Certain uses of land and/or buildings, as specified herein,
whether permitted by right, special exception and/or conditional use,
shall be subject to supplemental regulations in addition to those
of the district in which the use is located.
Animal hospital. An animal hospital shall maintain all activities
within a completely enclosed soundproof building, and no objectionable
odors shall be vented outside the building. No animal hospital shall
be located less than 100 feet from any property line.
Animal kennels. Animal kennels in which animals are kept, boarded
or trained may be either enclosed buildings or a combination of buildings
and open runways. If all activities are maintained within a completely
enclosed building, no objectionable odors shall be vented outside
the building. If open runways are used, the building and runways shall
be located not less than 100 feet from all property lines. Where the
property abuts a district having residences as a principal permitted
use, the building and runways shall be not less than 200 feet from
such property lines.
Automotive repairs (repair garage). Activities including the repair
of automobiles, trucks, snowmobiles and motorcycles shall be conducted
within a completely enclosed building where adequate measures shall
be taken to minimize noise, vibrations, fumes and glare. Said buildings
shall be equipped with oil containment facilities/equipment which
shall prohibit any oil from being discharged upon the ground or into
streams, aquifers and/or environment. Refuse and/or waste oil shall
be removed from site with disposal required in accordance with governing
standards of the Pennsylvania Department of Environmental Protection.
Only vehicles to be repaired on the premises or picked up by the vehicles'
owner may be stored in the yard area. Where the operation abuts on
the side or rear property line of any district having residences as
a principal permitted use, a solid wall or solid opaque fencing eight
feet in height, designed to conceal and screen the automotive repair
facility from adjoining properties, shall be constructed and maintained
in good condition along such boundary. Outdoor trash dumpsters shall
be concealed within an area surrounded by a solid opaque fencing not
less than six feet in height. The provision of any outside lighting
shall be directed away from adjacent properties.
Automotive sales. Where the operation of an automotive sales use
abuts on the side or rear property line of any district having residences
as a principal permitted use, a solid wall or solid opaque fencing
eight feet in height, designed to conceal and screen the automotive
sales facility from adjoining properties, shall be constructed and
maintained in good condition along such boundary. Outdoor trash dumpsters
shall be concealed within an area surrounded by solid opaque fencing
not less than six feet in height. The provision of any outside lighting
shall be directed away from adjacent properties.
Gasoline service stations (also includes convenience stores with
gasoline sales). When a service station abuts on the rear or side
lot line on the side or rear property line of any district with residences
as a principal permitted use, a solid wall or solid opaque fencing
eight feet in height, designed to conceal and screen the gasoline
service station from adjoining properties, shall be constructed and
maintained in good condition along such boundary. Outdoor trash dumpsters
shall be concealed within an area surrounded by solid opaque fencing
not less than six feet in height. The provision of any outside lighting
shall be directed away from adjacent properties. When a service station
occupies a corner lot, the access driveways shall be located at least
60 feet from the intersection of the front and side street lines of
the lot. All access driveways shall not exceed 25 feet in width. Gasoline
pumps or other service appliances and canopies may be located in the
required front yard, subject to having a setback of not less than
20 feet from the right-of-way line of the adjoining road. All repairs,
service, storage or similar activities in connection with the use
shall be conducted within the building where adequate measures shall
be taken to minimize noise, fumes and glare. Outside lighting shall
be directed away from adjacent properties.
Car wash. Appropriate drainage facilities for washing activities
shall be provided. The facility shall be designed with a water reclamation
system. The site shall be sufficiently large to accommodate three
cars per stall waiting washing during peak periods so that lines along
public streets are avoided. Such operations shall also comply with
any applicable regulations of the Pennsylvania Department of Environmental
Protection. Car wash operations abutting on the side or rear property
lines of a district having residences as a principal permitted use
shall provide a solid wall or solid opaque fencing eight feet in height
and well maintained along such boundary. Outdoor trash dumpsters shall
be concealed within an area by solid opaque fencing not less than
six feet in height. Outdoor lighting shall be directed away from adjacent
properties.
Banks. Banks and other similar financial offices shall provide sufficient
space to accommodate parking, vehicular circulation areas for drive-in
tellers, access areas for parking lots separated from drive-in areas,
and areas for pedestrian traffic separated from vehicular traffic
for safety. Access driveways shall be no more than 25 feet in width.
Canopies over drive-through areas shall meet all yard setback requirements.
