Township of North Newton, PA
Cumberland County
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The regulations contained in this article shall apply to all uses within North Newton Township.
The use of nontraditional storage units, including those commercially known as PODS® or enclosed container of a box trailer with or without wheels, shall be permitted on a temporary basis, subject to the following:
A. 
Units shall be permitted for a maximum period of 60 consecutive days in any one calendar year. This period may be extended upon written request to the Zoning Officer for a period not exceeding 180 days.
B. 
The enclosed "container" of a box trailer with wheels may be used for temporary construction storage for the period for which a valid building permit has been issued. Such units shall be licensed and located in accordance with the required accessory use setback of the zoning district in which the property is located.
C. 
The "container" of a box trailer, with or without wheels, shall not be used for permanent storage in any zoning district.
A. 
Buffer yards and screening requirements shall be applicable under the following circumstances:
(1) 
Where a nonresidential use abuts an existing residential use or residential district (R-1, R-2, except where set forth in Subsection B below;
(2) 
Where a proposed multifamily residential use abuts an existing single-family detached, semidetached, two-family detached, or attached dwelling, except where set forth in Subsection B below;
(3) 
Where screening is required by this chapter, the Township, or by the Zoning Hearing Board.
B. 
In the Village Mixed-Use Zoning District, where a nonresidential use abuts a residential use; or multifamily use abuts single-family detached, semidetached, two-family detached, or attached dwelling, buffer yard and/or screening shall be provided as determined by the Zoning Officer.
C. 
All buffer yards shall meet the following requirements:
(1) 
Except where otherwise provided for in this chapter, a twenty-foot-wide planting strip or buffer yard shall be provided and may be included within any required building setback requirements.
(2) 
No buffer yard or part thereof shall be used for parking, storage, loading and unloading.
(3) 
Buffer yards may be crossed by access roads, service drives or easements; however, no turning or maneuvering of vehicles shall be permitted in the buffer area.
(4) 
Buffer yards shall extend for the entire width of the property line adjoining the residential property or district.
(5) 
All screening materials and landscaping shall not encroach upon the adjoining property line at full maturity.
D. 
No buffer yard shall be required for any nonresidential use separated from a residential use by a public street.
E. 
Characteristics of buffer yards and screening.
(1) 
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display. Signs shall be permitted in a buffer yard fronting a street.
(2) 
Each buffer yard shall include a planting screen of evergreen trees or shrubs extending the length of the lot line.
(3) 
Each planting screen shall meet the following requirements:
(a) 
Plant materials needed to form the visual screen shall have a minimum height when planted of six feet and will grow to a minimum of 15 feet tall at maturity on ten-foot centers maximum. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(b) 
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within five years a mostly solid year-round visual screen.
(c) 
The plant screen shall be placed so that the plants will not obstruct a street or sidewalk.
(d) 
The plant visual screen shall be interrupted only at:
[1] 
Approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot;
[2] 
Locations necessary to comply with safe sight distance requirements; and
[3] 
Locations needed to meet other specific state, Township, and utility requirements.
(e) 
Where space allows, evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
(f) 
The plant screen shall be maintained in a healthy condition. Any landscaping that dies or is severely damaged shall be replaced by the current property owner as soon as is practical considering growing seasons, within a maximum of 150 days.
(g) 
Buffer and screening requirements may be modified pursuant to a written request by the applicant to the Board of Supervisors where deemed necessary due to unusual lot configuration, impracticality, or where setbacks have been reduced. The Planning Commission shall review and recommend to the Board on all such requests. This section shall not apply to screening required under §§ 300-22B and 300-34B.
F. 
Fences, walls, and other screening.
(1) 
Any fence or wall in a buffer yard shall be placed on the inside of any required plant screening.
(2) 
As a condition of any variance or conditional use approval, the installation of a fence or wall may be required in addition to a buffer yard. As a condition of any land development approval, the Board of Supervisors may require the installation of a fence or wall in addition to a buffer yard.
(3) 
As a conditional use, the applicant may prove to the satisfaction of the Board of Supervisors that an alternative method of screening will satisfactorily avoid conflicts between uses and provide an attractive appearance. For example, the Board may approve a decorative brick wall to be placed between a loading area and an abutting street.
