Adult-oriented businesses shall meet the following specific
requirements:
A.
The lot or property line of such business shall not be located within
500 feet of any residential district, rural district or agricultural
district.
B.
The lot or property line of such business shall not be located within
500 feet of the lot or property line of any religious structure, school
day-care facility or public library.
C.
The lot or property line of such business shall not be located within
500 feet of the lot or property line of another adult-oriented business.
D.
There shall be no display of adult-oriented materials, merchandise,
movies, activities or any other devices that can be seen from the
exterior of the building.
E.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film
or other activity offered as part of the adult-oriented business.
F.
Not more than one adult-oriented business or activity shall be permitted
within any one building or lot.
G.
No unlawful sexual activity or conduct shall be performed or permitted.
H.
The Zoning Hearing Board shall determine that the adult-oriented
business:
I.
No adult-oriented business or activity may change to another type
of adult-oriented business or activity except upon application to
and approval by the Zoning Hearing Board of such change as a special
exception, subject to the criteria set forth herein.
Agricultural uses shall comply with the following requirements:
A.
Poultry facilities.
(1)
Poultry houses for housing more than 500 birds and manure pits
or manure storage structures shall not be located closer than 50 feet
to all property lines nor closer than 75 feet to street center lines;
provided, however, that poultry facilities, including manure pits
or manure storage structures, shall not be located closer than 300
feet to all existing dwelling units other than the dwelling unit owned
by the person conducting the poultry facility. A properly designed
turnaround facility shall be provided in order that vehicles leaving
the property can enter onto the roadway front first.
(2)
The Zoning Hearing Board may permit the construction of the
poultry facility closer to existing dwelling units than 300 feet,
but in no case less than 150 feet, provided that the Zoning Hearing
Board finds that because of the predominate wind direction, topographical
conditions, the proposed building location and orientation or special
design features, the reduced distance will not create a more detrimental
effect to the existing dwelling than if the three-hundred-foot distance
were required. The burden shall be upon the applicant to prove that
the approval of the application will not be detrimental to the health,
safety and general welfare of the community.
B.
Livestock facilities.
(1)
Structures for housing more than 25 head of livestock and manure
pits or manure storage structures shall not be located closer than
50 feet to all property lines nor closer than 75 feet to street center
lines; provided, however, that the livestock facility, including manure
pits or manure storage structures, shall not be located closer than
300 feet to all existing dwelling units other than the dwelling unit
owned by the person constructing the livestock facility. A properly
designed turnaround facility shall be provided in order that vehicles
leaving the property can enter onto the roadway front first.
(2)
The Zoning Hearing Board may permit the construction of the
livestock facility closer to existing dwelling units than 300 feet,
but in no case less than 150 feet, provided that the Zoning Hearing
Board finds that because of the predominate wind direction, topographical
conditions, the proposed building location and orientation or special
design features, the reduced distance will not create a more detrimental
effect to the existing dwelling than if the three-hundred-foot distance
were required. The burden shall be upon the applicant to prove that
the approval of the application will not be detrimental to the health,
safety and general welfare of the community.
C.
The Zoning Hearing Board may permit the expansion of existing poultry
and livestock facilities closer to the property and street right-of-way
lines than permitted above, provided that the Zoning Hearing Board
finds that the expansion of such facilities will not be more detrimental
to surrounding properties than the existing use. The burden shall
be upon the applicant to prove that the approval of the application
will not be detrimental to the health, safety and general welfare
of the community.
D.
Prior to any construction, development, erection, expansion, extension,
or subdivision of an agricultural use, the landowner shall provide
written evidence from the Lancaster County Conservation District and/or
the DEP of:
(1)
An approved, pending, or nonapplicable conservation plan, as
per § 102.4, Chapter 102, Title 25 of the Pa. Code. The
conservation plan is required to identify conservation practices,
including site-specific best management practices that minimize the
potential for accelerated erosion and sedimentation from those farming
activities, such as plowing and tilling, upon land that has an area
of 5,000 square feet or more.
(2)
An approved, pending, or nonapplicable nutrient management plan,
as per Act 38 of 2005, including any amendments made hereafter, for
the subject farming operations in order to ensure that the generation,
storage, and release of potential contaminates into surface or ground
water, such as e-coli bacteria, nitrates, phosphorus, etc., are properly
managed according to state law.
(3)
Confirmation from the delegated county or state agency as to
whether the activity is regulated as a concentrated animal feeding
operation as per the Federal Clean Water Act. These include those
activities regulated under the Pennsylvania law and are over 300 animal
equivalent units; those operations that have over 1,000 animal equivalent
units; or those operations that confine animals for at least 45 days
in a twelve-month period and where there is no grass or other vegetation
in the confinement area during the normal growing season.
In zoning districts where agritourism enterprises are permitted
by right or as a special exception, agritourism enterprises shall
be on a lot with a minimum lot area of 10 acres, provided that the
following requirements are met:
A.
An Agritourism enterprise shall be considered any activity conducted
on and accessory to an existing and operational farm and offered to
the public or to invited groups for the purpose of recreation, education,
or active involvement in the farm operation. These activities must
be directly related to agricultural or natural resources and incidental
to the primary operation of the farm.
B.
The following activities, and activities that the applicant proves
are closely similar, shall be permitted as an agritourism enterprise:
(1)
Farmers Markets, providing all vendors and sales are located
in an enclosed building;
(2)
U-pick operations;
(3)
Dairy, ice cream and bakery retail facilities;
(4)
Wineries, winery tours and tasting rooms;
(5)
Local farm products retail operations (including crafts, food
products, garden and nursery products, and clothing products made
from the wool of animals raised on the farm use, etc.);
(6)
Corn mazes (with educational/interpretation components);
(7)
Farm-related interpretive facilities and exhibits;
(8)
Agriculturally related educational and learning experiences;
(9)
Agriculturally related special events, fairs and festivals;
(10)
On-site farm, garden, greenhouse and nursery tours;
(11)
Walking and bicycle tours and trails;
(12)
Farm stays;
(13)
Horseback/pony rides, petting zoos and other animal exhibits;
C.
The following activities shall be prohibited:
(1)
Restaurants, taverns, breweries and/or microbreweries;
(2)
Flea markets;
(3)
Any other use that is not agriculturally related, or is not
related to the natural resources that are present on the property,
or is deemed not to be incidental to the agricultural operation on
the property, or is otherwise deemed to be too intense for the Agricultural
Zoning District whereby the intent of the Agricultural Zoning District
will not be preserved.
D.
It shall be the responsibility of the applicant and/or landowner
to prove compliance with these regulations at the time of application
for a zoning permit.
E.
Agritourism enterprises must be incidental to and directly supportive
of the agricultural use of the property and will not have significant
impacts on the agricultural viability or rural character of neighboring
properties.
F.
An agritourism enterprise shall be conducted by a resident or owner
of the property and/or his/her immediate relatives. Up to four unrelated
full-time employees may be employed by the owner or immediate relatives.
Additional part time employees or volunteers may be permitted for
special events, fairs or festivals.
G.
At least 50% of the products for display and sale shall be grown,
prepared, or produced on the subject property.
H.
The applicant shall identify the anticipated hours of operation for
the agritourism enterprise. In no case shall the agritourism enterprise
generate noxious odors, noise or glare beyond amounts that are typically
generated by agricultural operations. Agritourism enterprises shall
not routinely occur in a manner that generates traffic or noise heard
by neighbors between the hours of 9:00 p.m. and 7:00 a.m.
J.
All signage advertising the agritourism enterprise shall comply with Article XXIV of this chapter.
K.
All existing and new buildings shall maintain a residential or agricultural
appearance, as viewed from a public street.
L.
The reuse of an existing barn or other existing buildings shall be given priority over the construction of new building(s). If a new building is proposed, any land development plan shall be in accordance with the regulations of Chapter 119, Subdivision and Land Development. The total of all building floor areas utilized for an agritourism use after the adoption of this chapter shall not exceed 5% of the total lot area. All structures shall be subject to the requirements of the Pennsylvania Uniform Construction Code.
M.
All food and/or beverages sold for consumption on site shall comply
with federal, state and local regulations. Food and/or beverages should
be limited to only those value-added products that are produced from
or grown on the farm, unless they are secondary and incidental to
the primary agricultural use on the property. In all cases the use
of locally grown or produced food and/or beverages is encouraged.
N.
Applicant must provide evidence that sufficient sanitary sewer facilities
will be provided in accordance with all applicable DEP regulations.
O.
Applicant shall provide evidence that all other applicable state
and federal permits for operation of an agritourism enterprise have
been obtained.
P.
There shall be no outside display, sales, or storage permitted, unless
this activity is fully screened with a combination of opaque wood
fencing, and dense landscaping. This activity shall be prohibited
within 100 feet along all public rights-of-way. This shall not be
interpreted to prohibit that outside sales or display of products
during a permitted special event, fair or festival.
Q.
This subsection shall not regulate agricultural uses that are permitted
under other provisions of this chapter.
R.
Special events, fairs and festivals shall comply with the following
regulations:
(1)
Prior to holding a special event, applicant shall be required
to obtain a special event permit under the regulations of Resolution
No. 09-2011, or any subsequent amendments.
(2)
Tents or other temporary structures shall comply with all setback regulations for principal buildings in § 135-85.
[Amended 1-6-2014 by Ord. No. 284-2014]
(3)
All waste, trash and rubbish, tents and temporary structures,
and any other displays or exhibits that resulted from the special
event shall be removed from the property within 24 hours after the
special event has ended.
(4)
Overflow parking areas may be on grass surface areas of the
lot. The grass surface area which is to be used for overflow parking
shall be kept in suitable grass cover and shall not be allowed to
degrade to an erodible condition. In the event any portion of the
overflow parking area is disturbed, the areas shall be reseeded or
planted with sod to ensure the area remains grass surface. Such planting
shall occur within one week after the special event has ended. Overflow
parking areas shall be enclosed by a temporary barrier fence to prevent
the flow of traffic across property lines, all such fences shall be
removed within one week of a special event ending. Overflow parking
areas shall be set back at least 25 feet from side and rear property
lines.
(5)
In no case, shall parking be permitted on an adjoining lot,
or in a location that would require visitors to have to cross a public
road.
(6)
All driveway locations must be permitted under applicable state
or local regulations.
Airports and/or heliports shall be subject to the following
requirements:
A.
The minimum lot area shall be 25 acres.
B.
The applicant shall comply with all applicable requirements of the
Federal Aviation Administration and the Bureau of Aviation of PennDOT
and shall present evidence to the Zoning Hearing Board of compliance
with all such regulations.
C.
All buildings, structures and parking lots shall be located at least 100 feet away from rear and side property lines and shall be screened from view from adjoining properties. Landscape screens shall comply with § 135-299.
D.
Runways, landing strips and landing pads shall be located a minimum
of 300 feet off of adjoining property lines and the ultimate street
right-of-way.
E.
All aviation fuels shall be stored in an enclosed building or structure
that is located at least 100 feet away from all property lines and
the ultimate street right-of-way.
F.
The applicant shall obtain any required permit or permits from any
other applicable federal, state or county agency.
G.
The airport shall be so located and so designed that no adjoining
landowner will have building restrictions imposed upon such adjoining
property, unless the applicant presents evidence of the consent of
any affected landowner to the imposition or potential imposition of
such restrictions.
Amusement parks shall be subject to the following requirements:
A.
Permitted uses. The list provided below shall be the permitted uses
located within an amusement and/or theme park. Each use provided for
below shall be accessory to the amusement park use and shall only
serve employees and guests of the park. Such accessory uses shall
rely upon the circulation and parking facilities of the park; have
signage that is oriented only to those employees and guests of the
park; and shall be owned, operated and maintained by the park. Below
is the list of permitted accessory uses:
(1)
Museums, including tours of historic properties;
(2)
Amusement rides;
(3)
Public parks, playgrounds and recreational facilities;
(4)
Public or private conservation areas for uses for the conservation
of open space, water, soil, and wildlife resources, including state
or county-sponsored agricultural and/or conservation districts;
(5)
Zoo;
(6)
Lodging for guests and employees;
(7)
Riding stables and related facilities (but not including horse
racing);
(8)
Arboretums;
(9)
Commercial recreational facilities;
(10)
Administrative offices;
(11)
Fast-food restaurants and snack bars;
(12)
Public or private utility service structures;
(13)
Public or nonprofit fire services or public or nonprofit emergency
services;
(14)
Indoor or outdoor theaters and auditoriums;
(15)
Information centers;
(16)
Campgrounds;
(17)
Taverns and restaurants; excluding adult-oriented businesses
and nightclubs;
(18)
Amusement exhibits and rides;
(19)
Sports and/or amusement arenas;
(20)
Retail sales and/or rental of goods and services provided that
such sales or rentals are related to or accessory to any of the uses
listed above; and
(21)
Accessory uses customarily incidental to the above permitted
uses.
B.
Area, bulk and height requirements.
(1)
The minimum lot area for an amusement park shall be 25 acres.
(2)
The minimum lot width for an amusement park shall be 300 feet.
(3)
The minimum lot depth for an amusement park shall be 800 feet.
(4)
All uses, structures, and buildings that are permitted as part of the amusement park operation shall be set back a minimum of 50 feet from the ultimate road right-of-way as designated by § 135-301 of this chapter, and a minimum of 100 feet from any side or rear property boundaries.
(5)
Parking and loading areas shall be set back a minimum of 25 feet from the ultimate road-right-of-way and a minimum of 100 feet from side and rear property lines. The setback area from the ultimate road right-of-way shall be utilized as a landscape strip and shall be installed, maintained and contain such materials as required by § 135-299 of this chapter. To the extent not otherwise addressed by this section, all parking and loading areas shall be provided and designed in accordance with Article XXV of this chapter.
(6)
Not more than 70% of the lot area shall be covered by impervious
surfaces, including walkways, parking areas, access drives, buildings,
and structures. In the event, permeable pavement is used; such pavement
shall be calculated as part of this coverage limitation.
(7)
Building heights shall comply with § 135-145 of this chapter. Any structures exceeding the maximum height limitations may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, applicant shall be required to provide documentation to the satisfaction of the Zoning Hearing Board that there is sufficient emergency rescue capabilities available for the desired height from the "first responding" fire company.
C.
Traffic control.
(1)
All points of ingress and egress shall be made from a collector
or arterial roadway.
(2)
Applicant shall provide a traffic study that complies with the regulations of Chapter 119, Subdivision and Land Development.
(3)
Access drives to the amusement park shall be designed in accordance with Chapter 119, Subdivision and Land Development.
(4)
All means of ingress and/or egress shall be designed to accommodate
traffic in a safe and efficient manner. The applicant shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by PennDOT or Mount Joy Township.
(5)
Interior access lanes shall be designed so as to prevent traffic
congestion at points of ingress and egress. All proposed areas designated
for parking and loading shall be planned and arranged so they may
be utilized without interfering with the interior traffic circulation
and parking facilities.
(6)
Any booths or other structures utilized for the collection of
admission and/or parking fees shall be set back and arranged to prevent
vehicle back-ups on adjoining roads during peak arrival periods. Any
other collection of fees, such as by roaming parking lot attendants,
shall be conducted in such a manner as to prevent vehicle backups
on adjoining roads. The landowner and operator of the amusement park
shall be responsible to resolve, mitigate and/or correct any traffic
congestion problems that occur on public roads, which are related
to the points of ingress and egress to the amusement park.
D.
General requirements. The following general requirements shall apply
to an amusement park:
(1)
The side and rear lot lines of the development tract shall be adequately screened with a one-hundred-foot-wide landscaped strip and screen, and shall be installed, maintained and contain such materials as required by § 135-299. To the greatest extent possible, applicant shall utilize existing healthy and mature trees as part of the landscape strip and screen area.
(2)
Outside pedestrian waiting lines shall be provided with a means
of shade and/or relief from the exposure of the sun and heat.
(3)
The proposed lighting for the amusement park shall comply with the requirements specified under § 135-298, Lighting regulations, of this chapter. A lighting plan shall be submitted to depict the location and intensity of the proposed lighting facilities within the amusement park to a point 50 feet beyond the perimeter of the property line.
(4)
The use and related activities shall not emit noise, glare,
vibration, electrical disturbance, electromagnetic interference, dust,
smoke, fumes, toxic gas, radiation, heat and/or other perceptible
or objectionable nuisances that would impact neighboring properties,
or be noticeable at or beyond the property line.
