Article XIV Conditional Uses and Uses by Special Exception

The Board of Supervisors shall conduct a public hearing on requests for conditional uses as provided in Section 908(1.2) of the Municipalities Planning Code [53 P.S. § 10908(1.2)]. The Board of Supervisors shall render a written decision, including written findings, within 45 days of the last public hearing. However, the Board of Supervisors shall not approve a conditional use application unless and until:

A written application for conditional use approval is submitted to the Township Administrative Assistant no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

A land development plan as herein defined;

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use;

A map showing and identifying all lots within 200 feet of the property for which conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of the Westmoreland County Tax Assessor's office;

A traffic study, as required by § 250-125 of this chapter;

[e]

The application fee as required by § 250-160 of this chapter.

A written recommendation is received from the Planning Commission or 30 days have passed from the date of the Planning Commission meeting at which the application is first considered for approval.

At least one public hearing is held by the Board of Supervisors pursuant to public notice.

In considering an application for conditional use approval, the Board of Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter.

(2)

Expiration of conditional use approval. Conditional use approval shall expire automatically without written notification from the Township Zoning Officer sent by certified mail to the applicant if no application for an excavation permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

Uses by special exception.

(1)

Approval of uses by special exception.

The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for use by special exception unless and until:

A written application for approval of a use by special exception is submitted to the Township Administrative Assistant. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

A land development plan, as defined herein;

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use;

A map showing and identifying all lots within 200 feet of the property for which use by special exception approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of the Westmoreland County Tax Assessor's office;

A traffic study, as required by § 250-125 of this chapter;

[e]

The application fee, as required by § 250-160 of this chapter.

A public hearing pursuant to public notice (as specified in § 250-150 of this chapter) is held by the Zoning Hearing Board. The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided that the applicant is granted an equal number of additional hearings for rebuttal.

§ 250-109 General standards and criteria.

In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter.

(2)

Expiration of approval of use by special exception. Approval of use by special exception shall expire automatically without written notification from the Township Zoning Officer sent by certified mail to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of the effective date of this chapter, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

In addition to the specific standards and criteria listed for each use in § 250-110, below, all application for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:

The use shall not endanger the public health, safety or welfare nor deteriorate the environment, if it is located on the site where it is proposed.

The use shall comply with the performance standards specified in § 250-112 of this chapter.

The use shall comply with all applicable requirements of Article XVI governing parking and loading; Article XVII governing signs; § 250-113 governing screening and landscaping; § 250-114 governing steep slopes; and § 250-122 governing storage.

Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimize congestion and the impact on local streets.

Site lighting, if proposed, shall be shielded and reflected away from adjacent residential properties and public streets.

§ 250-110 Standards for specific uses.

In addition to the general standards and criteria for conditional uses and uses by special exception listed in § 250-109, above, an application for any of the following uses which are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria listed below:

(1)

Adult business, subject to:

Adult businesses shall include adult book/video stores, adult movie theaters or movie houses and adult live theaters, as defined herein.

Adult businesses, as described herein, shall be permitted only in the I1 and I2 Zoning Districts.

Adult businesses shall not be located within 1,000 feet of any property which is zoned residential or within 1,000 feet of any residence which is a nonconforming use or within 1,000 feet of any structure for which a variance has been granted for a residential use.

Adult businesses shall not be located within 1,000 feet of the property boundary of any existing school, day-care center, hospital, group care facility, personal care boarding home, group home, transitional dwelling, public park or playground, church or establishment which is licensed to serve and/or sell alcoholic beverages.

No adult business shall be located within 500 feet of any other existing or proposed adult business.

Persons or owners who intend to operate an adult business shall obtain from the Township a license to operate and shall pay a license fee, as set from time to time by resolution of the Board of Supervisors, to the Township to defray the cost of investigation. In addition, such persons or owners shall supply to the Township detailed information regarding the ownership and financing of the proposed business as required on the licensing application. Applications for licensing shall be filed with the Township Administrative Assistant.

An adult business shall be licensed initially when it has met the requirements of this section. The license shall be valid through December 31 of the year in which the license was initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Township Administrative Assistant by November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the Township to deny or revoke an occupancy permit for an adult business.

(2)

Car wash, subject to:

All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 250-124 herein for drive-in facilities.

The facility shall be connected to public sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public street.

Any car wash which also dispenses gasoline shall meet all applicable requirements of Subsection A(34) governing service stations.

(3)

Cemeteries, subject to:

A minimum site of 10 acres shall be required.

A drainage plan shall be submitted with the application for the use to show existing and proposed runoff characteristics.

A groundwater study prepared by a hydrologist or registered professional engineer is required.

Plans for ingress and egress shall be referred to local police officials for comments regarding public safety.

All property lines adjoining residential use or zoning classification shall be screened by the Buffer Yard D as defined by § 250-113B of this chapter.

Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements of Article XVI.

All equipment shall be properly stored in an enclosed building when not in use.

No burial sites or structures shall be located within 100 feet from any adjacent property line.

(4)

Public buildings and firehouses, subject to:

The minimum size requirement shall be one acre.

Ingress and egress for police and fire stations shall be located so as to maximize sight distance along adjacent public streets.

Fire stations, police stations and municipal maintenance facilities shall be located on the site so that vehicles and equipment can be maneuvered on the site without interrupting traffic flow or blocking public streets.

All outside storage shall be screened by a minimum eight-foot hedge or opaque fence.

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

Facilities located in residential districts which contain social halls shall cease those operations at 12:00 midnight.

(5)

Collection and recycling facilities, subject to:

Operations shall be regulated so that nuisances such as visual blight, noise, odors, blowing debris and dust shall not be created.

Materials shall be stored in such a manner as to discourage the presence of rodents and other disease-carrying animals. If, after operations commence, the Zoning Officer determines that a rodent problem exists, the operator shall be responsible for taking whatever measures are necessary to rid the premises of said nuisances.

Adequate off-street loading areas shall be provided for loading and unloading of recyclable materials. Under no circumstances shall loading vehicles or other business vehicles be parked on a public right-of-way.

All materials shall be stored within a completely enclosed building or screened from adjacent properties and public rights-of-way with an eight-foot-high opaque fence.

Access shall be directly onto a collector or arterial road with sufficient capacity to handle traffic generated by the facility.

The Board of Supervisors may impose restrictions on access to the facility, hours of operation or other such matters as it deems necessary to insure that there is no adverse impact upon the functioning of the district or adjacent parcels.

(6)

Commercial recreation, subject to:

The minimum site area for stadiums, arenas, amphitheaters, racetracks and similar large facilities which propose maximum occupancy for 5,000 or more persons shall be 25 acres. Other outdoor recreation facilities shall have a minimum site of one acre. Indoor facilities shall meet the minimum lot area required for the zoning district in which the site is located.

The site shall have frontage on and shall have direct vehicular access to an arterial or collector street, as defined by this chapter.

Public water and public sewers shall be available on the site, and the extensions shall be made to provide service to the commercial recreation facilities.

Sanitary facilities available to the public shall be provided which are adequate to serve the maximum number of occupants that the site is designed to accommodate.

