[Amended 6-28-2001 by Ord. No. 01-03]
In addition to the general criteria listed in §
150-302D for special exception uses, Article
XXX sets forth standards that shall be applied to each individual special exception use or selected permitted uses. These standards must be satisfied prior to approval of any application for a special exception use or a permitted use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless the standards set forth in this Article
XXX expressed for each special exception use or permitted use specify different standards; in such cases, the specific special exception use or permitted use standards set forth in this Article
XXX shall apply.
Standards that apply to adult regulated facilities are as follows:
A. An adult regulated facility shall not be located within 1,000 feet,
measured from lot line to lot line, of any other adult regulated facility.
[Amended 6-28-2001 by Ord. No. 01-03]
B. An adult regulated facility shall not be permitted to be located
within 1,000 feet, measured from lot line to lot line, of any public
or private school, day-care facility, public recreation facility or
any house of worship.
[Amended 6-28-2001 by Ord. No. 01-03]
C. An adult regulated facility shall not be located within 500 feet,
measured from lot line to lot line, of any land within a residential
zone.
[Amended 6-28-2001 by Ord. No. 01-03]
D. No materials, merchandise, film or service offered for sale, rent,
lease, loan or for view shall be exhibited, displayed or graphically
represented outside of a building or structure.
E. Any building or structure used and occupied as an adult regulated
facility shall be windowless or have an opaque covering over all windows
or doors of any area in which materials, merchandise, film, service
or entertainment are exhibited or displayed, and no sale materials,
merchandise, film or other offered items or service shall be visible
from outside the structure.
F. No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
service or entertainment offered therein.
G. Each and every entrance to the structure shall be posted with a notice
of at least four square feet that the use is an adult regulated facility,
that persons under the age of 18 are not permitted to enter and warning
all others that they may be offended upon entry.
H. Parking shall be established at the minimum ratio of one parking
space for each 100 square feet of gross floor area and one parking
space for each employee.
Standards that apply to amusement arcades are as follows:
A. All activities shall take place within a wholly enclosed building.
B. The applicant must furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade.
C. A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in §
150-263 of this chapter.
D. A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Standards that apply to animal hospitals are as follows:
A. All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be located within the
rear yard.
B. All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be a minimum of 100 feet
from all property lines.
C. All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of the animals; all such enclosures shall be set back a
minimum of 10 feet from all property lines.
Standards that apply to automobile filling stations are as follows:
A. The subject property shall have a minimum width of 125 feet.
B. The subject property shall front on an arterial or collector road
as defined in the Township Comprehensive Plan.
C. The subject property shall be set back at least 300 feet from any
lot containing a school, day-care facility, playground, library, hospital
or nursing, rest or retirement home.
D. The storage of motor vehicles, whether capable of movement or not,
for more than one-week period is prohibited.
E. Any parts removed from repaired vehicles shall not remain on the
site longer than 48 hours.
F. If the site is located within the Local Commercial Zone (LC), a minimum
ten-foot-wide landscape strip shall be provided along all lot lines.
G. All structures, including gasoline pump islands, but not permitted
signs, shall be set back at least 30 feet from any street right-of-way
line.
H. No outdoor storage of auto parts shall be permitted.
I. Access driveways shall be a minimum of 30 feet wide (35 feet in the HC Zone) and separated by 75 feet from one another if located along the same frontage as measured from edge to edge. Access drives shall conform to the specifications set forth in the West Manchester Township Access Drive Ordinance, Ordinance No. 96-01, Chapter
42, of the Township of West Manchester.
[Amended 3-14-1996 by Ord. No. 96-08]
J. All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet and oriented away from any adjoining residentially
zoned properties.
K. Within the LC Zone, the subject property must be set back a minimum
of 500 feet from any existing automobile filling station.
Standards that apply to automobile service and repair facilities
are as follows:
A. All service and/or repair activities shall be conducted within a
wholly enclosed building.
B. All uses involving drive-through services shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
C. No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded, as part of the service repair operation,
shall be permitted.
D. All exterior vehicle storage areas shall be screened from adjoining
residentially zoned properties.
E. The storage of unlicensed vehicles on the property is prohibited.
F. Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed towards any adjoining residentially
zoned property.
G. All vehicles shall be repaired and removed from the premises within
a forty-five-day period.
[Amended 6-28-2001 by Ord. No. 01-03]
H. The demolition or junking of automobiles is prohibited.
Standards that apply to banks and similar financial institutions
are as follows:
A. All drive-through window lanes shall be separated from the parking
lot's interior driveways.
B. All automated teller machines shall be located or contain convenient
parking spaces so that the on-site movement of vehicles will not be
hampered by those cars belonging to persons using the automated teller
machines.
C. Sufficient stacking lanes shall be provided associated with drive-through
windows to prevent vehicle backups on adjoining roads.
D. Any exterior microphone/speaker system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
Standards that apply to bed-and-breakfasts or tourist homes
are as follows:
A. No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character shall be
permitted.
B. All floors above grade shall have direct means of escape to ground
level.
C. One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
D. All parking areas shall be set back a minimum of 25 feet from all
property lines.
E. A bed-and-breakfast may erect one sign no larger than 12 square feet
in size. Such sign must be set back 10 feet from all lot lines.
[Amended 6-28-2001 by Ord. No. 01-03]
Within the I-3 Zones, one billboard per lot shall be permitted
in addition to one building by special exception subject to the following
criteria:
A. No billboard shall be located within 500 feet of another billboard.
B. All billboards shall be a minimum of 50 feet from all side and rear
property lines.
C. All billboards shall be set back at least 35 feet from any street
right-of-way lines.
D. All billboards shall be set back at least 100 feet from any land
within a residential zone.
E. No billboard shall obstruct the view of motorists on adjoining roads
or in view of adjoining commercial or industrial uses which depend
upon visibility for identification.
F. No billboard shall exceed an overall size of 300 square feet nor
exceed 25 feet in height.
Standards that apply to campgrounds are as follows:
A. Minimum lot area shall be 10 acres, a majority of which must not
be within Class I, II or III prime agricultural soils as listed in
the York County Soil Survey.
B. Setbacks. All campsites shall be located at least 50 feet from any
side or rear property line and at least 100 feet from any street line.
C. Each campsite shall be at least 3,000 square feet in size and shall
either provide parking space for one automobile which will not interfere
with the convenient and safe movement of traffic or equivalent parking
shall be provided in a common parking area.
D. An internal road system shall be provided. The pavement width of
one-way access drives shall be at least 14 feet, and the pavement
width of two-way access drives shall be at least 24 feet. On-drive
parallel parking shall not be permitted.
E. All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned properties. Such
outdoor play areas shall be used exclusively by registered guests
and their visitors.
