[Ord. No. 321,
passed 12-10-1998]
Except as provided by law or in this Zoning Code, in each district no building, structure or land shall be used or occupied except for the purposes permitted in Section 1256.04 and for the zoning districts so indicated.
[Ord. No. 321,
passed 12-10-1998]
A.
A use listed under Table A, Permitted Uses,[1] is permitted by right in any district denoted by the letter "P", subject to all applicable requirements of this Zoning Code and after a zoning permit has been issued in accordance with Section 1250.05.
[1]
Editor's Note: Former Section 4.02, Tax Collector, was removed
pursuant to Ord. No. 478, adopted 2-14-2013, which ordinance abolished
the Office of Tax Collector, effective 1-1-2014. Ordinance No. 478
also provided that the Township Manager and/or his duly appointed
agents are empowered to collect and disburse all taxes due the Township
in a manner provided by law and as directed by the Township Council.
B.
A use listed under Table A, Permitted Uses, is permitted as a Special Exception in any district denoted by the letter "S", provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the zoning officer, subject to the requirements of Section 1282.06 and such further restrictions that said Board may establish.
C.
A use listed under Table A, "Permitted Uses", is permitted as a Conditional Use in any district denoted by the letter "C", provided the Township Council, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in Section 1280.03 and such further conditions that the Council may impose to insure the protection of adjacent uses, or the health, safety, or general welfare.
D.
A use listed under Table A, "Permitted Uses", is not permitted in
any district denoted by the letter "N".
[Ord. No. 321,
passed 12-10-1998; Ord. No. 435, passed 5-8-2008]
Whenever, in any district established under this chapter, a
use is neither specifically permitted or denied and an application
is made by a property owner to the Zoning Officer for such use, the
Zoning Officer shall refer the application to Council, which shall
have the authority to assign the proposed use to a similar use classification.
The use may be permitted only if it is compatible with permitted uses
in the district and is in no way in conflict with the general purpose
and intent of this Zoning Code.
[Ord. No. 321,
passed 12-10-1998; Ord. No. 332, passed 5-11-2000; Ord. No. 355, passed 12-12-2001]
A.
Agricultural uses.
A1.
Agriculture/General Farming. General farming, including the raising
of livestock, horses, or chickens, and buildings associated with this
use (barn, silo, etc.), provided:
a.
Any building or structure used for the keeping or raising of
bees, livestock, horses, or poultry shall be situated not less than
100 feet from any street line or property line.
b.
Silos shall be situated not less than 1.25 times the height
of the silo from any street line or property line.
c.
Detached dwelling units and accessory buildings other than those
noted in a and b, above, are permitted and shall meet the yard and
setback requirements for Use B1 Single Household Detached Dwelling
for the applicable zoning district. For each dwelling unit, there
shall be a site area equal to five acres plus the minimum lot size
required for a detached dwelling unit in the applicable zoning district.
A2.
Agriculture, intensive. Greenhouses; mushroom houses; feedlots; confinement
livestock or poultry operations taking place in structures or closed
pens, provided:
a.
No area for the storage or processing of manure, garbage, or
spent mushroom compost or structures for the cultivation of mushrooms
shall be situated less than 200 feet from any street or property line.
b.
Dwellings and accessory buildings other than those noted under
a, above, shall be permitted in accordance with the regulations for
General Farming, Use A1.
c.
Feedlots, pens and confinement areas shall not be situated less
than 30 feet from any stream or swale and shall not be located within
the one-hundred-year floodplain.
A4.
Kennels. A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained, or sold, all
for a fee or compensation, provided:
a.
The total number of dogs on the property shall not exceed five
dogs per acre, excluding dogs under six months of age.
b.
No animal shelter or run shall be located closer than 200 feet
from any lot line.
c.
Dwellings and accessory buildings other than b, above, shall
be permitted in accordance with the regulations for General Farming,
Use A1.
d.
Animal waste shall be collected daily and shall be kept in closed
rat-proof and fly-tight containers or receptacles. No area for the
storage, processing or spraying of animal waste shall be situated
less than 200 feet from any street or property line.
A5.
Riding academy. An establishment where horses are boarded and cared
for and where instruction in riding, jumping, and showing is offered
and where horses may be hired for riding, provided:
a.
The maximum number of horses that may be maintained on the premises
shall be one horse for each acre of site area.
b.
Any exercise area, horse barn, corral, fenced-in area or stable
shall be situated not less than 100 feet from any street line or property
line.
c.
Dwellings and accessory buildings other than b, above, shall
be permitted in accordance with the regulations for General Farming,
Use A1.
B.
Residential uses.
B1.
Single-household detached dwelling. A building containing one dwelling
unit that is not attached to any other dwelling by any means and is
surrounded by open space or yards.
B2.
Cluster, residential. Detached single-family dwelling units on individual
lots with private yards on all sides of the house, which are clustered
to preserve common open space, provided:
a.
Any residential cluster development shall be served by public water and public sewer facilities or by a centralized community water supply system and/or sewage disposal system, as defined in Section 1220.08(b) of this Planning and Zoning Code.
B3.
Single-household semidetached dwelling (twin). A one-household dwelling
attached to one other one-household dwelling by a common vertical
wall, with each dwelling located on a separate lot.
B4.
Two-household detached (duplex). A building on a single lot containing
two dwelling units, each of which is totally separated from the other
by an unpierced ceiling and floor extending from exterior wall to
exterior wall, except for a common stairwell exterior to both dwelling
units.
B5.
Single-household attached (townhouse). A one-household dwelling in
a row of at least three such units in which each unit has its own
front and rear access to the outside, no unit is located over another
unit, and each unit is separated from another unit by one or more
vertical common fire-resistant walls, provided:
a.
No building in any townhouse development shall be situated closer
than 50 feet to the boundary line of any other district zoning classification.
b.
Any townhouse development shall be served by public water and public sewer facilities or by a centralized community water supply system and/or sewage disposal system, as defined in Section 1220.08(b) of this Planning and Zoning Code.
c.