A. 
Dumpsters shall be screened from adjacent properties. Such screening shall consist of decorative masonry walls, solid weather-resistant wood fencing of a similar appearance (such as white vinyl vertical planks). The fence or wall shall include a self-latching door or gate.
B. 
Setbacks. A dumpster shall not be located in a front, side or rear setback yard or a required buffer yard.
C. 
All dumpsters shall be completely enclosed, and the lid shall be kept in place. The locations of all dumpsters shall be shown on all site plans and land development plans submitted to North Newton Township.
D. 
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises.
A. 
Fences and walls shall be permitted by right in all zoning districts. Any fence or wall shall be durably constructed and well maintained.
B. 
No fence, wall or hedge shall obstruct the clear sight triangle requirements of this chapter.
C. 
No fence, wall, or structure shall be permitted or erected in a public or private drainage, utility or access easement, unless otherwise required by this chapter or other Township ordinance. Any such fence erected in violation of this section shall be removed or relocated at the owner's expense.
D. 
It shall be unlawful to construct or alter any fence or wall over six feet high without first having secured a building permit. It shall be unlawful to vary materially from the approved submitted plans and specifications unless such variations are submitted in an amended application to the Zoning Officer or other designated municipal official and approved by this official.
E. 
Fences shall comply with the following:
(1) 
Any fence located in the required front yard shall not exceed four feet in height.
(2) 
In a residential district (R-1, R-2, the maximum height in other yards shall be six feet, all subject to Subsection B above.
(3) 
Brick may be used for posts or as a base for a fence, provided the maximum fence height is not exceeded.
(4) 
A fence shall not be required to comply with minimum setbacks for accessory structures.
(5) 
Fences that are not within R-1 and R-2 Districts shall have a maximum height of eight feet, subject to Subsections B and D above.
(6) 
A maximum height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard, such as around an electric substation.
(7) 
Structural posts of a fence may extend above the height of the fence.
(8) 
All fence heights shall be measured from the average surrounding ground level.
(9) 
No fence shall be built within an existing street right-of-way.
(10) 
A fence may be built without a setback from a lot line; however, a small setback is recommended to provide future maintenance of the fence.
(11) 
No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(12) 
If one side of a fence includes posts or supports, those posts or supports shall be placed on the interior of the fence, as opposed to facing onto a street or another lot.
(13) 
If a fence is finished only on one side, the finished side shall face outward, away from the lot or parcel upon which it is located.
Commercial, industrial, institutional or multifamily uses shall meet the following standards:
A. 
Any part of the lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover. Landscaped areas shall be kept free of debris, rubbish and noxious weeds.
B. 
A twenty-foot-wide strip along the side and rear property lines shall be landscaped with ground cover and plant material and shall not contain impervious cover except for the crossing of necessary entrance/exit driveways.
C. 
A ten-foot-wide-strip beyond the reserved or dedicated right-of-way for any road or street shall be landscaped with ground cover and plant material and shall not contain impervious cover, except for the crossing of necessary entrance/exit driveways.
A. 
All manure management facilities and operations shall comply with the provisions set forth in the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., or as amended.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All manure storage facilities shall be designed and constructed in compliance with § 300-112 of this chapter.
No land or building in any zoning district shall be developed, used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other substance, condition or element in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"); provided, that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.
A. 
Enforcement provisions applicable to other uses. Even though compliance with performance standards procedure in obtaining a building permit is not required for some particular uses, initial and continued compliance with the performance standards themselves is required of every use, and provisions for enforcement of, and continued compliance with, performance standards shall be invoked by the Township against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
B. 
Performance standard regulations.
(1) 
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and other local laws and regulations shall apply.
(2) 
Noise. No use of land shall cause an increase in noise in such a manner as to cause injury, annoyance, or disturbance to surrounding property owners and occupants; or adversely affect the reasonable use of the surrounding area or adjoining premises. All noise levels shall be in compliance with the applicable provisions of the Pennsylvania Department of Environmental Protection and the Federal Environmental Protection Administration.
