Article IX Supplemental Regulations

Flagpole.

Private antenna or microwave dish, in accordance with the radio or television antenna provisions of this chapter.

Signs associated with the occupants of a residence and home occupation.[1]

Editor's Note: Former Subsections E and F, which immediately followed this subsection, were repealed 12-15-2014 by Ord. No. 424-14.

§ 455-48 Accessory uses.

[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]

Accessory uses shall be permitted when in accordance with the standards set forth below.

Uses accessory to residential use. The following uses shall be permitted when incidental and subordinate to an existing residential use, and when located on the same lot as the principal use:

Off-street parking.

Home occupation, as permitted in § 455-61.

Bed-and-breakfast, as permitted by § 455-52.

Keeping of farm animals and poultry as pets, subject to the following provisions:

The lot housing large animals of 600 pounds or more shall have not more than one large animal per two net lot acres.

Lots housing small farm animals or poultry shall have a minimum net lot area of two acres; such lots shall not have more than eight small animals.

Lots housing beehives have a minimum of two acres based on net lot area; such lots shall not have more than two beehives.

Stables, hives, and shelters shall be set back at least 100 feet from any property line. Uncovered manure storage shall be located at least 100 feet from any lot line or stream. No manure may be stored within a swale or drainageway, nor located so as to drain onto adjacent land.

Garage or yard sales. Garage or yard sales shall be subject to the following provisions:

Such uses shall be limited to occurrences of not more than four times within one calendar year. There shall be at least a thirty-day period between such occurrences, and each occurrence shall last no more than three consecutive days.

Signs advertising garage or yard sales shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than two off-premises signs shall be permitted to advertise the sale. Such signs shall only be placed with the permission of the applicable property owners.

Parking or storage of commercial vehicles. See 455-41B(4).

Swimming pools shall be considered a permissible accessory use, subject to the following standards:

A swimming pool constructed either above or below ground level, designed to hold more than 10,000 gallons of water and installed after the effective date of this chapter shall require a permit issued by the Zoning Officer.

The swimming pool shall meet accessory structure setback requirements in § 455-47. All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining, or any other maintenance-related activity shall meet the required side yard setbacks for the applicable district and in no case shall be less than 10 feet from any property line.

All swimming pools shall be completely enclosed by a permanent fence or wall at least four feet in height with no openings larger than four inches in width. Any building or structure meeting the height and opening requirement may be included as part of the required enclosure. All gates and door openings through the enclosure shall be equipped with a self-closing and self-latching device for keeping the gate/door securely latched at all times when not in use.

The provisions regulating fencing in Subsection A(7)(c) above shall not apply to a fence having sides extending four or more feet above grade on all sides or being four or more feet above grade, provided that the stairs or other means of access to the pool are removed when the pool is not in use.

The pool is intended to be used solely for the enjoyment of the occupants of a principal use of the property on which it is located.

The Zoning Officer shall issue the permit upon determining from plans or specifications presented by the applicant that the pool meets all requirements.

Other uses of similar character to those listed above.

Uses accessory to commercial and industrial uses. The following uses shall be permitted when incidental and subordinate to an existing commercial use and when located on the same lot as the principal use:

Off-street parking facilities, in accordance with Article X, Off-Street Parking and Loading.

Storage of materials, in accordance with § 455-41, Outdoor storage.

Signs in accordance with Article XI, Signs.

Day care may be permitted in conjunction with a commercial, office, or industrial use in accordance with the commercial day-care center provisions in § 455-53.

§ 455-49 Adaptive reuse.

[Amended 8-19-2013 by Ord. No. 417-13]

The adaptive reuse of an existing structure shall be permitted as a by-right use in the PBO, VB, VT and VR Districts and shall be in accordance with the standards set forth below:

General standards.

The reuse of an existing structure shall comply with the use requirements of the applicable zoning district. Area and bulk requirements may be modified through the conditional use process, as applicable, where the applicant has demonstrated sensitive restoration, including preservation of facades, rehabilitation using materials and design authentic and appropriate to the architecture and preservation of the building mass as it appears from all public rights-of-way.

Every effort shall be made to maintain or restore the building or structure to its original architectural style and bulk. Additions shall compliment the existing architectural style and bulk of the structure and require approval by the Board of Supervisors.

Additional entrances, when required, shall be placed on the side or rear of the building to avoid disruption of the facade.

Every effort shall be made so that the proposed use is compatible with the adjacent properties and surrounding neighborhood.

Removal or alteration of distinctive stylistic and architectural features of the structure, which contribute to the character of the surrounding neighborhood, shall be avoided.

Deteriorated architectural features, which contribute to the character of the neighborhood, should be repaired rather than replaced. Where replacement of such features is necessary, the new material should match the material being replaced in composition, color, design, texture, and other visual qualities.

An application for adaptive reuse shall be accompanied by a floor plan including the following information:

Revisions and modifications to the interior and exterior of the existing structure(s).

Applicable information required for a conditional use.

Site and architectural plans for the adaptive reuse of said building shall be submitted, as applicable, together with an application for a conditional use, in accordance with the requirements of this chapter.

Unless clearly impractical or inappropriate, additional parking needed for adaptive reuse projects shall be located to the rear of the structure or where such parking is least visible from public streets and rights-of-way.

Adaptive reuse for professional offices or commercial convenience uses. The following standards and criteria shall govern the design and review procedures for the adaptive reuse of buildings for professional office and commercial convenience uses for which conditional use approval is sought in accordance with the base zone of this chapter:

Use opportunities:

Professional or business office uses limited to architects, physicians, engineers, lawyers, realtors, tax consultants, and similar professional businesses.

Neighborhood commercial uses, not to exceed 5,000 square feet of gross usable floor area and limited to the following:

Retail commercial use for the sale of food, drugs, flowers, household goods, newspapers, stationary, art supplies, fine art, tobacco, and similar businesses.

Personal service commercial use, limited to barber or beauty shops, tailor shops, photographic studios, shoe repair, and similar types of businesses.

Public use, including a library, museum, or park facility.

Bed-and-breakfast, subject to the provisions of § 455-52.

Religious use, including church and parish house.

§ 455-50 Apartments accessory to nonresidential uses.

Multifamily building or development, subject to the provisions of §§ 455-64 and 455-65.

An apartment accessory to a nonresidential use is an upper-floor dwelling unit within a nonresidential building, constituting a separate living area containing independent cooking and sleeping facilities for one family, physically separated from any other dwelling unit, and located on the second floor or higher above a separate nonresidential use located in the same structure. The following standards apply to apartments accessory to nonresidential uses:

Parking requirements in accordance with Article X shall be calculated for each use, but may be designated within a common parking lot.[1]

§ 455-51 Automobile gasoline service stations.

Editor's Note: Original Subsection A, which immediately preceded this subsection, was repealed 8-19-2013 by Ord. No. 417-13.

An apartment accessory to a nonresidential use shall have independent access, and no access to a residential dwelling unit shall be from the nonresidential space below.

The nonresidential use of the building should not be a nuisance to the dwelling unit(s).

Gasoline and service stations shall be subject to the following regulations:

The minimum net lot area shall be 30,000 square feet.

[Amended 12-15-2014 by Ord. No. 424-14]

Gasoline pumps or other service appliance installed in connection with any service station may be placed within the required front yard, but in no case closer than 25 feet to any street right-of-way.

Each gasoline pump shall be provided with a stacking area that can accommodate a minimum of two cars. Islands that contain more than one pump shall provide a minimum of two spaces per each dispensing nozzle. For the purposes of this chapter, one pump serves two fueling positions.

A service station must have adequate fire extinguishers, ample no-smoking signs posted, and any other safeguards deemed necessary for the public safety in accordance with the Pennsylvania State Fire Code and any other applicable state or federal regulations.

Underground storage tanks shall comply with all applicable regulations of the EPA and the PaDEP, including notification and registration requirements. If warranted, as determined by the Township, the applicant may be required to place tanks in a concrete vault, install other impervious lines, and/or install monitoring devices.