The design and maintenance of open space shall conform to the provisions of Section 1230.28 of this Planning and Zoning Code of Upper Providence Township.
d.
Parking stalls or spaces shall be arranged so that not more
than 20 spaces adjoin each other, and each such group shall be separated
by a five-foot wide planting area.
B6.
Multi-household dwelling/apartment. A detached residential building
containing three or more dwelling units, including what is commonly
known as an apartment building, but not including group, row, or townhouses,
provided:
a.
No building shall be erected less than 75 feet from a street
right-of-way line or from a side or rear property line, and no parking,
loading or service area shall be located less than 15 feet from a
street right-of-way or other property line.
b.
Any multi-household development shall be served by public water and public sewer facilities or by a centralized community water supply system and/or sewage disposal system, as defined in Section 1220.08(b) of this Planning and Zoning Code.
c.
The design and maintenance of open space shall conform to the provisions of Section 1230.28 of this Planning and Zoning Code of Upper Providence Township.
d.
Parking stalls or spaces shall be arranged so that not more
than 20 spaces adjoin each other, and each such group shall be separated
by a five-foot wide planting area.
e.
Adequate access to major streets and highways must be provided.
f.
The distance at the closest point between any two buildings
or group of attached buildings, including accessory buildings, shall
be at least as great as the average height of the two adjoining buildings,
but not less than 30 feet.
B7.
Mobile/manufactured home park. A parcel of land under single ownership which has been planned and improved for the placement of mobile/manufactured homes for nontransient use and consists of two or more mobile/manufactured home lots, provided that the provisions of Chapter 1232 of this Planning and Zoning Code, "Mobile Home Parks," shall be met.
B8.
Planned residential development (PRD). An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Planning and Zoning Code; provided that the provisions of Chapter 1272 (Planned Residential Overlay District) shall be met.
B9.
Group home. A dwelling, appropriately and currently licensed by the
Commonwealth of Pennsylvania, shared by not more than eight persons
who are disabled (as defined by the Fair Housing Amendments Act of
1988), including resident staff, and who live together as a single
housekeeping unit and in a long-term, family-like environment. A Rooming
or Boarding House (Use B10) is not a Group Home.
B10.
Rooming or boarding house. A dwelling used for the housing of
roomers, boarders or lodgers with or without common eating facilities,
including dormitories, fraternity or sorority houses or other buildings
of charitable, educational or philanthropic use; provided:
B11.
Guest house/bed & breakfast. An existing, owner-occupied
detached dwelling in which transient guests are provided with overnight
accommodations and a morning meal for compensation, provided:
a.
No more than six rental units shall be provided and no more
than four persons may occupy one rental unit.
b.
At least one full bathroom separate from the resident family's
bathroom shall be provided for each three guest rooms.
c.
No external alterations or changes to the exterior structure
shall be permitted except as required by the Pennsylvania Department
of Labor and Industry or for safety reasons as required by any other
governmental agency. Additional entrances may be placed on the side
or rear of the structure. Exterior stairways and fire escapes shall
be located on the rear wall in preference to either side wall and
in no case on a front or side wall facing a street.
d.
The use shall be carried on by members of a family, who must
reside on the primary premises, and a maximum of two nonresident employees.
e.
There shall be no separate cooking facilities in any guest room.
A morning meal may be served only to guests who are staying overnight.
f.
Any on-site sewage disposal system shall be reevaluated as being
adequate, in accordance with local and state regulations, prior to
the issuance of a zoning permit.
g.
The maximum, uninterrupted length of stay shall be 14 days.
B12.
Life care facility. A facility for the transitional residency
of elderly and/or disabled persons, progressing from independent living
in single-family units to congregate apartment living where residents
share common meals and culminating in a full health and continuing
care nursing home facility; provided:
a.
Support facilities shall be limited to the following:
1.
Limited retail facilities, e.g., barber shop, beauty parlor,
commissary, gift shop, newsstand, optician, pharmacy, snack bar/coffee
shop, thrift shop, and other similar uses. Such facilities shall be
for use of residents and their guests only. There shall be no separate
outside entrances to any of the permitted service facilities, and
no outside advertising is permitted;
2.
Licensed skilled nursing facility, with associated medical and
administrative offices;
3.
Other support facilities for residents only, e.g., lounge areas,
reading rooms, craft rooms, common dining facilities, recreational
rooms, places of worship, and, medical examination and treatment facilities.
b.
At least 20% of the site, not including land subject to flooding
or on slopes in excess of 5%, shall be developed for passive recreation.
This area may be considered part of the minimum required open space
and shall include outdoor sitting areas and pedestrian walks.
c.
All rooms in the life care facility shall be provided with sprinkler
systems for fire protection and shall contain and be served by wet
charged stand pipes to the top floor.
d.
Due to the dependence of the elderly on alternate means of transportation
and the need for acquiring access to primary services, a life care
facility's proximity to the following services shall be considered
by the Township in considering conditional use approval:
|
Post office
| |
|
Barbershop
| |
|
Drugstore
| |
|
Place of worship
| |
|
Regional shopping center
| |
|
Public transportation
| |
|
Grocery store
| |
|
Movie theater
| |
|
Dry cleaner
| |
|
Bank
| |
|
Restaurant
| |
|
Library
| |
|
Beauty parlor
|
|
As an alternative to be considered, the developer of a life
care facility may submit a plan outlining a transportation service
for the residents of the life care facility, providing access to these
services at reasonable intervals.
|
C.
Institutional uses.
C1.
School - (See also C2 and E6). An institutional facility that provides
a curriculum of academic instruction, including kindergartens, elementary
schools, middle schools, junior and senior highs, colleges, and universities;
provided:
C2.
Day care center (child or adult)/nursery school. An institutional
facility in which out-of-home day care is provided to seven or more
children or four or more elderly, including educational programs that
are supplementary to State-required education (i.e., a "nursery school"),
provided:
a.
A license from the Pennsylvania Department of Public Welfare
and/or Department of Aging shall be required as appropriate.
b.