(5)
The applicant shall furnish evidence that the proposed use will
not be detrimental to the use of adjoining properties due to hours
of operation, noise, light, dust, smoke, litter and pollution.
(6)
Exterior loading areas and storage areas for trash and rubbish
shall be located in a side or rear yard and shall be properly screened
with sight-tight fencing and a self-latching gate. Chain link fencing
shall not be an acceptable screen. All containers or dumpsters shall
be enclosed; vermin proof and have adequate storage capacity to accommodate
the projected volumes of solid waste. All loading areas and waste
disposal containers or dumpsters shall be set back a minimum of 100
feet from a side or rear property line.
(7)
The applicant shall develop, implement and maintain a working
plan for the trash disposal, recycling and the clean-up of litter
that is a result of the amusement park.
(8)
Any use involving the keeping of wild and/or dangerous animals
shall require the submission of qualified expert testimony that demonstrates
sufficient care for, and containment of, such animals.
E.
Concept master plan. An applicant shall be required to submit a concept
master plan to the Zoning Hearing Board prior to their consideration
of approval for a special exception. Such concept master plan shall
be submitted by the applicant and shall include a textual and/or graphic
description of the following items:
(1)
The location, boundaries, dimensions, acreage, and ownership
of the land to be included within the proposed use;
(2)
The types and mixture of uses proposed of the land to be included
within the proposed use (a schematic drawing of proposed use types
shall be provided);
(3)
The road network contained upon the land to be included within
the proposed use including major points of access, intersections and
any traffic improvements proposed to accommodate the proposed use;
(4)
The name, location, center line and present right-of-way width
of all abutting streets;
(5)
Physical characteristics of the site, including:
(a)
Areas with slopes exceeding 15%;
(b)
One-hundred-year floodplains;
(c)
Alluvial soils, wetlands, ponds, and streams;
(d)
Sinkholes, caves, vistas, or other significant geologic features;
(e)
Endangered or threatened species habitats;
(f)
Archaeological resources;
(g)
Historic resources; and
(h)
Mature forests and woodlands;
(6)
Any regional facilities that are proposed and will serve more
than one lot/use within the proposed development; examples of such
facilities could include stormwater management devices, open space
areas, pedestrian pathways, and wastewater or water facilities; and
(7)
Other information illustrating that the basic concepts of the
proposed uses are well integrated, functional, efficient and attractive.
F.
Required land development plan. If the Zoning Hearing Board approves the special exception application, a land development plan shall be submitted for review and consideration in compliance with Chapter 119, Subdivision and Land Development. The land development plan shall comply with all conditions of approval issued as part of the special exception as well as all other provisions specified by Mount Joy Township.
Apartment houses shall be subject to the following requirements:
A.
Apartment houses shall be served by public water and public sewer
facilities.
B.
Apartment houses shall be prohibited on cul-de-sac or dead-end streets.
Streets serving apartment houses may be permitted to terminate in
a common parking area.
C.
Apartment houses shall not have direct access from garages or driveways
that serve individual units of the apartment house directly onto a
collector or arterial roadway.
D.
The minimum lot area for apartment houses shall be 20,000 square
feet for apartment houses containing three or fewer dwelling units.
For each dwelling unit in excess of three, the minimum lot size shall
be increased by 6,000 square feet per dwelling unit.
E.
The minimum lot width for apartment houses shall be 100 feet at the
building setback line.
F.
No more than four consecutive apartment houses, blocks, or groupings
shall be permitted along a street without the use of a midblock separator,
which shall consist of a park, tot-lot, landscaped common parking
compound, or landscaped open space, etc.
G.
Apartment houses shall be set back a minimum of 35 feet from all
lot boundaries. Front yard setbacks shall comply with the zoning district
in which the apartment house is located.
H.
Apartment houses shall comply with the requirements of § 135-105I pertaining to the open space requirements between buildings.
[Amended 1-6-2014 by Ord. No. 284-2014]
I.
Applicants for apartment house construction shall develop, implement
and maintain a working plan for trash disposal, recycling and the
clean-up of litter.
J.
Each apartment house shall use at least two different facade treatments,
such as brick, stone, stucco, or vinyl siding veneers, and shall use
a variety of window types, balconies, doors, dormers, rooflines and
structural offsets.
Bed-and-breakfasts shall be subject to the following requirements:
A.
Parking shall be provided in accordance with the requirements of Article XXV. Parking lots shall not be located between the front of the building and the street right-of-way. Parking areas shall be screened from adjoining properties in a residential zone and shall be compliant with the screen requirements of § 135-299.
B.
Meals may be offered only to registered guests.
C.
Signs for bed-and-breakfast establishments shall comply with all requirements for home occupation signs contained in Article XXIV.
D.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply are to be provided.
E.
The use shall be limited to within buildings that existed prior to
January 1, 1940.
F.
A building's exterior shall not be altered in a manner that reduces
its residential appearance. This requirement shall not prohibit any
alterations that may be required under the Uniform Construction Code
relative to fire escape or other public safety requirements identified
by any applicable state regulations.
Boardinghouses shall be subject to the following requirements:
A.
Boardinghouses shall be contained within a single-family detached
dwelling which shall be owner occupied. A building's exterior shall
not be altered in a manner that reduces its residential appearance.
This requirement shall not prohibit any alterations that may be required
under the Uniform Construction Code relative to fire escape or other
public safety requirements identified by any applicable state regulations.
B.
At no time shall more than 10 individuals be permitted to be sheltered
at the boardinghouse at one time.
C.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply are to be provided.
D.
Parking shall be provided in accordance with Article XXV. Parking lots shall not be located between the front of the building and the street right-of-way. Parking areas shall be screened from adjoining properties in a residential zone and shall be compliant with the screen requirements of § 135-299.
E.
Meals shall be offered only to registered tenants.
Children's homes and private schools with dormitories shall
be subject to the following requirements:
A.
The minimum lot size shall be two acres.
B.
All off-street parking lots shall be set back 25 feet from adjoining property lines and from the ultimate street right-of-way. Parking areas shall contain a landscape strip and screen that shall be installed, maintained and contain such materials as required by § 135-299.
C.
Buildings shall be set back 50 feet side and rear lot boundaries.
Front yard setbacks shall comply with the zoning district in which
the use is located.
D.
If education is offered below college level, an outdoor play area
shall be provided. Off-street parking areas shall not be used as outdoor
play areas. Outdoor play areas shall not be located within the front
yard, must be set back 25 feet from all property lines adjoining land
used residentially or available for residential use. The play and
recreation areas shall be appropriately fenced or otherwise screened
to prevent errant objects from leaving the site onto adjoining properties
or roadways. Chain link fences shall not be permitted unless they
are fully screened from view by evergreen plantings of equal or greater
height than the fence.
E.
Passenger dropoff and pickup areas shall be provided so students
do not have to cross roadways or access drives on or adjacent to the
site.
When permitted by special exception or when permitted as an
accessory use to a specified principal use, clubhouses for private
clubs shall comply with the following requirements:
A.
All private clubs shall front on and gain access from a road that
is suitable to accommodate the resulting traffic. The applicant shall
present traffic studies and other evidence necessary to demonstrate
that the road is suitable to accommodate the resulting traffic. If
improvements are required to make such road suitable, the applicant
shall demonstrate that such improvements shall be completed prior
to the opening of the private club.
B.
All off-street parking shall be set back at least 30 feet from any
adjoining residential property.
C.
All buildings and outdoor recreation/activity areas shall be set
back at least 50 feet from any property line.
A.
A commercial communications antenna shall be permitted by right in
any zoning district only if the commercial communications antenna
meets all of the following requirements:
(1)
All accessory utility building(s) shall have a combined maximum
total floor area of 200 square feet, shall meet all applicable building
setbacks, and shall not be occupied by employees.
(2)
In any zoning district other than a commercial or industrial
district, the antenna(s) shall be installed upon and shall extend
a maximum of 25 feet above an existing structure on a lot with a nonresidential
principal use, such as a water tower, place of worship bell tower,
power line tower or light standard. No antenna shall be permitted
on a residential structure.
[Amended 1-6-2014 by Ord. No. 284-2014]
(3)
In a commercial or industrial district, the antenna(s) shall
be installed upon and shall extend a maximum of 50 feet above an existing
structure on a lot with a nonresidential principal use, such as a
commercial building, water tower, place worship bell tower, power
line tower or light standard.
[Amended 1-6-2014 by Ord. No. 284-2014]
(4)
The applicant shall submit evidence from a registered professional
engineer certifying that the proposed installation will not exceed
the structural capacity of the existing structure upon which the antenna(s)
will be located, considering wind and other loads associated with
the antenna(s) location.
(5)
The applicant shall submit evidence of agreements and/or easements
necessary to provide access to the existing structure on which the
antenna(s) is to be mounted so that installation and maintenance of
the antenna(s) and accessory utility building(s) may be accomplished.
(6)
All antennas shall comply with all applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation and shall not cause radio, frequency
interference with other communications facilities located in the Township.
B.
A commercial communications antenna(s) that does not meet the requirements § 135-221A, which shall include all commercial communications antennas not installed upon existing structures, shall be permitted only where specifically authorized by applicable district regulations and shall in all cases meet all of the following additional regulations:
(1)
The antenna, including the supporting tower, shall be set back
a distance of 200 feet, plus the height of the tower from all property
lines.
(2)
An applicant proposing construction of a new communications
tower shall demonstrate that such applicant has made a good faith
effort to obtain permission to mount the antenna(s) on an existing
structure or communications tower. A good faith effort shall require
that the applicant contact all owners of potentially suitable structures
within a one mile radius of the proposed communications tower site
and that one or more of the following reasons for not selecting such
existing structure or communications tower apply:
(a)
The proposed antenna(s) and related equipment would exceed the
structural capacity of the existing structure or tower and reinforcement
of such existing structure or tower cannot be accomplished at a reasonable
cost.
(b)
The proposed antenna(s) and related equipment would cause radio
frequency interference with other existing equipment at that location
and that such interference cannot be prevented at a reasonable cost.
(c)
Such existing structures or towers do not have adequate location,
space, access or height to accommodate the proposed antenna(s) and
related equipment or to allow it to perform its intended function.
(d)
Addition of the proposed antenna(s) and related equipment would
result in electromagnetic radiation from such location exceeding applicable
standards established by the Federal Communications Commission.
(e)
The applicant could not reach a commercially reasonable agreement
with the owner of such existing structure or tower.
(3)
The base of a tower that supports such antenna(s) shall be surrounded
by a security fence with a minimum height of eight feet and shall
be equipped with anticlimbing devices approved by the manufacturer.
Such tower shall be surrounded by evergreen plantings or preserved
vegetation with an initial minimum height of four feet.
(4)
The applicant shall present written evidence from a professional
engineer that the proposed structure will meet applicable wind resistance
standards within the latest version of the Uniform Construction Code.
(5)
In all cases, the applicant shall demonstrate that the proposed
height of the proposed tower and antenna(s) is the minimum height
necessary to perform its function. The maximum height of the tower
shall be 200 feet unless the applicant applies for a special exception
to increase the height of the tower greater than 200 feet. To be entitled
to such special exception, the applicant shall demonstrate that it
is not possible to provide communications services by any means other
than the requested height, including but not limited to, installing
a lower tower and installing a second tower at another location.
(6)
Any accessory utility building shall have a maximum floor area
of 200 square feet and shall meet all applicable principal building
setbacks. If a building shall be larger than 200 square feet or if
a building shall house any employees, such use must also be specifically
permitted in the zoning district and the applicant shall be required
to obtain land development approval.
(7)
All guy wires associated with the communications tower shall
be clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
(8)
No signs or lights shall be mounted on a communications tower,
except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental entity.
(9)
The applicant shall submit evidence of agreements and/or easements
necessary to provide access to the structure on which the antenna(s)
is to be mounted so that installation and maintenance of the antenna(s)
and accessory utility building(s) may be accomplished.
(10)
All antennas shall comply with all applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation and shall not cause radio frequency interference
with other communications facilities located in the Township.
(11)
No more than two towers may be located on any single commercial communications antenna site. No commercial communications antenna site may be located any closer than the minimum setback distance established § 135-221B(1) above to any other commercial communication antenna site.
C.
An antenna that primarily serves emergency communications by a Township-recognized
police, fire or ambulance organization shall not be regulated by this
section.
D.
The owner or operator of a commercial communications antenna shall
notify the Township, in writing, within 30 days after such owner or
operator ceases operation of the commercial communications antenna.
The owner and/or operator of the commercial communications antenna
shall completely remove the commercial communications antenna and
all support and accessory structures, including, but not limited to,
towers and equipment shelters, within a maximum of six months after
the date such commercial communications antenna is no longer in use.
Commercial recreational facilities shall be subject to the following
requirements:
A.
Amusement arcade facilities shall be located entirely within an enclosed
building.
B.
All uses, structures and buildings that are part of the commercial recreation facility shall meet the building setback regulations for a principal building as identified by § 135-134E. If in the event a lot that is to contain a commercial recreational facility is adjoining land within a residential zone, all uses, structures and buildings shall be set back from such land within the residential zone by at least 50 feet. A landscape strip and screen shall be provided along the zoning district boundary line. The landscape strip and screen shall be installed, maintained and contain such materials as required by § 135-299.
C.
All outdoor facilities shall be appropriately fenced or screened
to prevent errant objects from leaving the property. Chain link fences
shall not be an acceptable type of fencing.
D.
The applicant shall place trash receptacles throughout the recreational
facility. All trash shall be disposed of in an appropriate enclosed
dumpster facility by the close of business on each day of operation.
Contractor's equipment yards shall be located entirely within
a closed building. All contractor's equipment yards shall meet the
following requirements:
A.
The principal use of the lot shall be the contractor's equipment
yard. Accessory buildings shall be permitted and may include administrative
office, meeting room and similar accessory facilities.
B.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
C.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded as a part of service or repair operations
shall be permitted.
D.
Ventilation equipment outlets associated with service or repair work
areas shall not be directed toward any adjoining residentially or
rurally zoned property.
E.
The outdoor storage areas of permissible equipment and vehicles shall be screened from view from the public road right-of-way and from any properties which are zoned for or are available for residential use by a landscape strip and screen. The landscape strip and screen shall be installed, maintained and contain such materials as required by § 135-299.
F.
No retail sales of equipment shall occur from the property.
Where permitted by special exception, conversion of a principal
single-family detached dwelling into a multifamily dwelling containing
not more than three dwelling units shall be subject to the following
conditions and requirements:
A.
Plans drawn to scale for the proposed conversion shall be submitted
to the Zoning Hearing Board.
B.
Off-street parking spaces shall be provided in accordance with § 135-343A(1). Parking shall not be permitted on any grass or other unpaved surface area on the property at any time.
C.
The lot area per dwelling unit, after the conversion, shall be a
minimum of 10,000 square feet.
D.
Only interior modifications shall be made to the existing principal
building. No additions or extensions of such buildings shall be permitted.
E.
No zoning permit shall be issued for the conversion until the Zoning
Officer has received proof of any approvals required by any governmental
agency having jurisdiction over the conversion of the building into
more than one dwelling unit or in the maintenance of a multiple-family
building.
F.
The converted dwelling shall utilize public water and public sewer.
Applicant shall submit evidence that all requirements of each Authority
has been satisfied.
G.
The Zoning Hearing Board may prescribe such further conditions and
safeguards with respect to the conversion and use of the building
and with respect to the use of the lot as it may deem necessary to
implement the purposes of this chapter.
Echo housing shall be subject to the following requirements:
A.
If available, public water and sewer shall be utilized for the echo
housing unit. Connection to the public water and sewer shall conform
to the regulations of the Authority responsible for each utility.
If public water and sewer is unavailable, the echo housing shall be
physically connected to and shall share the same sewage disposal and
water supply systems as the principal dwelling, unless such a connection
is prohibited by the Township Sewage Enforcement Officer. If sewage
disposal is provided by an individual on-lot sewer system, the applicant
shall demonstrate that the total number of occupants of the principal
dwelling and the echo housing shall not exceed the maximum capabilities
for which the system was designed, unless the system shall be suitably
expanded. Any connection to and/or expansion of an individual on-lot
sewage disposal system shall be reviewed by the Township Sewage Enforcement
Officer, and the applicant shall present evidence of such review and
all necessary approvals.
C.
If the property to contain echo housing is less than two acres, the
echo housing shall be an addition to the existing dwelling on the
lot. Such addition shall not exceed 75% of the total livable floor
area, to include first and second floors and basement but not attics,
of the existing dwelling. The addition shall be designed in a manner
that it can be utilized as part of the principal dwelling when the
echo housing use ceases.