All automotive parts, refuse, and similar articles shall be stored within a building or enclosed area screened from adjacent uses in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

All automotive repair or service activities, except those performed at fuel pumps, shall take place within a completely enclosed building.

Vehicles waiting for repairs shall not be stored outside for more than 10 days. Junk vehicles may not be stored in the open at any time.

Trash receptacles shall be provided outside for patron use, but shall be located next to the principal structure or at gasoline pump dispensers.

A trash storage area shall be provided which is screened from the street and adjacent properties in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection, to prevent trash from blowing from the area and to permit safe and easy trash removal.

All gasoline pump dispensers shall be covered by a canopy and shall be illuminated only during nondaylight operating hours. Canopy lighting shall be located on the undersurface of the canopy and shall be limited to flush lens fixtures mounted on the canopy ceiling. Drop lens fixtures are prohibited. Up-lens lighting fixtures mounted on the canopy structure above the level of gas pumps are permitted if they have the effect of reducing glare from the lighting fixtures mounted on the canopy ceiling. Canopy height shall be limited to 14 feet, unless otherwise approved by conditional use. Such canopies shall be limited to fuel island canopies associated with an automotive gasoline or service station or in association with a convenience store.

Screening and landscaping shall be in accordance with the applicable provisions within this chapter.

§ 455-52 Bed-and-breakfasts.

A bed-and-breakfast, permitted as a conditional use in all zoning districts, is an owner-occupied building designed, used and occupied as a single-family residence, having, as an accessory use therein, public lodging rooms and facilities for and serving breakfast and afternoon tea prepared within the building to preregistered transient guests, which meets the minimum requirement of this chapter and shall be subject to the following regulations:

The bed-and-breakfast shall be considered an accessory use and remain incidental and secondary to the principal use of the building as a dwelling.

A bed-and-breakfast shall be located only within a building that meets one of the following qualifications:

A dwelling that is designated by the Easttown Township Open Space, Recreation and Environmental Resources Plan (see Map 5) or the Easttown Township Comprehensive Plan (see Map 6) as either a National Register site or national historic landmark or considered a significant historic resource by the Township as listed on Map 6 of the Easttown Township Comprehensive Plan.

The applicant can document to the satisfaction of the Zoning Officer that the dwelling is more than 100 years old.

The appearance of the building shall not be altered as to detract from its principal purpose as a residential structure, except for purposes of safety in meeting state and Township regulations. Fire escapes, external stairways, or additional external doors shall be located either to the side or rear of the residence.

The number of guest rooms and baths for transient accommodation shall not exceed three each in any building having a habitable floor area, as defined in this section, of 3,000 square feet or less. One additional guest room may be added for each additional 600 square feet of habitable floor area, up to a maximum total number of six guest rooms. No guest rooms shall contain any cooking facilities. Food served to guests on the premises shall be limited to breakfast and afternoon tea, and eating facilities shall be open only to guests registered at the bed-and-breakfast use.

The minimum lot size based upon net lot area shall be the minimum lot size for single-family detached dwellings in the respective districts. All area and bulk regulations and general regulations, except as provided otherwise in this section, shall be those that apply to a single-family detached dwelling in the applicable zoning district.

[Amended 12-15-2014 by Ord. No. 424-14]

At a minimum, parking shall be provided as required by the minimum parking regulations of the applicable district; provided, however, that one additional parking space shall be required for each guest room and for one employee, if any. The minimum parking setback from an adjacent property line shall be 20 feet, and, when four or more guests and employee parking spaces are provided, the parking area shall be screened from direct view of any adjacent residential use by a completely planted visual barrier consisting of a double row of evergreen plantings with a minimum height of six feet after the planting and placed no more than eight feet apart. The required plantings shall be staggered so as to provide as complete a visual barrier as is possible.

No more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether or not paid.

Notwithstanding anything contained in any of the applicable district regulations, any bed-and-breakfast containing four or more guest rooms shall be served by public sewer. The adequacy of an on-site sewage system to handle increased flows resulting from the use of the property as a bed-and-breakfast containing three or less guest rooms and the availability and adequacy of sufficient backup area on the lot to accommodate the proposed use shall be certified by the Chester County Health Department or other regulatory authority having jurisdiction on the basis of an on-site inspection or required improvements to the sewage system have been completed or are guaranteed.

The requirements of all other applicable ordinances of the Township, including but not limited to building, electrical, fire, and plumbing codes, shall be met.

No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Zoning Officer or Codes Enforcement Officer at any time.

Any meals provided and any amenities connected with the guest rooms, such as a swimming pool or tennis court, shall be solely for the use of the owner's family and the owner's registered guest.

One sign shall be permitted identifying the property as a bed-and-breakfast. The sign shall not exceed three square feet in area, shall be set back a minimum of three feet from the road right-of-way and shall contain no information other than identification of the premises as the named bed-and-breakfast.

Upon compliance with all of the requirements of this section and other applicable codes and regulations, the Zoning Officer shall be authorized to issue a zoning permit which shall be valid for a period of one year, unless sooner revoked for violation of any condition imposed by the Board of Supervisors, any misrepresentation of fact made to the Board of Supervisors, Zoning Officer or Codes Enforcement Officer in conjunction with the application, permit, and review process, or violation of this section or any provision of this chapter. Within 30 days prior to the expiration of any such permit, the property owner shall make application for renewal of the permit to the Zoning Officer, who shall, as a condition of issuance of such renewal, make an inspection of the premises for which the permit is sought to determine continued compliance with this chapter. In the event that the Zoning Officer determines that a violation exists, the permit shall not be renewed until the violation is cured.

Upon nonrenewal or revocation of the zoning permit for cause shown, the use of the premises as a bed-and-breakfast shall immediately cease, and continuation thereof shall subject the owner to the penalty provisions of this chapter and/or such other legal action as the Township shall determine necessary.[1]

Editor's Note: Former Subsection O, regarding definitions, which immediately followed this subsection, was repealed 12-15-2014 by Ord. No. 424-14.

§ 455-53 Commercial day-care centers.

Commercial day-care centers are commercial facilities where daytime supervision is provided for the care of children or adults, not related to the caregiver or operator, and where the child or adult care area is not part of a family residence. Commercial day-care centers must be licensed or approved to provide services as required by the Commonwealth of Pennsylvania and shall be subject to the following regulations:

A commercial child day-care center shall be permitted when in accordance with the following standards:

Prior to issuing of a permit by the Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses from appropriate federal, state, or county agencies as a condition of permit approval and continuation.

Minimum indoor areas and outdoor play area requirements per child shall meet the most current Pennsylvania Department of Public Welfare requirements, and the applicant shall submit proof to the Township, prior to the Township's issuing of permits, that these requirements have been met. In addition, an outdoor play area shall be provided according to the following:

The outdoor recreation area shall be located to the rear or side of the building.

The outdoor recreation area shall be enclosed by a fence suitable to restrict children to the play area, and fencing shall be a minimum of five feet in height.

The outdoor recreation area shall not include driveways, parking areas, or any other area unsuited to active recreation.

The outdoor recreation shall be on the same site as the principal structure.

Outdoor recreation areas shall be sufficiently screened as to protect residential areas from disturbance.

Outdoor recreation areas shall be limited to daylight hours.

Off-street parking and passenger loading and unloading spaces shall be provided in accordance with this chapter and shall be so designed to prevent interference with traffic flow on any adjacent street or road.

Child dropoff areas shall be designed to eliminate the need for pedestrians to cross traffic lanes within or adjacent to the site.

A commercial adult day-care center shall be permitted when in accordance with the following standards:

Prior to issuing of a zoning permit by the Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses from appropriate federal, state, or county agencies as a condition of permit approval and continuation.

A minimum indoor recreation area of 500 total square feet or 75 square feet per adult, whichever is greater, shall be provided.

§ 455-54 Continuing care retirement communities.