(3) 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot line; nor shall any vibration produced exceed 0.002g peak at up to 50 cps frequency, measured at or beyond the lot line either seismic or electronic vibration-measuring equipment. Vibrations occurring at higher than 0.50 cps frequency or a periodic vibration shall not induce accelerations exceeding 0.001g. Single impulse a periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.
(4) 
Smoke.
(a) 
No emission shall be emitted at any point from any chimney or otherwise, or visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc.. and copyright 1954 (being a direct facsimile reduction of the standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible gray smoke if a shade equal to No. 2 on said chart may be emitted for four minutes in any 30 minutes.
(b) 
These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparently equivalent opacity.
(5) 
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, "Odor Thresholds," in Chapter 5, "Air Pollution Abatement Manuals," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. and said manual, and/or table, as subsequently amended.
(6) 
Fly ash, dust, fumes vapors, gases, other forms of air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property or which can cause any excessive soiling at any point on the property of others, and in no event shall any emission be permitted, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.
(7) 
Electromagnetic radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or for any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government-owned plants, the regulations of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of standards and principles apply:
(a) 
American Institute of Electrical Engineers;
(b) 
Institute of Radio Engineers; and
(c) 
Electronics Industries Association.
(8) 
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the federal government and all applicable regulations of the Commonwealth of Pennsylvania.
(9) 
Heat. For the purpose of this chapter, "heat" is defined as thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 10° F., whether such change be in the air or in the ground, in a natural stream or lake, or in any structure on such adjacent property.
(10) 
Light glare.
(a) 
Direct light glare.
[1] 
"Direct light glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high-temperature process as welding, or petroleum or metallurgical refining. No such direct glare shall be permitted with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, with the exception that such angle may be increased to 90° if the luminary is less than four feet above the ground.
[2] 
Such luminaries shall be placed not more than 16 feet above ground level and the maximum illumination at ground level shall not be in excess of three footcandles.
[3] 
Where light fixtures are installed to provide exterior illumination, excluding overhead streetlighting and warning, emergency or traffic signals, no glare or direct illumination may be in excess of 0.5 footcandle when measured at a residential use and/or at a residential zoning district boundary.
[4] 
The installation or erection of any lighting which may be confused with warning signals, emergency signals, or traffic signals, shall not be permitted.
(b) 
Indirect light glare.
[1] 
"Indirect light glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by diffuse reflection from a surface, such as a wall or roof of a structure. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed:
[a] 
Three-tenths footcandle (maximum).
[b] 
One-tenth footcandle (average).
[2] 
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
(11) 
Liquid or solid wastes. No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accordance with standards approved by the Pa. Department of Environmental Protection or other regulating department or agency, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
A. 
In all zones, no outdoor stockpiling/storage of any personal material is permitted in the front yard. In R-1, R-2, and Village Zoning Districts, the outdoor stockpiling/storage of personal material, except firewood, for more than three months is prohibited unless approved in writing by the Township Zoning Officer.
B. 
Outside stockpiling/storage shall not occupy an existing or future street right-of-way, buffer yard, sidewalk or other area intended or designed for pedestrian use, or required parking area.
The temporary storage of portable dumpsters and bulk materials, including but not limited to stone, mulch, firewood, and building materials, within the public right-of-way shall not be permitted.
Every outdoor swimming pool must conform to all applicable municipal and state codes and shall be subject to the following regulations:
A. 
No swimming pool shall be constructed in the required front yard.
B. 
Swimming pool setback shall be a minimum of 20 feet from the water's edge to the property line.
C. 
Water may not be discharged from a swimming pool directly onto adjacent properties or rights-of-way.
D. 
Pools shall not be located over an on-lot septic system drain field or drainage, utility, or access easement.
E. 
No permanent pool structure shall be permitted without an operable filtration system, bromine or some other antibacterial agent.
F. 