D.
If the property to contain echo housing is two acres or more, the echo housing may be an addition to the existing dwelling on the lot subject to Subsection C above, or the echo housing may be a manufactured home installed upon the lot. The manufactured home shall meet all yard and setback requirements from the property line required of a principal structure, but shall not be required to meet such separation requirements from the principal dwelling.
E.
The echo housing shall not be counted as a dwelling unit or lot in the computation of the maximum number of dwellings which may be erected or lots which may be subdivided from a parcel in the Agricultural District under § 135-84.
F.
The Township shall record, at the cost of the applicant, a memorandum
of the decision of the Zoning Hearing Board granting such special
exception. Such recorded memorandum shall indicate that the occupancy
of the echo housing shall be limited to persons related by blood,
marriage, adoption or foster relationship to occupants of the principal
dwelling, that the echo housing unit shall not be rented to persons
who are not so related to the occupants of the principal dwelling
or otherwise subdivided from the principal dwelling; or in the case
of a manufactured home used as an echo housing unit; be required to
be removed when it is no longer used by persons so related to the
occupants of the principal dwelling.
When permitted as a special exception, facilities for emergency
services shall be subject to the following requirements:
A.
The minimum lot size shall be two acres.
B.
All rear and side yards shall contain landscape strips and screening to screen the use from neighboring properties that are located in a residential zone or available for residential use. Landscape strips and screens shall be installed, maintained and contain such materials as required by § 135-299.
C.
All buildings shall be set back at least 50 feet from any adjoining
land within a residential zone or available for residential use. Front
yard setbacks shall comply with the zoning district in which the use
is located.
D.
Parking lots shall be set back at least 25 feet from any adjoining
land within a residential zone. In no case, shall parking areas be
utilized as part of a play or recreation area.
In districts where permitted by special exception, farm-related
businesses shall be on a farm lot with a minimum lot area of 10 acres,
provided that the following requirements are met for nonagricultural
activities:
A.
A farm-related business shall be defined as a low-intensity commercial activity that functions as a customary accessory use to an on-site principal agricultural activity. Farm-related businesses are intended to provide supplemental income to farmers to encourage the continuation of farming and to provide needed services to other farmers. Only uses listed under Subsection F below shall be permitted.
B.
A farm-related business shall be conducted by a resident or owner
of the property, his/her immediate relatives, and a maximum total
of four other on-site employees.
C.
The farm-related business shall not routinely require the overnight
parking of more than one tractor-trailer truck.
D.
The business shall not generate noxious odors, noise or glare beyond
amounts that are typically generated by agricultural operations. Nonagricultural
operations shall not routinely occur in a manner that generates traffic
or noise heard by neighbors between the hours of 9:00 p.m. and 7:00
a.m.
F.
The following activities, and activities that the applicant proves
are closely similar, shall be permitted as farm-related businesses:
(1)
Farm equipment repair.
(2)
Occasional repair of one motor vehicle per day that is not owned
or leased by a resident of the property or his or her relative, but
not including a junkyard, auto body shop or spray painting.
(3)
Light welding and custom machining of parts.
(4)
Sale, storage, or mixing of seeds and fertilizers.
(5)
Small engine repair.
(6)
Woodworking or wood finishing.
(7)
Custom blacksmithing or sharpening services.
(8)
Indoor rental storage utilizing building floor area that lawfully
existed prior to October 1, 1997, for storage of household items,
vehicles, boats and similar items of a nonindustrial character, and
not involving buildings constructed or expanded after October 1, 1997.
(9)
Veterinary offices which primarily treat farm animals and similar
livestock care services.
(10)
Butcher shops.
G.
This subsection shall not regulate agricultural uses that are permitted
under other provisions of this chapter.
H.
One off-street parking space shall be provided per nonresident employee,
plus parking for any dwelling. In addition, the applicant shall prove
to the Zoning Officer that sufficient parking will be available for
customers.
I.
All existing and new buildings shall maintain a residential or agricultural
appearance, as viewed from a public street.
J.
The use shall not involve the storage or use of highly hazardous,
toxic, radioactive, flammable or explosive substances, other than
types typically used in agriculture or a household.
K.
A farm-related business shall only be permitted as an accessory use
to a principal agricultural use.
L.
The business shall be wholly contained within a building or structure.
The reuse of an existing barn or other existing building shall be
given priority over the construction of new building(s). The applicant
shall provide documentation if the use of an existing building is
not feasible. If a new building is required the Township may require
the preparation of a land development plan and stormwater management
plan, if required or deemed necessary. The total of all building floor
areas constructed for a farm-related business after the adoption of
this chapter shall not exceed 5% of the total lot area.
M.
There shall be no outside display, sales, or storage permitted, unless
this activity is fully screened with a combination of opaque wood
fencing, and dense landscaping. This activity shall be prohibited
within 100 feet along all public rights-of-way
When permitted by special exception, funeral homes shall comply
with the following requirements:
A.
The minimum lot size shall be one acre.
B.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply are to be provided.
C.
All funeral homes shall maintain the appearance of a residential
dwelling.
D.
All side and rear yards that are adjoining a residential zone or a property available for residential use, shall contain a landscape strip and screen. The landscape strip and screen shall be installed, maintained and contain such materials as required by § 135-299.
E.
Side and rear yard building setbacks from a property that is located
within a residential zone or that is available for residential use
shall be 50 feet. Front yard setbacks shall comply with the district
in which the use is to be located. Parking areas shall be located
at least 25 feet from the side and rear yard property lines that are
shared with a residential zone or property that is available for residential
use.
Golf courses shall be subject to the following requirements:
A.
No building shall be located closer than 100 feet to any property
line. Front yard setbacks shall comply with the zoning district in
which the use is located.
B.
The minimum lot area for golf courses shall be as follows:
|
Type of Course
|
Minimum Lot Area
(acres)
| |
|---|---|---|
|
Regulation eighteen-hole
|
90
| |
|
Executive eighteen-hole
|
60
| |
|
Nine-hole
|
50
| |
|
Par 3 eighteen-hole
|
45
| |
|
Par 3 nine-hole
|
25
|
C.
In no case shall the golf course design permit or encourage a golf
ball to be driven across any building, lot, parking lot, street, access
drive, or driveway.
D.
Golf course design shall minimize golf path crossings of streets,
access drives, and driveways. Easily identifiable golf paths must
be provided for crossings of streets, access drives and driveways.
The golf course design shall both discourage random crossing and require
use of the golf path crossings of streets, access drives and driveways.
Golf path crossings shall comply with the following:
(1)
Each crossing shall be perpendicular to the traffic movements.
(2)
One street, access drive or driveway may be crossed at each
location.
(3)
No crossing is permitted between a point 15 feet and 150 feet
from the cartway edge of a street, access drive or driveway intersection.
(4)
The golf path crossings must be provided with a clear sight triangle in accordance with § 119-30L of the Chapter 119, Subdivision and Land Development. No permanent obstruction over three feet in height shall be placed within this area.
(5)
Golf paths shall not exceed a slope of 8% within 25 feet of
the cartway crossing.
(6)
Golf path crossings shall be signed, warning motorists and pedestrians
of the crossing. The surface of the golf path crossing shall be brightly
painted with angle stripes.
(7)
Golf path crossing of collector or arterial streets shall consist
of a tunnel that is located below street grade. The golf course design
shall both prohibit at-grade crossing of collector or arterial streets
and require the use of the tunnel. The construction of the collector
or arterial roadway crossing of the tunnel shall comply with PennDOT
standards.
E.
Golf courses may include the following accessory uses, provided such
uses are reasonably sized and located so as to provide incidental
service to the golf course employees and users:
(1)
Clubhouse, which to the extent not addressed by this section shall comply with § 135-220 and may consist of the following uses:
(a)
Restaurant or snack bar lounge and banquet facilities;
(b)
Guest lodging for those using the golf course provided the lodging
units do not have a separate exterior means of ingress/egress and
are contained to the main clubhouse building and such guest lodging
shall have a total occupancy of no more than 20 persons;
(c)
Locker and rest rooms;
(d)
Pro shop;
(e)
Administrative offices;
(f)
Golf cart and maintenance equipment storage and service facilities;
(g)
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas and steam rooms;
(h)
Baby-sitting rooms and connected fence-enclosed play areas;
(i)
Accessory recreational amenities located outside of a building,
including:
[1]
Driving ranges, provided that no lighting is utilized and the ranges are either netted or otherwise placed in a manner to comply with § 135-230D;
[2]
Practice putting greens;
[3]
Swimming pools;
[4]
Tennis, platform tennis, handball, racquetball, squash, volleyball
and badminton courts;
[5]
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits and
washers courses;
[6]
Picnic pavilions, picnic tables, park benches and barbecue pits;
[7]
Hiking, biking, horseback riding and cross-country ski trails;
[8]
Playground equipment and playlot games, including four-square,
dodgeball, tetherball and hopscotch;
[9]
Freestanding maintenance equipment and supply buildings and
storage yards.
F.
Commercial recreational uses shall not be permitted as accessory
to a golf course.
G.
All outdoor storage of maintenance equipment and/or golf carts shall
be set back at least 100 feet and screened from adjoining residential
zones of from properties that are available for residential use and
roadways.
Greenhouses and horticultural activities that include accessory
retail sales shall comply with the following requirements when permitted
by special exception.
A.
The minimum lot area shall be five acres.
B.
At least 50% of the products for display and sale shall be grown,
prepared, or produced on the subject property.
Group homes shall be subject to the following requirements:
A.
A group home shall not include any use meeting the definition of
a treatment center.
B.
The facility shall have adequate staff supervision for the number
and type of residents.
C.
The applicant shall furnish evidence that an approved means of sewage
disposal and a potable water supply in sufficient quantity will be
provided.
D.
The applicant shall provide evidence of any applicable federal, state
or county licensing or certification to the Zoning Officer.
E.
The group home shall register, in writing, its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer.
F.
Any medical or counseling services shall be limited to a maximum
of three nonresidents per day. Any staff meetings shall be limited
to a maximum of five persons per day.
G.
Parking areas shall be screened from view from neighboring properties located in a residential zone or properties that are available for residential use. Screening shall comply with § 135-299.
H.
If a group home is in an agricultural or residential district, an
appearance shall be maintained that is closely similar to nearby dwellings.
Home day-care services shall be subject to the following requirements:
A.
Home day cares shall only be permitted to operate out of a single-family
detached dwelling.
B.
Home day-care services shall be required to comply with all state
regulations as set forth by the Department of Public Welfare.
C.
Prior to issuance of a certificate of use and occupancy, the Township
Building Code Official shall perform an R3 housing inspection as required
by the Pennsylvania Uniform Construction Code.
D.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that passengers do not have to cross roadways or access
drives on or adjacent to the site.
Home improvement and building material sales shall be subject
to the following requirements:
A.
Home improvement and building material sales uses shall be required to meet all regulations of § 135-256 in addition to the requirements of this section.
B.
All outdoor storage and display areas (exclusive of nursery and garden stocks) shall be screened from adjoining streets and properties. The screen shall comply with § 135-299.
C.
All exterior retail sales areas shall include a dust-free surface
and shall be completely enclosed within a minimum six-foot-high fence.
Chain link fencing shall not be utilized unless the fence is screened
with evergreen plantings of equal height.
D.
Any drilling, cutting, sawing, mixing, crushing, or some other preparation
of building materials, plus any testing or repair of motorized equipment,
shall be conducted within a completely enclosed building.
A.
Home occupations shall comply with the following requirements:
(1)
The use shall be conducted primarily by a permanent resident
of the dwelling, and involve a maximum of two persons working on site
who do not reside within the dwelling.
(2)
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
(3)
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
(5)
The use shall not require delivery by tractor-trailer trucks.
(6)
Not more than two trucks related to the home occupation shall
be parked on the lot or on an adjacent street. No truck shall exceed
12,000 pounds' aggregate gross vehicle weight, except that a tractor
of a tractor-trailer combination may be permitted if necessary for
its operator to return home and if it is parked a minimum of 50 feet
from any dwelling other than the operator's dwelling.
(7)
No equipment shall be permitted that produces noise, noxious
odor, vibration, glare or electrical or electronic interference perceptible
on another property. Only types of machinery typically found in a
dwelling for domestic or hobby purposes shall be permitted. The use
shall not involve the storage or use of hazardous, flammable or explosive
substances, other than types and amounts typically found on a residential
property.
(8)
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
(9)
Any tutoring or instruction shall be limited to a maximum of
12 students per day.
(10)
A barber- or beauty shop shall not include any nonresident employees,
except that one shall be permitted if the lot has a lot area greater
than 20,000 square feet.
(11)
The main office of a medical doctor, chiropractor or dentist
shall not be permitted as a home occupation.
(12)
The Zoning Hearing Board shall deny a general home occupation
application if the Board determines the use would be too intense for
the proposed location. In making such determination, the Board shall
review the likely amounts of traffic and the types of operations involved.
(13)
The use shall not involve manufacturing, other than of custom
crafts and sewing.
(14)
The use shall not involve on-site retail sales of products,
except as clearly accessory to an approved barbershop or similar on-site
service. The use may include sales using telephone, mail order or
electronic methods.
(15)
A use and occupancy permit shall be required for any home occupation.
(16)
A maximum of one home occupation that involves persons routinely
visiting the site for business purposes shall be permitted in one
dwelling unit.
B.
No-impact home-based businesses shall comply with the following requirements:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
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.
(6)
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.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
Horse boarding facilities; including riding schools, academies
and/or private riding clubs shall be subject to the following requirements:
A.
The minimum lot area shall be 10 acres.
B.
No more than five horses per acre of land shall be permitted to be
boarded on the property.
C.
Any barn, stable, or corrals shall be located a minimum of 100 feet
from any lot line and 200 feet from any dwelling, other than the dwelling
of the owner of the animals.
D.
All outdoor running areas, training, or pasture areas shall be enclosed
with a minimum six-foot-tall fence to prevent the escape of any animals.
The fencing details should be submitted with the special exception
application. The fence shall not be permitted to be a chain-link-type
fence, unless evergreen plantings equal in height to the fence or
proposed to fully screen the fence from view from neighboring properties.
Such areas shall be at least 25 feet from neighboring properties.
E.
The applicant must provide a written plan or other evidence of the
methods to be used to ensure that all animal wastes shall be regularly
cleaned up and properly disposed of to prevent odors and unsanitary
conditions.
F.
Veterinary facilities limited to the care of horses on site may be
permitted as long as the facilities maintain the appearance of an
agricultural building.
G.
Any organized horse shows shall comply with the following regulations:
(1)
Prior to holding an organized horse show, applicant shall be
required to obtain a special event permit under the regulations of
Resolution No. 09-2011, or any subsequent amendments.
(2)
All tents or other temporary structures shall comply with all setback regulations for principal buildings in § 135-84.
(3)
All waste, trash and rubbish, tents and temporary structures,
and any other displays or exhibits that resulted from the horse show
shall be removed from the property within 24 hours after the horse
show has ended.
(4)
Overflow parking areas may be on grass surface areas of the
lot. The grass surface area which is to be used for overflow parking
shall be kept in suitable grass cover and shall not be allowed to
degrade to an erodible condition. In the event any portion of the
overflow parking area is disturbed, the areas shall be reseeded or
planted with sod to ensure the area remains grass surface. Such planting
shall occur within one week after the show has ended. Overflow parking
areas shall be enclosed by a temporary barrier fence to prevent the
flow of traffic across property lines, all such fences shall be removed
within one week of a horse show ending. Overflow parking areas shall
be set back at least 25 feet from side and rear property lines.
(5)
In no case, shall parking be permitted on an adjoining lot,
or in a location that would require visitors to the horse show to
have to cross a public road.
(6)
All driveway locations must be permitted under applicable state
or local regulations, depending who has jurisdiction over the street.
Hospitals shall be subject to the following requirements:
A.
Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access, for emergency management equipment. Applicant shall be responsible for demonstrating compliance with this requirement by submitting a traffic study meeting the requirements of Chapter 119, Subdivision and Land Development, at the time of submittal for a special exception application. Applicant shall also submit plans or other documents depicting the anticipated internal vehicular traffic movements to demonstrate that there will be no conflict between emergency vehicles, other vehicular traffic and pedestrian traffic.
B.
Adequate provision shall be made for the collection, disposal and/or
recycling of garbage, trash and medical and/or hazardous waste. Such
areas shall be set back at least 50 feet from adjoining property boundaries
and shall be screened from view.
