[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
See § 27-787.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
An alcohol rehabilitation facility shall be permitted as a use
by special exception, subject to the following express standards and
criteria:
A.
Facilities and equipment to support overnight boarding shall not
be permitted.
B.
The provisions of this subsection shall apply whether or not an occupancy
permit or certificate of use has been issued to the owner or operator
of a methadone treatment facility for a location that is 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.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A bakery shall be permitted as a use by special exception, subject
to the following express standards and criteria:
A.
Any and all odors generated as part of a bakery operation shall be
in conformance with the performance standards of this chapter.
B.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
C.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
D.
To minimize conflicts between food items, animals and the natural
elements, the storage of pallets and other loading-related equipment/materials
shall be contained within an enclosed and covered structure.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A bank/financial institution shall be permitted as a use by
special exception, subject to the following express standards and
criteria:
A.
The Township shall require the landowner and/or developer to prepare
and submit a traffic impact analysis of the proposed development.
B.
The ground of off-street parking and loading spaces shall be paved
with bituminous brick, concrete or stone block paving material to
protect the surrounding neighborhood from inappropriate dust and other
disturbances.
C.
Side and rear buffer areas shall be maintained in accordance with
this chapter.
D.
Paved off-street stacking spaces shall be arranged in an orderly
fashion so as not to cause blockage of any means of ingress or egress
and to ensure that the traffic flow on public rights-of-way is not
endangered in any way. A separate means of ingress shall be established
and clearly marked, as shall be a separate means of egress from the
bank. Should any traffic congestion occur in the public right-of-way,
it shall be the responsibility of the owner to direct traffic away
from the facility by posting a "temporarily closed" sign or other
means. The Township may require any traffic studies and associated
improvements as a condition of approval.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A bed-and-breakfast shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
No more than five bedrooms may be available or used for such use
in any building.
B.
Not more than one ground sign shall be permitted on the lot. The
maximum permitted sign area shall be 20 square feet.
C.
Service meals shall be limited to breakfast only to overnight guests
of the facility.
D.
All off-street parking spaces shall be provided on the lot. The number of off-street parking and loading spaces shall be provided as defined by Part 9 of this chapter. All parking spaces and driveways shall be surfaced with bituminous brick, concrete or stone block paving material.
E.
The owner and/or manager of the facility shall reside therein.
F.
An overnight guest shall not occupy the facility for more than 14
consecutive nights in a thirty-day period.
G.
Means of ingress and egress to the lot shall be from an arterial
or collector street only.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A billboard shall be permitted as a use by special exception,
subject to the following express standardized criteria:
A.
Location. Required spacing shall be measured from a point perpendicular
to the structure along the front lot line parallel to the center line
of the roadway to which the billboard is oriented.
(1)
The minimum front, side and rear yard requirements applying
to a principal use as set forth within the zoning district in which
the bill-board is to be located shall apply to each billboard structure.
(2)
A billboard shall be considered a structure and shall be included
in the calculation of maximum building coverage. The maximum lot coverage
calculation shall be cumulative, including the billboard and any other
structures and buildings on the same lot therewith.
(3)
No billboard shall be erected in such a manner as to block the
view from the road or street of any existing business identification
sign or residential or nonresidential structure or to limit or reduce
the light and ventilation requirements regulated by Township provisions
for building construction and fire prevention.
(4)
No billboard shall be constructed within the clear sight triangle
of the public street or road on which it is situated, and it shall
not in any case obstruct or impede traffic safety.
(5)
Billboards shall maintain a lateral minimum spacing of 750 feet
between billboard structures. Required spacing shall be measured from
a point perpendicular to the centermost point of the billboard structure
along the front lot line parallel to the center line of the roadway
to which the billboard is oriented.
(6)
Billboards may not be mounted on the roof, wall or other part
of a building or any other structure.
B.
Size and Height. A billboard shall have a maximum allowable gross
surface area of 750 square feet per sign face. A billboard shall have
a maximum of two sign faces per billboard structure.
(1)
The billboard structure may have sign faces placed back-to-back
or in a V-shaped configuration on a single billboard structure.
(2)
A billboard sign face shall be independently supported and have
vertical supports of metal which are galvanized or otherwise treated
to prevent rust and corrosion.
(3)
The one vertical support shall be capable of enabling the entire
sign face to be able to withstand a minimum wind load of 60 miles
per hour.
(4)
The entire base of the billboard structure shall be permanently
landscaped with suitable shrubbery and/or bushes of a minimum height
of three feet placed in such manner as to screen the foundation of
the structure.
(5)
Landscaping shall be maintained by the billboard sign owner
in an attractive and healthy manner in accordance with accepted conservation
practices.
(6)
Permanent landscaping shall form a base and/or backdrop to the
billboard sign when practical, in the opinion of the Zoning Officer.
(7)
No bare earth cuts are permitted on a hillside.
(8)
All earth cuts or fills are to be permanently seeded or planted.
C.
Other Restrictions. All billboards must operate in compliance with
the following additional restrictions:
(1)
A billboard with display lighting shall be constructed so that
it does not glare upon adjoining property and shall not exceed a maximum
of 1.5 footcandles upon the adjoining property.
(2)
Display lighting shall not operate between 12:00 midnight and
5:00 a.m., prevailing local time. All lighting shall be in accordance
with the provisions of this chapter.
(3)
No billboard structure, sign face or display lighting shall
move, flash or emit noise. No display lighting shall cause distractions,
confusion, nuisance or hazard to traffic, aircraft or other properties.
(4)
The use of colored lighting is not permitted.
(5)
Electronic variable-message billboards, meaning an electrically
or electronically activated billboard sign containing message content
that, either in whole or in part, may be changed by means of electronic
programming, shall not be permitted, with the exception of time-and-temperature
indicators.
(6)
No billboard shall have changing or moving colors, pictures,
images, graphics, or text.
D.
Maintenance.
(1)
A billboard structure shall be entirely painted every three
years.
(2)
Every 10 years, the owner of the billboard shall have a structural
inspection made of the billboard by an engineer or an architect and
shall provide to the Township a certificate from the engineer or architect
certifying that the billboard is structurally sound.
(3)
Annual inspections of the billboard shall be conducted by the
Township to determine compliance with the provisions of this chapter.
(4)
Billboards found to be in violation of this chapter shall be
brought into compliance or shall be removed within 30 days, upon proper
notification by the Township. Failure to comply shall be a violation
of this chapter.
(5)
Billboards using removable paper or other materials shall be
maintained in such condition as to eliminate loose or frayed material
protruding or hanging from the structure.
E.
Permits. Prior to submission of an application for a building permit,
the applicant for a billboard use shall obtain and submit with the
application approvals from the County of Allegheny and the Pennsylvania
Department of Transportation (PennDOT).
F.
Application Fees. Said application shall be accompanied by an application
fee in an amount equal to that set by resolution of the Board of Supervisors.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Kennels shall be permitted as a use by special exception, subject
to the following express standards and criteria:
A.
Such uses shall be located at least 100 feet from any lot line adjoining
a residential use or zoning district and at least 50 feet from any
other lot line.
B.
The minimum lot area required for the use shall be 80,000 square
feet.
C.
Outdoor runs and similar facilities shall be constructed for easy
cleaning, shall be adequately secured by a fence with a self-latching
gate and shall be screened by a six-foot-high compact hedge or one-hundred-percent-opaque
fence on all sides which are visible from any street or residential
lot.
D.
If adjacent properties are developed for single-family dwellings,
the kennels shall be soundproofed to minimize noise impact on adjacent
properties.
E.
The kennel shall be licensed by the Commonwealth of Pennsylvania,
and compliance with all applicable rules and regulations of the Commonwealth
of Pennsylvania and the Allegheny County Health Department shall be
maintained.
F.
At no time shall the animals be permitted to run loose on the lot
other than in a completely enclosed area.
G.
This conditional approval shall be subject to periodic inspections
to ensure compliance with the conditions of approval.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A microbrewery shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Any and all odors generated as part of a microbrewery operation shall
be in conformance with the performance standards of this chapter.
B.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
C.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
D.
To minimize conflicts between food/beverage items, animals and the
natural elements, the storage of pallets and other loading-related
equipment/materials shall be contained within an enclosed and covered
structure.
[Added by Ord. 464, 4/3/2013, § IC]
A brewpub shall be available as a use by special exception subject
to the following express standards and criteria:
A.
Any and all odors generated as part of the microbrewery operation
shall be in conformance with the performance standards of this Chapter.
B.
In order to assure pedestrian safety, access and circulation patterns
for both customers and deliveries/loading shall be clearly posted
or otherwise marked.
C.
No outdoor storage shall be allowed, which prohibition shall apply
to all outdoor storage, including, without limitation, to the storage
of palettes and other loading-related equipment/materials, portable
storage units, cargo containers and tractor trailers.
D.
One landscaped island for every seven parking spaces shall be provided
within all parking areas. All landscaped islands shall contain one
tree a minimum of two inches dbh.
E.
Outdoor seating shall not be utilized after 9:00 p.m., except on
Friday and Saturday nights, when such seating maybe utilized until
10:00 p.m.
F.
All mechanical equipment and loading areas/docks shall be screened
with either landscaping or fencing from neighboring uses.
G.
Service trucks for the purpose of loading and unloading materials
and equipment shall be restricted to between the hours of 8:00 a.m.
and 8:00 p.m., Monday through Saturday, and between 11:00 a.m. and
7:00 p.m. on Sundays and legal holidays.
H.
Access and loading bays shall not face any street.
I.
Access and loading bays and dumpsters shall have their doors closed
at all times, except during the movement of raw materials, other supplies
or finished products into or out of the building.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Business services shall be permitted as a use by special exception,
subject to the following express standards and criteria:
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A car wash shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Washing operations shall take place in an enclosed building, except
for one outside washing bay.
B.
Parking and reservoir area shall be in accordance with Part 9.
C.
All driveway and waiting areas shall be paved with a permanent surface
and edged with a curb where it abuts grassed areas. Paved areas shall
be sloped to an acceptable storm drainage system. Areas of the lot
not paved shall be landscaped and maintained.
D.
Access shall be limited to two driveways and one additional driveway
on a second street where the lot abuts a second street, such driveways
each not more than 35 feet wide at the lot line. No driveway shall
be located within 75 feet of any street intersection, measured from
the point of crossing of the intersecting street right-of-way lines
abutting the lot and the edge of the driveway nearest the intersection.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A cemetery shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The minimum size of a cemetery shall be 10 acres.
B.
The developer shall provide a statement of guaranteed perpetual maintenance
before approval is given.
C.
No burial sites shall be within 50 feet of any lot line or 100 feet
of a street right-of-way, and no crematorium shall be within 200 feet
of any lot line.
D.
Access drives shall be located to take maximum advantage of sight
distances for motorists.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A contractor yard or material storage facility shall be permitted
as a use by special exception, subject to the following express standards
and criteria:
A.
The business shall include a permanent building on the lot for office,
storage or minor assembly use of not less than 1,000 square feet.
B.
Areas used for the storage of supplies and equipment shall be screened
from view of adjacent residential properties and from adjacent highways.
C.
Lighting of the lot shall adhere to § 27-508 required provisions pertaining to lighting and glare for all districts.
D.
Areas of the lot not occupied by buildings or by storage areas shall
be either paved or landscaped and maintained.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A convenience store, including gas and/or energy recharge station,
shall be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
B.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
C.
One additional tree per gas pump shall be planted on the lot.
D.
Lighting associated with any canopy constructed on the lot shall
be installed as internal illumination of the canopy only.
E.