Any pool with a surface area of 150 square feet or more or a depth in excess of two feet shall be completely surrounded by a fence or wall that is not less than four feet in height. All gates or doors opening through said fence shall be erected, maintained and provided with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than 3 1/2 feet above the ground level, then a fence is not required, provided that all points of access to said pool are adequately protected. A swimming pool with a power safety cover or a spa with a safety cover complying with Section 3109.4 of the 2000 International Building Code, as amended, and ASTMF 1346, shall be exempted from the fencing requirements herein.
G. 
Portable wading pools less than the area and depth requirements of Subsection F above shall be exempt.
Where two or more residential or nonresidential buildings are proposed for the same parcel, a minimum distance of 30 feet shall be maintained between buildings. This minimum shall be increased by 10 feet for each additional story in height over one for each of the adjacent buildings.
A. 
General provisions. Off-street parking facilities shall be provided to lessen congestion in the streets. The facilities required shall be available to patrons throughout the hours of operation of the particular business or use for which such facilities are provided. The term "parking space" includes either covered garage space or uncovered parking space located off the public right-of-way.
(1) 
Residential off-street parking space shall consist of a parking lot, driveway, garage or combination thereof and shall be located on the lot it is intended to serve.
(2) 
No parking space to be provided under the terms of this section shall be located within the right-of-way of any street, roadway or public alley.
(3) 
The overnight parking of busses, recreation vehicles, campers, travel trailers, commercial trucks, boats and trailers shall be allowed in R-1, R-2, and Village Mixed-Use Zoning Districts under the following conditions:
(a) 
Maximum of two vehicles.
(b) 
Vehicle(s) is used by residents of the dwelling or as approved by the owner of the dwelling.
(c) 
Vehicle(s) is not within a public right-of-way.
(d) 
Sight distance is not obstructed on the lot or adjoining properties.
(e) 
Vehicle is not located within a side yard setback.
B. 
Design standards.
(1) 
The minimum size of a parking space for any use shall be 10 feet wide by 18 feet long, except for handicapped spaces. Notwithstanding the above, all parking spaces shall be ample in size for vehicles for which use is intended.
(2) 
Parking lot dimensions shall be no less than those listed in the following table:
Aisle Width
Angle of Parking
Parking Space Width
(feet)
Parking Space Length
(feet)
One-Way
(feet)
Two-Way
(feet)
90°
10
18
20
24
60°
10
21
18
24
45°
10
20
14
24
(3) 
All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.
(4) 
Except for single-family detached uses, parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle; i.e., "stacked" parking spaces shall not be used to meet minimum parking requirements.
(5) 
Except for single-family detached uses accessing a road, in no case shall parking areas be designed to require or encourage cars to back into a public or private street in order to exit the parking area, with the exception of alleyways.
(6) 
Parking lots, including driveways located within parking lots, shall be graded, surfaced with a dustless surface, and drained to the satisfaction of the Municipal Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property.
(7) 
Setback for parking areas shall be provided as follows:
(a) 
All parking spaces and access drives shall be at least 10 feet from any multiple dwelling, commercial, industrial, or institutional building on the lot.
(b) 
All parking spaces shall be at least 10 feet from the right-of-way line and not be located within any buffer yard.
(c) 
Parking areas and on-site parking lot circulation aisles and driveways shall be physically separated from the public and/or private streets in conformance with the applicable requirements, excluding entrance and exit drives of parking areas.
(8) 
Handicapped car parking spaces shall be provided in accordance with the Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. 140, Construction Codes, Uniform.
(9) 
Fire lanes shall be provided where required by state or federal regulations or other local ordinances. The specific locations of these lanes are subject to review by the fire officials.
C. 
Off-street parking requirements. The following off-street parking requirements shall be minimum standards:
Uses
Minimum Required Parking
Residential Uses
Single-family dwellings
2 spaces per dwelling unit.