[Amended 6-2-2014 by Ord. No. 422-14]

A continuing care retirement community (CCRC) is a residential complex design permitted as a conditional use in the PBO District that offers several levels of assistance, including independent living, assisted living and nursing home care. It is different from other housing and care facilities for seniors because it usually provides a written agreement or long-term contract between the resident (frequently lasting the term of the resident's lifetime) and the community which offers a continuum of housing services and health care system, commonly all on one campus or site. Such facilities shall be operated for adults, generally 55 years old or older, that may include one or any combination of an independent living facility, assisted living facility or nursing home, as follows:

The lot on which the use is conducted shall, in its entirety, be owned and operated under single or common management.

[Amended 12-15-2014 by Ord. No. 424-14]

The minimum lot size shall be two acres based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

All continuing care retirement communities shall have a maximum gross density of eight units per acre.

The CCRC shall be limited to residents who are at least 55 years of age and older in accordance with the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act. 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons Act of 1995 and the regulations promulgated thereunder, as the same may be amended.

[Amended 9-21-2009 by Ord. No. 391-09]

Location, design and layout of buildings containing dwelling units shall be so designed to ensure open space and privacy between units.

Wheelchair access to all dwelling units and community facilities, in accordance with the Americans with Disabilities Act, shall be provided in the design of structures, pedestrian walkways, and parking lots. Where practical and desirable, buildings shall be interconnected by means of covered or enclosed walkways.

The following accessory support uses shall be permitted for any CCRC, only when specifically for the use of the members or residents of the facility:

Indoor and outdoor recreational facilities, including auditoriums, activity rooms, craft rooms, libraries, lounges, and similar recreational facilities, for members of the continuing care retirement community.

Dining facilities.

Office and retail service facilities designed and adequate to serve only the members of the community, including but not limited to a pharmacy, gift shop, coffee shop, bank, beauty shop, and barbershop.

Accessory medical offices, nursing, and convalescent facilities limited to residents of the facility for temporary care and not operating as the principal office of any medical practice serving the general public.

Commercial day-care center.

A continuing care retirement community shall follow the requirements for multifamily development, § 455-64, herein, in addition to the requirements of this section; however, the requirements of § 455-64 shall prevail when there is conflict between the requirements.

Outdoor sitting areas shall be provided within the required open space, which shall be landscaped and shall not be located adjacent to parking lots, detention basins, or collector or arterial streets unless adequate screening is provided. Sitting areas shall not be located on slopes of over five-percent grade.

A minimum of 20% of the land reserved for recreational area. Maintenance of these areas shall be the responsibility of the common management.

The proposed use shall obtain all applicable state and federal permits, licenses, and certificates of need, as applicable to the proposed use, as well as conditional use approval, prior to the issuance of a zoning permit.

Continuing care retirement communities are explicitly prohibited within floodplain areas in accordance with § 274-12E(8)(b), Article III, of Chapter 274, Natural Resources Protection, as incorporated by reference in Article VII of this chapter.

§ 455-55 Convenience stores.

Convenience stores shall be subject to the following regulations:

Trash receptacles shall be provided immediately outside of the convenience store for patron use, but shall not be located near any adjacent residential properties.

A trash storage area shall be provided which shall be screened from the street and adjacent properties in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection, to prevent trash from blowing from the area and to permit safe and easy trash removal.

Where applicable, the sale of gasoline in conjunction with a convenience store shall conform to the applicable regulations of § 455-51.

§ 455-56 Drive-through service.

An establishment where, by design, physical facilities, services, or packaging procedures encourage or permit customers to receive services or obtain goods while remaining in their vehicles. Such use shall include any establishment for the sale and consumption of food and beverages, any establishment providing banking services or other services in which there is a drive-through window, and shall comply with the following provisions:

Drive-through service shall be permitted in the PBO and VB Zoning Districts. In such cases, there shall only be one point of ingress and one point of egress to a collector or arterial street as defined by the Township Comprehensive Plan, as may be amended or readopted.

[Amended 11-21-2022 by Ord. No. 453-22]

The minimum lot size shall be 1/2 acre based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

Communication devices shall not be audible on adjacent residential properties.

Drive-through service windows shall have a cartway that has a dedicated area for conducting business, a vehicle stacking lane that can accommodate a minimum of four cars for those waiting to conduct business, and an area for departing vehicles. The stacking lane shall not be used for parking lot circulation aisles or in any way conflict with parking or circulation. The stacking lane shall be clearly marked to distinguish it from other traffic.

When a use with drive-through service is adjacent to or on the same lot as other commercial establishments, it shall use a common access with the other establishments and not have a separate entrance to the street.

§ 455-57 Educational uses.

Educational uses shall be permitted in the AA Zoning District, when in accordance with the following standards:

A nonprofit public or private school (one which is not conducted as a private gainful business) that is licensed under the proper governmental authority shall be subject to the following provisions:

Access shall be taken from a major or minor collector or a minor arterial as defined by the Township Comprehensive Plan, as amended.

The minimum required lot size shall be two acres based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

Outdoor play or recreation areas adjacent to a residential use or district shall be a minimum of 50 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas. Outdoor play or recreation areas adjacent to a nonresidential use or district shall be a minimum of 25 feet from side and rear property lines.

A commercial (for-profit) school, including trade or professional schools and art, music or dancing schools, shall not be permitted in residential zoning districts. The minimum required lot size based upon net lot area shall be that of the underlying district.

[Amended 12-15-2014 by Ord. No. 424-14]

Educational uses shall be served by public sewage facilities.

Where such facilities abut a residential property or residential zoning district, the hours of outside activities shall be limited to 7:00 a.m. to sunset in order to not interfere with residential uses.

[Amended 11-21-2022 by Ord. No. 453-22]

§ 455-58 Forestry.

Requirements for forestry are located in Chapter 274, Natural Resources Protection.

§ 455-59 Funeral homes.

A funeral home is a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation and shall comply with the following:

The minimum lot area shall be one acre based upon net lot area.

The hours of operation and the parking shall not interfere with the use of neighboring properties.

§ 455-60 Golf clubs.

A golf club is permitted as a special exception in the AA District, in accordance with the following:

The minimal lot size for a golf club or similar use shall be 150 acres based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

A golf club is permitted only as a nonprofit club.

§ 455-61 Home occupations.

Determination of classification. There shall be two categories of home occupations: minor (no-impact home-based business) and major. Such uses shall be permitted when in accordance with the following standards. The Zoning Officer shall determine whether a proposed home occupation is major, minor, or prohibited.

Issuing of permit. All home occupations, whether minor or major, shall be required to obtain a zoning permit for a home occupation from the Township office and submit the application to the Zoning Officer to obtain approval before such use may be permitted to operate. The applicant shall be responsible for supplying such information as deemed necessary by the Zoning Officer to make this determination. Upon receipt, the Zoning Officer shall determine whether the permit is a minor, major, or prohibited home occupation within 14 working days and shall inform the applicant of the determination in writing as follows:

[Amended 6-2-2014 by Ord. No. 422-14]

Upon determination that the proposed use is a minor home occupation and is in conformance with the requirements of this chapter, the Zoning Officer shall issue a zoning permit for a home occupation.

Where the Zoning Officer determines that the proposed use is a major home occupation, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of a special exception in Article XV and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a zoning permit.

When the application for a zoning permit for a home occupation is found to be a prohibited home occupation as per Subsection E below, the Zoning Officer shall inform the applicant of the reasons why the application does not comply with this chapter.

Permit limitation.

A zoning permit for a home occupation shall not be transferable to another property or to another type of home occupation. The permit issued shall only be valid for the use and on the property for which it was originally issued.

An approved zoning permit for a home occupation shall be valid for a period of one year unless sooner revoked for violation of any condition imposed by the Zoning Hearing Board, any misrepresentation of fact made to the Zoning Hearing Board, Zoning Officer or Codes Enforcement Officer in conjunction with the application, permit, and review process, or violation of this section or any provision of this chapter. Within 30 days prior to the expiration of any such permit, the property owner shall make application for renewal of the permit to the Zoning Officer, who shall, as a condition of issuance of such renewal, make an inspection of the premises for which the permit is sought to determine continued compliance with this chapter. In the event that the Zoning Officer determines that a violation exists, the permit shall not be renewed until the violation is cured.

