[Ord. 3/29/1990A, § 300; as amended by Ord. 93-2,
2/8/1973, § 15]
Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied for the purposes permitted in §
27-305, Use Regulations, and for the zoning districts so indicated in Part
4, R-2 Residential District, through Part
16, HI Heavy Industrial District. On any property, parcel or tract of land, only one use shall be permitted and accessory uses specifically permitted under §
27-305.
[Ord. 3/29/1990A, § 302; as amended by Ord. 93-2,
2/9/1993, § 16; and by Ord. 09-04, 8/10/2009, § 2]
1. Uses permitted by right, by conditional use or by special exception
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, easements, provisions
for off-street parking and loading, and to such other provisions as
are specified in other parts thereof.
2. In particular, the laws of the commonwealth regarding water supply
and waste disposal shall be adhered to. Further, no zoning permit
shall be issued until approval is obtained from the County Health
Department for sewage disposal, unless the premises are served by
public sewage facilities.
3. Any nonresidential use provided for under §§
27-302 through
27-306 will, in addition require, at the discretion of the Board of Supervisors, land development plan review and approval under the provisions of Chapter
22, Subdivision and Land Development.
4. All uses provided for under §§
27-302 through
27-306 will, in addition, require park and recreation areas and recreational infrastructure, as required by §
22-835, Standards for Park and Recreation Areas; Fee in Lieu of Dedication, of Chapter
22, Subdivision and Land Development.
[Ord. 3/29/1990A, § 303; as amended by Ord. 05-06,
8/22/2005, § 3]
Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to §
27-305, Subsection
9, Use I3.
[Ord. 3/29/1990A, § 304; as amended by Ord. 93-2,
2/8/1993, §§ 17 — 38; as amended by Ord. 95-8,
9/25/1995, §§ 3A, 4A, 4B, 5; by Ord. 95-8B, 11/27/1995,
§§ 8 — 15; by Ord. 97-7, 10/13/1997, § 27-305;
by Ord. 98-4, 4/27/1998, § 2; by Ord. 98-6, 6/22/1998, §§ 2
— 5; by Ord. 99-2, 6/28/1999, §§ 4 — 20;
by Ord. 01-6, 10/22/2001, §§ 9 — 18; by Ord.
04-01, 2/23/2004 §§ 1 — 3; by Ord. 04-02, 4/26/2004,
§ 1; by Ord. 05-06, 8/2/2005, §§ 4 —
12; by Ord. 06-01, 2/13/2006, §§ 13 — 15, 17;
by Ord. 06-02, 1/30/2006, §§ 8, 10; by Ord. 06-03,
4/24/2006, § 2; by Ord. 07-03, 3/26/2007, §§ 4
— 6, and 17; by Ord. 07-08, 10/8/2007, § 2; by Ord.
09-03, 6/22/2009, §§ 7 — 15; by Ord. 12-02, 6/19/2012,
§§ 2 — 5; by Ord. 12-04, 10/8/2012, §§ 1
— 5; and by Ord. 17-03, 3/27/2017]
1. Agricultural Uses.
A. A1 General Farming. The production of agricultural, horticultural,
arboricultural, viticultural and dairy products; the keeping of livestock,
poultry and the products thereof; the products of poultry; all buildings
(barns, sheds, silos, etc.) associated with this use.
[Amended by Ord. No. 21-08, 10/7/2021]
(1)
Minimum lot area: three acres.
(2)
Except for perimeter fencing or a fence along a pasture area,
any building or structure devoted to feed lots, confinement areas,
closed pens or structures used to provide shelter, confinement or
containment for the keeping or raising of livestock, horses or poultry
shall be situated not less than 50 feet from any street line or property
line.
(3)
Silos shall be situated not less than 1.25 times the height
of the silo from any street line or property line.
(4)
Any building or structure, other than noted in Subsection
1A(2) and
(3) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(5)
Riding academies, livery or boarding stable and commercial kennels
are not included under this use. Refer to Uses A5 Riding Academy and
A6 Kennel; Commercial.
(6)
Retail sales shall meet the requirements of Use A7 Agricultural
Retail.
(8)
The keeping or raising of livestock and poultry on parcels of
land less than 10 acres in area shall be limited to the keeping and
raising of one head of livestock or 50 fowl per one acre.
B. A2 Nursery. The outdoor raising of plants, shrubs and trees for sale
and transplantation.
(1)
Minimum lot area: 1.8 acres.
(2)
Any building or structure shall meet the yard, lot, width and
setback requirements for the applicable zoning district for Use B1
Detached Dwelling.
(3)
Maximum impervious surface ratio: 3%.
(4)
Retail sales shall meet the requirements of A7 Agricultural
Retail.
C. A3 Intensive Agriculture. Commercial greenhouses; mushroom houses;
feedlots; confinement livestock or poultry operations taking place
in structures or closed pens.
(1)
The keeping of animals and poultry shall be considered as an intensive agricultural use when the portion of the lot devoted to feedlots, confinement areas, closed pens or structures accommodate, shelter, confine or contain more than the equivalent of one per acre. The equivalent is determined by the total number of all animals and poultry kept on a designated portion of the lot. Animals not referenced in the following table shall be determined according to the requirements for animals of a similar type by the Zoning Hearing Board under §
27-2605, Powers and Duties; Interpretation.
Animals/Poultry
|
Equivalent
|
---|
Horses, ponies, donkeys, mules, cows, cattle, steers
|
0.5
|
Sheep, goats, pigs, swine
|
0.25
|
Poultry
|
0.01
|
(2)
A commercial greenhouse which uses temporary or seasonal covering
to the greenhouse structures is considered an intensive agricultural
use for the purpose of this chapter and shall meet the requirements
of this section.
(3)
Minimum lot area: ten acres.
(4)
Except perimeter fencing or a fence along a pasture area, any
building or structure devoted to feed lots, confinement areas, closed
pens or structures used to provide shelter, confinement or containment
for the keeping or raising of livestock, horses or poultry, shall
be situated not less than 50 feet from any street line or property
line.
[Amended by Ord. No. 21-08, 10/7/2021]
(5)
Silos shall be situated not less than 1.25 times the height
of the silo from any street or property line.
(6)
Any building or structure, other than noted in Subsection
1C(4),
(5),
(11), and
(13), shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(7)
Maximum impervious surface ratio: 20%.
(8)
Retail sales shall meet the requirements of Use A7 Agricultural
Retail.
(9)
All applicable regulations of the Pennsylvania Department of
Environment Protection shall be met.
(10)
Feedlots, pens and confinement areas shall not be situated less
than 100 feet from any stream or swale.
(11)
The raising of garbage-fed pigs is not permitted.
(12)
Commercial dog kennels and the raising of animals for fur or
skins are not included in this subsection. Refer to Use A6.
(13)
No area for the storage or processing of manure, garbage or
spent mushroom compost or structures for the cultivation of mushrooms
shall be situated less than 200 feet from any street or property line.
(14)
Parking. One off-street parking space for each employee is required.
D. A4 Forestry. Including commercial logging operations; clearing or destruction of forested or wooded areas as defined in §
27-202; selective cutting or clearing for commercial or development purposes; or clearing of vegetation in reserved open space or resource protection areas. Not included under this use are the authorized clearing in accordance with plans approved pursuant to this chapter, the removal of sick or dead trees, or the removal of trees in nondeed restricted areas.
(1)
Clear-cutting of all vegetation shall not exceed areas of more
than five acres or more than 20% of the forest in any one calendar
year, whichever is less, except where pursuant to a state forestry
cutting program.
(2)
A reforestation program shall be submitted which shall show a program for reestablishment of the forest on a sustained yield basis, except where clearing is for agricultural use as in Subsection
1D(1), above.
(3)
For commercial uses, a long-range cutting program shall be provided
to insure that the forest is retained as an entity during the entire
program. Such a program shall indicate the condition of the forest
on a map showing adjoining land and neighbors, the year of each cutting
and reforestation, and species of trees in reforestation.
(4)
For clearing purposes, the proposed future use must be stated
if any is identified.
(5)
All plans shall show how the general habitat and visual block
of the forest is to be maintained so that the forest retains its visual
and habitat qualities at all stages of the long-range cutting plan.
(6)
Post a bond to insure reforestation.
(7)
Sign an agreement to be recorded that no cutting or clearing shall be considered to reduce the area of forest for any development, proposed or not, pursuant to the provisions of §
27-2101, Subsection
1D, Woodlands.
E. A5 Riding Academy. An establishment where horses are boarded and
cared for and/or where instruction in riding, jumping and showing
is offered and/or the general public may, for a fee, hire horses for
riding.
(1)
Minimum lot area: five acres.
(2)
Any building or structure, including fencing used for the keeping
or raising of livestock or horses shall comply with the following
regulations:
(a)
Shall be situated not less than 200 feet from any existing neighborhood
dwelling or swimming pool.
(b)
Shall be situated not less than 50 feet from any property line.
(3)
Silos shall be situated not less than 1.25 times the height
of the silo from any street line or property line.
(4)
Any building or structure, other than noted in Subsection
1E(2) and
(3), above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(5)
Retail sales of related items shall be limited to a maximum
floor area of 750 square feet.
(6)
Parking. One off-street parking space for every three persons
present at such facilities when they are filled to capacity plus one
additional off-street parking space for each full-time employee is
required.
F. A6 Kennel; Commercial. An establishment, structure, lot or portion
of a lot on or in which more than three dogs, cats or domestic pets
more than six months old are housed, bred, boarded, trained or sold.
(1)
Shows and/or competitions which occur on a property not more
than twice in any calendar year are not regulated under this use.
(2)
Minimum lot area: 10 acres.
(3)
No animal shelter or run shall be located closer than 200 feet
from any lot line or street line.
(4)
Any building or structure, other than noted in Subsection
1F(3) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling or the applicable zoning district.
(5)
Retail sales of related items shall be limited to a maximum
floor area of 750 square feet.
(6)
No area for the storage, processing or spraying of animal waste
shall be situated less than 200 feet from any street or property line.
(7)
A zoning permit shall be obtained on an annual basis.
(8)
The housing, breeding, boarding, training or selling of attack dogs or dogs trained for security purposes under this use is permitted only as a special exception. In addition to the considerations listed in §
27-2607, Powers and Duties; Special Exceptions, the applicant shall provide proof that adequate provisions shall be made to constrain and house the animals in order to ensure the safety of residents in the area.
(9)
Parking. One off-street parking space for each employee plus
one space for each 200 square feet of sales area is required.
G. A7 Agricultural Retail. The retail sales of agricultural products
at roadside stands or other structures to the general public.
(1)
Agricultural retail is an accessory use which shall be clearly
subordinate to primary uses A1, A2 and A3.
(2)
Except in the CB-2 Zoning District, products sold must be grown,
produced or raised on the property.
(3)
The maximum floor area shall be limited to 2,000 square feet
for agricultural retail uses related to agricultural uses A1, A2 and
A3.
(4)
Agricultural retail uses shall meet the yard and setback requirements
for the related primary agricultural use.
(5)
Parking. One off-street parking space for each 200 square feet
of sales area.
H. A8 Farm Unit. Detached dwelling units for the sole use of the property
owner, immediate family members of the property owner and persons
engaged in agricultural employment on the property. Immediate family
members shall be limited to parents, grandparents, siblings, sons
and daughters.
(1)
A farm unit is an accessory use which shall be clearly subordinate
to primary uses A1, A2, A3, A5 and A6.
(2)
Minimum lot area: 20 acres per unit.
(3)
Maximum number of units: one primary unit for the property owner
or his immediate family and one unit as a tenant house.
(4)
A farm unit shall meet the minimum yard and setback requirements
of Use B1 Detached Dwelling, from any street line or property line
and between other farm units on the property.
(5)
Parking. Two off-street parking spaces per dwelling unit.
I. A9 Farm Support Facility. Commercial grain or commercial feed mill.
Facility for the warehousing, sale and service of agricultural equipment,
vehicles, feed or supplies.
(1)
Minimum lot area: two acres.
(2)
The lot shall have frontage on and take access from an arterial
or a major or minor collector highway as designated in this chapter.
(3)
No area for the storage or processing of manure, garbage or
spent mushroom compost or structures for the cultivation of mushrooms
shall be situated less than 200 feet from any street or property line.
(4)
Parking. One off-street parking space for every 500 square feet
of total floor area plus one space for each company vehicle normally
stored on the premises.
J. A10 Kennel; Noncommercial. An establishment, structure or lot on
or in which dogs, cats or domestic pets are kept for private purposes.
(1)
No animal shelter or runs shall be located closer to the property
or street line than the minimum yard requirements specified for the
principal use.
(2)
A noncommercial kennel may be established only as an accessory
use.
(3)
Except for the sale of young animals born to pets kept under
the permanent care of the occupants, no animals shall be sold or offered
for sale on the property.
2. Residential Uses.
A. B1 Detached Dwelling. A single detached dwelling unit on an individual
lot with private yards on all sides of the house and with no required
public or community open space. Detached dwellings may include dwellings
constructed on the lot, prefabricated dwellings, manufactured dwellings,
modular dwellings and mobile homes.
(1)
If the dwelling is a mobile home the following conditions shall
also apply:
(a)
No more than one mobile home shall be placed on a single parcel,
and such mobile home shall be occupied by not more than a single family.
(b)
The area between the ground level and the perimeter of the mobile
home shall be enclosed by means of a suitable skirting.
(c)
Each mobile home shall be in accordance with the requirements
and regulations of the applicable building code adopted by New Hanover
Township.
(2)
Area and Dimensional Requirements.
|
|
|
|
Minimum Yards
|
---|
District
|
Minimum Lot Area
|
Minimum Lot Width
(feet)
|
Maximum Bldg. Cov.
(Percent)
|
Front
(ft.)
|
Side
(ft.)
|
Rear
(ft.)
|
---|
R-2
|
2.0
|
250
|
15
|
40
|
30
|
60
|
R-2M
|
2.0*
|
250*
|
15*
|
40*
|
30*
|
60*
|
R-25
|
|
|
|
|
|
|
|
1
|
15,000 square feet
|
94
|
20
|
40
|
15
|
30
|
|
2
|
25,000 square feet
|
100
|
20
|
40
|
15
|
40
|
R-15
|
|
|
|
|
|
|
|
1
|
15,000 square feet
|
94
|
20
|
40
|
15
|
30
|
|
2
|
25,000 square feet
|
100
|
20
|
40
|
15
|
40
|
RV
|
18,000 square feet
|
90
|
20
|
20
|
15
|
30
|
R-5
|
50,000 square feet
|
150
|
15
|
40
|
20
|
60
|
|
Refer to § 27-503, Subsection 2, for Area Dimensional Requirements in R-2M District.
|
|
With Township-operated sewer service, and Township
or community-operated water service.
|
|
Without Township-operated water and sewer services.
|
(3)
Refer to §
27-2105, Fee in Lieu of Recreation Land, for recreation land requirements.
(4)
Parking. Two off-street parking spaces shall be required for
each single-family dwelling.
B. B2 Performance Standard Development. A development or subdivision
that permits a variety of housing types subject to a series of performance
standards. The performance standard development requires the provision
of open space and limits density and impervious surfaces. The following
housing types are permitted subject to the dimensional requirements
as indicated below.
(1)
Detached Dwelling. A single detached dwelling unit on an individual
lot with private yards on all sides of the house. Detached dwellings
may include dwellings constructed on the lot, prefabricated dwellings,
manufactured dwellings, modular dwellings and mobile homes.
(a)
If the dwelling is a mobile home the following conditions shall
also apply:
1)
No more than one mobile home shall be placed on a single lot,
and such mobile home shall be occupied by not more than a single family.
2)
The area between the ground level and the perimeter of the mobile
home shall be enclosed by means of a suitable skirting.
3)
Each mobile home shall be placed in accordance with the requirements
and regulations of the applicable building code adopted by New Hanover
Township.
(b)
Dimensional Requirements.
|
Minimum lot area
|
8,000 square feet
|
|
Maximum building coverage
|
30%
|
|
Minimum yards:
|
|
|
|
Front
|
30 feet
|
|
|
Side
|
10 feet
|
|
|
Rear
|
40 feet
|
|
Minimum lot width at setback
|
70 feet
|
(2)
Detached Dwelling; Off-Center. A single detached dwelling unit
on an individual lot with private yards on all sides of the house.
The building is set close to one side property line with a side yard
which may be reduced to five feet and the other side yard shall be
no less than 15 feet.
(a)
A fence, wall or hedge shall be placed in the wider side yard,
extending from the dwelling to the side property line and shall be
parallel to the street. The fence, wall or hedge may be broken by
a walkway not exceeding four feet in width or a driveway to parking
areas in the side or rear of the lot. The driveway shall be 10 feet
in width.
1)
The fence or wall shall be of permanent construction and shall
be four to six feet in height.
2)
The hedge material shall be planted on three foot centers and shall meet the requirements of §
27-2106, Buffer Yards, and Table 27-3, Subsection
D, Hedge, and Subsection
E, Hedgerow.
(b)
Dimensional Requirements.
|
Minimum lot area
|
7,000 square feet
|
|
Maximum building coverage
|
30%
|
|
Minimum yards
|
|
|
|
Front
|
20 feet
|
|
|
Rear
|
35 feet
|
|
Minimum lot width at setback
|
60 feet
|
(3)
Village House. A single detached dwelling unit on an individual
lot with private yards on all sides of the house. It differs from
the other forms of detached housing in the lot size and placement
on the lot. It is similar to houses found in historic villages and
towns. The house is placed close to the street and is additionally
distinguished by planting or architectural treatments.
(a)
Each unit shall meet two or more of the following characteristics:
1)
An unenclosed porch, running across at least 0.75 of the house
front, being at least seven feet in width.
2)
A front yard raised above sidewalk grade by at least 30 inches
and a retaining wall of at least 18 inches at the sidewalk line.
3)
A front yard enclosed by a wall or fence of permanent construction
at least 30 inches in height and one flowering shrub per 60 inches
across the width of the front of the house.
(b)
Dimensional Requirements.
|
Minimum lot area
|
6,000 square feet
|
|
Minimum lot width
|
50 feet
|
|
Minimum setbacks:
|
|
|
House
|
15 feet front
|
|
|
30 feet rear
|
|
|
5 feet sides
|
|
Garage
|
25 feet front
|
|
|
30 feet rear
|
|
|
5 feet sides
|
|
Canopy trees
|
2-inch caliper (§ 27-2106, Table 27-3, Subsection A)
|
|
Flower trees
|
2-inch caliper (§ 27-2106, Table 27-3, Subsection B)
|
|
Flowering shrubs
|
3 feet high (§ 27-2106, Table 27-3, Subsections D and E)
|
|
Hedge shrubs
|
3 feet high (§ 27-2106, Table 27-3, Subsection F)
|
|
Maximum building coverage
|
35%
|
(4)
Twins. A semidetached dwelling unit having only one wall in
common with another dwelling unit with two dwelling units per structure.
(a)
Dimensional Requirements.
|
Minimum lot area per dwelling unit
|
4,000 square feet
|
|
Maximum building coverage
|
35%
|
|
Minimum front yard
|
30 feet
|
|
Minimum side yard
|
10 feet
|
|
Minimum rear yard
|
20 feet
|
|
Minimum lot width at setback
|
30 feet
|
(5)
Duplex. A semidetached dwelling unit with one dwelling unit
located above the other dwelling unit having two dwelling units per
structure.
(a)
Dimensional Requirements.
|
Minimum lot area (per dwelling unit)
|
4,000 square feet
|
|
Maximum building coverage
|
40%
|
|
Minimum front yard
|
30 feet
|
|
Minimum side yard
|
15 feet
|
|
Minimum rear yard
|
20 feet
|
|
Minimum lot width at setback (per building)
|
60 feet
|
(6)
Patio House. A detached or semidetached unit with one dwelling
unit from ground to roof having individual outside access. Except
for the street setback, the lot shall be fully enclosed by a wall
four to six feet in height. All living spaces, i.e., living rooms,
dens and bedrooms, shall open onto a private open area or patio.
(a)
Dimensional Requirements.
|
Minimum lot area
|
3,600 square feet
|
|
Maximum building coverage
|
35%
|
|
Maximum lot width at setback
|
40 feet
|
|
Minimum patio area
|
15% (ratio to lot area)
|
|
Maximum building height
|
24 feet
|
|
Minimum patio dimension
|
20 feet
|
|
Minimum setback-street
|
15 feet
|
(7)
Atrium House. An attached dwelling unit with one dwelling unit
from ground to roof having individual outside access. The front and
rear of each building shall be attached to a courtyard which is fully
enclosed by a wall or fence three feet to four feet in height, measured
above finished grade. Courtyard walls parallel to the side walls of
each dwelling shall be constructed of ornamental masonry materials.
All living spaces including, but not limited to, living rooms, dens,
and bedrooms, shall open onto a private open area, courtyard, or atrium.
(a)
Dimensional Requirements.
|
Minimum lot area
|
2,000 square feet
|
|
Minimum lot width
|
40 feet
|
|
Maximum building coverage
|
65%
|
|
Minimum courtyard area
|
20% (ratio to lot area)
|
|
Maximum height
|
35 feet
|
|
Minimum courtyard dimension
|
12 feet
|
(8)
Weak-Link Townhouse. An attached dwelling, having individual
outside access, with one dwelling unit from ground to roof. Each dwelling
shall consist of a one-story portion and a two-story portion, with
the one-story portion occupying a required portion of the minimum
lot frontage. A row of attached dwellings shall not exceed five dwelling
units.
(a)
Dimensional Requirements.
|
Minimum lot area
|
3,000 square feet
|
|
Minimum lot width
|
30 feet
|
|
Minimum width one story
|
10 feet
|
|
Building coverage
|
60% (ratio to lot area)
|
|
Minimum building setback
|
|
|
|
Street line
|
15 feet
|
|
|
Parking area
|
10 feet
|
|
|
Pedestrian walkway
|
5 feet
|
|
Minimum building spacing
|
30 feet
|
|
Minimum rear yard
|
20 feet
|
(b)
To create architectural interest in the layout and character
of the buildings, variations in setbacks, materials, roof lines and
design are encouraged. In any case, the facade of every third dwelling
unit shall be offset by two feet from the adjoining unit.
(9)
Townhouse. An attached dwelling unit from ground to roof, having
individual outside access. A row of attached townhouses shall not
exceed five units in a building.
(a)
Dimensional Requirements.
|
Minimum lot area
|
2,000 square feet
|
|
Minimum lot width
|
22 feet
|
|
Maximum building coverage
|
50% (ratio to lot area)
|
|
Minimum building setback:
|
|
|
|
Street line
|
30 feet
|
|
|
Parking area
|
10 feet
|
|
|
Pedestrian walkway
|
5 feet
|
|
Minimum rear yard
|
20 feet
|
|
Minimum building spacing
|
30 feet
|
(b)
To create architectural interest in the layout and character
of the buildings, variations in setbacks, materials, roof lines and
design are encouraged. In any case, the facade of every third dwelling
unit shall be offset by two feet from the adjoining unit.
(10)
Apartment. A grouping of dwelling units sharing common elements
which may include common outside access. The dwelling units share
a common lot area, which is the sum of the required lot areas of all
dwelling units within the building. Apartment shall contain three
or more dwellings in a single structure.