To minimize conflicts between food/beverage items, animals and the
natural elements, the storage of pallets and other loading-related
equipment/materials shall be contained within an enclosed and covered
structure.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A country club/golf course shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
The lot shall contain not less than 50 acres and shall have direct
access to a state or county highway.
B.
All buildings on the lot shall be set back at least 200 feet from
any lot line.
C.
Access drives shall be located to take maximum advantage of sight
distances for motorists and shall be as remote as possible from street
intersections.
D.
Parking areas shall be screened from view of neighboring houses or
those directly across the street from the lot.
E.
Recreation areas on the lot other than the golf course shall meet
the requirements of this chapter.
F.
The golf course itself shall not be lighted.
G.
The residence of a caretaker shall be the only dwelling permitted
on the lot.
H.
One identification sign only, at the entrance to the lot, shall be
permitted, with each of the sign's two faces, maximum, not more than
32 square feet in area for each face.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A crematorium shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Any and all odors and smoke generated as part of a crematorium operation
shall be in conformance with the performance standards of this chapter.
B.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
C.
No outdoor storage shall be permitted on a lot associated with a
crematorium.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
An adult day-care center shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
Exterior recreation space shall be located on the lot in an effort
to minimize physical conflict between said use and surrounding land
uses.
B.
No accommodations for overnight facilities of patrons shall be provided
on the lot.
C.
Said use shall possess licensure as issued by the Commonwealth of
Pennsylvania to operate as a day-care center.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A day-care home shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Exterior open space shall be provided, being usable and accessible
only for the children, at a minimum ratio of 65 square feet per child.
Interior space shall be provided as per the regulations of the Pennsylvania
Department of Welfare. In addition, other lot and area requirements
within the zoning district in which the day-care center is proposed
shall apply.
B.
Off-street parking spaces required for day-care centers shall be
one for each 300 square feet of gross floor area, with a minimum of
four spaces.
C.
Depending on traffic and/or adjoining use of the premises, a fence
with approved height and strength by the Township may be required
along the lot's perimeter for the protection of those using the day-care
home/center.
D.
Safe vehicular access and areas for discharging and picking up children
shall be provided.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A department store shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A minimum of two access points to the development shall be provided
on the lot.
B.
Outdoor storage and/or merchandise display shall not occupy any parking
spaces on the lot.
C.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
D.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A drive-in theater shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The lot shall have direct access to a state highway.
B.
The location of entrances shall be clear and well-marked, and circulation
within the parking area shall be obvious.
C.
Maximum unobstructed sight distances shall be available for motorists
entering as well as leaving the premises.
D.
Lighting of parking areas shall adhere to required provisions pertaining
to lighting and glare for all districts.
E.
Parking and truck loading areas shall be screened from view from
adjacent residential properties.
F.
In the case of drive-in theaters, the screen shall be oriented away
from the highway, and the ticket building shall be located so that
at least two rows of 10 cars each may line up on the premises approaching
the building.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Driving ranges, including par-three courses and miniature golf,
shall be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
The minimum lot area shall be three acres.
B.
The location and orientation of golf activities on the lot shall
be designed to minimize conflicts and liability of such activity on
surrounding uses.
C.
The number of off-street parking and loading spaces shall be provided
as defined by this chapter.
D.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous brick, concrete or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
E.
A driving range's hours of operation and activities must be appropriately
scheduled to protect the surrounding neighborhood from detrimental
noise, disturbance or interruption.
F.
The owner(s) and operator(s) of a driving range shall be responsible
for the conduct and safety of the members, visitors or guests and
shall be available to respond to inquiries and promptly quell any
disturbances caused by the members, visitors and guests.
G.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids is permitted.
H.
Light fixtures for the night illumination of putting greens, driving
range areas and parking areas shall be designed to minimize illumination
levels to zero footcandles when measured from an adjacent lot line.
I.
The owner(s) and operator(s) of a driving range shall incorporate
best management practices as outlined in the Pennsylvania Handbook
of Best Management Practices for Developing Areas to minimize negative
impacts of erosion, siltation and surface water and groundwater contamination.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A dry-cleaning processing facility shall be permitted as a use
by special exception, subject to the following express standards and
criteria:
A.
All materials and equipment shall be stored within a completely enclosed
building.
B.
The use shall comply with all performance standards specified in
this chapter.
C.
The storage or manufacture of hazardous or potentially hazardous
materials which are not listed on file with the Township shall not
be permitted.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
An emergency services (police, fire, and EMS station) facility
shall be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
An access analysis shall be conducted in order to evaluate sight
distance and to identify appropriate lot access points. Special traffic
signage control and lighting may need to be provided pending the results
of said access analysis.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Fairgrounds shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
All parking areas adjacent to an existing residential lot shall provide
a screen with a minimum height of six feet. Screens shall be constructed
as earth berm, landscaped buffer yards, fence or wall and should have
a minimum opacity of 80%.
B.
To minimize negative traffic, noise and lighting impacts on surrounding
development, said activity shall be limited to no more than 10 consecutive
days in a calendar month.
C.
Service areas, maintenance areas/facilities and dumpster areas shall
be screened from adjacent residences with a screen with a minimum
height of eight feet. Screens shall be a minimum opacity of 80%.
D.
Exterior lighting for areas visible from adjacent residential lots
shall be reduced to 50% luminosity after 11:00 p.m.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A farm shall be permitted as a use by special exception, subject
to the following express standards and criteria:
A.
A farm shall contain at least 40 acres of land.
B.
A commercial feedlot operation may be permitted if no parts of it
are nearer than 400 feet from a residential lot line.
C.
Wayside sales of produce grown on the premises only may be permitted,
provided that the structure meets all requirements for setbacks in
the zoning district where located, off-street parking for at least
10 cars is provided, safe access to the abutting road is available,
no more than one freestanding sign not more than 20 square feet in
area, each face, is erected, and the structure is closed up and secured
and the sign removed when the market is not in operation.
D.
Any new operation or expansion of an existing farm shall not be approved
by the Township until an erosion and sedimentation control plan has
been prepared and found satisfactory by the County Conservation District.
E.
A list of all chemicals utilized in the propagation and care of farm
products shall be filed annually with the Township Zoning Officer.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A farmette shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A farmette shall contain at least five acres of land.
B.
Permitted activities shall include only the growing of crops; the
breeding, raising and hatching of poultry, fowl, rabbits, chinchillas,
fish, frogs or bees; the raising and breeding but not slaughtering
of cows, sheep, horses, goats or hogs; and boarding stables.
C.
A commercial feedlot operation shall not be permitted.
D.
Animals shall not be fed garbage, offal or other wastes.
E.
All farm buildings shall not be closer to any lot line than 150 feet.
F.
Surface water runoff from areas where animals are enclosed shall
be diverted away from adjacent residential properties and shall not
contaminate downstream watercourses.
G.
Wayside sales structures shall be removed from the roadside when
not in use.
H.
Any new operation or expansion of an existing farm shall not be approved
by the Township until an erosion and sedimentation control plan has
been prepared and found satisfactory by the County Conservation District.
I.
A list of all chemicals utilized in the propagation and care of farm
products shall be filed annually with the Township Zoning Officer.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A retail farm stand shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A business established for the purposes of a retail farm stand shall
have one point of ingress and egress to a public road right-of-way.
The point of ingress and egress shall be located in a manner that
minimizes detrimental traffic impacts to both pedestrians and vehicles.
B.
A retail farm stand may be placed adjacent to or separately from
a lot on which a farm or farmette is located.
C.
Display areas within parking lots and outdoor storage areas shall
be included within the calculated gross floor area.
D.
The minimum number of required parking spaces shall not be utilized
for any display areas and/or outdoor storage areas.
E.
To promote adequate vehicular safety and circulation, an entrance
drive surfaced with bituminous brick, concrete or stabilized aggregate
shall be constructed between the nearest public road right-of-way
and the retail area. The entrance drive shall be a minimum of 16 feet
wide. Loading and equipment storage areas shall, at a minimum, be
paved with crushed limestone aggregate.
F.
A retail farm stand shall not significantly intensify vehicular or
pedestrian traffic which is normal for the residences in the neighborhood.
G.
No more than one identification sign associated with advertising
the farm, farmette and/or retail store shall be permitted. The identification
sign shall be a ground or a wall sign and shall have a maximum graphic
area of 40 square feet.
H.
The sale of live animals, if included as part of the retail use,
shall be limited to domesticated animals.
I.
The minimum distance between buildings shall be 30 feet.
J.
The maximum length of any building shall be no more than 200 feet.
K.
Unless the landowner places a list of the following materials on
written record with the Township, no storage or transfer of toxic,
corrosive, flammable, carcinogenic or explosive materials, chemicals,
liquids, gases or solids shall be permitted on the lot(s), with the
exception of gasoline, diesel fuel and oil for the operation and maintenance
of motorized vehicles and equipment.
L.
The owner(s) and operator(s) of a retail farm/farmette shall incorporate
best management practices as outlined in the Pennsylvania Handbook
of Best Management Practices for Developing Areas to minimize negative
impacts of erosion, siltation and surface water and groundwater contamination.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A flea market shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The minimum lot area shall be 10 acres. The maximum lot area shall
be 20 acres.
B.
The premises shall be maintained so as to not constitute a nuisance
or a menace to public health and safety.
C.
No garbage, organic waste, petroleum products or hazardous waste
shall be stored, buried or disposed of on the premises.
D.
No outdoor storage, outdoor sales, structure or outdoor display activity
associated with a flea market shall occur within 200 feet of any dwelling
unit or within 100 feet of any lot line or right-of-way line of a
public street.
E.
Any material or object associated with a flea market shall not be
stored outdoors more than 48 hours in a seven-day period.
F.
The premises shall be enclosed by a wall or fence on the interior
edge of the required buffer yard. If fencing is erected, supplemental
vegetative screening not less than six feet in height and located
between the fence and lot line shall be provided. The vegetative screening
shall create a visual buffer that is 100% opaque.
G.
Buffer Yard A, as defined by this chapter, shall be incorporated
between all lot lines adjoining a nonindustrial use or zoning district.
H.
Persons or owners who intend to operate a flea market shall obtain
a license to operate from the Township. Applications for licensing
can be obtained at the Township and shall be filed with the Township
Zoning Officer.
I.
To minimize traffic impacts on local Township roads, a flea market
shall be located along and primarily accessible from an arterial road,
as defined by this chapter. All flea markets shall have clearly labeled
access points with no less than one dedicated entrance and one dedicated
exit from the arterial road. The spacing of all entrances and exits
shall be separated by no less than 150 linear feet.
J.
All business shall be conducted from individual booths. The placement
of booths shall be arranged in a manner so that aisles of a minimum
width of 25 five feet between rows of booths are maintained in order
to facilitate access for fire fighting.
K.
All flea markets shall contain an indoor facility for booth spaces.
Outdoor booth spaces are permitted but shall not comprise more than
25% of the total booth spaces. Outdoor booth spaces are not permitted
in any parking area that impacts the minimum number of required parking
spaces.
L.
Seventy-five percent of all parking spaces that support flea market
activity shall be paved to minimize risk of pedestrian injury.
M.
To minimize stormwater runoff from impervious surfaces, the landowner/operator
and/or developer of a flea market shall provide a statement, in writing,
that it is intended to attempt to utilize existing parking lot(s)
for flea market attendees. The statement shall, at a minimum, contain
signatures from the landowner and/or developer as well as landowners
and/or developers of adjacent properties. Any agreement for said shared
parking shall be submitted to the Township as part of the licensing
application. It is the responsibility of the flea market owner/operator
to provide pedestrian pathways for safe connections from all parking
lots to the flea market sales area.
