See the Township Subdivision and Land Development Ordinance [Chapter
22].
[Amended by Ord. No. 08-2020-630, 8/13/2020]
1. Construction Vehicle Parking and Temporary Offices. See "essential services," a permitted-by-right accessory use, in §
27-306.
2. Temporary Tents, Structures and Uses. Unless regulated by another
section of this chapter, tents and other temporary structures erected
for a routine and customary accessory use as well as temporary routine
and customary accessory uses, are permitted a maximum of 30 days in
any calendar year (January 1 through December 31); subject to the
following conditions:
A. Routine and Customary Accessory Use. A routine and customary accessory
use includes, but is not limited to:
(1)
A fundraising, charitable, or public service event held by a
permitted-by-right, special exception, conditional, or lawfully existing
nonconforming principle use of the property.
(2)
A special event held only for the residents, employees, or members
of a property.
(3)
A sidewalk or tent sale where the permitted principle use is
expanded outdoors, beyond the boundaries of the principle structure.
(4)
Outdoor dining at a restaurant.
B. Temporary Tent or Structure. A temporary tent or structure includes,
but is not limited to:
(1)
A tent or membrane structure intended for residential use but
does not include a swimming pool.
(2)
A mobile food truck, wagon, or similar vehicle remaining in
place and serving customers for more than 45 minutes on any given
day.
C. Statement from the Owner. The applicant shall present a statement
from the owner of record of the land accepting responsibility to ensure
that the temporary tent, structure, or use is removed once the permit
expires.
D. Removal. A temporary tent, structure, or use shall be removed completely
upon expiration of the permit without cost to the Township. If the
temporary tent, structure, or use is not removed in a timely fashion
after proper notification, the Township may remove the temporary tent,
structure, or use at the cost of the person who owns the land upon
which it is located.
E. Hours of Operation. Within a Residential Zoning District, a temporary
tent, structure, or use may not operate outdoors between the hours
of 10:00 p.m. and 7:00 a.m.
F. Parking. There shall be no additional parking requirements for a
temporary tent, structure, or use, however; it is the responsibility
of the applicant to ensure that parking is handled in a safe and efficient
manner. If parking spaces will be removed to accommodate the temporary
tent, structure, or use, the applicant must demonstrate that adequate
parking arrangements have been arranged for the event.
G. Notification of Authorities. Prior to the issuance of a permit, the
applicant of a temporary tent, structure, or use shall notify the
Township Police Department and the Township Fire Inspector so that
proper safety requirements, if any are required, may be arranged with
those authorities. Proof of this coordination must be provided to
the Zoning Officer.
H. Setback Requirements. All temporary tents and structures 1,000 square
feet of floor area or less are required to meet applicable setback
requirements of this chapter for accessory structures. Temporary tents
and structures greater than 1,000 square feet of floor area are required
to meet principal structure setback requirements of this chapter.
All temporary tents and structures must be located outside of the
designated fire lane and at least 10 feet from all permanent structures.
I. Reoccurring Events. Multiple occurrences of a temporary tent, structure,
or use may be approved provided that the same use or event does not
exceed or repeat 30 days in a calendar year. A permit shall not be
issued for multiple occurrences spanning more than one calendar year.
J. Fire Inspections. All temporary tents, structures, and uses on nonresidential
properties and all temporary tents, structures, and uses over 1,000
square feet on residential properties must adhere to all Township
Fire Code requirements and be inspected by the Township Fire Inspector
after installation and before usage begins.
K. Bathroom Facilities. The applicant shall provide proof of adequate
bathroom facilities at the discretion of the Zoning Officer.
3. Temporary Tents, Structures, and Uses by Special Exception. For temporary tents, structures, or uses which cannot meet the requirements stated in §
27-807, Subsection
2, and other than those uses that were lawfully occurring on a periodic basis prior to the adoption of this chapter, a temporary permit may be approved by the Zoning Hearing Board as a special exception use, subject to the following additional provisions:
A. Duration. The Zoning Hearing Board shall establish a limit on the
duration of the use. The Zoning Hearing Board may grant a single approval
once for numerous occurrences of an event. For reoccurring events,
approval can be granted for a maximum of up to five consecutive years.
B. Temporary Use. For a use not considered to be a routine and customary
accessory use but still considered to be an accessory use to the permitted-by-right,
special exception, conditional, and lawfully existing nonconforming
principle use of the property, the Zoning Hearing Board may approve
the use as a special exception, regardless if the use is permitted
in that zoning district or not.
C. Fee. Upon written request, the Zoning Hearing Board may waive and/or
return the required application fee if the applicant is an Internal
Revenue Service recognized and well-established nonprofit organization
and the applicant clearly shows that the proposed use is temporary
and will be used to clearly primarily serve a charitable or public
service purpose.
D. Special Events. For a special event that will attract significant
numbers of the public, the Zoning Hearing Board may deny the use if
it determines that the proposed temporary tent, structure, or use
will have a negative impact on the general health, safety, and welfare
of the Township.
4. Portable Storage Containers.
A. This section shall apply to a portable storage container that is
kept outside of a building and which has a length greater than 10
feet and which is not currently attached to a motor vehicle or railroad
and which is not part of a permitted principal industrial use.
B. The following regulations shall apply on a principally residential
lot:
(1)
A portable storage container shall not be kept on a principally
residential lot for a total of more than 60 days in any two-year period,
unless it is necessary for storage as part of an active construction
permit for the lot.
(2)
A maximum of one portable storage container shall be allowed
per lot.
(3)
A portable storage container shall not be required to comply
with minimum setbacks for accessory structures.
C. On a lot that is not a principally residential lot, any portable
storage container that is kept on a lot for more than 30 days shall
meet the setbacks that apply to a principal building, unless it is
necessary to temporarily hold materials for on-site construction.
D. The following shall apply to any portable storage container:
(1)
The container shall not obstruct safe sight distances at intersections.
(2)
The container shall not obstruct travel lanes of a street or
a public sidewalk or a handicapped ramp.
(3)
The container shall only be allowed to be placed within a street
right-of-way if a permit for such placement is issued by the Township.
Such permit shall specify a maximum number of days during which the
container may be placed within the right-of-way.
(4)
The container shall not be used to store hazardous, explosive
or toxic substances or putrescent garbage.
(5)
A facility that stores portable storage containers that have
been leased by others or are available for lease shall be considered
a warehouse.
5. Temporary Tents, Structures, and Uses During an Emergency Declaration.
In the event of an emergency declaration by the United States Federal
Government, the Commonwealth of Pennsylvania, or the Township of Salisbury,
temporary tents, structures, and uses needed to adhere to regulations
set by the emergency declaration, shall not be regulated by this chapter,
provided that such temporary tents, structures, and uses are removed
and the property is restored to its original state within 30 days
after the emergency declaration has been lifted. If a property owner
wishes to retain the temporary tent, structure, or use after the emergency
declaration has been lifted, a zoning application must be submitted
within 30 days after the emergency declaration has been lifted and
the application will be reviewed according to all regulations of this
chapter. This section does not exempt a property owner and/or applicant
from any other regulations or Code requirements of the Township of
Salisbury.
The requirements of the SALDO [Chapter
22] shall apply.
A driveway or accessway serving a commercial or industrial use
shall be deemed to be integral with such use and shall not be a permitted
use in a residential district. This restriction shall not apply to
a driveway or accessway that will be clearly limited to use by only
emergency vehicles.