Upon nonrenewal or revocation of the zoning permit for cause shown, the use of the premises as a home occupation shall immediately cease, and continuation thereof shall subject the owner to the penalty provisions of this chapter and/or such other legal action as the Township shall determine necessary.

General standards applicable to all home occupations. The following standards shall apply to all home occupations, whether minor or major:

A home occupation shall be conducted within the principal structure on a lot that is the residence of and under the ownership of the principal practitioner. The home occupation shall be carried on wholly indoors.

All applicants shall be required to obtain a zoning permit, in accordance with the requirements of Subsection A above, at least 30 days prior to beginning operation of the use.

The appearance of the residential structure shall not be altered or the occupation be conducted in such a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from the outside.

The storage of commercial vehicles shall comply with the provisions of § 455-41B(4).

There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to normal senses beyond the property line in excess of levels customarily generated by a residential use.

There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the Pennsylvania Department of Environmental Protection.

Minor home occupation standards (no-impact home-based business). A minor home occupation is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. Minor home occupations shall comply with the following additional standards and shall be permitted by right in all residential districts. All other home occupations shall be defined as "major."

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The use shall employ no employees other than the inhabitants of the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no exterior indication of a business use, including, but not limited to, parking, signs, or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

(9)

Commercial delivery and pickup of goods and supplies is limited to no more than once a week, exclusive of normal postal and parcel service typically serving a residential district.

Major home occupation standards. A home occupation that cannot meet one or more of the criteria listed in Subsection C above shall be defined as a "major home occupation." Major home occupations shall be permitted by special exception in the AA, R-1, R-2, R-3, and R-4 Residential Districts when other applicable criteria of this chapter can be met and shall meet the following regulations:

The total area used for a major home occupation shall not exceed 800 square feet or 25% of the floor area of the principal residential structure existing as of the effective date of this chapter, whichever is less.

No more than one person, other than resident members of the immediate family, may be employed or subcontracted at the residence.

No more than two clients at any given time are permitted to be visiting the premises to conduct business on the premises related to the major home occupation.

No articles shall be sold or offered for sale on site, except those produced on the premises. Such sales shall be approved by the Zoning Hearing Board at the time of special exception application.

[Amended 6-2-2014 by Ord. No. 422-14]

Where employees or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Off-street parking, inclusive of required residential parking, shall not exceed five spaces and shall be lighted to provide safe passage.

Beauty parlors and barbershops may be permitted as a major home occupation, provided that no more than two stylist or barber chairs are provided and all applicable provisions of state law and licensing and this chapter are met.

Instructional services may be permitted as a major home occupation, provided that a maximum of two musical students may be instructed at any given time. Nonmusic instruction shall be limited to no more four students at any given time and no more than two trips per hour.

No more than one sign shall be permitted per property, providing that it is no larger than two square feet. It shall not be illuminated, animated, or placed in a window. See § 455-81A.

(9)

Home day care. Home day care is a major home occupation in which a private residence is used for the care and supervision of between four and six children or adults, not related to the caregiver. (Day care provided for more than six children is considered a commercial day-care center for the purposes of this chapter and is not permitted in residential districts. Care provided to three or fewer children is considered baby-sitting and is not formally regulated.) When in compliance with the provisions outlined below and all applicable requirements of state law and licensing and this chapter, home day care shall be permitted as a major home occupation:

The minimum lot area for this use shall be one acre based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

Home day-care uses shall only be permitted as an accessory use in a single-family detached dwelling.

There shall be no alterations to exterior facades of residential structures to accommodate accessory day-care facilities in a residential district, except for safety purposes, which shall be confined to rear or side walls not visible from any public right-of-way.

For home day care intended for children, a minimum outdoor play area of 100 square feet of contiguous play area shall be provided for each child. The outdoor play area shall be located to the side or rear of the property.

The outdoor play area shall be enclosed by a suitable fence with a minimum height of four feet or other barrier suitable to prevent children from crossing. This requirement shall also apply to adult home day care where outdoor sitting areas are provided for the use of clients.

In addition to the off-street parking required for a single-family home, at least one additional space is required for each nonresident employee. There shall be sufficient area on the lot to accommodate the pickup and dropoff of children without interference with local traffic.

(10)

Prior to approval of the use and issuing of a zoning permit by the Zoning Officer, the applicant shall secure all pertinent approvals and registration certificates from appropriate state or county agencies as a condition of permit approval and continuation.

Prohibited home occupation. The following uses shall not be permitted as a home occupation under any conditions:

Those home occupations which cannot meet the criteria of Subsections C and D above.

The following uses are prohibited as home occupations and shall be classified as commercial uses:

Animal hospital, animal shelter, or veterinary office.

Kennel, commercial kennel, or commercial stable.

Funeral parlor or undertaking establishment.

Restaurant.

Professional office (two or more practitioners).

[Amended 11-21-2022 by Ord. No. 453-22]

Gift or antique shop.

Rental business.

Furniture stripping.

Auto or small engine repair.

(j)

Painting of vehicles, trailers, or boats.

(k)

Private school with organized classes.

(l)

Welding shop.

(m)

Other uses of similar character to those listed above.

§ 455-62 Hospitals.

A hospital shall be permitted when in accordance with the following standards:

The minimum lot area for a hospital shall be 10 acres based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

The principal access to a hospital shall be directly from an arterial or major collector road as designated by the Township Comprehensive Plan. Access to roads shall be a minimum of 40 feet from the intersection of any street.

All buildings and structures shall be set back a minimum of 100 feet from any property line. Where the use adjoins existing residential uses, care shall be taken to locate emergency and service entrances where they are not objectionable to adjoining neighbors.

The following uses are permitted within a hospital complex when designed as an integral part of the hospital:

Medical treatment facility.

Rehabilitation facility.

Hospital administrative offices.

Accessory maintenance facility.

Pharmacy or laboratory.

Snack and restaurant facilities.

Gift shop.

Hospitals are explicitly prohibited within floodplain areas in accordance with § 274-12E(8)(a), Article III, of Chapter 274, Natural Resources Protection, as incorporated by reference in Article VII of this chapter.

§ 455-63 Hotels, motels or inns.

Hotel, motel, or inn facilities shall be permitted when in accordance with the following standards:

The minimum lot area shall be two acres based upon net lot area, provided there is a minimum of 4,000 square feet of net lot area per rental unit.

[Amended 12-15-2014 by Ord. No. 424-14]

A minimum of 20% of the net lot area shall be permanently retained in landscaping.

[Amended 12-15-2014 by Ord. No. 424-14]

The principal access to a hotel, motel, or inn shall be directly from an arterial road as designated in the Township Comprehensive Plan.

Access points shall be limited to two.

Each unit shall include private bathroom facilities.

On each lot, one apartment may be provided for a resident owner, manager, or other responsible staff person.

No building shall be closer than 25 feet to a property line.

The following accessory uses are permitted within an application when designed as an integral part of a hotel, motel, or inn:

Lodging facilities.

Dining facilities.

Conference and meeting facilities.

Recreation facilities.

Gift shop.

Accessory maintenance facilities.

§ 455-64 Multifamily buildings.

[Amended 8-19-2013 by Ord. No. 417-13]

Multifamily uses shall be divided into two categories: multifamily building that involves one single structure, and multifamily development that involves a complex of structures. The following standards shall apply to multifamily buildings, except in the Village of Berwyn Districts, where the zoning standards contained in Article V shall apply:

Use regulations. A multifamily use may consist of a building on a lot to be used or occupied for any of the following purposes, as a use by right and no other:

Apartment house.

Quadruplex.

Garden apartments.

Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business, but may include:

A parking garage or off-street parking lot or area.

Recreational facilities available for use only by residents of the building and their guests.

Site development standards. The following site development standards shall apply to multifamily buildings:

Minimum lot area. A lot to be developed pursuant to this section shall be not less than 22,000 square feet based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

Density. There shall be a density of not more than eight dwelling units per acre.

Building coverage and maximum impervious surface. Coverage of the tract by principal and accessory buildings shall not exceed 35% of the net lot area, and combined building coverage when combined with other impervious surfaces shall not exceed a maximum impervious surface of 65%.

