R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
AGRICULTURAL USES
| ||||||||||||
(1)
|
Animal husbandry The raising and keeping
of live- stock and poultry with the intent of selling any livestock
or poultry products.
|
P
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |||
(a)
|
Minimum lot size shall not be less
than five acres.
| |||||||||||
(b)
|
No raising of garbage-fed pigs or the
raising of minks will be allowed.
| |||||||||||
(c)
|
No barns, animal shelters, or feed
yards shall be located closer than 200 feet from any lot line.
| |||||||||||
(2)
|
Kennel or stable Any lot on which four
or more animals are kept, boarded, or trained, whether or not in special
buildings or runways, including but not limited to dog and cat kennels,
horse stables or riding academies, provided that:
|
P
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |||
(a)
|
Minimum lot size shall not be less
than five acres.
| |||||||||||
(b)
|
No animal shelter or runs shall be
located closer than 200 feet from any lot line.
| |||||||||||
(c)
|
The minimum lot size for keeping of
a horse or pony as a domestic pet shall be two acres.
| |||||||||||
(3)
|
Crop farming The raising and keeping
of field, truck and tree crops.
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
(4)
|
Greenhouse Provided any goods sold
in connection with such greenhouses are subject to the provisions
of Use 60.
|
N
|
N
|
N
|
N
|
P
|
S
|
N
|
N
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
RESIDENTIAL USES
| ||||||||||||
(5)
|
Detached dwelling unit
|
P
|
P
|
P
|
P
|
S
|
P
|
N
|
N
| |||
(a)
|
Provided such dwelling is the only
dwelling unit to occupy the parcel upon which it is to be located;
and upon lots of less than one acre public sewage must be provided.
| |||||||||||
(b)
|
In developments in any of the residential districts which exceed 10 acres in size, the performance standards of § 185-22, Table of Performance Standards as well as the Table of Dimen- sional Requirements shall apply, and an amount of open land shall be set aside as permanent open space in accordance with § 185-17.
| |||||||||||
(6)
|
(Reserved)
| |||||||||||
(7)
|
Cluster developments Planned development
of detached dwelling units on lots with modified dimensional requirements,
provided:
|
S
|
S
|
S
|
S
|
N
|
N
|
N
|
N
| |||
(a)
|
The tract of land to be developed shall
be 10 acres or more in size.
| |||||||||||
(b)
|
Dimensional requirements and performance standards shall be in accordance with Article V of this chapter.
| |||||||||||
(c)
|
An amount of open land shall be set aside as permanent usable open space in accordance with § 185-17.
| |||||||||||
(d)
|
At least 30% of the lots in the development
shall be directly contiguous to the area of permanent open space required
in Subsection (c) above.
| |||||||||||
(8)
|
Twin single
|
N
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||
(9)
|
Townhouses In addition to the dimensional requirements included in Article V, the following regulations shall apply:
|
N
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||
(a)
|
Lot area: A minimum of five acres is
required for townhouses development.
| |||||||||||
(b)
| ||||||||||||
(c)
|
Each townhouse dwelling unit shall
incorporate varied designs, architectural modes and setbacks to avoid
a development resembling "row houses," and shall contain not less
than three nor more than six dwelling units joined by common walls.
| |||||||||||
(d)
|
Special requirements:
| |||||||||||
[1]
|
Municipal facilities: All townhouse
dwelling units must be provided with public water and sewer facilities.
| |||||||||||
[2]
|
Variation of design:
| |||||||||||
[a]
|
An overall structure of townhouses
shall not be permitted with one common roof line or with equal front
yard setbacks for all of the buildings, shall have a distinction between
dwelling units by varying the unit width or height, providing different
exterior materials on the facade or changing the roof lines.
| |||||||||||
[b]
|
Setbacks shall vary from one dwelling
unit to the other so that each is offset from the adjoining unit by
a minimum of two feet.
| |||||||||||
[3]
|
Natural features to be retained: Existing
natural features such as clusters of trees, brooks, creeks, streams,
and drainage channels shall be retained wherever practicable. These
features shall be identified and contained on the topography plan
submitted with the preliminary plans of the townhouse development.
| |||||||||||
[4]
|
Open space shall be in accordance with § 185-17.
| |||||||||||
(10)
|
Duplex
|
N
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||
(11)
|
Twin duplex
|
N
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||
(12)
|
Garden apartments
|
N
|
N
|
P
|
P
|
N
|
N
|
N
|
N
| |||
(12A)
|
Mid-rise and elderly mid-rise
|
N
|
N
|
N
|
P
|
N
|
N
|
N
|
N
| |||
(a)
|
Lot area: In the R-5 District, a minimum
of five acres with a width of not less than 300 feet at the building
setback line and street line; in the R-6 District, a minimum of 10
acres with a width of not less than 100 feet at the building setback
line and street line.
| |||||||||||
(b)
| ||||||||||||
(c)
|
Buffer yards: Along each side and rear property line which adjoins a residential district boundary, a buffer yard of 75 feet shall be provided. Such buffer yard shall meet the requirements of § 185-60.
| |||||||||||
(d)
|
Building orientation: Facing walls
are walls opposite to and parallel with one another and wall lines,
or wall lines extended of opposite walls intersecting at angles of
less than 65°. The minimum horizontal distance between facing
walls of any two buildings on one lot or any one building with facing
walls:
| |||||||||||
[1]
|
In the R-5 Districts:
| |||||||||||
[a]
|
Where two facing walls both contain
a window or windows, there shall in no case be less than a seventy-
five-foot separation.
| |||||||||||
[b]
|
Between two facing walls, only one
of which contains a window or windows, there shall be in no case less
than a fifty-foot separation.
| |||||||||||
[c]
|
Between two facing walls, neither of
which contains a window or windows, there shall be in no case less
than a thirty-foot separation.
| |||||||||||
[d]
|
Between corners of two buildings where
no exterior wall of one building lies in such a way that it can be
intersected by a line drawn perpendicular to any exterior wall of
other buildings (other than a line that results from colinear walls),
there shall be no less than a twenty- five-foot separation.
| |||||||||||
[2]
|
In the R-6 District, the minimum horizontal
distance between facing walls of buildings on the site shall be 50
feet or the height of the taller building, whichever is greater, where
both facing walls contain windows. Where one or neither facing building
walls contains windows, the minimum distance shall be 50 feet.
| |||||||||||
(e)
|
Recreation space: At least 10% of the
open space shall be devoted to recreation space.
| |||||||||||
(f)
|
In the R-6 District, for the purpose
of applying special exceptions and reduced standards, an elderly mid-rise
apartment is one subsidized by the federal, state, county or Township
government in order to allow occupancy of all the dwelling units by
families or individuals who qualify for such subsidized housing because
of age and inadequate income or because they qualify therefor as handicapped
persons.
| |||||||||||
(g)
|
The owner of an R-6 elderly housing,
mid-rise apartment shall file with the Township a notarized statement
on January 1 of each year or at other times deemed necessary by the
Board of Supervisors indicating the status of tenants with reference
to qualification as elderly or handicapped. Occupation of the use
by persons not qualifying as elderly or handicapped as defined in
Subsection (12A)(f) shall constitute a violation of this chapter by
the property owner.
| |||||||||||
(13)
|
Rooming house
|
N
|
N
|
P
|
P
|
P
|
S
|
N
|
N
| |||
(a)
|
A rooming house is a building or part
of a building occupied by three or more roomers, boarders or lodgers,
living as independent individuals, needing no assistance such as physical
or custodial care.
| |||||||||||
(b)
|
A roomer, boarder or lodger is a person
occupying any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes, and paying compensation for lodging, or board
and lodging by prearrange- ment for a week or more at a time to an
owner or renter or operator. Any person occupying such room or rooms
and paying such compensation without pre- arrangement or for less
than a week at a time shall be classified for purposes of this chapter
not as a roomer, boarder or lodger, but as a guest of a commercial
lodging establishment (motel, hotel, tourist home).
| |||||||||||
(c)
|
The lot upon which such rooming house
is located shall have a lot area of not less than 1,500 square feet
for each person including staff. This require- ment shall be in addition
to other lot area requirements of this chapter.
| |||||||||||
(13A)
|
Mobile home park
|
N
|
P
|
N
|
N
|
N
|
N
|
N
|
N
| |||
(a)
|
Minimum acreage: A proposed mobile
home park development site shall have a minimum lot area of 15 acres.
| |||||||||||
(b)
|
Performance standards: The density
in a mobile home park shall not exceed the density of the R-4 District
for detached dwelling units. The minimum open space ratio shall be
0.10 and the maximum impervious surface ratio shall be 0.25.
| |||||||||||
(c)
|
Dimensional requirements: Dimensions shall conform with cluster provisions for the R-4 District as outlined in § 185-22, Table of Dimensional Requirements.
| |||||||||||
(d)
|
Access: Provisions shall be made for
safe and efficient circulation to and from public streets and highways
serving the mobile home park development without causing interference
or confusion with the normal traffic flow.
| |||||||||||
(e)
|
Site drainage requirements: The ground
surface on all parts of every mobile home development shall be graded
and equipped to drain all surface water in a safe, efficient manner
as approved by the Township Engineer.
| |||||||||||
(f)
|
Mobile home development street system:
All streets shall be constructed in accordance with the Township specifications
applicable to public streets in conventional residential developments.