(a)
Dimensional Requirements.
|
|
Minimum Apartment Size
(square feet)
|
Minimum Lot Area Per DU
(square feet)
|
---|
|
Efficiency
|
400
|
1300
|
|
1 br
|
500
|
1750
|
|
2 br
|
650
|
2000
|
|
3 br
|
800
|
2250
|
|
4 br
|
950
|
2500
|
|
Each additional bedroom, den, family room or recreation room
|
150
|
|
|
Maximum impervious surface
|
|
|
|
|
Ratio (on-lot)
|
|
50%
|
|
Minimum lot area (per building)
|
|
1 acre
|
|
Minimum building setback
|
|
|
|
|
Street line
|
|
50 feet
|
|
|
Parking area
|
|
30 feet
|
|
|
Pedestrian walkway
|
|
5 feet
|
|
Maximum number of units per building
|
|
16
|
|
Minimum building spacing
|
|
50 feet
|
|
Minimum street frontage
|
|
100 feet
|
|
Maximum building height
|
|
35 feet
|
(b)
To create architectural interest in the layout and character
of the buildings, variations in setbacks, materials, roof lines and
design are encouraged. In any case, the facade of the building shall
be varied with a minimum offset of six feet every 40 feet.
(c)
The maximum length of an apartment building shall be 120 feet.
(12)
Dwelling Unit Mix. A mix of dwelling unit types is necessary
to promote a balanced community. Therefore, a mix is required, based
on the number of dwelling units as set forth in the accompanying table.
Number of Dwellings in Development
|
Minimum Required Number of D.U. Types
|
Maximum Percent any D.U. Type
|
Minimum Percent and D.U. Type
|
---|
1-60
|
1
|
100%
|
20%
|
61-150
|
2
|
60%
|
15%
|
151-400
|
3
|
40%
|
10%
|
401 or more
|
4
|
40%
|
5%
|
(13)
Convenience Store. A performance standard development may, if
approved by the Board of Supervisors as a conditional use, include
an individual or a group of retail convenience stores including grocery
(as distinct from a supermarket), drugstore, stationery store, tobacco
news stand and similar uses as may be approved by the Board of Supervisors,
providing the following conditions are satisfied:
(a)
The development and all its phases shall have 300 or more residential
dwelling units.
(b)
The total floor area devoted to all convenience commercial uses
in one development, including all phases, shall not exceed 2,500 square
feet.
(c)
No restaurants, luncheonettes, soda fountains or other such
uses where food is intended to be consumed on the premises shall be
permitted.
(d)
Gasoline service stations, fuel pumps, adult commercial uses
as defined in Use F4 Adult Commercial or arcades, indoor places of
amusement, recreation, or assembly, including game rooms, shall be
prohibited. No drive-through facilities shall be permitted.
(e)
No convenience store use or group of uses shall be permitted within 1/2 mile of other existing general retail or convenience store uses except where it would be necessary for a motorist or pedestrian to cross an arterial highway as identified in Chapter
22, Subdivision and Land Development.
(f)
Minimum lot area per group of shops: one acre.
(g)
Dimensional Requirements.
Minimum Lot Width at Setback Line
(feet)
|
Maximum Impervious Surface Ratio %
|
Minimum Yards
(Feet)
|
---|
|
|
Front
|
Side
|
Rear
|
200
|
60
|
50
|
20
|
50
|
(h)
Lighting on pole fixtures shall not exceed 10 feet in height.
The source of illumination shall be recessed and shielded within the
fixture itself and shall not exceed an average of 0.5 footcandle at
the property line or boundary of the convenience store use, whichever
is less.
(i)
The perimeter of the convenience commercial area which abuts
residential uses shall include a twenty-five-foot wide buffer area.
Within the buffer area, plant material shall be provided to develop
a visual screen. Hedge or shrub material shall be planted on three-foot
centers and shall be at least three feet in height when planted. One
evergreen or one ornamental tree shall be provided for each 25 feet
along the perimeter. The Board of Supervisors may permit the staggering
or grouping of the evergreens and ornamental trees. Pedestrian access
may be provided through the buffer yard.
(j)
The convenience store or stores shall be designed so as to be
compatible with the surrounding residential uses, with structural
features including roofs with ridge, shed or hip design; exterior
siding materials shall consist of brick or stone and wood siding;
windows and doors shall not exceed 50% of the area of any one elevation.
(k)
Signs shall not exceed 12 square feet per street frontage. Wall
or projecting signs shall be permitted; however, free-standing signs
are not permitted. All such signs shall be indirectly illuminated
by a white light not exceeding 1.5 footcandle. One sign is permitted
per use. No separate sign shall be erected which identifies a grouping
of shops.
(l)
Outdoor collection stations shall be provided for garbage and
trash removal. These stations shall be located to the rear of the
structure and shall be screened from view with plant material and/or
wooden fence.
(m)
Parking. One off-street parking space for each 200 square feet
of gross floor area used or intended to be used for servicing customers,
plus one additional space for every full time employee.
(n)
Convenience commercial uses shall be reviewed by and may be
permitted as conditional uses by the Board of Supervisors.
(o)
The portion of the site devoted to convenience commercial uses,
associate parking, buffer yards and related areas shall not be used
for the calculation of the number of dwelling units permitted in the
development.
(14)
Performance standards developments may be used only where Township
operated sewer and water services are available.
(15)
Off-Street Parking Requirements.
(a)
Minimum number of spaces-two parking spaces.
(b)
An additional one-fourth parking space per dwelling unit for
overflow off-street parking shall be required where garages and/or
driveways are utilized to fulfill the off-street parking requirement.
C. B3 Mobile Home Park. A parcel or contiguous parcels of land which
has been so designated and improved that it contains two or more mobile
home lots for the placement thereon of mobile homes.
(1)
Dimensional Requirements.
Types
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width at Bldg. Setback
(feet)
|
Maximum Building Coverage
(%)
|
Minimum Yards
(Feet) Rear
|
Minimum Distances Between Units
(feet)
|
---|
|
|
|
|
Front
|
Side
|
Rear
|
|
---|
Single-wide units to 61 feet
|
5,000
|
40
|
30
|
20
|
10
|
15
|
30
|
Single-wide Units 61 feet or longer
|
5,250
|
40
|
30
|
20
|
10
|
15
|
30
|
Double-wide units
|
7,000
|
60
|
30
|
30
|
10
|
15
|
30
|
(2)
Performance Standards for Mobile Home Park.
|
Minimum site area
|
10 acres
|
|
Maximum density
|
4.0 du/ac
|
|
Minimum open space ratio
|
30%
|
|
Maximum impervious surface ratio
|
30%
|
|
Minimum building setback
|
|
|
|
Abutting street lines
|
100 feet
|
|
|
Rear or side property lines
|
50 feet
|
|
Interior street lines
|
10 feet
|
(3)
Each mobile home shall be placed on a permanent foundation of
at least eight poured concrete or masonry pillars or set on a concrete
base at least eight inches thick. The pillars shall be spaced no more
than 10 feet apart with the end piers being no farther than five feet
from the ends of the unit. The pillars shall be at least two feet
by two feet in size and at least 36 inches below grade. Each pillar
shall have installed a tie-down ring to which the mobile home shall
be secured.
(4)
No more than one mobile home shall be placed on a mobile home
lot, and such mobile home shall be occupied by not more than a single
family. No more than one residential accessory building or structure
of not more than 120 square feet in floor area may be placed on a
mobile home lot.
(5)
The area between the ground level and the perimeter of the mobile
home shall be enclosed by means of a suitable skirting.
(6)
Every mobile home and open space area shall have access to an improved street in the mobile home park in accordance with Chapter
22, Subdivision and Land Development.
(7)
Developers of mobile home parks will be required to comply with applicable parts of Chapter
22, Subdivision and Land Development, and to the Building Code of New Hanover Township, except as follows. No mobile home shall be permitted in
the mobile home park which fails to meet the standards of the Building
Code of New Hanover Township and which does not bear the seal of the
Department of Housing and Urban Development (HUD), which seal indicates
the mobile home conforms to their standards. In case regulations herein
described conflict with those of the Building Code of New Hanover
Township, these regulations shall govern.
(8)
Before the first occupancy of any of the lots in a mobile home
park is permitted, at least 30 lots shall be completed and ready for
occupancy. No lot shall be occupied until the streets, utilities and
all other required improvements, including the common open space,
to serve them shall be installed and approved by the Township. No
mobile home lot shall be rented for occupancy except for a period
of 60 days or more.
(9)
No part of a mobile home park shall be used for nonresidential
purposes, except common open space shall be used for the pleasure
and recreation of the park residents, an office may be used for the
park management, necessary utility structures, common laundry facilities
and necessary buildings for the storage of maintenance equipment.
(10)
All entrances shall conform to the standards of the Pennsylvania
Department of Transportation and when the entrance is from a state
road, shall be approved by them. When the entrance is from a Township
road, it shall be approved by the Township Engineer. The entrances
shall take into account the traffic on the public street and that
to be generated by the park residents. Acceleration and deceleration
lanes may be required as well as two lane entrances and two lane exits.
(11)
The mobile home park shall have a central water supply and distribution
system. The system shall conform to Section 502.1, Standard for Mobile
Home Parks, publication of the National Fire Protection Association
(NFPA) and any other applicable codes, and approved by the Township
Engineer. The water system shall provide for fire protection in mobile
home parks of over 200 units.
(12)
Mobile home parks may be used only where municipally operated
sewer and water services are available. Individual lateral connections
to the street sewer and to the mobile home shall conform to applicable
Township and state regulations.
(13)
The electrical distribution system shall be underground and
shall conform to the National Fire Protection Association (NFPA) standards
for mobile home parks and any other applicable codes. Each mobile
home shall have not less than 100 amp service.
(14)
If the mobile home park is to have gas service to the homes,
the same shall have to conform to applicable NFPA regulations and
any other applicable codes.
(15)
All streets in the park shall be illuminated at a minimum level
of 0.6 footcandles, service to light standards shall be underground.
(16)
Telephone lines shall be underground. There shall be a central
television antenna system with underground service to each mobile
home.
(17)
Except for paved areas, areas beneath mobile homes and cultivated
areas, all ground shall be planted and maintained in grass. The grass
shall be regularly cut. No weeds or wild growth, except for native
trees, shall be permitted anywhere in the park.
(18)
Licenses are not transferable. Notice in writing shall be given
the Board of Supervisors within the 10 days after a mobile home park
has been sold, transferred, given away, leased or the controlling
interest otherwise disposed of. A transfer of certificate by the Pennsylvania
Department of Environmental Protection shall be required and a new
application to the Township shall be made.
(19)
The park shall furnish the Township a list of tenants of the
park. Any change in tenancy shall be reported to the Township within
one week. The Board of Supervisors shall have the power to inspect
the park register, containing a record of all residents of the mobile
home park, at any reasonable time.
(20)
Minimum Off-Street Parking. Two spaces for three bedrooms or
less; three spaces for four bedrooms or more. Asphaltic macadam material
shall be used for parking spaces.
D. B4 Group Home. This use is to provide living arrangements for a group
of persons who, due to age, disability or handicap, are not able to
live without care. The intent of this use is to offer these persons
an alternative whereby they can be placed in a family type setting.
Groups contemplated by this use include the mentally handicapped,
physically handicapped, emotionally handicapped and elderly. The residents
live in the facility for a long term period of time.
(1)
A group home shall comply with the minimum lot area, lot width
and front, side and rear yard requirements for that type of dwelling
in the applicable zoning district.
(2)
The number of persons living in such a group home shall not
exceed eight in number. Support staff, which does not reside at the
group home residence, shall not be included in the maximum number
of eight. It is the intent of this chapter that any number in excess
of eight persons actually residing at the subject premises would tend
to decrease the familial concept, detract from effective family interaction
and would tend to create an institutional atmosphere.
(3)
A community residential facility must be sponsored and operated
by a group, organization or corporation licensed by either the county
or the state. Proof of compliance with all applicable county or state
regulations shall be furnished to the Township Zoning Officer prior
to the granting of the zoning permit.
(4)
Sewer and water services shall be provided in accordance with Chapter
22, Subdivision and Land Development, and the Township Sewage Facilities Plan.
(5)
No community residential facility shall be constructed within
a 1/4 mile radius of any other community residential facility (measured
from unit to unit).
(6)
Refer to §
27-2102, Application of Natural Resource Protection Standards, §
27-2104, Open Space in Residential Developments, and §
27-2105, Fee in Lieu of Recreation Land, for recreation land requirements.
(7)
Parking. One space for each staff member on duty for the shift
with the highest number. In addition, if the occupants of the facility
are capable of operating a motor vehicle, one space per bedroom shall
be provided.
E. B5 Life Care Facility. A life care facility is a form of residential
use designed and operated for individuals requiring certain support
facilities. This use is subject to the following restrictions:
(1)
Dimensional Requirements.
|
Minimum lot area
|
5 acres
|
|
Minimum front yard
|
75 feet
|
|
Minimum side yards
|
50 feet
|
|
Minimum rear yard
|
50 feet
|
|
Minimum lot width
|
250 feet
|
(2)
Maximum density: four dwelling units per acre.
(3)
Maximum impervious surface ratio: 30%.
(4)
Maximum height: three stories, 35 feet.
(5)
Support Facilities.
(a)
Retail facilities shall be for use of residents and their guests
only. No outside advertising is permitted. The life-care retail facilities
may occupy no more than 0.1% of the total floor area. Retail facilities
shall be limited to the following uses:
3)
Pharmacy (as an adjunct to the life-care nursing facility commissary).
(b)
Nursing Facility. This facility shall be designed for the temporary
and long-term care of the residents of the life-care facility. Nursing
beds within this facility shall not exceed one per three dwelling
units.
(c)
Other support facilities may include, but are not limited to,
lounge areas, reading rooms, craft rooms, common dining facilities
and recreational rooms.
(6)
Open Space and Passive Recreational Area. At least 50% of the
site area must be maintained as open space which shall not include
detention basins, parking lots, accessory buildings or any impervious
surfaces except those used for recreational purposes. At least 20%
of the site, which may be considered part of the open space, shall
be developed for passive recreation. This area shall include outdoor
dining areas and pedestrian walks. No outdoor sitting areas shall
be located on land subject to flooding or on slopes in excess of 5%.
(7)
Off-Street Parking. There must be .85 off-street parking spaces
per bedroom. In addition to one off-street parking space for each
employee on the largest shift, or one off-street parking space for
each four nursing facility beds, whichever is greater, shall be provided.
(8)
Fire Protection. All rooms in the life-care facility shall be
provided with sprinkler systems for fire protection and shall contain
and be served by wet charged stand pipes to the top floor.
(9)
Location to Service. Due to the dependence of the elderly on
alternate means of transportation and the need for acquiring access
to primary services, a life-care facility must be located within 1/4
of a mile to the following services:
(c)
Regional shopping center.
(m)
Library.
|
If this is not possible, the developer of a life-care facility
shall submit to the Township a transportation plan which shall outline
a transportation service for the residents of the life-care facility,
to be provided by the owner or manager, providing access to these
services at reasonable intervals. This plan must be approved by the
Township as a condition for approval of use.
|
(10)
Safety Features. It is necessary in the design and development
of a life care center, that the safety and physical capabilities of
the future residents be considered. The design features of the life-care
center shall be such that potentially dangerous situations are minimized
and the independence and mobility of the residents maximized. The
following safety features shall be incorporated into the design of
the life-care center as a condition of approval.
(a)
Handle type spigots and doorknobs.
(b)
Showers designed for wheelchairs, in place of tubs in at least
30% of the units.
(c)
Nonskid surfaces in tubs and showers and on all floors.
(d)
Control of water temperature to avoid accidental scalding.
(e)
Flush door entrances for easy wheelchair access.
(f)
Emergency signal systems in bathrooms and bedrooms connected
with either an adjacent apartment or central office.
(g)
Grab bars around all toilets and tubs. In addition, all grab
bars and towel racks shall be made of noncorrosive metal and be able
to support up to 250 pounds.
(h)
All cooking stoves shall be electric. Burner controls shall
be located in the front.
(i)
Electric outlets shall be located at levels at least 24 inches
above the floor.
(j)
All light fixtures shall be located on the walls at convenient
levels, to avoid accidents that might otherwise occur in the repair
of ceiling fixtures.
(k)
There shall be ramps or elevators in addition to stairs.
(l)
All elevators shall have slow closing doors with sensitive reopening
mechanisms.
(m)
Handrails shall be provided along all steps, hallways, ramps
and sloped walks, both indoors and outdoors.
(n)
Door closures shall require no more than five pounds of effort
to open.
(11)
A transportation impact study and water impact study shall be
required as specified in this chapter.
(12)
Parking. One off-street parking space for each dwelling unit.
One-half parking space for each room without cooking facilities and
for each four beds in a nursing hospice, assisted care or similar
facility. One off-street parking space for each employee on the largest
shift.
F. B6 Full Care Facility. A full care facility is a form of residential
use designed and operated exclusively for individuals requiring skilled
full-time care. Educational facilities may be an accessory use.
(1)
Dimensional Requirements.
|
Minimum lot area
|
5 acres
|
|
Minimum front yard
|
75 feet
|
|
Minimum side yard
|
50 feet
|
|
Minimum rear yard
|
50 feet
|
|
Minimum lot width
|
250 feet
|
(2)
Maximum density: eight bedrooms per acre, two persons per room.
(3)
Maximum height: three stories, 35 feet.
(4)
Open Space and Passive Recreational Area. At least 50% of the
site area must be maintained as open space which shall not include
detention basins, parking lots, accessory buildings or any impervious
surfaces except those used for recreational purposes. At least 20%
of the site, which may be considered part of the open space, shall
be developed for passive recreation. This area shall include outdoor
sitting areas and pedestrian walks. No outdoor sitting area shall
be located in areas subject to flooding or on slopes in excess of
5%.
(5)
Off-Street Parking. There must be .85 off-street parking spaces
per bedroom. In addition, one off-street parking space for each employee
on the largest shift, or one off-street parking space for each four
bedrooms, whichever is greater, shall be provided. All parking lots
shall be located to the side and rear of the building as it faces
the street.
(6)
Fire protection improvements shall be provided in accordance
with applicable Township codes.
(7)
A transportation impact study and water impact study shall be
required as specified in this chapter.
(8)
One-half parking space for each room without cooking facilities
and for each four beds in a nursing, hospice, assisted care or comparable
facility. One off-street parking space for each employee on the largest
shift.
G. B7 Rooming or Boarding House. A dwelling used for the housing of
roomers, boarders or lodgers with or without common eating facilities,
including dormitories, fraternity or sorority houses, or other buildings
of charitable, educational or philanthropic use.
(1)
Dimensional Requirements.
|
Minimum lot area
|
2 acres
|
|
Minimum front yard
|
55 feet
|
|
Minimum side yards
|
50 feet
|
|
Minimum rear yard
|
50 feet
|
|
Minimum lot width
|
150 feet
|
(2)
Maximum density: three bedrooms per acre, two persons per bedroom.
(3)
Maximum height: three stories, 35 feet.
(4)
Each sleeping room shall be limited to two beds and one person
per bed.
(5)
Parking. One off-street space per bedroom.
H. B8 Residential Conversion. The conversion of an existing principal
building into two or more dwelling units.
(1)
Detached dwellings which are converted must maintain the appearance
of a detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may share the single front entrance. Exterior stairways and fire escapes
shall be located on the rear wall in preference to either side wall
and in no case on a front or side wall facing a street.
(2)
Except as may be necessary for purposes of safety in accordance
with the preceding subsection, there shall be no major structural
change in the exterior of the building in connection with the conversion.
After conversion, the building shall retain substantially the same
structural appearance it had before such conversion.
(3)
All septic systems must be approved by the County Health Department
prior to the issuance of a zoning permit.
(4)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(5)
Off-street parking spaces shall be located to the side or rear
of the converted structure.
(6)
Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material as specified in §
27-2106, Buffer Yards, Table 27-3, Subsection
D, Hedge, and Subsection
E, Hedgerow, shall be placed on three-foot centers. Alternately, a
four- or five-foot fence may be erected which provides a visual screen.
(7)
Trash receptacles shall not be visible from the street or abutting
properties except on scheduled pick-up days.
(8)
The minimum lot width and minimum yard requirements for Use
B1 Detached Dwelling shall be met for the applicable zoning district.
(9)
Each converted structure shall have a recreation/patio area
of at least 200 square feet per dwelling unit. The recreation/patio
area shall not be located in the front yard or the minimum side or
rear yards.
(10)
The following minimum floor area requirements shall be met:
|
Type of Unit
|
Minimum Floor Area (square feet) Per Unit
|
---|
|
Efficiency
|
400
|
|
1 Bedroom
|
500
|
|
2 Bedrooms
|
650
|
|
3 Bedrooms
|
800
|
|
4 Bedrooms
|
950
|
|
A minimum 120 square feet of floor area for each additional
bedroom or a den, family room or recreation room shall be required.
|
(11)
A minimum lot area requirement for Use B1 Detached Dwelling
shall be met for each dwelling unit in a residential conversion.
(12)
A property must be residentially occupied for at least seven
years before it is converted.
(13)
Parking. Two off-street parking spaces for dwellings having
three bedrooms or less; three off-street parking spaces for dwellings
having four bedrooms or more.
I. B9 Accessory Home Occupation. A customary home occupation for gain.
An accessory home occupation is an accessory use that shall be clearly
subordinate to the existing residential use of the property. Such
uses shall meet the general standards and the specific standards related
to the use as set forth below:
(1)
General Standards. The following shall apply to all home occupations:
(a)
A home occupation must be conducted within a dwelling which
is the bona fide residence of the principal practitioner or in an
accessory building thereto which is normally associated with a residential
use. The home occupation shall be carried on wholly indoors.
(b)
The maximum amount of floor area devoted to this home occupation
shall not be more than 25% of the ground floor area of the principal
residential structure or 400 square feet, whichever is less. At least
850 square feet of the total floor area must remain in residential
use.
(c)
In no way shall the appearance of the residential structure
be altered or the occupation within the residence be conducted in
a manner which would cause the premises to differ from its residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than those signs permitted by this part.
(d)
One sign is permitted per home occupation in conformance with §
27-2307, Subsection
1H.
(e)
All commercial vehicles shall be parked on-lot and must be parked
in a garage or an enclosed structure.
(f)
Off-street parking spaces are not permitted in the front yard. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material as specified in §
27-2106, Buffer Yards, Table 27-3, Subsection
D, Hedge, and Subsection
E, Hedgerow, shall be placed on three-foot centers. Alternately, a
four- to five-foot fence may be erected which provides a visual screen.
(g)
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation.
(h)
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors, dust or electrical
interference detectable to the normal senses off the lot. No equipment
or process shall be used which creates visible or audible interferences
in any radio or television receivers off the premises.
(i)
Home occupations shall not include the following: animal hospitals,
commercial stables and kennels, funeral parlor or undertaking establishments,
antique ships, tourist homes, restaurants, rooming-boarding-lodging
houses, dancing schools, tea rooms and other business and trades which
are customarily not found as an incidental use in a dwelling. Questions
of applicability or interpretation shall be submitted to the Zoning
Hearing Board.