[Amended 12-15-2014 by Ord. No. 424-14]

Open space. All multifamily buildings shall have a minimum of 20% of the land reserved for open space areas, and the following provisions shall apply:

Open space areas shall be free of obstructions, including watercourses, floodplains, steep slopes, and wetlands or their associated buffers as required by Chapter 274, Natural Resources Protection.

Open space areas shall be unpaved and primarily consist of an open grassed area including appropriate trees, bushes, and other vegetation. Such an area shall be contiguous and shall be set back a minimum of 10 feet from any residential uses or residential accessory uses and shall be a minimum of 25 feet in width.

Open space areas shall not be located within or be included in calculating any required buffer area or setback areas.

Open space areas shall be substantially free of structures, except those designed for recreational purposes, and shall be usable as such.

Open space areas shall not contain any required aboveground stormwater facilities, required parking islands, or required parking buffer areas.

Open space areas shall be located and designed so as to be easily accessible by all residents of the multifamily building and shall not be part of any private outdoor living area.

When an open space area is designed for active recreation and abuts a public street, it shall be fenced, provided with an earthen berm, or combination thereof, that physically separates it from the street. Appropriate landscaping should be considered in conjunction with such fence, earthen berm, or combination thereof.

Maintenance of open space areas shall be the responsibility of the landowners', homeowners' or condominium owners' association.

Failure to maintain any open space areas shall constitute a violation of this chapter and shall be actionable by the Township, as per the applicable requirements of § 455-65H.

Setback requirements.

No building containing or constructed to contain a multifamily use shall be located closer than 25 feet to any adjoining single-family residence district.

No parking area shall be located closer than 25 feet to any adjoining single-family residence district.

No interior street, whether public or private, shall be located so as to have a pavement edge closer than 25 feet to any adjoining single-family residence district.

General development standards. The following site development standards shall apply in all multifamily uses under this section:

Height. No building shall exceed 35 feet in height.

Building length. No building shall exceed 160 feet as its greatest dimension in length or depth.

Off-street parking and vehicular circulation standards. Streets and parking lots should be planned to minimize their adverse impacts on adjoining properties. Buffers should be provided in accordance with Subsection H of this section.

Minimum distances between streets, parking lots, and residential buildings.

Streets and residential buildings (measured from pavement to exterior building walls): 10 feet.

Parking lots and residential buildings: 10 feet.

Design of streets and parking lots.

The sizes of parking lots should be harmonious with residential living environments. Large parking areas should be avoided.

Parking lots for more than 20 cars shall include planted areas within such parking lots. A minimum of 100 square feet of planting area shall be provided for the first 20 parking spaces, plus 100 square feet of planting area for each 10 additional parking spaces, on a pro rata basis.

Parking lots shall be designed so that not more than 10 parking spaces are placed in a continuous row without intervening planting area of at least 100 square feet.

All planting areas proposed for street rights-of-way and parking lots shall be in conformance with Article XI of Chapter 274, Natural Resources Protection, as incorporated by reference in § 455-38 of this chapter.

Streets and parking areas shall be designed to permit safe movement of automobiles, emergency vehicles, moving vans and trash trucks.

Streets and parking areas shall be designed with consideration given to plowing and piling of snow.

Pedestrian circulation. Pedestrian circulation shall be addressed by all applications for multifamily use. The application shall indicate the locations, dimensions, and materials to be used in providing for adequate pedestrian circulation in the proposed use for the following:

Provision of safe and adequate pedestrian movement in crossing of streets and parking areas.

Provision of safe and adequate pedestrian routes to individual residences, with consideration given to privacy requirements of all residences.

Specific provisions for schoolchildren and safe locations for school bus stops.

Provisions for safe and adequate access between public transportation facilities and the proposed use, if appropriate.

Multiple uses of pedestrian routes for recreation purposes, including, when appropriate, provisions for leisure-time walking, jogging and bicycling.

Aesthetic considerations to the alignments and materials used in construction of pedestrian routes.

Maintenance considerations of the alignments and materials used in construction of pedestrian routes.

Compliance with other regulations:

With all applicable provisions of Chapter 400, Subdivision and Land Development, pertaining to curbing, walkway dimensions and related matters.

See Article XI, Landscaping, in Chapter 274, Natural Resources Protection.

Solid waste storage and collection.

A plan for the storage and collection of trash, garbage and rubbish shall be submitted as part of the application for a multifamily use, indicating methods and proposed locations for the storage and collection of all solid wastes.

The plan shall be prepared with full consideration given to health, safety and welfare of individual residents of the proposed use, as well as adjoining property owners.

If common solid waste storage and collection points are proposed, a roofed structure with walls on at least two sides must be provided. Such structures must be architecturally harmonious with other buildings in the proposed use and shall be considered as necessary buildings that shall meet all requirements for such structures as set forth in this chapter and Chapter 400, Subdivision and Land Development.

Landscape architecture regulations. A landscape plan prepared by a registered landscape architect shall be required. See Article XI, Landscaping, of Chapter 274, Natural Resources Protection.

[Amended 6-2-2014 by Ord. No. 422-14]

§ 455-65 Multifamily developments.

[Amended 8-19-2013 by Ord. No. 417-13]

Multifamily uses shall be divided into two categories: multifamily building that involves one single structure, and multifamily development that involves a complex of structures. The following standards shall apply to multifamily developments, except in the Village of Berwyn Districts, where the zoning standards contained in Article V shall apply:

Use regulations. A multifamily development may consist of a unified group of two or more buildings on a lot to be used or occupied for any of the following purposes and no other:

Apartment house or apartment development.

Townhouse development, except in the PBO District.

[Amended 1-15-2018 by Ord. No. 433-18]

Quadruplex or quadruplex cluster.

Accessory use on the same lot with and customarily incidental to the foregoing permitted use. The term "accessory use" shall not include a business, except as permitted below where such use is located within an multifamily development, and may include:

A parking garage or off-street parking lot or area.

In conjunction with a permitted multifamily development, an accessory office or commercial use such as a restaurant, personal service shop, drugstore, or similar retail store or a public garage operation may be permitted, provided:

Each such accessory use is conducted entirely within a building constructed as a part of a multifamily development primarily housing residential uses and is located on the ground floor.

The total area devoted to business use shall not exceed 10% of the total floor area of the building in which located, excluding basement and garage.

[3]

The net floor area of any one store, shop or similar use, except in the case of an office or restaurant, shall not exceed 1,500 square feet.

Recreational facilities available for use only by residents of the development and their guests. Permitted accessory structures within designated open space areas shall be limited to perimeter fences and decks, patios, and swimming pools.

Such accessory uses shall be located no closer to the street or street right-of-way line on which the associated building fronts than a line parallel to and coincident with the rear facade of the building, extended to its points of intersection with the side boundaries of the lot or open space area.

Such accessory uses shall not be less than 20 feet from any other building or accessory structure located on any other lot or open space area.

Site development standards. The following site development standards shall apply to multifamily developments:

Minimum lot area. A lot to be developed pursuant to this section shall be not less than one acre in size based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

Density. There shall be a density of not more than eight dwelling units per acre.

Building coverage and maximum impervious surface. Coverage of the lot by principal and accessory buildings shall not exceed 35% of the net acreage, and building coverage when combined with other impervious surfaces shall not exceed a maximum impervious surface of 65%.

[Amended 12-15-2014 by Ord. No. 424-14]

Open space. All multifamily developments shall have a minimum of 20% of the land reserved for open space areas, and the following provisions shall apply:

Open space areas shall be free of obstructions, including watercourses, floodplains, steep slopes, and wetlands or their associated buffers as required by Chapter 274, Natural Resources Protection.

Open space areas shall not be located within or be included in calculating any required buffer area or setback areas.

Open space areas shall be substantially free of structures, except those designed for recreational purposes, and shall be usable as such.

Open space areas shall not contain any required aboveground stormwater facilities, required parking islands, or required parking buffer areas.

