall be limited to two persons each.
(7)
Interior space. A minimum of 400 square feet of interior floor
space per resident.
(8)
Maximum number of residents: 20.
(9)
See also standards for "personal care home," which is a separate
use.
(10)
Signs: shall be limited to two wall signs with a maximum of
two square feet each.
(11)
Rooms shall be rented for a minimum period of five consecutive
days.
M.
Bus Terminal, Inter-City. For regular scheduled service between metropolitan
areas; bus stations and bus stops for local bus service and school
buses are not regulated by this Chapter.
(1)
Street access from the bus station to an arterial street or
an expressway shall not require driving on a local street that is
primarily residential.
(2)
Shall provide an area for the loading and unloading of buses
separate from required off-street parking areas, and a separate area
for pickup and dropoff of persons from private vehicles.
(3)
May be an accessory use to a permitted shopping center or restaurant,
provided that the applicant proves to the Zoning Officer that there
is adequate room for movements by the bus on the site or an adequate
street shoulder for stops.
N.
Campground.
(1)
Any sleeping quarters or tent sites shall not be within the
one-hundred-year floodway.
(2)
For each acre of total lot area, there shall be a maximum average
of: a) two recreational vehicle sites; b) five tent sites; or c) cabin
sleeping capacity for six persons. Such sites may be clustered in
portions of the tract.
(3)
Maximum impervious coverage: 10%.
(4)
Any store shall be limited to sales of common household and
camping items to persons camping on the site.
(5)
A commercial campground shall include at least one gravel or
paved entrance road from a public street, with a minimum width of
20 feet.
(6)
Minimum lot area: eight acres.
(7)
All campsites and recreational vehicle sites shall be set back
a minimum of 100 feet from all residential lot lines.
(8)
All parking, interior driveways, developed recreation areas,
recreational vehicle parking areas, cabins, tent sites and similar
activity areas shall be set back a minimum of 150 feet from any residential
lot lines. Any existing healthy trees within such setback shall be
preserved, except at needed perpendicular crossings.
O.
Car Wash.
(1)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets.
(2)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(3)
Adequate provisions shall be made for the proper and convenient
disposal of refuse. For a truck wash, the applicant shall provide
evidence that adequate measures will be in place to prevent pollutants
from being washed into the groundwater or waterways.
(4)
Water used in the operation shall be collected and recycled
and shall not flow into any storm sewers or waterways or the groundwater
outside of an on-lot septic system.
(5)
Water from the car wash operation shall not flow onto sidewalks
or streets, to prevent hazards from ice.
(6)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 9:00 p.m. and 7:00
a.m.
(7)
Any chemicals that may be hazardous to aquatic life shall be
stored within an area that will completely contain any leaks or spills.
P.
Cemetery.
(1)
Minimum lot area: two acres.
(2)
A crematorium, where allowed, shall be set back a minimum of
250 feet from all lot lines of existing dwellings and all undeveloped
residentially zoned lots.
(3)
All structures and graves shall be set back a minimum of 30
feet from the lot line of an abutting dwelling or any undeveloped
residentially zoned lot, 20 feet from the future right-of-way of any
public street, and 10 feet from the cartway of an internal driveway.
(4)
No gravesites shall be located within the one-hundred-year floodplain.
(5)
The use shall include an appropriate system to ensure perpetual
maintenance.
Q.
Commercial Swimming Pool. See "swimming pool, nonhousehold."
R.
Communications Tower or Antenna, Commercial.
(1)
A commercial communications tower shall be set back a minimum
distance equal to its height from all lot lines and existing street
right-of-way lines.
(2)
A freestanding commercial communications tower with a height
greater than 50 feet above the natural ground level shall not be located
in a residential district.
(3)
The base of a freestanding tower shall be surrounded by a secure
fence with a minimum height of eight feet.
(5)
In the RT District, a commercial communications tower shall
not exceed 120 feet in height above the average surrounding ground
elevation, whether freestanding or attached to a building.
T.
Cultural Center/Community Center. No developed active outdoor recreation
area shall be located closer than 25 feet to any lot line.
U.
Day-Care Center, Child. As a principal use.
(2)
The use shall comply with any applicable county, state and federal
regulations, including having an appropriate Pennsylvania Department
of Public Welfare registration certificate or license.
(3)
Convenient parking spaces within the requirements of Part 6
shall be provided for persons delivering and waiting for children.
(4)
In residential districts, where permitted as a principal use,
shall have a minimum lot area of 20,000 square feet and a minimum
setback of 15 feet from an abutting residential lot line.
(5)
Shall include adequate measures to ensure the safety of children
from traffic or other nearby hazards. This shall include a secure
fence around any outdoor areas abutting streets that are routinely
used for outdoor play.
(6)
Outside play areas in residential districts shall be limited
to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet
of an abutting dwelling.
(7)
Outdoor play areas of a day-care center involving the care of
25 or more children at any one time shall be set back a minimum of
25 feet from the exterior walls of an abutting existing occupied dwelling.
(8)
This use shall not be conducted in a dwelling that is physically
attached to another dwelling that does not have a common owner.
(9)
In residential districts, any permitted day-care center shall
maintain an exterior appearance that resembles and is compatible with
any existing dwellings in the neighborhood.
(10)
A day-care center may occur in a building that also includes
permitted or nonconforming dwelling units.
(11)
See also the standards for a "place of worship" in this Section,
which allows a day-care center as an adjunct use.
W.
Emergency Services Station. The applicant shall show that the proposed
location will have safe access towards arterial and collector streets,
will be well-located to serve the service area and is designed in
coordination with the facility needs and services of other emergency
service providers.
Y.
Financial Institution. Any drive-up window(s) and waiting lanes shall
be located and have capacity for sufficient numbers of vehicles to
ensure that traffic conflicts and hazards are avoided within the site
and along the streets and highways adjoining the use. The stacking
capacity shall be sufficient to serve the number of vehicles that
can reasonably be expected to be served and waiting for service at
the same time during the most busy fifteen-minute period in any average
week.
Z.
Forestry, Commercial. (Excluding "plant nursery.")
(1)
See definition in Part 2.
(2)
A forestry management plan shall be prepared and followed for
any commercial forestry involving more than two acres. This plan shall
be prepared by a professional forester.
(3)
The forestry management plan shall be consistent with the timber-harvesting
guidelines of the Pennsylvania Forestry Association.
(4)
Clear-cutting shall be prohibited except on tracts of less than
two acres. This provision shall not apply to state game lands where
clear-cutting is done to benefit the natural habitat.
(5)
On tracts larger than two acres, at least 25% of the forest
cover (canopy) shall be kept and the residual trees shall be well
distributed. At least 25% of these residual trees shall be composed
of higher value species, as determined by a professional forester.
(6)
An erosion and sedimentation control plan shall be submitted
to the County Conservation District for any review and recommendation.
(7)
The forestry management plan shall include an appropriate method
to ensure reforestation, except for areas approved for a permitted
use.
(8)
Commercial forestry is prohibited on areas with slopes greater
than 25% or within the one-hundred-year floodway.
BB.
Garden Apartments. See "townhouses and garden apartments."
CC.
Golf Course.
(1)
The course shall be designed so that golf balls are unlikely
to routinely enter public streets or property that is not part of
the golf course.
(2)
A clubhouse, retail sales of golf supplies and/or restaurant
may be permitted as an accessory use if located a minimum of 250 feet
from any residential lot line.
(3)
Minimum lot area: 35 acres in a residential district.
(4)
Any outdoor lighting shall be located and designed in such a
way that it does not generate more light onto residential properties
than what is customary in a residential neighborhood.
(5)
Maximum building coverage: 5%.
(6)
Maximum impervious coverage: 10%
(7)
Fairways and greens shall be set back a minimum of 40 feet from
the lot line of any existing dwelling.
(8)
Any building shall be set back a minimum of 100 feet from the
lot line of an abutting dwelling.
(10)
A golf course may include a driving range, if the area occupied
by the uses is set back a minimum of 250 feet from any residential
lot line.
DD.
Group Home.
(1)
See definition in Part 2.
(2)
Supervision. There shall be adequate supervision as needed by
an adequate number of person(s) trained in the field for which the
group home is intended.
(3)
Certification. Any group home involving five or more unrelated
persons living in a dwelling unit or that is otherwise required to
be licensed or certified under an applicable state, county or federal
program shall be certified or licensed, as applicable, as a condition
of Township approval. A copy of any such license or certification
shall be filed with the Township, and shall be required to be shown
to the Zoning Officer in the future upon request. The group home shall
notify the Township in writing within 14 days if there is a change
in the type of clients, the sponsoring agency, the maximum number
of residents or if an applicable certification/license expires, is
suspended or is withdrawn.
(4)
Registration. The group home shall register its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Township. Such information shall be available for
public review upon request.
(5)
Counseling. Any medical or counselling services provided on
the lot shall be limited to residents and a maximum of three nonresidents
per day.
(6)
Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of § 27-803.
(7)
The use shall not meet the definition in Part 2 of a "treatment
center." A group home shall not house persons who can reasonably be
considered to be a physical threat to others.
(8)
Appearance. If the group home is within a residential district,
the building shall be maintained and/or constructed to ensure that
it is closely similar in appearance, condition and character to the
other residential structures in the area. No exterior signs shall
identify the type of use.
(9)
The following maximum number of persons shall reside in a group
home, not including bona fide employees who are needed in the group
home to supervise and care for residents:
(a)
Single-family detached dwelling with minimum lot area of 15,000
square feet and minimum building setbacks from all lot lines of 15
feet: five persons.
(b)
Single-family detached dwelling with minimum lot area of 30,000
square feet and minimum building setbacks from all lot lines of 25
feet: eight persons.
(c)
In a GI District, where permitted: 20 persons, provided there
is a minimum of 125 square feet of habitable interior floor area per
person.
(d)
Any other lawful dwelling unit: four persons.
(10)
Septic. If a group home will use an on-lot septic system and
will involve six or more persons routinely on the premises at any
one time, the septic system shall be required to be reviewed by the
Township Sewage Enforcement Officer to determine if it is adequate.
(11)
Employees of the group home shall be prohibited from having
visitors on the premises, unless such visitation is necessary for
the operation of the group home and except for emergencies.
(12)
The use shall provide illuminated "exit" signs, emergency battery-powered
lighting and a minimum of two ABC-rated fire extinguishers.
EE.
Heliport. See "airport" or "heliport" in this Section.
FF.
Hospital.
(1)
A hospital (other than a hospice) use shall be served by at
least two accessways or driveways with a minimum width of 20 feet.
One of these accesses shall be from an arterial or collector street.
(2)
Minimum lot area: 20 acres for a hospital, except two acres
for a use limited to hospice.
(3)
See definition in Part 2.
(4)
A hospital may include a heliport for emergency medical transportation.
(5)
A maximum total of 75,000 square feet of medical and dental
office space shall be permitted on the lot of a hospital, in addition
to administrative offices of the hospital itself.
GG.
HH.
Inpatient Alcohol Treatment Center.
(1)
The use shall provide temporary treatment, which shall not routinely
exceed six months, and shall not be a long-term residential use.
(2)
Shall be restricted to treatment of persons who clearly primarily
need the treatment for addiction to alcohol and not criminal activity.
(3)
Shall have a minimum lot area of three acres.
(4)
Shall be set back a minimum of 200 feet from any residential
lot line.
(5)
All buildings shall include a maximum height of two stories
and have a residential appearance, including a pitched roof.
II.
Institutional Group Home. All of the requirements for a "group home"
shall apply, except the maximum number of residents shall be 30 and
there shall be a one-hundred-fifty-foot minimum building setback from
all residential lot lines.
JJ.
Junkyard. (Includes "automobile salvage yard.")
(1)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on site and routinely awaiting
pickup.
(2)
Outdoor storage of junk shall be at least 100 feet from any
residential lot line and 50 feet from any other lot line and the existing
right-of-way of any public street.
(3)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
off-street parking areas shall be provided for customers.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 27-803, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(5)
Burning or incineration of vehicles or junk is prohibited.
(6)
See the noise or dust regulations of Part 5.
(7)
All gasoline and oil shall be drained from all vehicles and
properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious, properly
drained surface.
(8)
Lot area: three acres minimum; 20 acres maximum.
KK.
Kennel.
(1)
All buildings in which animals are housed and all runs shall
be located at least 200 feet from all residential lot lines.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
dwelling.
(3)
No animal shall be permitted to use outdoor runs from 8:00 p.m.
to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height, to minimize dog barking.
(4)
See state law regulating kennels.
(5)
A kennel may be used for breeding.