C.
The subject property shall contain no less than ten contiguous acres.
D.
The subject property shall front on and gain access from an arterial
or collector road.
E.
Adequate provisions shall be made for establishing and maintaining
a campus or park-like character.
F.
A hospital shall not include any use that meets the definition of
a treatment center, as defined by this chapter.
Industrial parks shall be subject to the following requirements:
A.
Individual uses may be located in detached and attached structures
and shall include only those uses that are permitted as of right or
by special exception within the district the industrial park is proposed.
B.
The dimensional requirements shall be as follows:
C.
At least 70% of the total floor area of the industrial park shall
be utilized for industrial uses.
D.
Accessory outside storage or display of materials, goods or refuse
is not permitted within the industrial park.
E.
All uses within the industrial park shall take access from an interior
roadway. Access for the industrial park shall be from an arterial
or collector street.
F.
All parking and loading facilities shall be located to the rear or
side of buildings.
G.
Interior roadways shall have street trees set on forty-foot centers.
H.
The applicant shall submit a plan for the overall design and improvements
of the industrial park.
Junkyards shall be subject to the performance standards contained in §§ 135-250 and 135-326 are met and shall also be subject to the following requirements:
A.
No junk shall be stored closer than 300 feet to an existing dwelling
unless the junk is stored in completely enclosed buildings, in which
case such building may be located no closer than 100 feet to an existing
dwelling.
B.
No junk shall be stored closer than 100 feet to the legal right-of-way
of any public street.
C.
All additional requirements of the Township, state and federal governments
shall be met.
D.
No material shall be placed in any junkyard in such a manner that
it is capable of being transferred out of the junkyard by wind, water
or other natural causes.
E.
The boundaries of any junkyard shall at all times be clearly delineated.
F.
All paper, rags, cloth and other fibers, and activities involving
the same, other than loading and unloading, shall be within completely
enclosed buildings.
G.
The land area used for junkyard purposes shall not be exposed to
public view from any public street or road by virtue of its location
on a hillside or location on a plateau below street level.
H.
The junkyard shall be entirely enclosed by a sight-tight fence or
wall, at least eight feet but no more than 10 feet high, constructed
of wood, brick, or other masonry-type materials, with access only
through solid gates. Such fence or wall shall be kept in good repair
and neatly painted in a uniform, inoffensive color (i.e., brown, white,
gray or similar).
I.
The contents of the junkyard shall not be placed or deposited to
a height greater than the height of the fence or wall herein required.
J.
The fence or wall shall be situated no closer to any street or property line than 50 feet. Between the fence or wall and the street or property line, landscaping strips and screens, compliant with § 135-299 shall be installed. At a minimum, such plantings shall include one deciduous tree (one-and-one-half-inch caliper minimum) at an average of one tree per 40 linear feet of buffer area and one evergreen tree or shrub or one deciduous shrub (three feet minimum height) per 20 linear feet of buffer area.
K.
All materials shall be stored in such a manner as to prevent the
breeding or harboring of rats, insects or other vermin. When necessary,
this shall be accomplished by enclosure in containers, raising of
materials above the ground, separation of types of materials, prevention
of collection of stagnant water, extermination procedures or other
means.
L.
No burning shall be carried out in any junkyard. Fire shall be prevented
and hazards avoided by organization and segregation of stored materials,
with particular attention to the separation of combustibles from other
materials and enclosure of combustibles where necessary, by the provision
of adequate aisles for escape and fire-fighting and by other necessary
measures.
M.
Discarded automobile tires shall be stored in such a manner so that
stagnant water and the breeding of insects shall not be permitted.
[Amended 8-15-2016 by Ord. No. 305-2016]
Kennels and animal adoption centers as a principal use and kennels
and animal adoption centers as a use accessory to a veterinary facility
shall be subject to the following requirements:
A.
No more than five animals per acre of land shall be permitted to
be boarded on the property.
B.
The applicant shall present evidence that the proposed facility will
comply with all applicable laws and regulations concerning the housing
of animals, including but not limited to the Dog Law, 3 P.S. § 459-101
et seq. and the regulations of the Pennsylvania Department of Agriculture.
C.
All outdoor running and play areas shall be enclosed with a minimum
six-foot-tall fence to prevent the escape of any animals. The fencing
details should be submitted with the special exception application.
The fence shall not be permitted to be a chain-link-type fence, unless
evergreen plantings equal in height to the fence are proposed to fully
screen the fence from view from neighboring properties. All outdoor
running and play areas shall be set back at least 50 feet from neighboring
properties.
D.
No animal shall be permitted to be permanently kept outside of an
enclosed structure. The enclosed structures that house the animals
shall be a minimum of 50 feet from neighboring properties.
E.
The exterior walls of the structure that house the animals shall
sufficiently be soundproofed to prevent excess noise from leaving
the structure. Specifications of the soundproofing materials shall
be submitted at the time of application for a special exception.
F.
The applicant must provide a written plan or other evidence of the
methods to be used to ensure that all animal wastes shall be regularly
cleaned up and properly disposed of to prevent odors and unsanitary
conditions.
[Amended 8-15-2016 by Ord. No. 305-2016; 4-17-2017 by Ord. No. 312-2017]
When permitted as of right or by special exception, landscape
businesses and sales shall be subject to the following requirements:
Lumber-, coal- and fuel oil yards shall be subject to the following
requirements:
A.
All yards shall contain a landscape strip and screen around the perimeter of the property. Landscape strips and screens shall contain such materials as required by § 135-299.
B.
All exterior storage areas shall be set back at least 50 feet from
any adjoining street right-of-way line and 100 feet from any lands
within an agricultural or residential zoning district, or that are
available for residential use.
Machine, welding and small engine repair shops shall be subject
to the following requirements:
Manure storage facilities shall be an accessory use to a farm,
subject to the following requirements:
A.
Manure storage facilities shall be designed in compliance with the
guidelines outlined in the document prepared by the DEP, entitled
Manure Management for Environmental Protection, Bureau of Water Quality
Management, and or its revisions, supplements, and replacements thereof.
B.
The applicant shall provide written approval from the Lancaster County
Conservation District that the waste storage facility has been designed
in accordance to the applicable rules and regulations and that any
associated permit has been secured.
C.
The applicant shall provide written certification from a Pennsylvania
registered engineer that the manure storage system design shall prevent
the discharge of manure or contaminate water under all weather conditions
up to the twenty-five-year, twenty-four-hour storm, and shall be in
accordance with PA-313/PA-634.
Medical and dental clinics and professional offices of accountants
and lawyers shall be subject to the following requirements when permitted
by special exception:
A.
The minimum lot size shall be one acre.
B.
All buildings shall be set back at least 40 feet from the street
right-of-way line and at least 50 feet from all property lines.
C.
Not more than three professionals shall maintain offices on the property,
and not more than two employees per professional shall be permitted.
D.
Parking areas shall be set back at least 25 feet from any land within a residential zone, or land that is available for residential use and screened from view from neighboring properties. Screening shall be installed, maintained and contain such materials as required by § 135-299.
E.
All buildings shall maintain a residential appearance. This requirement
shall not prohibit any alterations that may be required under the
Uniform Construction Code relative to fire escape or other public
safety requirements identified by any applicable state regulations.
F.
No professional office building shall be located within 500 feet
of any other professional office building in the R-2 or R-3 District.
[Amended 6-17-2019 by Ord. No. 319-2019]
A.
Storage may be provided to individuals
for storage of personal goods and their vehicles. Storage may be provided
to industrial or commercial occupants for the sole purpose of material
storage. No retail sales, garage sales, auctions, or commercial and
industrial processes are permitted in a storage unit or the surrounding
premises.
C.
The minimum separation distance between
buildings shall be 26 feet.
D.
The storage facilities complex shall be
surrounded by a fence at least six feet in height. Slats in a chain-link
fence are prohibited.
E.
Outdoor storage of vehicles, boats, trailers
and recreational vehicles is permitted if the vehicles or boats are
within the fenced area and are located within areas designated for
this purpose.
F.
Each structure shall not exceed 8,000 square
feet in size.
G.
The following uses are permissible by the
operator when conducted accessory to a miniwarehouse facility:
(1)
Sales and rental of items that are
customarily associated with a storage use, including, but not limited
to, boxes, locks, packaging materials, document shredding and other
materials and equipment used to secure, contain, handle, transport,
dispose of and store belongings.
(2)
Rental of trucks, tow dollies, trailers,
and auto transports.
H.
There shall be no storage of explosive,
toxic, radioactive or flammable materials.
I.
Lighting facilities shall be provided and arranged
in a manner which shall protect the highway and neighboring properties
from any direct glare or hazardous interference of any kind.
A.
A permit to construct or make alterations to a manufactured home
park that would result in additional manufactured home pads than what
were previously approved by the Township, shall be issued only after
a plan has been filed with and approved by the Zoning Hearing Board.
The Board shall require that the surrounding area be satisfactorily
protected by plantings or other suitable buffer or screening arrangements.
B.
Each manufactured home park shall contain a minimum of five acres.
C.
The maximum density of manufactured homes shall be five manufactured
homes per acre.
D.
Each manufactured home lot shall have a minimum area of 6,500 square
feet.
E.
Each manufactured home lot shall be at least 50 feet wide.
F.
There shall be a minimum of 24 feet between manufactured homes.
G.
No manufactured home shall be closer to the street right-of-way line of a public street than the minimum requirements set forth in this chapter under § 135-301.
H.
All buildings shall be set back a minimum of 50 feet from exterior lot lines. A landscape strip and screen that is a minimum of 25 feet wide shall be planted in accordance with § 135-299 and shall include no buildings and no parking.
I.
All roads in the manufactured home park shall be private driveways, shall be lighted and shall be paved with a bituminous or concrete surface in accordance with the requirements of § 135-299.
J.
Each manufactured home lot shall abut on a park driveway with access
to such driveway. Access to all manufactured home lots shall be from
the driveways and not from public streets or highways.
K.
Each manufactured home lot shall contain no more than one manufactured
home nor more than one family.
L.
Service and accessory buildings located in a manufactured home park
shall be used only by the occupants and guests of the manufactured
home park.
M.
Each manufactured home lot shall be provided with a minimum of two
off-street parking spaces with an all-weather surface.
N.
Each manufactured home park shall be established, maintained, conducted and operated in strict compliance with the rules and regulations of DEP, as the same may be supplemented or amended from time to time, and in strict compliance with the provisions of Chapter 119, Subdivision and Land Development, governing manufactured home parks to the extent such provisions are not superseded by this chapter.
Nightclubs shall be subject to the following requirements:
A.
No part of the subject tract of land shall be closer than 200 feet
to any agricultural or residentially zoned lands or land that is available
for residential use.
B.
Any applicant proposing a nightclub shall submit sufficient evidence
to the Zoning Hearing Board indicating that such use will not be detrimental
to the use of neighboring properties due to hours of operation, light
and/or litter.
C.
Under no circumstances shall litter be permitted to accumulate on
the exterior premises of the subject tract.
D.
Any applicant proposing a nightclub use shall submit sufficient evidence
to the Zoning Hearing Board indicating that such use will not be a
nuisance to surrounding properties due to noise or loitering outside
the building.
E.
Side and rear yards shall contain a landscape strip and screen. Such landscape strip and screen shall be installed, maintained and contain such materials as required by § 135-299.
F.
Adult-oriented businesses shall not be permitted to be located within
a nightclub use.
When permitted by special exception, nursing or personal care
homes shall comply with the following requirements:
A.
The minimum lot size shall be two acres, except in the IN district
where the minimum tract size shall be 10 acres.
B.
The applicant shall furnish evidence that an approved means of sewage
disposal and a potable water supply in sufficient quantity will be
provided.
C.
All nursing or personal care homes shall front on and have access to an arterial or collector street, as identified in § 135-301.
D.
Buildings shall be set back 50 feet from any land within a residential district or a property available for residential use. Parking lots shall be set back at least 25 feet from any adjoining land within a residential zone or property that is available for residential use. The parking lot shall be screened from view from adjoining lands within a residential zone; landscape screens shall be installed, maintained and contain such materials as required by § 135-299.
Office parks shall be subject to the following requirements:
A.
Individual uses may be located in detached and attached structures.
The following uses shall be permitted within the office park:
B.
The dimensional requirements shall be as follows:
C.
Public sewer and water service shall be provided.
D.
At least 70% of the total floor area of the office park shall be
utilized for office uses.
E.
Accessory outside storage or display of materials, goods or refuse
is not permitted within the office park.
F.
All uses within the office park shall be accessed from an interior
street. Access for the office park shall be from an arterial or collector
street.
G.
All parking and loading facilities shall be located to the rear or
side of buildings.
H.
Interior roadways shall have street trees set on forty-foot centers.
I.
The applicant shall submit a plan for the overall design and improvements
of the office park.
J.
A restaurant may be permitted as accessory to an office park in accordance
with the following requirements:
(1)
The restaurant shall be located within a building in which offices
are located.
(2)
The building in which a restaurant is located shall be at least
200 feet from any adjacent residential or rural zoned property.
(3)
No more than 10% of the floor area of the building shall be
used for the restaurant.
(4)
No drive-in or drive-through service shall be permitted.
K.
A day-care facility may be permitted as an accessory to an office
park in accordance with the following requirements:
The following standards shall apply to solid waste facilities
and recycling centers, mineral extraction and junkyards within the
Township. The specific dimensional criteria hereunder shall control
where the same are inconsistent with the dimensional criteria found
in the specific zoning district regulations.
A.
No use shall emit fumes or gases that constitute a health hazard
as defined by the United States Environmental Protection Agency or
other appropriate regulatory agency.
B.
No use shall produce heat or offensive glare perceptible at or beyond
the property line.
C.
No use shall produce any physical vibrations perceptible at or beyond
the property line.
D.
The production or storage of any material designed for use as an
explosive which has the potential to endanger surrounding properties
is prohibited.
E.
No use shall discharge any untreated effluent or leachate constituting
a health risk or a risk of pollution of ground- or surface waters
by virtue of its composition and/or concentration.
F.
No use shall discharge any effluent which will raise the temperature
of any stream or creek more than 5° F. above normal at a point
10 feet downstream of the discharge.
G.
No use shall cause the sound level beyond its property lines to exceed
the background level prior to commencement of operations by more than
5%.
H.
No use shall unduly disturb bodies of water, watercourses or wetlands
or jeopardize the water supply of adjacent landowners.
I.
No structures, parking or storage area shall be located closer than
100 feet to any property line.
J.
There shall be a buffer of at least 100 feet from the property line
and any pit, ditch, quarry, area of waste disposal or junk storage.
K.
There shall be screening as a barrier to visibility, which shall
be composed entirely of trees, shrubs or other plant materials. Plant
materials used in the screen planting shall be at least four feet
in height when planted and of such species as will produce, within
two years, a complete visual screen of at least eight feet in height.
The screen planting shall be permanently maintained, and any plant
material which does not live shall be replaced within one year. The
screen planting shall be so placed that, at maturity, it will not
be closer than three feet to any street or property line. A clear
sight triangle shall be maintained at all private accessways and all
private and public street intersections. The screen plantings shall
be broken only at points of vehicular or pedestrian access.
L.
The operator of the use shall permit the Township to monitor all
emissions, effluents, odors and noise on site at all stages of operation
on a twenty-four-hour basis.
M.
The operator of the use shall comply with all applications regulations
of the DEP, the Environmental Protection Agency and any other applicable
agency and with all federal, state, county and Township laws in the
operation of the use.
N.
The operator of the use shall limit access to the site to those posted
times when an attendant is on duty. In order to protect the public
health and welfare, the use shall be protected by fences, gates or
other means to deny access at unauthorized times or locations.
O.
The operator of the use shall maintain and make available to the
public at its offices all permits and approved plans required by all
governmental regulatory agencies having jurisdiction over the permitting,
operation, maintenance and/or reclamation of such a facility.
P.
Any certificate of use and occupancy for such a facility shall initially
be temporarily issued and shall be conditioned upon the applicant
operating in compliance with the foregoing standards. The site shall
be inspected by the Township Engineer or another agent of the Township
after such time as is set forth in the decision of the Zoning Hearing
Board which authorized the special exception to permit the use or
not later than one year after issuance of the temporary use and occupancy
permit if no time is so fixed. The purpose of the inspection shall
be to ensure compliance with these standards and other applicable
standards. If the site is in compliance, a permanent use and occupancy
permit shall be issued. If the site is not in compliance, the temporary
use and occupancy permit shall be revoked and all operations shall
cease until compliance is attained.