Open space areas shall be located and designed so as to be easily accessible by all residents of the multifamily dwelling development and shall not be part of any private outdoor living area.

Maintenance of open space areas shall be the responsibility of the landowners', homeowners', or condominium owners' association.

Failure to maintain any open space areas shall constitute a violation of this chapter and shall be actionable by the Township, as per the applicable requirements of Subsection H below.

Setback requirements.

No principal building or group of townhouses or other multifamily structure shall be located closer than 50 feet to any adjoining single-family residence district.

No accessory structure or parking area shall be located closer than 25 feet to any adjoining single-family residence district.

No interior street, whether public or private, shall be located so as to have a pavement edge closer than 25 feet to any adjoining single-family residence district.

General development standards. The following site development standards shall apply in all multifamily developments under this section:

Building separation. The minimum distance between separate buildings shall be as follows:

Between front or facing walls (long walls): 45 feet if both walls provide windows.

Where walls do not face each other for any of the distance of either wall or for endwalls (short walls): 25 feet.

Building dimensions.

Height. No building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.

Building length. No building or building group, such as a townhouse group, shall exceed 160 feet as its greatest dimension in length or depth. No townhouse group shall consist of more than eight dwelling units.

Offsets. No more than eight townhouse dwelling units shall be attached in a single group. No more than two contiguous units in any group may be constructed in line, and each unit shall have at least one plan element on any floor which projects or recedes within the wall plane of the facade a minimum dimension of two feet.

Off-street parking and vehicular circulation standards.

General guidelines.

A street and parking lot circulation plan shall be prepared indicating vehicular movement patterns and expected peak-hour traffic volumes. Proposed streets shall be classified according to classifications indicated in this chapter and Chapter 400, Subdivision and Land Development.

Streets and parking lots shall be planned to minimize traffic movement in the immediate vicinity of residential buildings and yards, with particular attention given to controlling noise and daytime and nighttime visual impacts of vehicles.

Streets and parking lots shall be planned to minimize their adverse impacts on adjoining properties. Buffers shall be provided in accordance with § 455-76 and Subsection G, below.

Minimum distances between streets, internal streets, parking lots, and residential buildings.

[a]

Streets and/or internal street and residential buildings (measured from pavement to exterior building walls): 20 feet.

[b]

Parking lots and residential buildings: 20 feet.

Design of streets and parking lots.

[a]

The sizes of parking lots should be harmonious with residential living environments. Large parking areas should be avoided.

[b]

All planting areas proposed for street rights-of-way and parking lots shall be in conformance with Article XI of Chapter 274, Natural Resources Protection.

[c]

Streets, internal streets, and parking areas shall be designed to permit safe movement of automobiles, emergency vehicles, moving vans and trash trucks.

[d]

Streets, internal streets, and parking areas shall be designed with consideration given to plowing and piling of snow.

Pedestrian circulation plan. A pedestrian circulation plan shall be required as a part of all applications for multifamily development. The plan shall indicate the locations, dimensions, and materials to be used in providing for adequate pedestrian circulation in the proposed development. The pedestrian circulation plan shall reflect the following considerations:

Provision of safe and adequate pedestrian movement in crossing of streets and parking areas.

Provision of safe and adequate pedestrian routes to individual residences, with consideration given to privacy requirements of all residences.

[3]

Specific provisions for schoolchildren and safe locations for school bus stops.

[4]

Provisions for safe and adequate access between public transportation facilities and the proposed development, if appropriate.

[5]

Multiple uses of pedestrian routes for recreation purposes, including, when appropriate, provisions for leisure-time walking, jogging and bicycling.

[6]

Aesthetic considerations to the alignments and materials used in construction of pedestrian routes.

[7]

Maintenance considerations of the alignments and materials used in construction of pedestrian routes.

Compliance with other regulations:

With all applicable provisions of Chapter 400, Subdivision and Land Development, pertaining to curbing, walkway dimensions and related matters.

See Article XI, Landscaping, in Chapter 274, Natural Resources Protection.

Solid waste storage and collection.

A plan for the storage and collection of trash, garbage and rubbish must be submitted as part of the application for a multifamily development indicating methods and proposed locations for the storage and collection of all solid wastes.

The plan shall be prepared with full consideration given to health, safety and welfare of individual residents of the proposed development, as well as adjoining property owners.

If common solid waste storage and collection points are proposed, a roofed structure with walls on at least two sides must be provided. Such structures must be architecturally harmonious with other buildings in the proposed development and shall be considered as accessory buildings, which shall meet all requirements for such structures as set forth in this chapter and Chapter 400, Subdivision and Land Development.

Architecture and landscape architecture regulations.

Architecture. Architectural schematic drawings prepared by an architect registered in the Commonwealth of Pennsylvania shall be required of plans of typical residences and elevations of typical front and rear building facades of residences and accessory buildings.

Architectural schematic drawings shall reflect the following considerations:

The presentation of an overall architectural theme, as well as architectural recognition of individual residences.

Compatibility of the proposed project with adjoining properties, particularly residential neighborhoods.

Long-term durability and maintenance requirements of building materials.

Landscape architecture. A landscape plan prepared by a registered landscape architect shall be required in accordance with § 274-38, Article XI, of Chapter 274, Natural Resources Protection, along with the following:

The provision of landscaped visual buffer zones that shall be in conformance with Article X of Chapter 274, Natural Resources Protection, as incorporated by reference in § 455-38 of this chapter. The minimum width of such buffer zones shall be 10 feet, except where a multifamily development is adjacent to a single-family residential district, in which case the buffer shall be 25 feet.

Ownership and maintenance of open space.

Application plans shall describe the plan for ownership and maintenance of open space.

The plan may provide for one of the following:

Dedication to and maintenance by the Township if acceptable to the Board of Supervisors.

Private ownership and maintenance. The governing documents of a multifamily development shall provide, in perpetuity, for the common and uniform maintenance of all landscaped areas, including open space and buffers.

The Board of Supervisors may require dedication, easements and/or deed restrictions covering all or portions of the open space and may require the applicant to provide for and establish an organization for the maintenance of the common open space, organized under or similar to that required by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended, and agree that such organization or owners holding undivided interest in the open space shall not dispose of the open space by sale or otherwise (except to a similar organization or group conceived and established to own and maintain open space). In determining whether the organization described in the plan is adequate, the Board of Supervisors shall consider the type and structure of the organization from the standpoint of its capacity to raise revenue, meet obligations and properly maintain facilities.

[Amended 6-2-2014 by Ord. No. 422-14]

In the event the open space is, in the judgment of the Board of Supervisors, permitted to deteriorate or not maintained in reasonable condition in accordance with the plan, the Township shall have the option of taking whatever steps are afforded by law to require compliance with the plan.

In addition to any other remedies afforded by law, the Township shall have the right, which shall be made part of the agreement with the applicant, to enter upon the common open space and maintain the same for a period not to exceed one year. The purpose of such action by the Township shall be to preserve the taxable values of the property within the development and prevent the common open space from becoming a public nuisance.

Prior to entering upon the property, the Board of Supervisors shall give written notice of the condition complained of to the property owner and afford the latter a period of not less than 30 days to remedy and correct the same.

The cost of such maintenance by the Township shall be assessed ratably against the properties within the development which have a right of enjoyment of the open space and shall become a lien upon said properties upon filing thereof as required by law.

Application for development.

Applications for development of multifamily development under this section shall be accompanied by a plan containing the information required by this section and Chapter 400, Subdivision and Land Development. The appropriate application fee and/or escrow prescribed by resolution of the Board of Supervisors from time to time shall be paid in advance, and the applicant shall agree to reimburse the Township for all costs incurred by it in connection with and in direct relation to the review and processing of the application.

[Amended 6-2-2014 by Ord. No. 422-14]

In addition, the following information shall be submitted to the Township:

The nature of the landowner's interest in the land to be developed.

The density of land use to be allocated to the site to be developed.

Location and size of common open space and the form of the organization proposed to own and maintain the common open space.

The use and the approximate height, bulk, and location of dwellings and other structures and their proposed construction materials.