(6)
Minimum lot area: two acres.
LL.
Limited Business Conversion.
(1)
Shall only apply to single-family detached houses that existed
prior to January 1, 1992, and that abut a major arterial street.
(2)
The use shall have a maximum of 10 employees on the premises
at any point in time. No more than two medical doctors or chiropractic
doctors shall work on the premises at any point in time.
(3)
The use may include one principal commercial use, limited to
the following types: child day-care center (within the regulations
of such use), adult day-care center (within the regulations of such
use), office or personal service use.
(4)
A limited business conversion is allowed in all districts.
(5)
The use shall not involve a structural expansion of the building
except for such alterations needed for safety.
(6)
The use shall prove it will have adequate sight distance based
upon PennDOT standards.
(7)
The use shall only have a single exterior commercial sign, which
may have a maximum sign area of 15 square feet on each of two sides.
MM.
Livestock, Raising of, or Animal Husbandry.
(1)
Minimum lot area: seven acres.
(2)
Any newly developed indoor area used for the keeping of animals
or indoor or outdoor manure storage areas or feeding areas that are
part of a raising-of-livestock use shall be located a minimum of 300
feet from the following: lot lines of existing dwellings (except the
dwelling of the operator of the livestock use), undeveloped residentially
zoned lots, existing restaurants and existing office uses, and a minimum
of 150 feet from all other exterior lot lines.
(3)
Any additions to an existing indoor area used for the raising
of livestock or indoor or outdoor manure storage areas or feeding
areas that are part of raising-of-livestock use shall be located a
minimum of 200 feet from the lot lines of existing dwellings (except
the dwelling of the operator of the livestock use) and undeveloped
residentially zoned lots.
(4)
Any area used for the keeping of animals as part of a raising-of-livestock
use that is not regulated by Subsection MM(2) and (3) above shall
be separated by a fence or wall and set back 50 feet from any lot
line of an existing dwelling or an undeveloped residentially zoned
lot.
(5)
The keeping of minks or garbage-fed pigs shall be set back a
minimum of 300 feet from all lot lines.
NN.
Mineral Extraction.
(1)
The activities and residual effects shall not create conditions
that are significantly hazardous to the health and safety of neighboring
residents.
(2)
After areas are used for mineral extraction, they shall be reclaimed
in phases to a nonhazardous and environmentally sound state permitting
some economically productive future use.
(3)
A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earthen berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence and shall meet the size and type requirements of § 27-603.
(4)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner of the mineral extraction use:
(a)
One hundred feet from the existing right-of-way of public streets
and from all exterior lot lines of the property.
(b)
One hundred fifty feet from a commercial or industrial building,
unless released by the owner thereof.
(c)
Two hundred fifty feet from a residential lot line, other than
an abandoned dwelling.
(d)
One hundred fifty feet from the lot line of a publicly owned
recreation area that existed at time of the application for the use
or expansion.
(5)
The excavated area of a mineral extraction use shall be set
back 150 feet from the average water line of a perennial stream or
the edge of a natural wetland of more than two acres.
(6)
Fencing. The Board may require secure fencing in locations where
needed to protect public safety.
(7)
Noise and Performance Standards. See Part 5.
(8)
County Conservation District. A soil erosion and sedimentation
plan shall be prepared by the applicant and found to be acceptable
to the County Conservation District.
(9)
Hours of Operation. The Board may reasonably limit the hours
of operation of the use and of related trucking and blasting operations
to protect the character of adjacent residential areas.
(10)
Additional Reviews. The applicant shall submit, at least 14
days prior to the initial Zoning Hearing Board hearing, a complete
copy of all application materials and a site plan to the Board of
Supervisors and to the Planning Commission for advisory review. The
application shall be sent to the Township Engineer or an alternate
engineer appointed by the Board of Supervisors for a review, with
the reasonable costs of such review paid by the applicant.
(11)
The applicant shall also submit a copy to the Zoning Officer
of all materials submitted by the applicant to state agencies regarding
an application for this project. The use shall comply with all applicable
state regulations as a condition of Township approvals under this
Chapter, and such Township approval may be revoked for violation of
this condition.
(12)
Preemption. It is not the intent of this Section to unlawfully
preempt any federal or state law or regulation. Unless a preemption
of this Chapter would exist, the most strict and least permissive
requirements shall be in effect where a conflict might exist.
(13)
Application Requirements. Each application for a mineral extraction
use involving an excavation of more than one acre shall include the
following:
(a)
Present uses of the site.
(b)
A scaled map, prepared by a professional engineer, showing the
locations of:
1)
The proposed area to be excavated (and maximum depth).
2)
Other land to be affected, including, but not limited to, storage
sites for overburden, access and haulage streets, storage sites for
equipment, and offices and other accessory structures.
3)
Lot lines of adjacent lots, and owners and existing uses of
these lots.
4)
Watercourses, bodies of water, street rights-of-way, buildings
and publicly owned recreation areas within 250 feet of the boundaries
of land to be affected by the mineral extraction operation.
5)
Any wetlands and forested areas to be removed or protected and
preserved as part of the use.
(c)
A detailed land reclamation plan of the area to be excavated,
showing:
1)
Proposed reclaimed use and topography of the land following
the mineral extraction.
2)
Actions to be taken during mining to conserve and replace topsoil
removed during mining operations.
3)
Reasonable assurances that the applicant will be capable of
reclaiming the land in accordance with the plan within a reasonable
time after completion of the mineral extraction operations to be covered
by the requested permit.
(14)
Maximum Acreage Actively Used for Mineral Extraction.
(a)
To ensure that large areas of land will be reclaimed in compliance
with state and Township regulations, the Board may establish a maximum
number of acres which may be affected by mineral extraction at any
one time on any lot or any series of lots owned by one applicant or
closely related applicants.
(b)
Land "affected by mineral extraction" shall mean all total land
area at any point in time that is currently under active mineral extraction,
that is not adequately reclaimed or backfilled following prior extraction
operations, and/or that contains waste or spoil piles from existing
or prior mining activities.
OO.
Mobile/Manufactured Home, on an individual lot or within a mobile/manufactured
home park.
(1)
Construction. Any mobile/manufactured home placed on any lot
after the adoption of this Chapter shall be constructed in accordance
with the safety and construction standards of the U.S. Department
of Housing and Urban Development. These federal standards supersede
the BOCA Code for the actual construction of the home itself. Each
home shall be equipped with a minimum of one smoke detector and a
ULI-approved portable fire extinguisher labeled as suitable for A,
B and C fires.
(2)
Each site shall be graded to provide a stable and well-drained
area.
(3)
Each home shall have hitch mechanism removed. It is recommended,
but not required, that the wheels and axles be removed and stored
under the home.
(4)
Installation. A system of securing the home to the ground shall
be installed that will prevent shifting, overturning or uneven settling
of the home and to provide a secure base for installation of tie-downs.
This shall involve the following method, unless the applicant proves
to the satisfaction of the Zoning Officer that another method will
be used that is recommended by the manufacturer of the home or by
the manufactured housing industry.
(a)
The foundation system shall consist of concrete piers or concrete
footings perpendicular to the main longitudinal frame, or equivalent,
and shall be installed from ground level to below the frostline 36
inches minimum). The piers or footings shall be a minimum of four
inches greater in width than the concrete blocks used to support the
home. Concrete blocks shall have a minimum width of eight inches.
This foundation system shall be placed on approximately eight-foot
centers (unless another distance is specifically recommended in writing
by the manufacturer) along each of the two main longitudinal frames
for each section of the home, with no more than three-foot overhang
at each end of the section.
1)
The Township Building Official may review and approve other
foundation options, such as concrete trench piers placed perpendicular
to the main longitudinal frame, concrete slabs under the entire home
footprint or equivalent foundation systems.
2)
Any optional foundation system shall be approved as part of
the subdivision and land development plan.
(b)
One-half-inch diameter by twelve-inch-long eyebolts, or approved
equivalent U-shaped bars that shall be cast in place at each corner
and at two midpoints in the concrete piers, concrete footing, slab
or equivalent foundation. Concrete blocks shall be used to support
the home on the foundation system and metal or masonry shims may be
used for final leveling. The concrete support blocks shall not be
wider than the support foundation.
(c)
Each mobile/manufactured home shall be securely anchored or
tied down with cable and turnbuckles or equivalent, connecting the
frame to the cast-in-place eyebolts on at least four corners and two
midpoints. The tie-down shall also be in accordance with the manufacturers'
recommendations furnished with each home.
(d)
Mobile homes shall not be placed more than four feet above the
supporting ground area.
(e)
As part of the construction standards for each mobile home,
the U.S. Housing and Urban Development Department requires that each
unit be built to meet certain windstorm protection requirements. As
of 1993, these regulations in § 3280.307 of Title 24 of
the U.S. Code included the following statement: "Anchoring equipment
shall be capable of resisting an allowable working load equal to or
exceeding 3,150 pounds and shall be capable of withstanding a 50%
overload (4,725 pounds total) without failure of either the anchoring
equipment or the attachment point on the manufactured home."
(5)
Skirting. The space between the bottom of the home and the ground
and/or home pad shall be enclosed, using either:
(a)
Industry-approved skirting material compatible with the home.
(b)
If a concrete foundation is used, masonry walls underneath the
home with soil backfill to result in the surrounding ground level
being no more than three steps in height below the first-floor elevation.
If this alternative is used, an access area with lower grade through
the masonry area shall be installed, with 24 inches minimum height
that allows convenient access by humans for service.
(6)
Homes shall have a pitched instead of a flat roof.
(7)
Homes on individual lots, outside of a mobile/manufactured home
park, shall be located with the longest side facing any boundary public
street.
(8)
Permit. Each mobile home shall require a Township building permit
prior to placement on a site, within the inspection procedures established
by the Township.
PP.
Mobile/Manufactured Home Park.
(1)
Plans and Permits.
(a)
Plans shall be submitted and reviewed by the Township for all mobile/manufactured home parks in compliance with all of the provisions of the Subdivision and Land Development Ordinance (Chapter 22) that apply to a land development, including the submission, approval and improvements provisions, other than specific provisions altered by this Section.
(b)
Land development plans for a mobile home park shall divide the
tract into a space for each home. Such spaces are not required to
be individually surveyed and shall not require individual metes and
bounds descriptions or monuments for a mobile home park. Such plans
shall show proposed building locations and orientations to allow Township
review of the site layout.
(c)
Permit. The mobile home park shall require a Township building
permit prior to construction, within the inspection procedures established
by the Township for any public improvements. All public improvements
and required semipublic improvements shall be subject to inspection
by the Township to ensure compliance with approved plans.
(2)
Minimum tract size of 14 contiguous acres, which shall be under
single ownership.
(3)
Density. The maximum average overall density shall be four dwelling
units per acre.
(a)
To calculate this density: land in common open space or proposed
streets within the park may be included, but land within the one-hundred-year
floodway or that has natural slopes of 15% or greater shall not be
included.
(b)
Phases. If an existing mobile home park is to be expanded into
an area not previously part of that mobile home park, the maximum
density and minimum common open space for the new area shall be considered
separately from the previously approved areas of the mobile home park.
All expansions to an existing park shall also meet all other provisions
of this and other applicable ordinances.
(4)
Buffer Yard. Shall have a twenty-five-foot buffer yard with screen plantings meeting the requirements of § 27-803 around the perimeter of the site. Such buffer yard and screen plantings shall not be required between adjacent mobile home park developments. This buffer yard shall be 50 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the buffer yard and the setback requirements.
(5)
Minimum separation between dwellings, including any attached
accessory building, shall be 25 feet.
(6)
Minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
(7)
Minimum principal and accessory building setbacks from exterior/boundary
lot lines shall be:
(a)
One hundred feet if an adjacent lot includes an existing single-family
detached dwelling, except that such setback line shall not apply between
manufactured homes within two abutting mobile home parks.
(b)
Fifty feet from any other exterior lot line, other than an abutting
mobile home park.
(c)
Fifty feet from the future right-of-way of any public street.
(9)
Accessory Structures.
(a)
Detached accessory structures may be attached to each other
or immediately adjacent to each other.
(b)
A detached accessory structure shall be set back a minimum of
25 feet from any dwelling unit which the accessory structure is not
accessory to. For safety reasons, a detached accessory shed or garage
shall be set back a minimum of 10 feet from the dwelling unit it is
attached to.
(c)
A detached accessory structure shall not be located in a front
yard between a dwelling unit and a street or parking court.
(10)
Common Open Space for a Mobile Home Park.