An outdoor recreation area shall be provided with a minimum
area of 200 square feet for each child and 100 square feet for each
elderly person. This outdoor recreation area shall be located to the
side or the rear of the lot; shall not include any parking areas;
shall be fully enclosed by a four-foot high fence; and shall be sufficiently
screened and insulated so as to protect the neighborhood from inappropriate
noise and other disturbance.
c.
Sufficient facilities for passenger loading and unloading shall
be provided.
C3.
Place of worship. An institutional facility used for worship or religious
instruction, including social and administrative rooms accessory thereto.
(Use C6, Cemetery, is permitted as an accessory use to this principal
use.)
C4.
Library or museum. An institutional facility used as a repository
for works and materials of literary, artistic, historical, and/or
scientific value.
C5.
Municipal/governmental facility. A building used in connection with
municipal and/or governmental functions, services, and/or administration,
excluding Uses H1-H5.
C6.
Cemetery/mausoleum. Land or buildings used for the burial of deceased
humans, provided:
a.
No burial plots, structures or parking areas shall be located
within the one-hundred-year floodplain.
b.
No outside storage shall be permitted.
c.
All structures open to the public shall be supplied with water
and sewer, and all utilities shall be placed underground.
d.
An appropriate plan to ensure perpetual maintenance is a condition
of approval.
C7.
Community center. An educational, social or recreational center or
other similar facility operated by an educational, philanthropic or
religious institution, provided:
a.
Outdoor recreational areas shall be at least 75 feet from side
and rear property lines.
C8.
Extended care facility. A long-term facility or a distinct part of
a facility licensed or approved as a nursing home, infirmary unit
of a home for the aged, or a governmental medical institution, provided:
a.
At least 20% of the site, not including land subject to flooding
or on slopes in excess of 5%, shall be developed for passive recreation.
This area may be considered part of the minimum required open space
and shall include outdoor sitting areas and pedestrian walks.
C9.
Hospital. An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity, and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities, such as laboratories, outpatient facilities, training
facilities, medical offices, and staff residences, provided:
C10.
Assisted living facility. A senior person residential community
consisting of "Supportive Independent Living" and "Assisted Living"
units, provided:
a.
"Supportive Independent Living" consists of private residential
units and common facilities, providing services such as meals, laundry,
housekeeping, social recreational activities, and transportation,
and associated with an Assisted Living facility.
b.
"Assisted Living" consists of residential units with the common
facilities and services of Supportive Independent Living, plus assistance
with activities of daily living such as eating, dressing, bathing,
ambulating, administering medication and the like to senior persons
requiring such help or aid.
c.
For purposes of this Ordinance, senior persons are persons age
55 or over. No person less than 55 shall be a resident of a Supportive
Independent Living or an Assisted Living residential facility unless
he or she is the spouse of a resident senior person.
d.
Neither Supportive Independent Living nor Assisted Living is
a skilled nursing facility or licensed in-patient medical facility.
D.
Office uses.
D1.
Office. A building for predominantly administrative, professional,
or clerical operations relating to a business, profession, service,
industry, or government.
D2.
Medical office. Office or clinic for medical or dental examination
or treatment of persons as out-patients, including laboratories incidental
thereto.
D3.
Office park. A planned development of office and related uses which
includes improvements for internal streets, coordinated utilities,
landscaping and buffering, provided:
a.
The following area and bulk regulations
shall apply:
(1)
The area upon which a building is located shall have attributed
to it, including the ground upon which the building is constructed,
an area equal to five times the square-foot area occupied by the building.
In no instance, however, shall buildings of the following heights
have less lot area attributed to them than the following: one-story
building, one acre; two-story building, two acres; three- to four-story
building, four acres; five- to six-story building, six acres; seven-story
building, eight acres.
(2)
No building shall have a height in excess of 84 feet measured
from its mean base elevation. In calculating building coverage for
this subsection, measurement shall exclude the area of cartway dedicated
to public use. Mean elevation shall be the average elevation of the
building measured from the elevations of each side of the building
to the roofline.
(3)
The open space required, that is the area upon which no building,
parking or driveway shall be situated, shall be 35% of the lot attributed
to each building.
(4)
Each building constructed or any alteration to an existing building
shall be set back 50 feet from the property line of adjacent property
owners. Each building constructed, and each existing building to which
alterations are made, shall be set back 50 feet from the cartway of
any public street, but in no instance less than 20 feet from the edge
of the right-of-way. The setback requirements herein are not applicable
to underground parking facilities.
b.
Individual uses may be located in detached and attached structures.
c.
All uses within the business park shall take access from an
interior street.
d.
All loading facilities shall be located to the rear or side
of buildings.
e.
Outside storage or display of materials, goods or refuse is
not permitted within an office park.
f.
Interior streets shall have canopy trees in accordance with the Class A buffer requirements of Section 1260.03B.
g.
The applicant shall submit a plan for the overall design and
improvements for the business park and a written description of the
maintenance arrangement for all commonly owned elements.
D4.
Veterinary office/animal hospital. Office of a veterinarian where
animals are given medical or surgical treatment and the boarding of
animals is limited to short-term care. (Does not include Use A4, Kennel.)
E.
Commercial uses.
E1.
Retail stores. Shops and stores selling commodities and goods to
the ultimate consumer. (Does not include Use E3, Convenience Store;
E10, Garden Center; E12, Restaurant; E13, Restaurant; E14, Tavern;
E16, Automotive Accessories; E18, Automotive Sales; or E21, Flea Market.)
E2.
Service business. An establishment primarily engaged in providing
services for individuals, business and government establishments and
other organizations, including but not limited to barber, beautician,
laundry and dry cleaning, tailor, photographer, travel agency, photocopy
center, and optician.
E3.
Convenience store. Any retail establishment offering for sale prepackaged
food products, household items, and other goods commonly associated
with the same and having a gross floor area of less than 5,000 square
feet.
E4.
Financial establishment/bank. An establishment primarily involved
with monetary transactions and services and having regular interactions
with the public. (Drive-in facility shall be regulated as Use E-20.)