The feasibility of proposals for the disposition of sanitary waste and stormwater and provision of public water supply.

The substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

A provision for parking of vehicles and the location and width of proposed streets and public ways.

A statement which will show the ecological and economic impact of the development on the Township and especially as to the surrounding areas.

A traffic impact study, as per § 400-25E of Chapter 400, Subdivision and Land Development, documenting all improvements which may be needed to avoid off-site congestion or hazard which might arise as a result of the construction of the project for which application is made.

(j)

Such other data as will indicate compliance with the development standards of this section and Chapter 400, Subdivision and Land Development.

Where a multifamily development application involves land development and/or subdivision approval, any approval of the application shall be valid for a time period consistent with MPC Sections 508 and/or 917,[1] as the case may be. Where an application does not result in land development and/or subdivision, any approval of an application shall expire if the applicant fails to apply for a building permit or, if no building permit is required, a use and occupancy permit within six months from the date of the decision on the application.

[Amended 6-2-2014 by Ord. No. 422-14]

Editor's Note: See 53 P.S. § 10508 and 53 P.S. § 10917.

§ 455-66 Outdoor cafes.

[Amended 9-21-2009 by Ord. No. 391-09; 6-2-2014 by Ord. No. 422-14; 1-15-2018 by Ord. No. 433-18; 10-6-2025 by Ord. No. 471-25]

An outdoor cafe shall be permitted as an accessory outdoor area of an associated restaurant or tavern, including business, retail, or commercial principal uses with restaurant or tavern components, and otherwise actively operating and authorized as to the principal use, directly abutting the building in which the principal use is located, on the same lot as the principal building and use, and/or on the public sidewalk, open areas, or right-of-way abutting such lot, in the following Zoning Districts as set forth in Figure 3-1 and its supplements:[1]

PBO, Planned Business - Office District;

VB Village Business District;

VT Village Transition District;

VR Village Residential District; and

DC Devon Center Overlay District.

Editor's Note: Figure 3-1 and its supplements are included as an attachment to this chapter.

Outdoor cafes shall be subject to all of the following standards:

The applicant shall indemnify and hold harmless the Township, its officers, consultants, employees, and agents from and against any and all actions, suits, demands, payments, costs, and charges for and by reason of the existence of an outdoor cafe, and all damages to persons or property resulting from or in a manner caused by the presence, location, use, operation, installation, maintenance, replacement, or removal of such use, or by the acts or omissions of the employees for agents of the applicant for such use.

The associated restaurant or tavern shall have a minimum indoor seating capacity of 10 persons.

Outdoor cafe uses shall stop serving customers on or before 9:00 p.m., prevailing time, on Sunday through Thursday, and clear all tables of food, beverages, and customers on or before 10:00 p.m. On Friday and Saturday, customer service shall stop at 10:00 p.m., prevailing time, and all tables shall be cleared of food, beverages, and customers on or before 11:00 p.m.

Where the outdoor cafe is proposed to occur on a public sidewalk, open area or right-of-way, all of the following additional regulations shall apply:

A minimum pedestrian walkway of 48 inches clear is to be maintained in front of the outdoor cafe. The pedestrian walkway shall be kept clean and free of trash and other debris.

The minimum height of umbrellas which project into the required minimum pedestrian walkway shall be 80 inches.

Tables on the curb-line must be separated with barriers to properly protect patrons and pedestrians.

Uniform trash receptacles approved by the Township shall be provided in the outdoor cafe area.

Disposable plates, napkins or glasses shall not be utilized in the outdoor cafe.

In the event the outdoor cafe is located in an area that the Township, other governmental entity, or a public utility is performing maintenance or installation, the outdoor cafe shall be closed for the duration of the maintenance or installation.

Where the outdoor cafe is not proposed to occupy the public sidewalk or right-of-way, the outdoor cafe shall be separated from parking areas or traffic flow areas by fencing or buffering. However, in any location where the outdoor cafe is not separated from the flow of traffic or parking areas, no table shall be located within six feet of the curb or the boundary of that area, whichever is closer.

The applicant shall maintain the outdoor cafe in accordance with all Township ordinances and federal, state and county laws, as well as rules and regulations promulgated and adopted by the Township which pertain to this use.

The applicant shall remove the outdoor cafe within 30 days (or sooner if an emergency situation is identified) after written notice of the Township determines that the use is detrimental to the health, safety and general welfare of the Township or its residents as follows:

The outdoor cafe is no longer being used as such.

The use has been temporarily or permanently closed for violation of any Township, federal, state, or county law and/or regulation.

The use is operated in violation of any ordinance or regulations of the Township.

Due to pedestrian traffic changes, the use narrows the sidewalk to the extent that pedestrian traffic is impeded.

If temporary or permanent operation, maintenance, reconstruction or realignment of public sidewalks or rights-of-way precludes the safe use of the outdoor cafe area.

In the event that the applicant fails to remove the outdoor cafe and related equipment or infrastructure within seven days after the 30-day period of written notice (or such shorter periods identified in writing in an emergency situation), the Township may proceed to remove and restore the area and charge the applicant for the cost thereof. In this instance, the applicant is entitled to the return of furnishings or equipment so removed, only after the payment for all costs for the removal due to the Township and requesting the return in writing. The responsibility for removal under the provisions of this section shall be the sole responsibility of the applicant without any obligation or cost assessed against the Township.

§ 455-67 Places of worship.

Places of worship shall be subject to the following regulations:

Minimum lot area shall be 20,000 square feet based upon net lot area.

[Amended 12-15-2014 by Ord. No. 424-14]

The uses permitted under this use shall include:

Church, synagogue, or other place of worship.

Accessory uses, including the following:

Educational use as per § 455-57.

Gymnasium/recreational facility.

Commercial day-care center as per § 455-53.

Rectory or other lodging for minister, priest, rabbi, or similarly qualified individual.

Cemetery, when permitted as a special exception.

Accessory uses to a place of worship and on the same lot as the primary use shall meet the following:

Accessory uses shall meet area and bulk requirements of the zoning district in which they are located.

§ 455-68 Planned commercial shopping centers.

Accessory uses shall be set back a minimum of 25 feet from a residential use or district and shall be sufficiently screened to minimize disturbance of residential areas in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

A planned commercial shopping center may be permitted in the PBO District after being reviewed and approved as a conditional use and when in accordance with the following standards. These standards shall also apply to any single commercial use in the PBO District when the gross floor area of the use is 20,000 square feet or greater.

Uses permitted in a planned commercial shopping center include retail or services stores, restaurants, banks or other financial institutions, and professional offices.

Primary access shall be from a collector or arterial street as defined in the Township Comprehensive Plan.

When located adjacent to a residentially zoned district or existing residential use, parking, loading, and service areas shall be located at least 50 feet from the adjacent property line.

Establishments storing shopping carts out-of-doors shall provide defined areas on the site for storage of such carts, which shall be clearly marked and designed for their storage.

Trash receptacles shall be provided outside any establishment with takeout food service or convenience shopping.

Sidewalks shall be provided along all street frontage, and pedestrian access to sidewalks on or adjacent to the property shall be provided.

§ 455-69 Riding academies or stables.

Standards. Except for the temporary keeping of horses at the Devon Horse Show grounds, the keeping of horses or ponies shall be subject to the following restrictions and limitations:

The minimum lot size on which one horse or pony may be kept shall be two acres of fenced open area, exclusive of those areas occupied by dwellings (not intended to include outbuildings) for temporary or permanent human occupancy.

One additional horse or pony may be kept on each additional 1/2 acre of such land, to a limit of four horses or ponies.

No portion of the area which the horse or pony may occupy shall be closer than 40 feet from the nearest point of any dwelling for temporary or permanent human occupancy on any adjacent lot.

No manure shall be retained on any area within 300 feet of the normal high-water line of a pond, flowing or intermittent stream, or wells used to supply water for human consumption.

No facility including rings, jumping, or show areas shall be closer than 50 feet to the street line and residential uses or districts, and 30 feet to other property lines.

In the event a bridle path crosses a road, the property owner shall be responsible for posting signage indicating such use, in compliance with standard procedures and regulations for road signs and signage.