(a)
A minimum of 25% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. Because mobile home parks are required to provide their own common open space, a mobile home park shall not be subject to additional common open space or recreation fee requirements under the Township Subdivision and Land Development Ordinance (Chapter 22), as amended.
(b)
Areas within the required buffer yards, boundary setback areas
and within the one-hundred-year floodplain may count towards the minimum
common open space, except for areas that specifically are not permitted
to be counted by Subsection PP(10)(c) below.
(c)
The following areas shall not be permitted to be counted towards
the minimum required common open space:
1)
That would not be accessible to pedestrians.
2)
That would be within a stormwater basin, unless the applicant
proves to the satisfaction of the Zoning Officer that such area could
be routinely and safely usable for recreation and as accessible open
space.
3)
That would be within 15 feet of any principal building, other
than a recreation building.
4)
That would have a minimum width of less than 20 feet.
(d)
A minimum of 25% of the required common open space shall include
contiguous tracts of greater than 1/2 acre.
(e)
Common Open Space. See Subsection PP(3)(b) and (10)(b), regarding
phases of development.
(f)
A minimum of 30% of the required common open space shall be
developed for recreation. Such areas may include children's play equipment
(if the development is not restricted to senior citizens), paths,
benches and picnic areas. Other facilities may include, but not be
limited to, multipurpose, basketball, shuffleboard or other courts
— based upon a review by the Township Recreation Commission.
(11)
Additional Uses in a Mobile Home Park.
(a)
A mobile/manufactured home park may include a recreation center
for residents, a rental/management office, maintenance buildings for
the park, swimming pool and the sale of mobile/manufactured homes
that will be placed on the tract.
(b)
A mobile home park shall not include the sale of homes for placement
off the tract — except for routine resale of existing homes.
(12)
Parking in a Mobile Home Park.
(a)
An average minimum of three off-street parking spaces shall
be provided per dwelling unit. No more than six off-street parking
spaces shall be installed along any road without a twenty-foot-wide
minimum lawn/planting island.
(b)
A minimum of two such spaces shall be provided adjacent to the
dwelling they serve.
(c)
The remaining required spaces (the third space per dwelling)
shall be located within 200 feet of the dwellings they serve —
primarily for guest parking. This guest parking requirement may be
provided on streets if the required minimum cartway widths are widened
by eight feet to accommodate safe and sufficient on-street parking.
(d)
The required parking spaces shall not be used for the parking
of recreational vehicles and boats of residents, except for loading
and preparation of immediate use. This type of parking space, if provided,
shall be located in one central and screened area.
(13)
Streets.
(a)
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets, and shall not be
from public streets exterior to the development.
(b)
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets shall have a minimum paved cartway
of 20 feet.
(c)
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Township cartway construction
standards. Curbs may be required by the Township at selected locations
if needed for storm drainage control.
(14)
Walks.
(a)
Individual Walks. A minimum of thirty-inch-wide hard-surfaced
walks shall be provided between the home and the required two parking
spaces for each individual dwelling.
(b)
Common Walks. A minimum of three-foot-wide hard-surfaced walks
or pathways shall be provided to connect major activity centers within
the park and to provide access to boundaries of the park with major
adjacent pedestrian destinations. This may be a sidewalk on one side
of major streets or an internal walk/pathway system acceptable to
the Township.
(15)
Stormwater Management. All mobile home park developments or
expansions shall be in accordance with Township regulations for stormwater
facilities and management.
(16)
Solid Waste Disposal. All solid waste disposal, including individual home containers, shall be in accordance with any applicable Township standards. In addition see § 27-512 for dumpsters.
(17)
All mobile home spaces shall have underground electric and telephone
service and, if provided, cable television service shall be underground.
(a)
All underground electrical service shall be installed and grounded
in accordance with all applicable PP&L standards, the National
Electric Code and Township regulations. Minimum service at individual
or group meter panel risers shall be 120/240 volts AC, 100 amperes
per home.
(18)
Water Supply and Distribution.
(a)
Where public water service is readily available it shall be
used. If the water distribution system within the park is to remain
private and is to be connected to public water service, a master water
meter shall be installed where the connection is made to the public
water supply.
(b)
Where a nonpublic water supply system is proposed, it shall
be capable of supplying 150 gallons per day per home and providing
fire protection in accordance with PADEP requirements and all applicable
Township requirements.
(c)
If a public water distribution system is proposed, it shall
be in accordance with the Lehigh County Authority specifications for
water system construction.
(d)
If a nonpublic water distribution system is proposed, it shall
be in accordance with any applicable PADEP and Township requirements
and the following provisions:
1)
The system shall be designed and maintained to provide a pressure
of 20 pounds per square inch under normal operating conditions and
during fire flows of 1,500 gallon per minute for one hour. Water mains
may be constructed of PVC, Schedule SDR 21 piping with 200 pounds
per square inch rating.
2)
All water mains shall be installed and bedded below frost levels
in accordance with applicable Township requirements.
3)
Individual water riser pipes shall be located immediately within
the mobile home pad or adjacent to the pad, shall have a minimum three-fourths-inch
pipe size, terminating at least two inches above the ground, capped
when the lot is vacant and have adequate provisions for protection
from freezing.
(e)
Fire hydrants shall be in accordance with applicable Township
requirements and be spaced so that all homes and other structures
are within 300 feet of a hydrant.
(f)
For each dwelling unit, a water supply shutoff valve shall be
located outside the skirting adjacent to the dwelling and below the
frostline.
(19)
Sanitary Sewage Service.
(a)
Where public sanitary sewage service is reasonably available,
it shall be used. If the collection system within the park is to remain
private, then a sewage flow meter shall be installed prior to its
connection to the public system.
(b)
Where private sewage service is proposed, it shall be in accordance
with PADEP requirements and all applicable Township requirements.
(c)
If public sewage service is proposed it shall be in accordance
with the Upper Macungie Township Authority's condensed standard specifications
for the construction of sanitary sewers.
(d)
If a private central sewage system is proposed it may be constructed
of PVC Schedule 35 piping and shall be installed and bedded in accordance
with any applicable PADEP and Township requirements and the following
provisions:
1)
Each home shall be provided with a four-inch inside diameter
sewer riser pipe located within the mobile home pad, extending a minimum
of four inches above surrounding grade, the home shall be connected
to the riser pipe with a semirigid furnco-type coupling and PVC piping,
with provisions for capping the riser pipe when the lot is vacant.
Surface water shall be diverted away from the riser pipe. All cleanouts
and in-ground house traps shall be located outside the skirting.
(e)
No building shall be constructed over any portion of an existing
septic system.
(20)
Fuel Supply and Storage.
(a)
All natural gas systems shall be installed in accordance with
the American Gas Association and the National Fire Protection Association
NFPA 501A, as most recently amended.
(b)
All propane gas or oil systems shall be installed in accordance
with the National Fire Protection Association NFPA 501A, as most recently
amended. No tank shall be installed under any home or additions thereto.
(c)
All gas or oil lines, if underground, shall have a minimum of
18 inches of cover.
(21)
Park Management and Operation.
(a)
The owner of the park to whom the license is issued shall operate
the park in compliance with this and other applicable Township ordinances
and shall provide adequate supervision and maintenance to ensure that
the facilities and equipment are kept in good repair and safe operating
condition.
(b)
The management of the park shall supervise the installation
of all mobile homes, foundation systems and utility connections.
(c)
The management of the park shall report all arrivals of adult
residents to the Township Tax Collector within 30 days and notify
the Township Tax Collector prior to any proposed adult resident departures.
(d)
The management of park shall provide reasonable access to the
Township or its representatives for periodic inspections of the park
and its common facilities.
QQ.
Nursing Home.
(1)
Licensing. See definition in Part 2.
(2)
A minimum of 20% of the lot shall be suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks.
(3)
The density shall not exceed more than one resident or bed per
250 square feet of total lot area.
(4)
Setback. Principal and accessory buildings shall be set back
a minimum of 50 feet from a residential lot line.
RR.
Personal Care Home. The standards for nursing homes in this Section
shall apply.
SS.
Pharmaceutical
Manufacturing.
[Added by Ord. No. 2021-08, 6/3/2021[2]]
(1)
Screening. Screening shall be in accordance with § 27-202 in addition to the following:
(a)
All front yards, side yards, and rear yards shall be landscaped
for the depth of 50 feet for the entire length thereof in accordance
with a landscaping plan showing the location, species, and size of
trees and shrubs, and other proposed landscaping, which plan shall
include proposals for screening adjacent residential districts or
residential uses.
(3)
Architectural and Design Standards.
(a)
Unpainted concrete block, except when textured or tinted, is
prohibited on building exteriors.
(b)
Trash receptacles and other outdoor furniture shall be designed
as an integral part of the site's design and shall be consistent and
incorporated into the site's overall architectural character.
(c)
All mechanical equipment shall be visually screened from all
public rights-of-way. The screening shall be architecturally appropriate
and designed as an integral part of the site's design.
(d)
Pedestrian and trail improvements shall be considered by the
applicant, including offering bike trail right-of-way dedication,
constructing frontage sidewalks and sidewalk connections to buildings
and providing areas for bus stops, where needed, if requested by the
Lehigh and Northampton Transportation Authority (LANTA), and/or the
Board of Supervisors.
(4)
Hazardous Uses. No building shall be erected, altered or maintained,
and no lot shall be used, for any purpose, trade or business, that
is noxious, offensive or potentially injurious to health by reason
of odor, noise, dust, smoke, heat, gas, radiation or vibration.
(5)
Any pharmaceutical manufacturing shall conform to any federal,
state and regional laws and standards in addition to provisions set
forth in the Upper Macungie Township Codified Ordinances.
UU.
Place of Worship.
(1)
Minimum lot area: 1.5 acres.
(2)
Weekly religious education rooms and meeting rooms are permitted
accessory uses, provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship. A primary or secondary school and/or a child or
adult day-care center are permitted on the same lot as a place of
worship as long as requirements for such uses are also met. Noncommercial
buses used primarily to transport persons to and from religious services
or a permitted school on the lot may be parked on the lot.
(3)
One dwelling unit may be accessory to a place of worship on
the same lot.
(4)
The use of any building for worship by a maximum of six persons
who are not related at any point in time is not regulated under this
Chapter, and is permitted by right in all districts.
VV.
Plant Nursery.
(1)
Evergreen screening and buffer yards are not required around
the outdoor storage of trees or shrubs.
(2)
The only retail sales that shall be permitted shall be of trees
and plants that were primarily grown upon the lot and clearly customary
and accessory sales of closely related items (such as mulch, topsoil
and tools) unless retail sales or a retail store are specifically
permitted in the district.
(3)
Minimum lot area: 1 1/2 acres if there is any retail sales.
WW.
Racetrack.
(1)
See the performance standards of Part 5, especially regarding
noise.
(2)
Any area used for the testing, warm-up or racing of vehicle
engines shall be set back a minimum of 300 feet from any residential
lot line.
(3)
Minimum lot area: 20 acres.
(4)
A buffer yard meeting § 27-803 shall be provided around the perimeter of the lot. The Board of Supervisors may allow clustering of plants and variations in the types of plants.
(5)
All tracks and driving courses shall be paved in asphalt, concrete
or closely similar dust-free surface.
XX.
Recycling Collection Center.
(1)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(2)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(3)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(4)
A twenty-foot buffer yard with screening as described in § 27-803 shall be provided between this use and any abutting residential lot line.
(5)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Township-owned
use, subject to the limitations of this Section.
(6)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(7)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or landfilling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as baling
of cardboard.
(8)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(9)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
YY.
Residential Conversions. (Not including development of one accessory
apartment within a single-family detached dwelling).
(1)
Applicable state firesafety requirements shall be met.
(2)
Sewer Service. Any on-lot septic system shall be recertified
if the sewage flows will expand.
(3)
The following regulations shall apply to the conversion of an
existing single-family detached dwelling into a greater number of
dwelling units;
(a)
The building shall maintain the appearance of a single-family
detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may internally share the single front entrance.
(b)
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building or
would require the placement of more than three off-street parking
spaces in the required front yard.
(4)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of a historic
building.
(5)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(6)
Off-street parking lots with four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 27-803.
(8)
See, if applicable, requirements for "accessory apartment within an existing single-family detached dwelling" within § 27-403.
(9)
A site plan shall be submitted to the Zoning Officer.
(10)
Each dwelling unit shall include a minimum of 600 square feet
of habitable heated indoor floor area.
(11)
The lot shall include a minimum of 4,000 square feet per dwelling
unit.
ZZ.
Restaurant.