(j)
A zoning permit shall be required for accessory home occupations.
(2)
Specific Use Standards. The following shall apply to specific
types of accessory home occupations:
(a)
Use B9a Professional Office. A professional office is a service
oriented business use conducted within an enclosed area specifically
designed for the functional needs of the use, wherein the professional
services of the practitioner is the saleable commodity offered to
the client. Professional offices include, but are not limited to,
the following: office facility of a salesman, sale representative
or a manufacturer's representative. Office facility of an architect,
engineer, broker, dentist, doctor, psychiatrist, insurance agent,
land surveyor, lawyer, real estate agent or accountant. Office facility
of a minister, rabbi or priest; provided, that the office is open
to the public or congregation. A professional office home occupation
is a permitted accessory use providing that the home occupation complies
with the following conditions and a zoning permit is obtained.
1)
No more than two persons, other than resident members of the
immediate family, may be employed.
2)
In addition to the off-street parking spaces required in this
chapter for the particular residential use concerned, a professional
office shall provide one off-street parking space for each 200 square
feet of office space. A maximum of six off-street parking spaces are
permitted on one lot, inclusive of the required residential parking.
(b)
Use B9b Personal Service. A service business including, but
not limited to, barbers, beauticians or photographers.
1)
Beauty parlors and barber shops may be permitted as a conditional
use provided no more than two beauty parlor or barber chairs are provided.
2)
No more than one person, other than resident members of the
immediate family, may be employed.
3)
This use may be permitted only in detached dwellings.
4)
In addition to the off-street parking spaces required in this
chapter for the particular residential use concerned, personal services
use shall provide one off-street parking space for each employee,
plus one additional space for each 200 square feet of floor space
devoted to patron use. A maximum of six off-street parking spaces
are permitted on one lot, inclusive of the required residential parking.
(c)
Use B9c Instructional Service. An instructional service is a
home occupation in which the practitioner provides the client with
special instruction in a specific area of study. The establishment
of this home occupation shall not require a room or series of rooms
specifically designed for that purpose.
1)
Instructional services involving a maximum of four students
at a time are permitted.
2)
Instructional services involving musical instruments are only
permitted in detached dwellings.
3)
No persons shall be employed other than resident members of
the immediate family.
4)
In addition to the off-street parking spaces required in this
chapter for the particular residential use concerned, an instructional
service shall provide one off-street parking space per two students
being instructed at any one time. A maximum of four off-street parking
spaces are permitted on one lot inclusive of residential parking.
(d)
Use B9d Home Crafts. Home crafts are business activities whereby
the commodity for sale is completely manufactured and may be sold
on the site by the resident craftsman. Home crafts may include, but
are not limited to, the following: artists, sculptors, dressmakers,
seamstresses and tailors; and include such activities as model making,
rug weaving, lapidary work and furniture making.
1)
Home crafts are permitted only in detached dwellings and existing
accessory buildings on the same lot.
2)
No more than one person other than resident members of the immediate
family may be employed.
3)
In addition to the off-street parking spaces required in this
chapter for the particular residential use concerned, a home craft
shall provide one off-street space per 300 square feet of total floor
area used for the home occupation. A maximum of four off-street parking
spaces are permitted on one lot inclusive of the required residential
parking.
(e)
Use B9e Family Day Care. A family day care use is a facility
in which care is provided for four or more children, but no more than
six at any one time, who are not relatives of the care giver, where
the child care areas are being used as a family residence.
1)
Licensing, Approval and Permit Procedures. Prior to the final
approval of the use by the Zoning Hearing Board and the granting of
a permit by the Zoning Officer, the applicant must register with the
Department of Public Welfare, Bureau of Policy and Program Development,
and provide a certificate of compliance issued by the Pennsylvania
Department of Public Welfare under 55 Pa.Code, Article I, Licensing
Approval.
2)
This use shall be conducted in a building designed for residential
occupancy and for the safety and well-being of the occupants.
3)
A minimum outdoor play area of 100 square feet of contiguous
area shall be provided for each child as a recreational area for the
children. This area shall not include any impervious surface or parking
areas.
4)
Family day care uses are only permitted as an accessory use
in a detached dwelling.
5)
The outdoor play area must be enclosed by a four-foot high fence
which is deemed appropriate by the Township. The outdoor play area
should be located to the side or rear of the property.
6)
No more than two persons other than resident members of the
immediate family may be employed.
7)
Parking Standards. In addition to the off-street parking required
for a single-family home, at least one additional off-street parking
space is required for each employee.
8)
The use shall be located on a public street.
(f)
Use B9f Trades Business. The use of a residence as a base of
operation for the business, but not including the conduct of any phase
of the trade on the property. Trades included in this home occupation
include, but are not limited to, electricians, plumbers, carpenters,
masons, painters, roofers and similar occupations.
1)
No more than one business vehicle may be parked on the property
including noncommercial trucks and vans with loading capacities not
exceeding 3/4 ton.
2)
The area of the office, storage of materials and equipment (excluding vehicles), whether or not in an enclosed building, shall not exceed the limitations of Subsection
2I(1), General Standards, above.
3)
No assembling, manufacturing, processing or retail sales shall
be conducted on the property.
4)
In addition to the off-street parking spaces required in this
chapter for the particular residential use concerned, a trades business
shall provide one off-street parking space for each business vehicle.
A maximum of six off-street parking spaces are permitted on one lot
inclusive of the required residential parking.
(g)
Use B9g Repair Services and Other Home Occupations. A repair
shop for appliances, lawn mowers, watches, guns, bicycles, locks,
small business machines and other goods but not including automobile,
truck and motorcycle repairs. Other home occupations not specified
in Uses B9a through B9f above.
1)
No additional people other than resident members of the immediate
family may be employed.
2)
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation.
3)
In addition to the off-street parking spaces required in this
chapter for the particular residential use concerned, this accessory
use shall provide one off-street space per 300 square feet of total
floor area used for the home occupation.
J. B10 Residential Accessory Building, Structure or Use. Residential
accessory building, structure or use including, but not limited to:
(1)
Garages or parking spaces for the parking of passenger automobiles,
including noncommercial trucks and vans with loading capacities not
exceeding 3/4 ton. The area of any such garage shall not exceed 1,200
square feet, cumulative for all detached garages. The garage shall
have a maximum height of 14 feet with one additional foot for each
additional two feet in excess of the required setback, up to a maximum
of 25 feet.
(a)
No more than two commercial vehicles shall be parked on a residential
property. Except in the R-2 and R-2M Residential Districts, commercial
vehicles must be parked in an enclosed building.
(b)
The parking of a tractor-trailer combination shall be parked
or stored in approved facilities.
(2)
Structures such as fences, walls or signs.
(3)
Buildings such as storage sheds, bath houses and private green
houses. The maximum area for such an accessory building shall not
exceed 600 square feet cumulative for all accessory buildings. The
maximum height shall not exceed 14 feet with one additional foot for
each additional two feet in excess of the required setback, up to
a maximum of 25 feet.
(4)
Parking for Recreational and Other Vehicles. A vehicle or piece
of equipment, whether self-powered or designed to be pulled or carried,
intended primarily for leisure time or recreational use. Recreational
vehicles or units include, but are not limited to, the following:
travel trailers, truck-mounted campers, motor homes, folding tent
campers, autos, buses or trucks adapted for vacation use, snowmobiles,
mini bikes, all-terrain vehicles, go-carts, boats, boat trailers and
utility trailers.
(a)
No such vehicle shall be parked on the street.
(b)
No more than two such vehicles not parked in a garage may be
parked to the side or rear of the principal residential building.
Additional recreational or other vehicles may be parked in an enclosed
garage for the principal residential building. No such vehicles shall
be parked in the required front yard for the applicable zoning district.
(5)
Residential Swimming Pool. A residential swimming pool, including
outdoor hot tubs, is any structure intended for swimming or recreational
bathing that contains water in excess of 24 inches deep. This term
includes inground, above-ground and on-ground swimming pools, hot
tubs and spas.
(a)
A zoning permit shall be required to locate, construct or maintain
a noncommercial swimming pool.
(b)
A swimming pool, filters, pumps and other associated mechanical
equipment shall be located no less than 12 feet from a property line;
however, no such items are permitted in any required front yard.
(c)
The pool may be lighted by underwater or exterior lights, or
both, provided all exterior lights are located so that the light is
neither directed nor reflected upon adjacent properties in such a
manner as to be a nuisance or an annoyance to neighboring properties.
Underwater lighting shall be in compliance with the applicable electrical
code adopted by New Hanover Township.
(d)
The pool shall be completely enclosed by a fence or wall not
less than four feet in height. Protection shall be provided to restrict
entry as required by the applicable building code adopted by New Hanover
Township.
(e)
There shall be no cross-connection with a public sewage system.
(f)
The permanent inlet shall be above the overflow level of the
pool.
(g)
At the time of application for a zoning permit, it shall be
the responsibility of the property owner to demonstrate that the drainage,
including stormwater runoff, for a pool is adequate and will not interfere
with the water supply system, with existing sewage facilities, and
with public streets, and the pool shall not drain onto a neighboring
property.
(6)
Boarding Accommodations. The keeping of roomers, boarders or lodgers for compensation as defined in §
27-202 as an accessory use.
(a)
No more than two roomers, boarders or lodgers shall be accommodated.
(b)
The roomers, boarders or lodgers shall live within the principal
residential building.
(c)
No separate cooking facilities or dwelling unit may be created.
(d)
One off-street parking space shall be provided for each roomer.
(7)
Bus Shelter. A structure for the use of persons waiting for
a bus.
(a)
For each proposed bus shelter, a letter of acknowledgment and
consent must be provided from the school district indicating that
the proposed bus shelter is an actual bus stop location satisfactory
to and approved by the school district. The Township must also be
provided with proof of insurance from the company owning the bus shelter
as well as the owner of the property upon which the shelter is located.
(b)
Maximum floor area: 63 square feet.
(c)
Such structures shall be located at least 12 feet from any cartway
and property line.
(d)
Two parallel signs, no more than six square feet each, may be
attached to the structure. These signs may advertise goods, services,
businesses or organizations not located on the property.
K. B11 Retirement Village. Retirement village is a residential use that
is intended to provide for the development of communities for self-sufficient
people of retirement age. A variety of manufactured and site-built
housing types are permitted to provide flexibility in the choice of
living styles and prices to meet the needs of people of retirement
age. In addition to other applicable provisions of this chapter the
following standards must be met in order to qualify for this use:
(1)
The dwelling types shall meet the requirements of §
27-305, Subsection B2, B2 Performance Standard Development, (1), Detached Dwelling, through (11), Apartment, or B3 Mobile Home Park, Subsection
2C(1) through
(20), for double-wide units.
(2)
Dwelling Unit Mix. A mix of dwelling unit types is necessary to promote a balanced community. Therefore, a mix of dwelling types from among those identified in Subsection
2K(1), above, is required, based on the number of dwelling units as set forth in the accompanying table.
Number of Dwellings in the Development
|
Minimum Required Number of Dwelling Types
|
Maximum Percent of Any Dwelling Type
|
Minimum Percent of Any Dwelling Type
|
---|
1-60
|
1
|
100%
|
20%
|
61-150
|
2
|
60%
|
15%
|
151-400
|
3
|
40%
|
10%
|
401 or more
|
4
|
40%
|
5%
|
(3)
Each unit shall be provided with one or more of the following
frontage improvements.
(a)
An unenclosed porch, running across at least three-fourths of
the house front, being at least seven feet in width.
(b)
A front yard raised above the sidewalk grade by at least 30
inches and a retaining wall of at least 18 inches at the sidewalk
line.
(c)
A front yard enclosed by a wall offence of permanent construction
at least 30 inches in height placed on the lot not more than four
feet from the sidewalk.
(d)
A row of flowering shrubs, one flowering shrub per 60 inches
across the width of the front yard placed on the lot not more than
five feet from the sidewalk.
(e)
A hedge of shrubs planted 18 inches on centers across the width
of the front yard placed on the lot not more than four feet from the
sidewalk.
(4)
One convenience store may be included in a retirement village, where approved as a conditional use by the Board of Supervisors in compliance with Subsection
2, Residential Uses, B2 Performance Standard Development, Subsection
2B(13), Convenience Store.
(5)
Accessory home occupations shall meet the requirements of Subsection
2, Residential Uses, B9 Accessory Home Occupation, (1), General Standards, and shall be limited to those uses specified under clause (b), Use B9b, Personal Service, clause (c) Use B9c, Instructional Service and clause (d) Use B9d, Home Crafts.
(6)
Performance Standards.
|
Minimum site area
|
40 contiguous acres
|
|
Maximum density
|
5.0 dwelling units per acre
|
|
Minimum open space ratio
|
25%
|
|
Maximum impervious surface ratio
|
40%
|
|
Minimum building setbacks:
|
|
|
|
Abutting street lines
|
100 feet
|
|
|
Rear or side property lines
|
50 feet
|
(7)
No dwelling unit shall contain more than two bedrooms.
(8)
The homeowners' association documentation or declaration of
covenants shall provide that at least one resident of each dwelling
unit shall be, at least, 55 years of age. No resident children shall
be under the age of 18 years.
(9)
Where approved as a conditional use by the Board of Supervisors,
a community center for the use of the residents of the retirement
village may be included and provide for meeting rooms or halls, multipurpose
rooms, classrooms, craft shops, rest room facilities, libraries, laundry
rooms, exercise rooms, kitchens, pantries or similar facilities.
(10)
Municipal sewer service and Public Utilities Commission certified
water service shall be required and provide by the developer.
(11)
Parking. Two off-street parking spaces per dwelling unit. Not
more than two off-street parking spaces shall be provided on any individual
residential lot. One additional off-street parking space shall be
provided for every three dwelling units for visitor and overflow parking.
Visitor and overflow parking shall be located in common off-street
parking lots. No on-street parking shall be permitted in any retirement
village.
L. B12 Mixed Use Multifamily. B12 Mixed Use Multifamily are mixed use
buildings with nonresidential use on the first floor of the building
and multifamily dwelling units on higher floors. The Mixed Use Multifamily
Use shall adhere to density, area and dimensional standards of that
zoning. These buildings shall also comply with both area and parking
requirements for the specific nonresidential use allowed and the following
individual residential unit standards.
[Amended by Ord. No. 21-12, 12/2/2021]
(1)
Dimensional Requirements.
|
Minimum lot area per dwelling unit
|
8,000 square feet
|
|
Minimum dwelling unit area
|
800 square feet (efficiency)
|
|
|
1,500 square feet (1 BR)
|
|
|
2,200 square feet (2 BR)
|
|
|
2,500 square feet (3 BR)
|
|
|
2,700 square feet (4 BR)
|
(2)
To create architectural interest in the layout and character
of the buildings, variations in setbacks, materials, roof lines and
design are encouraged. In any case, the facade of the building shall
be varied with a minimum offset of four feet every 40 feet.
(3)
The maximum length of a mixed use multifamily building shall
be 160 feet.
(4)
The maximum height of a mixed use multifamily building shall
be 40 feet.
(5)
In addition to the above, mixed use multifamily building projects
shall adhere to § 27-1104, Density, Mix and General Layout
Requirements.
3. Institutional Uses.
A. C1 Place of Worship. Any structure or structures used for worship
or religious instruction (including social and administrative rooms
accessory thereto), rectories and convents. Use C6 Cemetery may be
permitted as an accessory use to this principal use.
(1)
Dimensional Requirements.
|
Minimum lot area
|
2 acres
|
|
Minimum lot width
|
200 feet
|
|
Minimum front yard
|
65 feet
|
|
Minimum side yards
|
50 feet
|
|
Minimum rear yard
|
100 feet
|
(2)
Parking. One off-street parking space for each two seats provided for patron use, or at least one off-street parking space for each 40 square feet of total floor area used or intended to be used for service to patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential use.
B. C2 School. Religious, sectarian or nonsectarian, denominational private
school, or public school which is not conducted as a private gainful
business; nursery schools operated as a nonprofit business.
(1)
Access shall be taken from an arterial or collector highway.
(2)
Dimensional Requirements.
|
Minimum lot area
|
10 acres
|
|
Minimum lot width
|
200 feet
|
|
Minimum front yard
|
75 feet
|
|
Minimum side yards
|
100 feet
|
|
Minimum rear yard
|
100 feet
|
(3)
Outdoor play areas shall be 75 feet from side and rear property lines. Outdoor play areas shall be screened to protect the neighborhood from inappropriate noise and other disturbances as required in §
27-2106, Buffer Yards.
(4)
Parking.
(a)
Nursery School or Kindergarten. One off-street parking space
for each faculty member and employee plus two additional spaces per
classroom.
(b)
Elementary School. One off-street parking space for each faculty
member and employee plus one space per two classrooms and offices.
(c)
Junior High School. One off-street parking space for each faculty
member and employee plus one space per two classrooms and offices.
(d)
Senior High School. One off-street parking space per each faculty
member and employee plus one space per 10 students of projected building
capacity.
(e)
College and Junior College. One off-street parking space per
faculty member and employee plus one space for each 10 classroom seats,
or one off-street parking space for each 10 auditorium seats, whichever
requires the greater number of off-street parking spaces.
(f)
Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
C. C3 Library or Museum. Library or museum, open to the public or connected
with a permitted educational use, and not conducted as a private gainful
business.
(1)
Minimum lot area: two acres.
(2)
Parking: one space per five seats or one space per 250 square feet of total floor area where no seats are provided. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
D. C4 Hospital. An establishment, licensed by the American Hospital
Association, which provides health services primarily for in-patient
medical or surgical care of the sick or injured, including related
facilities, such as laboratories, out-patient departments, training
facilities, central service facilities and staff offices as an integral
part of the establishment.
(1)
Minimum lot area: 10 acres.
(2)
Any such establishment providing convalescent care or care for
the chronically sick shall provide an additional lot area of not less
than 1,000 square feet per bed in use for such long-term care. For
the purpose of this chapter, long-term care shall mean care in excess
of one month.
(3)
Care shall be taken to locate emergency and service entrances
where they are not offensive to adjoining neighbors.
(4)
Such use shall take access from collector or arterial highways
only.
(5)
Parking. Two off-street parking spaces for each patient bed. Parking areas must be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
E. C5 Nursing Home. Licensed nursing or convalescent home.
(1)
Density: 10 beds per acre.
(2)
Parking: two off-street parking spaces for each patient or inmate bed. Parking areas must be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
F. C6 Cemetery. A burial place or graveyard including mausoleum, crematory,
columbarium, or chapel.
(1)
Minimum lot area (except for pet cemetery): 10 acres.
(a)
Minimum yards and setbacks: 100 feet.
(2)
Minimum lot area for pet cemetery: three acres.
(a)
Minimum yards and setbacks: 25 feet.
(3)
Lot Coverage for Accessory Buildings and Parking Facilities.
No more than 10% to a maximum of five acres, may be devoted to above-ground
buildings or impervious surfaces not serving as burial markers or
memorials.
(4)
No burial plots, structures or parking areas shall be located
within the one-hundred-year floodplain.
(5)
Additional Requirements for Pet Cemetery.
(a)
All grave markers shall be placed flush to the ground.
(b)
All caskets shall be of durable construction and not subject
to breakage or deterioration. Every casket shall be at least three
feet below the existing grade. The owner or operator shall maintain
at all times a current burial plot diagram showing all plots in use,
which shall be available to the Township for inspection upon request.
(6)
Parking. One off-street parking space for each employee and one off-street space for each four visitors in total capacity to the chapel. Parking areas must be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
G. C7 Municipal Building or Use. New Hanover Township municipal buildings
and uses including, and not limited to, administration buildings,
police barracks, recreation buildings, libraries or road maintenance
facilities.
(1)
Parking. One off-street parking space for every employee, plus one space for every five seats in meeting areas. Parking areas must be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
4. Recreational Uses; Governmental and Nonprofit.
A. D1 Recreational Facility. Recreational facility or park, owned or
operated by New Hanover Township or other governmental agency.
(1)
No outdoor active recreation area shall be located nearer to
any lot line than 100 feet.
(2)
Outdoor play areas shall be sufficiently screened and buffered
so as to protect the neighborhood from inappropriate noise and other
disturbances.
(3)
Parking. One off-street parking space for each five persons of total capacity. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
B. D2 Private Recreational Facility. A recreational facility owned or
operated by a nongovernmental agency.
(1)
Minimum lot area: five acres.
(2)
The use shall not be conducted as a private gainful business,
nor shall it permit amusement parks, wild animal parks or zoos.
(3)
No outdoor active recreation area shall be located nearer to
any lot line than 100 feet.
(4)
Outdoor play areas shall be screened with hedge or hedgerow material (§
27-2106, Table 27-3, Subsection
D, Hedge, and Subsection
E, Hedgerow, placed on three-foot centers) so as to protect the neighborhood
from inappropriate noise and other disturbances.
(5)
Parking. One off-street parking space for each five persons of total capacity, or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
C. D3 Private Club. Private club or lodge other than Use D2.
(1)
The use shall not be conducted as a private gainful business.
(2)
The use shall be for members and their authorized guests only.
(3)
Parking. One off-street parking space for each five members of total capacity, or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
D. D4 Community Center. Community center, adult education center or
other similar facility operated by an educational, philanthropic or
religious institution.
(1)
Minimum lot area: five acres.
(2)
The use shall not be conducted as a private, gainful business.
(3)
No outdoor recreation area shall be located nearer to any lot
line than 100 feet.
(4)
Parking. One off-street parking space for each four seats provided for patron use; or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yards, when situated within 50 feet of land zoned for or in residential
use.
E. D5 Golf Course-Residential Community. A planned development which
combines residential uses with a golf course, together with accessory
uses and facilities incidental thereto, and provides for recreation
space and the preservation of open space.
(1)
Residential uses and the golf course uses listed in Subsection
4E(3)(a), Golf Course, below, within a golf course-residential community are uses permitted by right in the R-25 Zoning District. The uses related to a county club/clubhouse facility listed in Subsection
4E(3)(b), Country Club/Clubhouse Facilities, below, may be permitted by special exception in the R-25 Zoning District. After a special exception has been granted for a use within a golf course-residential community, any proposed revision to the uses, amount of floor area or the number of parking spaces permitted in a special exception approval shall require a revised application for special exception approval. A zoning permit is required before the establishment of any use.
(2)
The minimum site area shall be 150 acres. The site shall be
a contiguous area of land which is not divided by one or more existing
streets. Land shown in a previously approved subdivision or land development
as reserved for open space shall not be included in the site area.
(3)
Within a golf course-residential community, a golf course and
residential dwellings shall be developed. Additional facilities, as
provided in this section, may be developed. The uses shall be subject
to the following standards:
(a)
Golf Course. A golf course shall be provided. The golf course
shall include at least 18 holes and shall be a minimum of 5,500 yards
in length, the sum of the yardages as measured from the center of
the rear most tee to the center of the green of each hole. Accessory
facilities related to the golf course may include the following:
1)
Retail pro shop golf club repair facility.
2)
Golf teaching facilities.
3)
Golf practice facilities - driving range and/or putting green.
4)
Locker and shower facilities.
5)
Golf half-way/shelter facilities, comfort station (rest room
facility) and/or pavilion (a roofed, unenclosed structure) which is
150 square feet or less in floor area.