N.
All on-site parking lots shall comply with the standards of this
chapter. Parking spaces on neighboring lots available through shared
parking agreements shall be included when verifying that the total
number of parking spaces meets the minimum requirements of Table 5.
Parking for flea markets in areas other than parking lots, including
the shoulder of the arterial roadway, shall be prohibited.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A flex space shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A flex-space use shall have a minimum lot area of 20,000 square feet.
B.
A flex-space use shall have direct access to an arterial road, as
defined by this chapter.
C.
All equipment supplies, materials and other apparatus shall be properly
screened. Screens shall be constructed within an earth berm, landscaped
buffer yard, fence or wall with a minimum height of eight feet with
a minimum opacity of 80%.
D.
The buffer yard shall be landscaped with a combination of deciduous
and evergreen trees, shrubs, ornamental grasses and ground covers.
E.
Grass, sod, lawn or turf shall not be considered an acceptable plant
for use within landscaped buffer yards.
F.
A flex space that adjoins an existing residence shall not begin mechanical
operations until 7:00 a.m. and shall cease all mechanical operations
by 9:00 p.m.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A gaming facility shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Hours of operation shall be scheduled to minimize negative impacts
on any surrounding residential neighborhoods.
B.
All parking areas adjacent to an existing residential lot shall provide
a screen with a minimum height of six feet. Screens shall be constructed
as earth berm, landscaped buffer yards, fence or wall and should have
a minimum opacity of 80%.
C.
Service areas, maintenance areas/facilities and dumpster areas shall
be screened from adjacent residences with a screen with a minimum
height of eight feet. Screens shall be a minimum opacity of 80%.
D.
Exterior lighting for areas visible from adjacent residential lots
shall be reduced to 50% luminosity after 11:00 p.m.
E.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
Conflicts between customer and delivery/loading shall be minimized.
F.
In addition to minimum landscaping requirements defined by this chapter,
two trees per one bus parking space shall be provided within the parking
areas of a gaming facility.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009;
and by Ord. 750, 7/20/2011]
Gas and oil wells shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The applicant shall show the proposed routes of all trucks to be
utilized for hauling to and from the gas and oil well site and the
estimated weights of those trucks. The applicant shall show evidence
of compliance with designated weight limits on Township streets, unless
a bond and an excess maintenance agreement to assure road damage repair
is provided, and shall design the hauling routes to minimize the use
of an impact upon Township streets wherever feasible. The applicant
shall also show evidence satisfactory to the Township Engineer that
intersections along proposed hauling routes provide a sufficient turning
radius for trucks of the size to be utilized for hauling, such that
all turns can be safely made without damage to vehicles, sidewalks
or curbs.
B.
The applicant or operator shall post a bond or other financial security
in favor of the Township and in a form acceptable to the Township
prior to beginning operations to guarantee maintenance and repair
during construction/drilling/fracturing and post-operation restoration
of Township streets which may be determined in the reasonable opinion
of the Township Engineer to be damaged as a result of traffic generated
by gas and oil well use generated traffic. In addition, if the Township
Engineer concludes that gas and oil well generated traffic will cause
substantial damage to a Township road, then the applicant must, before
operations begin, enter into an agreement with the Township undertaking
the responsibility to repair the road to the extent determined in
the reasonable discretion of the Township Engineer, which agreement
may provide for a bond to be posted in excess of otherwise applicable
PennDOT limits when the Township Engineer has reasonably estimated
that the cost of repair will exceed the PennDOT limits. In addition,
should the Township Engineer reasonably determine that preventive
measures, such as shoring of bridges or putting protective mats over
utility lines, should be taken to prevent damage to Township roads,
bridges or utilities, then the applicant shall install such protective
measures as directed by the Township Engineer, prior to beginning
operations.
C.
Prior to the commencement of oil or gas well drilling activities,
no construction activities involving excavation of, alteration to
or repair work on any access road to an oil or gas well site shall
be performed during the hours of 9:00 p.m. to 7:00 a.m.
D.
The Township recognizes and acknowledges that oil and gas use is
accompanied by inherent noise. The regulations in this section are
intended and shall be interpreted and applied to establish a process
for reasonable noise control, that provides for response to individual
complaints, and requires that undue noise be addressed, where feasible,
without the Township dictating the particular operational steps that
must be taken. The operator shall take the following steps to minimize,
to the extent practicable, the noise resulting from the oil and gas
well use:
(1)
Prior to drilling of an oil and gas well, the operator shall
establish a continuous seventy-two-hour ambient noise level at the
nearest protected structure property line or 100 feet from the nearest
protected structure (as measured to the closest exterior point of
the building), whichever is closer to the well or, alternatively,
and in lieu of establishing the above seventy-two-hour ambient noise
level, the operator may assume and use, for the purposes of compliance
with this chapter, a default ambient noise level of 50 dBA. The sound
level meter used in conducting any evaluation shall meet the American
National Standards Institute's standard for sound meters or an instrument
and the associated recording and analyzing equipment which will provide
equivalent data. For the purposes of this chapter, a "protected structure"
shall be any occupied residence, commercial business, school or church
located within 1,000 feet of the surface location of an oil or gas
well that may be impacted by noise generated from drilling or hydraulic
fracturing activity at an oil or gas well, excluding any structure
owned by an oil and gas lessor who has signed a lease with the operator
granting surface drilling rights to drill the subject well or whose
owner (or occupants) has/have signed a waiver relieving the operator
from implementation of the noise measures established in this chapter
for the owner's or occupant's benefit.
(2)
The operator shall provide documentation of any established,
seventy-two-hour evaluation relied upon to establish an ambient noise
level greater than 50 dBA to the Township's Zoning Officer within
three business days of such a request from the Zoning Officer.
(3)
The noise generated during drilling and hydraulic fracturing
activities, when measured at the nearest protected structure property
line or 100 feet from the nearest protected structure (as measured
to the closest exterior point of the building), whichever is closer
to the well, shall not exceed the average ambient noise level (as
determined by the seventy-two-hour evaluation) or default level, whichever
is higher: during drilling activities, by more than seven decibels
during the hours of 7:00 a.m. to 9:00 p.m.; during drilling activities,
by more than five decibels during the hours of 9:00 p.m. and 7:00
a.m.; or by more than 10 decibels during hydraulic fracturing operations.
The operator shall inform the Township of which level (average ambient
noise level or default level) is being used. The operator shall provide
for ongoing regular noise level monitoring at a station to be located
at or near the nearest protected structure property line or 100 feet
from the nearest well (as measured to the closest exterior point of
the building), whichever is closer to the protected structure. The
noise monitoring data acquired at this station shall be made available
to the Township upon request.
(4)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
20
|
1
|
|
NOTES:
| |
|---|---|
|
*
|
Cumulative minutes during any one hour.
|
(5)
If a complaint is received by the Township from any person,
whether a resident or otherwise using the protected structure for
any lawful purpose, within 1,000 feet from the wellhead or equipment
generating noise during drilling or hydraulic fracturing activities,
the operator shall, within 24 hours of receipt of the complaint from
the Township, continuously monitor for a forty-eight hour period at
a point which is the closer the complainant's building of:
(6)
Once the monitoring is complete, the operator will provide monitoring
data to the Township and will meet with Township representatives and
affected property owners and will provide a noise abatement plan to
effectively mitigate any noise exceeding the permitted levels. In
determining the noise mitigation measures to be installed, the Township
may, at the expense of the operator, utilize the services of a consultant
with expertise in noise measurement, noise remediation and in gas
and oil well drilling and operation.
(7)
Exhaust from any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with an exhaust muffler or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer's specifications.
(8)
All workover operations shall be restricted to the hours of
7:00 a.m. to 9:00 p.m., except as necessary, as reasonably determined
by the operator. "Workover operations" shall mean work performed in
a well after its completion in an effort to secure production where
there has been none, restore production that has ceased, or increase
production.
(9)
In cases where noise has exceeded permitted levels and it is
economically feasible for gas and oil well drilling rigs to be outfitted
with acoustic barrier insulation blankets, such barriers shall be
installed in accordance with best management practices in the industry;
provided, however, that no such acoustic barrier shall be required
where its use would be contrary to applicable state or federal regulations
or where its use would create a safety hazard in the opinion of the
Township Engineer or of any regulatory agency with jurisdiction.
(10)
Sections 27-743D and H(3) shall not apply to conventional oil and gas well drilling and completion activities; i.e., those wells drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent, or to such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days or seven days total in any twelve-month period, measured commencing within the first day of drilling.
E.
Notwithstanding any other provision in this chapter, provide sufficient
parking to allow all vehicles associated with the gas and oil well
operation to be parked off-street. Parking areas within 200 feet of
an occupied building not associated with the gas and oil well operation
shall provide a slag or stone or other surface designed to minimize
dust or, alternatively, dust reduction measures such as water sprinkling
whenever necessary.
F.
The operator shall take all necessary steps to ensure that public
roads remain free of dirt, mud or debris resulting from gas and oil
well traffic or activities, including road sweeping and tire washing,
if needed. Where traffic generated by the gas and oil well is heavy
in the proximity of school bus stops, the operator will provide flagmen
to ensure the safety of children waiting for or leaving school buses.
G.
The operator shall, prior to drilling and once per year thereafter,
provide an opportunity for Township emergency services providers to
arrange visits to the well site for the purpose of being oriented
to the location, equipment, materials used at and layout of the site.
Such orientation visits shall be mutually arranged between the operator
and the chief officer of any given emergency provider service.
(1)
The operator shall provide appropriate maps, material data safety
sheets, and emergency plan documents to such chief officers and to
the Township Secretary, including a copy of a Preparedness, Prevention
and Contingency Plan ("PPC") as defined by PADEP.
(2)
The operator shall provide 24/7 emergency contact information,
including a supervisor's name and a toll-free phone number, to all
Township emergency service providers and to the Township Secretary,
as well as on signage at the well site.
H.
The operator shall:
(1)
Install both temporary safety and security fencing at least
six feet high around water impoundments, drilling, fracturing and
hydraulic equipment and install permanent fall protection fencing
meeting OSHA requirements around any permanent pit for impoundment
of liquid at a depth greater than two feet.
(2)
Install warning signs at the well site.
(3)
Provide at least one on-site security guard 24/7 when a drilling
rig or hydraulic fracturing equipment is on the well site.
I.
Each application for a special exception use under this section shall
have attached thereto a site plan. The proposed site development plan
shall be a topographic plan, prepared by a professional engineer registered
in the Commonwealth of Pennsylvania, to a scale no greater than one
inch equals 200 feet, on a standard sheet size of 24"H x 36"W, to
include the following:
(1)
Title block giving name of development, property owner, developer,
North point, key location map, registration stamp, date and scale,
with index.
(2)
Property lines, Zoning Ordinance district boundary lines and
total acreage of parcel proposed for development.
(3)
All existing streets, rights-of-way, easements related to the
development and any acreage leased in connection with the proposed
well.
(4)
Owners of adjacent properties, including the location of any
existing structures and driveway locations.
(5)
The location of relevant natural features on site, including
but not limited to streams or other natural watercourses and adjacent
areas which are subject to flooding and significant stands of existing
trees.
(6)
The location of relevant natural features abutting properties
within 300 feet, including but not limited to streams or other natural
watercourses and adjacent areas which are subject to flooding and
significant stands of existing trees.
(7)
The location of structures on abutting property within 300 feet of common property lines and the location of any protected structures as described in § 27-743D(1) and copies of any waivers from owners of such protected structures.