Outdoor speakers shall not be permitted if there are dwellings within 1,000 feet of the site in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize the impact on adjoining properties, subject to § 250-113C of this chapter.

Location of buildings and facilities, traffic circulation and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

Any outdoor facility shall be completely enclosed by a fence at least seven feet in height with one or more locking gates which shall remain secured when the facility is not in use.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 12:00 midnight.

Any use which includes a golf course or country club shall be further subject to Subsection A(10).

(7)

Conversion apartments, subject to:

Each dwelling shall contain a minimum of 750 square feet of gross floor area.

Each dwelling unit shall have separate sanitary facilities and separate living, sleeping and kitchen facilities.

The maximum number of dwelling units shall be four units in the same building.

Conversion of basements to dwelling units shall not be permitted.

Safe ingress and egress and adequate turnaround areas shall be provided on the lot for circulation of automobiles owned by the residents.

One off-street parking space shall be provided for each dwelling unit.

All units shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry.

(8)

Day-care center or nursery school, subject to:

The facility shall be licensed by the commonwealth.

Day-care centers and nursery schools in residential zoning districts shall be located only on sites which have frontage on and direct vehicular access to an arterial or collector street.

Ingress to and egress from the site which does not interfere with the free flow of traffic on adjacent streets shall be provided and shall be designed to assure safety and safe areas for discharging and picking up of children.

Outdoor play areas shall be provided and shall be secured by a fence with a self-latching gate.

Outdoor play areas which adjoin residential lots shall be screened by a Buffer Yard D as defined by § 250-113B of this chapter.

The general safety of the site proposed for a day-care center shall be evaluated as it relates to the needs of small children.

Off-street parking shall be provided in accordance with the requirements of Article XVI of this chapter.

(9)

Flex space, subject to:

Off-street parking shall be provided for each of the uses in accordance with the requirements of Article XVI of this chapter.

Off-street parking for offices shall be located within 300 feet of the entrance to the offices.

All materials and equipment shall be stored within a completely enclosed building.

Any site which involves wholesale distribution shall have access to an arterial or collector street, as defined by this chapter.

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Yard A, as defined by § 250-113B of this chapter.

(10)

Golf course or country club, subject to:

Golf courses and country clubs shall have a minimum site of 10 acres.

Clubhouses shall be located at least 100 feet from any property line adjoining a residential zoning district and at least 50 feet from all other property lines.

Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

Operations inside the clubhouse shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m. Outside operations shall be discontinued between 9:00 p.m. and 5:00 a.m.

Buffer Yard C shall be required when the course is adjacent to any residential zoning district.

(11)

Group care facility, personal care boarding home or transitional dwelling, subject to:

The minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for all uses in the district in which the facility is located.

In the R3 District, a group care facility or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector road as defined by this chapter.

No group care facility, personal care boarding home or transitional dwelling shall be established on a site which is within 1,000 feet of another site containing an existing or proposed group care facility, personal care boarding home or transitional dwelling. Two or more buildings housing the same use may be constructed on the same site, however, provided that all applicable requirements of this chapter are met.

Adequate provisions shall be made for access for emergency medical and fire vehicles.

A twenty-four-hour supervisor shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with a self-latching gate.

Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer annually.

(12)

Greenhouse or tree nursery, subject to:

If the greenhouse or tree nursery is open to the public, off-street parking shall be provided based on one space for each 500 square feet of any building or outdoor area where plant material is displayed for sale, excluding growing areas which are not accessible to the general public.

Inventory of landscaping materials shall be stored within a completely enclosed building or shall be screened from public view by a six-foot hedge or opaque fence. Small quantities of landscaping materials offered for sale may be displayed outside an enclosed building.

(13)

Hazardous/nonhazardous waste disposal, treatment, transportation or storage, subject to:

The applicant shall present evidence of valid licenses and/or permits from the Pennsylvania Department of Environmental Protection (PADEP) for the proposed transportation, storage, treatment or disposal of hazardous/nonhazardous waste.

Valid licenses and/or permits from PADEP shall be maintained continuously throughout the operation of any transportation, storage, treatment or disposal of hazardous/nonhazardous waste. Any suspension or revocation of the valid PADEP licenses and/or permits shall result in revocation of Township zoning approval and shall represent a violation of this chapter which shall be subject to the penalty provisions of this chapter.

The applicant shall demonstrate that the proposed transportation, storage, treatment or disposal of hazardous/nonhazardous waste shall not adversely affect any lawful or existing permitted uses of adjacent property.

The applicant shall demonstrate that the proposed transportation, storage, treatment or disposal of hazardous/nonhazardous waste shall not adversely affect any stream or groundwater supply.

The applicant shall show the proposed routes of all trucks to be utilized for hauling, if any, the estimated weights of the trucks and the types of hazardous/nonhazardous waste to be hauled in those trucks. The applicant shall comply with all weight limits on Township roads and shall design the hauling routes to minimize the impact on local roads.

The applicant shall post a bond in an amount determined by the Township Engineer to guarantee restoration of Township roads used for hauling, if any, to guarantee compensation of Township employees and/or emergency medical and fire services for cleanup or abatement of any hazardous/nonhazardous waste spilled or otherwise deposited on roads or properties within the limits of the Township. Any person who intentionally, accidentally or negligently causes any such spill or deposit shall be liable for all costs incurred by the Township, including, but not limited to, traffic control, evacuation, relocation, substance monitoring, establishment of medical care facilities and repair or restoration of Township roads. The applicant shall certify that an ordinary public liability insurance policy in an amount determined by the Township to cover these potential costs either is or shall be in effect during the operation.

Storage areas shall not be outside an enclosed building. The enclosed building shall be constructed of brick or concrete block and shall contain protective separations between different types of hazardous/nonhazardous wastes stored between the storage area and areas devoted to other activities in the building.

The hazardous/nonhazardous waste storage area shall be visibly posted with warning notices and shall be adequately secured at all times to protect public safety.

The minimum site required for storage of hazardous/nonhazardous waste when it is the principal use on a site shall be 25 acres. The minimum site required for storage of hazardous/nonhazardous waste as an accessory use to other principal use on a site shall be one acre.

The minimum site required for treatment and/or disposal sites shall be 100 acres.

Treatment and disposal facilities shall not be located within one mile of an airport, school, community park, hospital, nursing home, church or retail center.

Storage sites, other than those which include treatment or disposal, shall not be permitted within 500 feet of any residence or within 1/4 mile of any church, school, hospital, nursing home, public building, historic structure or municipal park.

Treatment and/or disposal sites shall be adequately secured and shall be visibly posted to protect the public safety. Treatment and/or disposal areas shall be located no closer than 100 feet to any property line and shall be adequately screened by an opaque fence or earthen mound at least eight feet in height or landscaped with a dense, compact, year-round vegetable screen which attains at least eight feet in height within three years of planting.

Any change or expansion of the activity on a site which includes transportation, storage, treatment or disposal of hazardous/nonhazardous waste which is not authorized by the original conditional use approval shall require submission of a new use by special exception application for the changed or expanded activity.