| |||||||||||
(g)
| ||||||||||||
(13B)
|
Family care home
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||
Any facility providing residential
services to persons residing in a residential facility wherein permanent
care or professional supervision is present, subject to the following
provisions:
| ||||||||||||
(a)
|
No more than five persons, plus the
professional staff, shall occupy a family care home.
| |||||||||||
(b)
|
The family care home shall be a "not
for profit" facility and receive all required approvals and licenses
from appropriate state and county agencies, and must comply in all
respects with applicable provisions of the Township building and fire
codes.
|
R-1
|
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
RESIDENTIAL USES
|
N
| ||||||||||||
(13C)
|
Family care home for substance abuse
rehabilitation: Any facility providing residential and custodial services
to persons requiring rehabilitation from substance abuse and who are
not able to live without care or supervision provided by professionals
trained to provide such care or supervision, subject to the following
provisions:
|
S
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |||
(a)
|
No more than five persons, plus the
professional staff, shall occupy a family care home for substance
abuse rehabilitation.
| ||||||||||||
(b)
|
No parcel of ground upon which a group home for substance abuse rehabilitation is located shall be permitted within 3,000 feet of the nearest property line of any other parcel which is also used as a family care home for substance abuse rehabilitation or a family care home for disabled persons as defined in § 185-16, Use 13B, of this chapter.
| ||||||||||||
(c)
|
The family care home for substance
abuse rehabilitation must be not for profit, receive all pertinent
approvals and licenses from all appropriate state and county agencies,
and must comply in all respects with applicable provisions of Township
building and fire codes, and the state adopted NFPA, Life Safety Code
§ 101, regulating new and existing residential-custodial
care facilities.
| ||||||||||||
(d)
|
The special exception shall not be
transferable, and shall expire at the termination of the property
as a family care home for substance abuse rehabilitation use.
| ||||||||||||
(e)
| |||||||||||||
(f)
|
The family care home for substance
abuse rehabilitation shall not be located within 3,000 feet of any
educational, religious, recreational or institutional use.
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
INSTITUTIONAL USES
| ||||||||||||||
(14)
|
Cemeteries A burial place or ground,
a graveyard, including mausoleum, crematories and columbariums, provided:
|
P
|
N
|
N
|
N
|
P
|
P
|
N
|
N
| |||||
(a)
|
The minimum lot size shall not be less
than two acres.
| |||||||||||||
(15)
|
Religious uses, including churches,
synagogues, temples, religious foundations or societies with associated
convents, parish houses and other housing for religious personnel,
subject to the following:
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| |||||
(a)
|
Minimum lot size shall not be less
than two acres.
| |||||||||||||
(b)
|
Maximum height restrictions shall not
apply to church buildings.
| |||||||||||||
(c)
|
Direct access to an arterial or collector
highway shall be available.
| |||||||||||||
(d)
|
Complete detached buildings on the
same lot shall be not less than 20 feet from one another.
| |||||||||||||
(16)
|
Schools, including religious and nonsectarian,
denominational, private or public school, not conducted as a private
gainful business, subject to the following provisions:
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| |||||
(a)
|
Minimum lot size shall be not less
than two acres.
| |||||||||||||
(b)
|
Direct access to an arterial or collector
highway shall be available.
| |||||||||||||
(c)
|
Completely detached buildings on the
same lot shall be not less than 20 feet from one another.
| |||||||||||||
(17)
|
Cultural facilities, including art
galleries, auditoriums, libraries or museums, open to the public or
connected with a permitted educational use, and not conducted as a
private gainful business.
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| |||||
(18)
|
Community center, adult education center,
or other similar facility operated by an educational, philanthropic,
or religious institution, subject to the following provisions:
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| |||||
(a)
|
The use shall not be conducted as a
private gainful business.
| |||||||||||||
(b)
|
No outdoor recreation area shall be
located nearer to any lot line than that required front yard depth.
| |||||||||||||
(19)
|
Day nursery, nursery school, kindergarten,
or other agency giving day care to children, whether or not conducted
as a private, gainful business, subject to the following provisions:
|
N
|
S
|
S
|
S
|
P
|
P
|
N
|
N
| |||||
(a)
|
The use shall be conducted in a building
compatible with the district.
| |||||||||||||
(b)
|
Outdoor play areas shall be sufficiently
screened and sound-insulated so as to protect the neighborhood from
noise and other disturbance.
| |||||||||||||
(19A)
|
Older adult daily living center: A
facility giving day care to adults who are unable, without care, supervision
and the continued assistance of others, to satisfy the need for nourishment,
personal or medical care, shelter, and self protection and safety,
subject to the following conditions:
|
N
|
N
|
N
|
N
|
S
|
S
|
S
|
N
| |||||
(a)
|
A license from the Pennsylvania Department
of Aging in compliance with 6 Pa. Code, Chapter 11 — Older Adult
Daily Living Centers, is required as a condition of zoning approval
and prior to the issuance of an occupancy permit. A copy of the license
shall be provided to the Township.
| |||||||||||||
(b)
|
The facility shall not provide any
care between the hours of 9:00 p.m. and 6:00 a.m.
| |||||||||||||
(c)
|
An outdoor recreation area shall be
provided with a minimum area of 50 square feet for each adult that
the facility is licensed to accommodate. This outdoor recreation area
shall be entirely enclosed with a minimum four-foot-high fence and
shall be located no closer than 25 feet from any property line. It
shall not be located in the front yard and it shall not include any
driveways or parking areas.
| |||||||||||||
(20)
|
Public recreation facility owned or
operated by an agency of the Township or other government.
|
P
|
P
|
P
|
P
|
N
|
P
|
N
|
N
| |||||
(21)
|
Private recreation facility not including
facilities to a home or a development of dwelling units, subject to
the following provisions:
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
P
| |||||
(a)
|
No outdoor active recreation area shall
be located nearer to any lot line than the required front yard.
| |||||||||||||
(b)
|
Outdoor play areas shall be sufficiently
screened and sound-insulated so as to protect the neighborhood from
excessive noise and other disturbance.
| |||||||||||||
(22)
|
Private club, or lodge operated for
members only and not for profit.
|
N
|
N
|
N
|
N
|
P
|
P
|
N
|
N
| |||||
(23)
|
Nursing home A nursing home, also commonly
known as a convalescent home, is a licensed establishment which provides
full-time convalescent or chronic care or both for three or more individuals
who are not related by blood or marriage to the operator and who,
by reason of chronic illness or infirmity, are unable to care for
themselves. No care for the acutely ill or surgical or obstetrical
services shall be provided in such a home; a hospital or sanitarium
shall not be construed to be included in this definition; provided:
|
N*
|
N*
|
N*
|
N*
|
P
|
P
|
N
|
N
| |||||
(a)
|
A lot area of not less than five acres
is provided.
| |||||||||||||
(b)
|
A lot area of not less than 2,000 square
feet per patient is provided.
| |||||||||||||
*NOTE: Permitted as a special exception if in addition to all other requirements of § 185-22, the following conditions are also satisfied:
| ||||||||||||||
(1)
|
The use has a direct access to an arterial street as defined in § 185-31C(1)(b).
| |||||||||||||
(2)
|
The nursing home is solely for the
use of persons residing in dwellings located on the same lot as the
nursing home.
|
N
| ||||||||||||
(24)
|
Professional services, excluding abortion
clinics and including but not limited to offices of physicians, lawyers,
teachers, dentists, architects, engineers, insurance agents, opticians,
and medical and related offices, which do not involve the actual storage,
exchange, or delivery of merchandise on the premises.
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
N
| |||||
(24A)
|
Massage therapy establishment and alternative therapy
establishment
|
N
|
N
|
N
|
N
|
S
|
N
|
N
|
N
| |||||
Any retail establishment in the Township where massage
therapy and/or alternative therapy is being administered by an individual
or individuals licensed by the Pennsylvania State Board of Massage
Therapy or the Township of Upper Southampton if the establishment
meets the following conditions:
| ||||||||||||||
1.
|
Hours of operation shall be limited from 7:00 a.m.
to 10:00 p.m. daily.
| |||||||||||||
2.
|
The establishment may only be located in shopping centers
(Use 41).
| |||||||||||||
(25)
|
Business services limited to offices
for real estate, stock and bond brokers, accountants, adjusters, appraisers,
computer services, utility companies, including other wholesale business
services which are predominantly office oriented.
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
N
| |||||
(26)
|
Public services limited to governmental
offices.
|
N
|
N
|
P
|
P
|
P
|
P
|
P
|
N
| |||||
(27)
|
Bank or other financial institution.
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
N
| |||||
(28)
|
Health services, excluding abortion
clinics and limited to medical or dental offices, laboratories and
clinics.
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
N
| |||||
(28A)
|
Abortion clinics subject to the following
provisions:
|
N
|
N
|
N
|
N
|
N
|
S
|
N
|
N
| |||||
(a)
|
Such abortion clinics shall at all
times be duly approved by the Pennsylvania Department of Health, and
in compliance with the rules of all other regulatory agencies; and
| |||||||||||||
(b)
|
No activity on the premises shall be
carried on in violation of a federal or Pennsylvania criminal law.
| |||||||||||||
(29)
|
Veterinary office or animal hospital
defined herein as any building used by a veterinarian for the treatment,
housing or boarding of small domestic animals such as dogs, cats,
goats, rabbits, and birds or fowl, provided that:
|
N
|
N
|
N
|
N
|
P
|
P
|
N
|
N
| |||||
(a)
|
If only small animals are to be treated (dogs, cats, birds and the like) such hospital or office shall have a minimum lot area as specified in § 185-22.
| |||||||||||||
(b)
|
If large animals are to be treated
(cows, horses, pigs and the like) such office or hospital may be located
only in an RS District and shall have a minimum lot size of five acres.