(8)
The location of all gas and oil well structures, facilities,
equipment or buildings, existing or proposed within 5,000 feet of
the well site.
(9)
The location of existing structures, buildings and accessory
uses on site.
(10)
The location of vehicle and equipment cleaning and tire cleaning
areas and a description of the proposed program for removing mud and
other well-site-generated debris from public streets.
(11)
The location of proposed access roads and proposed haul roads.
(12)
The location of stormwater and sediment controls or any water
impoundment facilities.
(13)
Plans for grading, revegetation, landscaping, buffer areas,
stormwater control and other restoration activities at the well site.
(14)
The method of and place of disposal of any radioactive tailings.
(15)
An environmental impact statement, which shall include the following:
(a)
A description of existing conditions in the area and the land
use history of the property.
(b)
A description of the proposed gas and oil well operations and
associated facilities.
(c)
A description of the method and location for disposal of any
radioactive tailings.
(d)
An assessment of the proposed gas and oil well operations on
abutting, surrounding uses.
(e)
An historical record of previous gas and oil well operations
at the site.
(f)
A description of existing conditions, including gas and oil
well facilities, structures, buildings or equipment.
(g)
A description of all project site restoration activities and
a timetable for same, including but not limited to a description of
any restoration plantings by location, number, species and size of
tree or other planting.
(16)
A copy of any permit issued by or submitted to the Pennsylvania
Department of Environmental Protection or other government regulatory
agency, including certification that a bond is held by the Pennsylvania
DEP to ensure proper plugging when the well is classified as inactive
by the Pennsylvania DEP and, upon request, copies of the application
for any permit referenced herein.
(17)
The location, depth and profile of any proposed pipelines for
water, gas, oil or other substance.
(18)
A lighting plan, demonstrating maximum feasible reduction of glare onto adjacent properties and compliance with § 27-508C(3) regulating glare.
(19)
A plan for water usage and disposal, identifying the source
and amount of water to be used at or withdrawn from the well site,
the proposed method of transport, treatment and/or disposal of water,
including truck routes or pipeline routes, and the destination of
any water to be tested or disposed of. A schedule for at least daily
inspection shall be required for surface water transport lines.
(20)
The history of any notices of violations issued, for the five
years preceding the application, by the DEP or any municipality.
(21)
Such other information pertinent to the proposed gas and oil
well as may be requested by the Township Engineer or Zoning Officer.
J.
During construction, the operator shall remove and dispose of all
unrooted trees, stumps, brush, rubbish, construction materials and
debris promptly in the interest of public safety.
K.
No employees, subcontractors or other persons shall be housed on
the well site.
L.
The operator shall operate and maintain a vapor recovery unit or
vapor destruction unit, or other available and feasible means to eliminate
vapors emitted from any condensate tanks at the well site.
M.
During the time any pond or impoundment contains nonpotable water
or other liquids, such pond shall be fully covered with bird netting.
N.
No on-site burial or other disposal of drilling residuals or hydraulic
fracturing chemicals or residuals is permitted. A plan identifying
the means for disposal of cuttings, fracturing fluids, oil, toxic
materials, hazardous materials and other waste products and providing
for Township access to any waste manifest shall be provided.
O.
An odor control plan shall be provided to eliminate odors if perceptible on nearby occupied properties during the drilling and fracturing process. Upon complaint by the occupants of a nearby property of odors generated at the well site, the operator will meet with the Township and the complainant to establish a feasible and effective way of controlling any such odors. The operator will reimburse the Township for the cost of consultants or other investigation needed to address odor complaints. For the purposes of this section, "nearby properties" shall be properties located within 500 feet of the well site. The odor restrictions of § 27-508C(4) shall be met.
P.
Air contaminant emissions, particulate and otherwise, shall be in compliance with all County Health Department, state and federal regulations, including but not limited to the control of the Clean Air Act, as amended, Allegheny County Health Department regulations, and the smoke limitations set forth at § 27-508C(2).
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A grocery/food store shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhoods.
B.
As part of all land development, the landowner and/or developer shall
provide a plan for photometries of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
C.
A food and grocery store shall have a maximum of two points of ingress/egress
to an arterial or collector street, as defined by this chapter.
D.
A food and grocery store shall not exceed 20,000 square feet in gross
floor area.
E.
Screening for service areas shall be subject to Township review where,
at a minimum, no service doors, outdoor activity or service parking
shall be visible to any surrounding residential use.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A heliport/helipad shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Such use shall be designed and shall operate in conformance with
all regulations of the Federal Aviation Administration.
B.
No fuel shall be stored on site.
C.
No major maintenance or repair work shall be done on site.
D.
Approach and departure paths shall be designed to not extend over
schools, stadiums, playgrounds, places of worship/assembly or other
similar places.
E.
A minimum one-thousand-foot setback shall be maintained between the
center of the helipad and other buildings on the same lot and from
any public street, any dwelling and/or school.
F.
The minimum distance between any two helipads shall be 5,000 feet.
G.
The minimum site area shall be 25 acres.
H.
Hours for takeoff and landing shall be scheduled to minimize negative
impacts on surrounding residential activity.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A home improvement center shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
Outdoor storage and/or merchandise display shall not occupy any parking
spaces on the lot.
B.
In order to ensure pedestrian safety, access and circulation for
both customers and deliveries/loading shall be posted on the lot.
C.
Loading areas/docks shall be screened with either landscaping or
fencing from neighboring uses.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A home occupation (other) shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
The employees of a home occupation (other) may include the residents
of said dwelling and a maximum of one nonresident.
B.
A home occupation shall not be permitted to be conducted in any accessory
structure.
C.
The use shall not create any additional environmental impact other
than those impacts, including but not limited to road infrastructure,
traffic, garbage, water and sewage, normally resulting from residential
use.
D.
The use shall not cause an increase in the use of water, sewerage,
garbage, public safety or any other municipal services beyond that
which is normal for an average residence in the neighborhood.
E.
The use shall not require internal or external alterations or construction
features which change the fire rating of the structure.
F.
There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
or household purposes.
G.
There shall be no storage of materials or equipment outside an enclosed
building.
H.
The conduct of any home occupation, including but not limited to
the storage of goods or equipment, shall not reduce or render unusable
areas required for enclosed parking for the dwelling unit.
I.
The use shall not create greater vehicular or pedestrian traffic
than that which is normal for the residences in the neighborhood.
J.
All needs for parking generated by the conduct of a home occupation
shall be provided for on the lot.
K.
The home occupation shall not involve the use of vehicles in excess
of one ton's capacity or 9,000 pounds' gross vehicle weight for delivery
of materials to or from the premises, and such vehicles shall not
be parked on the premises.
L.
There shall be no regular display of merchandise available for sale
on the premises; however, merchandise may be stored on the premises
for pickup and/or delivery.
M.
The home occupation shall not involve the use of advertising signs
on or off the premises or any other local advertising media which
shall call attention to the fact that the home is being used for business
purposes, other than a telephone listing or small classified ad briefly
describing the service and providing only a telephone number.
N.
The following uses shall not be considered to be home occupations
and shall be limited to the districts in which they are specifically
authorized as permitted uses, conditioned uses or uses by special
exception:
(1)
Veterinary services.
(2)
Automobile sales, rental, service and repair shops.
(3)
Beauty shops and barbershops containing more than one chair.
(4)
Hospitals, nursing homes, and group living facilities.
(5)
Kennels.
(6)
Funeral homes.
(7)
Private clubs.
(8)
Private instruction to more than three students at a time.
(9)
Restaurants.
(10)
Keeping/boarding of horses for commercial enterprise.
O.
Day care, as defined by this chapter, shall be considered a home
occupation, provided that:
(1)
All of the foregoing standards for a home occupation are met.
(2)
An adequate area for outdoor recreation shall be provided and
shall be secured by a fence with a self-latching gate.
(3)
A safe area shall be provided for dropping off and picking up
children which does not obstruct the free flow of traffic on any public
street.
P.
Any approved home occupation which requires any type of public access
to the dwelling must obtain all required approvals from the Pennsylvania
Department of Labor and Industry.
Q.
Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00
p.m. for customer/client traffic.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A hospital shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The institution shall be accredited by the commonwealth and shall
have direct access to a state or county highway.
B.
The institution shall be the sole occupant of the lot.
C.
Access drives shall be located to take maximum advantage of sight
distances for motorists and shall be as remote as possible from street
intersections.
D.
Parking areas shall be screened from view of neighboring houses or
those directly across the street from the lot.
E.
Buildings on the lot shall be set back at least 40 feet from side lot lines and shall be no higher than 45 feet and 2 1/2 stories. (See § 27-505.)
F.
Buildings shall be set back from one another and residential occupancy
shall be in conformance this chapter.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A motel/hotel shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Drop-off/temporary parking areas shall remain free and clear of obstructions
for general safety and Fire Department access.
B.
A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
C.
Service of meals and/or beverages (alcoholic/nonalcoholic) must be
secondary to the principal use of room or suite rental.
D.
Secondary eating establishments serving alcoholic beverages or secondary
bars or nightclubs must be licensed by the Pennsylvania Liquor Control
Board.
E.
The owner(s)/operator(s) of a hotel/motel shall be responsible for
the conduct and safety of the renters and guests and shall be available
to respond to inquiries and promptly quell any disturbances caused
by renters or guests.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
An incinerator shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The minimum lot area for an incinerator shall be 50 acres.
B.
An inventory of toxic, corrosive, flammable, carcinogenic and explosive
materials, chemicals, liquids, gases or solids shall be filed annually
with the local Fire Department and 911 Service.
C.
The perimeter of an incinerator, including outdoor storage areas,
delivery areas and/or loading areas, shall be screened from adjoining
properties. All screens shall have a minimum height of eight feet
and shall be constructed as earth berms, fifteen-foot-wide landscape
buffer yards, fences or walls with a minimum opacity of 80%.
D.
An incinerator shall have one point of ingress and egress, and it
shall be from an arterial road, as defined by this chapter.
E.
Incinerators shall operate between 5:00 a.m. and 10:00 p.m. No deliveries
or operations shall be permitted prior to 5:00 a.m. or after 10:00
p.m.
F.
Emissions shall meet the minimum requirements of this chapter as
well as all applicable state and federal regulations.
G.
Such uses shall be located at least 500 feet from any lot line adjoining
an existing residential lot and at least 200 feet from any other lot
line or public right-of-way, as defined by this chapter.
H.
No incinerator should be located within 1,000 feet of an existing
public or parochial school, hospital, nursing home, day-care center,
place of worship, place of assembly, public playground or public park.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
Salvage operations shall be completely surrounded with a fence or
wall eight feet or more in height, maintained in good condition.
B.
Fences or walls shall be set back from all lot lines at least as
far as they are high.
D.
Appropriate landscaping as described by other sections of this chapter
shall be provided between the enclosures and any public road.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A juvenile detention center shall be permitted as a use by special
exception, subject to the following express standards and criteria:
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A laboratory shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
All equipment and processing shall be contained within an enclosed
building.
B.
C.
The lot shall be no less than 20,000 square feet in area, and the
building or buildings shall be set back at least 100 feet from abutting
highways and residential zone boundaries.
D.
Any outdoor storage conducted on the lot shall comply with Township
standards.
E.
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
F.
An inventory of toxic, corrosive, flammable, carcinogenic or explosive
materials, chemical, liquids, gases or solids stored and/or used on
site shall be available upon request.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A sanitary landfill shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The minimum lot area for a sanitary landfill shall be 200 acres.
B.
An inventory of toxic, corrosive, flammable, carcinogenic and explosive
materials, chemicals, liquids, gases or solids shall be filed annually
with the local Fire Department and 911 Service.