(3)
Traffic circulation onto, within and off of the lot shall be
clearly marked. A drive-through use shall be designed with space for
an adequate number of waiting vehicles while avoiding conflicts with
traffic onto, around and off of the site. The stacking capacity shall
be sufficient to serve the number of vehicles that can reasonably
be expected to be served and waiting for service at the same time
during the most busy fifteen-minute period in any average week.
(4)
A proposed restaurant building that is not attached to a shopping
center and which includes drive-through service shall be set back
a minimum of 300 feet from any other restaurant building that: exists
or has been approved, is not attached to a shopping center and includes
drive-through service. This three-hundred-foot setback shall not apply
if the Board of Supervisors determines that the restaurant would be
served by a fully coordinated and safe traffic access system that
minimizes driveways involving left-hand turns onto arterial streets,
except at a signalized intersection. (Notwithstanding the above setback
requirements, a drive-through restaurant may not be located on a lot
or tract of land unless it has direct driveway access to a major arterial
roadway.)
AAA.
School, Public or Private, Primary or Secondary.
(1)
Minimum lot area: three acres if less than 300 students, five
acres if 300 students or over.
(2)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 25 feet of a residential lot
line.
(3)
The use shall not include a dormitory unless specifically permitted
in the district.
(4)
The use shall be served by public water and public sewage service.
BBB.
Self-Storage Development.
(1)
All storage units shall be fire-resistant and water-resistant.
(2)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(3)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(4)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(5)
Major bodywork on vehicles shall not be permitted. The use shall
not include a commercial auto repair garage unless that use is permitted
in the district and the use meets those requirements.
(6)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(7)
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 27-803.
(8)
Maximum building length: 250 feet.
(9)
Minimum separation between buildings: 20 feet.
CCC.
Sewage Sludge, Land Application of.
(1)
Shall have a minimum lot area of five contiguous acres.
(2)
Setback. No septage or sludge shall be applied within 250 feet
of an existing dwelling other than that of the applicant or within
250 feet of a well or within 250 feet of an existing office or restaurant
use or within 300 feet of a perennial creek or river.
(3)
Setback from future construction. A condition of any special
exception approval shall be that a two-hundred-fifty-foot setback
shall apply from any dwelling, well, office or commercial use that
is constructed in the future. In these areas, the application of sludge
or septage shall not become a nonconforming use.
(4)
Shall comply with the Township ordinance regulating land application
of sewage sludge.
DDD.
Shopping Center.
(1)
The parking requirements of this use shall only be met by parking
spaces located in the same district in which the shopping center is
permitted.
(2)
If two or more shopping centers are located or to be located
on two abutting or adjacent lots, a maximum total of 450,000 square
feet of total leasable retail sales floor space shall be permitted
within the Township, based upon the amounts in those two shopping
centers added together.
FFF.
Solid Waste Facility. (Including a sanitary landfill, solid-waste-to-energy
facility or solid waste transfer facility.) See definition in Part
2.
(1)
All solid waste storage, disposal and incineration shall be
at least 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry) or wetland of more than
two acres in area.
(2)
All areas to be used for the storage, disposal or incineration
of solid waste shall be a minimum of 500 feet from any residential
district or publicly owned park or any existing dwelling that the
applicant does not have an agreement to purchase or the banks of any
perennial creek or river.
(3)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles.
(4)
Any burning or incineration shall be carried out in a completely
enclosed incinerator approved by the DEP Any material to be incinerated
that is to be stored for more than three hours shall be stored in
an enclosed structure.
(5)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Township. Violations
of this condition shall also be considered to be violations of this
Chapter.
(6)
Open dumps and open burning of refuse are prohibited.
(7)
The applicant shall prove to the satisfaction of the Board of
Supervisors that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash hauling trucks through or alongside existing residential or
residentially zoned areas.
(8)
In cooperation with PADEP requirements, an appropriate double
liner and a system to collect and treat leachate and methane is very
strongly encouraged for any sanitary landfill.
(9)
The applicant shall prove to the satisfaction of the Board of
Supervisors that the use would not routinely create noxious odors
off of the tract.
(10)
A chain-link or other approved fence with a minimum height of
eight feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children, unless the applicant
proves to the satisfaction of the Board of Supervisors that this is
unnecessary. The Board shall require earth berms, evergreen screening
and/or shade trees, as needed, be used to prevent landfill operations
from being visible from an expressway or arterial streets or dwellings.
(11)
A minimum total lot area of 20 acres (which may include land
in an adjoining municipality) is required for any solid waste facility
other than a solid-waste-to-energy facility or a solid waste transfer
facility. For a solid-waste-to-energy facility or solid waste transfer
facility, a minimum lot area of five acres shall be required for the
first 250 tons per day of capacity to treat or dispose of waste, plus
one acre for each additional 100 tons per day of capacity. A solid
waste facility shall have a maximum total capacity of 750 tons per
day.
(12)
Health hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(13)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(14)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(15)
Emergency access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(16)
Under authority granted to the Township under Act 101 of 1988,
the hours of operation shall be limited to between 7:00 a.m. and 9:00
p.m.
(18)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks.
(19)
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
Infectious materials are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(20)
Staging. No total area(s) larger than 50 acres shall be used
as a disposal area for a sanitary landfill in any calendar year.
(21)
The applicant shall provide sufficient information for the Township
to determine that the requirements of this Chapter will be met.
(22)
State requirements. Nothing in this Chapter is intended to supersede
any state requirements. It is the intent of this Chapter that when
similar issues are regulated on both the Township and state levels,
that the stricter requirement shall apply for each aspect, unless
it is determined that an individual state regulation preempts Township
regulation in a particular aspect. The applicant shall provide the
Zoning Officer with a copy of all written materials and plans that
are submitted to PADEP at the same time as they are submitted to DEP.
(23)
The operator shall enter into an agreement with the Township
specifying the types and frequencies of environmental monitoring that
will be put into place while a solid-waste-to-energy or sanitary landfill
is underway and for a minimum of three years after any landfill is
closed.
(24)
A leachate treatment system may be an accessory use to a landfill,
and a recycling collection center and/or bulk recycling center are
permitted in combination with any permitted solid waste disposal facility.
(25)
For any transfer facility or waste-to-energy facility, all loading
and unloading of solid waste shall only occur within an enclosed building,
and over an impervious surface and drain to a holding tank that is
then adequately treated.
(26)
At least a portion of the solid waste disposal facility shall
be within 1.5 miles by street of a ramp of an expressway.
(27)
The applicant shall provide a professional analysis of the expected
impacts of the facility on air quality, groundwater quality and surface
water quality, and expected health hazards to humans.
HHH.
Swimming Pool, Nonhousehold.
(1)
The water surface shall be set back at least 50 feet from any
existing dwelling.
(2)
Minimum lot area: two acres.
(3)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 27-803.
(4)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(5)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any: a) on-lot
septic system; or b) portion of a building or property not owned by
the owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system. The Township
Engineer shall certify that the proposed drainage of the pool is adequate
and will not interfere with the public water or public sewer system
or with public streets.
(6)
Water service. Any inlet from a central water system shall be
above the overflow level of the pool.
(7)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
III.
Target Range.
(1)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness to adequately protect
the public safety. This barrier shall be made of earth for an outdoor
firearms range.
(2)
An outdoor firearms target range shall comply with National
Rifle Association standards and other applicable federal, state and
local regulations.
(3)
An outdoor firearms target range shall be located a minimum
of 250 feet from the lot line of any existing residential use or undeveloped
residentially zoned land, unless within a completely enclosed sound-resistant
building.
(4)
An outdoor firearms target range shall be fenced and be properly
posted.
(5)
The applicant shall show that the noise limits of Part 5 will
be met.
(6)
An indoor firearms target range shall be adequately ventilated
to allow the building to remain completely enclosed.
JJJ.
Theater, Outdoor.
(1)
Shall be on a lot abutting an arterial street or collector street
(as defined on the Official Street Classification Map).
(2)
Shall have a lot area of at least eight acres.
(3)
The face of the movie screen shall not be visible from a public
arterial or collector street.
(4)
The movie screen and any building shall be located at least
100 feet from any dwelling.
(5)
A playground and snack shop are permitted as accessory uses.
(6)
Pornographic, obscene, sexually explicit films or other films
that do not permit entrance to persons under age 18 shall not be shown.
(7)
An outdoor theater for musical shows and similar events is permitted
without additional regulation within a publicly owned recreation area.
KKK.
Townhouses and Apartments.
[Amended by Ord. 2010-6, 8/19/2010; by Ord. 2013-1, 3/7/2013]
(1)
Townhouses.
(a)
The maximum number of dwelling units within any townhouse building
shall be eight per building.
(b)
Density. The permitted maximum density for townhouses shall
be based upon the amount of buildable area as follows:
1)
The following shall be subtracted from the total lot area of the tract (as defined in § 27-202) to determine the buildable area:
a)
Areas within the future rights-of-ways of preexisting
or previously approved streets;
b)
Areas with natural slopes greater than 15%, except
such areas shall not be deleted if the applicant establishes a conservation
easement protecting all such areas;
c)
Seventy-five percent of areas within the one-hundred-year
floodplain, as defined by federal floodplain maps, except only 25%
of such areas shall be subtracted if the applicant establishes a conservation
easement (as defined in Part 2) protecting all such areas.
2)
The following areas are not required to be deleted from the
buildable area, provided that they do not include areas that are specifically
required to be deleted under the standards in Subsection JJJ(1)(b)1)
above:
a)
Rights-of-way of streets that do not exist or that
were not previously approved;
b)
Areas of land voluntarily dedicated to and accepted
by the Township or state for a street improvement that would not otherwise
be required by the Township or state and that are not necessary for
providing internal access for the development may be included as buildable
area;
c)
Stormwater detention basins;
d)
Areas that will be dedicated as common open space;
and
3)
The buildable area as determined above shall be divided by the
following amount of square feet per dwelling unit to determine the
maximum permitted number of dwelling units within the tract.
|
R-3 District
|
8,000 square feet
| |
|
R-4 District
|
6,500 square feet
| |
|
R-5 District
|
5,500 square feet
|
|
Note: A fee simple minimum lot area is not required for each
individual townhouse.
|
4)
The permitted number of dwelling units may be placed at any
appropriate locations within the tract, provided that all other requirements
of this Chapter are met, and provided that no single net acre of land
includes more than 15 dwelling units once street rights-of-way and
common open spaces are deleted.
5)
If a townhouse development will clearly be permanently restricted
to persons age 55 or older and/or the physically handicapped, then
the permitted number of dwelling units on the tract may be increased
by 15%.
6)
Areas of land that are capable of additional development shall
not be used towards calculating the allowable density unless those
lands are deed restricted against further development.
(c)
Variety in Design. Developments of more than 50 dwelling units
should include a variety of complementary designs and colors between
buildings or clusters of buildings to avoid extreme repetition. Extreme
design and color variations on different parts of the same building
are discouraged. Variation in rooflines of structures is strongly
encouraged.
(d)
Changes in Facade. For every attached grouping of townhouses,
a minimum of two changes in the front wall plane shall be provided.
Such change shall involve a minimum variation or offset of four feet.
This requirement may be met by differing setbacks between an attached
garage and a dwelling, or differing setbacks among different dwellings,
or differing setbacks along the front of a dwelling.
(e)
(g)
Building Size Requirements.
1)
Maximum building length: 200 feet.
2)
Minimum Width of Townhouses. Each townhouse dwelling unit shall
have a minimum width of 18 feet, except the minimum width shall be
26 feet for any townhouse that:
3)
Maximum building height: 35 feet and three stories for a principal
building; 25 feet and one story for an accessory structure.
(h)
Building Setback and Separation.
1)
Minimum setback for townhouse buildings, whichever is most restrictive:
a)
For principal buildings from all exterior lot lines
(other than that of a single-family detached dwelling) and from all
existing street rights-of-way (other than expressways) exterior to
the tract: 50 feet.
b)
For principal buildings from the lot lines of an
existing single-family detached dwelling or the existing right-of-way
of an expressway: 75 feet.
c)
For principal buildings from an existing right-of-way
of a street constructed within the tract: 25 feet, or from the cartway
of a private street if a right-of-way does not exist.
d)
For accessory structures in the side or rear yard
along an existing street right-of-way constructed within the tract:
25 feet, or from the cartway of a private street if a right-of-way
does not exist.
e)
For accessory structures from all lot lines exterior
to the tract other than existing street rights-of-way: 25 feet.
f)
For accessory structures from all existing street
rights-of-way exterior to the tract and from all front lot lines along
a street: 50 feet.
g)
All principal and accessory structures shall be
set back at least five feet from any easement. This shall apply in
addition to any required setback.