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| ||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
COMMERCIAL USES
| |||||||||||||||
(30)
|
Shops and stores for the retail sale
of antiques, books, beverages, confections, drugs, dry goods, flowers,
foodstuffs, gifts, garden supplies, hardware, household appliances,
jewelry, notions, periodicals, stationery, tobacco, paint and wearing
apparel and other similar uses but not including stores whose market
is regional in nature or stores and shops selling pornographic materials.
Such uses are subject to the outdoor storage requirements of Use 60.
|
N
|
N
|
N
|
N*
|
P
|
N
|
N
|
N
| ||||||
*NOTE: S for exclusive use of elderly
multiple-family dwellings.
| |||||||||||||||
(30A)
|
Stores and shops for the retail sale
of furniture, carpeting, or other merchandise aimed at a regional
market providing:
|
N
|
N
|
N
|
N
|
S
|
S
|
N
|
N
| ||||||
(a)
|
The store is individual or freestanding.
| ||||||||||||||
(b)
|
The retail use generates no more than
four trips per 1,000 square feet of gross floor area in a twenty-four-
hour period.
| ||||||||||||||
(c)
|
The retail use employs no more than
two employees per 1,000 square feet of gross floor area.
| ||||||||||||||
(d)
|
The minimum lot size shall be three
acres.
| ||||||||||||||
(e)
|
The required setback shall be 100 feet
from the streetline.
| ||||||||||||||
(f)
|
The minimum frontage shall be 250 feet.
| ||||||||||||||
(30B)
|
Stores and shops selling pornographic
materials
|
N
|
N
|
N
|
N
|
S
|
N
|
N
|
N
| ||||||
(a)
|
The use is located within a shopping
center (Use 41) which center is on a site of three acres or more.
| ||||||||||||||
(b)
|
The building or structure of such use
shall be located no closer than 500 feet from any other building or
structure having a residential, school, church, recreational, religious,
institutional or educational use.
| ||||||||||||||
(c)
|
No such use shall be located within
2,000 feet of a similar use.
| ||||||||||||||
(d)
|
No materials sold within shall be visible
from any window or door.
| ||||||||||||||
(e)
|
No sale of pornographic material shall
be made to persons under the age of 18 years.
| ||||||||||||||
(f)
|
All signs for the use shall comply with Article VII of this chapter.
| ||||||||||||||
(g)
| |||||||||||||||
(h)
|
All pornographic material shall be
stored behind the counter.
| ||||||||||||||
(30C)
|
Sale of consumer fireworks. Sales of consumer fireworks from a permanent facility or temporary structure shall be permitted only by special exception in the LI District subject to compliance with all of the following specific regulations set forth herein with respect to such use as well as the general provisions regarding the Special Exception contained in § 185-80 of this Code as follows:
|
N
|
N
|
N
|
N
|
N
|
N
|
S
|
N
| ||||||
(a)
|
A permanent facility for the sale of
consumer fireworks shall comply with the following criteria established
in Pennsylvania Act 43 of 2017 as follows:
| ||||||||||||||
(1)
|
The facility shall be licensed by the Department of Agriculture
in accordance with licensing requirements established by the Commonwealth
of Pennsylvania;
| ||||||||||||||
(2)
|
The facility shall be a stand-alone permanent structure;
| ||||||||||||||
(3)
|
Storage areas shall be separated from wholesale and retail sales
areas to which a purchaser may be admitted by appropriately rated
fire separation;
| ||||||||||||||
(4)
|
The facility shall not be closer than 250 feet from any facility
selling or dispensing gasoline, propane or other flammable product;
| ||||||||||||||
(5)
|
The facility shall not be located closer than 1,500 feet from
any other facility licensed to sell consumer fireworks; and
| ||||||||||||||
(6)
|
The facility shall have a monitored burglar and fire alarm system
and shall have quarterly fire drills and preplanning meetings conducted
by the local fire company.
| ||||||||||||||
(b)
|
A temporary structure shall be permitted
if 1) licensed by the Department of Agriculture; 2) complies with
Section (a) above; and 3) complies with the requirements and criteria
established in Pennsylvania Act 43 of 2017 as follows:
| ||||||||||||||
(1)
|
The temporary structure is located no closer than 250 feet from
a facility storing, selling or dispensing gasoline, propane or other
flammable products;
| ||||||||||||||
(2)
|
An evacuation plan is posted in a conspicuous location for a
temporary structure in accordance with NFPA 1124;
| ||||||||||||||
(3)
|
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation;
| ||||||||||||||
(4)
|
The temporary structure complies with NFPA 1124 as it relates
to retail sales of consumer fireworks in temporary structures;
| ||||||||||||||
(5)
|
The temporary structure is located one of the following distances
from a permanent facility licensed to sell Consumer Fireworks under
the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks
Law, at the time of the effective date of this chapter:
| ||||||||||||||
(i)
|
Prior to January 1, 2023, at least
five miles.
| ||||||||||||||
(ii)
|
Beginning January 1, 2023, at least two miles;
| ||||||||||||||
(6)
|
The temporary structure does not exceed 2,500 square feet;
| ||||||||||||||
(7)
|
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure;
| ||||||||||||||
(8)
|
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance and otherwise comply with Township
insurance requirements;
| ||||||||||||||
(9)
|
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year; and
| ||||||||||||||
(10)
|
Consumer fireworks not on display for retail sale are stored
in an outdoor storage unit; and
| ||||||||||||||
(11)
|
Limitations. The sale of consumer fireworks from the temporary
structure is limited to the following:
| ||||||||||||||
(i)
|
Helicopter, aerial spinner (APA 87-1, 3.1.2.3).
| ||||||||||||||
(ii)
|
Roman candle (APA 87-1, 3.1.2.4).
| ||||||||||||||
(iii)
|
Mine and shell devices not exceeding 500 grams.
| ||||||||||||||
(c)
|
In addition to paragraphs (a) and (b) above, both permanent
facilities and temporary structures shall also comply with the following
requirements:
| ||||||||||||||
(1)
|
The facility and/or structure shall not be located within 500
feet of any premises licensed by the Pennsylvania Liquor Control Board
for the sale of alcoholic beverages;
| ||||||||||||||
(2)
|
The facility and/or structure shall not be located within 500
feet of any public recreational facility (Use 20), schools (Use 16)
and/or day nursery/school (Use 19);
| ||||||||||||||
(3)
|
The hours of operation shall be no earlier than 9:00 a.m. and
no later than 9:00 p.m. prevailing time;
| ||||||||||||||
(4)
|
Off-street parking shall be provided in accordance with Article VI of this Zoning Ordinance. In the event that a temporary structure is used, parking must be provided for both the underlying use and temporary structure; and
| ||||||||||||||
(5)
|
The facility and structure shall comply in all respects with
the requirements and standards established and applicable federal,
state and local law and especially those established in the "Pennsylvania
Fireworks Law,"[1] the "Pennsylvania Construction Code Act" and the "Pennsylvania
Uniform Construction Code Act"[2] as enacted and amended from time to time by the General
Assembly of the Commonwealth of Pennsylvania.
| ||||||||||||||
(30D)
|
Medical marijuana dispensary
|
N
|
N
|
N
|
N
|
S
|
N
|
N
|
N
| ||||||
Medical marijuana dispensary is permitted as a special
exception if such use meets the following conditions and criteria:
| |||||||||||||||
(a)
|
Hours of operation shall be limited from 9:00 a.m.
to 9:00 p.m. daily.
| ||||||||||||||
(b)
|
The dispensary and operation thereof shall be in full
compliance with federal, state and local laws including but not limited
to the Medical Marijuana Act. A medical marijuana dispensary shall
obtain all required zoning and building permits from the Township
and submit an approved permit for the operation of a medical marijuana
dispensary that is issued by the Commonwealth of Pennsylvania.
| ||||||||||||||
(31)
|
Personal services, including barber
shop, beauty parlor, laundry or cleaning agency, self-service laundry
and wearing apparel.
|
N
|
N
|
N
|
N*
|
P
|
N
|
N
|
N
| ||||||
*NOTE: S for exclusive use of elderly
multiple-family dwellings.
| |||||||||||||||
(32)
|
Repair services including shops for
appliances, watches, guns, bicycles, locks, etc.
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
N
| ||||||
(33)
|
Restaurant where the primary use is
serving lunches and dinners to the public for consumption on the premises,
subject to the following standards:
|
N
|
N
|
N
|
N
|
P
|
S
|
N
|
N
| ||||||
(a)
|
A minimum lot area of three acres is
provided.
| ||||||||||||||
(b)
|
A minimum frontage of 250 feet on a
collector highway as designated in the Comprehensive Plan is provided.
| ||||||||||||||
(c)
|
All buildings will be set back 100
feet from all street and property lines.
| ||||||||||||||
(34)
|
Drive-in type restaurants and fast-food
service stands where the primary function is serving of sandwiches
and fast foods for consumption on or off the premises subject to Subsections
(a), (b) and (c) of Use 33.
|
N
|
N
|
N
|
N
|
S
|
S
|
N
|
N
| ||||||
(35)
|
Trade or professional schools, music
school or dancing school.
|
N
|
N
|
N
|
N
|
P
|
P
|
N
|
N
| ||||||
(36)
|
Mortuary or funeral home
|
N
|
N
|
N
|
N
|
P
|
P
|
S
|
N
| ||||||
(37)
|
Public entertainment facilities. An
activity operated as a gainful business, open to the public for the
purpose of public entertainment or recreation, including but not limited
to bowling alleys, indoor motion-picture theaters, health clubs, video
arcades, etc.; but not including outdoor facilities such as outdoor
motion-picture theaters, golf courses, driving ranges, amusement parks;
provided adequate measures to prevent noise and other noxious influences
from disturbing nearby residential properties must be taken by permitted
uses.