The perimeter of the lot on which the horse or pony is kept shall be enclosed by a fence sufficiently substantial to contain the horse or pony at all times. The fence may be constructed of wooden poles or boards, posts and rails, or runners, or the like, or two-strand electrified wires, designed and marked with signs so that they will present no hazard.

§ 455-70 Sale of agricultural products.

All grains shall be kept in rodentproof containers.

Application required. Prior to keeping or maintaining a horse or pony, application shall be made to the Zoning Officer for a permit. Said applicant shall demonstrate full compliance with the requirements and limitations contained in this section.

The display and sale of agricultural products shall be permitted from a permanent building or from a temporary stand dismantled and removed at the end of the growing season, provided that:

At least 50% of agricultural products displayed for sale shall be produced on the agricultural land contiguous to said building. Agricultural sales shall clearly be subordinate to the principal uses.

Such stand or building shall be located a minimum of 30 feet from any street right-of-way line.

A minimum of three parking spaces or one space for each 300 square feet of building floor area, whichever shall be greater, shall be provided behind the street right-of-way line.

Any sales, display, or parking area shall be at least 75 feet from a side or rear yard lot line.

Signs associated with the sale of farm products shall conform to the sign regulations within this chapter.

§ 455-71 Veterinary clinics.

A veterinary clinic shall be permitted when in accordance with the following standards:

All animal boarding buildings that are not completely enclosed and any outdoor animal pens, stalls, or runways shall be located within the rear yard.

All animal boarding buildings that are not completely enclosed and any outdoor animal pens, stalls or runways shall be a minimum of 50 feet from all lot lines.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals, and all such enclosures must be set back a minimum of 10 feet from all lot lines.

The sale of related products shall remain accessory to the veterinary clinic and shall occupy no more than 25% of the floor area of the principal building.

The operator of the veterinary clinic shall provide proof of all requisite permits, licenses, and certification to perform medical procedures and for the care and keeping of animals. Sanitary conditions in conformance with appropriate health authorities shall be maintained at all times.

§ 455-72 Accessory dwelling units.

Accessory dwelling units shall be permitted on lots of five acres and greater in the AA and R-1 Zoning Districts.

Accessory dwelling units shall be self-contained, providing customary kitchen and bathroom facilities.

Accessory dwelling units shall not be attached to the principal dwelling unit.

Accessory dwelling units shall comply with all applicable setbacks for the district in which the dwelling unit is located.

[Amended 6-2-2014 by Ord. No. 422-14]

Accessory dwelling units shall have a footprint not to exceed 25% of the principal dwelling unit footprint on the lot.

[Amended 12-15-2014 by Ord. No. 424-14]

A maximum of one accessory dwelling unit shall be permitted per lot.

Accessory dwelling units shall be adequately served by sewer and water facilitates approved by the Chester County Health Department.

The parking requirements for the additional residential accessory dwelling unit shall be met on the lot on which it is located.

The applicant shall demonstrate how safe and efficient access shall be provided to each dwelling from an existing public road by emergency services equipment.

§ 455-72.1 Floodplains.

[Added 5-15-2017 by Ord. No. 428-17]

It shall be unlawful to undertake, or cause to be undertaken, any construction or development within an identified floodplain area, except in accordance with Chapter 220, Floodplains.

§ 455-72.2 Liquid propane tanks.

[Added 1-15-2018 by Ord. No. 433-18]

The installation of liquid propane tanks shall be subject to federal, state and county law and regulation.

§ 455-72.3 Sidewalks.

[Added 1-15-2018 by Ord. No. 433-18]

Sidewalks shall be required for all subdivision or land development plans and shall comply with § 400-41.

Sidewalks shall be installed along the street frontage of any lot abutting a public or private street where sidewalks do not exist, when new construction of a principal building for the lot occurs or when the principal building for the lot is removed or demolished and replaced. Sidewalks shall comply with the terms of § 400-41.

Notwithstanding the requirements of § 455-72.3B hereinabove and except as provided in § 455-72.3D herein below, in developed areas where adjacent and surrounding properties on the same street as the property of the proposed principal building construction do not have sidewalks, sidewalks shall not be constructed and the applicant shall pay to the Township a fee-in-lieu of the construction of sidewalks in an amount based on the gross area of the sidewalk otherwise required, and as established by resolution of the Board of Supervisors in effect at the time of application. The fee shall be used by the Township for sidewalk construction, repair, and/or maintenance within the Township.

[Added 7-17-2023 by Ord. No. 457-23]

Subsection 455-72.3C shall not apply to i) the Village of Berwyn Districts, ii) properties fronting on Lancaster Avenue and iii) in Future Sidewalk Priority Locations and areas designated to Improve Pedestrian Mobility by the Township Comprehensive Plan of April 2018, Map 4-1, Pedestrian and Bicycle Mobility, or successor comprehensive plan or map; where the installation of sidewalk shall be required in compliance with the terms of § 400-41. In the event an applicant is granted relief from the requirements of this § 455-72.3D, the applicant shall pay to the Township a fee-in-lieu of the construction of sidewalks in an amount based on the gross area of the sidewalk otherwise required, and as established by resolution of the Board of Supervisors in effect at the time of application. The fee shall be used by the Township for sidewalk construction, repair, and/or maintenance within the Township.

[Added 7-17-2023 by Ord. No. 457-23]

§ 455-72.4 Short-term rentals.

[Added 2-4-2019 by Ord. No. 437-19; amended 11-21-2022 by Ord. No. 453-22]

An owner-occupied short-term dwelling rental unit shall be permitted by conditional use in all zoning districts. A short-term rental of a dwelling unit where the owner does not reside in the dwelling shall be considered as a type of short-term lodging, and shall be permitted by conditional use only in the PBO and VB zoning districts. Both owner-occupied short-term dwelling rental units, and short-term rentals of a dwelling unit where the owner does not reside in the dwelling (considered as a type of short-term lodging), shall be subject to the following regulations:

The short-term rental shall be considered an accessory use and remain incidental and secondary to the principal use of the building as a single-family residence.

The appearance of the building shall not be altered as to detract from its principal purpose as a residential structure, except for purposes of safety in meeting state and Township regulations. A separate guest entrance shall not be created for the short-term rental.

No guest rooms shall contain any cooking facilities. No food shall be served to guests.

Outdoor parking for guests shall be limited to the available parking areas on the property. In no event shall parking for the short-term rental include space in any street right-of-way or on any lawns or vegetated areas.

Notwithstanding anything contained in any of the applicable district regulations, any short-term rental containing four or more bedrooms shall be served by public sewer. The adequacy of an on-site sewage system for a short-term rental containing three or less bedrooms and the availability and adequacy of sufficient backup area on the lot to accommodate the proposed use shall be certified by the Chester County Health Department or other regulatory authority having jurisdiction on the basis of an on-site inspection or required improvements to the sewage system have been completed or are guaranteed.

The requirements of all other applicable ordinances of the Township, including but not limited to building, electrical, fire, and plumbing codes, shall be met.

No identifying signage shall be permitted on the property.

No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The property shall not be rented for more than 90 days in a calendar year. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Zoning Officer or Code Enforcement Officer at any time.

The short-term rental shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:

The name of the owner of the unit or the managing agency, agent, property manager, or local contact authorized, in writing, to accept service of the owner of the unit and a telephone number at which that party can be reached on a twenty-four-hour basis.

The 911 address of the property.

The maximum number of occupants permitted to stay in the dwelling unit at any one time.

The maximum number of vehicles allowed to be on the property and the requirement that all guest parking must be in the available parking areas on the property and not in or along any right-of-way or on any lawn or vegetated area.

The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property.

Notification that the guests may be cited or fined for creating a disturbance or for violating any other provision of the Township Code, or state or federal law.

The short-term rental shall be equipped with the following:

Smoke detectors in each bedroom.

Smoke detectors outside each bedroom in the common hallways.

Smoke detectors on each floor.

Carbon monoxide detectors if the garage is attached.

Carbon monoxide detectors if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning stove.