2)
Separation.
a)
Each principal building shall be separated by a
minimum of 25 feet from any other principal building. All buildings
constructed on opposing sides of a street or road shall be constructed
in an offset or staggered manner.
b)
Any area of four adjacent net acres that includes
an average of 12 dwelling units or more an acre shall be separated
by a minimum of 10,000 square feet of vegetated usable common open
space from any other townhouses.
(i)
Minimum Private Area.
1)
For each townhouse, there shall be a yard, balcony, patio or
other outdoor area other than a driveway immediately adjacent to the
front, back or side of each dwelling of not less than 200 square feet
for the exclusive use of the occupants of that dwelling.
2)
If townhouses are subdivided into individual lots, the minimum
lot area shall be the building footprint plus this 200 square feet.
3)
Design measures shall be used to seek an appropriate level of
privacy in any rear yards; such measures might include landscaped
screening, compatible fencing or earthen berm. The intent is to avoid
the placement of incompatible fencing by individual landowners in
the future.
4)
Storage. If the maintenance of grass yards in front of or behind
a townhouse would be the responsibility of an individual homeowner,
a small storage area suitable for storing lawn maintenance equipment
shall be provided with appropriate outside access.
(j)
Architectural Renderings. Preliminary architectural renderings,
models or photos are requested for any townhouse development of more
than 25 units.
(k)
Paved Area Setback. All off-street parking spaces, except spaces
on driveways immediately in front of carport or garage entrances,
shall be set back a minimum of 10 feet from any dwelling.
(l)
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
(m)
Mailboxes. Any mailboxes provided within the future street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
(n)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial or collector street.
(o)
Common Open Space. For any townhouse development involving 25
or more dwelling units, a minimum of 10% of the total land area shall
be dedicated as common open space. This common open space shall be
in addition to any other requirements of this Chapter or common open
space or fees in lieu of open space requirements set forth in the
Subdivision and Land Development Ordinance.[3] Common open spaces are encouraged to be used as a buffer
against any abutting major roads.
1)
For any development that will not be limited to residents 55
years and older, at least 50% of the required common open space shall:
a) be contiguous, b) have slopes of less than 10%, and c) be planted
in grass and trees. If such development includes over 100 dwelling
units, then part of the required common open space shall include approved
types of children's playground equipment located over an appropriate
soft surface and an open pickup recreation field of less than 6% slope
forming a rectangle of at least 200 feet length and 100 feet width.
2)
For any development limited to persons 55 years and older, the
required common open space shall be suitable for passive recreation,
with appropriate landscaping, benches and paths or trails.
3)
The applicant shall prove to the satisfaction of the Zoning
Officer, upon advice of the Board of Supervisors, that there will
be an adequate permanent method in place to maintain the common open
space.
4)
Areas within 25 feet of a principal building shall not be used
to count towards the required amount of common open space.
(p)
Condominiums. The division of land into individual lots is not required, but instead condominium ownership may be used. See § 27-814 concerning condominiums and homeowner association agreements.
(q)
To avoid incompatible structures in a higher-density environment,
townhouse developers are strongly encouraged to establish deed restrictions
or homeowner association regulations controlling the general types
and materials of attached decks, fences and accessory structures that
may be added or constructed in the future.
(2)
Apartments.
(a)
The maximum number of dwelling units within any building or
within attached buildings shall be 16 per building.
(b)
Density. The permitted maximum density for apartments shall
be based upon the amount of buildable area as follows:
1)
The following shall be subtracted from the total lot area of the tract (as defined in § 27-202) to determine the buildable area:
a)
Areas within the future rights-of-way of preexisting
or previously approved streets;
b)
Areas with natural slopes greater than 15%, except
such areas shall not be deleted if the applicant establishes a conservation
easement protecting all such areas;
c)
Seventy-five-percent of areas within the one-hundred-year
floodplain as defined by federal floodplain maps, except only 25%
of such areas shall be subtracted if the applicant establishes a conservation
easement (as defined in Part 2) protecting all such areas.
2)
The following areas are not required to be deleted from the
buildable area, provided that they do not include areas that are specifically
required to be deleted under the standards in Subsection JJJ(2)(b)1)
above:
a)
Rights-of-way of streets that do not exist or that
were not previously approved;
b)
Areas of land voluntarily dedicated to and accepted
by the Township or state for a street improvement that would not otherwise
be required by the Township or state and that are not necessary for
providing internal access for the development may be included as buildable
area;
c)
Stormwater detention basins;
d)
Areas that will be dedicated as common open space;
and
3)
The buildable area as determined above shall be divided by the
following amount of square feet per dwelling unit to determine the
maximum permitted number of dwelling units within the tract.
|
R-3 District
|
8,000 square feet
| |
|
R-4 District
|
6,500 square feet
| |
|
R-5 District
|
4,500 square feet
|
4)
If an apartment development will clearly be permanently restricted
to persons age 55 or older and/or the physically handicapped, then
the permitted number of dwelling units on the tract may be increased
by 15%.
5)
Areas of land that are capable of additional development shall
not be used towards calculating the allowable density unless those
lands are deed restricted against further development.
(c)
Variety in Design. Developments of more than 50 dwelling units
should include a variety of complementary designs and colors between
buildings or clusters of buildings to avoid extreme repetition. Extreme
design and color variations on different parts of the same building
are discouraged. Variation in rooflines of structures is strongly
encouraged.
(d)
Changes in Facade. For every building, a minimum of four changes
in the front wall plane shall be provided. Such change(s) shall involve
a combination of differing setbacks (having an offset of at least
four feet) and/or variations in building materials/textures and/or
the use of architectural features/designs which shall serve the purpose
of interrupting the face of the building to provide a variation in
the facade of the building.
[Amended by Ord. 2015-5, 6/23/2015]
(e)
(h)
Building Setback and Separation.
1)
Minimum setback for apartment buildings, whichever is most restrictive:
a)
For principal buildings, from all exterior lot lines
(other than that of a single-family detached dwelling) and from all
existing street rights-of-way (other than expressways) exterior to
the tract: 50 feet.
b)
For principal buildings, from the lot lines of an
existing single-family detached dwelling or the existing right-of-way
of an expressway: 75 feet.
c)
For principal buildings, from an interior private
road constructed within the tract: 25 feet.
d)
For accessory structures, from all lot lines exterior
to the tract, including existing street rights-of-way: 35 feet, unless
said accessory structure is designated for off-street parking, bus
stops and/or screening for refuse containers.
e)
All principal and accessory structures shall be
set back at least five feet from any easement. This shall apply in
addition to any required setback.
2)
Separation.
a)
Each principal building shall be separated by a
minimum of 25 feet from any other principal building. All buildings
constructed on opposing sides of a street or road shall be constructed
in an offset or staggered manner to provide residents with a clear
line of sight.
b)
Any area of four adjacent net acres that includes
an average of 12 dwelling units or more an acre shall be separated
by a minimum of 10,000 square feet of vegetated usable common open
space from any other apartment.
(i)
Architectural Renderings. Preliminary architectural renderings,
models or photos are requested for any apartment development of more
than 25 units.
(j)
Paved Area Setback. All off-street parking spaces, except spaces
on driveways immediately in front of carport or garage entrances,
shall be set back a minimum of 10 feet from any structure.
(k)
Mailboxes. Any mailboxes provided within the future street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
(l)
Access. All vehicular access points shall be limited to interior
roadways.
(m)
Common Open Space. For any apartment development involving 25
or more dwelling units, a minimum of 10% of the total land area shall
be dedicated as common open space. This common open space shall be
in addition to any other requirements of this Chapter or common open
space or fees in lieu of open space requirements set forth in the
Subdivision and Land Development Ordinance.[4] Common open spaces are encouraged to be used as a buffer
against any abutting major roads.
1)
For any development that will not be limited to residents 55
years and older, at least 50% of the required common open space shall:
a) be contiguous, b) have slopes of less than 10%, and c) be planted
in grass and trees. If such development includes over 100 dwelling
units, then part of the required common open space shall include approved
types of children's playground equipment located over an appropriate
soft surface and an open pickup recreation field of less than 6% slope
forming a rectangle of at least 200 feet length and 100 feet width.
2)
For any development limited to persons 55 years and older, the
required common open space shall be suitable for passive recreation,
with appropriate landscaping, benches and paths or trails.
3)
The applicant shall prove to the satisfaction of the Board of
Supervisors that there will be an adequate permanent method in place
to maintain the common open space.
4)
Areas within 25 feet of a principal building shall not be used
to count towards the required amount of common open space.
LLL.
Treatment Center. (See also "inpatient alcohol treatment center.")
(1)
The applicant shall provide a written description of all types
of residents the use is intended to include over the life of the permit.
Any future additions or modifications to this list shall require approval
of the Zoning Hearing Board as a special exception.
(2)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that such use will involve adequate supervision and
security measures to protect public safety.
(3)
The Zoning Hearing Board may place conditions on the use as
necessary to protect public safety, including conditions on the types
of residents and security measures.
(4)
A treatment center may occur as a special exception accessory
use to a permitted and approved hospital that has a minimum lot area
of 30 acres.
MMM.
Trucking Company Terminal.
(1)
Minimum lot area: 10 acres.
(2)
All tractor-trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from beyond the exterior lot lines of the use
shall be screened by a 50 feet wide buffer yard. This buffer yard
shall meet the following conditions:
(b)
Include the planting of deciduous shade trees, which shall meet
the following requirements:
1)
Meet provisions of the Subdivision and Land Development Ordinance (Chapter 22) that concern types and initial sizes of shade trees.
2)
Shall be placed abutting streets as required by the Subdivision and Land Development Ordinance (Chapter 22) and along every 60 feet of lot perimeter that does not abut a public street. (Such trees are not required to be planted at regular intervals, but may be clustered.)
3)
Shall be of types selected to be resistant to diesel exhaust.
4)
Be planted on the exterior side of any required berm (or any
wall that might be permitted in place of such berm), any wall used
for screening, any fence and any evergreen screening.
5)
Shall not be planted on the top of any berm, in order to provide
effective screening.
6)
May be planted within the future street right-of-way.
7)
May include same land as the paved area setback area required
by Part 6.
(3)
The use shall not be required to meet Township requirements
requiring landscaped areas to be placed in the center of paved areas.
(4)
Any entrance for trucks, loading/unloading area, outdoor storage
or truck parking area shall be a minimum of 250 feet from any dwelling.
(5)
The use shall have its main access point(s) within two miles
of at least one ramp of an expressway.
(6)
The use shall include an appropriate system to contain and properly
dispose of any fuel, grease, oils or similar pollutants that may spill
or leak where such substances are stored or where vehicles are fueled,
repaired or maintained.
(7)
Any tractor-trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from and are within 250 feet of the exterior
lot lines of the use shall be separated from such lot lines by an
earthen berm. Such berm shall meet the following conditions:
(a)
Average a minimum of five feet in height above the adjacent
average ground level (disregarding any drainage channel) on the outside
of the berm.
(b)
Not have one completely continuous height, but instead shall
vary in height by one feet or two feet in places.
(c)
Have a maximum side slope of three horizontal to one vertical.
(d)
Be covered by a well-maintained all season natural ground cover,
such as grass.
NNN.
Truck Stop.
OOO.
Veterinarian Office. (Includes "animal hospital.")
(1)
A minimum lot area of at least 1.5 acres shall be required for
those animal hospitals treating small domestic animals (such as cats,
dogs, birds, rabbits or snakes). A minimum lot area of at least three
acres shall be required for those offices routinely treating large
animals (such as cattle, horses or pigs).
(2)
Any structure in which animals are treated or housed shall be
a minimum of 100 feet from any residentially zoned undeveloped lot
or any lot line of a primarily residential use. Buildings shall be
adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings.
(3)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150
feet from any existing dwelling and provided that the runs for dogs
are separated from each other by visual barriers a minimum of four
feet in height, to minimize dog barking.
(4)
A commercial kennel shall only be an accessory and not a principal
use, unless a kennel is permitted in that district and the applicable
requirements are met.
PPP.
Warehouse, Distribution or Wholesale Sales.
[Amended by Ord. 2017-4, 6/1/2017]
(2)
No storage of garbage (other than is routinely produced on site
and awaiting regular collection) shall be permitted. See the Township
Fire Protection Ordinance.
(3)
Uses that would involve a driveway or accessway to the use of an average of more than 100 tractor-trailers per weekday shall be required to meet the additional site development standards in this § 27-402 for a trucking company terminal.
[Amended by Ord. No. 2022-13, 9/1/2022]
(5)
When permitted as a special exception, the applicant shall provide
a detailed description of the proposed use in each of the following
topics:
(a)
The nature of the on-site activities and 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.