6)
Golf cart facilities - caddy shack.
7)
Kitchen and snack bar, which may serve alcoholic beverages,
occupying not more than 1,500 square feet of total floor area for
the placement of the kitchen, tables, chairs, bar and all other facilities
associated with the snack bar. No sign, other than signs placed on
the building in which the snack bar is located, shall advertise or
give direction to the snack bar.
8)
Administrative, membership, management office facilities directly
related to the golf course.
a) Parking. At least six off-street parking spaces for every golf tee.
(b)
Country Club/Clubhouse Facilities. Country club and/or clubhouse
facilities may be included in a golf course-residential development,
which may include the following, when approved by special exception:
1)
Any of the facilities included in Subsection
4E(3)(a) when combined with any of the facilities noted in the following Subsection 4E(3)(b)2) through 16).
3)
Membership, management, administrative offices.
4)
Dining facilities, grill room, lounge, bar, snack bar banquet
facilities.
6)
Conference and/or meeting facilities.
7)
Over-night guest accommodations.
8)
Related kitchen facilities.
9)
Indoor recreation facilities.
10) Outdoor recreation facilities.
12) Exercise and spa facilities.
13) Tennis, racquet, paddle, mallet and similar sports
facilities.
14) Retail pro shop for sports equipment.
15) Other facilities directly related to the country
club/clubhouse use as approved by special exception.
a)
Indoor area devoted to all such uses shall not exceed 50,000
square feet of total floor area.
b)
Not more than six tennis courts shall be included in the development.
This limitation shall not apply to the dwellings within the golf course-residential
development.
c)
No more than two swimming pools may be included with the country
club/club house facilities. This limitation shall not apply to the
dwellings within the golf course-residential development.
d)
Parking. At least one off-street parking space for each 50 square
feet of total indoor floor area, including accessory buildings, used
or intended for service to customers, patrons, clients, guests or
members, except the floor area devoted to rooms for the accommodation
of overnight guests shall be provided with one parking space for each
guest room or suite.
16) Golf half-way shelter facility, comfort station
(rest room facility) and/or pavilion (a roofed, unenclosed structure)
which is greater than 150 square feet in floor area.
(c)
Residential Dwellings. Residential dwellings shall be provided,
subject to the following requirements:
1)
Dwelling types may include:
a) Detached dwellings subject to the requirements of Subsection
2B(1), Detached Dwelling.
b) Detached dwellings off center subject to the requirements of Subsection
2B(2), Detached Dwelling; Off-Center.
c) Village house subject to the requirements of Subsection
2B(3), Village House.
d) Twin dwellings subject to the requirements of Subsection
2B(4), Twins.
e) Duplex dwellings subject to the requirements of Subsection
2B(5), Duplex.
2)
Any residential dwelling which would be located along an existing
road/street shall be limited to Use B1, Detached Dwelling, and shall
be subject to the following requirements:
|
Minimum lot area
|
12,000 square feet
|
|
Minimum lot width
|
85 square feet
|
|
Maximum building coverage
|
20%
|
|
Minimum front yard
|
40 feet
|
|
Minimum side yard
|
15 feet
|
|
Minimum rear yard
|
40 feet
|
3)
Any residential lot which would be located less than 75 feet
from an existing lot in residential use shall be limited to Use B1,
Detached Dwelling, and shall be subject to the following requirements:
|
Minimum lot area
|
5,000 square feet
|
|
Minimum lot width
|
100 feet
|
|
Maximum building coverage
|
20%
|
|
Minimum front yard
|
40 feet
|
|
Minimum side yard
|
15 feet each
|
|
Minimum rear yard
|
40 feet
|
|
However, the lot area may be reduced to not less than required in Subsection 2B(1), Detached Dwelling, where the buffer requirements of clause (g)1) below are met.
|
4)
The maximum density for residential dwelling units shall be
0.85 dwelling units per acre as calculated on the base site area under
the provisions of § 27-2102C, Application of Natural Resource
Protection Standards.
5)
Not less than 15% of the site area shall be used for lots as
residential dwellings.
6)
Accessory Home Occupations (Use B9) and Residential Accessory
Building, Structure or Use (Use B10) as permitted for the applicable
zoning district and dwelling type.
7)
Parking. At least two off-street parking spaces for dwellings
with two or fewer bedrooms; three off-street parking spaces for dwellings
with three or more bedrooms.
(d)
Nonresidential Buildings and Structures. The minimum setback
for all nonresidential buildings and structures from any property
line shall be 50 feet.
(e)
Maximum Building/Structure Height.
1)
Residential dwelling 35 feet.
|
Residential accessory building/structure 14 feet
|
2)
Nonresidential Building/Structure. Distance to a property line
or a street line, as was in existence on the date an application for
subdivision or land development was first filed with the Township:
a) Less than 250 feet: 35 feet.
b) Two hundred fifty feet to 500 feet: 40 feet.
c) Five hundred or more feet: 50 feet.
(f)
Minimum setbacks from an existing street, an existing property
line or a proposed residential lot.
1)
Golf green or tee area to an existing street or property: 50
feet.
2)
Golf green or tee area to a proposed residential property: 25
feet.
3)
Fairway. The minimum setback from the center line of a fairway
shall increase gradually from 50 feet at a tee to 150 feet at a point
in the fairway 600 feet from that tee and for the remainder of the
fairway. These fairway setback standards may be adjusted, with protective
structures and screen plantings designed by a certified golf course
architect and approved by the Board of Supervisors, after a recommendation
has been provided by the Planning Commission.
(g)
Minimum Buffer Requirements.
1)
Where a proposed residential lot of less than 25,000 square feet in area would be located less than 75 feet from an existing lot in residential use, a Class C buffer yard and plantings, as specified in §
27-2106, Buffer Yards, shall be provided for the length of the existing or proposed lot line, whichever is less. A proposed residential lot of 25,000 square feet or larger in area may be located at the property line without a buffer.
2)
Where a proposed golf tee area would be located less than 100 feet from an existing lot in residential use, a Class C buffer yard and plantings, as specified in §
27-2106, Buffer Yards, shall be provided for the length of the existing lot line.
3)
Where a proposed nonresidential building of more than 200 square feet in building coverage would be located less than 200 feet from an existing lot in or zoned for residential use, a Class C buffer yard and plantings, as specified in §
27-2106, Buffer Yards, shall be provided for the length of the longest dimension of the building which faces the lot line.
4)
Where the proposed parking improvements for any nonresidential use would be located within 50 feet of land zoned for or in residential use or a residential lot within the development, the plant requirements of §
27-2106, Table 27-3, Subsection
C, Evergreens, shall be provided along the length of the residential
lot line.
(h)
Impervious Surfaces and Building Coverage. The maximum impervious
surface area shall not be more than 25% of the base site area. The
maximum building coverage shall not be more than 5% of the base site
area.
(i)
Ownership. The golf course and associated facilities may be
held under separate ownership from the residential dwelling units.
However, the golf course, clubhouse, country club and associated facilities
must be maintained as a single parcel and the title/ownership retained
by a single entity.
(j)
Open Space. No less than 70% of the site area shall be included in open space. The area used for the golf course, the fairways, tees and greens shall be considered open space and shall be restricted from further development or subdivision under the provisions of this part and Chapter
22, Subdivision and Land Development. However, in a golf course residential community, the open space need not be accessible to all residents of the development as defined in Part
2. If the golf course open space use shall cease, terminate, fail to be maintained or be abandoned, the real estate, tract or tracts of land which previously was used or is occupied for said golf course, shall be offered for dedication to the Township, subject to the right of the title owner to propose the use or development of the said real estate, tract or tracts of land for similar or related open space activities, which conversion shall be subject to the review and approval of the Board of Supervisors. Further, subject to the approval of the Board of Supervisors the open space area in golf course residential communities may be used for stormwater management activities and facilities specifically associated with the use, activity, operation and maintenance of the golf course use.
(k)
Utilities.
1)
A golf course-residential community shall be provided with public
sewer service and Public Utilities Commission certified water service.
2)
All utility lines (electrical, telephone, etc.) shall be placed
underground.
3)
Wherever feasible, the stormwater management facilities for
the golf-course residential development shall be integrated with the
water features of the golf course portion of the overall development.
(l) Signs. In addition to signs permitted under §
27-2307, Signs in the R-2, R-2M, R-25, R-15, R-5 and RV Districts, one identification/directional sign may be located off-premises at each nearest intersection of an arterial highway and a road which connects the intersection to the development site. Such sign shall not be greater than 12 square feet per side and shall have not more than two sides which provide identification and direction to the golf course-residential community. Such sign may be directly, indirectly or not illuminated. Such sign shall not be higher than eight feet. Such sign shall identify and give direction to the development. The owner of the property on which the off-premises sign shall be erected shall give consent to its placement and a permit shall be secured from the Township.
(m)
Development Sequence. Not more than 25% of the building permits
for dwelling units shall be issued until the final grading of the
tees and greens have been completed. Not more than 50% of the building
permits for dwelling units shall be issued until such time as the
golf course construction has been completed. The developer shall provide
the Township with guarantees, in a form acceptable to the Board of
Supervisors, that the portion of the tract intended for the golf course
and other open space uses will remain as undeveloped open space.
(n)
Subdivision and Land Development Ordinance. The requirements of Chapter
22, Subdivision and Land Development, shall be met. Requests for waivers of Chapter
22, Subdivision and Land Development, shall be submitted under the provisions of §§
22-107, Waiver of Requirements, and 22-504, Waiver of Requirements, of Chapter
22, Subdivision and Land Development.
(o)
Association. An association shall be formed by the developer,
and shall be subject to the following:
1)
Membership in the organization shall be mandatory for all owners
of dwelling units within the development and the membership shall
run with the land. Provided, however, that membership in the golf
course or country club shall not be mandatory for owners of dwelling
units within the development.
2)
An association agreement shall be prepared and recorded prior
to the conveyance of any lot or dwelling unit within the development.
Such agreement shall comply with any and all applicable commonwealth,
county and Township statutes, codes and ordinances, as may be in effect
and are thereafter amended. Such agreement shall establish the obligation
of its members with regard to maintenance, insurance and taxes on
all areas within the development including, but not limited to, private
dwelling lots, open space (other than open space associated with the
golf course), common areas and other common improvements not dedicated
to New Hanover Township or other public authority including, but not
limited to, roads, curbs, drainage systems, water distribution systems
and sewage systems.
3)
The association agreement shall be subject to the approval of
the New Hanover Township Board of Supervisors, shall not conflict
or be inconsistent with the minimum requirements established by the
Commonwealth of Pennsylvania, and shall include a provision providing
for the right of New Hanover Township to cite any violations in maintenance
and repair of open space and other common improvements not dedicated
to New Hanover Township or other public authority and after notice,
perform such necessary maintenance and repair and charge to the organization
or any property owner the cost of such work and to record a lien against
any property or properties within the golf course-residential community.
(p)
Steep Slopes. The steep slope protection standards of §
27-2101, Subsection
1C, Steep Slopes, shall not apply to the golf course portion of a golf courseresidential development where the Board of Supervisors, upon the advice of the Township Engineer, finds the proposed grading for the golf course would be appropriate. The steep slope protection standards of §
27-2101, Subsection
1C, Steep Slopes, shall apply to those areas of the site to be used for residences, roads, parking areas, country club/clubhouse facilities and other areas to be graded for buildings, structures and development improvements.
5. Office Uses.
A. E1 Medical Office. Office or clinic for medical or dental examination
or treatment of persons as outpatients, including laboratories incidental
thereto.
(1)
Parking. Four off-street parking spaces per doctor, plus one additional space for each additional employee, or one off-street parking space for each 200 square feet of total floor area, whichever requires the greater number of off-street parking spaces. Parking areas must be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential
use.
B. E2 Veterinary Office. Office of a veterinarian with accessory animal
kennel. In no event shall kennels be allowed as a primary use.
(1)
No animal shelter, kennels or runs shall be located closer than
200 feet from any lot line.
(2)
Parking. Four off-street parking spaces for each doctor plus one space for each employee. Parking areas must be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential
use.
C. E3 Office. Business, professional or governmental office other than
Uses E1 and E2.
(1)
Parking. One off-street parking space for each 200 square feet of total floor area. Parking areas must be screened as specified in §
27-2106, Table 27- 1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential use.
D. E4 Office Park. An office park is a planned development of office
and related uses which includes improvements for internal streets,
coordinated utilities, landscaping and buffering.
(1)
Individual uses may be located in detached and attached structures.
(2)
Dimensional Requirements.
|
Minimum site area
|
10 acres
|
|
Minimum setback from property lines-site
|
75 feet
|
|
Minimum setbacks from street lines-site
|
100 feet
|
|
Minimum frontage at street lines-site
|
150 feet
|
|
Minimum building spacing
|
100 feet
|
|
Maximum height
|
35 feet; 2 stories
|
|
Minimum setbacks-internal streets
|
50 feet
|
(3)
Permitted Uses. E1 Medical Office, E3 Office, F2 Day-care center,
F3 Retail Store, F7 Financial Establishment, F9 Eating Place, F11
Tavern, F15 Indoor Athletic Club, F23 Inn and F32 Dwelling in Combination.
(4)
At least 70% of the total floor space of the park shall be utilized
for office uses.
(5)
Accessory outside storage or display of materials, goods or
refuse is not permitted within an office park.
(6)
Municipal sewer service and Public Utilities Commission certified
water service shall be provided by the developer.
(7)
All uses within the office park shall take access from an interior
roadway. Access for the park shall be from an arterial or collector
highway.
(8)
All parking and loading facilities shall be located to the rear
or side of buildings.
(9)
Interior roadways shall have street trees as listed in §
27-2106, Table 27-3, Subsection
A, Canopy Tree, set on 40-foot centers.
(10)
A transportation impact study and water impact study shall be
required.
(11)
All commonly owned elements shall be owned and maintained in
accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§ 3101 et seq., or other ownership arrangement approved
by the Board of Supervisors.
(12)
The applicant shall submit a plan for the over all design and
improvements for the office park.
(13)
Parking. One off-street parking space for each 200 square feet of total floor area. Parking areas must be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential
use.
(14)
Conditional Reduction of Parking Improvements. Refer to §
27-1914, Reduction of Nonresidential Parking Requirements, of this chapter.
6. Commercial and Consumer Service Uses.
A. F1 Commercial School. Trade or professional school; art, music or
dancing school, and other schools not included in uses C2, School,
and F2, Day-Care Center.
(1)
Minimum lot area: two acres.
(2)
Parking. One off-street parking space per faculty member and employee, plus one space per two students based on architectural design standards. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential
use.
B. F2 Day-Care Center. An establishment enrolling four or more children
where tuition, fees or other forms of compensation for the care of
the children is charged, and which is licensed or approved to operate
as a child-care center.
(1)
Minimum lot area shall be one acre or the minimum lot area for
other permitted uses in the applicable zoning district, whichever
requirement is greater.
(2)
The minimum yard, setback and lot width requirements for other
permitted uses in the applicable zoning district shall be met.
(3)
An outdoor play area shall be provided. This area shall be fully
enclosed by a four-foot high fence and shall be located to the side
or rear of the lot. The minimum required areas of such an outdoor
recreational facility shall be 100 square feet for each child.
(4)
Prior to final approval of this use by the Zoning Hearing Board
and the granting of a permit by the Zoning Officer, the applicant
must obtain a license from the Department of Public Welfare, Policy
and Program Development, and provide a certificate of compliance issued
by the Pennsylvania Department of Public Welfare under 55 Pa.Code,
Article I. Licensing Approval.
(5)
When used in combination with another nonresidential use, a
permit is required for each use.
(6)
An existing residential building may be used and occupied as
a single family residence for the owner or an employee of the owner
of the day-care center.
(7)
Parking. At least one off-street parking space for each teacher, administrator and maintenance employee plus two additional spaces per classroom. Parking shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential
use.
C. F2A Older and Disabled Adult Daily Living Center. A premises operated
for profit or not-for-profit in which older adult daily living services
are provided for four or more older disabled individuals, who are
not relatives of the operator, for part of a twenty-four-hour day.
Services provided for the older or disabled individuals may include
personal care, nutritional, health, social, educational, recreational,
therapeutic, rehabilitative, habilitative and developmental activities.
This use does not include services provided for persons whose needs
are such that they can only be met in a long-term care facility on
an inpatient basis receiving professionally supervised nursing care
and related medical and other health services.
(1)
The area and dimensional requirements for "other uses" shall be met for the R-25 District in §
27-603, Subsection
2; Area and Dimensional Requirements, for the RV District in §
27-903, Subsection
2; Area and Dimensional Requirements, and for the R-15 District in §
27-703, Subsection
2; Area and Dimensional Requirements.
[Amended by Ord. No. 21-12, 12/2/2021]
(2)
Prior to approval of this use by the Zoning Hearing Board and
the granting of a zoning permit by the Zoning Officer, the applicant
shall obtain a license from the Pennsylvania Department of Aging in
compliance with the 6 Pa.Code, Chapter 11.
(3)
When used in combination with a residential use, a permit is required for each use. An existing building may be used and occupied as a single-family residence for the owner or an employee of the older and disabled adult daily living center. When used in combination with a residential use, the provisions of §
27-301, Applicability of Regulations, which limits the use of a property to one principal use, shall not apply when approved by special exception.
(4)
Minimum Parking. One off-street parking space for each employee, administrator or volunteer plus two additional spaces. Parking shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when the parking area is situated within 50 feet of land
zoned for or in residential use.
D. F3 Retail Store. A shop or store selling and/or renting commodities
and goods to the ultimate consumer. Not included under this use is
the over-the-counter sale of alcoholic beverages in a tavern or bar
or a store with greater than 15 square feet devoted to the display
of pornographic materials described under Use F4 Adult Commercial.
(1)
Parking. One off-street parking space for each 200 square feet
of total floor area used or intended to be used for servicing customers.
E. F4 Adult Commercial. An adult commercial enterprise or use which,
if knowingly serves a child under 18 years of age, would violate the
criminal laws of the Commonwealth of Pennsylvania in effect at the
same time thereof.
(1)
Such uses may include, but are not limited to:
(a)
Adult Book Store. Any store or shop with more than 15 square
feet devoted to the display and selling of pornographic materials
including, but are not limited to, books, magazines, pictures, drawings,
photographs or other depictions or printed matter and paraphernalia.
(b)
Adult Movie House. An enclosed building used for presenting
motion pictures, films, movies, slides or similar photographic reproductions
for observation by persons therein and which excludes minors by virtue
of age.
(c)
Adult Outdoor Motion Picture Establishment. An outdoor theater
used for presenting motion pictures, films, movies, slides or similar
photographic reproductions for observation by persons therein and
which excludes minors by virtue of age.
(d)
Massage Parlor. Any place of business where any person, partnership,
firm, association or corporation engages in or carries on or permits
to be engaged in or carried on any method of pressure on, friction
against or stroking, kneading, rubbing, tapping, pounding, vibrating
or stimulating parts of the body with the hands or with the aid of
any mechanical apparatus or electrical apparatus or appliance, with
or without such supplementary aids as rubbing alcohol, oil or other
such items. This use does not include licensed physicians or members
of the American Massage Therapist Association.
(e)
Other Adult Uses. Any business, activity or use similar to or
of the same general nature as the uses listed above. This section
shall include, but shall not be limited to, rap centers, nude wrestling
studios, sensitivity centers and escort bureaus, all of which exclude
minors by virtue of age as patrons thereof.
(2)
The building or structure of such use shall be located not less
than 1,000 feet from any residential use or district, public or private
school, church, recreation facility or any other religious, institutional
or educational use.
(3)
No such use shall be located within 1,000 feet of a similar
use.
(4)
No materials or services offered in the use shall be visible
from any window, door or exterior of the building.
(5)
No person under the age of 18 years of age shall be permitted
within an adult commercial establishment or sold any material or service.
(6)
The hours of operation shall be appropriate, as determined by
the Zoning Hearing Board, for the neighborhood or area in which the
use is to be located.
(7)
Parking. One off-street parking space for each 100 square feet
of total floor area used or intended to be used for servicing customers.
F. F5 Village Shop or Business. A retail, service or office use of a
limited size which is appropriate for the scale and character of a
village.
(1)
The village shop or business may include Use E1 Medical Office,
Use E2 Veterinary Office, Use E3 Office, Use F2 Day-care center, Use
F3 Retail Store, Use F6 Service Business, Use F7 Financial Establishment,
Use F8 Funeral Home or Mortuary, Use F9 Eating Place, Use F11 Tavern,
Use F12 Repair Shop or Use F24 Guesthouse.
(2)
This use shall not include any retail, service or office use
in excess of 2,000 square feet of floor area.
(3)
Not included under this use are uses with greater than 15 square
feet devoted to the display of pornographic materials described under
Use F4 Adult Commercial.
(4)
Lighting on pole fixtures shall not exceed 10 feet in height.
The source of illumination shall be recessed and shielded within the
fixture itself and shall not exceed 1/2 footcandle at the property
line.
(5)
Outdoor collection stations shall be provided for garbage and
trash removal. These stations shall be located to the rear of the
structure and shall be screened from view.
(6)
Parking. One off-street parking space for each 200 square feet
of total floor area used or intended to be used for servicing customers.
Parking shall not be located between a building and a street.
G. F6 Service Business. Service business including barber, beautician,
laundry and dry cleaning, shoe repair, tailor, photographer, travel
agency, photocopy center and other similar uses.
(1)
Parking. One off-street parking space for each 100 square feet
of total floor area used or intended to be used for servicing customers.
H. F7 Financial Establishment. Bank, savings and loan association, credit
union and other financial establishments.
(1)
Such uses with drive-up service windows shall have a vehicle
waiting line area for at least six vehicles. The waiting line area
shall be separated from other circulation lanes and appropriate vehicular
circulation shall be provided.
(2)
Parking. One off-street parking space for each 100 square feet
of total floor area.
I. F8 Funeral Home or Mortuary. An establishment for the preparation
of the deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation. Facilities for cremation
may be included as an accessory use.
(1)
Parking. One off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
50 square feet of total floor area used or intended to be used in
the operation of the establishment, whichever requires the greater
number of off-street parking spaces.
J. F9 Eating Place. Eating place for the sale and consumption of food
and beverages without drive in service and without take-out service.
Included under this use are banquet halls and catering services which
serve food and beverage on the premises. All food and beverages are
to be served by waiters and waitresses and consumed inside the building
while patrons are seated at counters or tables. The sale of alcoholic
beverage must be incidental to the sale and consumption of food.
(1)
Parking. One off-street parking space for each 50 square feet
of total floor area, or one off-street parking space for every two
seats, whichever requires the greater number of spaces. Banquet halls
and catering services which serve food and beverage on the premises
shall provide one off-street parking space for every two seats.
K. F10 Drive-In and Other Eating Place. Eating place for the sale and
consumption of food and nonalcoholic beverages other than Use F9 Eating
Place.
(1)
Such uses with drive-up service windows shall have a vehicle
waiting line area for at least six vehicles. The waiting line area
shall be separated from other circulation lanes and appropriate vehicular
circulation shall be provided.