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
N
| ||||||
(38)
|
Gasoline service stations, including
self-service types provided:
|
N
|
N
|
N
|
N
|
S
|
N
|
N
|
N
| ||||||
(a)
|
Each lot shall have an area of not
less than 55,000 square feet.
| ||||||||||||||
(b)
|
Each interior lot shall have a width
of not less than 250 feet. For a corner lot the minimum lot frontage
shall not be less than 250 feet on each street.
| ||||||||||||||
(c)
|
The front yard along each arterial
street (Second Street Pike and Street Road) on which a lot abuts shall
be not less than 60 feet measured from the right-of-way line of such
arterial street, except as to gasoline pumps as provided in Subsection
(h); the front yard along any other street on which a lot abuts shall
be not less than 50 feet measured from the right-of-way line or proposed
right-of-way line of the street. In the event that a proposed or future
right-of-way line appears on a proposed plan of the Pennsylvania Department
of Transportation or the Township of Upper Southampton for the widening
of any streets or roads in the Township of Upper Southampton, the
required front yard shall be measured from such proposed or future
right-of-way line.
| ||||||||||||||
(d)
|
Each lot shall have two side yards
of not less than 25 feet each. On a corner lot the street side yard
shall equal the required front yard for lots facing that street.
| ||||||||||||||
(e)
|
Each lot shall have a rear yard of
not less than 25 feet
| ||||||||||||||
(f)
|
No building or structure shall be less
than 100 feet from any residential zone.
| ||||||||||||||
(g)
|
No building or structure shall exceed
30 feet in height.
| ||||||||||||||
(h)
|
Gasoline pumps shall be set no less
than 30 feet from the street right-of-way or proposed right-of-way
line, and not less than 100 feet from any residential line.
| ||||||||||||||
(i)
|
No gasoline service station shall be
permitted within 1,000 feet of a church, public or parochial school,
public library, public recreation area, or another gasoline service
station.
| ||||||||||||||
(j)
|
Buffer yards and screening shall be provided and maintained in accordance with § 185-60.
| ||||||||||||||
(k)
|
All open space except drives, parking
stalls, and service areas shall be landscaped. The term "landscaping"
shall include:
| ||||||||||||||
[1]
|
The treatment and mainten- ance of
open space with shrubs, trees, lawn or flowers to present an attractive,
well-kept appearance.
| ||||||||||||||
[2]
|
The retention of natural wooded areas.
Landscaping may also include ornamental flagstone and brickwork.
| ||||||||||||||
(l)
|
All activities not performed at the
gasoline pumps shall be performed in completely enclosed buildings.
| ||||||||||||||
(m)
|
Access regulations.
| ||||||||||||||
[1]
|
Access shall be by not more than one
driveway for each 100 feet of frontage on any street.
| ||||||||||||||
[2]
|
No two of said driveways shall be closer
to each other than 40 feet and no driveway shall be closer to a side
property line than 10 feet.
| ||||||||||||||
[3]
|
Each driveway shall be not more than
40 feet in width, measured at right angles to the center line the
driveway, not including permissible curb return radii. The entire
flare of any return radius shall fall within the right-of- way.
| ||||||||||||||
[4]
|
No driveway shall be closer than 10
feet to the point of intersection of two property lines at any corner
as measured along the property line, and no driveway shall cross such
extended property line.
| ||||||||||||||
[5]
|
On all corner properties there shall
be a minimum distance of 50 feet, measured from the lot line, between
any entrance or exit drive and the right- of-way line or proposed
right-of-way line of the street which parallels said access drive,
and a minimum distance of 40 feet from any adjoining property line.
| ||||||||||||||
[6]
|
In all cases where there is an existing
curb and gutter or sidewalk on the street, the applicant for a permit
shall provide a safety island along the entire frontage of the property,
except for the permitted driveways. On the two ends and street side
of each island shall be constructed a concrete curb, the height, location,
and structural specifications of which shall be approved by the Township
Engineer. Maximum end minimum curb return radii permitted and minimum
driveway approach angles to the center line of the street are required
as shown on Figure 1.[3]
| ||||||||||||||
[7]
|
Where there is no existing curb and
gutter or side- walk, the applicant may at his option install such
safety island and curb, or, in place thereof, shall construct along
the entire length of the property line, except in front of the permitted
driveways, a curb, fence, or pipe rail not exceeding two feet nor
less than eight inches in height.
| ||||||||||||||
(n)
|
Self-service operation. Self-service
type gasoline pumps are permitted as either the sole type of pump
at a station or in conjunction with attendant-served pumps, provided:
| ||||||||||||||
[1]
|
Instructions for the operation of the
dispensers shall be conspicuously posted on the dispenser or dispenser
island. The following warning shall also be posted on each dispenser
island:
| ||||||||||||||
"WARNING - IT IS UNLAWFUL TO DISPENSE
GASOLINE INTO ANY PORTABLE CONTAINER UNLESS THE CONTAINER IS CONSTRUCTED
OF METAL OR IS APPROVED BY THE FIRE MARSHAL."
| |||||||||||||||
[2]
|
Other applicable provisions of the
Pennsylvania State Police Fire Marshal's Code (Pa. State Police Regula-
tions for the Storage, Handling, and Use of Flamm- able and Combustible
Liquids, 1971, pursuant to Section I of P.L. 450 of April 27, 1927,
as amended) shall be complied with.
| ||||||||||||||
(38A)
|
Automobile repair and car wash facility
The repair of automobiles except heavy trucks (those of 6,000 pounds
GVW or more) or car washing facility, provided:
| ||||||||||||||
(a)
|
All repair work shall be performed
within an enclosed building. No body shop work or vehicle painting
shall be permitted.
| ||||||||||||||
(b)
|
Buffer yards and screening shall be provided and maintained in accordance with § 185-60.
| ||||||||||||||
(c)
|
All open space except drives, parking
stalls and service areas shall be landscaped. The term "landscaping"
shall include:
| ||||||||||||||
[1]
|
The treatment and maintenance of open
space with shrubs, trees, lawn or flowers to present attractive, well-kept
appearance.
| ||||||||||||||
[2]
|
The retention of natural wooded areas.
Landscaping may also include ornamental flagstone and brickwork.
| ||||||||||||||
(d)
|
Access regulations:
| ||||||||||||||
[1]
|
Access shall be by not more than one
driveway for each 100 feet of frontage on any street.
| ||||||||||||||
[2]
|
No two of said driveways shall be closer
to each other than 40 feet and no driveway shall be closer to a side
property line than 10 feet.
| ||||||||||||||
[3]
|
Each driveway shall be not more than
35 feet in width, measured at right angles to the center line of the
driveway, not including permissible curb return radii. The entire
flare of any return radius shall fall within the right- of-way.
| ||||||||||||||
[4]
|
No driveway shall be closer than 10
feet to the point of the intersection of two property lines at any
corner as measured along the property line, and no driveway shall
cross such extended property line.
| ||||||||||||||
[5]
|
All entrance and exit drives shall
be located a minimum distance of 50 feet from the proposed or existing
right-of-way line which parallels said access drive on all corner
properties.
| ||||||||||||||
(38B)
|
Truck repair and body shop. Truck repair
garage and automotive body shop including paint spraying, body and
fender work, provided:
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
N
| ||||||
(a)
|
No building or structure shall be less
than 100 feet from any residential zone.
| ||||||||||||||
(b)
|
All repair and paint work shall be
performed within an enclosed building.
| ||||||||||||||
(c)
|
Buffer yards and screening shall be provided and maintained in accordance with § 185-60.
| ||||||||||||||
(d)
|
All open space except drives, parking
stalls and service areas shall be landscaped. The term "landscaping"
shall include:
| ||||||||||||||
[1]
|
The treatment and mainten- ance of
open space with shrubs, trees, lawn or flowers to present attrac-
tive well-kept appearance.
| ||||||||||||||
[2]
|
The retention of natural wooded areas.