Places of worship shall be subject to the following requirements:
A.
The minimum lot area shall be two acres.
B.
Building setbacks shall be as required by the zoning district in
which the place of worship is to be located, except that all buildings
shall be set back at least 50 feet from any adjoining land within
a residential zone or land available for residential use.
C.
Any driveway that will serve the parking areas of a place of worship that is in excess of 20,000 square feet shall have direct access to a road that is classified as a collector or arterial roadway as indicated in § 135-301 or on the Township Official Map.
D.
Parking and loading areas shall be set back as required by the zoning district in which the place of worship is to be located, except that all parking and loading areas shall be set back at least 25 feet from any land within a residential district or land that is available for residential use. When adjacent to a residential district, or property that is available for residential use, parking and loading areas shall be surrounded by a landscape strip and screen that is installed, maintained and contain such materials as required by § 135-299.
E.
Passenger dropoff and pick up areas shall be designed so as to prevent
traffic congestion on public roads at points of ingress and egress
to the place of worship. A common parking area or other means of pull-off
shall be provided and be acceptable to the Township for the purpose
of passenger dropoff or pickup. Passenger dropoff and pickup areas
shall be arranged so that there will be no interference with the interior
traffic circulation to other facility parking areas. Passenger dropoff
and pickup areas shall be provided and arranged so that parishioners
do not have to cross traffic lanes on or adjacent to the site.
F.
Rectories and covenants shall comply with the following:
(1)
All residential uses shall be accessory to the place of worship,
and located upon the same lot or directly adjacent lot containing
the place of worship.
(2)
All residential uses shall comply with the location, height
and bulk standards imposed upon other residences within the lot's
zoning district.
G.
Church-related educational facilities or day-care facilities shall
comply with the following:
(1)
All educational or day-care uses shall be accessory, and located
within the same building as the place of worship.
(2)
Any outdoor play and recreation areas shall be set back at least
25 feet from any adjoining land within a residential zone or lot that
is available for residential use. The play and recreation areas shall
be appropriately fenced or otherwise screened to prevent errant objects
from leaving the site onto adjoining properties or roadways. Chain
link fences shall not be permitted unless they are fully screened
from view by evergreen plantings of equal or greater height than the
fence.
(3)
Unless the applicant can demonstrate that the off-street parking
associated with the place of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10, and/or one off-street parking space for each
three students enrolled in grades 10 or above.
H.
Church related recreational facilities, including, but not limited
to, social halls, community centers, pavilions and other buildings
commonly used for assembly shall comply with the following:
(1)
All church-related recreational facilities shall be accessory
to, and be located upon, the same lot as the place of worship.
(2)
Church related recreational facilities shall be set back at
least 50 feet from any adjoining land within a residential zone or
lot available for residential use.
(3)
Unless the applicant can demonstrate that the off-street parking
associated with the place of worship is sufficient for the church-related
recreational facility, one off-street parking space shall be provided
for every three estimated users of the facility.
I.
Cemeteries shall comply with the following:
(1)
All gravesites shall be set back a minimum of 10 feet from any
property line and a minimum of 20 feet from any street right-of-way
line.
(2)
In no case shall any use relating to a cemetery be located within
the 100 year floodplain of an adjacent watercourse.
(3)
The cemetery facilities shall be owned and maintained in a manner
to insure its preservation. The developer shall provide for and establish
an organization for the ownership and maintenance of the cemetery,
in a form acceptable to the Township Solicitor.
Private recreational facilities shall subject to the following
requirements:
A.
The use shall involve a minimum lot area of two acres for a clubhouse,
and eight acres for any other type of recreation use.
B.
The use shall be primarily outdoors, although indoor recreation and
clubhouse facilities may be permitted in conjunction with outdoor
recreation facilities. In all cases, the building area of all buildings
shall be less than the area devoted to outdoor recreational activities.
In determining the area devoted to outdoor recreational activities,
off-street parking areas and stormwater management facilities shall
not be included.
C.
Outdoor activities shall not operate between the hours of 11:00 p.m.
and 7:00 a.m. in a manner that generates noise beyond the property
lines, except for overnight camping and parking of recreational vehicles.
D.
The use shall not involve racing of motor vehicles, amusement parks,
or commercial recreational facilities.
E.
Any clubhouse shall meet the requirements of § 135-220, unless a more restrictive provision is established by this section.
F.
All new and expanded buildings and active outdoor recreation facilities
shall be set back a minimum of 50 feet from all lot lines. All off-street
parking shall be set back a minimum of 25 feet from any lot line or
street right-of-way line. In no case shall a new or expanded building,
an active outdoor recreation facility, a camping or recreational vehicle
area or an off-street parking area be located within 100 feet of an
existing dwelling on another lot, unless a written waiver is provided
by the owner of such dwelling.
(1)
If a lot occupied by a dwelling in a residential district is
adjacent to or across the street from the use, then landscape screening
shall be provided along such lot line. Such screening may involve
the preservation of existing trees and other desirable vegetation.
(2)
New plantings shall primarily involve evergreen trees and shrubs.
Part of the screening may be provided by landscaped berms. Such screening
shall be capable of providing a ground level visual screen at least
six feet in height within four years after planting.
G.
A maximum of 15% of the total lot area(s) of the development shall
be covered by impervious surfaces and areas used for parking of recreational
vehicles.
H.
Food service and concession facilities may be provided when clearly
secondary and incidental to the recreational use of the property.
Such facilities shall not be separately identified on any signage
visible from the property lines.
I.
Any area used for the parking of recreational vehicles shall be set
back a minimum of 80 feet from all exterior lot lines. Any area used
for any other vehicle parking shall be set back a minimum of 25 feet
from exterior lot lines.
J.
The applicant shall prove to the satisfaction of the Zoning Hearing
Board that the use will have its primary vehicle access onto a road(s)
that is suitable to accommodate the resulting traffic.
K.
The applicant shall prove to the satisfaction of the Zoning Hearing
Board that appropriate traffic control and other measures will be
utilized to control litter, noise, dust, glare and other nuisances
from the use.
L.
The Board may permit parking for occasional peak demand periods to
be located on a grass or gravel area. Such overflow parking area shall
be accessible only from the interior driveways of the permanent parking
lot. Overflow parking areas shall include fencing to prevent vehicles
from crossing adjoining properties or accessing roads at unauthorized
locations.
M.
Any method of collecting fees for admission or parking shall be designed
and conducted in a manner that prevents backups of vehicles onto adjoining
roads.
N.
One freestanding business sign shall be permitted per adjacent street.
Such sign shall not be internally illuminated, shall have a maximum
total height above the ground level of 10 feet, and shall have a maximum
sign area of 40 square feet on each of two sides. In addition, the
use may include signs necessary for internal use, provided that such
signs are not intended to be readable from a public street or another
lot.
O.
A pro shop or similar retail facility devoted to sporting goods and
apparel may be provided when clearly secondary and incidental to the
recreational use of the property. Such facilities shall not be separately
identified on any signage visible from the property lines.
P.
A conference center or similar meeting space shall be permitted as
an accessory use to the recreational facility. All conferences, meetings
or events held at such conference center or meeting area shall be
associated with the recreation facility. Such conference center or
meeting area shall not be available for lease to persons or organizations
not associated with the recreation facility.
Q.
Overnight lodging for persons attending recreational programs only
when secondary and accessory to a private recreation facility shall
be a permitted accessory use. No person shall be permitted to use
such overnight lodging facilities who is not registered for a conference,
meeting or educational program being held at the recreation facility.
R.
Occupancy of a camp site by the same tenant shall be limited to no
more than 181 days during any calendar year. Every campground shall
have an office in which shall be located the person responsible for
operation of the campground. Such person shall maintain a daily registration
log of tenants; such registration log shall be maintained for each
calendar year;
S.
All water facilities, sewage disposal systems, rest rooms, solid
waste disposal, and vector control shall be approved and maintained
in accordance with the requirements of the DEP.
When permitted by special exception, public libraries shall
comply with the following requirements:
A.
The minimum lot size shall be two acres.
B.
The facility shall be served by public water and public sewer facilities.
C.
The use shall not be permitted to operate between the hours of 9:00
p.m. and 7:00 a.m.
D.
All buildings shall be set back at least 50 feet from any adjoining
land within a residential district or lot that is available for residential
use. Front yard setbacks shall comply with the zoning district in
which the use is located.
E.
Parking and loading areas shall be set back at least 25 feet from any land within a residential district, or lot that is available for residential use. Parking and loading areas shall be surrounded by a landscape strip and screen that is installed, maintained and contain such materials as required by § 135-299.
F.
Any outdoor play and recreation areas (including picnic areas or
pavilions) shall be set back at least 25 from any adjoining land within
a residential district or lot that is available for residential use.
The play and recreation areas shall be appropriately fenced or otherwise
screened to prevent errant objects from leaving the site onto adjoining
properties or roadways. Chain link fences shall not be permitted unless
they are fully screened from view by evergreen plantings of equal
or greater height than the fence.
Public and private schools and related uses, excluding vocational
schools, and dormitories, shall be subject to the following requirements:
A.
Building setbacks shall be in accordance with the zoning district
in which the public or private school is proposed, except that all
buildings shall be set back at least 50 feet from any adjoining land
within a residential zone or lot that is available for residential
use. Front yard setbacks shall comply with the zoning district in
which the use is located.
B.
Any access drive that will serve for passenger dropoff and pickup shall have direct access to a road that is classified as a collector or arterial roadway as indicated in § 135-301 or on the Township Official Map.
C.
All means of ingress and/or egress shall be located and designed
to accommodate traffic in a safe and efficient manner. Applicant shall
provide turning exhibits or other documents to demonstrate that all
vehicles intended to use the site can safely access the proposed ingress/egress
points for the school.
D.
All parking lots shall be set back in accordance with the regulations of the zoning district in which the school is located, except that parking and loading areas shall be set back at least 25 feet from any land within a residential district, or lot that is available for residential use. Parking areas shall be screened from view when adjacent to a residential zone or lot that is available for residential use. Screening shall be in accordance with § 135-299.
E.
Passenger dropoff and pick up areas shall be designed so as to prevent
traffic congestion on public roads at points of ingress and egress
to the school. A common parking area or other means of pull-off shall
be provided and be acceptable to the Township for the purpose of passenger
dropoff or pick up. Passenger dropoff and pickup areas shall be arranged
so that there will be no interference with the interior traffic circulation
to other facility parking areas. Passenger dropoff and pickup areas
shall be provided and arranged so that students do not have to cross
traffic lanes on or adjacent to the site.
F.
Any outdoor play and recreation areas shall be set back at least
25 feet from any adjoining land within a residential district or lot
that is available for residential use. The play and recreation areas
shall be appropriately fenced or otherwise screened to prevent errant
objects from leaving the site onto adjoining properties or roadways.
Chain link fences shall not be permitted unless they are fully screened
from view by evergreen plantings of equal or greater height than the
fence.
When permitted, drive-through facilities shall be subject to
the following regulations:
A.
The minimum lot size shall be one acre.
B.
A vehicle stacking lane area shall be provided which shall have stacking
room for at least six vehicles for restaurant uses and at least three
vehicles for retail and financial institutions.
C.
Vehicle stacking lanes shall be separated from other vehicle circulation
lanes and parking areas and the stacking area shall not be counted
towards the required parking.
D.
Vehicle stacking lanes shall be set back at least 15 feet from the
ultimate street right-of-way and shall not be located within a required
yard setback.
E.
Any outdoor microphone and speaker system shall be so designed that
sound shall not be transmitted to adjoining properties.
F.
Location.
[Amended 6-15-2015 by Ord. No. 295-2015]
(1)
Drive-through windows designed to be on the rear- or side-facing
wall of a building are permitted.
(2)
The Zoning Hearing Board may permit drive-through windows on
the front-facing wall of a building by special exception, in accordance
with the following criteria:
(a)
A landscape strip and screen that is a minimum of 10 feet wide shall be planted and shall include evergreen trees, hedges, or shrubs. The landscape strip and screen shall be installed, maintained and contain such materials as required by § 135-299. Notwithstanding the requirements in § 135-299C(2), the screening shall be arranged so as to block the ground-level views between grade and a height of three feet.
(b)
An applicant shall be required to submit the proposed building's front face wall elevation as part of the special exception application, which elevation shall identify the proposed architectural detail and the number of proposed drive-through windows and which shall depict the screening required in Subsection F(1) above.
Retail stores and shopping centers containing a gross floor
area in excess of 10,000 square feet shall be subject to the following
regulations:
A.
General requirements.
(1)
The floor area of a retail store or shopping center that is
located in the C-1 Dstrict shall not exceed 50,000 square feet of
gross floor area.
(2)
Not more than 15% of the total development tract utilized for
a shopping center use shall be occupied by buildings.
(3)
Individual uses of a shopping center may be located in detached
and attached structures and shall include only uses permitted by right
or by special exception within the zoning district the shopping center
is to be located. Adult-oriented businesses, nightclubs, and manufactured
home parks shall not be permitted as part of a shopping center development.
(4)
The distance, at the closest point of any two building or groups
of units of attached buildings, shall not be less than 20 feet, unless
a more stringent separation requirement is specified in this chapter.
(5)
Retail stores and shopping centers furnishing shopping carts
or mobile baskets shall provide a definite area or areas on the site
for the storage of said items. Storage areas shall be clearly marked
and designated for the storage of shopping carts. If such spaces are
located within the parking areas, they shall not be counted toward
the required minimum off-street parking area.
(6)
Retail stores and shopping centers in excess of 50,000 square
feet of gross floor area shall be connected to and use public water
and public sewer. The applicant shall present evidence that sewer
and water capacity have been obtained or reserved from the applicable
provider.
(8)
Retail stores and shopping centers shall contain lighting facilities
for buildings, signs, accessways, and parking areas shall be provided
and arranged in a manner which will protect the highway and neighboring
properties from glare or hazardous interference of any kind.
B.
Buffer and landscaping requirements. Retail stores and shopping centers
that are in excess of 10,000 square feet of gross floor area shall
comply with the following buffer and landscaping requirements:
(1)
Buffer yards shall be provided along side and rear property
lines which are adjacent to a residential district. The buffer yards
shall have a width of 80 feet, measured from the side and rear property
lines. Required buffer yards may overlap any required yard; and in
the case of conflict, the larger yard requirement shall apply. The
buffer yard shall be planted with ground cover, trees and shrubs and
a landscape screen. The landscape screen shall consist of one row,
staggered, of mixed evergreen and deciduous trees, which shall be
at least six feet in height when planted and shall not be spaced more
than 10 feet apart on center, and two rows, staggered, of mixed broadleaf
and needle evergreen shrubs, which shall be at least three feet in
height when planted and shall not be spaced more than five feet apart
on center. The trees shall be of such species so as to attain a height
at maturity of not less than 20 feet. The shrubs shall be of such
species as to provide continuous screening from the ground to a height
of six feet at maturity. Deciduous plant materials shall comprise
no more than 30% of the number of plants in the buffer. Trees shall
be planted so that, at maturity, they shall not be closer than 10
feet to any property line.
[Amended 3-16-2015 by Ord. No. 293-2015]
(2)
Parking areas shall not be located within the side or rear buffer yards. A landscape strip and screen shall be provided around the perimeter of all parking areas adjacent to land within a residential district or land which is principally a residential use at the time of application. The landscape strip and screen shall be installed, maintained and contain such materials as required by § 135-299.
[Amended 3-16-2015 by Ord. No. 293-2015]
(3)
If the drainage swales or easements or basins interfere with the buffer or screening areas, the buffers or screens shall be placed further toward the interior of the lot to accomplish the intent of this § 135-256. All buffer areas and landscape areas shall be maintained and kept free of all structures, rubbish and debris. Required plant material located in these areas which become diseased or dies shall be replaced by the property owner in order to maintain the requirements of this § 135-256B.
C.
Traffic control, access and study requirements.
(1)
Any retail store or shopping center in excess of 30,000 square feet shall be required to contain at least two separate points of ingress and egress to the development tract. The development tract shall front on an arterial or collector street, as established by § 135-301 of this chapter.
(2)
All developers and/or applicants for a retail store or shopping center use that is in excess of 30,000 square feet of gross floor area shall submit a traffic impact study which meets the requirements of Chapter 119, Subdivision and Land Development. The study shall be presented to the Zoning Hearing Board at the time of special exception application.