(2)
Parking. One off-street parking space for every two seats, or
one off-street parking space for every 50 square feet of total floor
area, whichever requires the greater number of off-street parking
spaces.
L. F11 Tavern. An establishment which serves alcoholic beverages for
on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board.
(1)
Parking. One off-street parking space for each 50 square feet
of total floor area.
M. F12 Repair Shop. Repair shop for items including, but not limited
to, appliances, lawn mowers, watches, guns, bicycles, locks, business
machines but not including automobiles, motorcycles, trucks, trailers
and other heavy equipment.
(1)
Parking. One off-street parking space for each 300 square feet
of total floor area.
N. F13 Indoor Entertainment. Entertainment, private club or recreation
facilities operated as a gainful business within a building.
(1)
Parking. One off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
50 square feet of total floor area used or intended to be used for
service to customers, patrons, clients, guests or members, whichever
requires the greater number of off-street parking spaces.
O. F14 Theater. A building in which films are shown or stage shows are
performed regardless of the type of film or program presented. This
use does not include open air, outdoor or drive-in theaters, or uses
provided for under Use F4 Adult Commercial.
(1)
The exterior display of any pornographic material which would
violate the criminal laws of the Commonwealth of Pennsylvania in effect
shall be prohibited.
(2)
Parking. One off-street parking space for each two seats provided
for patron use, or at least one off-street parking space for each
40 square feet of total floor area used or intended to be used for
service to customers, patrons, clients, guests or members, whichever
requires the greater number of off-street parking spaces.
P. F15 Indoor Athletic Club. An indoor athletic club shall include buildings
for indoor court games played with a ball such as racquetball, handball,
squash, tennis, basketball, and volleyball; facilities for exercise
equipment and health clubs and facilities related thereto.
(1)
Parking. One off-street parking space for each three persons
of total capacity, or at least one off-street parking space for each
50 square feet of gross floor area used or intended to be used for
service to customers, patrons, clients, guests or members, whichever
requires the greater number of off-street parking spaces.
Q. F16 Amusement Hall or Arcade. An entertainment facility operated
as a gainful business within a building or structure providing automatic
amusement devices or games, including pool or billiard rooms or similar
facilities.
(1)
An "automatic amusement device" or "game" is defined to be each
coin-operated machine, mechanical machine or electronic machine which
operates or may be operated as a game or contest of skill or amusement
of any kind or description. Except for taverns and private clubs,
such devices shall be governed by this use in any location where three
or more such devices are located.
(2)
This use shall be located no closer than 500 feet, measured
in all directions to a school or church.
(3)
No audio speakers or equipment shall be installed inside or
outside the location of such use which would cause sounds to emanate
to the exterior of the premises.
(4)
All facilities shall have proper supervision at all times during
the hours of operation which shall be limited to 10:00 a.m. until
10:00 p.m. If the machines are not restricted to these hours, the
establishment must be closed. The owner of an amusement game shall
not allow it to be available for use or used unless it is under the
control and supervision by a person over 18 years of age, who shall
insure that it is operating in compliance with this chapter.
(5)
No cash awards shall be offered or given in any contest, tournament,
league or individual play on any amusement game, and no such game
shall be permitted to operate if said game delivers or may readily
be converted to deliver to the player any piece of money, coin, slug
or token.
(6)
Location of Devices. A floor plan of the building, premises
or other permitted place shall be provided to the Township showing
the proposed placement of the amusement games in conformance with
the following criteria:
(a)
Not less than three feet of open space shall be provided along
the side of each device/game. Where two devices/games are adjacent
to each other, there shall be at least six feet of open space between
devices/games.
(b)
Not less than four feet of open space shall be provided for
the operator directly in front of each device/game. Where two devices/games
are opposite each other, there shall be at least eight feet of open
space for the operators directly in front of each device/game.
(c)
Location of all devices/games is subject to all other applicable
state and local codes.
(7)
Parking. One off-street parking space for each 50 square feet
of total floor area.
R. F17 Outdoor Entertainment. Outdoor entertainment and recreation facilities
operated as a gainful business, other than Uses D1, Recreational Facility,
and D2, Private Recreational Facility, and not including an outdoor
motion picture establishment.
(1)
Parking. Off-street parking spaces as the Zoning Hearing Board
shall determine adequate to serve customers, patrons, visitors, employees
and vehicles normally parked on the premises.
S. F18 Outdoor Motion Picture Establishment. An open lot with its appurtenant
facilities used for the showing of motion pictures or theatrical productions
on a paid admission basis to patrons seated in automobiles.
(1)
Such uses shall have frontage on an arterial or major collector
highway and all access shall be taken from the arterial or major collector
highway. The applicant shall provide an analysis of the physical conditions
of the road system at the proposed points of access. Improvements
to insure safe turning movements and traffic safety shall be provided
by the applicant as required by the Zoning Hearing Board. The applicant
shall provide sufficient vehicle stacking area or a marginal access
road to insure that entering vehicles will be able to pull off the
road.
(2)
The motion picture screen shall be no closer to any property
line than 1.25 times the height of the picture screen or the minimum
yard requirements of the zoning district, whichever setback is greater.
Other buildings shall be subject to the minimum yard requirements
of the zoning district.
(3)
The applicant shall provide information which indicates conformance with §
27-2101, Natural Resource Protection Standards.
(4)
The motion picture screen shall not be oriented towards the
arterial or collector highway.
(5)
The applicant shall provide a plan for buffering in accordance with §
27-2106, Buffer Yards, and shall meet the following standards:
(a)
Along an adjacent property line that is zoned residential or
a property line with an existing residential use and along any road,
either:
1)
A six-foot solid wooden fence within the exterior 50 feet of
the buffer yard and one canopy tree (two-inch caliper minimum) at
an average of one tree per 40 lineal feet of buffer plus one evergreen
tree (three-foot minimum height) at an average of one tree per 20
lineal feet of buffer. The trees shall be placed between the fence
and the property line.
2)
A five-foot berm planted on top as in clause a) 1) above.
3)
One canopy tree (two-inch caliper minimum) at an average of
one tree per 40 lineal feet of buffer plus one evergreen tree (four-foot
minimum height) at an average of one tree per 20 lineal feet of buffer
plus one deciduous shrub (three-foot minimum height) per four lineal
feet.
(b)
Acceptable plant material for the buffer yard noted in clause (a) above shall meet the specifications of §
27-2106, Buffer Yards, Table 27-3, Plant Materials List.
(c)
In accordance with §
27-1913, Off-Street Parking; General Requirements, of this chapter, a clear sight triangle shall be maintained at all street intersections and at all points where access drives intersect with roads.
(6)
Such uses presenting films, movies, slides or similar photographic
reproductions of an adult nature shall meet the additional requirements
of Use F4 Adult Commercial.
T. F19 Cottage Development or Private Camp. A tract of land and buildings
or structures planned as a whole for seasonal use, comprising two
or more cottages and other related buildings; also includes privately
operated camps for boys or girls using two or more cottages for shelter
or sleeping purposes.
(1)
Minimum site area: 10 acres.
(2)
The main use of the proposed development shall be seasonal,
that is, for periodic use over a limited number of months during particular
seasons of the year, and no occupant shall be permitted to remain
for a total period exceeding 120 days during any one calendar year
with the exception of a caretaker, groundskeeper or other staff.
(3)
Sewage disposal methods shall conform with the requirements
of the New Hanover Township Sewage Facilities Plan.
(4)
The maximum overall density shall not exceed one cottage for
every two acres. The maximum number of occupants per cottage shall
be 16.
(5)
Completely detached buildings or structures on the same lot
shall not be less than 20 feet from one another.
(6)
Adequate measures to prevent noise and other noxious influences
from disturbing nearby residential properties shall be taken.
(7)
No mobile homes, as defined in §
27-202, Specific Definitions, and no recreational vehicles, as defined in Subsection
6U, F20 Recreational Camping Park, shall be permitted as part of a cottage development or private camp as defined herein.
(8)
A change of ownership or a lease agreement shall require an
operating permit review.
(9)
Parking. One and one-quarter parking spaces shall be provided
for each cottage; plus one additional space for each employee on the
largest shift.
U. F20 Recreational Camping Park. A property upon which two or more
campsites are located, established or maintained for occupancy as
temporary living quarters for recreation or vacation purposes.
(1)
Definitions.
(a)
Recreational Vehicle. A vehicular type unit primarily designed
as temporary living quarters for recreational camping or travel use,
which either has its own power or is mounted on or drawn by another
vehicle. The basic entities are: travel trailer, camping trailer,
truck camper and motor home.
(b)
Campsite. A plot of ground within a recreational camping park
intended for the accommodation of either a recreational vehicle, tent
or other individual camping unit on a temporary basis.
(c)
Temporary Basis. Campsites shall be rented by the day, week
or monthly only and occupants of such sites shall remain in the same
recreational camping park not more than 90 days per year.
(d)
Camping Unit. A tent or camping vehicle located on a campsite.
(2)
Minimum site area: 10 acres.
(3)
No campground buildings or campsites shall be less than 200
feet from a public road, nor less than 100 feet from a property line.
(4)
No more than 12 campsites per acre based on the area of the site minus the open space as specified in Subsection
6U(6) below.
(5)
Each campsite shall be a minimum of 1,500 square feet in area
and campsites may be grouped near each other to afford as much open
space as possible.
(6)
A minimum of 70% of the site shall be kept in open space which
shall not include roads, campsites, parking areas, convenience facilities,
sanitary stations, utility buildings, office and similar structures
and areas.
(7)
Occupancy Limits.
(a)
Only camping units shall be accommodated at a campground.
(b)
Occupancy of any campsite in a particular campground by the
same person or persons shall not be permitted for more than 15 consecutive
days in any month.
(c)
Except during May, June, July, August, September and October,
unoccupied camping units and equipment shall not be permitted to remain
on any campsite. During the months of November through April, said
camping units or equipment may be stored at a designated storage area
on the campground.
(8)
Access Improvements.
(a)
Each campground shall be provided with convenient access from a public road. Such access shall consist of an all-weather cartway 24 feet wide, constructed to Township standards as described in Chapter
22, Subdivision and Land Development, and shall consist of six inches, compacted thickness, of No. 4 crushed stone and screenings over a graded and compacted subbase.
(b)
Provisions for shoulders and drainage shall be made as applicable
and all work shall be approved for design and construction by the
Township.
(c)
The main campground entrance shall conform to the standards
of the Pennsylvania Department of Transportation and, when the entrance
is from a state road, shall be approved by them. When the entrance
is from a Township road, it shall be approved by the Township.
(d)
The entrance shall take into account the traffic on the public
street and that to be generated by the park residents. Acceleration
and deceleration lanes may be required as well as two lane entrances
and two lane exits.
(e)
No parking shall be permitted in the cartway of any access road.
(f)
Interior roadways shall be constructed to the same standards
as access roads and shall have a cartway of 16 feet unless designed
for one-way traffic, in which case the cartway shall be 10 feet.
(g)
They shall be laid out to provide convenient access to campsites
and recreational areas by ambulances, police and other public servants.
(9)
Campgrounds may occupy floodplains. However, no permanent building, such as toilets, campground stores or offices may be located in the floodplain unless provisions for anchoring and proper structural provisions are made and approved by the Township. Applicable approvals of the Pennsylvania Department of Environmental Protection shall be required prior to Township approval. Refer to §
27-2103, Floodplain Regulations, for regulations pertaining to the parking or placement of recreational vehicles in floodplain areas.
(10)
Campsites.
(a)
Each campsite shall be well drained and laid out in such a manner
as to provide sufficient open and graded space for the accommodation
of camping units and shall provide parking space for an automobile
which will not interfere with the convenient and safe movement of
traffic.
(b)
Consistent with these requirements, trees for the provision
of shade shall be disturbed as little as possible and, wherever practicable,
trees, underbrush, large rocks and other natural features should be
left intact at the edges of adjoining campsites to insure privacy.
Natural vegetative cover shall also be retained, protected and maintained
within the campground wherever possible so as to facilitate drainage,
prevent erosion or gullying and preserve the scenic attributes of
the area.
(c)
The campground owner may equip campsites with permanent platforms
and ramps thereto. Campsite occupants may erect canvas awnings, screened
enclosures, temporary platforms and other normal camping equipment,
but all such facilities shall be removed when the camping unit is
removed. Permanent or semi-permanent huts or other living room additions
to camping units shall not be permitted.
(d)
In addition to the structures permitted in accordance with the provisions of Subsection
6U(10)(c), only camping units and campers' automobiles shall be permitted on the campsites.
(e)
Recreational vehicles shall be separated from each other and
from other structures by at least 10 feet. Any accessory structure
such as attached awnings, carports or individual storage facilities
shall, for purposes of this separation requirement, be considered
to be part of the vehicle.
(f)
Each site shall contain a ten-foot by twenty-foot stabilized
vehicular parking pad of gravel, crushed stone, paving or other suitable
material. No part of a recreational vehicle or other unit placed on
a campground site shall be closer than five feet to a campsite line.
(11)
Campgrounds may have provisions for outside amateur sports such as fishing, hiking, bicycling, baseball and swimming, but no facilities, temporary or permanent, may be provided for spectator seating. Swimming pools shall meet the requirements for Subsection
2, Use B10 Residential Accessory Building, Subparagraph (5), Residential Swimming Pool.
(12)
Convenience Facilities.
(a)
Campgrounds shall provide toilets, potable water, shower baths,
refuse disposal facilities and public telephones.
(b)
Each campground shall have an office in which campsite occupancy
records and other required information is kept.
(c)
Campgrounds may have a retail store from which food, camp supplies,
magazines and newspapers, toys and similar merchandise may be sold,
but in no case shall the sale of alcoholic beverages be permitted.
The maximum floor area shall be 1,000 square feet.
(d)
Restaurants, refreshment stands and vending machines dispensing
food are permitted in campgrounds as part of the retail store described
in clause (c) above.
(e)
Coin-operated laundry facilities are permitted.
(13)
Use of the recreation and convenience facilities shall be limited
to the patrons of the campground.
(14)
Nuisances.
(a)
Noise. The operation of public address systems shall be prohibited.
Motorcycles and other noise generators shall not be operated within
the campgrounds except as the camper is arriving or leaving. Athletic
and other spectator events shall terminate not later than 10:00 p.m.
(b)
Open Burning. Neither owner nor camper shall burn refuse in
fireplaces, incinerators, nor other facility or in the open in the
campground.
(15)
Pedestrian Circulation. The pedestrian circulation system shall
be designed, constructed and maintained for safe and convenient movement
from all spaces to principal destinations within the park.
(16)
Illumination. Exterior lighting shall be provided as necessary
for the safety and convenience of occupants of the campground.
(17)
Fireplaces. Cooking shelters, barbecue pits, fireplaces and
stoves shall be so located, constructed, maintained and used as to
minimize fire hazards and smoke nuisances both on the campground and
on neighboring property. No open fire shall be permitted except in
facilities provided. No open fire shall be left unattended and all
open fires shall be extinguished before the users leave the area.
No fuel shall be used, and no material burned, which emits dense smoke
or objectionable odors.
(18)
Toilets. Toilets and urinals shall be provided at one or more
locations in every campground.
(19)
Showers.
(a)
Subject to the provisions of Subsection
6U(19)(e) of this subsection, shower facilities, if provided, shall be separate for males and females and shall be clearly marked.
(b)
The shower stalls shall be of the individual type, be screened
from view, and be not less than 30 inches square.
(c)
Dressing compartments shall be provided for males and females,
which are screened from view and each equipped with a stool or bench.
(d)
Shower stalls and dressing compartments shall be maintained
in a clean condition.
(e)
Open showers provided exclusively for the removal of sand, etc., following beach activities, and wherein bathing attire is not removed, need not comply with the provisions of Subsection
6U(19)(a) and
(b).
(20)
Sanitary Stations.
(a)
Every campground shall have a sanitary station in the ratio
of one for every 70 campsites or fractional part thereof.
(b)
Each station shall be convenient of access from the service
road and shall provide easy ingress and egress for camping vehicles.
Each station shall be conveniently located, but shall not be less
than 300 feet from any campsite.
(c)
Each station shall have an emptying trough and means for flushing
the camping vehicle holding tank and emptying trough with water under
pressure.
1)
The emptying trough shall consist of a concrete slab size four
feet by six feet which has a minimum thickness of five inches. The
surface shall be troweled to a smooth finish and sloped from each
side inward to a sewer inlet. The top of inlet shall be six inches
below the top of the trough sides.
2)
The sewer inlet shall consist of a four-inch self-closing foot-operated
hatch of durable material with cover milled to fit tight. The hatch
body shall be set in the concrete of the emptying trough with the
lip of the opening flush with the surface of the trough to facilitate
the cleansing of the trough with water under pressure. The hatch shall
be properly connected to a sewer inlet which shall discharge to an
approved sanitary sewage disposal facility.
3)
The means for flushing the camping vehicle holding tank and
the emptying trough shall consist of a piped supply of water under
pressure terminating in a valved connection so located and installed
that it will not be damaged by automobiles or camping vehicles. The
connection shall consist of a properly supported riser terminating
at least two feet above the ground surface, with a 3/4 inch valved
outlet to which shall be screwed a flexible hose terminating at a
nozzle. If the supply of water is from a semi-public water supply
or public potable water supply, the connection shall be protected
from backflow by means of an approved vacuum breaker.
4)
Adjacent to the flushing arrangement there shall be posted a
sign of durable material, not less than two feet square in size, and
inscribed thereon in clearly legible letters: NOTICE: THIS WATER FOR
FLUSHING AND CLEANING PURPOSES ONLY.
(21)
Garbage and Refuse.
(a)
The storage and collection of refuse shall be so managed as
to prevent health hazards, rodent harborage, insect breeding, accident
hazards or air pollution.
(b)
All refuse shall be stored in leak-proof, nonabsorbent, rust
and corrosion resistant containers with tight lids.
(c)
Refuse containers shall be conveniently located throughout the
campground, and there shall be a minimum of one container for every
five campsites.
(d)
Refuse containers shall be washed after each emptying and shall
be maintained in a wholesome and non-odorous condition, and to prevent
the breeding of insects therein.
(e)
All refuse shall be collected not less than twice weekly.
(22)
Potable Water.
(a)
An adequate supply of potable water capable of supplying a total
capacity of at least 25 gallons per campsite per day shall be provided
at one or more locations in every campground. The water points shall
be convenient of access, and shall not be located farther than 600
feet from any campsite.
(b)
The connections for potable water shall be so installed that
they will not be damaged by the parking of camping units or automobiles.
Each connection shall consist of a riser with a 3/4 inch valved outlet
threaded so that a standard water hose may be attached between the
riser and the camping unit. If installed above the ground, the riser
shall terminate at least two feet above the ground surface. If installed
in a pit, the riser shall terminate at least 12 inches above the floor
of the pit, and the pit shall be drained to prevent it containing
standing water. The drain for the pit shall not be connected to a
sanitary sewerage system. Surface drainage shall be diverted from
the location of the riser or pit.
(c)
Drinking fountains, if provided, shall be constructed of impervious
material and have an angle jet with a nozzle above the overflow rim
of the bowl. The nozzle shall be protected by a nonoxidizing guard.
The bowl shall be of easily cleanable design, without corners and
the bowl opening shall be equipped with a strainer. Wastewater from
the bowl shall be discharged to a suitable drain by means of a pipe
with an air gap.
(23)
All provisions for toilets, showers, sanitary stations and potable
water shall be approved by the Pennsylvania Department of Environmental
Protection and by New Hanover Township.
(24)
Insect, Rodent and Weed Control.
(a)
Campgrounds shall be kept free from cans, jars, buckets, old
tires and other articles which may hold water and provide temporary
breeding places for mosquitos. Mosquito control measures and supplemental
larvicidal measures shall be undertaken by the owner when the need
is indicated.
(b)
Fly breeding shall be controlled by eliminating unsanitary practices
which provide breeding places. Refuse containers shall be repaired
or replaced when damaged. The area surrounding the containers shall
not be permitted to become littered with garbage nor saturated with
waste liquid from garbage. All refuse containers shall be maintained
in a clean and sanitary condition.
(c)
Insecticidal measures shall be applied if necessary.
(d)
All buildings within the campground shall be rat-proofed, with
special emphasis on those in which food is stored or served. Storage
areas shall be maintained in such a manner as to eliminate the possibility
of rodent harborage.
(e)
The growth of weeds within the campgrounds shall be controlled
as a means toward the elimination of ticks and chiggers.
(f)
Poison ivy, poison oak and poison sumac shall be controlled
within each campsite.
(25)
Responsibilities of Owners and Campers.
(a)
Responsibilities of Owner.
1)
No owner of a campground shall cause or permit any services,
facilities, equipment or utilities required under the provisions of
this chapter to be removed from, shut off or discontinued in any occupied
campground except for such temporary interruption as may be necessary
while actual repairs are in process, or during temporary emergencies
when discontinuance of service is authorized by appropriate government
officials.
2)
The owner of a campground shall maintain in good repair all
roads, water supply systems, drinking facilities, sanitary conveniences,
sewers, storm drains, sanitary stations, sanitary sewage disposal
facilities, electrical equipment, auxiliary buildings, or other services,
facilities, equipment or utilities installed anywhere in the campground.
3)
The owner of a campground shall clear the campground, ditches,
hedge rows and bushes of any broken glass, bottles, cans, refuse and
other litter as often as may be necessary.
4)
Every campground shall be under the supervision of the owner
or his authorized caretaker who, if not in residence at the campground,
shall visit the campground each day the campground is occupied. The
owner, himself, may assume the duties of caretaker. If the caretaker
is not in residence at the campground, information shall be posted
as to where he may be contacted, and also the telephone numbers and
locations of the nearest ambulance, hospital, police department and
fire company.
5)
The caretaker shall maintain in a clean and sanitary condition
the campground, all sanitary conveniences, auxiliary buildings, and
other services, facilities, equipment or utilities installed, collected
and properly disposed of.
6)
It shall be the responsibility of the caretaker to maintain
order within the campground, and he shall have the right to terminate
forthwith the occupancy of any campsite by occupants who violate any
of the provisions of clause (b), Responsibilities of Campers, herein.
7)
The owner shall have printed and shall post at every toilet,
sanitary station and campsite the entire contents of clause (b), Responsibilities
of Campers.
(b)
Responsibilities of Campers. Each camper shall be responsible
for compliance with the provisions of this subsection.
1)
The campsite occupied by a camper and his party shall be maintained
in a clean and wholesome condition. Refuse, garbage, paper, litter,
broken glass, bottles, cans, caps from cans and bottles, hazardous
materials and other refuse shall be deposited in refuse containers
furnished by the campground.
2)
Every dog or other pet permitted in the campground shall be
kept under control at all times and shall not be permitted to create
a public health or noise nuisance. Dogs shall not be left unattended
at a campsite. Dung shall be removed immediately and be buried in
a location which will not interfere with the site for camping purposes.
3)
Campfires shall be maintained only in the fireplaces provided
by the campground and shall be used in such a manner that they will
not create a hazard to vegetation, undergrowth, trees and camping
units. Fires shall not be left unattended, and shall be completely
extinguished before the campsite is vacated, and before retiring for
the night and before any temporary or permanent absence from the site.