F. All campgrounds shall furnish centralized sanitary and garbage collection
facilities that shall be set back a minimum of 100 feet from any property
line. Such facilities shall be screened from adjoining residentially
zoned properties.
G. Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property lines. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall have vehicular access from the campground's
internal road rather than the public street. All accessory commercial
uses and related parking shall be screened from adjoining residentially
zoned parcels.
H. All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or collector street as defined herein.
I. A campground may construct one freestanding or attached sign containing
no more than 32 square feet. Any reference to accessory commercial
or recreational facilities shall remain secondary in size to the reference
of the principal campground use. Such sign shall be set back at least
10 feet from the street right-of-way line and at least 25 feet from
adjoining lot lines.
J. All campgrounds must comply with all applicable state laws and regulations.
Standards that apply to car washes are as follows:
A. Public sewer and water facilities shall be utilized.
B. Each washing bay shall provide a one-hundred-foot-long on-site stacking
lane.
C. All structures housing washing apparatuses shall be set back 100
feet from any street right-of-way line, 50 feet from any rear property
line and 20 feet from any side lot lines; provided, however, that
in the event that the lot fronts on two street right-of-way lines,
then the setback requirements on the one street frontage shall be
reduced to 50 feet and the setback on the other street frontage shall
be reduced to 80 feet. No access to the street on the fifty-foot setback
side shall be permitted.
[Amended 11-21-1991 by Ord. No. 91-13]
D. Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter.
E. The subject property shall front on an arterial or collector road
as identified in the Township Comprehensive Plan.
Standards that apply to cemeteries are as follows:
A. The minimum lot area shall be five acres.
B. All burial plots or facilities shall be located at least 100 feet
from any property line or street line.
C. Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery.
D. No burial plots or facilities are permitted in flood hazard areas.
Standards that apply to churches and related uses are as follows:
A. Houses of worship.
(1)
The minimum lot area shall be two acres.
(2)
The minimum lot width shall be 200 feet.
(3)
All houses of worship shall have vehicular access to an arterial
or collector highway as identified in the Township Comprehensive Plan.
(4)
The side yard setback shall be 50 feet on each side.
(5)
All off-street parking areas shall be set back at least 25 feet
from the street right-of-way line.
B. Church-related residences (rectories and convents).
(1)
All residential uses shall be accessory and located upon the
same lot or directly adjacent to a lot containing a house of worship.
(2)
All residential uses shall be governed by the location, height
and bulk standards imposed upon other residences within the underlying
zone. In any nonresidential zones, such residences shall be set back
75 feet from the street right-of-way line and 30 feet from all other
property lines.
C. Church-related educational or day-care facilities.
(1)
All educational or day-care uses shall be accessory and located
upon the same lot as a house of worship.
(2)
If education or day care is offered below the college level,
an outdoor play area shall be provided at a rate of 100 square feet
per individual enrolled. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a six-foot-high
fence and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s).
(3)
"Enrollment" shall be defined as the largest number of students
and/or children under day-care supervision at any one time during
a seven-day period.
(4)
Passenger dropoff and pickup areas shall be provided and arranged
so that passengers do not have to cross traffic lanes on or adjacent
to the site.
(5)
All educational or day-care uses shall be governed by the location,
height and bulk standards imposed upon principal uses within the underlying
zone.
(6)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10, and/or one off-street parking space for each
three students, grades 10 and above.
Standards that apply to private clubs are as follows:
A. The subject property shall front on an arterial or collector road
as identified in Appendix 1.
[Amended 6-28-2001 by Ord. No. 01-03]
B. All off-street parking shall be provided between the front face of
the building and a point 25 feet from the right-of-way line of adjoining
road(s). Parking compounds will also be set back 30 feet from any
adjoining residential lot lines.
C. All outdoor recreation/activity areas shall be set back at least
50 feet from any property line.
D. Screening shall be provided along any adjoining residentially zoned
property.
Standards that apply to commercial day-care facilities are as
follows:
A. An outdoor play area shall be provided at a rate of 100 square feet
per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard and must be set back 25 feet from all property
lines. Outdoor play areas shall be completely enclosed by a six-foot-high
fence and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade, such as a shade
tree(s) and/or pavilion(s).
B. "Enrollment" shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
C. Passenger dropoff and pickup areas shall be provided and arranged
so that passengers do not have to cross traffic lanes on or adjacent
to the site.
D. One off-street parking space shall be provided for each six students
enrolled.
[Added 4-9-1998 by Ord. No. 98-06]
Standards that apply to communications antenna and communications
equipment building are as follows:
A. To ensure the structural integrity of a communications antenna, the
owner of a communications antenna shall ensure that it is maintained
in compliance with standards contained in applicable standards for
such antennas, as amended from time to time. Owners of a communications
antenna shall conduct periodic inspections of the antenna at least
once every year to ensure structural integrity. Inspections shall
be conducted by a qualified independent engineer licensed to practice
in the Commonwealth of Pennsylvania. The results of such inspection
shall be provided to the Township.
B. The communications antenna must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate a communications
antenna. If such standards and regulations are changed, then the owners
of the communications antenna governed by this chapter shall bring
the communications antenna into compliance with such revised standards
and regulations within the date established by the agency promulgating
the standards or regulations.
C. Owners of a communications antenna shall provide documentation showing
that the communications antenna is in compliance with all applicable
federal and state requirements. Evidence of compliance must be submitted
to the Township every 12 months.
D. Each communications antenna shall be equipped with an appropriate
anticlimbing device or other similar protective device to prevent
unauthorized access to the communications antenna.
E. When an antenna is installed on a structure other than a tower, the
antenna and associated electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible. Roof-mounted
antennas shall be made visually unobtrusive by screening to match
existing air-conditioning units, stairs, elevator towers or other
background.
F. Where feasible, a communications antenna shall be placed directly
above, below or incorporated with vertical design elements of a building
to help in camouflaging.
G. A communications antenna shall not be placed in a direct line of
sight with historic or scenic view corridors as designated by the
Township or by any state or federal law or agency.
H. Any communications equipment building that supports a communications
antenna must be concealed from public view or made compatible with
the architecture of the surrounding structures or placed underground.
A communications equipment building shall be screened from public
view by using landscaping or materials and colors consistent with
the surrounding backdrop. The communications equipment building must
be regularly maintained.
I. Landscaping shall be used to effectively screen the view of the communications
antenna and the communications equipment building from adjacent public
ways, public property and residential property.
[Added 4-9-1998 by Ord. No. 98-06]
Standards that apply to a communications tower are as follows:
A. The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and a communications antenna.
B. The applicant shall demonstrate that the proposed communications
tower and the communications antenna proposed to be mounted thereon
comply with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
C. A communications tower shall comply with all applicable Federal Aviation
Administration and Commonwealth Bureau of Aviation Regulations.
E. Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length.
F. A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot meeting
the minimum lot size requirements for the zoning district.