(b)
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.
(c)
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 ordinance, including but not limited to those listed in Part 5 of this chapter.
(d)
The applicant shall present credible evidence that the number
of "oversized" off-street parking spaces provided for trucks will
be adequate to accommodate the expected demand generated by the warehouse
activities.
(7)
An environmental impact statement shall be provided including:
[Added by Ord. No. 2022-13, 9/1/2022]
(a)
Description of the action, including its need and benefits;
(b)
Description of the environmental setting and areas to be affected;
(c)
An analysis of all environmental impacts related to the action;
(d)
An analysis of reasonable alternatives to the action;
(e)
Identification of ways to reduce or avoid adverse environmental
impacts.
[Ord. 9-94, 4/7/1994, § 403]
1.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted by right, special exception
or conditional use are permitted by right, except as is provided for
in this Chapter.
2.
Accessory Setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this Part for a particular
accessory use.
3.
Front Yard Setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this Chapter. See the list of essential services in § 27-306.
4.
Special Standards. Each accessory use shall comply with all of the
following standards listed for that use:
A.
Accessory Apartment, One. Within an existing single-family detached
dwelling or within an existing single-family semidetached dwelling
(half of a twin dwelling):
(1)
Any on-lot septic system shall be recertified if the sewage
flows will increase.
(2)
The building shall maintain the appearance of a single-family
detached dwelling or a single-family semidetached dwelling with a
single front entrance. Additional entrances may be placed on the side
or rear of the structure. The dwelling units may internally share
the single front entrance.
(3)
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building or
would require the placement of four or more off-street parking spaces
in the required front yard.
(4)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(5)
Any off-street parking lot including four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 27-803.
(6)
One of the dwelling units shall be owner-occupied or occupied
by a relative of the owner for a minimum period of 36 months following
the conversion.
(7)
The dwelling as it preexists shall have a total minimum floor
area of 1,500 square feet, and the principal dwelling unit shall retain
a minimum floor area of 800 square feet.
(8)
A maximum of two total dwelling units are permitted.
B.
Amateur Radio Antenna.
(1)
Height. No amateur radio antenna, including its supporting structure,
shall have a total height above the average surrounding ground level
of greater than 65 feet in a residential district or 75 feet in any
other district.
(2)
Anchoring. Any amateur radio antenna shall be properly anchored
to resist high winds.
C.
Apartment for Care of Relative.
(1)
See definition in Part 2.
(2)
Shall be restricted to occupancy by a "relative" (see definition
in Part 2) of a permanent resident of the principal dwelling unit
on the property. A maximum of two persons shall inhabit such apartment.
(3)
Such relative shall need care and supervision because of old
age, disability, handicap or illness.
(4)
Such dwelling unit shall be designed and installed in such a
way that it can easily be reconverted into part of the principal dwelling
unit after such relative no longer lives within it. Once such unit
is no longer occupied by such relative, the dwelling shall be reconverted
into part of the principal dwelling unit or be completely removed.
(5)
The occupants of the principal dwelling unit shall report any
change in adults residing in such dwelling.
(6)
Once an apartment under this Section is required to be removed,
there shall be no physical evidence visible from exterior lot lines
that such apartment existed.
(7)
Such apartment shall not decrease the single-family residential
exterior appearance of a dwelling.
(8)
Such apartment shall not generate rental income. The Township
may require the recording of a covenant running with the land to assure
compliance.
[Amended by Ord. 2010-6, 8/19/2010]
D.
Composting.
(1)
Shall be limited to the composting of biodegradable vegetative
material, including grass clippings, trees, shrubs, leaves and vegetable
waste. The composting shall not include animal wastes or fats.
(2)
Shall be conducted in such a way that a fire, rodent or disease-carrying-insect
hazard or noxious odors are not created.
(3)
Composting areas of greater than 1.5 acre shall be set back
75 feet from lot lines of abutting residential lot lines. In addition,
at a minimum, areas of grass clippings' composting shall be set back
a minimum of 30 feet from any adjacent dwelling.
(4)
Commercial bulk composting of manure for off-site use (other
than routine sale of manure produced by farm animals on the lot) shall
only occur within a completely enclosed building as a conditional
use in the LI District and shall be a minimum of 500 feet from any
residential lot line and shall require that the applicant prove that
the odor regulations of this Chapter will be complied with.
E.
Day-Care Center as Accessory Use to a Residential Use.
(1)
The following shall be the maximum number of children under
age 15 that may be cared for in any dwelling unit:
(a)
In a single-family detached dwelling with a minimum lot area
of 10,000 square feet and a ten-foot setback from all existing dwellings:
maximum of six children who are not "related" (see definition in Part
2) to a permanent resident of the dwelling.
(b)
In any other dwelling unit: maximum of three children, beyond
those children who are related to a permanent resident of the dwelling.
(2)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(3)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 27-402 for such use, if permitted.
(4)
The use shall be actively operated by a permanent resident of
the dwelling.
(5)
If four to six children who are not related to a permanent resident
of the dwelling are cared for, then the following requirements shall
be met:
(a)
Smoke detectors shall be provided throughout the building, a
fire extinguisher shall be provided, and exit lights shall be provided
at outdoor exits, and at least one exit/window shall be provided with
an opening within six feet of the adjacent exterior grade level.
(b)
A minimum of 100 square feet of safe exterior play area shall
be available.
F.
Fences and Walls.
(1)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed. A zoning permit
is required for all fences and walls other than seasonal temporary
snow fences and temporary fences around active construction sites.
Such temporary fences may have a maximum height of eight feet in a
residential district.
(2)
Sight distance, stormwater and easements. No fence, wall or hedge shall obstruct the sight distance requirements of Subsection 3 of § 27-803, nor obstruct safe sight distance within an alley. No fence or wall shall obstruct the flow of stormwater, except if approved as part of a Township-approved stormwater system. No fence or wall shall be constructed within an easement in such a way that it would inhibit use and maintenance of the easement for its intended purpose.
[Amended by Ord. No. 2023-05, 5/4/2023]
(3)
Fences.
(a)
Front yard. Any fence located in the required front yard of
a lot in a residential district shall be an open-type of fence (such
as picket or split rail) with a minimum ratio of 1:1 of open to structural
areas; not exceed four feet in height; and be constructed entirely
of wood (plus any required fasteners and any wire mesh attached on
the inside of the fence) or wrought iron or other material that closely
resembles wood or wrought iron.
(b)
A fence shall not be required to comply with minimum setbacks for accessory structures. The fence shall not be located within an existing or dedicated future street right-of-way. See Subsection 4F(2) above concerning easements.
(c)
Height. A fence located in a residential district in a location
other than a required front yard shall have a maximum height of six
feet, except:
1)
A maximum height of 10 feet is permitted to enclose a tennis
or racquet sport court or a nonhousehold swimming pool or an electric
substation, provided that such fence is set back a minimum of 10 feet
from all lot lines.
2)
If an applicant clearly proves in writing to the satisfaction
of the Zoning Officer that a higher fence is needed to protect public
safety around a specific hazard.
(d)
Setbacks. No fence shall be built within the following distances of the existing right-of-way of a street: five feet in a residential district and 10 feet in any other district. A fence of a dwelling may be constructed on any other lot line in a residential district. A fence for a nonresidential use shall be set back a minimum of five feet from any abutting lot line of an existing dwelling or an undeveloped residentially zoned lot. No fence shall be located within the paved area setback required under § 27-603.
(e)
Any fence that has one side that is smoother and/or more finished
than the second side shall place that smoother and/or more finished
side so that it faces away from the area that is enclosed, unless
the fence abuts a business use.
(f)
Fence materials. Barbed wire shall not be used as part of fences
around dwellings. Electrically charged fences shall only be used to
contain farm animals and shall be of such low intensity that they
will not permanently injure humans. No fence shall be constructed
out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(4)
Walls.
(a)
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this Section,
and are permitted by right as needed in all districts.
(b)
No wall of greater than three feet shall be located in the required
front yard in a residential district, except as a backing for a permitted
sign at an entrance to a development.
(c)
A wall in a residential district outside of a required front
yard shall have a maximum height of three feet if it is within the
minimum accessory structure setback and six feet if it is not.
(d)
Walls that are attached to a building shall be regulated as
a part of that building, and the regulations of this Section shall
not apply.
(5)
Gates. All fences, walls or continuous hedges more than four
feet in height shall be equipped with gates or other suitable passageways
at intervals of not more than 250 feet.
G.
Garage Sale.
(1)
See definition in Part 2. A garage sale shall not include wholesale
sales, nor sale of new merchandise of a type typically found in retail
stores.
(2)
No garage sales shall be held on a lot during more than four
days total in any three consecutive months.
(3)
The use shall be clearly accessory to the principal use.
H.
Home Occupation. (See definitions in Part 2.)
(1)
The following standards shall apply to both "light" and "general"
home occupations.
(a)
The burden of proof shall be upon the applicant to prove that
the standards of this Section will be met, especially regarding possible
nuisances and truck traffic. Based upon the potential nuisances of
a proposed home occupation, the Zoning Hearing Board may determine
that a particular type or intensity of use is unsuitable to be a home
occupation or that the proposed lot area or setbacks are not sufficient.
(b)
The home occupation shall be conducted completely indoors and
may be within a principal or accessory residential building. The total
amount of floor area of all buildings used for a home occupation shall
not be greater than 25% of the total floor area of the principal dwelling
unit.
(c)
There shall be no outdoors operations or outdoors storage of
materials, products or equipment.
(d)
Signs and Displays. There shall be no use of show windows, business
display or advertising visible from outside the premises, except as
is specifically permitted for a general home occupation.
(e)
Truck Traffic. The use shall not require the parking, storage
or regular servicing by a vehicle with an aggregate gross vehicle
weight of more than 12,000 pounds, except for deliveries a maximum
of two times per day. The use shall not involve the parking or storage
of more than two trucks of any type on the lot or on adjacent streets
at any period of time. The use shall not need servicing by, storage
of, deliveries by or parking of tractor-trailer trucks.
(f)
Uses permitted as a home occupation include, but are not limited
to, art studio, office, custom sewing, tax preparation, catering for
off-site consumption, installation of auto accessories that are not
part of the drivetrain, or musical instruction.
(g)
The following uses shall not be permitted as a home occupation:
veterinarian office; nonhousehold stable; kennel; funeral home; retail
store (other than occasional sale of custom crafts and art produced
on the premises); restaurant; mechanical auto repair or bodywork (except
farm equipment repair is permitted as accessory to an agricultural
use); spray painting of vehicles; trucking company terminal; welding;
pesticide company; hotel or motel; manufacturing (other than custom
crafts such as ceramics); or boardinghouse.
(h)
Nuisances. No machinery or equipment shall be permitted that
produces noise, noxious odor, vibration, glare, electrical interference,
or radio or electromagnetic interference beyond the boundary of the
property. Only general types and sizes of machinery that are typically
found in dwellings for hobby or domestic purposes shall be permitted.
No use shall generate noise or glare in excess of what is typical
in a residential neighborhood.
(i)
The use shall also comply with all environmental and nuisance control regulations of this Chapter, including Part 5.
(j)
Parking and Loading. In any case, a home occupation shall include
an absolute minimum of one off-street parking space (which may include
a space for the dwelling). The applicant shall prove to the satisfaction
of the Zoning Hearing Board in the case of a general home occupation
that the use will include adequate off-street parking and loading
spaces.
1)
The Board shall determine the maximum number of vehicles expected
to be at the premises at any period of time, including overlapping
customers. The amount of parking in the front yard should be held
to a minimum to maintain a residential character.
2)
Therefore, the Board may allow appropriate, safe on-street areas
to be used to meet a portion of parking needs, considering the paved
width of the street.
3)
If additional parking is needed beyond what can be accommodated
using appropriate on-street spaces and a residential-style driveway,
then the Board may require that such parking be provided in the rear
of the home if practical and may deny the use if such rear parking
cannot be accommodated.
4)
Any required off-street spaces shall be conveniently located
to reach the door of the home occupation.
(k)
Building Appearance. The exterior of the building and the lot
shall not be changed in such a way as to decrease its residential
appearance, except for permitted parking spaces and the permitted
sign.
(l)
Hours. A home occupation shall not be conducted in a way that
is perceptible in external effects (such as, but not limited to, noise,
odors, traffic) from beyond the lot line between the hours of 9:00
p.m. and 7:30 a.m. This time limit shall also apply to any loading
or unloading of vehicles on the property or on a street that causes
noise to adjoining residents.