(3)
A retail store or shopping center in excess of 50,000 square
feet of gross floor area shall provide an improved bus stop which
shall be conveniently accessible for patrons who would travel to and
from the site by bus. Such bus stop shall include a shelter, seating,
a waste receptacle, and at least one shade tree. The location of the
required bus stop shall be reviewed by and be acceptable to the Red
Rose Transit Authority. If service is currently unavailable along
the subject property, the applicant shall provide a cash escrow fund
in lieu of constructing the bus shelter or enter into an agreement
with the Township to install such bus shelter at the time bus routes
are added or changed to provide access to the retail or shopping center
use; such agreement shall be recorded at the Lancaster Recorder of
Deeds Office, shall be referenced on the land development plan and
shall be in a form acceptable to the Township Solicitor. An easement
area shall be designated on the plans for the future location of the
bus stop. The easement area shall be reviewed and be acceptable to
the Red Rose Transit Authority.
(4)
Any retail store or shopping center in excess of 50,000 square
feet of gross floor area that is located within one mile of a Route
283 interchange shall integrate a portion of the required off-street
parking spaces for public use as a park-and-ride facility. The facility
shall be readily identifiable and conveniently accessible to passing
motorists. At least 3% of the parking spaces provided for the use
shall be for public use as a park-and-ride area. The Zoning Hearing
Board may permit the required number of parking spaces to be provided
for public use as a park-and-ride area to be reduced by special exception
in accordance with the following criteria:
[Amended 6-15-2015 by Ord. No. 295-2015]
(a)
The applicant shall provide evidence, prepared by a traffic
engineer, justifying the proposed reduced number of park-and-ride
spaces, which shall include a study of the number of vehicles currently
utilizing areas in the vicinity of the Route 283 interchange closest
to the proposed retail store or shopping center as de facto park-and-ride
facilities.
(b)
Any such proposal for a reduced number of park-and-ride spaces
shall consider, in addition to the existing utilization of de facto
park-and-ride facilities, the annual traffic growth rate recommended
by PennDOT's Bureau of Planning and Research for the adjacent roadway
currently utilized as a de facto park-and-ride in determining the
appropriate number of spaces.
(5)
All retail stores and shopping centers shall contain pedestrian
walkways which shall provide safe and convenient pedestrian linkages
to any nearby residential-zoned properties and neighborhoods and other
commercial or industrial developments.
[Amended 3-16-2015 by Ord. No. 293-2015]
D.
Building design and architectural considerations.
(1)
All retail stores and shopping centers shall be constructed
in accordance with an overall plan and shall be designed as a single
architectural style with appropriate landscaping. Retail stores and
shopping centers that are located in the C-1 Dstrict shall contain
an architectural style that is reminiscent of the residential and
rural areas of the Township which are located in close proximity to
the C-1 Zoning District. A "Commercial Village" style of development
shall be utilized to the greatest extent possible in the C-1 District.
(2)
Whenever an individual building of 30,000 square feet of gross
leasable floor area or greater on the ground floor is proposed, the
applicant shall provide for all of the following building design elements:
(a)
The building shall not have a flat roof, unless it has a parapet
wall screening all mechanical equipment from public view along streets
and sidewalks; and
(b)
The length of the façade of any new building which exceeds
32 feet in length shall have vertical design elements, such as pilasters,
columns, piers, or recesses or projections of one to four feet, so
that no new vertical bay or section of a building façade exceeds
32 continuous feet in length.
E.
Design incentives for shopping centers.
(1)
Purpose and intent. In accordance with § 603(c)(6)
of the MPC,[1] this § 135-256E provides an optional set of design standards that can be applied to shopping centers which increase the permissible density. These optional design standards seek to achieve a "Main Street Environment" that is pedestrian oriented. All of the design standards are vital if this environment is to be achieved. Should developers opt to utilize these standards, the opportunity for substantial density bonuses exist, and are, therefore, considered voluntarily self-imposed by prospective developers, but are enforceable by the Township. The substantial density bonuses have been provided to offset the increased costs of providing a "high-quality" development that features aesthetically appealing building and streetscape design with authentic construction materials (e.g., stone, brick, wood, slate), abundant and diverse native landscape materials, and other streetscape and public amenities often overlooked within contemporary suburban shopping centers.
[1]
Editor's Note: See 53 P.S. § 10603(c)(6).
(2)
Purposes and goals. In addition to the purposes and community development objectives identified in Article II of this chapter, the following purposes shall apply to this § 135-256E:
(a)
Enhance the existing commercial areas with additional amenities
and improvements to the streetscape and design of commercial buildings.
(b)
Provide multi-modal transportation opportunities including mass
transit facilities, pedestrian trail connections and sidewalk connections.
(c)
Encourage a mix of uses with a focus on shopping and retail
with community facilities including, green spaces, plazas, promenades
and other gathering places.
(d)
Foster a commercial-village or main street type of environment
and not strip commercial development.
(e)
Devise techniques to limit and/or tame big-box retail uses so
they do not dominate the remaining landscape of the commercial areas
of the Township.
(3)
This § 135-256E has different land use and design requirements from those contained in this and other ordinances of the Township. To the extent the regulations within this section differ (are more or less restrictive) from others, those within this section shall govern. However, all other provisions for retail stores and shopping centers identified in § 135-256, and any other applicable Township ordinance provision that is not specifically addressed by this section shall remain in full affect. The developer shall state his/her intent to utilize these optional design guidelines at the time of submitting an application for special exception approval for a shopping center.
(4)
Developers may choose to implement any or all of the design incentives in this § 135-256E. Specific incentives are available for each item that is utilized.
(5)
A manual of written and graphic design guidelines shall be prepared
by all applicants to detail the streetscape, landscape, and building
design features of any development utilizing the optional design standards
of this section. This manual shall be presented to the Zoning Hearing
Board with the application for a special exception.
(6)
Streetscape details. Developments that comply with all of the
following requirements shall be eligible to increase the maximum impervious
coverage by an additional 5%. A developer desiring to use the streetscape
design incentive must present evidence to the Zoning Hearing Board
as part of the special exception application that the developer will
meet all of the following requirements for the design incentive:
(a)
Sidewalks.
[1]
Sidewalks shall be provided parallel to the street right-of-way.
If a new street is proposed that divides the subject property, or
the developer owns an adjacent lot across an existing street from
the subject property, sidewalks shall be constructed on both sides
of the street.
[2]
All sidewalks that provide access to storefronts shall be at
least eight feet in width; all other sidewalks shall be a minimum
width of five feet in width. Outdoor seating for cafes should be limited
to patios or plazas or otherwise situated that a four-foot clearance
width on sidewalks will be provided.
[3]
All sidewalks shall be constructed of either brick, stone, precast
ornamental concrete pavers, poured-in-place concrete, or patterned
poured concrete.
[4]
When constructed of poured-in-place concrete, control joints
shall be provided at intervals no greater than 36 inches. All concrete
sidewalk surfaces shall be divided across their width into at least
two sections formed by control joints. The primary surface of concrete
shall have a broom finish and an area two inches in width, parallel
to the control joints, shall have a smooth-troweled finish.
(b)
Planting strips. Planting strips shall be provided parallel
to the street right-of-way between the required concrete curb and
sidewalk. Planting strips shall be a minimum of five feet wide and
shall include a variety of seasonal plantings and street trees in
accordance with the following requirements:
[1]
Street trees shall be provided at regular intervals along the
street right-of-way, including any internal streets and access drives
to the development.
[2]
One street tree shall be provided for every 50 linear feet of
lot frontage abutting each side of a right-of-way.
[3]
Street trees, at the time of planting, shall be no less than
three to 3 1/2 inches in caliper and shall be in accordance with
the latest edition of the American Standard for Nursery Stock of the
American Association of Nurserymen.
[4]
All street trees shall be one of the following species or cultivars:
[a]
Acer rubrum - Red Maple.
[b]
Acer Saccharum "Green Mountain" - Green Mountain
Sugar Maple.
[c]
Acer Saccharum "Legacy" - Legacy Sugar Maple.
[d]
Fraxinus pennsylvanica "Newport" - Newport Green
Ash.
[e]
Fraxinus pennsylvanica "Patmore" - Patmore Green
Ash.
[f]
Gleditsia tricanthos inermis - Thornless Common
Honeylocust.
[g]
Platanus x acerifolia - London Planetree.
[h]
Quercus imbricaria - Shingle Oak.
[i]
Quercus phellos - Willow Oak.
[j]
Quercus rubra - Northern Red Oak.
[k]
Tilia codata - Littleleaf Linden.
[l]
Tilia tomentosa - Silver Linden.
[m]
Ulmus parvifolia - Lacebark Elm.
[n]
Zelkova serrata - Japanese Zelkova.
(d)
Pedestrian crosswalks.
[2]
Pedestrian crosswalks shall be no less than six feet in width.
[3]
Pedestrian crosswalks shall conform to PennDOT specifications.
[4]
If the pedestrian crosswalk is at an intersection controlled
by a traffic signal, pedestrian signals shall be installed and maintained
to help ensure pedestrian safety.
(e)
Pedestrian-scaled, ornamental streetlights along new streets
and accessways.
[1]
Pedestrian-scaled, ornamental streetlights shall be provided
at regular intervals along both sides of any internal street, access
drive and pedestrian walkways within the proposed development.
[2]
One pedestrian-scaled, ornamental streetlight shall be provided
for every 100 to 150 linear feet of parcel frontage abutting each
side of a right-of-way.
[3]
Pedestrian-scaled, ornamental streetlights, when installed,
shall be no taller than 20 feet measured from the mounting surface
to the top of the fixture.
[4]
Pedestrian-scaled, ornamental streetlights, when installed,
shall be at least 12 feet in height measured from the mounting surface
to the top of the fixture.
[5]
Pedestrian-scaled, ornamental streetlights fixtures shall be
Spring City Electrical Manufacturing Company, Villa model, or approved
equal.
[6]
Pedestrian-scaled, ornamental streetlights shall have a matte
black finish.
(f)
Benches. Benches shall be provided along all streets and pedestrian
walkways that are adjacent to storefronts and are intended to increase
pedestrian activity and enhance the character of the town center development.
One bench shall be provided for every 200 feet of linear street or
pedestrian way that provides access to storefronts in the development.
Benches need not be evenly distributed throughout the development.
(g)
Building setbacks from streets. Building walls that front along
an internal street or access drive of the development may be permitted
to front against the edge of the street or access drive as long as
the minimum separation distance between building walls on both sides
of the street is 65 feet.
(7)
Main Street design incentive. Developments that comply with
all of the following requirements shall be eligible to increase the
maximum building coverage by an additional 5%. A developer desiring
to use the Main Street design incentive must present evidence to the
Zoning Hearing Board as part of the special exception application
that the developer will meet all of the following requirements for
the design incentive:
(a)
Applicant shall provide at least one area of the development
where retail storefronts will have access along an internal street
or access drive of the development creating a "Main Street" atmosphere.
If the applicant demonstrates that a "Main Street" is not feasible,
then applicant shall provide an area where storefronts are accessed
via a common plaza or court yard.
(b)
Primary building entrances shall be clearly visible and identifiable
from the street and delineated with elements such as roof overhangs,
recessed entries, landscaping or similar design features.
(c)
On-street parking shall be permitted along internal streets
and access drives which provide direct access to storefronts, including
the "Main Street." On-street parking spaces shall have a minimum width
of eight feet and a minimum length of 22 feet.
(8)
Building façade design incentive. Developments that comply
with all of the following requirements shall be eligible to increase
the maximum building coverage by an additional 5%. A developer desiring
to use the building façade design incentive must present evidence
to the Zoning Hearing Board as part of the special exception application
that the developer will meet all of the following requirements for
the design incentive:
(a)
Buildings shall be articulated by changes in wall planes, changes
in exterior finishes, variations in fenestration and additions to
architectural detailing.
(b)
Facades shall provide a variety of horizontal articulation elements
such as windowsills, awnings or canopies, window lintels or protruding
horizontal courses on each floor of the building, including the cornice
if the roof is flat rather than gabled or sloped.
(c)
Predominant building materials shall cover at least 60% of the
building façade with up to two additional materials permitted.
Acceptable materials shall include: wood, stone, brick, nonreflective
glass, stucco and concrete masonry unit that are constructed as split
face block or block molded with a textured surface.
(d)
Roofs should have at least two of the following features:
(e)
Dominant building and roof colors must be low reflectance, subtle,
neutral or earth toned. The use of high-intensity colors, metallic
colors and black is prohibited. Building trim and accents may feature
brighter colors. Lighting of any type may not be used for building
trim or accents. This shall not prohibit lighting to be used at entrances
of the building or for security purposes.
(f)
Building windows and openings shall constitute no less than
30% of all walls on the ground floor that front along a public street.
No building shall have opaque windows on the ground floor.
Retail sales, storage, and/or wholesaling of home- and auto-related
fuel shall be subject to the following requirements:
Roadside produce stands shall be subject to the following requirements:
A.
The building or structure shall not exceed one story in height and
500 square feet in area and shall be temporary in nature.
B.
The building or structure shall be located no closer than 10 feet
from the right-of-way and no closer than 50 feet from any property
line.
C.
All buildings or structures shall be dismantled and removed from
the property at the end of growing season.
E.
The business may be annual, but shall be restricted to a maximum
duration of six consecutive months, which correspond to normal harvesting
seasons.
F.
The Zoning Officer may require the operator and/or owner of the roadside
produce stand to provide written evidence that there is sufficient
required and available safe stopping sight distance for any existing
or proposed access or driveway that is to be used.
Outdoor shooting ranges shall be subject to the following requirements:
A.
Shooting range operations:
(1)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties.
(2)
May not substantially damage the health, safety or welfare of
the Township or its residents and property owners.
(3)
Must comply with all applicable state and local laws, rules
and regulations regarding the discharge of a firearm.
(4)
Shall limit the storage of ammunition to only that utilized
for each day's activity, and in no event shall ammunition remain on
the property for greater than 24 hours. The storage of live ammunition
may only occur indoors in an area secured from general access.
(5)
Shall limit the number of shooters to the number of firing points
or stations identified on the development plan.
(6)
Shall require all shooters to satisfactorily complete an orientation
safety program given in accordance with the National Rifle Association
before they are allowed to discharge firearms.
(7)
Shall limit the consumption of alcoholic beverages to days when
no shooting activities are permitted, or when the shooting activities
are completed for that day. Furthermore, alcoholic beverages may only
be consumed in designated areas away from the firing points or stations.
(8)
Shall limit firing to the hours between one hour after dawn
and one hour preceding dusk.
B.
A development plan shall identify the safety fan for each firing
range in accordance with state and/or federal regulations. The safety
fan shall include the area necessary to contain all projectiles, including
direct fire and ricochet. The safety fan configuration shall be based
upon qualified expert testimony regarding the trajectory of the bullet
and the design effectiveness of berms, overhead baffles or other safety
barriers to contain projectiles to the safety fan.
C.
The firing range, including the entire safety fan, shall be enclosed
with a six-foot-high nonclimbable fence to prevent unauthorized entry
into the area. Range caution signs with eight-inch tall, red letters
on a white background shall be posted at a maximum of one-hundred-foot
intervals around the range perimeter. Signs shall read "SHOOTING RANGE
AREA. KEEP OUT!"
D.
Range flags shall be displayed during all shooting activities. Range
flags shall be located in a manner visible from entrance drives, target
areas, range floor and the perimeter of the safety fan.
E.
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet producing materials.
F.
All shooting range facilities, including buildings, parking, firing
range and safety fan shall be set back a minimum of 100 feet from
the property line and street right-of-way.
G.
Sound abatement shields or barriers shall be installed on shooting
ranges located within 1/4 mile of a residential district, unless significant
natural barriers exist. The applicant shall present credible evidence
that the sounds of shooting in the residential zone do not exceed
the ambient noise level.
I.
No part of a shooting range property shall be located within 1/4
mile of any land within a Residential District.
Slaughtering and rendering of food products and their by-products
shall be subject to the following requirements:
A.
Minimum lot area: five acres.
B.
The subject lot shall front upon and gain access from a collector
or arterial road.
C.
The applicant shall furnish evidence that an approved means of sewage
disposal and a potable water supply in sufficient quantity shall be
provided.
D.
All aspects of the slaughtering and rendering operation, excepting
the unloading and holding of live animals, shall be conducted within
a completely enclosed building.
E.