Bed-and-breakfast. A bed-and-breakfast shall be within an owner-occupied
dwelling containing not more than three bed-and-breakfast units which
are rented on a nightly basis for periods of normally not more than
a week. Dining and other facilities shall not be open to the public,
but shall be exclusively for the use of the residents and registered
guests. Breakfast shall be the only meal served. Two off-street parking
spaces shall be provided for each rental unit.
Boarding/rooming house. The property shall be limited to providing
lodging for not more than four persons, excluding the owner of the
property. Off-street parking spaces shall be provided for each person
residing therein.
Cemeteries. The property shall not be less than 10 acres. A structure,
grave or place of permanent burial shall be set back not less than
50 feet from the property line. The cemetery shall be enclosed along
all boundaries by a fence, wall or shrubbery, or any combination thereof,
at least four feet in height. The interior roads shall have a minimum
width of 15 feet and shall be properly maintained with either gravel
or paving.
Club/private lodge. Buildings utilized for such purposes shall not
be less than 40 feet from any property line. Where the use abuts on
the rear or side lot line of any district with residences as the principal
permitted use, a solid wall or solid opaque fencing not less than
six feet in height, designed to conceal and screen the use from adjoining
properties, shall be constructed and maintained in good condition
along such boundary. Outdoor trash dumpsters shall be concealed within
an area surrounded by solid opaque fencing not less than six feet
in height. The provision of any outside lighting shall be directed
away from adjacent properties.
Contractors' storage yards. Commercial or industrial uses utilizing
outdoor storage space of more than 1,000 square feet shall be located
on a tract of land not less than two acres. Supplies stored outdoors
shall be neatly arranged and no required yard setback areas shall
be used for storage. There shall be a roadway 14 feet in width provided
for every 40 feet of stored materials. The roadway shall be kept passable
for firefighting equipment. Where the operation abuts on the rear
or side lot line on the side or rear property line of any district
having residences as the principal permitted use, a solid wall or
solid opaque fencing eight feet in height, designed to conceal and
screen the outdoor storage areas from adjoining properties, shall
be constructed and maintained in good condition along such boundary.
Outdoor trash dumpsters shall be concealed within an area surrounded
by solid opaque fencing not less than six feet in height. The provision
of any outside lighting shall be directed away from adjacent properties.
The applicant or owner shall provide evidence of certification of
compliance with all appropriate regulations of any designated state
agency whose approval and/or license is required by the laws of the
commonwealth.
Noise and all other possible disturbing aspects connected such use
shall be controlled to the extent that the operation of such use shall
not unduly interfere with the use and enjoyment of properties in the
surrounding area.
All day-care facilities shall have an outdoor play area which shall
be completely enclosed with a fence six feet in height. Outdoor play
activities shall be limited to the hours between 10:00 a.m. to 5:00
p.m., local time. The minimum area of said play area shall be 300
square feet or 10 square feet per child, whichever is greater.
The applicant shall supply evidence that vehicular traffic congestion
will be avoided in pickup and dropoff points utilized in transporting
individuals to and from the facility.
Dwelling over or attached to a business. A dwelling unit over or
attached to business establishments may be permitted provided that
such dwelling is occupied by the owner or manager of such business.
Said dwelling unit shall be designed as living quarters with private
access, having adequate natural light and kitchen and bathroom facilities.
The required off-street parking shall include residence parking spaces
in addition to commercial parking spaces as required by Article 11.
Entertainment facilities. Entertainment facilities as defined in Article II of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 50 feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure.
In order to preserve forests and the environmental and economic benefits
that they provide, it is the policy of Bear Creek Township to encourage
the owners of forest land to continue to use their land for forestry
purposes, including the long-term production of timber, recreation,
wildlife, historical and amenity values. The timber harvesting regulations
set forth in this section are intended to further this policy by:
A zoning permit application shall be submitted to the Bear Creek
Township Zoning Officer prior to harvesting or otherwise removing
trees on any tract of land larger than five acres;
Prior to the start of operations, a forestry management plan
shall be prepared and filed with the submission of the zoning permit
application. Said plan shall be prepared by a qualified forester or
forest technician, with a four-year degree from and accredited college;
Prior to the approval of the zoning permit application, an erosion
and sediment control plan shall be submitted by the applicant to the
Luzerne County Conservation District for its review, recommendation
and approval;
When harvesting or otherwise removing on tracts larger than
five acres, at least 30% of the forest cover (canopy) shall be kept
and the residual trees shall be well distributed. At least 30% of
these residual trees shall be composed of highest value species as
determined and documented by the forestry management plan;
Funeral home. Funeral homes shall accommodate all of the parking areas required as provided in Article XI of this chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or solid opaque fencing six feet in height. Outside lighting shall be directed away from adjacent properties.