(m)
Hazardous Substances. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts commonly found in a dwelling. The use shall not
involve the use or storage of toxic substances.
(n)
Advertising. The address of the home occupation shall not be
advertised in such a way that would encourage customers or salespersons
to come to the property without an appointment.
(o)
Law or Medical Office. The main office of a medical doctor,
chiropractor, dentist or attorney shall only be allowed as a home
occupation if the property abuts an arterial street and has a minimum
lot area of 10,000 square feet.
(p)
Hazardous Substances. The applicant shall demonstrate to the
satisfaction of the Township that the intended method of handling
and disposal of hazardous materials will comply with all federal and
state laws and regulations.
(2)
General Home Occupation. In addition to the standards in Subsection 4H(1) above, the following shall apply to a general home occupation:
(a)
Only the following sign shall be permitted: one nonilluminated
sign with a maximum sign area of one square feet on each of two sides,
with a maximum height of eight feet. Such sign shall not be located
within the existing right-of-way of a street, unless it is attached
to a mailbox.
(b)
Number of Employees. A total maximum of one person shall work
on the premises who is not a permanent resident of the dwelling, except
a barbershop or beauty shop may not include any nonresident employees.
(c)
Instruction. Any instruction or tutoring shall be limited to
a maximum of one student on the property at any one time and six students
on the property on any day.
(d)
Barber/Beautician. Any barber, beautician, hair stylist or similar
personal service use shall only be permitted as a home occupation
if: only one person may work on the premises, who must be a permanent
resident of the dwelling; there is a fifteen-foot minimum building
setback from all residential lot lines; and if the property abuts
a collector or arterial street.
(e)
If the home occupation involves work occurring on a vehicle(s),
such vehicle(s) shall not be parked on the lot or on abutting streets
overnight.
(f)
Traffic. The use shall not routinely involve the arrival at
the property for business purposes of more than 10 vehicles per day
or the parking of more than four vehicles of nonresidents at any one
time.
(g)
The Zoning Hearing Board may determine that a proposed type
of home occupation is significantly more intense than the average
home occupation and that the intensity creates a need for a larger
than average setback. Such finding may be sufficient to deny an application.
(3)
Home Occupation, Light. In addition to the standards in Subsection 4H(1) above, the following standards shall apply to a light home occupation:
(a)
Traffic. The use shall not routinely involve the arrival at
the property for business purposes of more than four vehicles per
day. The use shall not require a need for parking beyond what is typically
provided for a dwelling.
(b)
Only persons who are permanent residents of the dwelling shall
work on the premises.
(c)
No sign shall identify the business.
I.
Outdoor Storage and Display, Commercial or Industrial, as a Principal
or Accessory Use.
(1)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use, required parking area or required paved area setback (see Subsection 7 of § 27-703).
(2)
No such storage or display shall occur on areas with a slope
in excess of 15% or within the one-hundred-year floodway.
(4)
Tires. If more than 250 tires are stored on a lot, each stack
shall be a maximum of 20 feet high and cover a maximum of 400 square
feet. Each stack shall be separated from other stacks by a minimum
of 75 feet.
(5)
No commercial or industrial outdoor storage or display shall
occur within a required front yard, except vehicles for sale or rent
and trees, shrubs and plants for sale.
J.
Pets, Keeping of. (NOTE: This does not apply to "raising of livestock" which is regulated by § 27-402 nor to "keeping of animals" permitted as an accessory use under the definition of "crop farming" in Part 2.)
(1)
This is a permitted by right accessory use in all districts.
(2)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard or a public safety hazard.
The owner of the animals shall be responsible for collecting and properly
disposing of all fecal matter from pets. No dangerous animals shall
be kept outdoors in a residential district, except within a secure,
completely enclosed cage or fenced area of sufficient height or on
a leash under full control of the owner.
(3)
The total number of dogs and cats shall be a combined maximum
of six, except:
(a)
A maximum of 12 may be kept if the animals are regularly kept
a minimum of 200 feet from a residential lot line.
(b)
If no dogs are kept on a lot, then a maximum of eight cats may
be kept.
(c)
These numerical restrictions shall not apply to cats and dogs
of less than three months age, although commercial breeding shall
only be permitted as an accessory use to a dwelling under the "general
home occupation" regulations.
(d)
The keeping of three or more total pigeons (except as may be
preempted by the State Carrier Pigeon Law), chickens, ducks, geese
and/or similar fowl shall require a minimum lot area of two acres.
A maximum of 12 such fowl shall be permitted under this "keeping of
pets" Section. Such animals shall be kept on the property of the applicant.
If there are three or more such fowl on a lot, they shall be kept
a minimum of 75 feet from any dwelling other than that of the owner
of the animals.
(e)
Rabbits may be kept, provided that they do not create unsanitary
conditions or noxious odors for neighbors.
(f)
In any zoning district it is permitted to maintain up to two
horses on a lot of two acres or more. Any horse barn, corral, fenced-in
area or stable shall be a minimum of 50 feet from any abutting lot
line (other than a street right-of-way) and 150 feet from any existing
dwelling other than that of the owner of the horses.
(g)
Keeping of more than the specified number of cats or dogs shall
be considered a kennel.
(h)
Keeping of more than the specified number of pigeons or fowl
shall be considered "keeping of livestock."
(i)
Keeping of more than the specified number of horses shall be
considered a stable.
(j)
Only those pets that are domesticated and are compatible with
a residential character shall be permitted as "keeping of pets." Examples
of permitted pets include dogs, cats, rabbits, gerbils, lizards and
fish but do not include bears, goats, wolves, wolf-dog hybrids, cows,
venomous snakes that could be toxic to humans, pigs (other than miniature
breeds) or sheep.
(k)
Any area used for the outdoor keeping of bees shall be set back
a minimum of 150 feet from all lot lines.
K.
Recreational Vehicle, Storage of One or Two. A maximum of two uninhabited
recreational vehicles in transportable condition may be stored on
a lot outside of an enclosed building within the following limitations:
(1)
A recreational vehicle longer than 25 feet shall not be stored
for more than three days in any seven-day period within a required
front yard setback.
(2)
A recreational vehicle stored on the lot of a single-family
detached house other than within an approved mobile home park shall
be set back a minimum of five feet from the lot line of an abutting
single-family detached house.
(3)
Any recreational vehicle that is required to be registered or
licensed under state law to be operated and is not registered or licensed
shall be kept out of view from any public street or existing dwelling
(other than that of the owner).
(4)
A recreational vehicle shall not be used as a permanent dwelling
unit.
(5)
A recreational vehicle shall not be parked within five feet
inside from the curb of a public street or within five feet from the
cartway of an uncurbed public street.
L.
Residential Accessory Structure. (See definition in Part 2.)
(1)
Accessory structures and uses (other than fences) shall not be within the required accessory use setback as stated in Part 3, unless specifically exempted by this Chapter.
(3)
Children's swingsets, sliding boards, sandboxes and similar
traditional children's recreational structures and devices (other
than a skateboard ramp or similar device) shall be located a minimum
of 10 feet from any residential lot line and shall not be located
in the required front yard.
(4)
Any structure or device located outside of an enclosed building used for noncommercial recreational or amusement purposes [including, but not limited to, a skateboard ramp, but not including uses listed in Subsection 4L(3) above] shall:
(a)
Be located within the rear yard outside of the required side
yard.
(b)
Be located a minimum of 15 feet from any street right-of-way
or residential lot line.
(d)
Require the applicant to provide prior written notice to abutting
property owners.
(e)
Have a maximum length of 15 feet and a maximum height of 10
feet.
(5)
Height. See Part 3, unless a more restrictive height is stated
elsewhere.
M.
Retail Sales of Agricultural Products Grown Primarily on the Premises.
(1)
The use shall be an accessory use incidental to a crop farming
or raising of livestock use.
(2)
The only retail sales shall be of agricultural products. See
limitations on percentage of products that are required to be produced
by the operator in order to meet the definition in Part 2.
(3)
Off-street parking shall be provided in compliance with the
provisions of Part 6. No parking shall be permitted in such a way
that it creates a safety hazard.
(4)
All buildings erected for this use that are not clearly permanent
in nature shall be disassembled during seasons when products are not
offered for sale.
(6)
No stand shall be located closer than 50 feet from a lot line
of an existing dwelling, 25 feet from any other lot line or 100 feet
from the closest intersecting point of street rights-of-ways at an
intersection.
(7)
A maximum of 800 square feet of building floor area may be used
for such use.
(8)
The use may occur as an accessory use within an existing dwelling
or barn. Any stand shall be maintained in good condition.
N.
Satellite Antennas.
(1)
Intent. To provide for reception of satellite communications,
while assuring that such uses will not detract from the character
of any area or adversely affect property values. To recognize that
the solidness and visibility of satellite antennas can create a very
strong visual impact on a neighborhood compared to most other noncommercial
antennas.
(2)
Satellite antenna shall be a permitted by right accessory use
in all districts for all uses subject to the restrictions in this
subsection.
(3)
Location and Number.
(a)
In a residential district, a satellite antenna shall not be
located within the required front yard of a residential use.
(b)
A satellite antenna shall comply with the accessory setback
requirements of the applicable district.
(c)
A satellite antenna may be placed on the roof of a structure
in a residential district only if less than 1/3 of such antenna would
be visible from a public street. An antenna may be roof-mounted in
any other district, without limitations on visibility.
(d)
A maximum of one satellite antenna shall be permitted on any
lot in a residential district.
(4)
Size and Height.
(5)
Screening. Any satellite antenna in a residential district that
is ground-mounted and visible from a public street shall be screened
by appropriate evergreen plantings with a minimum height of three
feet between the antenna and any public street, unless the applicant
proves to the satisfaction of the Zoning Officer that screening in
such a location would make it impossible to receive the electronic
signals.
(6)
Colors. Earth tones are strongly encouraged.
(7)
Large Lot Exemption. If a satellite antenna is to be located
a minimum of 200 feet from all exterior lot lines, the size, height
and placement requirements of this Section shall not be binding.
(8)
Mobile Stands. Satellite antenna on mobile stands are prohibited,
except as may be initially needed to determine the best location for
an antenna.
(9)
Transmission. No satellite antenna provided for under this Section
shall be used for the transmission of commercial electronic signals
within a residential district.
(10)
Wind Resistance. Any satellite antenna shall be properly secured
so that it will be resistant to high winds.
O.
Swimming Pool, Household. (Referred hereafter as "pool.")
(1)
The pool shall not involve any commercial use.
(2)
Enclosure Around In-Ground Pools. A new or existing in-ground
pool shall be completely surrounded by a secure fence, wall, portion
of a building and/or similar enclosure in accordance with the Pennsylvania
Uniform Construction Code.
[Amended by Ord. 2010-6, 8/19/2010]
(3)
Enclosure Around Aboveground Pool. Any existing or new aboveground
pool shall include a secure fence, wall or other enclosure in accordance
with the Pennsylvania Uniform Construction Code.
[Amended by Ord. 2010-6, 8/19/2010]
(4)
Location. A pool and any deck or shelter that is elevated above
the average surrounding ground level shall meet the applicable setback
requirement for an accessory building. Patios around pools that are
level with the average surrounding ground level are not required to
meet setbacks. Where practical, a pool shall be located to the rear
of a dwelling. A pool is not permitted within a required front yard.
The structural walls of a pool shall be set back a minimum of 15 feet
from the lot line of an abutting single-family detached dwelling.
(5)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any: a) on-lot
septic system; or b) portion of a building or property not owned by
the owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system.
(6)
The Township does not assume responsibility for guaranteeing
to the public that all new and existing pools fully comply with these
provisions.
(7)
Water Service. Any inlet from a central water system shall be
above the overflow level of the pool. If the water for a pool is supplied
by a private water system, there shall be no crossed connection with
the central water system.
(8)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
(9)
When a pool is proposed to be located in an area where the underlying
geology may not have adequate bearing quality or in a suspected karst
area the Zoning Officer may require the report of a professional geologist
or professional engineer prior to the issuance of a permit. The cost
of such professional shall be the responsibility of the applicant.
[Added Ord. 2010-6, 8/19/2010]
P.
Tennis or Racquetball Court.
(1)
A tennis or racquetball court shall not be located in the front
of a dwelling and shall not be located within any required accessory
yard areas. A tennis or racquetball court shall not be located within
20 feet of an abutting lot line of an existing dwelling. See also
the requirements for "fences and walls" in this subsection.
(2)
No lighting shall shine directly beyond a boundary of the lot
where the tennis court is located.
(3)
A tennis or racquetball court shall not be located over a drainage
field of an on-lot sewage disposal system.
Q.