E5.
Repair shop. Any business for the repair of appliances, lawn mowers,
watches, shoes, guns, bicycles, locks and small business machines,
but not including automobiles, motorcycles, trucks, trailers, and
other heavy equipment.
E6.
School, commercial. Trade or professional school; art, music or dancing
school. (Does not include Use C1, School or C2, Day Care/Nursery.)
E7.
Funeral home/mortuary. A building used for the preparation of the
deceased for burial and the display of the deceased and rituals connected
therewith before burial or cremation.
E8.
Garden center. The sale of flowers, floral items, shrubs, plants
and trees, as well as accessory items, with or without nursery production
facilities and accessory buildings or structures. (See also Use A3
Nursery.)
E9.
Motel, hotel, and inn. A building or group of buildings containing
rooms for rent for the accommodation of transient guests, chiefly
motorists, with or without accessory restaurant and/or tavern facilities.
E10.
Restaurant, sit-down. An establishment where food and beverages
are prepared, served, and consumed primarily within the principal
building.
E11.
Restaurant, fast-food and other. An establishment where food
and/or beverages are served to customers from a serving counter in
disposable (not reusable by the restaurant) containers or wrappers.
Such food and/or beverage may be consumed within the principal building,
outside at facilities provided, or "carried out" for consumption off
the premises. (If drive-in facility, see Use E20, below.)
E12.
Tavern. An establishment used primarily for the serving of alcoholic
beverages for on-premises consumption by the general public and which
is licensed by the Pennsylvania Liquor Control Board.
E13.
Auto repair/service station. Any building, land area, or other
premises, or portion thereof, used for the retail dispensing or sales
of vehicular fuels; servicing and repair of automobiles (except body
repair and/or painting); and including as an accessory use the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories and/or the sale of groceries and similar convenience-type
products, provided:
a.
Such use shall take access from collector or arterial highways
only.
b.
Fuel pumps are permitted within the front yard area but shall
be at least 25 feet from any street right-of-way line; however, canopies
shall meet the minimum front yard setback requirement for the district.
c.
The sale of convenience-type products shall be limited to a
maximum floor area of 2,000 square feet.
d.
Vehicles awaiting repair and junk vehicles may not be stored
outdoors more than 10 days.
e.
All motor vehicle parts, refuse, and similar articles shall
be stored within a building or enclosed area.
E14.
Automotive accessories. Sale of automotive accessories, parts,
tires, batteries and other supplies, provided:
a.
Installation and storage of parts shall be in an enclosed structure.
E15.
Automotive body repair/paint shop. The use of any building for
structural repair of automobiles, including paint spraying, body and
fender work, provided:
E16.
Automotive sales. The use of any building, land area, or other
premise for the display and sale of new or used automobiles generally
but may include light trucks or vans, trailers, or recreation vehicles
and including any vehicle preparation or repair work conducted as
an accessory use, provided:
E17.
Car wash. Any building or premises or portions thereof used
for washing automobiles, provided:
a.
There shall be adequate stacking area for at least six cars
so that waiting cars do not interfere with traffic flow.
E18.
Drive-in facility. A building or structure, or any portion thereof,
from which business is transacted, or is capable of being transacted,
directly with customers located in a motor vehicle during such business
transactions, provided:
a.
There shall be a vehicle waiting lane area for at least six
vehicles. The waiting lane shall be separated from other circulation
lanes.
E19.
Flea market. An occasional or periodic sales activity held within
a building, structure, or open area where groups of individual sellers
offer goods, new and used, for sale to the public, not to include
private garage sales, provided:
a.
The minimum site area shall be two acres. The maximum site area
shall be 15 acres.
b.
Snack stands and food vendors operating outside an enclosed
building are permitted. Vending machines located outside an enclosed
building shall be prohibited.
c.
Tables and other accessories to the flea market use shall be
stored within a completely enclosed building when the market is not
open or otherwise in operation.
E20.
Parking lot/garage. An off-street, ground-level open area, or
a structure, primarily used or intended to be used for the temporary
storage of automobiles.
E21.
Medical
marijuana dispensary. A person, including a natural person, corporation,
partnership, association, trust or other entity, or any combination
thereof, which is registered with and permitted by the Department
of Health of the Commonwealth of Pennsylvania under the Medical Marijuana
Act to dispense medical marijuana, provided:
[Added 6-8-2023 by Ord.
No. 548]
a.
A medical marijuana dispensary facility shall be owned and operated
in accordance with all applicable laws and regulations, including
the Medical Marijuana Act.
b.
A medical marijuana dispensary facility may not be located within
1,000 feet of the property line of a public, private or parochial
school or day-care center.
c.
A medical marijuana dispensary facility may only dispense medical
marijuana in an indoor, enclosed, permanent, secured facility located
within the commonwealth as determined by the Pennsylvania Department
of Health.
d.
A medical marijuana dispensary facility may not operate on the same
site as a facility used for growing and processing marijuana.
e.
A medical marijuana dispensary facility may not operate without a
permit issued by the Pennsylvania Department of Health under the Medical
Marijuana Act.
f.
Direct or home delivery services shall not be offered.
g.
Consumption of medical marijuana on the premises shall not be permitted.
E22.
Vape shop. Any establishment whose principal product line for
retail sale is electronic nicotine delivery systems (ENDS) devices,
parts, components, or e-liquids. "Principal" means that the ENDS-related
products constitute at least 25% of the establishment's aggregate
retail sales, provided:
[Added 6-8-2023 by Ord.
No. 548]
E23.
Significant tobacco retailers. Any tobacco retailer that either
devotes 20% or more of floor area or display area to, or derives 75%
or more of gross sales receipts from the sale or exchange of tobacco
products and/or tobacco paraphernalia at the subject location, including,
without limitation, smoke shops and hookah lounges.
[Added 6-8-2023 by Ord.
No. 548]
E24.