G. Recording of a plat of subdivision or land development shall be required
for a lease parcel on which a communications tower is proposed to
be constructed.
H. The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function.
I. The maximum height of any communications tower shall be 120 feet.
J. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties. Screening shall comply with §
150-278 of this chapter.
K. The communications equipment building shall comply with the required
yards and height requirements of the applicable zoning district for
an accessory structure.
L. The applicant shall submit certification from a Pennsylvania registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association.
M. The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the minimum
amount of $1,000,000 per occurrence covering the communications tower
and a communications antenna.
N. All guy wires associated with a guyed communications tower shall
be clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
O. The site of a communications tower shall be secured by a fence with
a maximum height of eight feet to limit accessibility by the general
public.
P. No signs or lights shall be mounted on a communications tower, except
as may be required by the Federal Communications Commission, Federal
Aviation Administration or other governmental agency which has jurisdiction.
A communications tower shall not be painted any color other than noncontrasting
gray.
Q. If a communications tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower within six months of the expiration of such twelve-month period.
R. One off-street parking space shall be provided within the fenced
area.
S. The applicant shall post security with the Township to ensure the
removal of the communications tower at the end of its useful life.
The security posted by the applicant shall be in an amount determined
by the Township Engineer and shall be in the form approved by the
Township Solicitor. A communications tower and communications antenna
shall be removed within one year following the termination of the
use.
T. The owner of the communications tower or communications antenna and
the owner of the land shall notify West Manchester Township of any
change in ownership of such structure or any change in the operator
of the same. The owner of the structure and the land shall be responsible
to provide such notice.
U. A communications tower must be set back from existing property lines
a horizontal distance equal to its height.
V. The Board of Supervisors may deny any application to construct a
communications tower if the applicant has not made a good-faith effort
to obtain permission to mount a communications antenna on an existing
building, structure or communications tower.
[Added 10-22-1998 by Ord. No. 98-12]
W. In order to reduce the number of communications towers in the community,
a proposed communications tower shall be required to be constructed
in a manner sufficient to accommodate at least three users in addition
to the applicant, including other personal wireless service companies
and local police, fire and ambulance companies.
[Added 10-22-1998 by Ord. No. 98-12]
Standards that apply to drive-through and/or fast-food restaurants
and caterers are as follows:
A. The subject property shall front on an arterial or collector road
as identified in Appendix 1.
B. Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter.
C. All drive-through window lanes shall be separated from the parking
lot's interior driveways.
D. Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
E. All exterior seating/play areas shall be completely enclosed by a
three-foot-high fence.
F. No part of the subject property shall be located within 200 feet
of any residentially zoned land.
G. For restaurants with drive-through windows, sufficient on-site stacking
lanes shall be provided to prevent vehicle backups onto adjoining
roads.
Standards that apply to agriculturally related uses are as follows:
A. All activities and services should be directed at meeting the needs
of those engaged in local farming. This use should not be construed
to include the sales of agricultural products to nonfarmers nor those
involved in wholesale distribution wholesale produce, tobacco and
livestock sales and auctions are expressly prohibited.
B. All uses shall have vehicular access to an arterial or collector
road as identified in the Township Comprehensive Plan.
C. Minimum lot size shall be one acre.
D. Maximum lot size shall be five acres.
E. No processing of agricultural products shall be permitted.
F. All structures shall be located at least 50 feet from all property
lines.
G. Maximum lot coverage shall be 20%.
H. Sufficient vehicle stacking lanes shall be provided to prevent vehicle
backups onto adjoining roads.
I. A minimum twenty-five-foot landscape strip shall be provided along
all property lines.
J. All on-site vehicle areas shall contain a bituminous or concrete
pavement surface.
K. Except for the outside storage of farm machinery, all outdoor storage
shall be completely enclosed by a six-foot-high fence and screened
from adjoining properties and roads. No outdoor storage is permitted
within the required landscape strip.
L. All grain storage facilities, conveying apparatuses, drying chambers
and axial ventilation fans shall be set back a minimum of 100 feet
from all property lines.
M. All off-street parking, loading, landscaping and signage requirements are listed in Articles
XXIV through
XXVII, respectively.
Standards that apply to farm occupations are as follows:
A. Only residents of the farm may be employed.
B. The use must be conducted within a wholly enclosed building.
C. Any outbuilding used for such farm occupation shall be located behind
the principal residence on the site.
D. No outdoor storage of supplies, inventory or materials used in the
farm occupation shall be permitted.
E. Only one farm occupation per lot is permitted.
F. Any activities that produce noxious dust, odor, light or noise perceptible
at the property line are prohibited.
G. All off-street parking and loading areas shall be contained behind
the principal residence.
H. The Zoning Hearing Board may attach additional conditions upon a
farm occupation to preserve the agricultural character of the area
and protect adjoining uses.
I. A farm occupation shall be clearly secondary to the principal agricultural
use of the property.
Standards that apply to funeral homes are as follows:
A. Public sewer and water facilities shall be utilized.
B. Sufficient off-street parking shall be provided to prevent traffic
backups onto adjoining roads.
C. No vehicular access to the site shall be from an arterial road.
D. All funeral homes must provide at least 50 off-street parking spaces.
[Added 10-22-1992 by Ord. No. 92-15]
E. All funeral homes must provide a one-hundred-foot off-street stacking
area for the formation of funeral processions on the site. No funeral
processions will be allowed to form on public streets.
[Added 10-22-1992 by Ord. No. 92-15]
Golf courses, including accessory uses (e.g., clubhouses, parking
lots, storage sheds, pro shops, snack bars, restaurants, swimming
pools, etc.), shall be permitted subject to the following standards:
A. Minimum lot area shall be 60 acres.
B. No golf hole shall be arranged to require a golf ball to be driven
over or across any building, road or parking lot.
C. Any points where the golf course crosses a road(s) shall be signed warning motorists and pedestrians, and the road shall contain speed bumps in accordance with §
150-258 of this chapter.
D. All accessory uses of the golf course shall be set back at least
100 feet from all lot lines.
E. No outdoor storage of maintenance equipment or golf carts shall be
permitted.
F. All golf course buildings shall be set back 75 feet from any adjoining
roads and 100 feet from adjoining parcels.
G. All off-street parking shall be in accordance with Article
XXIV of this chapter.
Standards that apply to greenhouses and nurseries are as follows:
A. All greenhouses and nurseries shall have vehicular access to an arterial
or collector road as identified in the Township Comprehensive Plan.
B. The display and sale of items not grown on the premises shall be
incidental to the nursery operation. The display area for these items
shall not exceed 25% of the total gross display and sales area on
the subject property. The display, sale or repair of motorized nursery
or garden equipment shall not be permitted.
C. All outdoor display areas shall be set back at least 25 feet from
the street right-of-way line.