Group residence. Any party wishing to establish and/or operate a
group residence, in addition to all other applicable zoning regulations
and/or requirements, shall be subject to the following supplemental
requirements:
The maximum occupancy of a group residence shall not exceed eight
persons, excluding staff. The occupancy of said group residence shall
be governed by the standards and requirements as provided for within
the most recent housing code standards by the governing code as provided
for under the Pennsylvania Uniform Construction Code.
The applicant and/or operator of a group residence shall provide
written documentation from the applicable governmental entity which
certifies said group residence complies with the location, supervised
services, operation, staffing and management of all applicable standards
and regulations of the subject governing program.
The applicable requirements and standards which govern off-street
parking for a single-family dwelling shall also govern for a group
residence; however two additional off-street parking spaces shall
be provided and if there is any required staffing associated with
the management and operation of a group residence.
Home occupations. A home occupation which is conducted within a dwelling
unit or an existing accessory building to the dwelling shall be subject
to the following provisions:
There shall be permitted a sign, not to exceed two square feet in
surface area, placed flat against the building as a wall sign, and
shall not be permitted above the first story level. No other exterior
display or exterior storage of materials or any other exterior indication
of the home occupation shall be permitted.
The home occupation shall be carried on only by members of the immediate
family residing in the dwelling unit, plus not more than two additional
employees. Licensed medical practitioners and attorneys may have more
than two additional employees, subject to approval by the Zoning Hearing
Board.
The floor area devoted to a home occupation, regardless of where
located on a lot, shall be equivalent to not more than 25% of the
floor area of the dwelling unit.
Industrial activities. In addition to the applicable requirements
of this chapter, all industrial activities and uses permitted by right,
special exception and/or conditional use shall comply with all regulations
governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial
waste, fire hazards and any other of the activities and uses with
side effects that are deemed injurious to the public health, safety
and welfare by the United States Environmental Protection Agency (EPA),
the Pennsylvania Department of Environmental Protection (DEP) and
the Pennsylvania Department of Labor and Industry. It shall be the
responsibility of the applicant to provide the Zoning Officer with
a complete listing of all state and federal regulations governing
the proposed use and written compliance from the governing agency.
All industries are required to supply the Township Emergency Management
Agency and the Fire Department with all applicable MSDS sheets, emergency
operations and evacuation plans.
In the case of a corner lot, access drives shall be not less than
80 feet from the intersection of any two streets as measured from
the intersection of their right-of-way lines.
No-impact home-based business. A no-impact home-based business, as defined in Article II of this chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business:
The business activity shall not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity shall not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
a residential use in the neighborhood.
Outdoor fuel-burning furnace. An outdoor fuel-burning furnace shall
be deemed to be an accessory structure permitted in all zoning districts
as a special exception use, thereby requiring approval from the Zoning
Hearing Board. Said furnaces shall only be located within a rear yard
of a property. An outdoor fuel-burning furnace shall comply with the
following standards:
A safe flue or chimney shall be provided which has a minimum termination
height of 25 feet above the natural ground level upon which the furnace
is located.
An outdoor fuel-burning furnace shall be located not less than 100
feet from any property line and not less than 40 feet to any principal
structure or building located upon the property.
All outdoor fuel burning furnace are required to meet emission standards
currently required by the Environmental Protection Agency (EPA). Emission
standards currently required by the EPA are hereby adopted by reference
together with any amendments or modifications made to them in the
future.
All outdoor fuel-burning appliances shall be installed, operated
and maintained in strict conformance with the manufacturer's instructions
and the regulations promulgated hereunder. In the event of a conflict,
the regulations promulgated within this section shall apply unless
the manufacturer's instructions are stricter, in which case the manufacturer's
instructions shall apply.
The owner of the outdoor fuel-burning furnace shall produce the manufacturer's
instructions for all devices that do not conform to the requirements
of this section.
All outdoor fuel-burning furnaces may only be utilized for the sole
purpose of furnishing heat to a structure or building and/or providing
hot water during the time period of October 1 through April 30; and
subject to meeting the requirements of this section.