4)
All services, facilities, equipment or utilities provided by
the campground shall be used only in the manner for which they are
intended. Toilets, showers, sanitary stations, campsites, roads, walks
and buildings shall be maintained in a clean condition consistent
with their normal usage.
5)
Sanitary sewage from camping vehicles shall be discharged only
into individual sewer connections or sanitary stations. Temporary
methods of sanitary sewage disposal shall not be permitted in the
campground. Plastic bags containing fecal matter shall not be deposited
into toilets nor refuse containers.
6)
Washing of the person, clothing, dishes, utensils or any other
equipment shall not be permitted at any location intended solely for
use as a potable water supply location.
7)
Undue noise shall not be permitted at any time, and particularly
between the hours of 10:00 p.m. and 8:00 a.m.
8)
Vandalism or other unseemly or rowdy behavior shall not be permitted.
9)
No live woody vegetation or other live plants shall be cut,
disturbed or removed from the campground.
10) The violator of any of these regulations shall
be immediately ejected from the campground.
(26)
License.
(a)
It shall be unlawful to operate a campground in New Hanover
Township unless a license has been issued by the Board of Supervisors
and unless a permit has been issued by the Pennsylvania Department
of Environmental Protection. Such license shall be valid until one
year from date of issuance and a new application shall be made each
year thereafter.
(b)
Licenses Are Not Transferable. Notice in writing shall be given
the Board of Supervisors within 10 days after a campground has been
sold, transferred, given away, leased or the controlling interest
otherwise changed.
(c)
Applications shall be accompanied by complete layout and construction drawings which shall conform to the provisions of this chapter and to the construction standards of Chapter
22, Subdivision and Development.
(d)
Additions, deletions or alterations to the campground layout
or facilities shall be approved by the Township by means of an application
for a revision to the license. Such application shall be accompanied
by appropriate drawings showing the proposed work.
(e)
All first applications and applications for revisions and alterations
of a campground shall be accompanied by a fee as required by the Township.
(27)
The owner shall keep and maintain a weekly registration list
giving the name of the camper or registrant for the campsite, the
time and date of his occupancy of the campsite and the time and date
of his leaving. At any reasonable time, the Township shall also have
the right to inspect the campground registration list kept by the
owner personally. Such list shall be maintained in the campground
office, shall be accurate and shall be kept current on a daily basis.
The owner shall retain the registration lists for a period of two
years.
(28)
Sewage disposal methods shall conform with the requirements
of the Township Sewage Facilities Plan.
(29)
One detached dwelling per camping park may be permitted for the use of the owner or operator of the camping park. The minimum lot area for this detached dwelling shall be 1.8 acres in addition to the lot area required in Subsection
6U(2), Minimum Site Area, above.
V. F21 Golf Course. Golf course (not including miniature golf course),
including accessory club house, restaurant and other accessory uses,
provided they are clearly subordinate to the golf course.
(1)
Minimum Lot Area.
|
Regulation
|
18 hole
|
130 acres
|
|
Executive
|
18 hole
|
75 acres
|
|
|
9 hole
|
50 acres
|
|
Par 3
|
18 hole
|
45 acres
|
|
Par 3
|
9 hole
|
25 acres
|
(2)
No building shall be closer than 100 feet to any lot line. The
green, tee and fairway setbacks of Subsection 4D(5) Golf Course-Residential
Community (3)(f) shall be met. The buffer requirements of Subsection
4.D(5) Golf Course-Residential Community, (3)(g), Minimum Buffer Requirements,
2) through 4) shall be met.
(3)
Parking. One off-street parking space for every five members or users of total capacity, or at least one off-street parking space for each 50 square feet of total floor area, including accessory buildings, used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces. Parking areas shall be screened as specified in §
27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential
use.
(4)
Within a golf course development, the following uses shall be
permitted by right:
(a)
Golf course greens, tee areas and fairways.
(b)
Retail pro shop - golf club repair facility.
(c)
Golf teaching facilities.
(d)
Golf practice facilities - driving range and/or putting green.
(e)
Locker and shower facilities.
(f)
Golf half-way/shelter facility, comfort station (rest room facility)
and/or private pavilion (a roofed unenclosed structure) which is 150
square feet or less in floor area.
(g)
Golf cart facilities - caddy shack.
(h)
Kitchen and snack bar, which may serve alcoholic beverages,
occupying not more than 1,500 square feet of total floor area for
the placement of the kitchen, tables, chairs, bar and all other facilities
associated with the snack bar. No sign, other than signs placed on
the building in which the snack bar is located, shall advertise or
give direction to the snack bar.
(i)
Administrative, membership, management office facilities directly
related to the golf course.
(5)
Country club and/or clubhouse facilities when approved by special
exception:
(a)
Any of the facilities included in Subsection
6V(4), above, when combined with any of the facilities noted in the following Subsection
6V(5)(b) through
(o).
(c)
Membership, management, administrative offices.
(d)
Dining facilities, grill room, lounge, bar, snack bar, banquet
facilities.
(f)
Conference and/or meeting facilities.
(g)
Overnight guest accommodations.
(h)
Related kitchen facilities.
(i)
Indoor recreation facilities.
(j)
Outdoor recreation facilities.
(l)
Exercise and spa facilities.
(m)
Tennis, racquet, paddle, mallet and similar sports facilities.
(n)
Retail pro shop for sports equipment.
(o)
Other facilities directly related to the country club/clubhouse
use as approved by special exception.
1)
Indoor area devoted to all such uses shall not exceed 50,000
square feet of total floor area.
2)
No more than six tennis courts shall be included in the development.
3)
Not more than two swimming pools may be included in the development.
W. F22 Motel-Hotel. A building or group of buildings for the accommodation
of guests, containing guest rooms for rent.
(1)
Motels and hotels may include accessory restaurant facilities, conference facilities, meeting rooms, tavern facilities and other service and retail facilities. In addition to the parking requirements of Subsection
6W(3), below, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of total floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.
(2)
The use of any amenities provided at the motel or hotel such
as swimming pools and tennis courts shall be restricted in use to
guests of the establishment.
(3)
Parking. One off-street parking space for each rental room or
suite.
X. F23 Inn. A building or group of buildings containing guest rooms
for rent.
(1)
Inns may include accessory restaurant and tavern facilities. In addition to the parking requirements of Subsection
6X(3), Parking, below, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of total floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.
(2)
The use of any amenities provided at the inn such as swimming
pools and tennis courts shall be restricted in use to the guests of
the establishment.
(3)
Parking. One off-street parking space for each rental room or
suite.
Y. F24 Guesthouse. The use and occupancy of rented rooms in a detached
dwelling for the accommodation of transient guests for rent.
(1)
No more than six guest rooms may be provided. No more than two
adults and children may occupy one guest room.
(2)
One off-street parking space shall be provided for each guest room, plus two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and any residentially zoned property by a five-foot fence or plant material as specified in §
27-2106, Table 27-3, Subsection
D, Hedge, and Subsection
E, Hedgerow, of this chapter.
(3)
There shall be no use of show windows for display or advertising
visible outside the premises to attract guests other than a single,
nonilluminated sign which may not exceed four square feet.
(4)
No external alterations, additions or changes to the exterior
structure shall be permitted except as required by the Pennsylvania
Department of Labor and Industry or for safety reasons as required
by another governmental agency.
(5)
The use shall be carried on primarily by members of the immediate
family which must reside on the premises. Nonresident employees shall
be limited to two in addition to the resident members of the family.
(6)
There shall be no separate kitchen or cooking facilities in
any guest room. Food service to guests on the premises shall be limited
to breakfast and afternoon tea only.
(7)
The maximum, uninterrupted length of stay at a guesthouse shall
be 14 days.
(8)
The use of any amenities provided by the guesthouse such as
a swimming pool or tennis courts shall be restricted in use to the
guests of the establishment.
(9)
The use may not be established until there is compliance with
the other Township rules and regulations. In addition to original
compliance, the guesthouse will be periodically inspected by the Fire
Marshall for compliance with all Township safety standards.
(10)
Sewage disposal methods shall conform with the requirements
of the Township Sewage Facilities Plan.
Z. F25 Service Station or Car-Washing Facility. The retail sale of vehicular
fuels and/or car-washing facility; and including as accessory uses
the sale and installation of lubricants, tires, batteries and similar
accessories and/or the sale of groceries and similar convenience-type
products.
(1)
Minimum lot width of not less than 250 feet shall be provided
along each street on which the lot abuts.
(2)
The sale of convenience-type products shall be limited to a
maximum floor area of 2,000 square feet.
(3)
Access to roads shall be at least 200 feet from the intersection
of any streets.
(4)
All activities except those to be performed at the fuel pumps
shall be performed within a completely enclosed building.
(5)
Fuel pumps and canopies shall be at least 25 feet from any ultimate
street right-of-way.
(6)
All automobile parts and similar articles shall be stored within
a building.
(7)
All refuse shall be stored within a building or enclosed area.
(8)
Paint spraying or body and fender work shall not be permitted.
(9)
Lubrication, oil changes, tire changes and minor repairs permitted
if entirely within a building.
(10)
Vehicles shall not be stored outdoors for more than 20 days.
(11)
Junk vehicles may not be stored in the open at any time.
(12)
Only one vehicle may be offered for sale at any one time on
such property.
(13)
Approval shall be secured from the Pennsylvania State Police
Fire Marshal for the underground storage of fuel. The Pennsylvania
State Police Fire Marshal shall be contacted if fuel tanks are temporarily
or permanently abandoned.
(14)
Parking. One off-street parking space for every 200 square feet
of total floor area, or two off-street parking spaces for each service
bay, whichever is larger. Off-street parking spaces shall not be part
of, nor interfere with, the access ways to the pumps.
AA. F26 Automobile Sales and Rental. Sale and rental of automobiles by
a duly franchised new car dealership, used car sales, car, truck,
trailer, cycle and boat rental including repair work conducted as
an accessory use.
(1)
Minimum lot area: two acres.
(2)
Parking. One off-street parking space for each 100 square feet
of total floor area and one off-street parking space for each 5,000
square feet of total outside vehicle display area. This required parking
shall not be used for the display of automobiles offered for sale
or lease.
BB. F27 Automobile Repair. Automobile repair garage, including paint
spraying and body and fender work, provided that all repair and paint
work is performed within an enclosed building.
(1)
All automobile parts, refuse, and similar articles shall be
stored within a building or enclosed area.
(2)
Vehicles awaiting repairs and junk vehicles may not be stored
outdoors more than 20 days.
(3)
Parking. One off-street parking space for each 100 square feet
of total floor area.
CC. F28 Automotive Accessories. Sale of automotive accessories, parts,
tires, batteries and other supplies. Installation and storage of parts
shall be in an enclosed structure.
(1)
Parking. One off-street parking space for each 100 square feet
of total floor area.
DD. F29 Truck and Farm Equipment Sales. Truck, heavy equipment and farm
equipment repair and sales.
(1)
Parking. One off-street parking space for each 200 square feet
of total floor area.
EE. F30 Shopping Center. A neighborhood or community shopping center
which is planned and designed as a complex of related structures and
circulation patterns.
(1)
Minimum site area: 10 acres.
(2)
Not more than 25% of the total site area shall be occupied by
buildings.
(3)
A shopping center may include Use E1 Medical Office, Use E3
Office, Use F1 Commercial School, Use F2 Day-care center, Use F3 Retail
Store, Use F6 Service Business, Use F7 Financial Establishment, Use
F9 Eating Place, Drive-in and Other Eating Place, Use F11 Tavern,
Use F13 Indoor Entertainment, Use F14 Theater, Use F15 Indoor Athletic
Club, Use F28 Automotive Accessories, Use F33 Nonresidential Conversion
and Use G3 Public Transportation Terminal.
(4)
Any use of the same general character as any of the above permitted
uses, when authorized as a special exception by the Zoning Hearing
Board, provided that such use shall be permitted subject to such reasonable
restrictions as the Board may determine.
(5)
No building or permanent structure, other than a permitted sign,
shall be erected within 100 feet of a street line, or within 50 feet
of any property line. No parking, loading or service area shall be
located less than 30 feet from any property line, with the further
requirement that parking, loading or service areas shall not be permitted
within the required buffer yard.
(6)
The proposed development shall be constructed in accordance
with an overall plan and shall be designed as a single architectural
style with appropriate landscaping.
(7)
Outdoor storage and displays shall conform to the provisions
of Use I2.
(8)
The distance at the closest point, between any two buildings
or groups of units of attached buildings, shall be not less than 20
feet.
(9)
Municipal sewer service and Public Utilities Commission certified
water shall be required and shall be provided by the developer. [Ord.
95-8B]
(10)
Parking. Four and one-half off-street parking spaces shall be
provided and maintained for each 1,000 square feet, or portion thereof,
of gross leasable area.
(11)
Conditional reduction of parking improvements, refer to §
27-1914, Reduction of Nonresidential Parking Requirements, of this chapter.
FF. F31 Miniwarehouse. Warehouse/storage units provided for lease to
the general public for the purpose of storage of articles commonly
associated with residential properties.
(1)
Dimensional Requirements.
|
Minimum lot area
|
5 acres
|
|
Maximum building coverage
|
30%
|
|
Maximum impervious surface ratio
|
55%
|
|
Minimum setbacks from roads
|
75 feet
|
|
Minimum setbacks from property lines
|
50 feet
|
|
Minimum lot width
|
150 feet
|
|
Maximum height storage units
|
12 feet
|
|
Maximum height other buildings
|
35 feet
|
(2)
Minimum aisle width between buildings shall be 26 feet.
(3)
The storage facilities complex shall be surrounded by an eight-foot (minimum) fence within the buffer yard and one canopy tree (two-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one evergreen tree (three-foot minimum height) at an average of one tree per 20 lineal feet of buffer. Refer to §
27-2106, Table 27-3, Plant Materials List. The trees shall be placed between the fence and the property
line.
(4)
Outdoor storage of automobiles, boats and recreation vehicles is permitted if they are within the fenced area. A maximum of two square feet of outdoor storage area shall be permitted for every one square foot of indoor storage area. The parked vehicles shall not interfere with traffic movement through the complex and shall meet the minimum setbacks noted in Subsection
6FF(1) above.
(5)
The conversion of one or more units to any other use must meet the use, area and dimensional requirements for the intended use as a principal use in the zoning district and the requirements of Use F33 Nonresidential Conversion. The conversion of a mini warehouse, use or complex may be permitted only as a special exception under §
27-2607, Powers and Duties; Special Exceptions, of this chapter.
(6)
One office and dwelling unit is permitted as an accessory use
to provide for a full-time caretaker.
(7)
Approval shall be obtained from the Township Police Chief and
Fire Marshal regarding security and fire protection.
(8)
Each structure shall not exceed 6,000 square feet in size.
(9)
Minimum Requirements for Lease Restrictions.
(a)
No business activities other than leasing of storage units shall
be permitted.
(b)
No explosive, toxic, radioactive or highly flammable materials
shall be stored on the property.
(10)
Parking. One space for each five storage units or, if the size
and number of units is flexible, one space for each 2,000 square feet
of total floor area and outside storage area. These parking spaces
should be distributed equally throughout the storage area. If a manager's
living quarters are included, two additional spaces are required.
One additional space for each 25 storage compartments or, if the size
and number of units is flexible, one space for each 10,000 square
feet of total floor area to be located at the project office for use
by prospective clients.
GG. F32 Dwelling in Combination. An accessory dwelling unit that is clearly
subordinate to an institutional, commercial, consumer service or office
use.
(1)
Where permitted, a dwelling in combination may be used as an
accessory use with an institutional, commercial, consumer service
or office use that is permitted within the applicable district. Where
permitted, a dwelling in combination may be used as an accessory use
with a nonconforming institutional, commercial consumer service or
office use under the requirements of Part 22, Nonconformities.
(2)
The requirements of §
27-305, Subsection
2H, B8 Residential Conversion, Subparagraphs (2), (3), (4), (6), (7), (10) and (13) shall be met.
(3)
In the R-25, R-15, LI and HI Districts, not more than one dwelling
in combination shall be accessory to a principal nonresidential use.
(4)
The maximum density in the CB-2 District shall be three dwelling
units per acre.
[Amended by Ord. No. 21-12, 12/2/2021]
HH. F33 Nonresidential Conversion. The conversion of an existing structure
to a permitted nonresidential use; the conversion of an existing nonresidential
use to another permitted nonresidential use; or the conversion of
an existing structure to two or more permitted nonresidential uses,
where such multiple use activity is otherwise permitted by this chapter.
[Ord. 95-8B]
(1)
This use shall apply to the conversion of all nonresidential
uses (e.g., institutional, recreational, office, commercial, consumer
service, industrial, etc.)
(2)
The conversion of a structure to two or more uses shall require approval as a land development under the provisions of Chapter
22, Subdivision and Land Development.
(3)
A new zoning permit is required each time a structure or use
is converted.
(4)
A certificate of occupancy is required for each use.
(5)
All parking and other requirements for the particular use shall
be met.
II. F34 Multiple Commercial Center. A planned development of related
commercial uses which incorporates necessary site improvements to
foster an integrated commercial district.
(1)
Minimum site area: one acre.
(2)
Not more than 30% of the total site area shall be occupied by
buildings.
(3)
No more than 70% of the base site area shall be covered by impervious
surfaces.
(4)
In a multiple commercial center, Use E1 Medical Office, Use
E3 Office, Use F1 Commercial School, Use F3 Retail Store, Use F6 Service
Business, Use F7 Financial Establishment, Use F9 Eating Place, Use
F15 Indoor Athletic Club, Use H4 Printing, Use I10 Signs and Use F33
Nonresidential Conversion may be permitted as uses by right.
(5)
Use F10 Drive-in and Other Eating Place and Use F1 Tavern may be permitted when approved by special exception, subject to the criteria stated in §
27-2607, Powers and Duties; Special Exceptions, Subsection 4S, F10 Drive-In/Other Eating Places and F11 Tavern.
(6)
Dimensional Requirements. The minimum yard and the maximum height
requirements shall be met for the overall development. The lot width
of the overall development shall not be less than 150 feet.
[Amended by Ord. No. 21-12, 12/2/2021]
(7)
The proposed development shall be constructed in accordance
with an overall plan and shall be designed as a single architectural
style.
(8)
Outdoor storage and displays shall conform to the provisions
of Use I2 Outside Storage or Display.
(9)
Municipal sewer service and Public Utilities Commission certified
water service shall be required and shall be provided by the developer.
(10)
The minimum distance between buildings shall be 20 feet.
(11)
Parking. Five and one-half parking spaces shall be provided
and maintained for each 1,000 square feet, or portion thereof, of
gross leasable area.
JJ. F35 Combined Convenience Commercial (CCC). A commercial use that
incorporates two or more related retail uses.
(1)
Minimum site area: one acre.
(2)
Combined convenience commercial uses require special exception
approval. Any change or addition to the uses permitted by special
exception shall require the submission of a revised special exception
application.
(3)
Not more than 30% of the base site area shall be occupied by
buildings. The maximum floor area shall be 5,000 square feet.
(4)
Not more than 70% of the base site area shall be covered by
impervious surfaces.
(5)
In a combined convenience commercial use, uses F3 Retail Store,
F6 Service Business, F7 Financial Establishment, F10 Drive-In Eating
Place, F25 Service Station or Car-Washing Facility, F28 Automotive
Accessories may be permitted.
(6)
In the CC Convenience Commercial District, the minimum yard and maximum height requirements of §
27-1403 shall be met. The minimum lot width requirement shall be 250 feet along each street on which the lot abuts. All portions of a canopy over gasoline pumps shall meet the minimum yard requirements.
[Amended by Ord. No. 21-12, 12/2/2021]
(7)
The proposed development shall be designed as a single architectural
style and shall be constructed in accordance with an overall plan.
(8)
Outdoor storage and displays shall conform with the provisions
of Use I2 Outside Storage or Display.
(9)
Municipal sewer service and Public Utilities Commission certified
water service shall be provided by the developer.
(10)
The minimum distance between buildings shall be 20 feet.
(11)
Drive-up service windows shall have a vehicle waiting line-stacking
area for at least six vehicles. The waiting line area shall be separated
from other circulation lanes and appropriate vehicular circulation
shall be provided.
(12)
No tables, counters or other facilities shall be provided for
the consumption of food on the premises.
(13)
Access drives shall be located at least 200 feet from the intersection
of the center lines of any intersecting streets to the closest paved
portion of any access drive.
(14)
For automobile service or repair facilities, the provisions of Use F25, Subsection
6JJ(4) through
(12) shall be met.
(15)
Speaker boxes shall be designed so that they are not audible
from any adjacent residential property. Speaker boxes shall not be
used between 10:00 p.m. and 7:00 a.m. if the site adjoins a property
zoned or used for residential purposes.
(16)
Off-street parking spaces shall not be part of, nor interfere
with, the accessways through the development or to the pumps. On-site
circulation shall be provided that is separate from the pump islands
and the drive-up window vehicle waiting line-stacking area.
(17)
Parking. Five and one-half parking spaces shall be provided
and maintained for each 1,000 square feet, or portion thereof, of
gross floor area.
7. Utility, Service and Transportation Uses.
A. G1 Utilities. Transformer station, pumping station, relay station,
towers (transmission, water or relay), substations, switching center,
sewage treatment plant and any similar or related installation, not
including public incinerators and public or private landfills.
(1)
Except in commercial and industrial zoning districts, no public
business office or any storage yard or storage building shall be operated
in connection with it.
(2)
A buffer yard shall be provided along all property lines which shall include adequate means for visual screening and meet the requirements of §
27-2106, Buffer Yards, of this chapter.
(3)
Towers, aerials, masts and other similar structures other than
buildings shall be set back from all property lines a distance of
at least 1.25 times the height of the structure. Such structures shall
be anchored to the ground in a manner satisfactory to the Township.
Such structures shall not be subject to the maximum height limitations
of this chapter. However, such uses are permitted as special exceptions
by the Zoning Hearing Board.
(4)
Parking. Two off-street parking spaces, or one space per employee,
whichever requires the greatest number of spaces.
B. G2 Emergency Services. Fire, ambulance, rescue and other emergency
services of a municipal or volunteer nature.
(1)
Parking. Four off-street parking spaces for each fire truck
where no community room is a part of the building. Where a community
room is provided, two off-street parking spaces for each fire truck
plus one off-street parking space for each 100 square feet of total
floor area.
C. G3 Public Transportation Terminal. Bus or taxi station or terminal
or public parking lot or parking garage.
(1)
Parking. Off-street parking spaces as the Zoning Hearing Board
shall determine adequate to serve customers, patrons, visitors, employees
and vehicles normally parked on the premises.
D. G4 Airport or Heliport.
(1)
In addition to the airport or heliport, accessory office, service,
industrial or commercial uses may be approved by the Zoning Hearing
Board as special exceptions. The area, dimensional, coverage, buffering,
impervious surface limitations and parking requirements for the specific
use shall be met.
[Amended by Ord. No. 21-12, 12/2/2021]
(2)
Approval shall be secured from the Pennsylvania Department of
Transportation, Bureau of Aviation.
(3)
A "stopway" of at least 200 feet in length and having a width
equal to that of the paved runway shall be provided between each end
of the runway and the property line of the airport tract.