D. All structural improvements, including parking and loading facilities,
but not including a freestanding sign, shall be screened from adjoining
residentially zoned properties.
E. One freestanding or attached sign may be permitted advertising the
business. Such sign shall not exceed 12 feet in size and must be set
back at least 10 feet from all lot lines.
[Added 6-10-1993 by Ord. No. 93-07]
Standards that apply to group homes shall be as follows:
A. The premises shall be under responsible supervision at all times.
B. Each special exception application shall be accompanied by a statement
describing the following:
(1)
The character of the facility.
(2)
The program's policies and goals and the means proposed to accomplish
the goals.
(3)
The characteristics of the service population and number of
residents to be served.
(4)
The operating methods and procedures to be used.
(5)
Any other aspects pertinent to the facility's program.
C. Any special exception granted for a group home shall be bound to
the type of care extended to the indicated service population. Any
change in the service population will require the obtainment of a
new special exception.
D. The Zoning Hearing Board may require outdoor play/recreation areas
to be completely enclosed by a six-foot-high fence. In addition, other
conditions may also be imposed to protect the general welfare of the
surrounding community.
Within the I-1 Industrial Park Zone, health and recreation clubs
are permitted by special exception, provided that the following criteria
have been satisfied:
A. Minimum lot area shall be two acres.
B. Maximum lot area shall be five acres.
C. All outdoor recreation facilities shall be set back at least 50 feet
from the street right-of-way line and 25 feet from all other lot lines.
D. Any accessory eating or retail use shall not be directly accessible
without passing through the main clubhouse building.
E. All lighting of outdoor recreation areas shall be arranged to prevent
glare onto adjoining properties and streets.
Standards that apply to home improvement and building supply
stores are as follows:
A. All outdoor storage and display areas, exclusive of nursery and garden
stock, shall be screened from adjoining roads and properties.
B. If the subject property contains more than two acres, it shall front
along an arterial or collector road as identified in Appendix 1.
Standards that apply to hospitals are as follows:
A. Minimum lot area shall be five acres.
B. Public sewer and water shall be used.
C. The subject property shall have frontage along an arterial or collector
road as identified in Appendix 1.
D. All buildings and structures shall be set back 50 feet from all property
lines.
E. Where possible, emergency entrances shall be located on a building
wall facing away from adjoining residentially zoned properties.
F. Notwithstanding anything contained in the Zoning Ordinance, the maximum
height of a hospital in a Mixed Use (MU) Zone may be increased to
77 feet provided that the portion of the building exceeding the maximum
height requirements of the zoning district are set back a minimum
of 300 feet from: all public cartways existing as of the effective
date of this subsection; and/or the boundaries of the Mixed Use (MU)
District existing as of the effective date of this subsection. Further,
the maximum height of a hospital within a Mixed Use (MU) Zone may
be increased by an additional 15 feet, provided that the additional
height shall be permitted only for the purpose of providing for a
structure to enclose or house mechanical equipment.
[Added 5-22-2008 by Ord. No. 08-07]
[Amended 3-24-1988 by Ord. No. 88-02]
Standards that apply to hotels and related facilities are as
follows:
A. Minimum lot area shall be as follows:
B. Maximum lot area shall be as follows:
(1)
I-1 Zone: five acres; provided, however, that a construction
of convention facilities can increase this maximum lot area to 10
acres.
C. The following accessory uses may be approved as part of the hotel
and related facilities application:
(3)
Cocktail lounge or nightclub.
(6)
Recreational uses and swimming pools.
(8)
Sauna, spa or steam room.
(11)
Other similar retail sales and personal services.
D. The above accessory uses, aside from outdoor recreational uses, shall be physically attached to the main hotel building except as provided in Subsection
F.
E. All hotels shall be separated by at least 1,000 feet from any other
existing hotel facility, as measured from the nearest property line.
F. In the RC Zone, one freestanding restaurant, tavern or nightclub
shall be permitted on the same lot as the principal hotel and related
facilities, subject to the following:
(1)
The proposed restaurant, tavern or nightclub shall offer the
preparation and serving of food and drink to be consumed on the premises;
no drive-through or takeout services shall be permitted.
(2)
No additional freestanding signs, other than those permitted
for the principal hotel and related facilities use, shall be permitted.
(3)
If a nightclub is proposed, the applicant shall furnish evidence
as to what means assure that the proposed nightclub will not constitute
a nuisance to adjoining uses, including the hotel, by way of noise,
litter, loitering and hours of operation.
(4)
Sufficient off-street parking spaces shall be provided and located
to conveniently serve the freestanding restaurant, tavern and/or nightclub
without interfering with required off-street parking associated with
the hotel and related facilities use.
Standards that apply to junkyards are as follows:
A. Minimum lot area shall be two acres.
B. The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot-high sight-tight fence and set back at least
100 feet from all property lines.
C. The storage of junk within a wholly enclosed building shall be set
back at least 50 feet from all property lines.
D. No material may be stored or stacked so that it is visible from adjoining
properties and roads.
E. All additional federal and state laws shall be satisfied.
Standards that apply to kennels are as follows:
A. Minimum lot area shall be two acres;
B. All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be located within the
rear yard;
C. All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be a minimum of 100 feet
away from all property lines;
D. All outdoor running areas shall be enclosed to prevent the escape
of the animals; all such enclosures shall be a minimum of 10 feet
from all property lines;
E. All animal wastes shall be regularly cleaned up and properly disposed
of; and
F. The applicant shall demonstrate a working plan to prevent or alleviate
any noise problems emanating from animals boarded on the site.
Standards that apply to liquor (state) stores are as follows:
A. No part of the subject property shall be located within 150 feet
of any residentially zoned lands.
B. No part of the subject property shall be within 300 feet of any school,
museum, library, playground, park, day-care facility or church property.
C. The applicant shall demonstrate a working plan for the cleanup of
litter and the prevention of loitering on the subject property.
Standards that apply to massage parlors are as follows:
A. A massage parlor shall not be permitted to be located within 1,000
feet, measured lot line to lot line, of an adult regulated facility.
B. A massage parlor shall not be located within 300 feet of any public
or private school, public recreation facility, house of worship, day-care
facility or any dwelling unit.
C. Parking shall be established at the minimum ratio of one parking
space for each 100 square feet of gross floor area, plus an additional
parking space for each employee.
Standards that apply to medical residential campuses are as
follows:
A. The campus shall primarily serve the needs of retirement-aged persons.
At least one resident of each household shall be at least 50 years
old or possess some handicap that can be treated within a setting
like the medical residential campus.
B. The campus shall achieve a balanced residential/medical environment
which cannot be achieved through the use of conventional zoning techniques.
C. Residences shall be functionally, physically and architecturally
integrated with medical service and recreational activity centers.
D. Commercial, medical and recreational uses shall be grouped together
and located near the population being served.