Dwellings other than single-family
2 spaces per dwelling unit plus 1 space per 5 dwelling units for guest parking
Group home or halfway house
1 space per 2 beds, plus 1 space for each employee on the largest shift
Continuing-care retirement facility/nursing home
Personal care or nursing care centers: 1 space for each 4 beds plus 1 space per employee on largest shift
Apartment units: 1.25 spaces per dwelling unit
Cottage units (single-family units): 1 space per dwelling unit plus 1 space per 5 units for guest parking
Commercial/Office Uses
Banks and financial institutions
1 space for each 350 square feet of gross floor area
Business, personal, and professional services, or public service office buildings
1 space per 300 square feet of gross floor area
Retail stores or shops (except those otherwise listed)
1 space per 300 square feet of gross floor area of display area, plus 1 per each employee on largest shift
Convenience stores
5 spaces plus 1 space for 250 square feet of gross floor area
Day-care centers
1 space for every employee on the largest shift plus spaces equal to 20% maximum permitted occupancy and off-street waiting spaces to accommodate at least 6 automobiles
Restaurants, drive-through and fast food
1 space per 2.5 seats and 1 space for each 2 employees
Restaurants, other than drive-through and fast food
1 space for every 4 seats of design capacity or 1 space for every 50 square feet of gross floor area, whichever is larger; plus 1 space for every employee on the largest shift
Exercise club
1 space per 100 square feet of floor area plus 1 space per employee on largest shift
Food markets and grocery stores
1 space per 350 square feet of gross floor area and 1 space per employee on largest shift
Funeral homes
1 space for each 4 seats provided for patron use by design capacity plus 1 additional space for each full-time employee and each vehicle maintained on the premises
Furniture, lumber, carpet, bedding, or floor covering sales
1 space per 400 square feet of floor area net leasable area, plus 1 per employee on largest shift, with a minimum of 5 spaces
Haircutting/hairstylist
1 space per customer seat plus 1 space per employee
Hotels, motels, bed-and-breakfasts, resorts
1 space per guest room plus 1 space for each employee on the largest shift. Spaces associated with related facilities — meeting rooms, restaurants, etc. (1 space for 400 square feet of public meeting area), shall be in addition to these requirements
Kennels and veterinarians
1 space for every 15 animals of capacity, plus 6 spaces per veterinarian
Laundromat
1 space per 3 washing machines plus 1 space per employee
Medical and dental offices, including outpatient clinics
1 space per 175 square feet of gross floor area, with a minimum of 8 spaces
Vehicle body shop, repair garage and gasoline stations
1 space for each 100 square feet of floor area devoted to service facilities or 5 spaces for each service bay, whichever is greater, plus 1 space for each 200 square feet of floor area devoted to sales facilities or usage plus 1 space for each full-time employee
Vehicle, mobile/manufactured home, or trailer sales lot
1 space per 15 vehicles or homes plus 1 space per employee
Industrial Uses
Manufacturing plants, research or testing laboratories, or wholesale establishments
1 space for each 1,000 square feet of gross floor area or provide automobile parking to accommodate the total number of employees expected on the two busiest consecutive shifts on an average workday, whichever is greater
Mini or self-storage
1 space per 25 storage units, plus 1 space per employee, plus 2 spaces for any resident manager
Transportation terminal
1 space for every 100 square feet of waiting room space, plus automobile parking to accommodate the total number of employees expected on the two busiest consecutive shifts on an average workday
Warehousing
Automobile parking to accommodate the total number of employees expected on the two busiest consecutive shifts on an average workday
Recreational Uses
Bowling alley
5 spaces for each alley plus 1 space per employee on largest shift
Dance halls, swimming pools, roller rinks, clubs, lodges, and similar places and other commercial recreation buildings
1 space for each 100 square feet of gross floor area or of water area in a swimming pool, plus 1 per employee on largest shift
Golf course
40 spaces per 9 holes, plus 1 space per employee on the largest shift, plus 50% of the spaces otherwise required for any accessory uses (e.g., restaurants)
Golf driving range and miniature golf
1 space for each tee or hole
Sports arenas, auditorium, theaters and assembly halls
1 space for each 3 seats plus 1 space per employee on largest shift
Riding schools or horse stables
1 space per 2 stalls, plus 1 space per 4 seats of spectator seating
D. 
Uses not specifically listed.
(1) 
When the parking requirements are not specified herein for a building or use for which an application for a permit has been filed or where the proposal contemplates a mix of uses and parking requirements, the Zoning Officer shall make the determination of which parking requirement standards shall apply.
E. 
Location of parking spaces.