Landscaping may also include ornamental flagstone and brickwork.
| ||||||||||||||
(e)
|
Access regulations:
| ||||||||||||||
[1]
|
Access shall be by not more than one
driveway for each 100 feet of frontage on any street.
| ||||||||||||||
[2]
|
No two of said driveways shall be closer
to each other than 40 feet and no driveway shall be closer to a side
property line than 10 feet.
| ||||||||||||||
[3]
|
Each driveway shall be not more than
35 feet in width, measured at right angles to the center line of the
driveway, not including permissible curb radii. The entire flare of
any radius shall fall within the right-of-way.
| ||||||||||||||
[4]
|
No driveway shall be closer than 10
feet to the point of intersection of two property lines at any corner
as measured along the property line, and no driveway shall cross such
extended property line.
| ||||||||||||||
[5]
|
All entrance and exit drives shall
be located a minimum distance of 50 feet from the proposed or existing
right-of-way line which parallels said access drive on all corner
properties.
| ||||||||||||||
(39)
|
Sale of automotive accessories, parts,
tires, batteries, and other supplies subject to the following additional
provisions:
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
N
| ||||||
(a)
|
Installation of parts shall be in an
enclosed structure.
| ||||||||||||||
(b)
|
Entry to the structure by vehicles
for the purpose of installing parts shall not be taken from the front
of the building.
| ||||||||||||||
(40)
|
Tourist homes, motels and hotels A
building or group of buildings containing rooms for rent for the accommodation
of transient guests, chiefly motorists, subject to the following conditions:
|
N
|
N
|
N
|
N
|
P
|
S
|
N
|
N
| ||||||
(a)
|
A lot area of not less than five acres
shall be provided.
| ||||||||||||||
(b)
|
The lot shall have direct access to
a collector or arterial highway as designated on the Roads and Highways
Map of the Comprehensive Plan.
| ||||||||||||||
(c)
|
No building shall be located within
100 feet of any street or property line.
| ||||||||||||||
(41)
|
Shopping centers Shopping centers are
a cluster of commercial establishments, planned, developed, owned
and managed as a unit and related in location, vehicular and pedestrian
circulation, size and type of shops to the trade area that the unit
serves, provided:
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
N
| ||||||
(a)
|
A minimum lot area of five acres is
required, except that three- acre tracts may be developed as shopping
centers if they share access points with existing contiguous shopping
centers.
| ||||||||||||||
(42)
|
Automobile sales agency This use is
subject to the following:
|
N
|
N
|
N
|
N
|
S
|
N
|
N
|
N
| ||||||
(a)
|
A minimum lot area of three acres is
provided.
| ||||||||||||||
(b)
|
A minimum frontage of 200 feet on a
collector or arterial highway is provided.
| ||||||||||||||
(c)
|
A one-hundred-foot setback from all
street lines residential is provided with no parking or storage permitted
within the setback.
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
TRANSPORTATION FACILITIES
| ||||||||||||||
(43)
|
Parking area or garage is defined herein
as a lot of record upon which the parking or storing of automotive
vehicles is the primary use of said lot, provided:
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
P
| |||||
(a)
|
Such area will be used for parking
of cars of employees, customers or guests of existing establishments
in the same district where subject parking area is proposed.
| |||||||||||||
(b)
|
No sale, rental, service or repair
operation shall be performed.
| |||||||||||||
(c)
|
Except in RS Districts, no charge shall
be made for parking.
| |||||||||||||
(d)
|
Except in RS Districts, the parking
or storage of vehicles shall not be located within a building or structure.
| |||||||||||||
(e)
|
The parking or storage of trucks or
trailers shall not be permitted.
| |||||||||||||
(f)
|
All parking areas shall meet the design standards for off-street parking included in the Chapter 160, Subdivision and Land Development.
| |||||||||||||
(44)
|
Bus or taxicab terminal Any lot or
tract of land which is utilized for the parking and/or storage of
taxi cabs or buses utilized for a commercial purpose.
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
N
| |||||
(45)
|
Railroad station, railway express service
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
N
| |||||
(46)
|
Helistop Any landing area used for
the landing and taking off of helicopters for the purpose of picking
up or discharging of passengers or cargo, subject to the following
additional provisions:
|
N
|
N
|
N
|
N
|
S
|
S
|
S
|
S
| |||||
(a)
|
A minimum landing area of 10,000 square
feet with each dimension being at least 100 feet, if a rooftop landing
area, the minimum landing area shall be 40 feet by 40 feet.
| |||||||||||||
(b)
|
Excepting rooftop landing areas, the
entire landing area to be surrounded by a fence at least six feet
in height.
| |||||||||||||
(c)
|
No fueling, refueling, service or storage
facilities shall be included.
| |||||||||||||
(d)
|
The proposed helistop will not adversely
affect the adjoining land uses, the safety and welfare of nearby residents,
nor the future growth and develop- ment of the area in which it is
to be located.
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
UTILITIES
| ||||||||||||||
(47)
|
Communication facilities including
telephone or telegraph exchange, radio or television broadcasting
studio, but excluding transmitting towers and micro-relay towers.
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
P
| |||||
TELECOMMUNICATIONS
| ||||||||||||||
(47A)
|
Cellular telecommunications tower: A telecommunications
tower with antennae shall be permitted as a special exception when
such tower complies with the applicable section below
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |||||
(a)
|
Requirements for all zoning districts for telecommunications
towers located outside the public rights-of-way. A cellular telecommunications
tower shall comply with all of the following requirements regardless
of the zoning district:
| |||||||||||||
[1]
|
The applicant shall demonstrate that the proposed tower
cannot be accommodated on an existing or already-approved structure
or building, or sited on land owned and maintained by the Township.
The applicant shall demonstrate that it contacted the owners of tall
structures, buildings, and towers within a one-quarter-mile radius
of the site proposed, sought permission to install an antenna on those
structures, buildings, and towers and was denied for one of the following
reasons:
| |||||||||||||
[a]
|
The proposed telecommunications facility would exceed
the structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
| |||||||||||||
[b]
|
The proposed telecommunications facility would cause
radio frequency interference with other existing equipment for that
existing building, structure, or tower and the interference cannot
be prevented at a reasonable cost.
| |||||||||||||
[c]
|
Existing buildings, structures, or towers do not have
adequate location, space, access, or height to accommodate the proposed
equipment or to allow it to perform its intended function.
| |||||||||||||
[d]
|
A commercially reasonable agreement could not be reached
with the owner of such building, structure, or tower.
| |||||||||||||
[2]
|
The applicant shall demonstrate that the tower is the
minimum height necessary for the service area, and at the proposed
location is necessary to fill a gap in the applicant's coverage or
capacity network.
| |||||||||||||
[3]
|
The applicant shall demonstrate that the proposed tower
complies with all state and federal laws and safety regulations including
but not limited to aviation, engineering and mechanical regulations,
etc. Specifically, the applicant shall demonstrate that the proposed
tower will not generate radio frequency emissions and electromagnetic
fields in excess of the standards and regulations of the Federal Communications
Commission (hereafter "FCC"), including, but not limited to, the FCC
Office of Engineering Technology Bulletin 65, entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended. Applicant shall submit a study
and report establishing compliance.
| |||||||||||||
[a]
|
Applicant shall also demonstrate that the proposed
tower will not interfere with public safety communications or the
reception of broadband, television, radio or other communication services
enjoyed by occupants of nearby properties.
| |||||||||||||
[4]
|
Towers shall be designed and constructed to meet all
applicable standards of the American National Standards Institute,
ANSI/EIA-222 E manual, as amended. Applicant shall submit plans, drawings
and structural engineering report demonstrating compliance. The tower
shall be designed to withstand wind gusts of at least 100 miles per
hour. The tower shall be designed so the tower can accommodate the
future placement of antennae by other service providers. All such
plans, drawings and reports for a proposed tower shall contain the
seal and signature of a professional structural engineer, licensed
in the Commonwealth of Pennsylvania.
| |||||||||||||
[5]
|
Applicant shall submit a soil report that documents
and verifies the design specifications of the foundation for the tower,
and anchors for the guy wires, if used, complies with standards of
Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended.
| |||||||||||||
[6]
|
The applicant shall demonstrate that the proposed tower
employs the most current stealth technology available in an effort
to appropriately blend into the surrounding environment and minimize
aesthetic impact. Application of the stealth technology chosen by
the applicant shall be subject to the approval of the Township. Photo
simulations showing the view of the tower, before and after the proposed
installation and from the northerly, southerly, easterly and westerly
directions, shall be provided with the application.
| |||||||||||||
[7]
|
The location of the tower and related equipment shall
comply with all natural resource protection standards established
by this chapter.
| |||||||||||||
[8]
|
A security fence eight feet in height shall completely
surround the tower (guy wires if used), related equipment, and equipment
building in all nonresidential zoning districts, and a security fence
six feet in height shall completely surround the tower (guy wires
if used), related equipment, and equipment building in all residential
zoning districts.
| |||||||||||||
[9]
|
The following buffer plantings shall be located around
the perimeter of the telecommunications security fence:
| |||||||||||||
[a]
|
An evergreen screen shall be planted that consists
of a row of evergreen trees, with a minimum height of six feet at
time of planting, and shall be planted six feet on center, in a staggered
arrangement, in order to provide an immediate screening effect.
| |||||||||||||
[b]
|
Existing vegetation (trees and shrubs) shall be preserved
to the maximum extent possible.
| |||||||||||||
[10]
|
Towers shall not be artificially lighted, except as
required by law, or required as part of a stealth design.
| |||||||||||||
[11]
|
Towers shall be fully automated and unattended on a
daily basis, and shall be visited only for periodic maintenance or
emergency repair. Two off-street parking spaces shall be created for
such maintenance visits.
| |||||||||||||
[12]
|
Where the tower is located on a property with another
principal use, the applicant shall present documentation that the
owner of the property has granted an easement for the proposed facility
and that vehicular access is provided to the facility.
| |||||||||||||
[13]
|
The tower shall be set back from all adjoining property
lines by a minimum distance equal to 150% of the height of the tower;
and the telecommunications equipment building shall not exceed 10
feet in height and comply with the minimum setback requirements for
the host lot.