Only natural wood, coal, heating oil, natural gas, kerosene or wood
specifically permitted by the manufacturer in writing may be burned
in outdoor furnaces. The burning in outside furnaces of processed
wood products and non-wood products, household or other garbage, recyclable
material, rubber tires, railroad ties, leaves, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited.
All storage of materials to be burnt in the outdoor fuel-burning
furnace shall be neatly stacked and/or stored under cover and free
from insects (termites, ants, etc.) or any type of disease-carrying
rodents.
Ashes or waste cannot be accumulated in a large area on the
property. They may be dispersed on the property as long as no accumulation
can be seen (for example: spread in a driveway). Any large accumulation
of ashes or waste must be disposed of weekly with the owner's trash.
Place of worship. A parking area shall accommodate all parking spaces as required in Article XI of this chapter. Access driveways shall be not greater than 25 feet in width. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines.
Public uses. Municipal, police and fire buildings. Where the parking
area abuts the side or rear property lines of an adjoining residential
use, a fence being not less than six feet in height along with a planting
of shrubbery or evergreen trees shall be provided.
Public utility buildings and structures. Public utility facilities as defined in Article II shall conform to the following regulations for properties containing such uses:
A buffer area not less than 10 feet in depth and comprised of trees
and/or shrubs designed to conceal such buildings or structures of
such facilities shall be required.
Restaurants and taverns. Access drives shall not exceed 25 feet in
width and for those establishments located on a corner lot; no access
drive shall be located less than 60 feet from an intersection, as
measured from the right-of-way lines, from the intersection of the
two abutting streets. Outdoor trash dumpsters shall be concealed within
an area surrounded by solid opaque fencing not less than six feet
in height. The provision of any outside lighting shall be directed
away from adjacent properties.
Restaurant, fast food. Access drives shall not exceed 25 feet in
width and for those establishments located on a corner lot; no access
drive shall be located less than 60 feet from an intersection, as
measured from the right-of-way lines, from the intersection of the
two abutting streets. Outdoor trash dumpsters shall be concealed within
an area surrounded by solid opaque fencing not less than six feet
in height. The provision of any outside lighting shall be directed
away from adjacent properties. All drive-through lanes shall be distinctly
marked and shall be separate from circulation lanes. Lanes shall not
cross any principal pedestrian access to the building or site. To
avoid internal traffic congestion, the site layout shall provide a
minimum queuing distance of 150 feet for vehicles between start of
lane order to service window and a minimum queuing distance of 50
feet from start of lane to order.
Riparian buffer. In all zoning districts, a minimum setback of 100 feet from any natural watercourse (as defined in Article II) shall be required for any form of development and/or improvements.
Single residential structures containing multifamily dwelling units.
Such structures shall contain a lot area of not less than 2,500 square
feet for each dwelling. A minimum lot width of not less than 100 feet
shall be required. Each side yard shall have a setback of not less
than 15 feet.
Townhouses. Townhouses which are not being developed as part of a planned residential development shall be subject to the following provisions and all applicable provisions of Chapter 109, Subdivision and Land Development:
No side yard setbacks shall be required for attached interior
townhouse units. A minimum side yard setback of not less than 15 feet
shall be required only at the ends of the rows of townhouses.
Unattached accessory structures such as pools, garages, carports
and sheds shall be prohibited in the front yard. Unattached accessory
structures located in the side or rear yard shall have not less than
five feet side and rear yard setbacks. Attached accessory structures
shall have the same setbacks as required for principal structures.
Trucking facilities. The property shall not be less than three acres in area. Access drives shall be no more than 25 feet in width; parking and loading areas shall conform to the regulations within Article XI. No truck parking or terminal operation shall be allowed within 100 feet of any lot line. Outside lighting shall be directed away from adjacent properties.
Warehouse and distribution facilities. All materials shall be stored within a completely enclosed building and yard areas shall be kept clear of junk, trash or other types of debris. Access drives shall not exceed 25 feet in width; parking and loading areas shall conform to the regulations of Article XI of this chapter. No warehouse activities, including parking and/or loading areas, shall be allowed within 50 feet of any property line.
Warehouse (self-storage). These facilities may be a building or group
of buildings in a controlled-access and fenced compound, containing
varying sizes of individual compartmentalized and controlled-access
stalls or lockers for dead storage of customers' goods and personal
property, with storage space available for rental to the general public.
All storage shall be contained within a completely enclosed building
or buildings. There shall be a minimum spacing of 25 feet between
buildings for traffic circulation, parking and fire lane purposes.
All outside lighting shall be directed away from adjacent properties.