The application for the use by special exception shall include written and graphic materials and a boundary and topographic survey of the property and shall contain the following information:

The location of all existing and proposed buildings and structures on the site.

The proposed location of the hazardous/nonhazardous waste storage area on the site and the distance from all residences located within 500 feet of the proposed storage area and all schools, churches, hospitals public buildings, historic structures, municipal parks, streams, floodplains and protected watersheds within 1/4 mile of the proposed storage area.

The location of any proposed treatment or disposal facility and the distance from all residences within 500 feet and the distance from any airport, school, community park, nursing home, church or retail center within one mile.

The uses of all adjacent properties within 500 feet of the entire perimeter of the property. The names and addresses of all property owners within 500 feet of the entire perimeter of the property.

The location of all access and haulage roads and their intersection with all existing public roads.

A statement from a registered professional engineer certifying that the proposed storage, treatment or disposal of hazardous/nonhazardous waste shall not have a deleterious effect on adjacent land uses, surface water, groundwater or floodplains, if any.

A copy of all applicable PADEP permits or licenses or a copy of the application for such permits or licenses.

The amount and type of performance bond to be posted and the amount and type of liability insurance required in accordance with the requirements of PADEP permits or licenses, if any.

[9]

The duration of the proposed transportation, storage, treatment or disposal activity and whether temporary or permanent.

[10]

The type and amount of hazardous/nonhazardous waste to be stored, the proposed method of storage and the proposed method of treatment or disposal of hazardous/nonhazardous waste at the site, if any.

The applicant shall present evidence from a registered professional engineer or other qualified expert whose credentials are acceptable to the Township to document compliance with these express standards and criteria and whose fee shall be paid by the applicant.

(14)

Home occupation, subject to:

The home occupation shall be carried on by a member of the family residing in the dwelling unit.

In the R1 District, no more than one person shall be employed in the dwelling who is not a resident of the dwelling. In all other zoning districts where home occupations are authorized, no more than three persons who are not residents of the dwelling shall be employed in the dwelling as part of the home occupation. In either case, employees may report to the site of the home occupation, provided that they do not work on the premises.

In the R1 District, the home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure in the R1 District. In all other zoning districts where home occupations are authorized, the home occupation may be carried on in either the principal dwelling or in an accessory enclosed structure to the principal dwelling.

In the R1 District, no more than 20% of the total floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

Articles not produced on the premises shall not be sold on the premises.

There shall be no display of merchandise available for sale on the premises outside the building; however, merchandise may be stored on the premises for delivery off the premises.

Exterior displays or signs other than those permitted in Article XVII, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 250-112 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic which is normal for the residences in the neighborhood.

The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for the residences of the neighborhood.

The use shall not cause a negative impact on property values in the immediate neighborhood.

The home occupations shall not involve the regular delivery of materials or supplies to or from the premises by tractor trailer. Commercial vehicles, as defined by this chapter, shall not be parked on the premises.

In the R1 and RC Districts, the following uses shall not be permitted as home occupations, and these uses shall be permitted only in the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

Beauty shops or barbershops containing more than two chairs.

Boarding stables.

Clinics, hospitals or nursing homes.

Funeral homes.

Kennels, veterinary offices or clinics; pet grooming.

Private clubs.

Private instruction to more than three students at a time.

Restaurants or tearooms.

[9]

Stables.

[10]

Tourist or boarding homes or bed-and-breakfasts.

[11]

Vehicular equipment rental, repair or sales.

[12]

Vehicle repair garages, as defined by this chapter.

[13]

Other similar uses when determined to be inconsistent with the foregoing standards and criteria for home occupations.

In the R2 District, the following uses shall not be permitted as home occupations and shall be permitted only in those districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

Boarding stables;

Clinics, hospitals or nursing homes;

Funeral homes;

Private clubs;

Restaurants and tearooms;

Tourist or boarding homes or bed-and-breakfasts with more than four rental rooms;

Vehicle or equipment rental, repair or sales, except lawn mower and small engine repair;

Vehicle repair garage, unless the home occupation is located at least 500 feet from any occupied dwelling on an adjoining lot;

[9]

Other similar uses when determined to be inconsistent with the foregoing standards and criteria for home occupations.

Day-care homes, as defined by this chapter, shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:

Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.

A safe area which does not obstruct the free flow of traffic on any public street shall be provided for dropping off and picking up children.

Off-street parking shall be provided in accordance with the requirements of Article XVI.

(15)

Horse boarding or riding academies, subject to:

Such use shall be accessory to a farm, as defined by this chapter or, when proposed as a principal use, shall have a minimum site of five acres.

Such use shall be subject to § 250-118 of this chapter.

All property lines adjoining a single-family dwelling on a lot which is less than two acres or adjoining any property which is zoned R1 or R3 shall be screened by a Buffer Yard C, as defined by § 250-113B of this chapter.

All training areas shall be adequately fenced to protect adjoining properties.

(16)

Hospital, clinic or nursing home, subject to:

The minimum site area required for a hospital shall be five acres. The minimum site area required for a clinic or nursing home shall be one acre.

The site shall be served with public water and public sewer.

All hospitals and nursing homes shall be licensed by the Commonwealth of Pennsylvania.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Township Engineer for comments regarding safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Yard B as defined by § 250-113B of this chapter.

A private use helipad, if proposed as part of a hospital, shall meet standards of Subsection A(29) of this section.

(17)

Junk/salvage yard, subject to:

The minimum site size shall be 10 acres.

The premises shall be maintained so as not to constitute a nuisance or a menace to public health and safety.

No garbage, hazardous/nonhazardous materials or hazardous/nonhazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.

The operator shall file an inventory of the types of materials stored on the premises with the Township Fire Department and the Westmoreland County Emergency Management Coordinator.

The manner of storage of junk/salvage or other materials shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent accumulation of stagnant water.

Junk/salvage yards shall comply with the performance standards of § 250-112.

No junk/salvage shall be stored or accumulated and no structure shall be constructed within 100 feet of any dwelling unit or within 40 feet of any property line or public street.

The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with self-latching gate.

The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

All property lines adjoining residential use or zoning district classification shall be screened by a Buffer Yard A, as defined by § 250-113B of this chapter.

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as not to be visible from the adjoining public streets.

The operator shall obtain a license from the Township prior to initiating operations which shall be renewable annually upon payment of a license fee established by resolution of the Board of Supervisors and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

(18)

Kennel or veterinary clinic, subject to:

The minimum site area for a kennel or veterinary clinic shall be one acre.

Outdoor kennels shall be located at least 200 feet from any property line adjoining residential use or zoning classification and at least 50 feet from any other property line.

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with self-latching gate and shall be screened by Buffer Yard C as defined by § 250-113B of this chapter.

The premises shall be maintained so as to prevent the accumulation of offal and control objectionable odors.

(19)

Landfill, transfer station, incinerator or resource recovery facility, subject to:

The minimum site area shall be 95 acres for a landfill and 50 acres for a transfer facility, incinerator or resource recovery facility.

The site shall have frontage on and shall have direct vehicular access to an arterial or collector road, as defined by this chapter.