(1) 
Parking spaces for multiple dwelling buildings, commercial, or industrial uses shall be on the same lot and in the same zoning district as the principal building or use, unless the applicant meets the requirements of Subsection F, Joint parking facilities.
F. 
Joint parking facilities.
(1) 
When any lot or lots contains two or more uses having different parking requirements, the required parking shall be not less than the total required separately for each use. Where it shall be demonstrated that the uses jointly utilizing the parking facility are utilizing the parking facility at different periods of the day or different days of the week, a reduction may be granted for the total number of parking spaces needed for the use with the least requirement.
(2) 
An agreement for the joint use of a parking facility shall be recorded as a deed restriction, irrevocable license, easement or other recordable document in a form satisfactory to the Township Solicitor filed in the Cumberland County Courthouse in the chain of title of the land to be burdened in perpetuity or for a period to extend throughout the life of the use requiring the maintenance of the required number of spaces.
G. 
Lighting.
(1) 
All public parking shall be lit during evening operating hours.
(2) 
Lighting shall be arranged and shielded so the direct rays from the luminaries shall not fall off-site on adjacent properties or into the road right-of-way or cartway.
H. 
Landscaping.
(1) 
Parking areas containing 20 or more parking spaces shall provide a minimum of 5% of the paved lot area for interior landscaping. Landscaping shall include vegetative cover, shrubs and trees.
(2) 
Landscaping shall be maintained in a healthy condition.
I. 
Loading and unloading space.
(1) 
An off-street loading space shall be an area of land, open or enclosed, other than a street or public way, used principally for the standing, loading or unloading of motor trucks, tractors and trailers so as to avoid undue interference with the public use of streets and alleys.
(2) 
Adequate off-street loading and unloading space shall be provided on the same premises for every use which involves the delivery or shipment of goods or other materials in bulk.
(3) 
Off-street loading and unloading space shall not be considered as meeting a part of the requirements for off-street parking space.
(4) 
Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, sidewalk, alley, designated fire access lane, or adjoining property.
(5) 
No off-street loading/unloading spaces shall be within any building setback and/or buffer area.
(6) 
When the off-street loading/unloading space abuts a residential use or zone, a five-foot buffer area shall be provided contiguous to the property line of the residential use or zone in addition to the required setback.
A. 
Permit required.
(1) 
A zoning permit shall be required for all signs except for: signs meeting the requirements of Subsection E; and nonilluminated window signs constructed of paper, poster board or similar materials that are not of a permanent nature. Only types, sizes and heights that are specifically permitted by this article within the applicable district shall be allowed.
(2) 
Any lawfully existing sign (including legally nonconforming signs) may be painted or repaired or changed in logo or message without a new permit under this article, provided that the changes do not increase the sign area or otherwise result in noncompliance or an increased nonconformity with this article.
B. 
General regulations for all signs.
(1) 
Signs must be constructed of durable material and maintained in good condition.
(2) 
Signs shall not be structurally unsafe, or endanger the safety of the building, premises, or the public safety.
(3) 
Signs may be interior-lighted with nonglaring lights, or may be illuminated by exterior lighting that are shielded so there is no direct light or glare transmitted to other properties or public rights-of-way.
(4) 
Only those signs referring directly to services, materials or products made, sold, or displayed on the premises shall be permitted, except as otherwise provided in this article.
(5) 
Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window, announcing a sale or similar feature, provided that the latter shall not occupy more than 33 1/3% of the total display window area for a period not to exceed 10 days.
C. 
Prohibited signs.
(1) 
Flashing, blinking, strobe, twinkling, animated, streaming, or moving signs shall be prohibited. This restriction specifically includes window signs, but does not prohibit seasonal Christmas lighting or displays. Notwithstanding the foregoing, electronically changing signs, including but not limited to time-and-temperature signs and fuel sales signs, shall be permitted. An electronic sign may change from one message to another message, provided the message does not change more than once every hour, except displays of time and temperature may change more frequently.
(2) 
No sign shall be located so as to interfere with motorist's visibility at street or driveway intersections.