C.
The perimeter of a sanitary landfill, including outdoor storage areas,
delivery areas and/or loading areas, shall be screened from adjoining
properties and public rights-of-way, as defined by this chapter. All
screens shall have minimum height of eight feet and shall be constructed
as earth berms, fifteen-foot-wide landscape buffer areas, fences or
walls with a minimum opacity of 80%.
D.
A sanitary landfill shall have one point of ingress and egress.
E.
A sanitary landfill shall operate between 5:00 a.m. and 10:00 p.m.
No deliveries or operations shall be permitted prior to 5:00 a.m.
or after 10:00 p.m. No staging of trucks shall occur prior to 5:00
a.m.
F.
Backfilling and cover operations shall be completed on a daily basis,
and all operations shall meet the minimum requirements of this chapter
as well as all applicable state and federal regulations.
G.
Such uses shall be located at least 200 feet from any lot line of
an adjoining residential lot and at least 100 feet from any other
lot line or public right-of-way, as defined by this chapter.
H.
No sanitary landfill shall be located within 500 feet of an existing
public or parochial school, day-care center, hospital, nursing home,
place of worship, place of assembly, public playground, public park
or residence.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A liquor/beer store shall be permitted as a use by special exception,
subject to the following express standards and criteria:
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Manufacturing shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
All materials and equipment shall be stored within a completely enclosed
building.
B.
The use shall comply with all performance standards specified in
this chapter.
C.
The storage or manufacture of hazardous or potentially hazardous
materials shall not be permitted.
D.
Any outdoor storage conducted on the lot shall comply with Township
standards.
E.
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
F.
An inventory of toxic, corrosive, flammable, carcinogenic or explosive
materials, chemical, liquids, gases or solids stored and/or used on
site shall be available upon request.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A medical clinic shall be permitted as a use by special exception,
subject to the following express standards and criteria:
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A mobile home park shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Gross Lot Requirements.
(1)
Gross lot: 10 acres or 435,600 square feet minimum.
(4)
Buffer area: Each mobile home park shall be surrounded by a
buffer area at least 50 feet wide along the inside of the lot lines.
(5)
Side and rear yards of gross lot: 50 feet minimum from any mobile
home berth to any lot line.
(6)
Minimum setback of all mobile homes and accessory structures:
75 feet from any right-of-way road adjacent to the mobile home lot.
B.
Net Lot Requirements.
C.
The landowner and/or developer shall comply with any additional standards,
as defined by the Township Zoning Hearing Board, that are needed to
protect the public health, safety and welfare or to address unique
characteristics of a particular lot.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A nightclub shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A nightclub serving alcohol shall be located in accordance with the
provisions of the Pennsylvania Liquor Control Board.
B.
A nightclub's hours of operation and activities must be appropriately
scheduled to protect all surrounding residential development from
detrimental noise, disturbance or interruption.
C.
The owner(s) and operator(s) of a nightclub shall be responsible
for the conduct and safety of the patrons.
D.
No more than one identification sign shall be permitted; said sign
shall be a ground or a wall sign. The graphic area of the sign shall
not exceed 40 square feet.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
An office (business, professional and/or public service) shall
be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
Deliveries shall occur during daylight hours only.
B.
Public-oriented space shall be screened from adjacent residential
uses; said space shall be located on the lot in an effort to minimize
physical conflict between said use and surrounding land uses.
C.
One tree per one parking space shall be planted on the lot.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
An office (medical) shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The use shall be limited to a low-intensity medical office, as defined
by this chapter.
B.
A medical clinic shall not be permitted as a principal or accessory
use.
C.
One tree per one parking space shall be planted on the lot.
D.
Deliveries shall occur during daylight hours only.
E.
Public-oriented space shall be screened from adjacent residential
uses; said space shall be located on the lot in an effort to minimize
physical conflict between said use and surrounding land uses.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Other towers (non-communications/non-water) shall be permitted
as a use by special exception, subject to the following express standards
and criteria:
A.
The height of the tower shall not exceed the height of a structure
permitted within the zoning district in which the lot is located.
B.
The design and materials associated with the tower's construction
shall be subject to Township review and approval to ensure safety
and the structure's long-term integrity.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A park-and-ride facility shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
A minimum of one tree per 10 parking spaces shall be planted on the
lot in conjunction with a park-and-ride facility.
B.
No overnight parking shall be permitted at the park-and-ride facility.
C.
Circulation for transit pickup shall be designed and clearly marked
to ensure pedestrian safety.
D.
Shelter for pedestrians shall be provided.
E.
A minimum of two access points from a collector or arterial street
shall be provided.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A parking garage/structure (public or private) shall be permitted
as a use by special exception, subject to the following express standards
and criteria:
A.
If the parking garage/structure is accessory to the principal use
of a lot, it shall be included in all building coverage calculations.
B.
Said garage/structure shall be subject to building setbacks as defined
by this chapter.
C.
A parking garage/structure shall be illuminated in conformance with the requirements of this chapter and any applicable provisions outlined in Chapter 22, Subdivision and Land Development.
E.
The perimeter of a parking garage/structure shall be landscaped in
conformance to Buffer Yard P, as defined in this chapter.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A parking lot shall be permitted as a use by special exception,
subject to the following express standards and criteria:
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A theater/auditorium shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
A theater/auditorium's primary visitor drop-off and pickup area shall
be located in a manner that minimizes detrimental traffic impacts
(both pedestrian and vehicular) on the surrounding neighborhood.
B.
For parking lots that provide space for more than 50 cars, a theater/auditorium
shall have two direct points of ingress/egress from the adjoining
public street(s). The points of ingress/egress shall be located in
a manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood.
C.
For parking demands greater than 300 automobiles, additional setbacks,
screening and buffering of off-street parking and loading areas shall
be incorporated, as defined by the Township, to be provided in order
to protect the surrounding neighborhood from inappropriate noise,
dust, light and other disturbances.
D.
Any additional standards that are needed to protect public health,
safety, and welfare or to address unique characteristics of a particular
lot defined by the Township Zoning Hearing Board shall be complied
with by the landowner and/or developer.
E.
Hours of operation shall be scheduled to ensure compatibility with
surrounding land uses. Hours of operation for outdoor facilities shall
be approved by the Township.
F.
Noise generated from any performance activity shall not exceed 100
decibels within 100 feet of the lot line of said use.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A place of worship and/or assembly shall be permitted as a use
by special exception, subject to the following express standards and
criteria:
A.
The lot shall have direct access to a Township road or a state or
county highway.
B.
Access drives shall be located to take maximum advantage of sight
distances for motorists; they shall be as remote as possible from
street intersections.
C.
Parking areas shall be screened from view of neighboring houses or
those directly across a street from the lot.
D.
Buildings shall be set back at least 30 feet from side yard lines
and shall be no higher than the maximum height permitted for the district
in which the building is located. (See Part 5.)
E.
If group housing is included on the lot, buildings for such use,
if more than one, shall be set apart from one another at least the
height of the taller building, but not less than 70 feet if the long
sides of the two buildings are parallel or 50 feet if a long side
of one is parallel to the short end of the second.
F.
Other buildings on the lot shall be set apart not less than the height
of the taller of the two buildings.
G.
Any other structures on the lot shall be set back from lot lines
as required for the zoning district where located.
H.
In determining the maximum number of persons that can be accommodated
in group housing, the density standards of Part 5 shall be used, with
four individuals being considered equivalent to a dwelling unit.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A planned nonresidential development shall be permitted as a
use by special exception, subject to the following express standards
and criteria:
A.
Dimensional Criteria.
|
Criteria
|
NC
|
CC
|
|---|---|---|
|
Minimum lot size, in acres
|
3
|
20
|
|
Minimum total enclosed floor area, in square feet
|
10,000
|
100,000
|
|
Minimum total enclosed floor area, in square feet, for required
food market use
|
3,500
|
15,000
|
|
Minimum setback of buildings from adjacent road rights-of-way
and lot lines, in feet
|
50
|
100
|
|
Minimum setback of parking areas from adjacent road rights-of-way
and lot lines, in feet
|
25
|
50
|
B.
Principal access into any planned nonresidential development shall
be from a state or county highway.
C.
Areas of a lot to be developed for a planned nonresidential development
and not occupied by buildings or paved areas shall be landscaped and
maintained.
D.
Entrances into the development shall be obvious to approaching motorists,
and the circulation within parking areas shall be easily understood.
The location of entrances shall maximize site distances for motorists
entering and leaving the development. Obstructions reducing sight
distance, if located on the lot, shall be removed. The Planning Commission
may require a plan for traffic control and channelization in the access
highway to be carried out by the developer.
F.
Within a planned nonresidential development, there shall be a continuity
of design exhibited in the building elevations facing public streets
or parking lots.
G.
Any out-parcel buildings, if incorporated into the proposal, shall
be subject to the normal setback and dimensional criteria of any other
commercial building in the same zoning district and not controlled
by the setback and dimensional criteria as set forth above.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A post office shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Delivery areas shall be completely screened from view of residential
properties by a roof or landscaping, or both.
B.
The maximum height of lighting shall be 25 feet. As a part of all
land development, the landowner and/or developer shall provide a plan
for photometrics of the lot. Illumination, when measured at a lot
line, shall be a maximum of 0.25 footcandle.
C.
The minimum lot size shall be greater than 40,000 square feet.
D.
At minimum, the serving street must be a collector road.
E.
Delivery vehicle parking and storage areas shall be screened by an
opaque fence or vegetative screen at a height and density approved
by the Township.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A power plant shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The minimum lot area for a power plant shall be 50 acres.
B.
An inventory of toxic, corrosive, flammable, carcinogenic and explosive
materials, chemicals, liquids, gases or solids shall be filed annually
with the local Fire Department and 911 Service.
C.
The perimeter of a power plant, including outdoor storage areas,
delivery areas and/or loading areas, shall be screened from adjoining
properties. All screens shall have minimum height of eight feet and
shall be constructed as earth berms, fifteen-foot-wide landscape buffer
yards, fences or walls with a minimum opacity of 80%.
D.
No deliveries or operations shall be permitted prior to 5:00 a.m.
or after 10:00 p.m. No staging of trucks shall occur prior to 5:00
a.m.
E.
Emissions shall meet the minimum requirements of this chapter as
well as all applicable state and federal regulations.
F.
The height of cooling towers, smokestacks, chimneys or other structures
shall not exceed 250 feet in height.
G.
Such uses shall be located at least 500 feet from any lot line of
an adjoining residential lot use and at least 200 feet from any other
lot line or public right-of-way, as defined by this chapter.
H.
No power plants shall be located within 1,000 feet of an existing
public or parochial school, day-care center, nursing home, hospital,
place of worship, place of assembly, public playground, public park
or residence.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A private club shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A private club serving alcohol shall not be established or operated
within 500 feet of an existing school, public playground, public park,
residence, child-care facility, place of worship or place of assembly.
B.
A private club shall not be established or operated within 300 feet
of an existing bar, nightclub or liquor store.
C.
All parking and service areas shall be located to the rear of the
lot and shall be properly screened. All screens shall have a minimum
height of eight feet and a minimum opacity of 80%.
D.
The club shall be a chartered, nonprofit fraternal, social or professional
organization.
E.
Swimming pools or court game areas, if part of the operation, shall
not occupy more than 15% of the lot, including accessory structures
and areas thereto, shall not be closer than 100 feet from the nearest
lot line, shall meet all current State Health Department requirements,
shall be surrounded by a permanent fence at least six feet in height
with secured access, and shall have all floodlighting shielded from
adjacent residential properties or streets.