Windmill.
(1)
All windmills that could be climbed upon by children shall be
surrounded by a fence at least five feet in height which is located
at least five feet from the base of such windmill.
(2)
A windmill shall not have a vane, sail or rotor blade passing
within eight feet of the ground.
(3)
A freestanding windmill shall be set back a distance from all
lot lines equal to its total height plus five feet.
(4)
All electrical wiring leading from a windmill shall be located
underground.
R.
Agritainment.
[Added by Ord. No. 2018-08, 8/2/2018]
(1)
Use. The use(s) shall, individually and in the aggregate, be
purely accessory and incidental to an agriculture use and shall not
become the primary use of the parcel(s).
(2)
An operator of an agricultural use that has engaged in and upon
agritainment upon properties which can be identified as existing prior
to the date of enactment of this Subsection may continue to engage
in those agritainment activities upon those properties subject to
the restrictions and requirements set forth herein. This provision
specifically precludes properties or parcels that may be owned by
an operator but upon which agritainment is not currently conducted.
(3)
A site plan prepared in compliance with § 27-117 and that identifies the location of agritainment activities, farm buildings, dwellings, existing and proposed driveways, access drives, parking areas and vehicle turnaround areas shall be provided.
(4)
The agritainment use(s) shall be operated by the owner of the
property or a member of his/her immediate family (spouse, sibling,
child, grandchild, parent, grandparent), or by an operator of the
agricultural use, or by an occupant of the agriculture use upon which
it is located.
(5)
Setbacks.
(a)
Agritainment activities occurring within a crop area that provides
a natural buffer, such as a corn maze, orchard trees or grape vines,
shall be located not less than 25 feet from any residential property
line. This requirement shall be increased to a distance of 500 feet
from an occupied dwelling or residential property line, whichever
is greater, exclusively applicable to the property that contains the
agritainment activities for any haunted activities or those that involve
any man-made or special effects creating noise, light or smoke.
(b)
Agritainment activities that occur in buildings shall be set
back in accordance with applicable setbacks for accessory use buildings
in the district.
(6)
No portion of the site containing agritainment activities shall
be subdivided from the parent tract.
(7)
Prime agricultural soils shall be identified by the applicant.
No areas of prime agricultural soil shall be occupied by an activity
in a way that renders the land incapable of being converted to agricultural
use.
(8)
Agritainment activities shall not begin before 8:00 a.m. and
shall terminate no later than 10:00 p.m.
(9)
Minimum Parcel Size. Agritainment shall be conducted on agricultural
operations having at least 10 acres.
(10)
Lighting. Pole-mounted lights shall not exceed 25 feet in height
and shall be shielded and directed towards the interior of the site.
(11)
Exterior Storage. All exterior storage of items related to the agritainment use that are located within 100 feet of the lot line of a residential use shall be screened in accordance with § 27-803.
(12)
Conversions. All structures constructed for the agritainment
use shall be of the nature that they can reasonably be converted to
accommodate a permitted agricultural use, or shall be removed upon
the close of the activity.
(13)
Temporary Structures. Any structures that are temporary in nature
and are used in conjunction with the agritainment activities shall
be removed not later than 28 days after the last scheduled date of
the activity or event. As an alternative to removal of said structures,
said structures may be relocated to a designated and screened storage
area on another portion of the parcel. This provision shall not apply
to utilities and fences.
(14)
Inspections. The applicant shall demonstrate that structures
to be occupied by the public shall not pose any danger to life or
safety due to fire, collapse, panic, or similar danger. Life and safety
inspections of grounds and structures are required annually.
(15)
Parking. In addition to all off-street parking spaces required
in connection with the primary agriculture uses, the property shall
provide at least one off-street parking space for every two persons
anticipated to be present in connection with agritainment uses at
that time in a calendar year when the number of such persons is greatest.
(16)
Entrance Paving. The Township may require a paved apron or a
gravel scraping area at any or all entrances/exits to prevent tracking
of mud or debris onto any public roadway, and shall so require a paved
apron or a gravel scraping area whenever the agritainment uses attract
more than 300 vehicles per day on three or more occasions during a
calendar year.
(17)
Collection of Admission or Parking Fees. Any booth or other
structure used for the collection of admission and/or parking fees
shall be set back and arranged to prevent vehicle back-ups on adjoining
roads during peak arrival periods. Any other collection of fees (e.g.,
roaming parking lot attendants) shall be accomplished in a manner
to prevent vehicle back-ups on adjoining roads.
(18)
Retail Sales. The total area allocated to retail sales or the
sale of goods and merchandise, such as souvenirs, gifts, trinkets
and accessory items, shall not exceed 4,000 square feet of total gross
floor area, excluding storage areas and other areas not accessible
by the general public. Retail sales shall not include the direct commercial
sale of agricultural commodities, as defined and to the extent permitted
in and under the Right to Farm Act [Title 3 P.S. § 952 and
Title 3 P.S. § 953(b)].
(19)
Traffic. The Township may require the applicant to prepare a
plan for controlling traffic and circulation on the site at the expense
of the applicant. The Township may also require that applicant to
provide qualified traffic-control personnel at the expense of the
applicant.
(20)
Air or propane cannons.
(a)
Any activity utilizing air or propane cannons shooting apples
is limited to shooting at stationary targets.
(b)
The targets used for these activities shall be constructed of
stone, rock or concrete.
(c)
Air or propane cannons used for agritainment purposes shall
be outfitted with noise-muffling devices.
(d)
Air or propane cannons shall be set back 500 feet from an occupied
dwelling or residential property line, whichever is greater, exclusively
applicable to the property that contains the agritainment activities.
(21)
Control of Litter. The Township may require the applicant to
prepare a plan for the removal of litter (on-site and off-site).
(22)
The owner or operator of an agritainment use shall maintain
a current emergency contingency plan and provide the plan to the Township.
S.
Agritourism.
[Added by Ord. No. 2018-08, 8/2/2018]
(1)
Use. The use(s) shall, individually and in the aggregate, be
purely accessory and incidental to an agriculture use and shall not
become the primary use of the parcel(s).
(2)
An operator of an agricultural use that has engaged in and upon
agritourism activities and which can be identified as existing prior
to the date of enactment of this Subsection may continue to engage
in those agritainment activities subject to the restrictions and requirements
set forth herein.
(3)
A site plan prepared in compliance with § 27-117 and that identifies the location of agritourism activities, farm buildings, dwellings, existing and proposed driveways, access drives, parking areas and vehicle turnaround areas shall be provided.
(4)
The agritourism use(s) shall be operated by the owner of the
property or a member of his/her immediate family (spouse, sibling,
child, grandchild, parent, grandparent), or by an operator of the
agricultural use, or by an occupant of the agriculture use upon which
it is located.
(5)
Setbacks.
(a)
Agritourism activities that involve patrons harvesting fruits,
vegetables, or other crops in their natural state are not required
to be set back from property lines.
(b)
Agritourism activities occurring within a crop area that provides
a natural buffer, such as a corn field, orchard trees or grape vines,
shall be located not less than 25 feet from any residential property
line.
(c)
Agritourism activities that occur in buildings shall be set
back in accordance with applicable setbacks for accessory use buildings
in the district.
(6)
No portion of the site containing agritourism shall be subdivided
from the parent tract.
(7)
Prime agricultural soils shall be identified by the applicant.
No areas of prime agricultural soil shall be occupied by an activity
in a way that renders the land incapable of being converted to agricultural
use.
(8)
With the exception of direct commercial sales of agricultural
commodities as defined in the Right to Farm Act [Title 3 P.S. § 953(b)],
agritourism activities shall not begin before 8:00 a.m. and shall
terminate no later than 10:00 p.m.
(9)
Minimum Parcel Size. Agritourism shall be conducted on agricultural
operations having at least 10 acres.
(10)
Lighting. Pole-mounted lights shall not exceed 25 feet in height
and shall be shielded and directed towards the interior of the site.
(11)
Exterior Storage. All exterior storage of items related to the agritourism use that are located within 100 feet of the lot line of a residential use shall be screened in accordance with § 27-803.
(12)
Conversions. All structures constructed for the agritourism
use shall be of the nature that they can reasonably be converted to
accommodate a permitted agricultural use, or shall be removed upon
the close of the activity.
(13)
Temporary Structures. Any structures that are temporary in nature
and are used in conjunction with the agritourism activities shall
be removed not later than 28 days after the last scheduled date of
the activity or event. In the alternative of removing said structures,
said structures may be relocated to a designated and screened storage
area on another portion of the parcel. This provision shall not apply
to utilities and fences.
(14)
Inspections. The operator shall demonstrate that structures
to be occupied by the public shall not pose any danger to life or
safety due to fire, collapse, panic, or similar danger. Life and safety
inspections of grounds and structures are required annually.
(15)
Parking. In addition to all off-street parking spaces required
in connection with the primary agriculture uses, the property shall
provide at least one off-street parking space for every two persons
anticipated to be present in connection with agritourism uses at that
time in a calendar year when the number of such persons is greatest.
(16)
Entrance Paving. The Township may require a paved apron or a
gravel scraping area at any or all entrances/exits to prevent tracking
of mud or debris onto any public roadway, and shall so require a paved
apron or a gravel scraping area whenever the agritourism uses attract
more than 300 vehicles per day on three or more occasions during a
calendar year.
(17)
Collection of Admission or Parking Fees. Any booth or other
structure used for the collection of admission and/or parking fees
shall be set back and arranged to prevent vehicle back-ups on adjoining
roads during peak arrival periods. Any other collection of fees (e.g.,
roaming parking lot attendants) shall be accomplished in a manner
to prevent vehicle back-ups on adjoining roads.
(18)
Retail Sales. The total area allocated to retail sales or the
sale of goods and merchandise, such as souvenirs, gifts, trinkets
and accessory items shall not exceed 4,000 square feet of gross floor
area, excluding storage areas and other areas not accessible by the
general public. Retail sales shall not include the direct commercial
sale of agricultural commodities, as defined and to the extent permitted
in and under the Right to Farm Act [Title 3 P.S. § 952 and
Title 3 P.S. § 953(b)].
(19)
Traffic. The Township may require the applicant to prepare a
plan for controlling traffic and circulation on the site. The Township
may also require the applicant to provide qualified traffic-control
personnel.
(20)
Control of Litter. The Township may require the applicant to
prepare a plan for the removal of litter (on-site and off-site).
(21)
The owner or operator of an agritourism use shall maintain a
current emergency contingency plan and provide the plan to the Township.
[Added by Ord. 2006-3, 9/7/2006]
In consideration of all uses permitted by condition, the applicant
shall demonstrate compatibility and integration with the existing
uses on and the purpose of campus on which the uses will be located.
A.
Restaurant. To provide food service for employees and visitors of
businesses located on site. This could include utilization of kitchen
facilities for instruction of culinary school students and preparation
of food to be served off-premises, commonly known as a catering business.
There shall be no sign visible from a public road and no advertising
to solicit business outside of campus employees. Events that are part
of culinary school programs shall be limited to friends and family
of students that shall visit the site by invitation only.
B.
Office. Limited to operations associated with permitted research,
development and manufacturing operations. Office operations providing
technical support, product support and engineering services shall
also be permitted.
C.
Assembly of Materials Manufactured Elsewhere. This shall include
only products of an electronic or technical nature. Consumer electronics
shall be limited to items weighing less than 10 pounds. Scientific
or medical equipment not available to the general public shall not
be limited in size or weight.
D.
Flexible Building. In the RT District, uses deemed to be in conformance
with the campus concept by the Township shall not constitute multiple
uses within the same building.
E.
Manufacture of Electronic Machines, Supplies and Equipment. This
shall include only products of an electronic or technical nature.
Consumer electronics shall be limited to items weighing less than
10 pounds. Scientific or medical equipment not available to the general
public shall not be limited in size or weight.
F.
College or University Without Dormitories. This shall be limited
to classrooms for technical or scientific training and education.
The use may include science, research and engineering subjects for
degree programs and training in the use of scientific equipment and
instruments. The use shall not include other student services such
as bookstores, student lounges, dormitories or social organizations.
Related offices shall be limited to faculty and an office to administer
on-site activities.
G.
Child Day Care. In addition to the other requirements of the Zoning
Ordinance, the users of this facility will be limited to on-site employees
or those who pass this site on their normal route to employment, thus
generating no additional traffic on public roads.
H.
Conference Center. In the RT District, a conference center shall
be limited to use by or for tenants of the property. Presentations
and events shall not include sporting activities, entertainment, sale
of goods or services or any other presentation or event open to the
general public. Presentations or events shall be conducted primarily
indoors.