The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from any state, county or Township street.

A tire-washing station shall be located on the site to service trucks exiting the facility.

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county and Township streets and shall design the hauling routes for operation to minimize the impact on local roads within the Township.

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount required by Chapter 241, Vehicles and Traffic, § 241-34, of the Code of the Township for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street reconstruction.

Landfill or transfer station operations shall not be conducted within 500 feet of any property line adjoining residential use or zoning district classification. Incinerator and resource recovery facilities shall not be located within 1,000 feet of any residential building.

All property lines adjoining residential use or zoning district classification shall be screened by a Buffer Yard A as defined by § 250-113B of this chapter. The buffer yard shall be comprised of a combination of earthen mounding covered with grass or other ground cover and the required plantings.

Fencing at least eight feet in height shall be provided around any work area for security and to control windblown refuse.

The applicant shall show compliance with applicable state and federal laws regulating landfills, transfer facilities, incinerators and recovery facilities.

The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PADEP) and/or the U.S. Environmental Protection Agency prior to initiating any operation.

The required state or federal permits shall be maintained throughout the duration of all operations.

Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of the zoning certificate or enforcement of the penalty provision of this chapter, or both.

In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and required state or federal permits.

(20)

Mineral removal, subject to:

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

Mineral removal shall be prohibited in watershed of rivers or streams now or hereafter designated by the Pennsylvania Fish and Game Commission as a Wilderness Trout Stream, by the Pennsylvania Department of Environmental Resources as a part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public road, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with the law.

No mineral removal shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

No mineral removal shall be conducted within 100 feet of a cemetery.

No mineral removal shall be conducted within 300 feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

Lawful existing or permitted use of adjacent properties;

The quality or adequacy of any public or private water supply source;

Any flood-prone or landslide-prone areas within the Township.

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures and shall not substantially diminish underground water resources.

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all time when blasting is performed, which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

The applicant shall provide reclamation plans for the site which demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on the state, county and Township roads and shall design the hauling routes for mineral removal operation to minimize the impact on local roads with the Township.

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operation in the amount required by Chapter 241, Vehicles and Traffic, § 241-34, of the Code of the Township for each mile of Township street or portion thereof proposed to be traversed for removing minerals from the site. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, any backfilling and any reconstruction of a damaged roadway due to weight in excess of the posted weight for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township streets which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street reconstruction.

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work or maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

Approval of the special exception shall expire if work authorized in the application for the special exception is not commenced within 90 days of the date of approval of the application by the Board of Supervisors unless the applicant submits a written request for an extension prior to the expiration of the 90 days after the date of approval.

Once work is initiated under an approved application for a special exception, zoning approval shall be valid for a period of time one year from the date of special exception approval by the Board of Supervisors. An application for renewal of zoning approval must be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the special exception and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation. Upon expiration or revocation of zoning approval for special exception, the applicant may reapply for approval of the special exception.

During the mineral removal operation, the Township Engineer may inspect the site at the request of the Township to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

(21)

Mobile home park, subject to:

The minimum site area required for a mobile home park shall be five acres.

The site of a mobile home park shall be serviced by public water or PADEP-approved private water system and public sewers or PADEP-approved private sewage disposal system.

The site of a mobile home park shall have frontage on and shall have direct vehicular access to an arterial or collector street.

Maximum dwelling unit density shall not exceed 10 mobile home units per acre. Dwelling unit density shall be calculated on net site area, excluding all areas devoted to streets, common open space, recreational and other common facilities.

The minimum lot area for mobile home lots shall be:

At least 75% of the mobile home lots shall be a minimum of 3,000 square feet in area.

No more than 25% of the mobile home lots shall be a minimum of 2,500 square feet in area.

The minimum width of a mobile home lot shall be 40 feet.

The minimum distance between mobile homes, measured either end-to-end or side-to-side, shall be 25 feet.

All mobile homes shall be set back a minimum of 10 feet from any interior street within the mobile home park, whether public or private.

All mobile homes shall be set back a minimum of 30 feet from the perimeter boundary of the mobile home park site.

Skirting. Each mobile home shall be skirted with an enclosure of compatible design and material. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.

Support and anchoring. Individual mobile homes shall be placed upon suitable supports to insure that the unit will remain level and free from structural damage. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind force. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A129.3-1975).

Common facilities. No less than 10% of the mobile home park site shall be devoted to common facilities for passive and active recreation limited to use by the residents of the mobile home park. Such common facilities may include, but shall not be limited to, community clubs, swimming pools, tennis courts, parks, playgrounds, shelters, hiking trails, hobby areas, laundries and service buildings for resident use.

Screening. All property lines adjoining residential use or zoning district classification shall be screened by a Buffer Yard A, as defined by § 250-113B of this chapter.

Sidewalks at least three feet in width shall be provided along at least one side of the interior street and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).

Parking shall be provided based on the ratio of two parking spaces per mobile home, one of which shall be required to be on the mobile home lot and one of which may be located in a common parking area which shall be located within 300 feet of the mobile home it is intended to serve.

Interior streets shall be lighted in accordance with the requirements of the Township Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 223, Subdivision and Land Development.

Interior streets to be dedicated to the Township shall be constructed in accordance with the design standards of the Township Subdivision and Land Development Ordinance.

Interior streets which are not to be dedicated to the Township in accordance with Township subdivision regulations shall be constructed in accordance with the following standards:

One-way minor streets serving fewer than 20 lots shall have a minimum paving width of 14 feet. Two-way minor streets serving fewer than 20 lots shall have a minimum paving width of 16 feet.

All other one-way streets within the mobile home park shall have a minimum paving width of 16 feet where on-street parking is prohibited and shall have a minimum paving width of 20 feet where on-street parking is permitted.

All other two-way streets within the mobile home park shall have a minimum paving width of 20 feet where on-street parking is prohibited and shall have a minimum paving width of 22 feet where on-street parking is permitted.

(s)

The mobile home park shall comply with other requirements of the Township Subdivision and Land Development Ordinance.[2]

Editor's Note: See Ch. 223, Subdivision and Land Development.

(t)

Every mobile home lot shall be clearly identified by permanent marker posted in a conspicuous place on the lot which indicates the lot number.

(22)

New and used vehicle sales, subject to:

The minimum site area shall be two acres.

The site shall have frontage on and shall have direct vehicular access to an arterial or collector street.

The area used for display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved with materials approved by the Township Engineer.

All lots used for the outdoor display of automobiles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected from adjacent streets and properties.

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.

No strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any of the structures or poles or on merchandise displayed outdoors, except for such signs as may be otherwise allowed by Article XVII of this chapter.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

Customer vehicles with external damage awaiting repairs shall be located either inside a building or on an outdoor area which is screened by an eight-foot hedge or opaque fence.

Buffer Yard A, as defined by § 250-113B of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(23)

(Reserved)

(24)

Pilot manufacturing accessory to research and development, subject to:

Pilot manufacturing shall be permitted only as an accessory use when it is directly related to research and development activities authorized as permitted principal use in the zoning district.

The floor area devoted to pilot manufacturing shall not exceed 25% of the total floor area of all buildings devoted to research and development.