(3) 
No signs shall be of such character, form, shape, color, or wording that they imitate or resemble any official traffic sign, signal or device or that have any characteristics which are likely to confuse or distract the operator of a motor vehicle on a public street.
(4) 
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.
(5) 
No sign shall be placed in such a position that it will obscure light or air from a building.
(6) 
No sign shall be attached to public utility poles or trees which are within the right-of-way of any street.
(7) 
No sign shall emit smoke, visible vapors or particles, sound or odors.
(8) 
No sign shall contain information that states or implies that a lot may be used for any purpose not permitted under the applicable provisions of this chapter.
(9) 
No sign shall display words or images that are obscene or pornographic.
(10) 
No sign shall be placed on the roof or be higher than the wall to which it is attached.
(11) 
No sign shall be affixed to any motor vehicle or trailer in such a manner that the carrying of such sign is no longer incidental to the vehicle's or trailer's primary purpose.
(12) 
No advertising sign shall be painted on, attached to or supported by a tree, stone, cliff or other natural object.
D. 
Determination of size of sign area.
(1) 
The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
(2) 
Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; provided, however, for a double-faced sign, if the interior angle formed by the two faces of the double-faced sign is less than 45° and the two faces are at no point no more than three feet from one another, the area of only the larger face shall be used to determine the sign area.
E. 
Signs permitted in all districts and not requiring permits. (See the table included as Attachment 1 to this chapter.)
F. 
Signs permitted by district and requiring permits. The following signs are permitted within the specified zoning districts, in compliance within the following regulations. (See the table included as Attachment 2 to this chapter.) Freestanding signs include pole signs and ground signs. Wall signs include signs on walls, awnings, canopies, and windows. See definitions of types of signs in Article II.
G. 
Placement and maximum height of wall signs.
(1) 
A wall sign shall not be placed upon a wall that faces onto a residential zoning district. This shall not prevent the placement of a wall sign on a building side that faces onto an abutting public street.
(2) 
The maximum height of wall signs shall be equal to the top of a structural wall to which the sign is attached. A sign shall not be attached to a parapet wall or to a pitched or mansard roof, and shall not extend above a roof.
(3) 
A sign may be placed on canopy over gasoline sales; however, the square footage of such sign shall be included as permitted wall sign area.
H. 
Portable signs (including "signs on mobile stands") and other temporary signs. Portable signs are prohibited in all districts, except as temporary charitable event signs as provided for in Subsection E[1] and sidewalk signs (sandwich board signs) meeting the requirements of Subsection F.[2]
[1]
Editor's Note: See the charitable event sign requirements included in the table in Attachment 1 to this chapter.
[2]
Editor's Note: See the sidewalk sign requirements included in Attachment 2 to this chapter.
I. 
Off-premises signs.
(1) 
All such signs are in conformance with Act 160, the Outdoor Advertising Control Act of 1971, as amended,[3] except as further controlled by this section.
[3]
Editor's Note: See 36 P.S. § 2718.101 et seq.
(2) 
Location. An off-premises sign shall be set back a minimum of 25 feet from adjoining properties and outside street rights-of-way. No off-premises sign greater than 20 square feet shall be located within 200 feet of a lot line for a residential zoning district.
(3) 
Maximum sign area. Area of freestanding sign permitted in district.
(4) 
Maximum height. Height determined by permitted sign height in district.
(5) 
Control of lighting and glare. See standards in this chapter.
(6) 
The sign shall be maintained in a good and safe condition. The area around the sign shall be kept free of debris.
J. 
Location of signs.
(1) 
A sign shall not intrude into or project over an existing street right-of-way, unless specifically authorized by a permit from Township or PennDOT. The Township may approve a temporary banner over a street cartway to advertise a charitable event.
(2) 
Unless specifically stated otherwise, a freestanding sign shall be outside of the street right-of-way. Unless specifically stated otherwise, a freestanding sign, including trim, border, and supports, shall be set back a minimum of 10 feet from any property line.
(3) 
Within an area regulated by Chapter 118, Building Permits; Floodplain Management, no freestanding sign shall be permitted and all wall-mounted signs shall be above the one-hundred-year flood elevation.