Unregulated cannabinoid substances retailer. A retailer that
sells, prepares, maintains, or otherwise distributes unregulated cannabinoid
substances including but not limited to Kratom or Delta-8 THC products
or that advertises, represents, or holds itself out as selling, preparing,
maintaining, or otherwise distributing such products, including but
not limited to Kratom or Delta-8 THC products, from a physical location
within Upper Providence Township. It is the specific finding of Upper
Providence Township that such substances may have a dangerous effect
upon anyone using and/or ingesting said substances and that such substances
should not be made available for retail sale to minors.
[Added 6-8-2023 by Ord.
No. 548]
a.
Persons under the age of 21 shall not be permitted to enter
the facility. Businesses shall be responsible for verifying the age
of consumers including checking photo identification.
b.
An unregulated cannabinoid substances retailer may not be located
within 1,000 feet of any school, playground, or day-care facility
within Upper Providence Township. This separation distance shall be
measured from the shortest line between the property line of the retailer
location to the property line of the school, playground or daycare.
c.
It shall be unlawful to offer, sell, give, deliver, distribute,
or otherwise provide an unregulated cannabinoid product, Kratom product
or Delta-8 THC product to any person under the age of 21 years.
d.
Hours of operation shall not extend outside the hours of 7:00
a.m. to 11:00 p.m.
F.
Recreational uses.
F1.
Entertainment facility, indoor. An enclosed building designed and
equipped for the conduct of leisure-time, non-sports activities (e.g.,
a theater, movie theater, billiard hall, or amusement arcade).
F2.
Health/recreational facility, indoor. An enclosed building designed
and equipped for the conduct of sports activities (e.g., skating rink,
bowling alley, gymnasium, health club, and other weather-protected
facilities). (See also Use C7 Community Center.)
F3.
Health/recreational facility, outdoor. An outdoor facility designed
and equipped for the conduct of sports and leisure activities (e.g.,
tennis courts, driving range, swimming pool, ball field, park, etc.)
a.
Outdoor recreational areas shall be at least 75 feet from any
property line or street line, not including bike paths or walking,
jogging, or fitness trails.
G.
Industrial uses.
G1.
Contractor services. Offices and supply shops for contractor services
such as building, cement, electrical, heating, plumbing, masonry,
painting, and roofing, provided:
a.
All materials and vehicles shall be stored within a building
or an enclosed area which is properly screened.
G2.
Equipment storage yards. Rental and storage of construction equipment.
G3.
Flex space. Building space designed for use as either office, light
manufacturing, assembly or warehousing.
G4.
Industrial park. A planned development of industrial and related
uses which includes improvements for internal streets, coordinated
utilities, landscaping and buffering, provided:
a.
The following dimensional requirements shall apply:
|
Minimum site area: 10 acres.
| ||
|
Minimum site width at street lines (external): 250 feet.
| ||
|
Minimum lot or lease area: 1.5 acres.
| ||
|
Minimum lot width at street line (internal): 150 feet.
| ||
|
Minimum building spacing: 50 feet.
| ||
|
Minimum building setbacks (external):
| ||
|
From property lines: 75 feet.
| ||
|
From street line: 75 feet.
| ||
|
Minimum building setbacks (internal):
| ||
|
Front: 50 feet*.
| ||
|
Side: 25 feet.
| ||
|
Rear: 50 feet.
| ||
|
Minimum parking area setbacks:
| ||
|
From building: 20 feet.
| ||
|
From street: 15 feet*.
| ||
|
*
|
The setback shall be measured from the street right-of-way line
for roads offered for dedication and from the curb line or edge of
cartway for non-dedicated streets.
| |
|
Maximum building height: 35 feet.
| ||
|
Maximum impervious surface coverage:
| ||
|
Site: 55%.
| ||
|
Lot: 70%.
| ||
b.
Accessory outside storage of materials, goods or refuse shall
be located to the rear or side of buildings and shall be buffered
either by a six-foot cedar or spruce fence or a hedge row at least
three feet in height planted on three foot centers.
c.
All uses within the business park shall take access from an
interior street.
d.
All parking and loading facilities shall be located to the rear
or side of buildings.
e.
Interior streets shall have canopy trees in accordance with the Class A buffer requirements of Section 1260.03B.
f.
The applicant shall submit a plan for the overall design and
improvements for the business park and a written description of the
maintenance arrangement for all commonly owned elements.
G5.
Lumber yard/millworking. The storage, sale, and/or processing of
wood products.
G6.
Manufacturing. The production, processing, cleaning, testing, and
distribution of materials, goods, foodstuffs, and products.
G7.
Miniwarehouse. A building or group of buildings, in a controlled
access compound, which contains separate storage spaces of varying
sizes leased on an individual basis, provided:
a.
Storage limited to items of personal property generally stored
in residential accessory structures.
b.
No business activities other than the leasing of storage units.
c.
No explosive, radioactive or highly flammable materials.
d.
All storage shall be within enclosed buildings.
e.
The minimum width of interior driveways shall be 20 feet.
G8.
Research laboratory. A building or group of buildings in which are
located facilities for scientific research, investigation, testing,
or experimentation, but not facilities for the manufacture or sale
of products, except as incidental to the main purpose of the laboratory,
provided:
a.
No such use shall be permitted which constitutes a danger to
the community because of combustible or radioactive materials.
G9.
Trades/crafts. Buildings associated with trade or craft activities
that are undertaken primarily on the premises, such as carpentry,
upholstery, cabinet-making, furniture-making, locksmithing, gunsmithing,
and similar trades.
G10.
Truck terminal. An area and building where trucks load and unload
cargo and freight and where the cargo and freight may be broken down
or aggregated into smaller or large loads for transfer to other vehicles
or modes of transportation, provided:
G11.
Wholesale, storage, warehousing. Wholesale business, wholesale
storage or warehousing, excluding retail sales.
G12.
Medical marijuana grower/processor. A person, including a natural
person, corporation, partnership, association, trust or other entity,
or any combination thereof, which is registered with and permitted
by the Department of Health of the Commonwealth of Pennsylvania under
the Medical Marijuana Act to grow and process medical marijuana, provided:
[Added 6-8-2023 by Ord.
No. 548]
a.