F.
Access drives shall be located to take maximum advantage of sight
distances for motorists; they shall be as remote as possible from
street intersections.
G.
Parking areas shall be screened from view of neighboring houses or
those directly across the street from the lot.
H.
All buildings on the lot shall be set back at least 30 feet from side yard lines and shall be no higher than 45 feet. (See § 27-505.)
I.
The residence of a caretaker shall be the only dwelling permitted
on the lot.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A public park/open space, playground and municipal recreation
facility shall be permitted as a use by special exception, subject
to the following express standards and criteria:
A.
Setbacks of structures and paved play areas shall be in accordance
with regulations for buildings in the zoning district where located.
B.
Parking areas, court game areas and other areas of intense active
use shall be screened from view of adjacent residential properties.
C.
Sanitary facilities meeting the Allegheny County Health Department
current requirements shall be provided on the lot.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A public/private utility building shall be permitted as a use
by special exception, subject to the following express standards and
criteria:
A.
Structures and facilities shall be sited to create the least damage
to the environment.
B.
Normally overhead lines and related equipment may be required to
be placed underground in whole or in part of the length of the right-of-way.
C.
Metal or wood pole rather than lattice-work steel towers will be
required for overhead long-distance transmission lines, and no tower
shall be within 200 feet of a residence.
D.
The utility shall provide proof that existing rights-of-way cannot
be utilized, if a new right-of-way is proposed.
E.
Clearance of vegetation within a right-of-way shall not exceed 20
feet, except in the immediate vicinity of structures.
F.
Necessary aboveground buildings shall be located to minimize environmental
damage and shall be made as unobtrusive as possible from neighboring
properties or streets.
G.
In order to ensure the compatibility of proposed buildings with surrounding
development in the district, building character shall be complementary
to surrounding properties.
H.
Parking or outdoor storage areas shall be screened from view of adjacent
residential properties or those directly across a street.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A public, private and semiprivate recreation facility shall
be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
All pools, tennis courts, or other comparable facilities shall be
considered structures for the purpose of this chapter.
B.
Lot coverage, including structures, parking lots, and buildings,
shall not exceed 50% of the tract.
C.
The facility area and lot boundaries shall be landscaped as required
by the Zoning Hearing Board to minimize noise projection and make
the grounds aesthetically compatible to the surrounding properties.
D.
All structures shall not be less than 100 feet from any lot line
and no less than 200 feet from the nearest house.
E.
All facilities shall have a paved parking area in accordance with
this chapter, and it shall not be closer than 25 feet to any residential
lot line.
F.
All facilities shall abut a public road and have a permanent access
thereto.
G.
Alcoholic beverages without a State Liquor Control Board license,
amplified music, and jukeboxes shall be prohibited on the premises.
H.
No direct or sky-reflected glare, whether from floodlights or any
other kind of light, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
I.
The Zoning Hearing Board may limit hours of operation based on the
use and location of the facility in order to minimize negative impacts
on surrounding residential neighborhoods. "Operating hours," for the
purpose of this section, shall mean the period of time that the recreational
or athletic activity is occurring.
J.
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when an attendant is not
present, and shall be constructed in accordance with all applicable
state requirements.
K.
Tennis courts shall be protected by a permanent fence 10 feet in
height behind each base line, extending 10 feet beyond the playing
area in each direction.
L.
Fences for other types of facilities shall be as prescribed by the
Zoning Hearing Board.
M.
The developer shall demonstrate that the proposal will be compatible
with the neighborhood and not adversely affect adjoining lots.
N.
The amount of new traffic generated shall not have a detrimental
impact on the neighborhood.
O.
Any proposal for development on a two-lane highway shall include
road widening to provide turning lanes for traffic in both directions.
P.
Plans shall clearly show ingress-egress facilities and provide proper
sight visibility for motorists.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A public, private and semiprivate recreation facility shall
be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
All pools, tennis courts, or other comparable facilities shall be
considered structures for the purpose of this chapter.
B.
Lot coverage, including structures, parking lots, and buildings,
shall not exceed 50% of the tract.
C.
The facility area and lot boundaries shall be landscaped as required
by the Zoning Hearing Board to minimize noise projection and make
the grounds aesthetically compatible to the surrounding properties.
D.
All structures shall not be less than 100 feet from any lot line
and no less than 200 feet from the nearest house.
E.
All facilities shall have a paved parking area in accordance with
this chapter, and it shall not be closer than 25 feet to any residential
lot line.
F.
All facilities shall abut a public road and have a permanent access
thereto.
G.
Alcoholic beverages without a State Liquor Control Board license,
amplified music, and jukeboxes shall be prohibited on the premises.
H.
No direct or sky-reflected glare, whether from floodlights or any
other kind of light, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
I.
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods. The Zoning Hearing Board
may limit hours within this time frame based on the use and location
of the facility. "Operating hours," for the purpose of this section,
shall mean the period of time that the recreational or athletic activity
is occurring.
J.
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when an attendant is not
present, and shall be constructed in accordance with all applicable
state requirements.
K.
Tennis courts shall be protected by a permanent fence 10 feet in
height behind each base line, extending 10 feet beyond the playing
area in each direction.
L.
Fences for other types of facilities shall be as prescribed by the
Zoning Hearing Board.
M.
The developer shall demonstrate that the proposal will be compatible
with the neighborhood and will not adversely affect adjoining lots.
N.
The amount of new traffic generated shall not have a detrimental
impact on the neighborhood.
O.
Any proposal for development on a two-lane highway shall include
road widening to provide turning lanes for traffic in both directions.
P.
Plans shall clearly show ingress-egress facilities and provide proper
sight visibility for motorists.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A public, private and semiprivate recreation facility shall
be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
All pools, tennis courts, or other comparable facilities shall be
considered structures for the purpose of this chapter.
B.
Lot coverage, including structures, parking lots, and buildings,
shall not exceed 50% of the tract.
C.
The facility area and lot boundaries shall be landscaped as required
by the Zoning Hearing Board to minimize noise projection and make
the grounds aesthetically compatible to the surrounding properties.
D.
All structures shall not be less than 100 feet from any lot line
and no less than 200 feet from the nearest house.
E.
All facilities shall have a paved parking area in accordance with
this chapter, and it shall not be closer than 25 feet to any residential
lot line.
F.
All facilities shall abut a public road and have a permanent access
thereto.
G.
Alcoholic beverages without a State Liquor Control Board license,
amplified music, and jukeboxes shall be prohibited on the premises.
H.
No direct or sky-reflected glare, whether from floodlights or any
other kind of light, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
I.
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods. The Zoning Hearing Board
may limit hours within this time frame based on the use and location
of the facility. "Operating hours," for the purpose of this section,
shall mean the period of time that the recreational or athletic activity
is occurring.
J.
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when an attendant is not
present, and shall be constructed in accordance with all applicable
state requirements.
K.
Tennis courts shall be protected by a permanent fence 10 feet in
height behind each base line, extending 10 feet beyond the playing
area in each direction.
L.
Fences for other types of facilities shall be as prescribed by the
Zoning Hearing Board.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A rectory shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A minimum of 750 square feet of living space shall be provided for
each occupant.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A rehabilitation facility shall be permitted as a use by special
exception, subject to the following express standards and criteria:
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A rendering facility shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
All equipment and processing shall be contained within an enclosed
building.
B.
The use shall comply with all performance standards specified in
this chapter.
C.
No explosive materials or processes shall be used and no noise, smoke or fumes shall be noticeable beyond the limits of the lot. With regard to glare, see § 27-508, required provisions pertaining to lighting and glare for all districts.
D.
The lot shall be no less than 80,000 square feet in area, and the
building or buildings shall be set back at least 100 feet from abutting
highways and residential zone boundaries.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A research-and-development facility shall be permitted as a
use by special exception, subject to the following express standards
and criteria:
A.
All equipment and processing shall be contained within an enclosed
building.
B.
No explosive materials or processes shall be used and no noise, smoke or fumes shall be noticeable beyond the limits of the lot. With regard to glare, see § 27-508, required provisions pertaining to lighting and glare for all districts.
C.
The lot shall be no less than 80,000 square feet in area, and the
building or buildings shall be set back at least 100 feet from abutting
highways and residential zone boundaries.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Restaurants with high turnover shall be permitted as a use by
special exception, subject to the following express standards and
criteria:
A.
The number of off-street parking and loading spaces shall be provided
as defined by this chapter. Off-street parking for the restaurant
shall be clearly designated and shall be located within 300 feet of
the entrance to the restaurant.
B.
Access and circulation of vehicles associated with drive-through
facilities shall be designed to not conflict with the access, circulation,
parking, loading and delivery patterns created by sit-down/walk-up
customers and service facilities.
C.
One landscaped island for every seven parking spaces shall be provided
within all parking areas. All landscaped islands shall contain one
tree a minimum of two inches dbh.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Restaurants with low turnover shall be permitted as a use by
special exception, subject to the following express standards and
criteria:
A.
The number of off-street parking and loading spaces shall be provided
as defined by this chapter. Off-street parking for the restaurant
shall be clearly designated and shall be located within 300 feet of
the entrance to the restaurant.
B.
One landscaped island for every seven parking spaces shall be provided
within all parking areas. All landscaped islands shall contain one
tree a minimum of two inches dbh.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A retail store shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods.
B.
All lot lines adjoining a residential use or zoning classification
shall be screened by Buffer Yard A, as defined by this chapter.
C.
Building setbacks shall be consistent with the existing building
setbacks of adjoining lots.
D.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination on
a lot, when adjacent to a residential district, shall be a maximum
of one footcandle. Lighting levels shall also be reduced by 1/2 their
standard operating power between 11:00 p.m. and 6:00 a.m.
E.
The location and arrangement of parking on a lot shall be designed
and constructed so that general safety and circulation is optimized
and so that the impact of vehicles and lighting on rights-of-way or
residential activity in proximity to the lot is minimized. The Township
reserves the right to increase buffer yard requirements, to require
parking to be located behind the minimum front principal building
setback or to designate other measures on the lot in order to maximize
safety and/or minimize impacts to surrounding uses.
F.
The ground surface of off-street parking shall be paved with bituminous
brick, concrete or stone block paving material to protect the surrounding
neighborhood from inappropriate dust or other disturbances.
G.
One landscaped island for every seven parking spaces shall be provided
within all parking areas. All landscaped islands shall contain one
tree a minimum of two inches dbh.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
An academic school shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The school shall be the sole occupant of the lot and, other than
an elementary school, shall have access directly to a state or county
highway. Within the PCO, schools may have access to a collector road.
B.
Access drives shall be located to take maximum advantage of sight
distances for motorists; they shall be as remote as possible from
street intersections.
C.
Parking areas shall be screened from view of neighboring houses or
those directly across the street from the lot.
D.
Buildings on the lot shall be set back at least 30 feet from side yard lines and shall be no higher than 45 feet and 2 1/2 stories. (See § 27-505.)
E.
If group housing is included on the lot, the setback and density
requirements of the base zoning district shall apply.
F.
Recreational areas shall be located no closer than 30 feet to an
abutting street or 10 feet to other lot lines.
G.
The school's course of instruction or other activities on the lot
shall not create noise, dirt, glare, dust or other nuisances on adjacent
properties.
H.
Buffer Yard P shall apply to all front, side and rear yards.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A commercial school shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
Such use shall not exceed the impact on the environment and adjacent
streets of any use specifically listed as permitted in the zoning
district in which the commercial school is located. In making such
determination, the Township Zoning Hearing Board shall consider the
following characteristics of the proposed use:
[Amended at time of adoption of Code (see Ch. AO)]
(1)
The number of employees.