| |||||||||||||
[14]
|
The owner or operator of a tower greater than 35 feet
in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $5,000,000
per occurrence and property damage coverage in the minimum amount
of $5,000,000 per occurrence covering the tower. Each person that
owns or operates a tower 35 feet or less in height shall provide the
Township with a certificate of insurance evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering each tower.
| |||||||||||||
[15]
|
Towers shall be operated and maintained so as not to
produce noise in excess of applicable noise standards under state
law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis.
| |||||||||||||
[16]
|
All towers shall post a sign in a readily visible location
identifying the name and phone number of a party to contact in the
event of an emergency. The only other signage permitted on the tower
shall be those required by the FCC, or any other federal or state
agency.
| |||||||||||||
[17]
|
Within 30 calendar days of the date that an application
for a tower is filed with the Township, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. All applications for towers shall be acted
upon within 150 days of the receipt of a fully completed application
for the approval of such tower and the Township shall advise the applicant
in writing of its decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
one-hundred-fifty-day review period.
| |||||||||||||
[18]
|
In the event that use of a tower is discontinued, the
owner shall provide written notice to the Township of its intent to
discontinue use and the date when the use shall be discontinued. All
abandoned or unused towers, related equipment, and accessory facilities
shall be removed within four months of the cessation of operations
at the site unless a time extension is approved by the Township.
| |||||||||||||
[19]
|
Prior to receipt of a zoning permit for the construction
or placement of a tower, the applicant shall provide to the Township
financial security sufficient to guarantee the removal of the tower,
which shall remain in place until the tower is removed.
| |||||||||||||
(b)
|
Requirements for all zoning districts for new telecommunications
towers located inside the public rights-of-way (ROW). A cellular telecommunications
tower in the public ROW shall comply with all of the following requirements:
| |||||||||||||
[1]
|
Towers in the ROW shall comply with the regulations
set forth in § 185-16(47A) (a)[1], [2], [3], [4], [5], [6],
[7], [10], [11], [14], [15], [16], [17], [18] and [19] of this chapter.
| |||||||||||||
[2]
|
Towers in the ROW shall not exceed 35 feet in height
and are prohibited in areas in which all utilities are located underground.
| |||||||||||||
[3]
|
Towers shall be located at, or near, a side yard property
line and not directly in front of a dwelling or commercial building,
and shall employ a stealth design (i.e., stealth technology) subject
to the approval of the Township. Any proposed tower shall be designed
structurally, electrically, and in all respects, to accommodate antennae
for future users.
| |||||||||||||
[4]
|
Prior to constructing a new tower in the ROW, the applicant
must demonstrate that it could not locate its cellular telecommunications
facility on existing infrastructure, such as existing utility poles,
water towers, or other tall structures. The applicant must demonstrate
that a significant gap in wireless coverage or capacity exists in
the applicable area and that the type of facility being proposed is
the least intrusive means by which to fill that gap.
| |||||||||||||
[5]
|
If such location or co-location described above is
not technologically or economically feasible, towers are permitted
along certain roads classified as collector roads and arterial roads,
as identified in the Upper Southampton Township Comprehensive Plan.
A list of such permitted roads is available in the Township Zoning
Office.
| |||||||||||||
[6]
|
Towers and related equipment shall be located so as
not to cause any physical or visual obstruction to pedestrian or vehicular
traffic, or to otherwise create safety hazards to pedestrians and/or
motorists or to otherwise inconvenience public use of the ROW as determined
by the Township. In addition:
| |||||||||||||
[a]
|
Ground-mounted related equipment, walls, or landscaping
shall not be located within 18 inches of the face of the curb.
| |||||||||||||
[b]
|
Ground-mounted equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
| |||||||||||||
[c]
|
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
| |||||||||||||
[d]
|
Any graffiti on the tower or on any related equipment
shall be removed at the sole expense of the owner.
| |||||||||||||
[7]
|
Within 60 days following written notice from the Township,
or such longer period as the Township determines is reasonably necessary
or such shorter period in the case of an emergency, the owner of the
tower in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any facility when
the Township, consistent with its police powers and applicable Public
Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
| |||||||||||||
[a]
|
The construction, repair, maintenance or installation
of any Township or other public improvement in the ROW;
| |||||||||||||
[b]
|
The operations of the Township or other governmental
entity in the right-of-way;
| |||||||||||||
[c]
|
Vacation of a street or road or the release of a utility
easement; or
| |||||||||||||
[d]
|
An emergency as determined by the Township.
| |||||||||||||
[8]
|
In addition to permit fees as described in this section,
every tower in the ROW is subject to the Township's right to fix annually
a fair and reasonable fee to be paid for use and occupancy of the
ROW. Such compensation for ROW use shall be directly related to the
Township's actual ROW management costs including, but not limited
to, the costs of the administration and performance of all reviewing,
inspecting, permitting, supervising and other ROW management activities
by the Township. The owner of each tower shall pay an annual fee to
the Township to compensate the Township for the Township's costs incurred
in connection with the activities described above.
| |||||||||||||
[9]
|
Time, place and manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all towers in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
| |||||||||||||
(c)
|
Antennae when combined with another use on an existing
structure. Antennae that are not mounted on a cellular communications
tower may be combined with an existing use on an existing structure
as a special exception upon satisfaction of the following conditions:
| |||||||||||||
[1]
|
Antennae when combined with another use on an existing
structure shall comply with the same regulations that apply to towers
as are set forth in § 185-16(47A)(a)[1], [2], [3], [4],
[5], [6], [7], [10], [11], [14], [15], [16], [17], [18] and [19] of
this chapter.
| |||||||||||||
[2]
|
Antennae may be added to nonresidential buildings but
shall not be permitted on single-family detached residences, single-family
attached residences, or any residential accessory structure. Antennae
may be located on utility poles, traffic lights and water towers but
shall be prohibited in billboards.
| |||||||||||||
[3]
|
Antennae inside the right-of-way (ROW) shall be located
on existing infrastructure, such as existing utility poles, light
poles or traffic signal poles. If co-location is not technologically
or economically feasible, the applicant, with the Township's approval,
may locate its antenna on existing freestanding structures, with the
exception of billboards, that do not already act as support structures.
Antennae inside the ROW shall not extend the height of the support
structure by more than six feet, but in no case shall the support
structure and antennae combined exceed 35 feet in height. Applicant
must submit sealed plans and documentation to the Township establishing
the total height of the antenna.
| |||||||||||||
[4]
|
For antennae outside the right-of-way, the total height
of any support structure and mounted antenna on an existing structure
shall not exceed six feet above the maximum height permitted for the
existing structure in the underlying zoning district.
| |||||||||||||
[5]
|
Elevations of existing and proposed buildings and structures
showing width, depth, and height, use, statistical and dimensional
data on the antenna and existing support structure shall be presented
at time of application.
| |||||||||||||
[6]
|
Stealth technology and design shall be used for all
antennae. The applicant shall demonstrate that the proposed antennae
employ the most current stealth technology available in an effort
to appropriately blend into the surrounding environment and minimize
aesthetic impact. Application of the stealth technology chosen by
the applicant shall be subject to the approval of the Township photo
simulations showing the view of the building or structure, before
and after the proposed installation and from the north, south, east
and west directions, shall be provided with the application.
| |||||||||||||
[7]
|
The vehicular access to the building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
| |||||||||||||
[8]
|
An applicant shall locate the telecommunications equipment
in an existing structure if technically feasible. If the applicant
demonstrates that it cannot, the telecommunications equipment may
be located in a separate building if the building complies with the
following requirements:
| |||||||||||||
[a]
|
The building shall comply with the minimum setback
requirements for the subject zoning district.
| |||||||||||||
[b]
|
A security fence eight feet in height shall completely
surround the telecommunications equipment and equipment building in
all nonresidential zoning districts, and a security fence six feet
in height shall completely surround the telecommunications equipment
and equipment building in all residential zoning districts.
| |||||||||||||
[c]
|
Buffer plantings shall be located around the perimeter
of the telecommunications equipment and equipment buildings:
| |||||||||||||
[i]
|
An evergreen screen shall be planted that consists
of a row of evergreen trees, with a minimum height of six feet at
time of planting, and shall be planted six feet on center, in a staggered
arrangement, in order to provide an immediate screening effect.
| |||||||||||||
[ii]
|
Existing vegetation (trees and shrubs) shall be preserved
to the maximum extent possible.
| |||||||||||||
[d]
|
Vehicular access to the building shall not interfere
with the parking or vehicular circulation on the site for the principal
use.
| |||||||||||||
[9]
|
No antenna may be located upon any property, or on
a building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or is listed on the official historic
structures and/or historic districts list maintained by the Township.
| |||||||||||||
[10]
|
The removal and replacement of an antenna and/or accessory
equipment for the purpose of upgrading or repairing the antenna is
permitted, so long as such repair or upgrade does not substantially
change the wireless support structure, or the number of antennae.
| |||||||||||||
[11]
|
Antenna in the ROW shall otherwise comply with the
regulations set forth in § 185-16(47A)(b) of this chapter
that are not specifically addressed in this § 185-16(47A)(c).