All live animals held outside shall be within secure holding pens
or runways, sufficiently large to accommodate all animals without
crowding, and such holding pens or runways shall not be located between
the front façade of a building and a street right-of-way.
F.
The applicant shall furnish a working plan for the recovery of escaped
animals which minimizes the potential for animals to enter traffic
or cross property lines, and which shall be continuously implemented.
G.
All animal wastes shall be regularly cleaned up and properly disposed
of, so as not to be objectionable at the site's property line.
H.
The unloading of live animals from trucks into holding pens and their
movement into the plant shall be continuously supervised by a qualified
operator, whose responsibility it shall also be to immediately identify
and appropriately dispatch any obviously ill or injured animals.
I.
The unloading of live animals and their movement into the plant shall
be conducted in an orderly and calm manner so as to minimize noise
levels.
J.
The loading and unloading of trucks shall be restricted to the hours
between 6:00 a.m. and 10:00 p.m.
K.
No exterior animal holding pens and/or areas devoted to loading/unloading
of animals shall be located within 200 feet of any property line nor
500 feet of any land within a residential zone.
L.
All animal holding pens and/or areas used for the loading/unloading
of animals shall be screened from all adjoining properties and shall
include a minimum fifty-foot-wide landscape strip.
M.
Where wastewater pretreatment is required by the Environmental Protection
Agency or local authority, wastewater shall be kept completely covered
at all times to reduce the potential for release of odors. In no event
shall wastewater be disposed of in a storm sewer, to the ground or
in any other manner inconsistent with DEP regulations.
N.
All unusable animal by-products shall be stored indoors in leak and
vector-proof containers. In the case of slaughtering or processing
operations which do not do their own rendering, the applicant shall
provide evidence of a written contract with a rendering operation
for the daily disposal of such waste products. In no case shall any
waste products remain on the site for more than 24 hours.
O.
The applicant must demonstrate written compliance with, and continue
to comply with, all applicable local, state and federal standards
and regulations.
P.
The use shall provide sufficiently long stacking lanes and onsite
loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road.
Q.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
collector or arterial roads.
R.
These regulations shall not apply to agricultural uses or farm-related
businesses that involve the incidental slaughter of livestock that
has been raised on the subject farm property.
Testing laboratories shall comply with the following regulations:
A.
The facility shall be so designed and so constructed that there shall
be no danger to the health, safety or welfare of Township residents
or persons on adjoining properties.
B.
All ventilation systems shall be so designed that fumes or odors
from the testing process shall not be directed towards abutting properties.
C.
Sufficient off-street parking shall be provided for all employees
and for customers who may come to the premises.
D.
All waste material shall be properly disposed of, and the applicant
shall present the Zoning Hearing Board with a plan for disposal of
waste matter.
Townhouses shall be subject to the following requirements:
A.
No townhouse building shall contain more than six units.
B.
Development consisting of more than four townhouse buildings shall
be accessible via a minimum of two different streets.
C.
Townhouse buildings shall be served by public water and public sewer
facilities.
D.
Townhouse buildings shall be prohibited on cul-de-sac or dead-end
streets.
E.
Individual dwelling units within townhouse buildings shall not have
direct driveway access onto the inside or outside radius of street
curves.
F.
Townhouse buildings shall not have direct driveway access onto collector
or arterial streets. If, however, frontage onto these types of streets
is unavoidable, then vehicular access shall be provided through the
use of rear alleys, provided there is a minimum of 300 feet separation,
center line to center line, between alleys.
G.
The applicant shall prove to the satisfaction of the Township at
the time of plan submittal that a townhouse building or development
consisting of multiple townhouse buildings has been designed to:
(1)
Provide an appropriate right-of-way and cartway width sufficient
in satisfying any surplus on-street visitor parking;
(2)
Provide comments from local emergency service providers that
the layout plan as shown on the application is acceptable for the
access and maneuvering of emergency apparatus; and
(3)
Minimize the number of vehicle driveways that back out onto
a public street, in order to minimize conflicts between such vehicle
traffic, traffic on the street, and pedestrian traffic.
H.
All alleys shall be privately maintained. The ownership and maintenance
of any alley shall be addressed in an agreement in a form acceptable
to the Township Solicitor. Ownership and maintenance of alleys shall
be addressed in an agreement as part of a homeowners' association
or through the setting forth of the maintenance responsibilities in
easements in the deeds to the lots which have the right to use the
alley. All such documents shall be in a form acceptable to the Township
Solicitor.
I.
Alleys may terminate into a common parking compound but shall not
be permitted to terminate into a dead end or cul-de-sac.
J.
No more than five consecutive townhouse buildings, blocks, or groupings
shall be permitted along a street without the use of a midblock separator,
which shall consist of a park, tot-lot, landscaped common parking
compound, or landscaped open space, etc.
K.
Minimum lot area: 3,000 square feet per dwelling unit, provided that
the minimum size of the tract shall be two acres.
L.
Minimum lot width: The minimum lot width for townhouse lots shall
be 20 feet per dwelling unit at the minimum building setback line,
provided that the minimum width of an area comprising a townhouse
building shall be 150 feet.
M.
Minimum lot depth: The minimum lot depth for townhouse lots shall
be 120 feet.
N.
Maximum impervious surface coverage: The maximum impervious surface
coverage for townhouse lots shall not exceed 60%.
O.
Maximum permitted height: The maximum permitted height for townhouse
buildings shall be 35 feet.
P.
Minimum setback requirements:
(1)
Front-yard setback: The classification of all existing streets shall be in accordance with the requirements of § 135-301. The classification of all proposed streets shall be in accordance with the Mount Joy Township Official Map, as amended. Townhouses shall contain a front yard setback from the ultimate road right-of-way of 25 feet.
(2)
Side-yard setback: Townhouses shall have a side yard of 20 feet
at each end of the building and a minimum distance of 40 feet between
ends of buildings.
(3)
Rear yard: The minimum rear yard for townhouse lots shall be
35 feet.
Q.
Minimum separation between buildings. In developments where multiple
townhouse buildings are constructed upon common lands or as part of
a condominium association, the following separation distances shall
be provided between each townhouse building or grouping:
(1)
Front to front, rear to rear, or front to rear parallel buildings
shall have 70 feet between the facades of the buildings. If the front
or rear facades are obliquely aligned, the above distance may be decreased
by as much as 10 feet at one end if increased by a similar or greater
distance at the other end.
(2)
A yard space of 35 feet is required between end walls of buildings
for each building. If the buildings are at right angles to each other,
the distance between the corners of the end walls of the building
may be reduced to a minimum of 20 feet.
(3)
A yard space of 35 feet is required between end walls and front
or rear facades of the buildings.
R.
Changes in facade. For every grouping of townhouses containing four
or more units no more than 67% of such units can have the same front-yard
setback and no more than two contiguous units can share the same front-yard
setback.
(1)
Such structural offset shall involve a minimum variation of
four feet and a maximum of 10 feet between the front-yard setback
of an attached garage and the main facade of the principal dwelling.
(2)
Each townhouse building or grouping shall use at least two different
facade treatments, such as brick, stone, stucco, or vinyl siding veneers,
and shall use a variety of window types, balconies, doors, dormers,
and rooflines.
S.
Parking.
(2)
If no garages are to be provided in a townhouse building and
parking is to be provided in the front-yard area of the townhouse
buildings, then the following shall apply:
(a)
Direct driveway access from each dwelling unit onto a public
street shall be prohibited.
(b)
A common parking compound shall be provided with one entry and one exit point for each townhouse building that is sufficient in size to provide the number of parking spaces for each dwelling unit as indicated in Article XXV and at least one additional parking space per each dwelling unit shall be provided for visitor parking. Visitor parking spaces shall not be located further than 200 feet from the dwelling unit for which the space has been designated to serve.
(c)
A common parking compound shall be separated from any public
street right-of-way by a curbed landscape planting island that is
a minimum of 20 feet in width, that shall accommodate public sidewalks
and shall contain street trees.
(d)
The common parking compound shall be set back a minimum of 15
feet from the front facade of a townhouse building. For the purpose
of this section, a covered front porch area shall be considered as
part of the front facade.
(e)
Townhouse buildings that are front facing and set at right angles
to a public street right-of-way may share a common parking compound,
entry and exit points, provided that a curbed landscape planting island
is installed along the length of the center of the shared parking
compound and a one-way travel lane is maintained between the landscape
island and the parking spaces on both sides of the landscape island.
(3)
If garages are to be provided in a townhouse building, then
the following shall apply:
(a)
Direct driveway access from each dwelling unit to a public street
shall be minimized to the greatest extent possible by locating off-street
parking spaces and garages in a rear-yard area which shall be serviced
by an alley system.
(b)
Attached garages shall not protrude more than 10 feet from the
front or rear facade of a townhouse building.
(c)
Detached garages must be located in a rear-yard area and may
employ a zero-lot-line side- and rear-yard setback, provided that
the detached garage shares a common wall with a detached garage on
an adjacent lot and are located in such a manner as to have sufficient
sight distance and turning movement space to and from the garage onto
the alley which provides access to the garage.
(d)
Driveways serving townhouse units with front-loaded garages
shall have a minimum length of 20 feet and a maximum length of 50
feet.
[Amended 1-6-2020 by Ord. No. 320-2020]
(4)
Provisions shall be made to eliminate the possibility of vehicles
in off-street parking spaces from overhanging or encroaching into
pedestrian sidewalk areas.
(5)
When off-street parking is provided at the rear of the townhouse
lots, the access to off-street parking, when provided to more than
one dwelling unit, shall conform to the requirements for alleys.
T.
Accessory buildings.
(1)
Accessory buildings shall be prohibited on townhouse lots where
detached garages exist.
(2)
Maximum height: 15 feet.
(3)
Front yard: The minimum building setback line from all streets
shall be that distance as required for principal dwellings plus an
additional 15 feet.
(5)
Rear yard: The minimum distance to any rear lot line shall be
six feet.
Transient retail businesses shall be subject to the following
requirements:
A.
No more than one transient retail business shall be permitted on
a lot at any given time.
B.
Any person proposing to locate a transient business in the Township
shall be responsible for obtaining a zoning permit from the Zoning
Officer prior to commencement of the business. The zoning permit shall
be valid for no longer than 30 days. The transient merchant may renew
the permit in 30 day intervals not to exceed 180 days. A new permit
application shall be filed prior to the end of each 30 day interval.
Under no circumstances shall a transient merchant be permitted to
operate in the Township for more than 180 days of a calendar year.
C.
Sales shall only be permitted between the hours of 9:00 a.m. and
9:00 p.m.
D.
Any signage advertising the business that is visible from the public right-of-way shall comply with any applicable requirement of Article XXIV of this chapter.
E.
In no case shall the transient retail business obstruct or subtract
from the parking requirements of the permanent use of the lot in which
the transient use is located.
F.
All access drives to the transient retail business location shall comply with sight distance regulations and safe stopping distances that are set forth in Chapter 119, Subdivision and Land Development. An applicant shall be responsible for providing the necessary evidence that said access drive has been permitted under Township or PennDOT regulations, if applicable.
G.
All structures erected for a transient retail business shall be temporary
in nature and shall be removed upon expiration of the zoning permit.
All temporary structures shall comply with the applicable setback
regulations for a principal structure in the zoning district in which
the transient business is to be located.
H.
If any prepared food or beverage items are to be sold as part of
the transient retail business, the transient merchant shall provide
the necessary certificates or other documents demonstrating that all
state health and safety regulations have been complied with. Such
documentation shall be provided prior to issuing a zoning permit for
operation of the business.
I.
The transient merchant shall be responsible for obtaining a license for operation of the transient retail business from the police department prior to commencement of the business. The regulations for such licenses can be found in Chapter 93 of the Township Code of Ordinances, titled "Peddling and Soliciting." Such license shall be presented to the Zoning Officer prior to issuance of the zoning permit.
J.
These regulations shall not apply to fundraising events, such as
barbecues, temporary bazaars, temporary carwashes and similar fundraising
events that last no more than three consecutive calendar days.
Treatment centers shall be subject to the following requirements:
A.
The applicant shall provide a written description of all types of
persons intended to occupy the use during the life of the permit.
Any future additions to this list shall require an additional special
exception approval.
B.
The applicant shall prove to the satisfaction of the Zoning Hearing
Board that the use will involve adequate on-site supervision and security
measures to protect public safety.
C.
The Zoning Hearing Board may place conditions upon the use to protect
public safety, such as conditions on the types of residents and security
measures.
Truck, bus and motor freight terminals shall be subject to the
following requirements:
A.
The applicant shall furnish a traffic impact study, prepared by a professional traffic engineer, in accordance with Chapter 119, Subdivision and Land Development.
B.
The subject property shall have direct access to an arterial or collector
road;
C.
All structures (including, but not limited to, air compressors, fuel
pump islands, kiosks) shall be set back at least 50 feet from the
ultimate street right-of-way line. Unless the fuel pump islands are
set back 200 feet from the street line, they shall be designed so
that, when fueling, trucks must be parallel to street;
D.
All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 80 feet from lands located within a residential or agricultural zoning district, or from a lot that is available for residential use, and shall be fully screened from view. The screen shall contain such materials as required by § 135-299.
E.
Off-street parking shall be provided at a rate equal to that required
for each of the respective uses comprising the truck stop. Any gates
or other barriers used at the entrance to parking areas shall be set
back and arranged to prevent vehicle backups onto adjoining roads
during peak arrival periods;
F.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. Outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations must be screened from adjoining roads and properties;
G.
The outdoor storage of abandoned, junked dismantled, unlicensed and/or
uninspected vehicles is prohibited;
H.
Any exterior public address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines; and
I.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations.
Vehicular service or repair establishments shall be subject
to the following requirements:
A.
The minimum lot area shall be 1/2 acre.
B.
Vehicular service or repair establishments shall be connected to
public water and sewer.
C.
A minimum lot width of 125 feet at the minimum building setback line
shall be provided.
D.
All activities shall be performed in a completely enclosed building.
E.
All vehicle parts, equipment, lubricants, fuel and similar articles
shall be stored within a completely enclosed building.
F.
All refuse and junk shall be stored within a completely enclosed
building or area. All discarded vehicle tires shall be stored in a
completely enclosed area in such a manner so as to prevent the accumulation
of stagnant water and the breeding of insects. Such storage area shall
be so designed as to permit the flow of air, but shall prevent the
tires from being visible to passersby.
G.
Motor vehicles shall not be stored outdoors while awaiting repairs
for more than seven days.
H.
The storage or parking of junked, abandoned or dismantled vehicles
or vehicles that do not have current license and inspection stickers
shall not be permitted.
Vehicular sales or rental establishments, shall be subject to
the following requirements:
A.
The minimum lot area shall be 1/2 acre.
B.
Vehicular sales or rental establishments shall be connected to public
water and sewer.
C.
The minimum lot width shall be 100 feet at the minimum building setback
line.
D.
No parking of motor vehicles offered for sale or rent, or of vehicles
of customers or employees shall be permitted within 10 feet from any
street right-of-way. Such areas shall be utilized as a landscaping
strip, however, deciduous shade and ornamental shade tree requirements
may be waived for up to one of the front yards of the lot if the applicant
can demonstrate that such trees will be planted in another area of
the lot, either in the side or rear yards, within the interior of
the parking areas, or immediately surrounding the proposed sales building.
E.
All vehicle parts, equipment, lubricants, fuel and similar articles
shall be stored within a completely enclosed building.
F.
All refuse shall be stored within a building or enclosed area.
H.
The storage or parking of junked, abandoned or dismantled vehicles
shall not be permitted.
Vehicular fueling stations shall be subject to the following
requirements:
A.
The minimum lot area shall be 1/2 acre.
B.
Vehicular fueling stations shall be connected to public water and
sewer.
C.
A minimum lot width of 125 feet at the minimum building setback line
shall be provided.
D.
All activities except those to be performed at the fuel pump shall
be performed in a completely enclosed building.
E.
Fuel pumps and canopies shall be located at least 20 feet from the
street right-of-way line.
F.
All vehicle parts, equipment, lubricants, fuel and similar articles
shall be stored within a completely enclosed building.
G.
All junk and refuse shall be stored within a completely enclosed
building or area. All discarded vehicle tires shall be stored in a
completely enclosed area in such a manner so as to prevent the accumulation
of stagnant water and the breeding of insects. Such storage area shall
be so designed as to permit the flow of air, but shall prevent the
tires from being visible to passersby.
H.
Lubrication, oil changes, tire changes and minor repairs shall be
permitted if performed entirely within an enclosed building.