A medical marijuana growing/processing facility shall be owned
and operated in accordance with the applicable laws and regulations
including the Medical Marijuana Act.
b.
A medical marijuana growing/processing facility may not be located
within 1,000 feet of the property line of a public, private or parochial
school or day-care center.
c.
A medical marijuana growing/processing facility may only grow,
store, harvest or process medical marijuana in an indoor, enclosed,
secured facility which includes electronic locking systems, electronic
surveillance and other features required by the Pennsylvania Department
of Health.
d.
A medical marijuana growing/processing facility may not operate
on the same site as a facility used for dispensing marijuana.
e.
A medical marijuana growing/processing facility may not operate
without a permit issued by the Pennsylvania Department of Health under
the Medical Marijuana Act.
H.
Community service uses.
H1.
Emergency services. Fire, ambulance, rescue and other emergency services
of a municipal or volunteer nature, provided:
a.
Bulk and dimensional standards shall be adequate to accommodate
buffer and parking requirements and in accordance with the needs of
the facility as well as the need to protect community safety and appearance.
H2.
Flood control structures. Dams, impoundments, and other engineering
structures used to control flooding, provided:
a.
Bulk and dimensional standards shall be in accordance with the
needs of the facility as well as the need to protect community safety
and appearance.
H3.
Commercial communications facility. A commercial facility consisting
of antenna(s), communications tower, communications equipment building,
and/or other structures and equipment involved in receiving or transmitting
television, radio, or telephone communications, provided that the
following conditions are met:
|
General.
| ||
|
a.
|
The applicant is required to demonstrate, using technological
evidence, that the antenna must go where it is proposed in order to
satisfy its function in the company's grid system.
| |
|
b.
|
If a communications tower is proposed, the applicant shall demonstrate
that the tower complies with all state and federal laws and regulations
concerning radio frequency emissions, structural integrity, and aviation
safety.
| |
|
c.
|
If a communications tower is proposed, the applicant is required
to demonstrate that it contacted the owners of structures of suitable
location and height (such as smoke stacks, water towers, buildings,
existing towers, and other tall structures) within a 1/2 mile radius
of the site proposed, asked for permission to install the antenna(s)
on those structures, and was denied. The Township may deny the application
to construct a new tower if the applicant has not made a good faith
effort to mount the antenna on an existing structure.
| |
|
d.
|
Uses ancillary to the commercial communications facility such
as business office, maintenance depot, vehicle storage, etc., are
prohibited from the site unless otherwise permitted in the applicable
zoning district.
| |
|
Height
| ||
|
e.
|
The applicant shall demonstrate that the proposed communications
tower and/or antenna(s) is the minimum height required to function
satisfactorily.
| |
|
f.
|
Other permitted commercial communications facility structures
shall not exceed 35 feet in height.
| |
|
Setbacks
| |||
|
g.
|
If a communications tower is proposed, the minimum distance
between the base of the support structure or any guy wire anchors
and any property line shall be the largest of the following:
| ||
|
1.
|
30% of proposed communications tower and/or antenna
| ||
|
2.
|
40 feet
| ||
|
Environmental Impact
| ||
|
h.
|
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
| |
|
i.
|
Artificial lighting is prohibited on all proposed communications
towers and/or antenna(s) unless required by the FAA.
| |
|
j.
|
Where a communications tower site abuts a public street or a lot that is either zoned residential or used for a residential use, and where the base of the tower is visible from the public street or from an existing or potential dwelling on the residential lot, a Class C buffer (see Chapter 1260) shall be provided along the appropriate boundary(ies).
| |
|
Tower Design and Installation
| |||
|
k.
|
The applicant shall demonstrate that the proposed communications
tower and/or antenna(s) shall be designed and constructed to the standards
designated by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association
and Telecommunications Industry Association (ANSI/EIA/TIA-222-E Code,
American National Standards Institute, Electrical Industry Association,
Telecommunications Industry Tower Specifications, as amended).
| ||
|
l.
|
If a non-self supported communications tower is proposed, the
applicant must use a guy wire configuration which is at least the
minimum specified by the tower manufacturer.
| ||
|
m.
|
All new towers permitted after the effective date of this Ordinance
must be engineered to accommodate additional new users.
| ||
|
n.
|
The base of a communications tower shall be surrounded by a
secure fence with a minimum height of 8 feet.
| ||
|
o.
|
The communications tower design and installation shall also
comply with any additional federal, state, and local regulations as
may apply.
| ||
|
Conditional Use Application
| |||
|
The conditional use application for a proposed commercial communications
facility (with tower) shall include:
| |||
|
p.
|
A copy of the applicant's FCC construction permit (for broadcast
use) or FCC station license (for other uses).
| ||
|
q.
|
A detailed site plan drawn to scale and identifying the site
boundary; the proposed tower and any existing towers; guy wire anchors;
existing and proposed structures; existing vegetation to be retained,
removed or replaced; proposed landscaping; and uses, structures and
land-use designations on the site and abutting parcels.
| ||
|
r.
|
A report from a professional engineer which shall include:
| ||
|
1.
|
A description of the tower and the technical and other reasons
for the tower design;
| ||
|
2.
|
A description of the capacity of the tower, including the number
and types of antennas that it can accommodate.
| ||
|
s.
|
A written statement from the FCC, FAA, and State Aeronautics
Division that the proposed tower complies with applicable regulations
administered by that agency or that the tower is exempt from those
regulations.
| ||
|
t.
|
An intermodulation analysis certified by a Professional Communications
Engineer, which demonstrates that the proposed new equipment will
not cause undue RF interference to existing towers or transmitting
facilities or communications service reception by other property owners.
The applicant shall be responsible to resolve all instances of interference
caused by the actual operation of the tower that occurs after its
installation.
| ||
|
Abandoned/Obsolete Towers
| |||
|
u.
|
If a communications tower is no longer used due to obsolescence
or abandonment, the tower and related facilities shall be dismantled
and removed at the owner's expense within one year of its disuse.
| ||
H4.