E. The minimum land area devoted to the campus shall be 10 contiguous
acres.
F. The site shall front on and have access to a collector or arterial
road as identified in Appendix 1.
G. All buildings or structures containing nonresidential use(s), off-street
parking lots and loading areas shall be set back at least 75 feet
from all adjoining residentially zoned land and 50 feet from all lot
lines of the campus property.
H. The maximum permitted gross density is 12 dwelling units per acre,
although net densities can exceed this gross density figure.
I. All buildings or structures used solely for residential purposes
shall be set back at least 35 feet from all lot lines of the campus
property.
J. The maximum permitted height is 60 feet, provided that an additional
two feet of required building set back shall be provided for that
portion of building height exceeding 35 feet.
K. No less than 40% of the subject property shall be devoted to green
space (that portion of the site without an impervious surface).
L. Each off-street parking lot shall provide at least 33.3% of the total parking spaces as those designed for the physically handicapped. (See §
150-259 for additional regulations.)
M. Only those uses which appear on an approved site plan shall be permitted.
Only those uses which provide a harmonious, balanced mix of medical,
residential and limited commercial uses primarily serving campus residents
and public, quasi-public and medical services for the off-campus retirement-aged
community will be permitted. Uses may include but need not be limited
to the following:
(1)
Dwelling, nursing homes and congregate living facilities for
the elderly or physically handicapped.
(2)
Medical facilities, including offices, laboratories, clinics,
professional or paramedical training centers, and ambulatory care
facilities. Business signs in conjunction with approved medical facilities
shall be permitted in accordance with those provisions pertaining
to the PO Zone.
(3)
Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of or visitors to the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall be permitted in accordance with the provisions of Article
XXVII.
(4)
Recreational and social uses, such as athletic facilities, community
centers and assembly halls, limited to use only by campus residents,
employees or visitors.
A. A neighborhood convenience commercial center may be provided as part
of a minimum five-hundred-dwelling-unit R-4 Zone development proposal.
For each 500 units proposed, a minimum of one acre of neighborhood
commercial uses, up to a maximum of two acres, may be constructed.
B. Prior to the construction of a neighborhood convenience store, the
actual construction of 250 dwelling units, plus the road system serving
the entire 500 dwelling units must occur.
[Amended 6-28-2001 by Ord. No. 01-03]
C. Such neighborhood convenience commercial uses shall be located at
the intersection of an arterial or collector road and the primary
entrance to the proposed R-4 Zone development. Direct vehicular access
to the neighborhood convenience commercial center shall be limited
to the street within the proposed residential development. Furthermore,
any driveway into the neighborhood convenience commercial parking
lot shall be set back a minimum of 100 feet from the arterial or collector
street right-of-way line along the site's frontage.
D. The proposed neighborhood convenience commercial center shall be
designed, oriented and constructed to serve the daily needs of the
R-4 Zone development residents. No automobile-related uses, arcade
or adult-related uses shall be permitted.
E. The proposed neighborhood convenience commercial center shall be
integrated with the R-4 Zone development and will be linked by safe
and convenient pedestrian walkways.
F. No neighborhood convenience commercial center shall be located within
1,000 feet of another neighborhood convenience commercial center.
G. Such commercial center shall be set back a minimum of 100 feet and
screened from adjoining residences.
H. No outdoor storage shall be permitted. Dumpsters shall be enclosed
by a six-foot-high sight-tight fence.
I. One freestanding sign for the entire neighborhood convenience commercial
center shall be permitted along the R-4 Zone development's street,
not along the site's frontage. Such sign shall be no larger than 32
square feet and will be set back at least 75 feet from the arterial
or collector street right-of-way along the site's frontage. In addition,
the sign shall be set back at least 10 feet from any other street
right-of-way and 100 feet from any residence.
J. All other design standards prescribed in Local Commercial Zone (LC)
shall apply to the proposed neighborhood convenience store(s).
Standards that apply to nightclubs are as follows:
A. No part of the subject property shall be located within 300 feet
of any residentially zoned lands.
B. The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties owing to hours of
operation, light and/or litter.
C. The applicant shall furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
the building.
D. A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Standards that apply to the noncommercial keeping of livestock
are as follows:
A. Minimum lot area shall be as follows:
(1)
Three acres; additionally, the following list specifies additional
area requirements by size of animals kept:
(a)
Group 1: Animals whose average adult weight is less than 10
pounds shall be permitted at an animal density of four per acre, with
a maximum number of 20 animals.
(b)
Group 2: Animals whose average adult weight is between 10 and
65 pounds shall be permitted at an animal density of two per acre,
with a maximum number of 20 animals.
(c)
Group 3: Animals whose average adult weight is greater than
65 pounds shall be permitted at an animal density of one per acre,
with a maximum number of 10 animals.
(2)
The keeping of a combination of animal types (Groups 1, 2 and
3) shall require an animal density equal to the ratio of the numbers
of animals, by type. In no case shall a lot contain more than 20 total
animals. Should one structure be used to house a combination of animal
types, the most restrictive setback shall apply.
B. The following lists minimum setbacks imposed upon the placement of
any structure used to house noncommercial livestock:
(1)
Group 1 animals: 100 feet from any property line.
(2)
Group 2 animals: 150 feet from any property line.
(3)
Group 3 animals: 200 feet from any property line.
C. All structures used to house noncommercial livestock shall be prohibited
from placement in the front yard.
D. All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of the animals; all such enclosures shall be set back a
minimum of 10 feet from all property lines.
E. All animal wastes shall be properly stored and disposed of so as
to not be objectionable at the site's property line.
Standards that apply to nursing, rest or retirement homes are
as follows:
A. Minimum lot area shall be two acres.
B. Public sewer and water facilities shall be used.
C. Off-street parking lots and loading areas shall be screened from
adjoining residentially zoned lands.
Standards that apply to the processing of farm products are
as follows:
A. The processing facility is located on the same lot and accessory
to the principal agricultural use of the site.
B. A majority of the materials to be processed have been grown or raised
on the subject property; the remainder of materials have been grown
or raised within the Township.
C. No butchering, slaughtering or rendering uses shall be permitted.
D. No retail sales of the products shall be permitted.
E. All processing activities shall be conducted within a wholly enclosed
building which is located behind the principal residence building
setback line.
F. No noxious odor, dust, glare, vibration or noise shall be perceptible
at the property line.
G. All off-street parking and loading areas shall be contained behind
the principal residence.
H. All employees shall reside on the subject property.
Standards that apply to public buildings, including firehouses,
are as follows:
A. All height, area, setback and coverage standards within the underlying
zone shall apply.
B. All off-street parking shall be 10 feet from adjoining property lines.
C. Outdoor storage of materials shall be prohibited within residential
zones. Outdoor storage in other zones shall be completely enclosed
within a six-foot-high fence and screened from adjoining streets and
properties.