(4)
All buildings, runways, taxi ways, parking areas, warm-up pads,
aprons, lights, communication facilities, tie-down areas, repair facilities,
refueling facilities, etc., shall conform to the setback requirements
of this chapter.
(5)
A steel post and mesh Class "E" wire fence having a height of
four feet shall enclose that part of the airport tract which is used
by aircraft so that animals and unauthorized persons and vehicles
are restrained from entering the aircraft operating area.
(6)
The owners, lessees and operators of the airport shall take
all possible actions to protect the peace, safety and air quality
of the environment of the area surrounding the airport. This shall
include:
(a)
The establishment of flight patterns and ground traffic patterns.
(b)
The location of warm-up ramps, parking area, tie-down areas
or hangars.
(c)
Flight training shall not be scheduled before 7:00 a.m. or after
10:00 p.m.
(d)
Air shows, displays, etc., shall meet the requirements of Use
I4 Temporary Community Event.
(e)
The requirements of Part 20, Nuisance Standards, shall be met
so as to create the least amount of noise, dust, dirt, disturbance,
annoyance, hazard and limitation on the enjoyment of the residents
and property owners of the Township.
(7)
The buffer requirements of §
27-2106, Buffer Yards, of this chapter shall be met. In addition, warm-up ramps, parking areas, tie-down areas and hangars shall meet the buffer requirements of this chapter.
(8)
No airport or heliport shall be established if its flight pattern
will conflict with the flight pattern of any existing airport or heliport.
(9)
Parking. Off-street parking spaces for the principal airport
or heliport facility as the Zoning Hearing Board shall determine adequate
to serve customers, patrons, visitors, employees and vehicles normally
parked on the premises.
E. G5 Cellular Communications/Telecommunications Facility. An accessory
or a principal use of land that contains a cellular communication/telecommunication
antenna, its support structure, accessory building(s) and parking
(hereinafter titled a communications facility), and may include other
accessory facilities associated with and ancillary to cellular communication/telecommunication
transmission.
(1)
These uses may be permitted by special exception in the R-2,
R-2M, LI and HI Districts and on property owned by the Township of
New Hanover and used for municipal service facilities.
(2)
All other uses ancillary to the communications facility, antenna
and associated equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the cell site, unless
otherwise permitted in the zoning district in which the cell site
is located.
(3)
The minimum site area shall be five acres in zoning districts
other than LI and HI. In the LI and HI Districts, the minimum lot
area requirement for the applicable district shall apply.
(4)
The maximum height of the associated building(s) shall be 24
feet. The maximum height of the antenna shall be as approved by special
exception.
(5)
The minimum setback from the base of the antenna and any right-of-way
or property line shall be 1 1/4 the height of the structure.
(6)
A fence shall be provided around the compound of the communications
facility which contains the antenna and associated buildings and equipment.
The fence shall be between six feet and eight feet in height.
(7)
The minimum setback from the fence surrounding the communications
facility compound shall be the minimum yard requirements for the zoning
district or 40 feet, whichever is the greater requirement.
(8)
On lots of 10 acres or smaller, a communications facility shall
not be located in the front yard of a residential structure. On lots
of greater than 10 acres, a facility shall not be located in the minimum
front yard as specified in this chapter.
(9)
A planted buffer shall be provided around the fenced facility. The buffer shall meet the Class C planting options of §
27-2106, Table 27-2, Planting Options. The minimum buffer width requirement of §
27-2106, Table 27-2, Planting Options, shall not be required around the communications facility.
(10)
A communications facility that is designed to be unattended on a daily basis and would be visited only for regular maintenance purposes may be located on a property which contains another principal use and the limitation to one permitted use of §
27-301, Applicability of Regulations, shall not apply.
(11)
Antenna support structures under 200 feet in height should be
painted silver or have a galvanized finish in order to reduce visual
impact. Support structures may be painted green up to the height of
nearby trees. Support structures 200 feet in height or taller, or
those near airports, shall meet all Federal Aviation Administration
(FAA) regulations. No antenna support structure shall be artificially
lighted except when required by the FAA.
(12)
The joint use of a communications facility with the antenna to be attached to an existing or approved communications tower, smoke stack, water tower or other structure which is permitted to exceed the maximum height requirement, pursuant to §
27-1910, Height, of this chapter, is encouraged. The height of the antenna shall not exceed the height of the existing or approved structure by more than 15 feet.
(13)
Not more than one structure which exceeds the maximum height
requirement of this chapter shall be located on any one property.
(14)
No communications facility tower shall be located within 1/4
mile of another communications facility tower.
(15)
Parking. For a facility designed to be unattended except for
regular maintenance, one off-street parking space; otherwise, two
off-street parking spaces or one per employee, whichever requires
the greatest number of spaces.
F. G6 Local Post Office. A post office use with or without sorting facilities
and on-site parking for postal vehicles.
(1)
Parking. One off-street parking space for each 200 square feet
of total floor area used or intended to be used for servicing customers.
8. H Industrial Uses.
A. H1 Manufacturing. Manufacturing, including the production, processing,
cleaning, testing and distribution of materials, goods, foodstuffs
and products.
(1)
Parking. One off-street parking space for each employee on the
largest shift, or one off-street parking space for every 500 square
feet of total floor area, whichever is greater, plus one space for
each company vehicle normally stored on the premises.
B. H2 Research. Research, testing or experimental laboratory.
(1)
Parking. One off-street parking space for each employee on the
largest shift, or one off-street parking space for every 250 square
feet of total floor area, whichever is greater, plus one space for
each company vehicle normally stored on the premises.
C. H3 Wholesale Business, Wholesale Storage, Warehousing. Wholesale
business, wholesale storage or warehousing with no retail sales.
(1)
No explosive, toxic, radioactive or highly flammable materials
shall be stored on the premises.
(2)
Parking. One off-street parking space for each employee on the
largest shift, or one off-street parking space for every 500 square
feet of total floor area, whichever is greater, plus one space for
each company vehicle normally stored on the premises.
D. H4 Printing. Printing, publishing, binding.
(1)
Parking. One off-street parking space for each employee on the
largest shift, or one off-street parking space for every 500 square
feet of total floor area, whichever is greater, plus one space for
each company vehicle normally stored on the premises.
E. H5 Contracting. Contractor offices and shops such as building, cement,
electrical, heating, masonry, painting and roofing and similar activities.
(1)
All materials and vehicles shall be stored within a building
or an enclosed area which is properly screened.
(2)
Parking. One off-street parking space for each employee on the
largest shift, or one off-street parking space for every 500 square
feet of total floor area, whichever is greater, plus one space for
each company vehicle normally stored on the premises.
F. H6 Truck Terminal. A use of land or structures for the storage of
trucks and/or the transfer of freight from one truck to another.
(1)
Short term warehousing may be permitted under this use.
(2)
Trucks with compressors running 24 hours a day shall be located
within a quadrangle of buildings or walls or an enclosed building.
(3)
Parking. One off-street parking space for each employee, or
one space for every 500 square feet of total floor area, whichever
requires the greater number of spaces, plus one space for each company
vehicle normally stored on the premises.
G. H7 Crafts. Plumbing, carpentry, upholstery, cabinetmaking, furniture
making, planing mill and similar crafts.
(1)
Parking. One off-street parking space for each employee on the
largest shift, or one off-street parking space for every 500 square
feet of total floor area, whichever is greater, plus one space for
each company vehicle normally stored on the premises.
H. H8 Lumber Yard. Lumber yard where lumber products are sold and/or
processed. This principal use may be used in conjunction with a planing
mill.
(1)
Parking. One off-street parking space for each employee on the
largest shift at maximum employment, but in no case less than one
off-street parking space for every 300 square feet of total office
and customer service area.
I. H9 Mill. Mill where grain and similar products are processed.
(1)
Parking. One off-street parking space for each employee on the
largest shift plus one space for every 250 square feet of total floor
area used for servicing customers.
J. H10 Fuel Storage and Distribution. Storage and distribution of fuel.
(1)
Approval shall be secured from the Pennsylvania State Police
Fire Marshal for the storage of fuel in excess of 5,000 gallons and
the Environmental Protection Agency, where applicable.
(2)
Parking. Off-street spaces as the Zoning Hearing Board shall
determine adequate to serve customers, employees, visitors and vehicles
normally parked on the premises.
K. H11 Junkyard. An area of land, with or without buildings, used for
the storage, outside of a completely enclosed building, of used or
discarded materials including, but not limited to, wastepaper, rags,
metal, building materials, house furnishings, machinery, vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
of two or more motor vehicles not having valid inspection stickers
issued by the Pennsylvania Department of Transportation, excluding
farm vehicles, or of two or more wrecked or broken vehicles, or the
major parts of two or more such vehicles, shall only be stored in
a licensed junkyard.
(1)
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.
(2)
The boundaries of any junkyard shall at all times be clearly
delineated.
(3)
All paper, rags, cloth and other fibers, and activities involving
the same, other than loading and unloading, shall be within fully
enclosed buildings.
(4)
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.
(5)
Such junkyard shall be entirely enclosed by a solid fence or
wall, at least eight feet but no more than 10 feet high, constructed
of plank boards, brick, cinder block or concrete, with access only
through solid gates. The fence or wall shall be situated no closer
to any street or properly line than 50 feet. Such fence or wall shall
be kept in good repair and neatly painted in uniform color.
(6)
The contents of such a junkyard shall not be placed or deposited
to a height greater than the height of the fence or wall herein prescribed.
(7)
Between the fence or wall and the street or property line, buffer plantings of materials specified in §
27-2106 shall be placed that are either:
(a)
One canopy tree (two-inch caliper minimum) at an average of
one tree per 40 lineal feet of buffer plus one evergreen tree (four-foot
minimum height) at an average of one tree per 20 lineal feet of buffer.
(b)
One canopy tree (two-inch caliper minimum) at an average of
one tree per 40 lineal feet of buffer plus one deciduous shrub (four-foot
minimum height) per four lineal feet of buffer. Shrubs shall be privet,
forsythia or viburnum species.
(8)
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 material, preventing
the collection of stagnant water, extermination procedures or other
means.
(9)
No explosive, toxic, radioactive or highly flammable materials
shall be kept on the property.
(10)
No burning shall be carried on 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
(gas tanks shall be drained) by the provision of adequate aisles (at
least 15 feet) for escape and firefighting, and by other necessary
measures.
(11)
All vehicles must be drained of all liquids before they are
placed in the junkyard. An impervious base, free of cracks and sufficiently
large for draining liquids from all vehicles, shall be provided. The
base should be sloped to drain to a sump or holding tank and liquid
shall be removed from the site as often as is necessary to prevent
overflow of the system. Curbing around the pad must be able to retain
runoff from a one-hundred-year, twenty-four-hour storm. All hazardous
liquids shall be properly disposed of according to the Department
of Environmental Protection's rules and regulations.
(12)
The natural resource protection standards of §
27-2101, Natural Resource Protection Standards, shall be met.
(13)
A junkyard license shall be renewed on an annual basis on or
before July 1.
(14)
The requirements of Chapter
13, Licenses, Permits and General Business Regulations, Part
2, Junkyards and Refuse, shall be met. Refer to §
27-103, Interpretation, for differences between this chapter and said Chapter
13, Part
2.
(15)
Parking. One off-street parking space for each employee on the
largest shift plus three spaces for customer parking.
M. H13 Industrial Park. An industrial park is a planned development
of industrial and related uses which includes improvements for internal
streets, coordinated utilities, landscaping and buffering.
(1)
Industrial uses may be located in detached or attached structures.
(2)
Dimensional Requirements.
|
Minimum site area
|
10 acres
|
|
Minimum setback from street and property lines-site
|
100 feet
|
|
Minimum frontage at street lines-site
|
150 feet
|
|
Minimum building spacing
|
100 feet
|
|
Maximum height
|
24 feet
|
|
Minimum setback-internal street
|
50 feet
|
(3)
An industrial park may include Use E3 Office, Use F7 Financial
Establishment, Use F9 Eating Place, Use F15 Indoor Athletic Club,
Use F22 Motel-Hotel, Use H1 Manufacturing, Use H2 Research, Use H3
Wholesale Business, Wholesale Storage, Warehousing, Use H4 Printing
and Use H5 Contracting.
(4)
At least 70% of the total floor space of the park must be used
for industrial uses.
(5)
Accessory outside storage of materials, goods or refuse must be buffered around the area devoted to storage either by six-foot cedar or spruce fence or a hedgerow at least four feet in height with appropriate material as specified in §
27-2106, Table 27-3, Subsection
D, Hedge, and Subsection
E, Hedgerow, planted on three-foot centers.
(6)
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
(7)
No use shall emit noise in such quantity as to be audible beyond
its lot lines. In addition, the nuisance standards of this chapter
shall be met.
(8)
All uses within the industrial park shall take access from an
interior roadway. Access for the park shall be from an arterial or
collector highway.
(9)
All parking, loading facilities and outside storage areas shall
be located to the rear or side of buildings.
(10)
Interior roadways shall have street trees, planted on forty-foot centers in accordance with §
27-2106, Table 27-2, Planting Options, Option A, of this chapter.
(11)
All commonly owned elements shall be owned and maintained in
accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§ 3101 et seq., or other ownership arrangement approved
by the Board of Supervisors.
(12)
The applicant shall submit a plan for the overall design and
improvements to the industrial park.
(13)
Parking. One off-street parking space for each employee on the
largest shift or one space for every 500 square feet of total floor
area, whichever is greater, plus one space for each company vehicle
normally stored on the premises. In addition, one visitor parking
space for each 10 management employees shall be provided.
(14)
Conditional reduction of parking improvements, refer to §
27-1914, Reduction of Nonresidential Parking Requirements.
N. H14 Resource Recovery Facility. A facility or land that is used for
any one or a combination of the following or similar uses: autoclaving,
composting, incineration, material separation, recycling or trash
transfer. A resource recovery facility shall be owned and operated
by the Township or municipal authority by and on behalf of the Township.
(1)
Related Definitions.
(a)
Autoclaving Facility. A facility making use of the technology
and activity by which superheated steam is pressurized and applied
to certain items, materials, products, byproducts or infectious or
chemotherapeutic wastes to sterilize the same by killing bacteria,
pathogens and other disease-producing microorganisms and shall also
include other related activities including the collection, transportation,
processing and storage of the contaminated/sterilized items but not
including incineration or other disposal of the contaminated/sterilized
items.
(b)
Composting Facility. A facility for the composting of the organic
matter in municipal solid waste.
(c)
Incinerator. A facility designed to reduce municipal solid waste
by combustion. This use may or may not include heat exchange equipment
for energy recovery.
(d)
Material Separation and/or Refuse Derived Fuel (RDF) Facility.
The extraction of materials from municipal solid waste for recycling
or for use as refuse derived fuel (RDF).
(e)
Municipal Solid Waste. The unseparated and/or unprocessed combination
of residential and commercial solid waste materials generated in a
municipality.
(f)
Recycling Facility. A business that accumulates material such
as paper, glass, aluminum and/or plastic that is no longer useful
for its intended purpose. The materials are then sold to another business
as a raw material which can be used to manufacture a new product.
(g)
Transfer Station. A facility where municipal solid waste is
delivered for the purpose of transferring the material into another
container or vehicles for transport to a final disposal site or processing
facility. (A transfer station may include the separation and collection
of material for the purpose of recycling.)
(2)
Minimum lot area: 10 acres.
(3)
Any such use shall be a minimum of 200 feet from any public
road as measured from the ultimate right-of-way of the road and 200
feet from any property line. Additionally, an incinerator or transfer
station shall be a minimum of 300 feet from any residential zoning
district or occupied residential dwelling unit.
(4)
Parking areas shall be minimum of 100 feet from any property
line.
(5)
Operation of a resource recovery facility shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Department of Environmental Protection
(PaDEP) and the provisions of this chapter. In the event that any
of the provisions of this chapter are less restrictive than any present
or future rules or regulations of PaDEP, the more restrictive PaDEP
regulations shall supersede and control.
(6)
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every resource recovery facility shall be
protected by locked barricades, fences, gates or other positive means
designed to deny access to the area at unauthorized times or locations.
Such barricade shall be at least six feet high and shall be kept in
good repair and neatly painted in a uniform color.
(7)
Unloading of municipal solid waste shall be continuously supervised
by a facility operator.
(8)
Hazardous waste as included on the list of hazardous waste as
maintained by the Department of Environmental Protection shall not
be disposed of in a resource recovery facility.
(9)
Litter control shall be exercised to confine blowing litter
to the work area and a working plan for clean up of litter shall be
submitted to the Township. To control blowing paper, there shall be
erected a fence having a minimum height of 15 feet, with openings
not more than two inches by two inches along all boundaries. The entire
area shall be kept clean and orderly.
(10)
All parts of the process-unloading, handling and storage of
municipal solid waste-shall occur within a building. However, certain
separated recyclable materials like glass, aluminum and other metals
may be stored outdoors.
(11)
The storage of paper shall be within a building.
(12)
Any materials stored outdoors shall be properly screened so
as not to be visible from any adjacent streets or property.
(13)
No material shall be placed or deposited to a height greater
than the height of the fence or wall herein prescribed.
(14)
No municipal solid waste shall be processed or stored at a recycling
facility. For all other types of resource recovery facilities, municipal
solid waste shall not be stored on the site for more than 72 hours.
(15)
A contingency plan for disposal of municipal solid waste during
a plant shut down must be submitted to the Township and approved by
the Board of Supervisors.
(16)
Leakage from the municipal solid waste and water used to wash
vehicles or any part of the operation shall be disposed of in a manner
in compliance with PaDEP regulations. If the leakage is to be discharged
to a municipal sewage treatment plant, appropriate permits shall be
obtained from the applicable agencies and authorities. In no event
shall the leakage be disposed of in a storm sewer, to the ground,
or in any other manner inconsistent with the Pennsylvania Department
of Environmental Protection's regulations.
(17)
Waste from the resource recovery facility process (such as,
but not limited to, ash from an incinerator) shall be stored in such
a manner as to prevent it from being carried from the site by wind
or water. This process waste shall be located at least 100 feet from
any property line and stored in leak proof and vector proof containers.
Such process waste shall be disposed of in a sanitary landfill approved
by PaDEP or in another manner approved by PaDEP.
(18)
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be at least four feet in height and planted on ten-foot staggered centers. In addition, the buffer requirements of §
27-2106 of this chapter shall be met.
(19)
Solid waste landfill operations and open burning of any materials
are not permitted under this use.
(20)
No use shall emit noise in such quantity as to be audible beyond
its lot lines. In addition, the nuisance standards of this chapter
shall be met.
(21)
A traffic impact study and a water impact study shall be required.
(22)
An operational permit shall be renewed on an annual basis on
or before June 1.
O. H15 Solid Waste Landfill. A site on which engineering principles
are utilized to bury deposits of solid waste without creating public
health or safety hazards, nuisances, pollution or environmental degradation.
(1)
The landfill shall be owned and operated solely by the Township
or a municipal authority by and on behalf of the Township.
(2)
The construction and operation of a sanitary landfill shall
not be permitted unless a permit for such landfill has been issued
by the Pennsylvania Department of Environmental Protection and the
landfill is constructed and operated in full compliance with the statutes
of the Commonwealth of Pennsylvania and the rules and regulations
of the Pennsylvania Department of Environmental Protection. Operation
of any solid waste landfill shall at all times be in full compliance
with the statutes of the Commonwealth of Pennsylvania, and the rules
and regulations of the Department of Environmental Protection and
the provisions of this chapter. In the event that any of the provisions
of this part are less restrictive than any present or future rules
or regulations of the Department, the more restrictive department
rules or regulations shall supersede and control in the operation
of such solid waste landfill.
(3)
A solid waste landfill operation shall be under the direction
at all times of a responsible individual who is qualified by experience
or training to operate a landfill.
(4)
Burning of solid waste is prohibited at a landfill. Suitable
measures shall be taken to prevent fires by means and devices mutually
agreeable to the Department of Environmental Protection and the Township.
(5)
Gaseous and particulate emission from the landfill site shall
conform to the prevailing federal, state and local air pollution control
codes and regulations.
(6)
Direct access shall be taken from an arterial or collector highway.
(7)
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every solid waste landfill shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
(8)
Unloading of waste shall be continuously supervised.
(9)
Measures shall be provided to control dust. To control blowing
paper, there shall be erected a fence having a minimum height of 15
feet, with openings not more than two inches by two inches along all
boundaries. The entire area shall be kept clean and orderly. Cracks
in, depressions in or erosion of cover shall be repaired daily.
(10)
Hazardous materials including, but not limited to, highly flammable
materials, explosives, pathological wastes, radioactive materials,
liquids, and sewage, shall not be disposed of in a solid waste landfill.
(11)
The disposal of sewage liquids and solids and other liquids
shall be specifically prohibited in a solid waste landfill.
(12)
Litter control shall be exercised to confine blowing litter
to the work area and a working plan of clean up of litter shall be
accomplished.
(13)
Salvaging of materials as permitted by law shall be conducted
by the operator only and shall be organized so that it will not interfere
with prompt sanitary disposal of waste or create unsightliness or
health hazards. The storage of salvage shall be controlled in a manner
that will not permit the inhabitation or reproduction of deleterious
vectors.
(14)
The entire site, including the fill surface, shall be graded
and provided with drainage facilities to minimize runoff onto and
into the fill, to prevent erosion or washing of the fill, to drain
off rainwater falling onto the fill, and to prevent the collection
of standing water. The operator shall comply with the requirements
of 25 Pa.Code, Chapters 75 and 102, and applicable Township ordinances
so that there is no adverse off-site impact from the drainage of surface
water.
(15)
Operation of any solid waste landfill shall at all times be
in full compliance with the Pennsylvania Clean Streams Law, 35 P.S.
§ 691.1 et seq., as amended.
(16)
An operational permit shall be obtained on an annual basis.
(17)
A final inspection of the entire site shall be made by the Department
of Environmental Protection and the Township and their authorized
representatives to determine compliance with approved plans and specifications
before the earthmoving equipment is removed from the site. Any necessary
corrective work shall be performed before the solid waste landfill
project is accepted as completed. Arrangements shall be made for the
repair of all cracked, eroded and uneven areas in the final cover
during the first two years following completion of the solid waste
landfill. A bond shall be posted to ensure that all corrective work
is completed.
(18)
The initial application for a solid waste landfill shall be accompanied by impact statements as required by Part
22, Nonconformities, of this chapter. A plan for the reuse of the land shall be submitted, in writing, to the New Hanover Township Board of Supervisors at the time of securing a permit for a landfill operated by the municipal authority. The plan shall be in compliance with the prevailing zoning at time of application.
(19)
Maximum lot size shall be 100 acres.
(20)
No more than one access road shall be constructed to the entrance
of the landfill. The access road shall be an all-weather paved surface
road negotiable and capable of supporting loaded solid waste collection
vehicles.
(21)
An all-weather access road negotiable by loaded collection vehicles
shall be provided from the entrance of the landfill to the dumping
area.
(22)
Maximum active dumping area shall be three acres. Continued
operation of the landfill shall be subject to compliance with all
state and Township regulations pertaining to landfills.
(23)
No operations shall be carried on within 100 feet of any property
line of the landfill or within 100 feet of any street right-of-way.