All materials and equipment shall be stored within a completely enclosed building.

The use shall comply with all performance standards specified in § 250-112 of this chapter.

The storage or manufacture of hazardous or potentially hazardous materials shall be in accordance with the regulations of the U.S. Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (PADEP).

(25)

Planned industrial park, subject to:

The minimum site area required shall be five acres.

Once the improvements are completed in an approved planned industrial park, lots within an approved and recorded planned industrial park may be sold and developed as independent entities for any authorized use in the district.

The site shall be designed so that properties adjacent to the planned industrial park shall not be adversely affected.

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the planned industrial park is located shall be permitted in the planned industrial park.

The planned industrial park shall be consistent with the purpose of this chapter and the zoning district in which it is located.

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common access where necessary.

The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

Buffer Yard A, as defined by § 250-113 of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(26)

Planned office park, subject to:

The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

The minimum site area required shall be five acres.

Once the improvements are completed in an approved planned office park, lots with an approved and recorded planned office park may be sold and developed as independent entities for any authorized use in the district.

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the planned office park is located shall be permitted in the planned office park.

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common access where necessary.

The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

The entire perimeter of a planned office center site shall be screened by the buffer yards specified by § 250-113 of this chapter to provide the separation required between the adjoining uses.

If a private use helipad is proposed, the helipad shall be subject to the additional standards and criteria contained in Subsection A(29) of this section.

(27)

Planned shopping center, subject to:

The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

The minimum site area required shall be five acres.

Once the improvements are completed in an approved planned shopping center, lots within an approved and recorded planned shopping center may be sold and developed as independent entities for any authorized use in the district.

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the planned shopping center is located shall be permitted in the planned shopping center.

The entire perimeter of a planned shopping center site shall be screened by the buffer yards specified by § 250-113 of this chapter to provide the separation required between the adjoining uses.

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common access where necessary.

The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

(28)

Public parking lot.

Any structure erected on the parking lot shall comply with the yard requirements for a principal structure in the specific zoning district.

The paved portion of the lot shall remain a minimum of 10 feet from the side property lines.

Buffer Yard C is required in the ten-foot area between the paved area and the property line.

The parking lot shall be constructed of an impervious surface and a stormwater plan will need to be submitted for review by the Township Engineer.

The parking lot shall have a defined entrance and exit. If the lot enters from or exits to a state roadway, a state highway occupancy permit will be necessary.

All parking spots shall have a minimum dimension of nine feet by 18 feet.

All parking spots shall be clearly delineated.

If the parking spots are aligned at 90°, there shall be a minimum aisle width of 24 feet. If the spots are aligned at less than 90°, there shall only be one-way traffic flow.

(29)

Private use helipad, subject to:

Except for helipads accessory to hospitals, helipads shall be located at least 250 feet from any residential property line and at least 50 feet from any other property line, street right-of-way line or building (except for the building on which a rooftop helipad is located).

Helipads accessory to a hospital shall be limited to use by emergency vehicle and health system personnel.

Temporary landing sites identified in the Township for use only by medical emergency vehicles shall not be subject to the requirements of this Subsection A(29).

Only one private use helipad shall be authorized for each planned office park, regardless of the number of businesses located in the planned office park.

Any existing light industrial use which is a legal nonconforming use may apply for approval of a private use helipad, subject to the requirements of this section, provided that the total area of the site devoted to the nonconforming use is 10 acres or more.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration and Pennsylvania Department of Transportation, Bureau of Aviation, shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.

The helicopter landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.

An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

Lighting shall be shielded away from adjacent properties.

(30)

Public and noncommercial recreation, subject to:

The minimum site of one acre shall be required.

Any principal structures shall be located at least 40 feet from any property line.

Parking shall be provided in accordance with Article XVI.

Screening by Buffer Yard B, as defined by § 250-113B of this chapter, shall be provided along with property lines adjoining residential use or zoning district classification.

All lighting shall be shielded from adjacent streets and properties.

The use shall comply with the performance standards of § 250-112.

Any facility located within 200 feet of a property line adjoining a residential use or zoning classification shall cease operations at 12:00 midnight.

(31)

Research and development, subject to:

The applicant shall provide a written report prepared by a registered engineer certifying compliance with the performance standards specified in § 250-113 of this chapter.

Research and development activities shall not involve the full-scale manufacturing of any product being tested or engineered. Pilot manufacturing associated with research and development shall be subject to the requirements of Subsection A(24).

All research and development activities shall be conducted entirely within an enclosed building, unless the nature of the research and development requires that the activity be conducted outside, in which case the area devoted to the research and development activity shall be screened from view by a minimum eight-foot hedge or opaque fence.

All materials and equipment shall be stored within a completely enclosed building.

The storage or use of any hazardous or potentially hazardous materials shall be limited to those materials required to be used by, or produced in connection with, the research and development activity. The transportation, handling, use and disposal of such materials shall conform to all applicable Federal Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (PADEP) regulations and permit requirements.

(32)

Apartment above a retail business or office, subject to:

The lot shall meet the minimum lot area requirements of the district and, in addition, shall provide a minimum of 1,500 square feet of lot area per dwelling unit.

Dwelling units shall have a minimum habitable floor area of 780 square feet.

Dwelling units in basements shall not be permitted.

Off-street parking shall be provided on the lot in accordance with the ratios for each use specified in Article XVI of this chapter. Shared parking for residential and commercial uses shall not be permitted.

A minimum of 500 square feet of usable yard area shall be provided for the enjoyment of the residents of the dwelling unit. The usable yard area shall be screened from adjacent commercial uses or parking areas by Buffer Yard D, as defined by § 250-113B of this chapter.

(33)

Restaurant in a planned office park or planned industrial park in the I1 District, subject to:

Restaurants shall be permitted either in an office building located in a planned office park or in a freestanding principal building on the site of a planned office park or planned industrial park.

Off-street parking for the restaurant shall be provided in accordance with the requirements of Article XVI of this chapter for the use. Off-street parking for the restaurant shall be clearly designated and shall be located within 300 feet of the entrance to the restaurant.

Two separate business identification signs regulated by Article XVII of this chapter shall be permitted for the restaurant. One wall sign shall be permitted and one ground sign shall be permitted, provided that neither sign exceeds 32 square feet in surface area.

(34)

Automobile service station, subject to:

All minor repair work, vehicle washing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

All automobile parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

All vehicles awaiting repair shall be stored on site in approved parking spaces and, under no circumstances, shall said vehicles be stored on or obstruct access to a public right-of-way.

Canopies over gasoline pumps shall be subject to the requirements of § 250-115C(8).

Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

All fuels, oils or similar substances shall be stored at least 25 feet from any property line.

All lighting shall be shielded and reflected away from adjacent properties and streets.

Buffer Yard A, as defined by § 250-113B of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(35)

Self-storage buildings in the C3 District, subject to:

The minimum site area required shall be two acres.

The site shall have direct vehicular access to an arterial or collector road, as defined by this chapter; however, the street which provides access to the site shall not have a majority of the lots fronting on the street developed for existing single-family dwellings.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial street or collector street on which the site has frontage and which meets the requirements of Subsection A(35)(b), above.