(2)
The number of students.
(3)
The floor area of the building or gross area of the lot devoted
to the proposed use.
(4)
The type of products, materials, equipment and/or the process
involved in the proposed use.
(5)
The traffic and environmental impacts.
(6)
The ability of the proposed use to comply with the performance
standards of this chapter.
B.
The commercial school shall comply with all applicable area and bulk
regulations of the zoning district in which it is located.
C.
Commercial schools shall have a minimum of one point of ingress/egress
to a collector or arterial road, as defined by this chapter. The road
shall have sufficient capacity to handle traffic generated by the
facility.
D.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
E.
At no time shall any supply materials or equipment be permitted to
be stored outdoors.
F.
The owner(s) and operator(s) of a commercial school shall be responsible
for the conduct and safety of its students, staff, visitors or guests
and shall be available to respond to inquiries and promptly quell
any disturbances caused by its students, staff, visitors and guests.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A senior center shall be permitted as a use by special exception,
subject to the following express standards and criteria:
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A sexually oriented business shall be permitted as a use by
special exception, subject to the following express standards and
criteria:
A.
Classifications. Sexually oriented businesses are classified as follows:
C.
Location of Sexually Oriented Businesses.
(1)
A person is guilty of a violation of this chapter if he operates
or causes to be operated a sexually oriented business outside of the
district in which a sexually oriented business is a permitted use.
No sexually oriented businesses shall be located outside a district
in which a sexually oriented business is a permitted use.
(2)
A person is guilty of a violation of this chapter if he operates
or causes to be operated a sexually oriented business within 1,000
feet of:
(3)
A person is guilty of a violation of this chapter if he causes
or permits the operation, establishment, substantial enlargement or
transfer of ownership or control of a sexually oriented business within
5,000 feet of another sexually oriented business.
(4)
A person is guilty of a violation of this chapter if he causes
or permits the operation, establishment or maintenance of more than
one sexually oriented business in the same building, structure or
portion thereof or the increase of floor area of any sexually oriented
business in any building, structure or portion thereof containing
another sexually oriented business.
(5)
For the purpose of this Part, measurement shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part
of the premises where a sexually oriented business is conducted to
the nearest lot line of the premises of a church, public or private
pre-elementary, elementary or secondary school, public library, child-care
facility or nursery school or to the nearest boundary of an affected
public park.
(6)
The distance between any two sexually oriented businesses shall
be measured in a straight line, without regard to intervening structures
or objects, from the closest exterior wall of the structure in which
each business is located.
(7)
Any sexually oriented business lawfully operating on the date
of enactment of this section that is in violation of this section
shall be deemed a nonconforming use. Such nonconforming use shall
not be increased, enlarged, extended or altered, except that the use
may be changed to a conforming use. In the event that two or more
sexually oriented businesses are within 5,000 feet of one another
and are otherwise in a permissible location, the sexually oriented
business which was first established and continually operating at
a particular location is the conforming use, and the later-established
business is nonconforming.
(8)
A sexually oriented business lawfully operating as a conforming
use is not rendered a nonconforming used by the location, subsequent
to the grant or renewal of the sexually oriented business permit,
of a church, public or private pre-elementary, elementary or secondary
school, public library, child-care facility, nursery school or public
park within 1,000 feet of the sexually oriented business. This provision
applies only to the renewal of a valid permit and does not apply when
an application for a permit is submitted after a permit has expired
or has been revoked.
(9)
No sexually oriented business shall be located within 200 feet
of a front setback line of a dwelling located in a residentially zoned
district. Measurement shall be made in a straight line, without regard
to intervening structures or objects, from the nearest portion of
the building or structure used as a part of the premises where a sexually
oriented business is conducted to said front setback line.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009;
and by Ord. 456, 3/7/2012, § IIC]
A.
The building and method of operation shall conform to any applicable
Commonwealth of Pennsylvania, Environmental Protection Agency, and
OSHA standards for indoor ventilation, emission into the atmosphere,
and lead management.
B.
The design and construction of the shooting range shall completely
confine all ammunition rounds within the building and in a controlled
manner.
C.
The design and construction of the shooting range shall be certified
by a registered architect or engineer in the State of Pennsylvania.
(1)
The certified plans shall include the specification and construction
of the bullet trap(s), ceilings, exterior and interior walls and floors.
(2)
The certified plans shall state what type and caliber of ammunition
the shooting range is designed to totally confine.
(3)
A security plan for the building shall be submitted which secures
the shooting range against unauthorized entrants.
D.
No ammunition shall be used in the shooting range that exceeds the
certified design and construction specifications of the shooting range.
E.
For shooting ranges that are other than used for private recreational
purpose, firearms shall not be stored on the premises when the shooting
range is closed for business, unless they are stored in an acceptable
gun safe or other secure locking device.
F.
On-site supervision shall be supplied at all times by an adult who
is an experienced shooting range operator. The shooting range operator
shall be responsible for the conduct of his or her place of business
and the conditions of safety and order in the place of business and
on the premises.
G.
Each shooting range shall have a clear and concise safety plan. The
plan must be reviewed annually and distributed to all shooting range
users to study and use.
H.
Minors shall not be allowed in the shooting range unless accompanied
by an adult at all times. This provision shall not be interpreted
to prohibit minors from participating in a firearm safety class which
is supervised by an adult instructor.
I.
In multitenant buildings, the shooting range shall be soundproofed
to prevent the sound from being heard by persons in adjoining units.
J.
The applicant shall have the burden to demonstrate that the shooting
range is designed to promote the safety of all persons on the premises
or on abutting property when the shooting range is being used. The
applicant may meet its burden by showing compliance with applicable
National Rifle Association or other generally recognized guidelines
for shooting range design and safety or by submitting evidence from
persons with experience and expertise in shooting range design and
safety.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A social service agency shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
Facilities and equipment to support overnight boarding shall be permitted.
A list of all boarders shall remain current on file at all times.
B.
Overnight boarding shall be provided as an incidental use to the
normal daily operations of said social service agency, occupying no
more than 15% of the structure.
C.
An inventory of all medications currently stored on site shall be
available at all times.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A storage facility shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The storage of hazardous materials, such as toxic or explosive substances,
is prohibited.
B.
Wholesale or retail sales, garage sales, flea markets, or outside
storage is prohibited.
C.
The maximum size of the individual storage units shall be 500 square
feet.
D.
All areas designed for circulation shall be paved in accordance with
Township paving standards.
E.
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
F.
The lot shall have direct ingress/egress to a public collector or
arterial road, as defined by this chapter, and points of ingress/egress
shall not be through a road on which the current use of the majority
of lots fronting on the road is single-family dwellings.
G.
Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage and which meets the requirements of Subsection B above.
H.
All one-way driveways shall have a minimum of one ten-foot parking
lane plus one fifteen-foot travel lane.
I.
All two-way driveways shall provide a minimum of one ten-foot parking
lane plus two twelve-foot travel lanes. Parking lanes may be eliminated
where the driveway does not serve storage units.
J.
All interior driveways shall be paved with an impervious surface
sufficient for the loads the driveways are expected to bear.
K.
A minimum eight-foot fence with a self-latching gate shall be placed
on the interior side of each buffer yard. The fence shall be supplemented
with screening material which creates a visual barrier that is at
least 80% opaque.
L.
The minimum distance from the face of any storage building to the
face of any adjacent storage building shall be 28 feet for storage
units which are less than 15 feet in depth and 42 feet for storage
units which are more than 15 feet in depth.
M.
The minimum distance from the end of any storage building to the
end of any adjacent storage building shall be 20 feet.
N.
The maximum length of any storage building shall be 200 feet.
O.
Maximum lot coverage by all buildings shall be 40%.
P.
Office space may be provided, which shall not exceed 5% of the total
floor area devoted to storage.
Q.
Any outdoor storage conducted on the lot shall comply with the regulations
for outdoor storage as defined by this chapter and any other applicable
ordinance as enacted by Richland Township.
R.
Storage units shall not be equipped with water or sanitary sewer
service.
S.
No business activity other than rental of storage units shall be
conducted on the premises.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A tavern shall be permitted as a use by special exception, subject
to the following express standards and criteria:
A.
A tavern shall be located in accordance with the provisions of the
Pennsylvania Liquor Control Board.
B.
A tavern's hours of operation and activities must be appropriately
scheduled to protect surrounding residential neighborhoods from detrimental
noise, disturbance or interruption.
C.
The owner(s) and operator(s) of a tavern shall be responsible for
the conduct and safety of the patrons.
D.
No more than one identification sign shall be permitted; said sign
shall be a ground or a wall sign. The graphic area of the sign shall
not exceed 40 square feet.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A tree farm/wholesale landscape nursery shall be permitted as
a use by special exception, subject to the following express standards
and criteria:
A.
A business established for the purposes of wholesale landscaping
shall have one point of ingress and egress to a public road right-of-way.
The point of ingress and egress shall be located in a manner that
minimizes detrimental traffic impacts to both pedestrians and vehicular
traffic.
B.
Equipment storage shall be permitted, to include man-operated or
mechanical equipment or other machinery that is in operable condition.
The storage of inoperable vehicles is prohibited for this use.
C.
The storage of combustible materials shall be limited to 25 feet
in height, with available fire-defense measures as approved by the
Township Fire Marshal. The storage of noncombustible materials shall
be limited to 30 feet in height in order to minimize:
D.
Site grading shall be completed to ensure that surface runoff is
directed away from any and all material storage areas.
E.
The owner(s) and operator(s) of a wholesale landscaping service shall
incorporate best management practices as outlined in the Pennsylvania
Handbook of Best Management Practices for Developing Areas to minimize
negative impacts of erosion, siltation and surface water and groundwater
contamination.
F.
The minimum distance between buildings shall be 30 feet.
G.
The maximum length of any building shall be no more than 200 feet.
H.
Screen Walls.
(1)
An eight-foot-high screen wall shall be constructed around the
perimeter of a storage area if equipment and/or materials are not
contained within an enclosed building/area. The screen wall shall
be measured from the average grade of the adjacent ground, unless
otherwise defined by the Township Planning Commission.
(2)
The screen wall shall be 80% opaque and composed of one of the
following:
(a)
Finished masonry or wood.
(b)
Black or green vinyl-coated chain-link fencing with eight-foot-high
evergreen plantings located on the exterior side of the fence, whereas
no fence components may be visible from an adjacent lot or right-of-way.
(c)
The landowner and/or developer shall provide evergreen plantings
with a minimum height of eight feet in quantity and spacing as approved
by the Township Planning Commission.
I.
Excessive noise, dust, odor, vibration or light shall not be generated
to disturb the surrounding neighborhood.
J.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids shall
be permitted, with the exception of gasoline, diesel fuel and oil
for the operation and maintenance of motorized vehicles and equipment.
K.
The ground surface of off-street parking shall be paved with bituminous
brick, concrete or stone block paving material to protect the surrounding
neighborhood from inappropriate dust and other disturbances. Loading
and equipment storage areas shall, at a minimum, be paved with crushed
limestone aggregate.
L.
The hours of operation for material pickups, delivery, outdoor processing
and outdoor manufacturing operations may be limited by the Township
in order to minimize negative impacts on surrounding residential neighborhoods.
M.
No more than one sign shall be permitted; said sign shall be a ground
or a wall sign.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A turnpike convenience facility shall be permitted as a use
by special exception, subject to the following express standards and
criteria:
A.
Lighting associated with outdoor areas of a turnpike convenience
facility shall be designed to ensure the public safety of facility
users while minimizing negative impacts of glare on surrounding development.