D. The storage of maintenance vehicles and related apparatuses shall
be within wholly enclosed buildings.
Standards that apply to public utilities are as follows:
A. If located within a residential, open space or agricultural zone,
the applicant must demonstrate that the selected location is necessary
for public service and convenience and the use cannot be supplied
with equal effectiveness, if located elsewhere.
B. If located within a residential zone, all buildings and structures
shall be designed, to the extent possible, to have the exterior appearance
of a residence.
C. In any residential zone, the outdoor storage of vehicles or equipment
used in the maintenance of a utility shall not be permitted; in nonresidential
zones, all outdoor storage shall be screened from adjoining roads
and properties.
D. There shall be no specified minimum lot size; however, each lot shall
provide front, side, and rear yard setbacks and comply with the maximum
lot coverage requirements as prescribed in the underlying zone.
E. All structures shall be set back a distance at least equal to the
height of the structure from all adjoining property lines.
F. The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
subject property.
G. All site improvement shall be screened from all adjoining residentially
zoned properties.
Standards that apply to the recycling of paper, glass and metal
products are as follows:
A. All operations, including collection, shall be conducted within a
wholly enclosed building.
B. There shall be no outdoor storage of materials used or generated
by the operation.
C. The applicant shall explain the scope of operation and any measures
used to mitigate problems associated with noise, fumes, dust and litter.
D. The applicant will assure regular maintenance of the site to assure
the immediate collection of stray debris.
Standards that apply to restaurants and taverns are as follows:
A. The proposed restaurant shall offer the preparation and serving of
food and drink to be consumed on the premises. No drive-through or
takeout services shall be permitted.
B. Minimum lot area shall be one acre.
C. No restaurant shall be within 500 feet of another restaurant, except
one accessory to a hotel, within the I-1 Industrial Park Zone.
Standards that apply to riding schools or horse boarding stables
are as follows:
A. Minimum lot area shall be 10 acres.
B. Any structure used for the boarding of horses shall be set back at
least 200 feet from any property line.
C. All stables shall be maintained so as to minimize odors perceptible
at the property line.
D. All outdoor training or show facilities or areas shall be set back
100 feet from all property lines.
E. All outdoor training, show, riding, boarding or pasture area shall
be enclosed by a minimum of four-foot-high fence which will be located
at least 10 feet from all property lines.
F. All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking or movement
of vehicles across neighboring properties.
Standards that apply to shopping centers in the Highway Commercial
Zone are as follows:
A. The subject property shall front on an arterial or collector road
as identified in Appendix 1 of this chapter.
B. The minimum lot size shall be one acre.
C. The minimum lot width shall be 200 feet.
D. A minimum of 5.5 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area. This parking requirement is also subject to the permitted reduction described in §
150-261 of this chapter.
[Amended 1-28-2016 by Ord. No. 16-01; 6-22-2017 by Ord. No. 17-06]
A. The design of an integrated shopping center on multiple parcels may
be accomplished without meeting the side, front or rear yard setback
requirements imposed between adjoining lots within the shopping center;
provided that the lots around the perimeter of the shopping center
shall meet all of the side, front, or rear yard setback requirements
imposed by the underlying district in relation to lots and streets
outside of the shopping center.
B. A multiple-parcel shopping center or mall can be developed providing
common access, and off-street parking, stormwater management, or other
similar common facilities, provided that all such common facilities
will be made available so long as the use exists. Should the use of
the common facilities be eliminated, each property would be required
to comply with all applicable requirements. At the time of any proposed
land development or subdivision of a shopping center containing multiple
lots, each of the lots forming part of the shopping center shall be
made subject to reciprocal easements and covenants related to the
common access, off-street parking, stormwater management, or other
similar common facilities.
Standards that apply to solid waste disposal and processing
facilities are as follows:
A. Any processing of solid waste, including but not limited to incineration,
composting, shredding, compaction, material separation, refuse-derived
fuel, pyrolysis, etc., shall be conducted within a wholly enclosed
building.
B. No refuse shall be deposited or stored and no building or structure
shall be located within 200 feet of any property line and 500 feet
of any land within a residential zone.
C. Any area used for the unloading, transfer, storage, processing, incineration
or deposition of refuse must be completely screened from ground-level
view at the property line. (The use of an earthen berm is encouraged
where practicable.) In addition, such areas must also be completely
enclosed by an eight-foot-high fence with no openings greater than
two inches in any direction.
D. The applicant must demonstrate compliance, through a written statement,
and continue to comply with all applicable state and federal standards
and regulations.
E. The use shall be screened from all roads and adjoining properties.
F. All uses shall provide sufficiently long stacking lanes into the
facility so that vehicles waiting to be weighed will not back up onto
public roads.
G. All driveways onto the site shall be paved for a distance for at
least 200 feet from the street right-of-way line. In addition, a fifty-foot-long
gravel section of driveway should be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
H. Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against the indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
I. Hazardous waste, as described by the Department of Environmental
Resources, shall not be disposed of within the proposed use.
J. Litter control shall be exercised to prevent the scattering of windblown
debris, and a working plan for the cleanup of litter shall be submitted
to the Township.
K. The unloading, processing, transfer and deposition of solid waste
shall be continuously supervised by a qualified facility operator.
L. Any waste that cannot be used in any disposal process or material that is to be recycled shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. The containers are subject to the setbacks listed in §
150-352B of this chapter.
M. All storage of solid waste shall be indoors in a manner that is leak-
and vectorproof. During normal operation, no more solid waste shall
be stored on the property than is needed to keep the facility in constant
operation but, in no event, for more than 72 hours.
N. A contingency plan for the disposal of solid waste during a facility
shutdown shall be submitted to the Township.
O. Leachate from the solid waste shall be disposed of in manner in compliance
with any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, appropriate permits
shall be obtained from the applicable agencies and authorities. In
no event shall leachate be disposed of in a storm sewer, to the ground
or in any other manner inconsistent with the Department of Environment
Resources' regulations.
P. All structures shall be set back at least a distance equal to their
height.
Q. Water system.
(1)
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
(2)
In addition, a water feasibility study will be provided to enable
the municipality to evaluate the impact of the proposed development
on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water
for the proposed development and to estimate the impact of the new
development on existing wells in the vicinity. The water feasibility
study shall be reviewed by the Municipal Engineer.
(3)
A water system which does not provide an adequate supply of
water for the proposed development, considering both quantity and
quality, or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the municipality.
(4)
A water feasibility study shall include the following information:
(a)
Calculations of the projected water needs.
(b)
A geologic map of the area with a radius of at least one mile
from the site.
(c)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells.
(d)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site.
(e)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution.
(f)
Based on the geologic formation(s) underlying the site, the
long-term safe yield.
(g)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells and streams
and the groundwater table.