| |||||||||||||
TELECOMMUNICATIONS
| ||||||||||||||
(47B)
|
Antennae permitted by WCBA:
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
Antennae that fall under the Pennsylvania Wireless
Broadband Co-location Act (WBCA)[4] shall be permitted by right in all zoning districts in
the Township. The following regulations apply to such applications:
| ||||||||||||||
[a]
|
The Township shall require no more than a building
permit from the applicant.
| |||||||||||||
[b]
|
Within 30 calendar days of the date that an application
for an antenna is filed with the Township, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. Within 60 calendar days of receipt of a
complete application, the Township shall make its final decision on
whether to approve the application and shall advise the applicant
in writing of such decision.
| |||||||||||||
[c]
|
The permit and/or application fees assessed by the
Township shall not exceed the limits established in the WBCA.
| |||||||||||||
(48)
|
Supply utilities including water supply
works and storage and electric substations plus necessary rights-of-way
and transmission lines, provided:
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |||||
(a)
|
Except in RS and CC Districts, no public
business office shall be operated in connection with such use.
| |||||||||||||
(b)
|
In no district shall any storage yard
or storage building be operated in connection with such use unless
such storage facility is essential to service customers in the district
in which it is located.
| |||||||||||||
(c)
|
All transmission lines shall be underground.
| |||||||||||||
(d)
|
A seventy-five-foot buffer yard shall
be provided along all property lines.
| |||||||||||||
(49)
|
Sanitary utilities including sewerage
works, sewage pumping station, plus associated collection lines and
rights-of-way, provided such facilities are intended to serve primarily
the residents of Upper Southampton Township, but not including refuse
dumps, incinerators or sanitary landfills.
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
(50)
|
Fire station
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
INDUSTRIAL USES
| ||||||||||||||
(51)
|
Wholesale business and storage, provided:
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
P
| |||||
(a)
|
In RS and CC Districts such uses shall
be restricted to offices only.
| |||||||||||||
(b)
|
In LI Districts the storage provisions
of Use 52 are met.
| |||||||||||||
(c)
|
In CI Districts, no outdoor storage
is permitted.
| |||||||||||||
(52)
|
Warehousing, not including outdoor
storage in CI Districts, and in LI Districts only when the provisions
of Use 60 are met.
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
P
| |||||
(53)
|
Manufacturing, including the production,
processing, cleaning, printing, testing and distribution of materials,
goods, foodstuffs and other products, provided in CI Districts such
manufacturing shall be limited to the manufacturing, processing, or
assembling of electronic instruments and devices, radios and phonographs,
medical and surgical instruments, optical products, pharmaceuticals,
toiletries, jewelry, mechanical instruments and other similar small
parts and products.
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
P
| |||||
(53A)
|
Medical marijuana grower/processor
|
N
|
N
|
N
|
N
|
N
|
N
|
S
|
N
| |||||
Medical marijuana grower/processor is permitted as
a special exception if such use meets the following conditions and
criteria:
| ||||||||||||||
(a)
|
The operation of growing and processing of medical
marijuana shall be in full compliance with federal, state and local
laws including but not limited to the Medical Marijuana Act. A medical
marijuana grower/processor shall obtain all required zoning and building
permits from the Township and submit an approved permit for the operation
of a medical marijuana grower/processor that is issued by the Commonwealth
of Pennsylvania.
| |||||||||||||
(b)
|
A medical marijuana grower/processor must operate entirely
within an indoor, enclosed and secure facility.
| |||||||||||||
(c)
|
A medical marijuana grower/processor must be located
on a lot containing not less than two acres.
| |||||||||||||
(d)
|
A medical marijuana grower/processor shall not be operated
or maintained on a parcel within 1,000 feet, measured by a straight
line in all directions, without regard to intervening structures or
objects, from the nearest point on the property line of a parcel containing
a public, private or parochial school or a day-care center.
| |||||||||||||
(e)
|
There shall be no emission of dust, fumes, vapors or
odors which can be seen, smelled, or otherwise perceived from beyond
the walls of the building(s) where the medical marijuana grower/processor
is operating.
| |||||||||||||
(f)
|
No use of medical marijuana shall be permitted on the
premises of a medical marijuana grower/processor unless related to
the growing process such as quality control.
| |||||||||||||
(g)
|
A medical marijuana grower/processor shall submit a
security plan as required by the Medical Marijuana Act. The medical
marijuana grower/processor shall demonstrate how it will maintain
effective security and control. The security plan shall specify the
type and manner of twenty-four-hour security, tracking, recordkeeping,
record retention, and surveillance system to be utilized in the facility
as required by Section 1102 of the Medical Marijuana Act and as supplemented
by regulations promulgated by the Department of Health pursuant to
the Medical Marijuana Act.
| |||||||||||||
(54)
|
Laboratory for research, testing or
experimentation
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
P
| |||||
(55)
|
Contractors' offices with storage,
including building, cement, electrical, heating, plumbing, masonry,
painting and roofing contractors, provided the storage provisions
of Use 60 are met.
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
N
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
ACCESSORY USES
| ||||||||||||||
(56)
|
No-impact home-based business. A business
or commercial activity administered or conducted as an accessory use
which is clearly secondary to the use as a residential dwelling and
which involves no customer, client or patient traffic, whether vehicular
or pedestrian, pickup, delivery or removal functions to or from the
premises, in excess of those normally associated with residential
use. The business or commercial activity administered or conducted
as an accessory use must satisfy the following requirements:
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||||
(a)
|
The business activity shall be compatible
with the residential use of the property and surrounding residential
uses.
| |||||||||||||
(b)
|
The business shall employ no employees
other than family members residing in the dwelling.
| |||||||||||||
(c)
|
There shall be no display or sale of
retail goods and no stockpiling or inventory of a substantial nature.
| |||||||||||||
(d)
|
There shall be no outside appearance
of a business use, including, but not limited to, parking, signs or
lights.
| |||||||||||||
(e)
|
The business activity may not use any
equipment or process which creates noise, vibration, glare, fumes,
odors or electrical or electronic interference, including interference
with radio or television reception, which is detectable in the neighborhood.
| |||||||||||||
(f)
|
The business activity may not generate
any solid waste or sewage discharge in volume or type which is not
normally associated with residential use in the neighborhood.
| |||||||||||||
(g)
|
The business activity shall be conducted
only within the dwelling and may not occupy more than 25% of the habitable
floor area.
| |||||||||||||
(h)
|
The business nay not involve any illegal
activity.
| |||||||||||||
(i)
|
The right to operate a no-impact home-based
business shall not supersede any deed restriction, covenant or agreement
restricting the use of land, nor any master deed, bylaw or other document
applicable to a common interest ownership community.
| |||||||||||||
(57)
|
Residential accessory building or structure
or use, including but not limited to:
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||||
(a)
|
Parking spaces.
| |||||||||||||
[1]
|
Parking spaces for the parking of passenger
automobiles.
| |||||||||||||
[2]
|
Parking spaces for the parking of commercial
vehicles, provided that all of the following conditions are met:
| |||||||||||||
[a]
|
Only one commercial vehicle is permitted
per property; and
| |||||||||||||
[b]
|
The commercial vehicle does not exceed
a registered permitted gross vehicle weight of 10,000 pounds; and
| |||||||||||||
[c]
|
The commercial vehicle is needed for
travel to and from work by one of the residents living in the principal
building; and
| |||||||||||||
[d]
|
The commercial vehicle is not loaded
with materials, supplies or equipment that are visible to the public;
and
| |||||||||||||
[e]
|
The commercial vehicle must be parked
on a macadam or concrete driveway.
| |||||||||||||
[3]
|
Parking of trailers used for business
purposes is prohibited. A "trailer" is defined as a licensed vehicle
without power, designed to carry property and to be drawn by a motor
vehicle.
| |||||||||||||
(b)
|
Structures such as fences, walls, private
swimming pools, and greenhouses.
| |||||||||||||
(c)
|
Buildings such as storage sheds, bath
houses and private greenhouses.
| |||||||||||||
(d)
|
Professional offices shall not be considered
home occupations except under the following conditions:
| |||||||||||||
[1]
|
No clients shall be received on a regular
basis.
| |||||||||||||
[2]
|
No signs or advertising on the premises.
| |||||||||||||
[3]
|
No structural alterations made to the
premises to accommodate the professional office.
| |||||||||||||
(57A)
|
Residential accessory building or structure
for use as personal care units:
|
P
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |||||
Where a multiple-family dwelling or
dwellings have been legally constructed under the terms of this chapter
or prior ordinances, a building or buildings may be authorized on
the same tract as an accessory building, structure or use containing
personal care units, provided that the occupants thereof shall be
limited to persons who are or formerly were residents of the multifamily
dwelling or dwellings, provided:
| ||||||||||||||
(a)
|
Any building or structure shall not
exceed two stories in height.
| |||||||||||||
(b)
|
Any building or structure shall be
set back not less than 100 feet from all public roads.
| |||||||||||||
(c)
|
The minimum open space ratio and maximum impervious surface ratio of the tract shall not thereby exceed those set forth in § 185-22, Table of Performance Standards, for multifamily dwellings in the R-6 District.
| |||||||||||||
(d)
|
The density shall not exceed one personal
care unit per 17 apartment units on the tract.
| |||||||||||||
(e)
|
If appropriate, the Board of Supervisors
may require additional landscaping to buffer the proposed use from
the roads and adjacent properties.
| |||||||||||||
(f)
|
The building orientation shall be as
set forth in Use 12, multifamily dwelling, Subsection (d), for the
R-6 District.