B.
Sight distance for exiting and entering the turnpike shall be designed
to ensure driver safety and in accordance with the requirements of
the Pennsylvania Turnpike Commission.
C.
One tree per two truck parking spaces shall be planted on a lot associated
with a turnpike convenience facility in addition to the landscaping
requirements defined by this chapter.
D.
All facilities shall have a paved parking area in accordance with
this chapter.
E.
Landscaped Buffer Yard P shall be provided along all lot lines. The
buffer yard shall be landscaped with a combination of deciduous and
evergreen trees, shrubs, ornamental grasses and ground covers.
F.
Circulation and access for car and truck traffic shall be designed
and distinguished through signage on the lot in order to maximize
both pedestrian and vehicular safety.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A vehicle rental facility shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
The business shall include a permanent building on the lot for office,
display and repair use of not less than 500 square feet floor area.
B.
Areas of the lot displaying vehicles for rent and for customer parking
shall be paved with an all-weather surface, and such areas shall be
set back at least 15 feet from adjacent street curbs or edges of road
pavements.
C.
Displayed or parked vehicles and signposts or other posts shall not
be located closer than 10 feet to the curb or paved edge of an adjacent
street or such further distance as may be necessary to create maximum
sight distance lines for motorists entering and leaving the lot.
D.
All repair work shall be done entirely within an enclosed building,
vehicular access to which shall be oriented away from the street across
the front of the lot and screened by a hedge or fence if facing adjacent
residential lots.
E.
Lighting of the lot using strings of bare bulbs shall not be permitted.
All lighting shall be in accordance with the provisions of this chapter.
F.
Areas of the lot not occupied by buildings or paved shall be landscaped
and maintained.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A vehicle repair and service station shall be permitted as a
use by special exception, subject to the following express standards
and criteria:
A.
Vehicles left outdoors after business hours shall be limited to those
awaiting service or pickup within 48 hours.
B.
No vehicle that fits the definition of "junked vehicle" or "abandoned
vehicle," as defined in this chapter, shall be parked outside the
building.
C.
All repairs shall be conducted indoors.
D.
Any business engaged in towing service shall dispose of any vehicles
that fit the definition of "junked vehicle" or "abandoned vehicle,"
as defined in this chapter, within 24 hours, unless they are stored
inside a building.
E.
The maximum lot area for an automobile services establishment shall
be 20,000 square feet.
F.
An automobile service station shall have direct ingress/egress to
an arterial road, as defined by this chapter, or shall have a point
of ingress/egress from a public or private street within the lot of
a shopping center.
G.
All authorized repair and service work, car washing and lubrication
shall be conducted within a completely enclosed building.
H.
All automobile parts and accessories, dismantled vehicles and similar
materials shall be stored within a completely enclosed building.
I.
All fuel, oil and other flammable substances shall be stored at least
25 feet from any lot line.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A vehicle sales and service facility shall be permitted as a
use by special exception, subject to the following express standards
and criteria:
A.
The business shall include a permanent building on the lot for office,
display and repair use of not less than 1,000 square feet floor area.
B.
Areas of the lot displaying vehicles for sale and for customer parking
shall be paved with an all-weather surface, and such areas shall be
set back at least 15 feet from adjacent street curbs or edges of road
pavements.
C.
Displayed or parked vehicles and signposts or other posts shall not
be located closer than 10 feet to the curb or paved edge of an adjacent
street or such further distance as may be necessary to create maximum
sight distance lines for motorists entering and leaving the lot.
D.
All repair work shall be done entirely within an enclosed building,
vehicular access to which shall be oriented away from the street across
the front of the lot and screened by a hedge or fence if facing adjacent
residential lots.
E.
Lighting of the lot using strings of bare bulbs shall not be permitted. See § 27-508, required provisions pertaining to lighting and glare for all districts.
F.
Areas of a lot not occupied by buildings or paved shall be landscaped
and maintained.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Vehicle sales, repair and maintenance with gasoline/energy recharge
shall be permitted as a use by special exception, subject to the following
express standards and criteria:
A.
No structures of any kind, whether aboveground or below ground, shall
be constructed or placed within required front, side or rear yard
areas, except that below-grade structures and pump islands may be
placed not closer than 30 feet to the road right-of-way line abutting
the lot.
B.
All bulk storage of flammable liquids shall occur in well-vented
tanks below grade.
C.
Gasoline pumps and/or energy recharge units shall be located to minimize
conflicts with delivery/loading traffic and general vehicular circulation
on the site.
D.
One additional tree per gas pump shall be planted on the lot.
E.
Building walls shall be of masonry construction where they are within
50 feet of any lot line.
F.
All hoists, pits and all lubricating, greasing, automobile washing
and repair equipment shall be entirely within an enclosed building.
G.
Access shall be limited to two driveways and one additional driveway
on a second street where the lot abuts a second street, such driveways
each not more than 35 feet wide at the lot line. No driveway shall
be located within 75 feet of any street intersection, measured from
the point of crossing of intersecting street right-of-way lines abutting
the lot and the edge of the driveway nearest the intersection. No
entrance to a service station shall be closer than 200 feet to the
entrance of a second service station on the same side of the street.
H.
The entire service area shall be paved with a permanent surface and
edged with a curb where it abuts grassed areas. Paved surfaces shall
be sloped to an acceptable storm drainage system. Areas of the lot
not paved shall be landscaped and maintained.
I.
No derelict, damaged or unlicensed vehicles shall be stored on the
premises for more than one month. Vehicles awaiting auto body repair
or painting shall be kept behind a fence at least four feet high surrounding
the vehicles and obscuring a view of them from adjacent properties
and roads.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Vehicle sales, repair and maintenance without gasoline/energy
recharge shall be permitted as a use by special exception, subject
to the following express standards and criteria:
A.
No structures of any kind, whether aboveground or below ground, shall
be constructed or placed within required front, side or rear yard
areas, except that below-grade structures and pump islands may be
placed not closer than 30 feet to the road right-of-way line abutting
the lot.
B.
All bulk storage of flammable liquids shall occur in well-vented
tanks below grade.
C.
Building walls shall be of masonry construction where they are within
50 feet of any lot line.
D.
All hoists, pits and all lubricating, greasing, automobile washing
and repair equipment shall be entirely within an enclosed building.
E.
Access shall be limited to two driveways and one additional driveway
on a second street where the lot abuts a second street, such driveways
each not more than 35 feet wide at the lot line. No driveway shall
be located within 75 feet of any street intersection, measured from
the point of crossing of intersecting street right-of-way lines abutting
the lot and the edge of the driveway nearest the intersection. No
entrance to a service station shall be closer than 200 feet to the
entrance of a second service station on the same side of the street.
F.
The entire service area shall be paved with a permanent surface and
edged with a curb where it abuts grassed areas. Paved surfaces shall
be sloped to an acceptable storm drainage system. Areas of the lot
not paved shall be landscaped and maintained.
G.
No derelict, damaged or unlicensed vehicles shall be stored on the
premises for more than one month. Vehicles awaiting auto body repair
or painting shall be kept behind a fence at least four feet high surrounding
the vehicles and obscuring a view of them from adjacent properties
and roads.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A veterinary clinic/hospital shall be permitted as a use by
special exception, subject to the following express standards and
criteria:
A.
Animal holding areas shall be within an enclosed building.
B.
No disposal of dead animals shall occur on the lot.
C.
Access shall be directly to a state or county highway.
D.
Parking shall be provided in accordance with Part 9 in a lot screened
from view of adjacent residential properties and those directly across
the street.
E.
One sign only, at the entrance to the lot, shall be permitted, not
more than 10 square feet in area on each face and lighted from within.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A vineyard/orchard shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
A list of all chemicals utilized in the propagation and care of vineyard
products shall be filed annually with the Township Zoning Officer.
B.
All materials and equipment for vineyard operation shall be stored
within a completely enclosed building.
C.
The owner(s) and operator(s) of a vineyard/orchard shall incorporate
best management practices as outlined in the Pennsylvania Handbook
of Best Management Practices for Developing Areas to minimize negative
impacts of erosion, siltation and surface water and groundwater contamination.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A water tower shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
No water tower shall exceed 250 feet in height.
B.
A water tower shall be set back from adjacent lot lines and/or rights-of-way
a minimum distance equal to 115% of the water storage/tower's height
but shall not be less than 25 feet in width.
C.
The height of a water tower shall be measured from the top of the
foundation to the uppermost point of the tower.
D.
Lighting shall be required for the water tower as a safety measure
for low-flying aircraft in accordance with all Federal Aviation Administration
(FAA) regulations and approvals.
E.
Access driveways to a water tower shall be paved with a minimum of
six inches of slag or stone.
F.
All water towers, which are principal uses or structures, shall comply
with the area and bulk regulations for principal structures in the
zoning district in which they are proposed.
G.
All aboveground water storage facilities that exceed the height limitations
of the district shall increase the required yard clearances by one
foot for every two feet of height in excess of the height limitations
of the district.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A wholesale business shall be permitted as a use by special
exception, subject to the following express standards and criteria:
A.
The building shall be substantially similar in design and appearance
to a retail sales operation.
B.
The business shall not generate an unusually large volume of truck
traffic.
C.
The goods available for sale shall be the same as those that could
be offered at retail by a principal permitted use in the same zoning
district.
D.
No assembly of products or manufacturing shall occur on the premises.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A winery shall be permitted as a use by special exception, subject
to the following express standards and criteria:
A.
Sales transactions shall be within enclosed buildings. A minimum
of 10 spaces shall be provided for customer parking.
B.
All products for sale shall be stored within enclosed buildings.
C.
Areas associated with loading shall be screened with landscaping
or fencing from neighboring development.
D.
To promote adequate vehicular safety and circulation, an entrance
drive surfaced with bituminous brick, concrete or stabilized aggregate
shall be constructed between the nearest public road right-of-way
and the retail area. The entrance drive shall be a minimum of 16 feet
wide. Loading and equipment storage areas shall, at a minimum, be
paved with crushed limestone aggregate.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A woodshop/millwork shall be permitted as a use by special exception,
subject to the following express standards and criteria:
A.
The minimum lot area of a woodshop/millwork shall be 15,000 square
feet.
B.
All construction, manufacturing or milling activities shall be conducted
within a completely enclosed building.
C.
All lumber wood or other materials shall be stored within a completely
enclosed building.
D.
Parking facilities shall be provided for each full-time employee
at peak shift, and three additional spaces for customers.
E.
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Where a use is not listed as a permitted, conditional or special
exception use, a landowner and/or developer may request special exception
use approval in the CM and M Districts only, in which case the Zoning
Hearing Board shall, upon consideration of a recommendation from the
Planning Commission, determine if the characteristics of the proposed
use are similar in nature to any use listed in Table 1, District Designations.[1] In order to receive approval, the Zoning Hearing Board
must determine that the impact of the proposed use on the environment
and adjacent streets and properties is equal to or less than any use
specifically listed in the applicable zoning district. In making such
determination, the Board shall consider at least the following characteristics
of the proposed use:
A.
The floor area of the building or gross area of the lot devoted to
the proposed use.
B.
The number of employees, visitors, customers, etc., resulting from
the proposed use.
C.
The type of products, materials and equipment and/or processes involved
in the proposed use.
D.
Traffic and environmental impacts and the ability of the proposed
use to comply with the criteria set forth within the Township Code.
E.
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located. An application for approval as such a use shall be accompanied by a site plan in accordance with Chapter 22, Subdivision and Land Development, and/or Part 18 of this chapter, as may be applicable.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