(h)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
R. The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on current traffic flows on this road system
and projections of traffic generated by the proposed use. Improvements
to the road shall be provided by the applicant to ensure safe turning
movements to and from the site and safe through movement on the existing
road.
S. A minimum one-hundred-foot-wide landscape strip shall be located
along all property lines. No structures, storage, parking or any other
related activity or operation shall be permitted within this landscape
strip. Any fences or other screening erected on the site must not
be located within this landscape strip.
Standards that apply to truck or motor freight terminals are
as follows:
A. Access shall be via an arterial road as identified by Appendix 1.
B. The applicant shall furnish a traffic study based upon the expected
number of vehicle trips generated from the proposed use and the current
traffic volumes on roads connecting the site with the United States
Route 30. Such study should identify any resulting traffic congestion
or safety problems, along with possible mitigation measures.
C. In the I-2 Zone, the area of the parcel designated for such uses
shall be limited to four acres in size.
[Amended 6-28-2001 by Ord. No. 01-03]
Within the LC Zone, a detached single-family dwelling may be
converted into two dwelling units subject to the following:
A. Minimum lot area shall be 8,000 square feet.
B. Public sewer and water facilities shall be used.
C. No modifications to the external appearance of the building, except
fire escapes, which would alter its residential character shall be
permitted.
D. All floors above grade shall have direct means of escape to ground
level.
Standards that apply to vocational and mechanical trade schools
are as follows:
A. Any maintenance, repair, rebuilding, testing or construction of mechanical
devices shall be conducted within a wholly enclosed building.
B. No outdoor storage shall be permitted.
[Added 8-24-1989 by Ord. No. 89-09]
Standards that apply to mini-warehousing are as follows:
A. Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when cubicles
open onto one side of the lane only and at least 30 feet wide when
cubicles open onto both sides of the lane.
B. Required parking spaces may not be rented as or used for vehicular
storage. However, additional external storage area may be provided
for the storage of privately owned travel trailers and/or boats, so
long as such external storage area is screened from adjoining residentially
zoned land and adjoining roads and is located behind the minimum front
yard setback line. This provision shall not be interpreted to permit
the storage of partially dismantled, wrecked or inoperative vehicles.
C. All storage shall be kept within an enclosed building except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatuses relying upon such fuels shall be stored only in
an external storage area as described above.
D. It shall be prohibited to store gasoline, diesel fuel, paint, paint
remover and other flammable materials. Also the repair, construction
or reconstruction of any boat, engine, motor vehicle or furniture
is prohibited.
E. No door openings for any mini-warehouse unit shall be constructed
facing any residentially zoned property.
F. Mini-warehouses shall be used solely for the dead storage of property.
The following uses are expressly prohibited:
(1)
Auctions, commercial wholesale or retail sales, including garage
sales.
(2)
The servicing, repair or fabrication of any item.
(3)
The operation of power tools or spray painting equipment.
(4)
The establishment of a transfer business.
(5)
Any use that is noxious because of odors, dust, fumes or vibrations.
G. The applicant shall provide a contract which will be used to prohibit
all such uses.
A. Within the Professional Office Zone (PO), the minimum lot size and
lot width may be reduced, subject to the following:
(1)
Minimum lot size shall be 15,000 square feet.
(2)
Minimum lot width shall be 90 feet.
(3)
All access drives shall be separated by 150 feet as measured at the street line and measured from the closest access drive edges. Access drives shall conform to the specifications set forth in the West Manchester Township Access Drive Ordinance, Ordinance No. 96-01, Chapter
42 of the Code of the Township of West Manchester.
[Amended 3-14-1996 by Ord. No. 96-08]
(4)
No setback shall apply along the common boundary of joint parking
lots shared by adjoining lots.
B. Within the Regional Commercial Zone (RC), the design of an integrated
development on multiple lots may be permitted subject to the following:
[Added 3-24-1988 by Ord. No. 88-02]
(1)
The total land area (tract) devoted to such integrated development
shall not be less than five acres; however, no minimum lot size shall
apply to lots contained within an approved integrated development.
(2)
All tracts shall be at least 300 feet wide.
(3)
All tracts shall be at least 300 feet deep.
(4)
While no setbacks are applied to interior lot lines within the tract, all of those setbacks listed in §
150-140 of this chapter shall apply along the peripheral boundaries of the tract.
(5)
No more than 60% of the tract area shall be covered by impervious
surfaces.
(6)
No access drive shall be located within 25 feet of any side tract property line. Access drives shall conform to the specifications set forth in the West Manchester Township Access Drive Ordinance, Ordinance No. 96-01, Chapter
42 of the Code of the Township of West Manchester.
[Amended 3-14-1996 by Ord. No. 96-08]
(7)
Except as noted above, all other requirements contained within Article
XVI shall apply to the proposed integrated development.
(8)
The integrated development shall make efficient use of common
access drives, parking lots, off-street loading spaces and stormwater
management facilities. In addition, the integrated development shall
be designed with a planned appearance through the use of coordinated
architecture, landscaping and signage throughout the total development.
(9)
All common facilities shall be made available to each lot within
the tract for so long as the integrated development exists. Should
use of these common facilities or any part thereof be eliminated,
each lot shall meet the requirements of this chapter.
[Added 6-27-1991 by Ord. No. 91-03]
Regulations for single-family detached dwellings or developments
in the OSR-1, OSR-2 and OSR-3 Zones shall be as follows:
A. The parcel cannot be developed using the open space development concept
due to topography narrowness or some other limiting physical factor.
B. The partial development of the parcel by conventional development
will not significantly impair the future use of the property as an
open space development.
C. The general welfare of the Township and adjacent properties would
be better served by conventional development.
D. If the conditional use is granted by the Board of Supervisors, development
must adhere to the following:
(1)
For OSR-1 Zones, standards for development shall be as in §
150-228.5.
(2)
For OSR-2 Zones, standards for development shall be as in §
150-228.11.
(3)
For OSR-3 Zones, standards for development shall be as in §
150-228.17.
[Added 12-19-1993 by Ord. No. 93-15]
Standards that apply to club warehouse stores are as follows:
A. The subject property shall abut an arterial road and have direct
access to an arterial road or to an access road connecting with an
arterial road. Arterial roads are identified in Appendix 1 of this
chapter.
B. The minimum lot size shall be 10 acres.
C. The minimum lot width shall be 500 feet.
[Added 6-28-2001 by Ord. No. 01-03]
Standards that apply to methadone treatment facilities are as
follows:
A. The facility must be licensed by the Commonwealth of Pennsylvania.
B. A methadone treatment facility shall not be established or operated
within 500 feet of an existing school, public playground, public park,
residential housing area, child-care facility, church, meeting house,
or other actual place of regularly stated religious worship established
prior to the proposed methadone treatment facility.