(24)
No dumping shall be permitted on Sundays or legal holidays.
Dumping permitted only between the hours of 7:30 a.m. and 5:30 p.m.
(25)
The storage of fuel to be used on the landfill site shall be
in accordance with all applicable federal, state and Township regulations.
(26)
A chain link fence of minimum height of 12 feet shall be erected along all boundary lines of the area which is approved for use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than nine square inches and shall contain, at all entrances, gates which are locked except during operating hours. A dense evergreen screen of a minimum height of 12 feet shall be maintained along all boundary lines of the landfill, except at the entrances. Refer to §
27-2106, Table 27-3, Plant Materials List, for plant material.
P. H16 Commercial Groundwater Extraction, Processing and/or Exportation.
The use, occupancy or operation of a parcel, tract or lot of real
estate, site, facility or structure to explore for, drill for and/or
recover, remove, develop, produce, treat, bottle, store or transport
groundwater (which for the purpose of this chapter shall include water
emanating or generated from any underground aquifer, spring, infiltration
gallery or artesian water source) intended, ultimately, for sale,
resale or at a fee for human use or consumption. It being the intention
of this part to define the obligations and responsibilities for compliance
with this chapter so that such activities may be conducted in harmony
with other uses of land without creating public health or safety hazards,
nuisances, pollution or environmental degradation.
(1)
The commercial extraction, processing and/or exportation of
groundwater in New Hanover Township shall only be permitted in the
HI Heavy Industrial District and the LI Light Industrial District;
provided, such use, occupation or activity meets all of the requirements
of this part. The following provisions and conditions shall apply
to all such uses, occupancy or activities, whether conducted as a
permitted use or a conditional use.
[Amended by Ord. No. 21-12, 12/2/2021]
(2)
The commercial extraction, processing and/or exportation of
groundwater in New Hanover Township shall only be permitted if conducted
on a tract, lot or parcel of real estate, as the sole use, occupant
and activity on said tract, lot or parcel.
(3)
The owner and/or operator shall obtain, maintain and submit
to the Township copies of any and all approvals, permits, licenses
and operational authority as may be granted and/or required by the
Environmental Protection Agency, the Food and Drug Administration,
the Delaware River Basin Commission, the Pennsylvania Department of
Environmental Protection, the Pennsylvania Department of Agriculture,
the Montgomery County Health Department and any other agency having
jurisdiction over such facilities or operations.
(4)
The minimum lot area for any site involving the commercial extraction
or recovery of groundwater shall be 25 acres and the minimum area
for processing or exportation of water, not involving the extraction
or recovery of groundwater, shall be 15 acres.
(5)
The minimum lot width for any site involving the commercial
extraction, processing or exportation or groundwater shall be 300
feet, shall have a minimum front yard setback of 200 feet and shall
have a minimum setback for each side and rear yard of 100 feet.
(6)
The minimum isolation distance between any proposed well head
or supply site for extraction or recovery of groundwater and an existing
water supply source or facility, not located on the same tract, lot
or parcel of real estate, shall be not less than 500 feet.
(7)
In addition to complying with the provisions, terms and conditions as set forth in this chapter, Part
24, Impact Statements, §
27-2407, Water Impact, and providing Township with such documents and records as are designated, all applications for the commercial extraction, processing and/or exportation of groundwater shall demonstrate to the satisfaction of the Township Engineer and the Board of Supervisors that other nearby or adjacent water supply sources will not be affected (including, but not limited to, discontinued use, contamination, loss of supply, quality or quantity, or the ability to properly recharge over time) by the use, occupancy and operation of the commercial facility. Where deemed appropriate or as required by the New Hanover Township Engineer, the owner/operator shall comply with all pertinent regulations for community water supplies.
(a)
A dynamic recovery rate and drawdown test of the proposed commercial
extraction recovery supply site shall be conducted by the owner/operator
and the result shall be submitted to the Township to determine the
maximum safe daily yield of the commercial facility operation, which
shall be preceded by, at least, 72 hours advance written notice to
the owners of all known underground water supply sources within a
distance of 1,500 feet of the test site (in the absence of any such
underground water supply sources being located within said distance,
the owner/operator shall install a minimum of two test/monitoring
wells, the first being not closer than 400 feet and not further than
600 feet from the test site and the second being not closer than 800
feet and not further than 1,500 feet from the test site) and shall
include observation, monitoring and a report of the results of such
test and the recovery rates resultant from those tests which shall
be submitted to the Township and the owner of any such monitored supply
source. All such dynamically recovery rate and drawdown test shall
be subject to advance notice to and the approval by the New Hanover
Township Engineer.
(b)
The owner/operator shall prepare and submit to Township, prior
to initiations of extraction, processing and exportation operations,
a study prepared by a professional hydrologist certifying that the
commercial facility operation will be supplied by a continuous, safe
daily yield which will not adversely affect the groundwater table,
aquifer or existing water supply sources within 1,500 feet of the
source of extraction, removal or recovery. The conclusions of the
study shall be subject to the review and approval of the New Hanover
Township Engineer.
(8)
The subject site shall meet the minimum standards set forth in §
27-2106, Buffer Yards, and for the purposes of determining the buffer yard requirement(s) as designated on Table 27-1, Determination of Buffer Yard, the site shall comply with the equivalent requirements for the Use H15 Solid Waste Landfill; further, prior to the commencement of and during all operations, the site shall be completely enclosed by a chain link fence, masonry wall or other approved fencing material, which shall be placed immediately inside/behind the vegetative screening required by §
27-2106, Buffer Yards, according to one of the following requirements:
(a)
If the owner/operator elects to install a fence, the same shall
be installed with fence fabric, at least, six feet in height, with
support posts to be set in concrete and to be embedded into the ground
to a sufficient depth to maintain the stability of the fence, the
chain link fabric shall be galvanized steel wire with a minimum thickness
of 11 gauge, with a minimum plating of 1.2 ounces of zinc per square
foot of surface area or shall be coated with vinyl or plastic material,
as may be approved by the Chief of the Fire Department, the chain
link fabric shall be a two-inch mesh; provided, however, 3 1/2-inch
mesh may be used on any fence where the fabric is interwoven with
artificial screening material approved by the Chief of the Fire Department,
post and rail shall be standard, galvanized, welded pipe, schedule
40 or thicker, galvanized inside and outside with a plating which
contains a minimum of 1.2 ounces of zinc per square foot of surface
area and tension roads shall be 3/8 of an inch round steel bolt stock
with adjustable tighteners having turnbuckles or equivalents with
a six-inch minimum take-up and tension bars having a minimum thickness
of 1/4 inch by 3/4 of an inch.
(b)
If the owner/operator elects to install a masonry wall, said
wall shall be of a design compatible with the facilities, buildings
and structures on and adjacent to the site, the wall shall be at least
six feet in height and the wall shall be constructed in accordance
with the specifications of the Township Building Code.
(c)
Either fence or masonry wall shall be equipped with, at least,
one gated area which gated area shall be not less than 12 feet wide
and be composed of two gates, each of which shall be not less than
six feet wide, or one sliding gate, not less than 12 feet wide and
if two gates are used, said gates shall latch and lock in the center
of the span, said gates shall be of chain link construction which
meets the applicable specifications or of other approved material
which, for safety reasons, shall be at least as secure as chain link
fence and which shall be kept locked except when being used for access
to the site.
(9)
Security lighting shall be installed on or about the site in
such a manner that no lights located on the operation site shall be
directed in such a manner that they shall shine directly on adjacent
property or property in the general vicinity of said site. Any drilling
derricks, structures or towers shall have aircraft warning lights
which meet all applicable Federal Aviation Administration regulations.
(10)
A sign shall be prominently displayed and maintained in good
condition near or adjacent to the entry access to said site, which
sign shall be of durable material, and unless otherwise required by
the Board of Supervisors, shall have a surface area of not less than
two square feet nor more than four square feet upon which shall be
lettered the name of the operator/owner, two telephone numbers for
the person(s) responsible for said site activity and management who
may be contacted in case of emergency and the address of the said
site.
(11)
Prior to the commencement of any activities, operations, and,
in specific, any drilling activities, all driveways used for access
to said site and, more specifically, said drill site, shall be surfaced
with crushed rock, gravel or ore, and shall be treated and maintained
to prevent dust and must and prior to the commencement of processing
or extraction activities, shall be paved in accordance with the specifications
established by this Code of Ordinances. The location of said driveway
access points shall be subject to the applicable governmental or municipal
agency for the particular highway occupancy permit needed with regard
to the road frontage and in addition, such requirements or standards
as may be required by the Board of Supervisors after consideration
of all circumstances including, but not limited to, the following:
the lineal distance of the driveway entering from public streets and
highways, the distance from adjoining and nearby property owners,
the purpose for which the property of such owner is or may be used,
topographical features, nature of the soil and exposure to wind.
(12)
Except as may be otherwise specifically approved by the Board
of Supervisors, electric motors shall be used to drive all pumping
and drilling units. To the extent that any drilling structures, derricks
and/or portable mast are used for drilling, redrilling, deepening
or reworking, they shall meet the standards and specifications of
the American Petroleum Institute as they presently exist or may be
hereafter amended; further, all drilling, redrilling, deepening or
reworking equipment shall be removed from the site within 30 days
following the completion of said drilling, redrilling, deepening or
reworking process unless otherwise permitted by the Township Board
of Supervisors. During the drilling, redrilling, deepening or reworking
process, it shall be unlawful for any person, owner or operator to
discharge into the open air the exhaust from any internal combustion
engine, used in connection with the drilling of any well or for use
on any production equipment, unless it is equipped with an exhaust
muffler, or mufflers or an exhaust muffler box constructed of noncombustible
materials sufficient to suppress noise and prevent the escape of obnoxious
gases, fumes or ignited carbon or soot.
(13)
No drilling, redrilling, deepening or reworking or other portable
equipment shall be stored at the site which is not essential to the
every day operation thereof and all idle equipment shall be removed
when the same is not necessary for day to day operations. Lumber,
pipes, tubing and casing shall not be left on or about the site except
when drilling or well servicing operations are being conducted on
the site. It shall be illegal for any person, owner or operator to
park or store any item of machinery or vehicle on any street, right-of-way
or in any driveway, alley, nor upon any site when to do so constitutes
a fire hazard or an obstruction to or interference with fighting or
controlling fires, except when that equipment is necessary for the
maintenance of the site or for gathering or transportation of water
from said site. There shall be no exterior storage of materials, equipment
or vehicles permitted on or about the site under any circumstances
except when those materials are actively engaged with and in use for
the operation or performance of activities at said site.
(14)
Any drilling residue, drill cutting, oil and all other wastes
derived or resulting from, or connected with the drilling, redrilling,
deepening or reworking of any well shall be stored and/or discharged
into portable steel tanks. Unless otherwise directed and approved
by the Board of Supervisors, such waste materials shall be removed
from the operation site with 30 days from and after completion of
drilling, redrilling, deepening or reworking any well. No person shall
own, operate, have possession of or be in control of, or maintain
any such site on which an unlined slush, sump or sump pit or skim
pond is located (which provisions shall not apply to portable sump
tanks).
(15)
Whenever abandonment occurs or activity ceases at a well or
other groundwater recovery site for a period of 180 days, the owner/operator
shall be responsible for the restoration of the drill site and operational
site, to its original condition as nearly as practicable in conformity
with the regulations of this chapter. The owner/operator shall furnish
the Township with any and all documentation confirming compliance
with all abandonment procedures under all applicable federal and/or
commonwealth statutes, county ordinances or regulations and, more
specifically, those adopted by the Pennsylvania Department of Environmental
Protection, and further, shall file a notice of intention to abandon
under the provisions of this section stating the date such work will
be commenced, the nature of said activity to abandon and close such
well and the schedule for performance of such activities.
(16)
During the term of active use and occupancy of the site, the
owner/operator shall provide Township, at least on an annual basis,
with copies of any and all reports, documents, filings, applications,
permits and other relevant materials required to be maintained and/or
filed with the relevant departments, commissions, agencies or boards
of the federal government, Commonwealth of Pennsylvania or County
of Montgomery and during the active term of operations of said facilities,
the owner/operator shall permit, upon reasonable notice (not more
than 24 hours nor less than two hours, except in cases of emergency
constituting a public nuisance or hazard to the health, safety and
welfare of those on or about the site or in the vicinity of the site),
any officer, agent, servant and/or employee of the Township appointed
as such to enter the premises and/or such buildings or structures
as may be necessary to inspect the same or to perform any duty imposed
upon the Township Zoning Officer by this Code of Ordinances and further
the owner/occupant by occupancy of the site in accordance with a zoning
permit shall and does hereby specifically acknowledge said right of
entry and upon unreasonable refusal to permit the same, owner/occupant
shall be liable for the cost and expenses, including reasonable attorney's
fees, if any, necessary to obtain further lawful authority and exercise
such right of entry.
(17)
Owner/occupant shall submit a land development plan to the Township of New Hanover which demonstrates compliance with all provisions of this chapter, as well as, the terms, conditions and provisions of Chapter
22, Subdivision and Land Development, and all other pertinent terms and conditions of this Code of Ordinances and regulations adopted by New Hanover Township.
9. I General Accessory Uses and Structures.
A. I1 Nonresidential Accessory Building. Accessory building, or structure,
or uses customarily incidental to the uses permitted within the zoning
district, except outside storage. For any use accessory to a use permitted
only as a special exception or conditional use, the accessory use
shall only be permitted as a special exception or conditional use.
(1)
Nonresidential accessory buildings shall meet the minimum setbacks
for the principal nonresidential use.
(2)
School Bus Shelter.
(a)
For each proposed bus shelter a letter of acknowledgment and
consent must be provided from the school district indicating that
the proposed bus shelter is an actual bus stop location satisfactory
to and approved by the school district. The Township must also be
provided with proof of insurance from the company owning the bus shelter
as well as the owner of the property upon which the shelter is located.
(b)
Maximum floor area: 63 square feet.
(c)
Such structures shall be located at least 12 feet from any cartway
and any property line.
(d)
Two parallel signs, no more than six square feet each, may be
attached to the structure. These signs may advertise goods, services,
businesses or organizations not located on the property.
(3)
Parking. Parking shall conform to the requirements of the most
closely related use.
B. I2 Outside Storage or Display.
(1)
Outside storage or display, other than storage as a primary
use of the land, necessary but incidental to the normal operation
of a primary use.
(a)
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, no required parking areas,
and no part of the required front yards, shall be occupied by outside
storage or display.
[Amended by Ord. No. 21-12, 12/2/2021]
(b)
Outside storage areas shall be shielded from view from all public
streets.
(c)
Outside storage and display areas shall occupy an area of less
than 1/2 the existing building coverage up to 1,000 square feet for
Institutional Uses (C) or Commercial and Consumer Service Uses (F).
(2)
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection
9B(1)(b) and
(c) above when granted as a special exception by the Zoning Hearing Board.
(a)
No more than 25% of the lot area shall be used in outdoor storage
or display.
(b)
In particular, uses appropriate under this provision include,
but are not limited to, Use A2 Nursery, Use H8, Lumber Yard, Use F26
Automobile Sales and Rental, Use H6, Truck Terminal, and Use A7 Agricultural
Retail.
(c)
Among the uses that shall not be appropriate for inclusion under
this provision are Use F3 Retail Store, Use F12 Repair Shop, Use F25
Service Station or Car-Washing Facility, Use F27 Automobile Repair,
Use F28 Sale of Automobile Accessories, Use H3 Wholesale Business,
Wholesale Storage, Warehousing, Use H5 Contracting, and Use H7 Crafts.
C. I3 Temporary Structure. Temporary structure, building or use. A temporary
permit may be issued for structures or uses necessary during construction
or other special circumstances of a nonrecurring nature.
(1)
The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods not to exceed one year, subject to the limitations specified in §
27-304, Temporary Accessory Uses.
(2)
Such structure or use shall be removed completely within 30
days of the expiration of the permit without cost to the Township.
D. I4 Temporary Community Event. A temporary activity including, but
not limited to, flea markets, public exhibitions, auctions, carnivals,
circuses, picnics, air shows and suppers for fund-raising, and similar
organizational events and meetings.
[Amended Ord. No. 21-05, 7/1/2021]
(1)
Signs advertising a temporary community event shall be limited
to 12 square feet in size. Such signs shall be posted no more than
14 days prior to the first day of the event and shall be removed on
the final day of the event. No more than four off-premises signs shall
be placed. The location of off-premises signs must be approved by
the property owners of the properties upon which they are to be fixed.
(2)
In the following residential districts, such use is by right
subject to obtaining a permit from the Township: R-2, R-2M, R-25,
R-15, and R-5. The applicant is required to obtain a permit from the
Township for this use. The applicant shall provide the Township with
a completed form and plans, if applicable, sufficiently in advance
of the proposed date to allow the Township to review the application
to ensure adequate parking, emergency access, road access, sanitary
facilities, refuse collection, noise control and cleanup after the
event. The Township may attach conditions to the permit to protect
the health, safety, and welfare of the community.
(3)
For all other districts, such use may be permitted as a conditional
use. The applicant shall provide the Township with plans to ensure
adequate parking, emergency access, road access, sanitary facilities,
refuse collection, noise control and cleanup after the event. The
Township may impose conditions to protect the health, safety, and
welfare of the community.
E. I5 Oil and Gas Drilling and Operations. Refer to Part 18, Oil and
Gas Well Drilling and Operations.
F. I6 Wind Energy Conversion System (WECS). A wind energy conversion
system is a device which converts wind energy to mechanical or electrical
energy.
(1)
Siting.
(a)
A WECS shall be set back from any property line, above-ground utility line, or other WECS a distance greater than either its overall height, including blades as provided in Subsection
9F(3)(e) below or the minimum yard requirements, whichever is greater.
(b)
In the case of performance subdivisions or cluster developments,
a WECS shall be erected within the common open space area and shall
be set back from all residences a distance greater than its overall
height, including blades.
(c)
Contiguous property owners may construct a WECS for use in common,
provided that the required setback is maintained relative to the property
lines of nonparticipating owners.
(2)
Size.
(b)
Maximum blade diameter: 80 feet.
(c)
Maximum height: None — a WECS is not limited by the maximum
height restrictions of this chapter but may require FAA or Bureau
of Aviation permitting if required by the FAA or PennDOT.
(3)
Safety.
(a)
Minimum blade height: 15 feet at lowest point of arc.
(b)
Access Control. Minimum access height of 12 feet or minimum
fence height of six feet with locking portal.
(c)
The design of a proposed WECS shall be such that it will operate
safely, without loss of structural integrity and certified by a licensed
engineer, under the following conditions:
1)
Loss of utility power (shall not back feed dead utility line).
2)
High wind speed (shall brake or feather below survival wind
speed).
3)
Blade imbalance (shall support added blade weight of at least
10%).
(d)
A minimum of one sign shall be posted near ground level or on
the tower structure warning of high voltage.
(e)
The structure shall be setback from all property lines a distance
at least 1.25 times the height of the structure at the highest point
of the blade arc.
(4)
Other Standards.
(a)
The electric and utility lines to and from a WECS shall be underground.
(b)
The ground level equipment and structures shall be adequately
buffered from adjacent properties and street rights-of-way with landscaping
or fencing.
(c)
A WECS shall primarily serve on site generation needs. If hook-up
to public utility system is proposed, electrical plans must be prepared
by a certified electrical engineer, at the applicant's expense, and
submitted to the appropriate public utility.
(d)
A WECS shall not interfere with the reception of any radio,
television or other communication equipment.
G. I7 Air Landing Field. A private, noncommercial air landing field.
(1)
Approval of the Pennsylvania Department of Transportation, Bureau
of Aviation, shall be secured.
(2)
No air landing field shall be established if its flight pattern
will overlap with the flight pattern of any existing air landing field.
(3)
All buildings, runways, taxiways, parking areas, warm-up pads,
aprons, lights, communication facilities, tie-down areas, repair facilities,
refueling facilities, etc., shall conform to the setback requirements
of this chapter.
(4)
The owners or lessees of the air landing field shall take all
possible actions to protect the peace, safety and air quality of the
environment of the area surrounding the air landing field. This shall
include:
(a)
The location of warm-up ramps, parking areas, tie-down areas,
and hangars in relationship to dwellings and other uses in the area.
(b)
The limitation of flights before 6:00 a.m. and after 10:00 p.m.
(c)
The requirements of Part 20, Nuisance Standards, shall be met
so as to create the least amount of noise, dust, dirt, disturbance,
annoyance, hazard and limitation of the enjoyment of the residents
and property owners of the Township.
(5)
Parking. As determined by the Zoning Hearing Board.
H. I8 Radio and Television Towers, Water Towers, Aerials, Flagpoles,
Dish Antenna and Silos. An accessory use for a principal use other
than Use G1 Utilities or Use G5 Cellular Communications/Telecommunications
Facility.
(1)
The structure shall be setback from all property lines a distance
at least 1.25 times the height of the structure.
(2)
The structure shall be anchored to the ground in a manner satisfactory
to the Township.
(3)
The structure shall not be subject to the maximum height limitations
of this chapter.
(4)
On lots of 10 acres or smaller, dish antenna, radio towers and
television towers shall not be located in the front yard of a residential
structure. On lots greater than 10 acres, these uses shall not be
located in the minimum front yard as specified in this chapter.
(5)
The diameter of the dish antenna shall not exceed nine feet.
(6)
When separately supported, the total height of the dish antenna
shall not exceed 10 feet.
(7)
Roof mounting of a dish antenna is not recommended. If roof
mounted, the antenna shall be located on a portion of the roof sloping
away from the front of the lot and no part thereof shall project above
the ridge line. Provided, however, in no event shall a roof-mounted
antenna exceed three feet in diameter. Dish antennas shall not be
mounted on chimneys.
(8)
No more than one dish antenna shall be permitted on any lot.
(9)
When not roof mounted, the dish antenna shall be screened by
staggered plantings of evergreens which present a solid visual barrier
to adjoining houses and to the street. Before a permit will be issued
for the erection of a dish antenna, a screening plan must be submitted
to and approved by the Planning Commission.
(10)
Uses under this section are permitted only when approved by
the Zoning Hearing Board as a special exception. However, a flagpole
35 feet or lower in height or a dish antenna 28 inches or less in
diameter shall be permitted by right; a special exception is not required.
I. I9 Off-Street Parking. Off-street parking, subject to the provisions and requirements of §§
27-1913 to
27-1915.
J. I10 Signs. Signs, subject to the provisions and requirements of Part
23.
[Ord. 3/29/1990A, § 306; as amended by Ord. 93-2,
2/8/1993, § 39; by Ord. 95-8, 9/25/1995, §§ 3B,
4C; by Ord. 95-8B, 11/27/1995, §§ 16, 17; by Ord. 97-7,
10/13/1997, § 27-307; by Ord. 98-4, 4/27/1998, § 3;
by Ord. 98-6, 6/22/1998, § 6; by Ord. 99-2, 6/28/1999, §§ 22
— 24; and by Ord. 01-6, 10/22/2001, § 19; by Ord.
05-06, 8/2/2005, § 15; by Ord. 06-02, 1/30/2006, § 9;
by Ord. 06-01, 2/13/2006, § 14; and by Ord. 17-03, 3/27/2017]