(4) 
These requirements shall not apply to official signs, identification signs on mailboxes, public service signs and directional signs.
K. 
Permission of owner. No sign shall be posted on any sign pole, public utility pole, or property unless permission has been received from the owner.
L. 
Construction of signs. Every sign (except allowed temporary signs) shall be constructed of durable materials. Every sign shall be kept in good condition and repair. The Zoning Officer shall by written notice require a property owner or lessee to repair or remove a damaged, dilapidated or unsafe sign within a specified period of time. If such order is not complied with, North Newton Township may repair or remove such sign at the expense of such owner or lessee.
M. 
Signs not regulated by this section.
(1) 
Historic sign: a sign that memorializes an important historic place, event or person and that is specifically authorized by North Newton Township, Cumberland County, state or federal agency.
(2) 
Holiday decorations: decorations that commemorate a holiday recognized by North Newton Township, county, state or federal government and that does not include advertising.
(3) 
Not readable sign: a sign that is not readable from any public street or any exterior lot line.
(4) 
Official sign: a sign erected by the state, Cumberland County, North Newton Township or other legally constituted governmental body, or specifically authorized by Township ordinance or resolution, and which exists for public purposes, such as, but not limited to, identifying public transit stops.
(5) 
Required sign. A sign that only includes information required to be posted outdoors by a government agency.
(6) 
Right-of-way sign. A sign posted within the existing right-of-way of a public street and officially authorized by the Township or PennDOT.
N. 
Abandoned or outdated signs.
(1) 
Signs advertising a use no longer in existence shall be removed within 90 days of the cessation of such use. If the owner of a property does not remove such sign within 30 days after receiving a written notice from the Zoning Officer, the sign may be removed by the Township at the expense of the property owner.
(2) 
These time limits shall not apply to a sign intended to be reused with a new sign face serving a building that is clearly temporarily vacant and being offered to new tenants or for purchase.
O. 
Permits to build new permanent signs or alter or move existing permanent signs.
(1) 
Except where otherwise provided for in this chapter, no permanent sign shall hereafter be erected, structurally altered or moved until the person proposing to erect, alter or move such sign shall have obtained a permit from the Zoning Officer. Such permit shall be issued only when the Zoning Officer is satisfied that such sign will, in every respect, comply with all the applicable provisions of this chapter. The fee for granting such a permit shall be as per the schedule of officially approved fees.
(2) 
Any person desiring such a permit shall file an application on a form which shall contain or have attached thereto the following information:
(a) 
The name, address and telephone number of the applicant.
(b) 
A map showing the location of the building, structure or lot to which the sign is to be attached or erected and showing the position of the sign in relation to nearby buildings and thoroughfares; such a map must be to scale.
(c) 
A plan showing the design of the sign, materials used and method of construction and means of attachment to the building or the ground; such plans must be to scale.
(d) 
The name of the person, firm, corporation or association erecting, altering or moving said sign.
(e) 
The written consent of the owner of the land on which the sign is to be erected, altered or relocated.
(f) 
Any electrical or building permit required and issued for said sign under municipal ordinance.
(g) 
Any other information as the Zoning Officer shall require in order to show full compliance with this chapter and all other applicable laws of North Newton Township.
P. 
Permits for temporary signs.
(1) 
All temporary signs as they are defined in this chapter, except those signs enumerated in Subsection E must have a permit.
(2) 
Application for a permit for a temporary sign shall be made on a form provided by the Zoning Officer. A permit for temporary signs must be kept on the premises where signs are displayed and must be shown to the Zoning Officer at request.
(3) 
The size, content and location of a temporary sign may be varied at any time so long as the variations remain within the overall restrictions of this chapter.
(4) 
Permits for temporary signs are valid for 60 days but may be renewed for one additional period for 30 days.
Q. 
Nonconforming signs.
(1) 
Signs legally existing at the time of enactment of this article and which do not conform to the requirements of this chapter shall be considered nonconforming signs. A nonconforming sign shall not be expanded or extended in any manner that would make it more nonconforming.
(2) 
An existing lawful nonconforming sign may be replaced with a new sign, provided that the new sign is not more nonconforming in any manner than the previous sign.