C. Notwithstanding Subsection
B, a methadone treatment facility may be established closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house, or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body for the municipality votes in favor of the issuance of a certificate of use and occupancy for said facility at such a location.
D. At least 14 days prior to the governing body voting on whether to
approve the issuance of a certificate of use and occupancy for a methadone
treatment facility at a location that is closer than 500 feet to an
existing school, public playground, public park, residential housing
area, child-care facility, church, meeting house, or other actual
place of regularly stated religious worship established prior to the
proposed methadone treatment facility, one or more public hearings
regarding the proposed methadone treatment facility location shall
be held following public notice. All owners of real property located
within 500 feet of the proposed location shall be provided written
notice of said public hearing at least 30 days prior to said public
hearing occurring.
[Added 3-28-2019 by Ord.
No. 19-01]
A. No person shall install or construct a solar energy farm without first obtaining approval pursuant to the plan review procedures of Chapter
121, Subdivision and Land Development.
B. The design and installation of solar energy units shall conform to
applicable industry standards, including those of the American National
Standards Institute (ANSI), Underwriters' Laboratories (UL), the American
Society for Testing and Materials (ASTM), and other similar certifying
organizations, and shall comply with applicable construction and building
codes, fire and life safety requirements, floodplain management and
stormwater management.
C. All on-site utility transmission lines and plumbing shall be placed
underground to the greatest extent feasible.
D. If applicable, the facility owner shall provide to the Township a
copy of the agreement between the landowner of the real property on
which the solar energy farm is to be located and the facility owner,
demonstrating that the facility owner has permission of the landowner
to apply for necessary permits or approvals for construction and operation
of the solar energy farm .
E. Solar energy farms that are connected to the utility grid shall provide
written authorization from the local utility company acknowledging
and approving such connection.
F. Signage shall comply with the prevailing sign regulations.
G. Solar panels shall be located to minimize glare on adjacent properties
or streets. The Township may require reasonable corrective actions
after installation of the solar energy farm to eliminate glare to
adjacent residences or streets which causes a risk to public health
or safety.
H. Solar energy farms shall meet the minimum lot size requirements of
the applicable zoning district. Solar energy farms in the Agricultural
Zone may exceed five acres. A solar energy farm in the Agricultural
Zone shall be designed to use primarily low-growing vegetative surfaces
under the solar energy units as a best management practice for stormwater
management and shall be configured to minimize disturbance of prime
agricultural soils.
I. All ground-mounted solar energy units shall be completely enclosed
by fencing that consists of a minimum six-foot-high fence with a locking
gate. A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations and on
the fence surrounding the solar energy farm informing individuals
of potential voltage hazards. Fencing shall be allowed in the front,
rear and side yards of a lot and shall be set back a minimum of 15
feet from all property lines or from any adjoining street right-of-way
line. Ground-mounted solar energy units and any accessory structures
or buildings shall be placed anywhere within the fenced area. The
Board of Supervisors may require opaque fencing to visually screen
the solar energy farm from adjacent public streets or residential
uses.
J. Ground-mounted solar energy units shall comply with the building
height restrictions for principal buildings of the applicable zoning
district.
K. The following components of a solar energy farm shall be considered
impervious coverage and shall be included as part of the impervious
coverage limitations for the underlying zoning district:
(1)
Foundation systems for solar energy units, typically consisting
of driven piles or monopoles or helical screws with or without small
concrete collars.
(2)
Any impervious foundations installed for accessory mechanical
equipment of the solar energy farm, including any foundation structure
to hold batteries or storage cells.
(3)
Gravel or paved access roads and parking areas servicing the
solar energy farm.
L. The applicant shall demonstrate compliance with the West Manchester
Township Stormwater Management Ordinance. Solar energy farm facility owners are encouraged to use
low-maintenance and/or low-growing vegetative surfaces under the system
as a best management practice for stormwater management.
M. The continuation of any agricultural or residential use, to include
but not be limited to grazing to control vegetation or other agricultural
or ecological practices to make beneficial use of the land underneath
the solar energy units or any land not dedicated to the solar energy
farm, will be permitted as customarily incidental to and compatible
with the solar energy farm use, and shall not be considered a second
principal use.
N. Access drives are required to allow for maintenance and emergency
management vehicles. The minimum cartway width shall be no less than
12 feet. The solar energy farm shall provide one off-street parking
space per 25 acres of developed solar energy farm up to a maximum
of five spaces.
O. Decommissioning requirements.
(1)
If a solar energy farm remains nonfunctional or inoperative
for a continuous period of one year, the facility shall be deemed
to be abandoned and shall constitute a public nuisance, unless the
facility owner demonstrates a good-faith intent to sell the facility.
Within six months of abandonment, the facility owner shall remove
the system, after a demolition permit has been obtained, in accordance
with the following:
(a)
Any aboveground mechanical equipment, wiring, and structural
components shall be removed.
(b)
Underground wiring and structural components shall be removed
and the resulting void space filled.
(2)
When the equipment comprising the solar energy farm is removed,
any disturbed earth as a result of the removal of the equipment shall
be restored, graded and reseeded or immediately returned to another
allowed use.
(3)
The facility owner shall submit an estimate for the total cost
of decommissioning without regard to salvage value of the equipment
(gross decommissioning cost), and also an estimate of the cost of
decommissioning net of the salvage value of the equipment (net decommissioning
cost) to the Township for review and approval prior to the first anniversary
of the issuance of an occupancy permit for the solar energy farm and
every fifth year thereafter. The facility owner shall post and maintain
financial security in the amount of the net decommissioning costs;
provided that at no point shall the financial security be less than
25% of the gross decommissioning costs. The financial security shall
be in the form of a bank-issued letter of credit or cash escrow or
other form of financial security approved by the Board. Cash escrow
funds shall be held in an interest-bearing escrow account for the
benefit of the facility owner.
(4)
If the facility owner fails to complete decommissioning within
the required time period, then the landowner shall within six months
complete decommissioning. The Township may draw on the financial security
to reimburse the landowner for decommissioning costs upon the request
of the landowner and submission of proof of costs in a form satisfactory
to the Township.
(5)
If neither the facility owner nor the landowner complete decommissioning
within the required periods, then the Township may take such measures
as necessary to complete decommissioning. To the extent the Township
incurs costs to rightfully perform any act in furtherance of decommissioning,
it may draw on the financial security to pay for all costs and expenses.
If the decommissioning costs and expenses are greater than the financial
security, then the Township may charge the landowner and/or facility
owner for the excess costs and expenses, including reasonable attorneys'
fees for collection, and such amounts shall be a special assessment
against the property and shall constitute a municipal lien on the
property for the amount of the assessment plus an additional penalty
of 10% of the assessment.
(6)
Upon completion of decommissioning to the satisfaction of the
Township, any remaining financial security shall be released to the
facility owner.