All one-way driveways shall have a minimum of one ten-foot parking lane plus one eighteen-foot travel lane.

All two-way driveways shall provide a minimum of one ten-foot parking lane plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

Parking requirements shall be provided in accordance with the following requirements:

Two spaces for the manager's quarters.

One space for each 10 units equally distributed throughout the storage area.

One space for each 25 storage units, which spaces shall be located near the manager's quarters to be used by prospective clients.

Buffer Yard A shall be provided in accordance with the requirements of § 250-113 of this chapter along all property lines which adjoin residential use or zoning classification.

The perimeter of the site shall be fenced with a minimum eight-foot fence with self-latching gate. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

The maximum building height shall be 20 feet.

The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

The maximum length of any storage building shall be 200 feet.

The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and one story and no more than 20 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

Maximum lot coverage by all buildings shall be 40%.

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

No storage shall take place outside of an enclosed building.

Storage units shall not be equipped with water or sanitary sewer service.

(s)

No business activity other than rental or storage units shall be conducted on the premises.

(t)

Operations shall be regulated so that the nuisances, such as visual blight, glare, noise, blowing debris and dust, shall not be created.

(u)

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(v)

The design of the storage buildings shall be sealed by a Pennsylvania registered architect.

(w)

No sign shall be placed on the buildings or their rooftops. One freestanding business identification sign shall be permitted which complies with the requirements of Article XVII of this chapter for the zoning district in which the use is located.

(x)

No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Township building and fire codes. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Township building or fire codes.

(y)

A minimum of one fire hydrant shall be provided on the site subject to the approval of the number and location of hydrants by the Township Fire Departments. The facility shall comply with all local fire codes.

(36)

Single-family dwellings in the I1 District, subject to:

New construction of a single-family dwelling in the I1 District shall only be permitted on a lot of record in a plan of subdivision in existence at the date of adoption of this chapter. No new plan of subdivision shall be permitted to be recorded.

Area and bulk regulations for single-family dwellings shall be the same as the requirements for single-family dwellings in the R2 District.

A single-family dwelling and the lot upon which it is located shall not contain any mixed uses. Any property that is developed for single-family residential use shall not be used for other nonresidential uses authorized in the I1 District.

Additions or alterations to existing single-family dwellings in the I1 District shall not require conditional use approval.

(37)

Supporting commercial uses in a planned office park in the I1 District, subject to:

Supporting commercial uses in a planned office park in the I1 District shall be permitted only in a principal building located in the park which is devoted to professional or business office.

Supporting commercial uses in a principal building in a planned office park which is devoted to professional or business offices shall be limited to the following uses:

Sale of office supplies and equipment;

Travel agency;

Pharmacies, if related to medical offices or clinics;

Sale of medical supplies and equipment, if related to medical offices or clinics;

Newsstand or tobacco shop;

Card and gift shop or stationery store;

Florist;

Delicatessen or sandwich shop providing either sit-down or take-out service, primarily for the convenience of the employees in the planned office park.

Supporting commercial uses shall be limited to the ground or first floor of any office building in the planned office park and shall not be permitted in any other freestanding principal or accessory building.

The total floor area devoted to supporting commercial uses shall not exceed 15% of the total floor area devoted to office use in the planned office park.

The maximum net floor area devoted to any single supporting commercial use establishment shall be 5,000 square feet.

Off-street parking shall be provided for the supporting retail businesses in accordance with the following ratio: one space for each 300 square feet of gross floor area.

A separate business identification sign provided for by Article XVII of this chapter shall be permitted for the supporting commercial uses, provided that the sign shall be wall-mounted and shall not exceed 24 square feet of gross surface area.

(38)

Manufacturing, other than light manufacturing, subject to:

The applicant shall present written documentation from a qualified expert that the proposed manufacturing process shall comply with all performance standards of § 250-112 of this chapter.

Any manufacturing activity not specifically listed in the definition of light manufacturing shall be authorized subject to a review of the impacts of the proposed activity on surrounding properties and land uses. The following factors shall be considered, at a minimum:

The raw materials used;

The type of equipment and processes involved;

The environmental impacts of the activity;

The number of employees and the floor area devoted to manufacturing;

Activities which require permits from federal, state or county agencies;

The use, storage or generation of hazardous materials on the site.

Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.

Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.

Buffer Yard A, as required by § 250-113 of this chapter, shall be provided along all property lines which adjoin a residential use or zoning classification. Buffer Yard B, as required by § 250-113 of this chapter, shall be provided along all property lines which adjoin commercial or light industrial uses or zoning classifications.

(39)

Temporary uses or structures other than temporary dwellings or construction trailer, subject to:

Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period not exceeding 72 hours shall not be subject to the provisions of this Subsection A(39). Any such activity exceeding 72 hours in duration shall be subject to approval under this Subsection A(39).

Approval for temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for a temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided that all conditions of the approval are maintained.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures which are proposed to be accessible to the public shall provide parking in accordance with the requirements of Article XVI for the proposed use.

Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the site and not impede the free flow of traffic for any other permanent use or structure on the site.

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all applicable area and bulk regulations for the zoning district in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the site.

(40)

Vehicle repair garage or heavy equipment repair, subject to:

Such use shall not be located within 100 feet of any property line adjoining a residential use or zoning classification.

Buffer Yard A, as defined by § 250-113B of this chapter, shall be provided along all property lines adjoining a residential use or zoning classification.

Any storage of parts or dismantled vehicles outside an enclosed building shall be screened from view from adjoining streets and properties by a compact evergreen hedge at least six feet in height.

All repair work shall be performed within an enclosed building which has adequate ventilation and fire protection provisions.

All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

Vehicles or equipment awaiting repair shall be kept in an enclosed building or in an outdoor area which is screened by a six-foot hedge or opaque fence.

The premises shall be kept clean and shall be maintained so as not to constitute a nuisance or menace to public health and safety.

(41)

Wholesale sales in conjunction with retail business, subject to:

Any site which involves wholesale distribution shall have direct access to an arterial or collector street, as defined by this chapter. Lots which have been approved as part of a planned industrial park which has direct access to an arterial or collector street shall be considered to have such access even though they are located within the interior of the planned industrial park.

All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by an eight-foot compact hedge or opaque fence.

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

All shipping and receiving facilities adjoining a residential use or zoning classification shall be screened by Buffer Yard A, as defined by § 250-113B of this chapter.

Wholesale sales shall not exceed 25% of the gross sales of the retail business.

The gross floor area devoted to wholesale warehousing shall not exceed the gross floor area devoted to the retail business.

(42)

Comparable uses not specifically listed, subject to:

Uses of the same general character as any of the uses authorized as permitted uses by right or uses by special exception in the zoning district shall be allowed if the Zoning Hearing Board determines that the impact of the proposed use on the environment and the adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

The number of employees;

The hours of operation;

The floor area of the building or the gross area of the lot devoted to the proposed use;

The type of products, materials, equipment and/or processes involved in the proposed use;

The magnitude of the walk-in trade;

The traffic, noise and other environmental impact and the ability of the proposed use to comply with the performance standards of § 250-112.