I.
Motor vehicles shall not be stored outdoors while awaiting repairs
for more than seven days.
J.
The storage or parking of junked, abandoned or dismantled vehicles
or vehicles that do not have current inspection and license stickers
shall not be permitted.
K.
All applicable permits shall be obtained for the underground storage
of fuel.
Vehicular washing facilities shall be subject to the following
requirements:
A.
Public water and sewer facilities shall be used.
B.
Each washing bay shall be provided with a one-hundred-foot on-site
stacking lane.
C.
All structures housing washing apparatus shall be set back 100 feet
from any street line, 50 feet from any rear property line and 20 feet
from any side property line.
D.
Trash receptacles shall be provided and regularly emptied to prevent
the scattering of litter.
E.
The site must front upon and gain access from a collector or arterial road as designated in § 135-301 herein.
F.
Gray water recycling and treatment equipment shall be incorporated
as part of the facility operations. All such equipment shall include
provisions for the collection of waste, grease, oil, soap, wax, and
other materials that can't be recycled or utilized as part of the
operations.
Vendor displays and sales, including flea markets and similar
uses, shall be subject to the following requirements:
A.
Vendor displays and sales shall be considered a principal use of
a lot and shall not be permitted as a temporary or accessory use that
is set up in a parking area or other area of a property which contains
a lawfully established principal use.
B.
The retail sales area shall be considered to be that of the smallest
rectangle, or other regular geometric shape which encompasses all
display stands, booths, tables or stalls, plus any adjoining aisles
and/or walkways from which consumers can inspect items for sale. The
retail sales shall include all indoor and/or outdoor areas as listed
above.
C.
The retail sales area shall be set back at least 50 feet from side and rear property lines and the ultimate street right-of-way. A landscape strip and screen shall be planted within the side and rear yards, and a landscape strip shall be planted surrounding all parking areas. Required landscape strips and screens shall be installed, maintained and contain such materials as required by § 135-299.
D.
The retail sales areas shall be designed to be handicap accessible
in accordance with state and/or federal accessibility regulations.
F.
All outdoor display and sales of merchandise shall cease no less
than one hour prior to dusk.
G.
Any exterior amplified public address system shall be arranged and
designed so as to prevent objectionable impact on adjoining properties.
H.
Exterior trash receptacles shall be provided amid any outdoor retail
sales area. Such trash receptacles shall be routinely emptied so as
to prevent the scattering of litter and debris. All applications shall
include a description of a working plan for the cleanup of litter.
I.
Applicant shall provide sufficient evidence of a potable source of
water and approve sewage disposal system. Portable toilets shall not
be an acceptable means of sewage disposal.
Vocational schools shall be subject to the following requirements:
A.
Accessory or subordinate uses for the vocational, mechanical or trade
school shall be limited to: cafeterias; concession stands; restaurant,
administrative offices; recreational uses; child care facilities;
and other similar uses. The cumulative gross floor area for all such
accessory uses shall not occupy more than 40% of the cumulative gross
floor area of all uses within the building occupied by the school
or educational facility.
B.
All buildings and structures shall be set back at least 50 feet from
any adjoining land within a residential district. Front yard setbacks
shall comply with the zoning district in which the use is located.
C.
All access drives that will serve the school shall have direct access to a road that is classified as a collector or arterial roadway as indicated in § 135-301 or on the Township Official Map.
D.
All means of ingress and/or egress shall be located and designed
to accommodate traffic in a safe and efficient manner. Applicant shall
provide turning exhibits or other documents to demonstrate that all
vehicles intended to use the site can safely access the proposed ingress/egress
points for the school.
E.
Parking and loading areas shall be set back at least 25 feet from any land within a residential district or lot that is available for residential use. When adjacent to a residential district or a lot that is available for residential use, parking and loading areas shall be surrounded by a landscape screen that is installed, maintained and contains such materials as required by § 135-299.
F.
Passenger dropoff and pick up areas shall be designed so as to prevent
traffic congestion on public roads at points of ingress and egress
to the school. A common parking area or other means of pull-off shall
be provided and be acceptable to the Township for the purpose of passenger
dropoff or pickup. Passenger dropoff and pickup areas shall be arranged
so that there will be no interference with the interior traffic circulation
to other facility parking areas. Passenger dropoff and pickup areas
shall be provided and arranged so that students do not have to cross
traffic lanes on or adjacent to the site.
G.
The use and related activities shall not emit noise, glare, vibration,
electrical disturbance, electromagnetic interference, dust, smoke,
fumes, toxic gas, radiation, heat and/or other perceptible or objectionable
nuisances that would impact neighboring properties, or be noticeable
at or beyond the property line.
H.
All lubricants, fuel and/or petroleum products shall be contained
within a permitted building, structure and/or containment facility
that complies with local, state and federal laws.
I.
The applicant shall develop, implement and maintain a working plan
for the trash disposal, recycling and the clean-up of litter that
is a result of the school as a vocational, mechanical or trade use.
[Added 1-6-2014 by Ord. No. 284-2014]
Each rural heritage meeting center shall be subject to the following
regulations:
A.
The lot upon which the rural heritage meeting center is permitted
shall remain in active agricultural use, which shall remain the principal
use of the lot.
B.
No more than one rural heritage meeting center shall be permitted
on a lot. If adjoining lots are in the same ownership, no more than
one rural heritage meeting center shall be established on all of the
adjoining lots combined.
C.
The owner or resident of the farm, or a family member of the owner
or resident of the farm, shall be responsible for the overall operations
of the rural heritage meeting center.
D.
The lot on which the use is proposed to be located shall be a minimum
of 80 acres in size. If the lot is ever reduced in size below the
eighty-acre minimum, all approvals and/or permits issued under this
chapter shall immediately and automatically expire.
E.
A rural heritage meeting center may include the accommodation of
overnight guests within one guesthouse with up to four bedrooms (eight
guests maximum). Overnight accommodations shall not exceed seven consecutive
nights for any one guest.
F.
A rural heritage meeting center shall rely solely upon foods prepared
off site and delivered for scheduled events but shall also permit
final preparation of food and related activities in a kitchen area
of up to 1,000 square feet.
G.
The applicant shall provide specific evidence of how the proposed
use will be conducted and controlled in a manner that respects the
rural/agricultural character of the property and its surroundings
under the following categories:
H.
The use may include the sale of agricultural products grown, harvested
or produced on the lot. The use may also include a retail sales area
not to exceed 500 square feet within an existing structure for the
sale of other products during otherwise scheduled events.
I.
Buildings to be used as a rural heritage meeting center.
(1)
A rural heritage meeting center shall use only existing agricultural buildings constructed prior to 1940. No other buildings or additions to buildings may be used as a rural heritage meeting center, except as provided in Subsection I(2) below.
(2)
The Zoning Hearing Board may, as a special exception, permit
additions to an existing building, up to a maximum of 25% of the existing
gross floor area, to be constructed to be used as a part of the rural
heritage meeting center.
(3)
The facade of the rural heritage meeting center shall either
remain as existed prior to application for an approval under this
section or the facade shall be modified in a manner which is consistent
with prominent architectural styles for agricultural buildings constructed
prior to 1940.
(4)
The existing building to house the rural heritage meeting center
shall be located a minimum of 300 feet from all existing dwelling
units other than any dwelling units located within the lot containing
the rural heritage meeting center.
J.
Off-street parking shall be provided in accordance with Article XXV except as modified by this section. The intent of this section is to provide adequate parking facilities while preserving the rural character of the site and minimizing the loss of productive farmland.
(1)
The following parking surfaces shall be permitted for a rural
heritage meeting center use:
(a)
A compacted stone base or paved all-weather surface existing
on the lot prior to application for a rural heritage center meeting
use; and
(b)
A grass parking surface, subject to the grass parking areas
being maintained in a manner such that the grass surface area does
not become deteriorated to an erodible state and so mud and other
debris are not tracked out onto public roadways.
(2)
No less than 25 of the required off-street parking spaces shall
be provided with a compacted stone base or paved all-weather surface.
If the required number of off-street parking spaces is less than 25,
all of the required off-street parking spaces shall be provided with
a compacted stone base or paved all-weather surface. Additional parking
spaces are permitted to be constructed with a compacted stone base
or paved all-weather surface if there are an insufficient number of
spaces available using existing compacted stone base or paved all-weather
surfaces. The number of additional parking spaces to be constructed
under this section shall be limited to the number required to provide
25 off-street parking spaces with a compacted stone base or paved
all-weather surface including existing and newly-constructed spaces.
(3)
By special exception, the Zoning Hearing Board may permit construction of more off-street parking spaces using a compacted stone base or paved all-weather surface than otherwise permitted under § 135-272I(2), if the applicant demonstrates the proposed parking facilities are designed in a manner to preserve the rural character of the site and minimize the loss of productive farmland.
(4)
Handicap parking spaces shall be paved in accordance with federal
and/or state accessibility regulations.
K.
The applicant shall demonstrate that appropriate traffic control
measures will ensure adequate ingress and egress to the property and
the parking facilities designed to avoid undue congestion on adjoining
roads. Ingress, egress and parking facilities will be designed and
located so as to avoid adverse environmental impacts, including but
not limited to the creation of dust, erosion and mud and minimize
loss of productive farmland.
L.
The total number of guests attending a single event or simultaneous
events at the rural heritage meeting center shall be limited to 350.
Nothing contained herein shall preclude the occurrence of more than
one event on a simultaneous basis (including activities constituting
an agritourism enterprise), provided that the applicant demonstrates
an ability to comply with the requirements for each activity anticipated
to occur simultaneously.
M.
Outdoor events and activities.
(1)
Outdoor events may be conducted in temporary structures provided
that such temporary structures do not remain in place for more than
five consecutive days.
(2)
Tents or other temporary structures shall comply with all setback regulations for principal buildings in § 135-85.
(3)
All waste, trash and rubbish, tents and temporary structures,
and any other displays or exhibits that result from the outdoor event
shall be removed from the property within 24 hours after the special
event has ended.
(4)
Outdoor events are permitted as an option for some of the events
conducted at the rural heritage meeting center but shall not be the
principal venue for events held at the rural heritage meeting center.
N.
The applicant shall provide evidence that sufficient sanitary sewer
facilities will be provided in accordance with all applicable DEP
regulations.
O.
The applicant shall provide evidence of a sufficient supply of potable
water to serve the rural heritage meeting center.
P.
No more than five acres of the lot may include areas associated with
the rural heritage meeting center, including, but not limited to,
buildings in which guests are admitted, maintenance buildings, parking
facilities, areas where temporary structures may be erected, and the
curtilage surrounding such areas. Horseback riding trails and walking
paths outside of the curtilage shall not be included in this calculation.
[Added 3-16-2015 by Ord.
No. 293-2015]
Each health care village shall be subject to the following requirements:
A.
Permitted uses. A health care village may be either under one roof
or in a village setting. The following uses are permitted in a health
care village:
(1)
Nursing homes.
(2)
Health care outpatient (no overnight stays):
(5)
Accessory uses to a health care village, which shall be located
on the same development tract as the health care village and which,
in total, shall not occupy more than 10% of the development tract
containing a health care village:
B.
Composition of uses. The principal and accessory uses of the health
care village (other than open space accessory uses) may comprise up
to 80% of the gross area of the development tract.
C.
Open space. Open space uses as set forth in § 135-273A(6) shall comprise at least 20% of the gross area of the development tract to be developed with a health care village.
D.
Minimum development tract. The minimum development tract area for
a health care village shall be 10 acres.
E.
Public water and sewer. The health care village development tract
shall contain public water and sewer.
F.
Maximum building coverage. The maximum building coverage for a health
care village shall be 40% for the development tract, exclusive of
deck parking structures. Parking structures shall not be included
in the computation for building coverage. Deck parking structures
shall not exceed a height of 45 feet.
G.
Maximum impervious coverage. The maximum impervious coverage for
a health care village development tract shall be 65%.
H.
Building height. The height requirements for buildings in a health
care village in this section shall apply notwithstanding any height
requirements in the underlying zoning district.
(1)
The minimum height for all principal buildings shall be 20 feet.
(2)
An additional one foot of buffer yard shall be provided for
every two feet, or fraction thereof, of increase in height above 45
feet. Buildings devoted to agricultural use shall be exempt from height
regulations.
(3)
The maximum height for any accessory building shall be 15 feet.
I.
Architectural guidelines. Architectural guidelines for all new development in this zone shall be established and approved as a part of a land development application. The applicant shall submit a set of guidelines, which shall include styles, proportions, massing and detailing of a proposed building. To the greatest extent possible on each site, these features shall incorporate design elements of a commercial village similar to those of the village design option of § 135-353. The architectural guidelines shall include, but not be limited to, provisions to avoid monotony in architectural designs, to establish minimum roof pitches, to address primary building materials, and to address window sizes.
J.
Buffer yards. A buffer yard that is a minimum width of 50 feet shall be provided in the side and rear yards of the health care village development tract for all new development adjoining a residential district. The buffer yard shall contain a landscape strip and screen. The landscape strip and screen shall be installed, maintained and planted with such materials that comply with § 135-299.
K.
All health care facilities shall be licensed by the Commonwealth
of Pennsylvania.
[Added 1-6-2020 by Ord. No. 320-2020]
A.
Short-term lodging may take place in a
structure that would be a single-family detached dwelling if it were
occupied as living quarters for a single housekeeping unit for a period
of 30 or more consecutive days or units within a multi-unit building
which would meet the definition of "apartment house" if each unit
were occupied as living quarters for a single housekeeping unit for
a period of 30 or more consecutive days if the entire multi-unit building
is owned by the same entity.
B.
The minimum lot area, lot width, lot depth,
setbacks and maximum coverage for a short-term lodging unit in a structure
that would be a single-family detached dwelling if it were occupied
as living quarters for a single housekeeping unit for a period of
30 or more consecutive days shall be the same as the minimum lot area,
lot width, lot depth, setbacks and maximum coverage for a single-family
detached dwelling in the applicable zoning district. The minimum lot
area, lot width, lot depth, setbacks and maximum lot coverage for
a short-term lodging unit within a multi-unit building shall be the
same as the minimum lot area, lot width, lot depth, setbacks and maximum
coverage for an apartment building in the applicable zoning district.
D.
The length of stay per transient occupant
shall not exceed 30 consecutive days.
E.
The number of transient occupants shall
not exceed two per permitted bedroom.
F.
Events and activities such as, but not
limited to, banquets, parties, weddings, meetings, fundraising, commercial
activities, and any other gathering of persons other than the authorized
transient occupants are prohibited.
G.
It shall be the responsibility of every
owner to display the following information on the premises:
(1)
The address of the property.
(2)
Contact information for the property
owner.
(3)
A telephone number to call to register
complaints regarding the physical condition of the premises if the
property owner is not located within 20 miles of the property.
(4)
The evenings on which garbage and
recycling are to be placed curbside for collection.
H.
Short-term lodging shall comply with all
applicable federal, state and local government laws, rules, ordinances
and/or regulations, including, without limitation, other provisions
of the Zoning Ordinance which would be applicable to the use of the
property as a dwelling unit when not subject to short-term lodging.
I.
Permit required.
(1)
The owner of the premises used for
short-term lodging shall submit an application each year for a permit
to authorize operation of short-term lodging, accompanied by any fee
which the Board of Supervisors may establish by resolution. A permit
shall be valid for the period of January 1 to December 31. The applicant
shall provide sufficient information to demonstrate compliance with
this section prior to issuance of the permit. If the Zoning Officer
confirms that the application meets such requirements, the Zoning
Officer may issue the permit for a one-year period.
(2)
Operation of short-term lodging without
the required annual permit is a violation of this chapter.
J.
The Zoning Officer and/or Codes Compliance
Official may inspect the short-term lodging premises to confirm compliance
with this section and other applicable Township ordinances.
K.
It shall be the duty of every property
owner to:
(2)
Keep and maintain all premises in
good and safe condition.
(3)
Be aware of and act to eliminate
disruptive conduct on the premises.
(4)
Provide trash and recyclable collection
and disposal services information and instruct occupants of the method
of trash and recyclable collection (e.g., curbside or dumpster and
day of pickup).
(5)
Provide the Township with all required
information for a designated contact person when required to do so
by this section.
(6)
Provide at least one fire extinguisher
with a minimum UL rating of 2A-10B:C, ABC Dry Chemical to be placed
in the kitchen or in close proximity to the kitchen, either under
the kitchen sink or on a wall-mount bracket.