| |||||||||||||
(57B)
|
Earth station for satellite communication:
A structure defined for purposes of this chapter as a parabolic ground
based or mountable reflector, together with its ped- estal and any
other attachments and parts thereof, commonly referred to as a dish
antenna, used or intended to receive radio or electromagnetic waves
from an overhead satellite shall be permitted subject to the following
regulations. This use shall in no event be construed to permit as
an accessory use or structure, an earth station for satellite communication
used or intend to be used for the prop- agation or transmission of
radio electromagnetic waves, such uses being regulating above pursuant
to Use 47, community facility. Earth stations shall be permitted and
may be erected, provided that:
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
(a)
|
There is strict compliance with all dimensional requirements set forth in Article V of this chapter except as otherwise provided for herein. No earth stations shall be permitted in any front or side yard area.
| |||||||||||||
(b)
|
No more than one earth station shall
be permitted on any lot.
| |||||||||||||
(c)
|
The diameter or longest straight-line
distance between any two points on the perimeter of any earth station
shall not exceed nine feet.
| |||||||||||||
(d)
|
The total dimensional height of any
earth station including base and mounting structure shall not exceed
10 feet.
| |||||||||||||
(e)
|
When roof-mounted, the earth station shall be not mounted upon chimneys and shall be subject specifically to the provisions of Article V, § 185-42 of this chapter, provided that nothing therein contained shall be construed to increase the dimensional restrictions set forth in Subsections (c) and (d) above.
| |||||||||||||
(f)
|
When mounted other than upon a roof,
including the ground, the earth station shall be visually screened,
the design of which shall be subject to the approval of the Zoning
Officer.
| |||||||||||||
(g)
|
There shall be strict compliance with
the Upper Southampton Township Building Code and all other applicable
laws, statutes, and regulations of the United States, Commonwealth
of Pennsylvania, County of Bucks and the Township of Upper Southampton.
| |||||||||||||
(h)
| ||||||||||||||
(58)
|
Accessory uses clearly incidental to,
and customary to and commonly associated with, the principal uses
permitted in LI and CI Districts:
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
P
| |||||
(a)
|
Retail uses incidental to and in support
of any permitted principal uses such as cafeterias, soda or dairy
bars, and shops on the same tract as the principal use. Any such use
shall be conducted solely for the convenience of employees, shall
be wholly within the building containing the principal uses; and shall
have no exterior advertising display.
| |||||||||||||
(b)
|
Distribution and storage activities
not involving a retail activity on the premises and enclosed within
a building.
| |||||||||||||
(c)
|
Recreational facilities solely for
the use of employees and their families.
| |||||||||||||
(59)
|
Accessory buildings or structures,
or uses customarily incidental to the uses permitted in RS, CC, CI
and LI Districts with the exception of outdoor storage:
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
P
| |||||
(a)
|
Such accessory uses are provided in
conjunction with a permitted primary use.
| |||||||||||||
(b)
|
Any accessory use to a use permitted
only by special exception shall be established only if and as provided
in such special exception.
| |||||||||||||
(60)
|
Outside storage or display. Outside
storage or display, other than storage as a primary use of the land,
necessary but incidental to the normal operation of a primary use;
subject to the following additional provisions:
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
P
| |||||
(a)
|
No part of the street right- of-way,
no sidewalks or other areas intended or designed for pedestrian use,
no required parking areas, and no part of the required front yard
shall be occupied by outside storage or display.
| |||||||||||||
(b)
|
Outside storage and display areas shall
occupy an area of less than 1/2 the existing building coverage.
| |||||||||||||
(c)
|
Outside storage and display areas shall
be shielded from view from the public streets or adjacent residential
districts.
| |||||||||||||
Uses requiring more substantial amounts
of land area for storage or display may be exempt from the provision
of Subsections (b) and (c) above when granted as a variance by the
Zoning Hearing Board. Such uses shall be subject to the following
additional provisions:
| ||||||||||||||
(d)
|
No more than 25% of the lot area shall
be used in outdoor storage or display.
| |||||||||||||
(e)
|
In particular, uses appropriate for
consideration under this provision include but are not limited to
greenhouses (Use 4). Among the uses that shall not be considered appropriate
for inclusion under this provision are retail shops and stores (Use
30), repair shops for appliances (Use 32), gasoline service stations
(Use 38), sale of automotive accessories (Use 39), Wholesale business
(Use 51), warehousing (Use 52), manufacturing (Use 53), and contractor
offices and shops (Use 55).
| |||||||||||||
(61)
|
Temporary structure or use for construction
purposes. A temporary permit may be issued for structures or uses
necessary during construc- tion subject to the following additional
provisions:
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
(a)
|
The life of such permit shall not exceed
six months. It may thereafter be renewed for three- month periods
until completion of construction.
| |||||||||||||
(b)
|
Temporary use shall be only for those
purposes authorized by the Zoning Officer.
| |||||||||||||
(c)
|
Such structure or use shall be removed
completely upon expiration of the permit without cost to the Township.
| |||||||||||||
(62)
|
Drive-in stand not exceeding 400 square
feet of gross floor area for the sale of farm, nursery, or greenhouse
products produced on the premises where offered for sale, provided:
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||||
(a)
|
The stand shall not be nearer than
50 feet to any intersec- tion.
| |||||||||||||
(b)
|
The stand shall be of temporary construction
but shall be maintained in good condition.
| |||||||||||||
(63)
|
Travel trailers and recreational vehicles,
storage of, subject to the following provisions:
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |||||
(a)
|
In all districts no more than one travel
trailer or one recreational vehicle shall be stored on a lot.
| |||||||||||||
(b)
|
Such travel trailers shall be owned
by the occupant of the lot upon which the travel trailer is stored.
| |||||||||||||
(c)
|
Such travel trailers must be unoccupied.
| |||||||||||||
(d)
|
The provisions of outside storage included
in Use 60 must be complied with.
| |||||||||||||
(e)
|
Subsections (a) and (b) above shall
not apply to the storage of trailers as a permitted principal use.
| |||||||||||||
(63A)
|
Commercial trailer, storage use, subject
to the following provisions:
|
N
|
N
|
N
|
N
|
P
|
P
|
P
|
P
| |||||
(a)
|
A permit may be issued by the Board
of Supervisors for use of a commercial trailer for storage purposes
subject to the following provisions:
| |||||||||||||
[1]
|
The life of such a permit shall not
exceed three months, renewable at three- month intervals from date
of expiration of permit.
| |||||||||||||
[2]
|
Trailer to be parked in such a manner
so that no other provisions of this chapter or any other Township
ordinance will be violated.
| |||||||||||||
[3]
|
For purposes of interpreta- tion, commercial
trailers are to be considered "structures."
| |||||||||||||
[4]
|
The provisions of outside storage included
in Use 60 must be complied with.
| |||||||||||||
N
|
N
|
N
|
N
|
N
|
N
|
S
|
N
| |||||||
Use (64). Unspecified use. Any use not otherwise specifically named or established in § 185-16 of this chapter.
|
Acetone
| |
Ammonia
| |
Benzene
| |
Calcium carbide
| |
Carbon disulfide
| |
Celluloid
| |
Chlorine
| |
Hydrochloric acid
| |
Hydrocyanic acid
| |
Magnesium
| |
Nitric acid and oxides of nitrogen
| |
Pesticides (including insecticides, fungicides, and rodenticides)
| |
Petroleum products (gasoline, fuel oil, etc.)
| |
Phosphorus
| |
Potassium
| |
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
Sodium
| |
Sulfur and sulfur products
|
Natural Resource
|
Maximum Permissible Encroachment Coverage
| ||
---|---|---|---|
Streams, rivers, watercourses lakes, ponds,
flood hazard area floodplain soils
|
0%
| ||
Very steep slopes with gradients exceeding 25%
|
15%
| ||
Steep slopes with gradients of:
| |||
15% to 25%
|
30%
| ||
8% to 15%
|
40%
| ||
Wetlands
|
0%
|
Exception: Areas of steep and very steep slopes
that are less than 1,000 square feet shall be exempted from these
standards. The calculation of permissible encroachment shall be based
on the combined area of all remaining steep slopes of a slope gradient
category and not as a percentage of the individual areas.
|
B.1.
|
Permitted disturbances of woodlands.
[Added 8-19-2003 by Ord. No. 358] | ||
(1)
|
Woodlands: In all zoning districts, the following
standards shall apply to woodlands:
| ||
(a)
|
Woodlands in environmentally sensitive areas.
No more than 20% of woodlands located in environmentally sensitive
areas shall be altered, regraded, cleared or built upon. Environmentally
sensitive areas shall include but not be limited to floodplains, floodplain
soils, steep slopes, wetlands, wetland margins, riparian areas, lake
or pond shorelines and endangered specie habitats.
| ||
(b)
|
Other woodlands areas. No more than 50% of woodlands
which are not located in environmentally sensitive areas (as defined
in Subsection B.1(1)(a) above) shall be altered, regraded, cleared
or built upon.
|
Alluvial land
|
Hatboro silt loam
| |
Alton gravelly loam flooded
|
Marsh
| |
Pope loam
| ||
Bowmansville silt loam
|
Rowland silt loam
|
Bowmansville silt loam
| |
Doylestown silt loam
| |
Fallsington silt loam
| |
Hatboro silt loam
| |
Towhee silt loam
| |
Towhee extremely stony silt loam
|