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall comply with all applicable express standards and criteria specified in this article for the most nearly comparable use by special exception specifically listed in the zoning district in which it is proposed.

The proposed use shall be consistent with the purpose statement of the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

(43)

Supply yard, subject to:

The minimum site required shall be two acres.

Outdoor display areas and equipment storage areas shall be secured by a fence that is a minimum of eight feet in height. In addition, these display and storage areas shall be screened from any adjoining residential property by a six-foot compact hedge placed outside of the fence.

All outdoor display areas and equipment storage areas shall be located a minimum of 25 feet from any property line adjoining a residential use or residential zoning classification.

Contractors' supply yards may also include an office for the conduct of business. Builders' or other supply yards involving retail or wholesale sales shall include a completely enclosed building for the conduct of the business.

Adequate paved access and maneuvering facilities for loading and unloading trucks shall be provided so that trucks shall not back onto or stand on the public right-of-way and dirt, debris or excess materials shall not be deposited on any public right-of-way.

Any facility located on a lot where any lot line is located within 200 feet of any existing dwelling shall cease operations between dusk and dawn, prevailing time.

Buffer Yard A, as defined by § 250-113B of this chapter, shall be provided along all property lines adjoining a residential use or zoning classification.

(44)

Recreational vehicle park, subject to:

The minimum site required shall be 15 acres.

The minimum berth or parking space assigned to each recreational vehicle shall be at least 30 feet wide and shall have an area of at least 1,500 square feet.

Electric, water and sanitary facilities shall be provided on the site. Water and sanitary facilities shall meet the requirements of the Pennsylvania Department of Environmental Protection (PADEP).

Permanent foundations for recreational vehicles shall not be required.

The perimeter of the recreational vehicle park shall be screened by Buffer Yard B, as required by § 250-113A of this chapter.

A perimeter setback of 100 feet shall be provided along all property lines which adjoin an R Residential District.

No recreational vehicle shall be occupied as a permanent year-round residence.

A minimum of 20% of the total area of the site shall be maintained on open space.

Within the open space, recreational facilities appropriate to the size of the park shall be provided by the operator subject to approval of the Township.

Common facilities, such as bathhouses, laundries, waste disposal facilities and the like, shall be provided by the operator. Their size and location shall be approved by the Township based on the size of the proposed recreational vehicle park.

(45)

Bed-and-breakfast, subject to:

All applicable lot area, lot width, yard and building coverage requirements for a single-family dwelling in the zoning district shall be met.

Off-street parking, in addition to the parking spaces required for the single-family dwelling, shall be provided based on the requirement of one parking space for each bedroom offered to overnight guests.

No meals, other than breakfast, shall be served on the premises; however, food may be prepared for guests to carry off the premises.

No more than four bedrooms shall be offered for rental to overnight guests.

The maximum length of stay for any guest at any one visit shall be 90 days.

Off-street parking shall be located in the rear or side yard and shall be screened from adjoining residential properties by a six-foot-high dense evergreen hedge.

One identification shall be permitted, attached to the wall of the dwelling or freestanding in the front yard, provided that the sign shall be nonilluminated and shall be no greater than six square feet in surface area.

(46)

Townhouses and garden apartments in the Riverfront Conservation District, subject to:

The maximum number of dwelling units in any one townhouse building shall be five.

The maximum number of dwelling units in any one garden apartment building shall be 12.

The design and orientation of the residential buildings shall maximize the preservation of the environmental features of the site and shall take advantage of the views and recreational opportunities afforded by the riverfront location.

(47)

Recreational vehicle (RV) sales and service. In order to ensure compatibility of said proposed use with established adjacent land uses, the following conditions shall be applicable a RV sales and service use:

[Added 6-10-2013 by Ord. No. 02-2013]

A site plan, landscape plan, photometrics plan and building elevation(s) shall be submitted as part of an application for conditional use.

All recreational vehicle sales and service facilities shall have a minimum lot area of five acres.

Recreational vehicles (RVs) related to the lot (either under service or as part of the sales and display) cannot block any public right-of-way or sidewalk.

The following setbacks shall be applicable to the site.

Building.

Setback of 75 feet from the front lot line; and

Setback of 40 feet from the side and rear lot lines.

Vehicles (RV or regular vehicles) of employees, customers or as part of the sales shall not be parked within 35 feet of any lot line.

Recreational vehicle sales and service facilities shall have no more than two total points of ingress/egress to a public arterial road. No approval for a recreational vehicle sales and service conditional use shall be permitted until the applicant submits an approved highway occupancy permit (HOP) to the Township.

All publically accessible areas for customer parking, service, areas of ingress and egress shall be paved with hard paved material. All other areas used for RV sales shall be on a surface free from weeds or other vegetative growth. This generally means crushed rock with a weed barrier fabric, at minimum. When a surface other than blacktop or concrete is used, all loose material must remain within the parking area, and not be deposited on adjacent lots, sidewalks or public rights-of-way.

Paved off-street parking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to insure that the traffic flow on public rights-of-way is not endangered in any way. For every 10 display spaces, an eight-foot-wide access aisle shall be provided. Access aisles must be perpendicular to the cartway between the display spaces.

A traffic impact study, in accordance with § 250-125D, shall be required as a condition of the approval.

The premises shall be surrounded by a minimum of a thirty-five-foot-wide landscape buffer. Bufferyards shall be planted with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and ground covers. Each row of planting required for a buffer yard shall consist of a mixture of deciduous trees 30% and evergreen trees 70%. The required trees in a bufferyard shall be supplemented by a continuous low-level screen which shall be a minimum of four feet in height at the time of installation and comprised of a combination of hedges, shrubs and landscaped earthen mounds. Lawn/turf is not an acceptable bufferyard material. Existing tree vegetation greater than three inches in diameter at breast height within a rear yard shall be permissible to be credited toward the required bufferyard planting.

Applicants may also include a fence not to exceed eight feet in height. When a fence is included in the bufferyard, buffer width shall be 40 feet wide. The opacity of the fence shall be a maximum of 25% opaque. The fence shall be located at the midpoint of the bufferyard's width. To complement surrounding land uses, 2/3 of the required landscape buffer shall be located between the fence and the public right-of-way.

Dumpsters and service areas shall be screened with landscaping or fencing/walls at a minimum opacity of 95% from the public right-of-way and not conflict with off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.

All authorized repair and service work, car washing and lubrication shall be conducted in accordance with the applicable sections of this chapter, including, but not limited to, § 250-110A(2) and (34).

All automobile parts and accessories, dismantled vehicles and similar materials shall be stored in accordance with § 250-122.

All buildings used for sales and service shall not exceed 15,000 square feet, shall be on a permanent foundation and shall be constructed of clay or concrete modular units as the predominate facing material used in construction of the sales and service facility.

RVs equipped with propane or liquefied petroleum gas containers shall meet the standards of the Pennsylvania Department of Labor and Industry. Valves or gas containers shall be closed when the vehicle is stored, and, in the event of leakage, immediate corrective action must be taken.