Transportation services. Establishments primarily engaged in furnishing
local and suburban passenger transportation, including taxicabs, passenger
transportation charter service, school buses, and terminal and service
facilities for motor vehicle passenger transportation, provided.
a.
Bulk and dimensional standards shall be adequate to accommodate
buffer and parking requirements and in accordance with the needs of
the facility as well as the need to protect community safety and appearance.
H5.
Utility facilities. Buildings, structures, and facilities, including
generating and switching stations, poles, lines, pipes, pumping stations,
valves, and all buildings and structures relating to the furnishing
of utility services, such as electric, gas, telephone, water, and
sewer, to the public, provided:
a.
Except in the nonresidential districts, no public business office
or any storage yard or storage building shall be operated in connection
with it.
b.
If utilities are provided as an integral part of a proposed
subdivision or land development, are intended to provide service to
that development, and are located entirely on the premises of that
development, then a conditional use permit need not be obtained for
the proposed utility use.
c.
All utility lines to newly constructed buildings shall be placed
underground.
d.
Towers, including transmission, relay and water towers and tanks
shall not be subject to a maximum height limitation.
e.
There shall be no electrical or magnetic field disturbance permitted
which is caused by any utility facility which interferes with or adversely
affects any adjacent land use.
I.
Accessory uses. NOTE: Accessory uses/structures are also subject
to the requirements of Section 1258.02E., "Permitted Projections Into
Yards".
I1.
Residential accessory use. A use of land or of a building or portion
thereof customarily incidental and subordinate to the principal residential
use of the land or building and located on the same lot with such
principal use (not including Use 15, Accessory Dwelling Unit), including:
a.
Accessory home occupation. A customary home occupation for gain
that is clearly subordinate to the existing residential use of the
property, provided:
1.
The home occupation shall be carried on wholly indoors within
a dwelling which is the bona fide residence of the principal practitioner,
or in an accessory building thereto provided that the accessory building
is within the setback requirements for the residence.
2.
The floor area devoted to a home occupation shall not be more
than 25% of the ground floor area of the principal residential structure,
not including the area of an attached garage or other similar building.
3.
There shall be no use of show windows, display or advertising visible outside the premises to attract customers or clients other than a home occupation announcement sign as permitted under Chapter 1276.
4.
There shall be no significant increase in the amount of traffic
normally generated in the residential neighborhood.
5.
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation and no goods shall be publicly
displayed.
6.
Any commercial vehicles shall be parked on-lot and be parked
in a garage or an enclosed structure or be suitably screened from
view from adjacent properties and public rights-of-way.
7.
No more than two persons other than resident members of the
immediate family may be employed at this location and must be provided
with off-street parking on the site.
8.
The home occupation shall operate only between the hours of
7:00 a.m. and 8:00 p.m. for outside visitors.
9.
The home occupation generates no more than 10 motor vehicle
trips per day (five round trips).
b.
Family day care. A facility in which care is provided for four
or more children, but no more than six at any one time, who are not
relatives of the caregiver, where the child care areas are being used
as a family residence, provided:
1.
The applicant must obtain a license from the Department of Public
Welfare prior to the granting of a special exception by the Zoning
Hearing Board and the granting of a zoning permit by the Township.
2.
Family day care uses are only permitted as an accessory use
in a detached dwelling.
3.
A minimum outdoor play area of 200 square feet of contiguous
area shall be provided for each child as a recreational area for the
children. This area shall not include any impervious surface of parking
areas and shall be located to the side or rear of the property.
4.
If a family day care use is located adjacent to a non-residential
use, a parking lot or on a street classification higher than a residential
access street, the outdoor play area must be enclosed by a four-foot
high fence. The outdoor play area should be located to the side or
rear of the property.
5.
No more than two persons other than resident members of the
immediate family may be employed at this location and must be provided
with off-street parking on the site.
I2.
Nonresidential accessory use. A use of land or of a building or portion
thereof customarily incidental and subordinate to the principal nonresidential
use of the land or building and located on the same lot with such
principal use (not including Use 16, Dwelling in Combination), including:
a.
Outside storage, provided:
1.
No part of the street right-of-way, sidewalks or other areas
intended or designed for pedestrian use, parking areas, or front yards
shall be occupied by outside storage.
2.
Outside storage areas shall occupy an area of less than 1/2
the existing building coverage.
3.
Outside storage areas shall be shielded from view on public
streets.
|
NOTE: Uses such as B12 Life Care Facility may, by definition,
have "support facilities" such as retail shops, services, etc. These
would not be considered accessory uses.
|
I3.
Residential accessory structure. A structure detached from a principal
residential building on the same lot and customarily incidental and
subordinate to the principal building, including:
a.
Detached garages for the parking of passenger automobiles, noncommercial
trucks and vans with loading capacity not exceeding 0.75 ton, and/or
not more than one commercial vehicle, provided:
[Amended 10-12-2017 by Ord. No. 507]
1.
Such structures may be within the side or rear yard only. If
the footprint of the structure is greater than 500 square feet, it
shall be set back a minimum of 10 feet from the side and rear property
lines (except to the extent that the Zoning Ordinance provides for
a lesser setback for principal buildings, in which case the lesser
setback shall apply). If the footprint of the structure is 500 square
feet or less, then it shall be subject to a side yard and rear yard
setback of five feet.
b.
Detached buildings such as storage sheds, bath houses and private
greenhouses, provided:
[Amended 10-12-2017 by Ord. No. 507]
1.
The height of such structure shall be limited to 15 feet.
2.
Such structures may be within the side or rear yard only. If
the footprint of the structure is greater than 500 square feet, it
shall be set back a minimum of 10 feet from the side and rear property
lines (except to the extent that the Zoning Ordinance provides for
a lesser setback for principal buildings, in which case the lesser
setback shall apply). If the footprint of the structure is 500 square
feet or less, then it shall be subject to a side and rear setback
of five feet.
c.
Structures such as walls, fences and signs, provided:
[Amended 10-12-2017 by Ord. No. 507]
1.
Walls and fences shall be located within property lines and outside
of the right-of-way. If footings are required, the edge of the footing
must be at least two feet from the property line. If a wall or fence
is located within three feet of a property line, the landowner must
present the Zoning Officer with either a survey to demonstrate the
location of the boundary line or with written confirmation signed
by the neighboring property owner to signify their agreement with
the location of the wall or fence. Landowners who construct walls
or fences on or near a property boundary with a neighboring property
assume the risk in doing so that the neighboring property owner may
not permit the landowner onto the neighboring property for access
to maintain or repair the fence or wall.
2.
Height; opacity; major streets.
[Amended 12-19-2022 by Ord. No. 542; 8-10-2023 by Ord. No. 549]
(i)
Height. The height of walls and fences shall be
limited to the following:
|
6 feet high
|
Rear property lines
|
|
6 feet high
|
Side property lines from the rear property line to even with
the required front yard setback.
|
|
4 feet high*
|
Front property lines and side property lines back to even with
the required front yard setback.
|
*Exception - Six-foot-high fences are permitted for front property lines and side lot lines back to the front face of the house, when abutting major streets, as defined in § 1220.08.
(ii)
Fence opacity. Fences along the front property
line and along the side property lines back to even with the required
front yard setback shall not be solid fences. A fence shall be considered
"open" if every segment of the fence (e.g., a section between posts)
is composed of at least 25% open spaces and no more than 75% solid
materials. All fences with more than 75% solid materials are considered
"solid" fences.
*Exception - Fences along the front property line and along
the side property lines back to even with the required front yard
setback, abutting major streets, as defined, can be 100% solid.
All fences must allow for adequate site lines for vehicular
traffic as required by PennDOT and Township ordinances.
(iii)
Major streets. As defined in Section 1220.08, major streets are any street or road owned by PennDOT. As of the enactment of this ordinance those streets include:
|
Providence Road
|
SR 4001 and SR 0252
|
|
Newtown Street Road
|
SR 0252
|
|
Rose Tree Road
|
SR 4002
|
|
The Media Bypass
|
SR 0001
|
|
Kirk Lane
|
SR 3028
|
|
Ridley Creek Road
|
SR 4003 (North of Baltimore Pike only)
|
|
State Road
|
SR 1008
|
|
Baltimore Pike
|
SR 2016
|
|
Crum Creek Road
|
SR 2037 (South of State Road only)
|
|
Palmers Mill Road
|
SR 0252
|
|
Bishop Hollow Road
|
SR 4004
|
|
Orange Street
|
SR 3021 (South of Kirk Lane only)
|
|
Manchester Avenue
|
SR 3019
|
3.
Barbed wire shall not be used as part of fences around residential
uses. Electrically charged fences shall only be used to contain farm
animals, and shall be of such low intensity that they will not permanently
injure humans.
4.
Any fence that has one side that is smoother and/or more finished
than the second side shall have that smoother and/or more finished
side placed so that it faces away from the area that is enclosed.
6.
No wall, fence or sign shall impede upon the clear sight triangle.
d.
Decks and patios, subject to the dimensional requirements specified
under Section 1258.02E., "Permitted Projections Into Yards".
e.
Private swimming pools, provided:
1.
The applicable requirements of the BOCA National Building Code
currently utilized by the Township are met.
2.
Rear and side yard setbacks for swimming pools as measured from
the inside of the pool coping shall not be less than 15 feet for the
rear yard and 10 feet for side yards.
3.
An opaque screen shall be established and maintained between
the pool and all property lines to visually protect adjoining properties.
This screen may be comprised of a dense planting of trees and shrubs
or a fence. In the case of a planting screen, the minimum width of
the planting bed shall be five feet.
f.
Other residential accessory structures similar to those permitted
above, provided that district setback requirements are met and adequate
buffering and/or screening provided.
g.
Recreational accessory structure: A small building separate
from the main home, reserved for the use of the resident to indulge
in hobbies and interests. This section includes, without limitation,
structures commonly referred to as "she sheds." This section does
not regulate tree houses or children's playsets.
[Added 10-13-2022 by Ord. No. 540]
1.
The height of such structure shall be limited to 15 feet.
2.
Such structures may be located within the side or rear yard
only.
3.
Recreational accessory structures shall be set back a minimum
of 10 feet from the side and rear property lines (except to the extent
that the Zoning Ordinance provides for a greater setback for principal
buildings, in which case the greater setback shall apply).
4.
A recreational accessory structure shall not have a footprint
in excess of 300 square feet.
5.
The district setback requirements shall be complied with and
adequate buffering and/or screening provided.
6.
Recreational accessory structures must be installed on a foundation
meeting the requirements of the Uniform Construction Code and according
to the manufacturer's instructions.
7.
Recreational accessory structures may have electricity and internet
connectivity and plumbing sufficient to permit a small sink. There
shall be no other utilities permitted.
8.
No bathrooms, showers, laundry, or sleeping quarters shall be
permitted.
9.
Recreational accessory structures shall not be utilized as a
domicile or residence for the resident or any other person.
10.
Recreational accessory structures shall not be used for any
commercial purposes, including, but not limited to, day-care activities,
retail sales, renting on any rental platform such as "Airbnb," "VRBO,"
or a similar rental platform.
I4.
Nonresidential accessory structure. A structure detached from a principal
nonresidential building on the same lot and customarily incidental
and subordinate to the principal building, including:
a.
Structures such as walls, fences, and signs, provided:
I5.
Accessory dwelling unit. An accessory dwelling unit that is detached
from and clearly subordinate to a principal residential use, provided:
a.
The lot containing the accessory dwelling shall be a minimum
of two acres in size.
b.
All setback and other bulk and dimensional requirements of the
primary use and district shall be met.
c.
Only one accessory dwelling shall be allowed for each lot or
parcel of land.
d.
Only accessory structures existing at the time of this Ordinance's
passage are permitted to contain an accessory dwelling.
I6.
Dwelling in combination. An accessory dwelling unit that is clearly
subordinate to an institutional, commercial, consumer service or office
use.