All fuel, oil and other flammable substances stored on site shall abide by the regulations for building setbacks defined in Subsection A(47)(d) above. A storage tank with a maximum capacity of 5,000 gallons can be kept on site to fuel vehicles displayed and/or serviced on site.

Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.

One business identification sign not exceeding 30 square feet shall be permitted to be erected upon the premises. Maximum height shall be 10 feet as measured from the lowest point where the sign is affixed to the ground. No streamers, banners, balloons, powered/unpowered aerial-oriented decorations or the like, with or without graphic content/messages and serving temporary or permanent purposes, shall be permitted on the lot.

(s)

Exterior lighting shall not exceed 1.5 footcandles at any location on the lot. The exterior of the lot shall have a maximum average of 0.5 footcandle over the course of a day. All outdoor areas with exterior lighting shall be reduced to 0% luminosity between the hours of 12:00 midnight and 7:00 a.m. If security lighting is used between 12:01 a.m. and 6:59 a.m., said lighting shall not exceed 0.25 footcandle at any location on the lot. Light poles shall be 30 feet in height, maximum, and shall be of the high-cutoff type, so illumination is directed to the ground and without spillover. At all times, footcandle levels shall be at zero at the lot line.

(48)

Wineries:

[Added 5-9-2016 by Ord. No. 01-2016]

Purpose.

The intent is to promote the orderly development of wineries within the Township and ensure their compatibility with surrounding land uses in order to protect the public health and safety and natural and visual resources.

The primary purpose of the winery shall be to process wine grapes grown on the winery premises or purchased grapes or juice.

Retail sales of wine grape products shall be limited to those produced by the winery operator or bottled or grown on the winery premises.

Development criteria. Wineries, including processing, distribution, and sale of wine grapes and wine grape products grown, that comply with all of the following criteria may be allowed subject to the approval of a conditional use:

R2 District:

The winery is located on premises used for agricultural purposes.

The winery is operated in connection with the processing of wine grapes grown on the premises or purchased grapes or juice.

For every 5,000 standard cases or equivalent volume of wine produced, there shall be at a minimum one acre of vineyard planted on the winery premises.

The winery may include a tasting room.

Nonresidential districts:

Wine grapes may be grown and/or purchased.

The winery may include a tasting room.

Setbacks. Structures and outdoor use areas associated with a winery shall comply with the setbacks of the zoning district.

Access/street addressing.

Access to the winery premises and accessways within the winery premises shall be designed to the satisfaction of the Township, county and/or state, as applicable, and shall comply with the applicable road and driveway standards and requirements. Ingress and egress shall be clearly marked and visible, and turning movements into the premises shall not create congestion or unnecessary slowing at access points. The ingress and egress shall be paved 20 feet from the juncture of a state or Township road.

Existing roads shall be utilized to the maximum extent feasible in order to minimize grading, site disturbance, and the loss of agricultural land.

Parking.

The number, size, location, and design of required parking spaces shall comply with the standards of § 250-129C.

The visibility of parking areas associated with the winery from public roads shall be minimized through the use of landscaping and other devices.

The number of parking spaces shall be permanently maintained on the winery premises. The Township may modify the number of required spaces based on site-specific considerations. Oversize parking spaces to accommodate bus/limousine parking are only required for wineries that are open to public tours.

Parking shall not be allowed within an adjoining road right-of-way.

Parking areas shall be surfaced with a minimum of asphalt, concrete, brick, or other masonry paving units, chip seal, or crushed rock surface. Parking spaces on paved surfaces shall be marked with paint striping a minimum of two inches in width. Parking spaces on other types of surfaces shall be marked by the use of concrete wheel-stop barriers, timber, or other durable material, that is securely installed and fastened to the parking surface. These standards shall not apply to overflow parking provided in open field areas.

In the R2 Zoning District, the Township reserves the right to consider the appropriate placement for parking in context of factors including, but not limited to, topography, existing and/or proposed landscaping/buffer yards, site access, building(s) location, and/or site lighting.

Waste disposal.

Solid waste disposal. A winery solid waste management plan shall be submitted for review and approval. The plan shall include a green waste reduction program that includes the disposal of stems, leaves, and skins of grapes by drying, spreading, and disking the waste into the soil on the winery premises or other agriculturally zoned property. Pomace may be used as fertilizer or as a soil amendment, provided that the use or other disposal shall occur in compliance with applicable standards.

Liquid waste disposal. Liquid waste (process wastewater) from the winery operation shall be handled separately from domestic liquid waste and shall be in compliance with applicable discharge requirements.

Tasting rooms.

R2 District:

Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of the associated winery as a production facility.

The location of the tasting room shall take into consideration site constraints, on-site access, visual concerns, grading and other environmental issues.

The primary focus of the tasting room shall be the marketing and sale of the wine produced on the winery premises. Sales of souvenirs and clothing bearing the logo of the winery, as well as wine-related items and other products that reflect or enhance the character or theme of the winery, may also be offered for sale in the tasting room.

If more than one winemaker shares production facilities or more than one winery is located on a winery premises, only one tasting room is allowed. More than one winemaker or winery facility may share a tasting room.

Nonresidential districts:

The location of the tasting room shall take into consideration site constraints, on-site access, visual concerns, grading and other environmental issues.

Hazardous materials business plan. A hazardous materials business plan shall be reviewed and approved, or waiver granted, by the Fire Department or fire district with jurisdiction in the event that storage, handling, or the use of hazardous materials occurs on the winery premises.

Noise.

Section 250-112, Performance standards, of the Allegheny Township Code shall apply to this conditional use as outlined (specifically § 250-112C, Noise).

Application requirements. The application for a winery facility shall include, but shall not be limited to:

The range of activities occurring on site directly related to wine production (e.g., crushing, fermentation, barrel aging, bottling, bottle storage), accompanied by a site plan that provides a description of where the different winery processes will occur on the site.

Production capacity, existing and proposed.

The type of cooperage used in fermentation.

Origin of grapes used in the wine production (e.g., percent of grapes produced on site, percent of grapes imported from off site).

The area (existing and proposed) of structures, parking, roads, and driveways, uncovered processing areas, vineyard, and other planted areas.

A description of measures proposed to minimize the off-site effects of dust, odor, or noise generated by the proposed winery operation.

Information regarding proposed public tours and wine tasting, retail wine sales, other retail sales, including food service, and picnic areas available to the public.

Design standards. New structures associated with the winery, including production facilities, and exterior changes to existing structures associated with the winery shall be subject to review and approval by the Township. In addition, the following standards shall also apply:

Exterior. The design, scale, and character of the winery shall be compatible with existing development in the vicinity. Structures associated with the winery, including production facilities, shall have an exterior that is agricultural or residential in nature, using earth tones and nonreflective paints, siding, and roofing materials. Structures shall not use an exterior design style typically associated with large industrial facilities.

Screening. The visibility of winery structures from public roads shall be minimized through the use of landscaping and other screening devices to ensure that the character of the area is retained. Tanks not located within a structure shall be completely screened from public roads.

Height. The height of a structure associated with a winery facility shall be limited to the height of that zoning district.