[Ord. 125, 7/18/2007, § 401]
1.
This Part establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
[Ord. 125, 7/18/2007, § 402]
1.
Each of the following uses shall meet all of the following requirements
for that use:
A.
Adult Use. (This is limited to the following: adult bookstore, adult
movie theater, massage parlor, or adult live entertainment facility).
(1)
Purposes. The regulations on adult uses are intended to serve
the following purposes, in addition to the overall objectives of this
chapter.
(a)
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the Township.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to: increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
(b)
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(c)
To not attempt to suppress any activities protected by the "free
speech" protections of the state and U.S. Constitutions, but instead
to control secondary effects.
(2)
An adult use and its parking area shall not be located within
any of the following distances, whichever is most restrictive:
(a)
Five hundred lineal feet from the lot line of an existing dwelling.
(b)
Five hundred lineal feet from the lot line of any lot in a residential
zoning district.
(c)
One thousand lineal feet from the lot line of any primary or
secondary school, place of worship, library, public park, day-care
center or child nursery.
(3)
No adult use shall be located within 1,000 lineal feet from
any existing "adult use."
(4)
A fifty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines. If such buffer area does
not include substantial mature trees that will be preserved, it shall
include continuous screening by evergreen trees with an initial height
of five feet.
(5)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(6)
No adult use shall be used for any purpose that violates any
federal, state or municipal law.
(7)
Pornographic and sexually explicit signs and displays shall
be prohibited that are visible from outside of the premises.
(8)
The adult use shall not include the sale or display of "obscene"
materials, as defined by Pennsylvania criminal law, as may be amended
by applicable court decisions.
(9)
An adult use shall be prohibited in all districts except where specifically allowed under § 27-306. An adult use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.
(10)
A minimum lot area of one acre is required.
(11)
For public health reasons, private or semi-private viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
(12)
No use may include live actual or simulated sex acts nor any
physical or sexual contact between employees and entertainers nor
or between employees or entertainers and customers. At an adult live
entertainment use, employees or entertainers shall maintain a minimum
distance of three feet from customers. This shall include, but not
be limited to, a prohibition on "lap dancing."
(13)
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor.
(14)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful "adult live entertainment facility."
(15)
Any application for such use shall state the names and home
addresses of: (a) all individuals intended to have more than a 5%
ownership in such use or in a corporation owning such use and (b)
an on-site manager responsible to ensure compliance with this chapter
on a daily basis. A telephone number shall be provided where the on-site
manager can be reached during Township business hours. Such information
shall be updated at the beginning of each year in writing to the Zoning
Officer.
(16)
The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m.
(17)
As specific conditions of approval under this chapter, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of
1996 (which pertains to adult-oriented establishments and which limits
enclosed viewing booths among other matters).
(18)
An adult use shall not be on the same lot as a use that sells
alcoholic beverages.
C.
After Hours Club. This use is effectively prohibited by State Act
219 of 1990, as amended (18 Pa.C.S.A. § 7327). In the event
that the use would be determined to be allowed, a five-hundred-foot
setback shall apply from the building and any parking areas from any
residential zoning district. The applicant shall prove that adequate
on-site security will be in place.
D.
Airport.
(1)
As part of a conditional use approval, the Board of Supervisors
shall have the authority to establish reasonable conditions that limit
the types, sizes and weights of aircraft and the hours of operation
in order to minimize noise nuisances to dwellings.
(2)
As part of a conditional use application, the applicant shall
provide evidence that flight patterns will be designed to minimize
noise nuisances to dwellings.
(3)
Each end of a runway shall be set back a minimum of 200 feet
from all lot lines. Each side of a runway shall be set back a minimum
of 100 feet from all lot lines.
(4)
The use of an ultralight aircraft, model aircraft or parasailing
shall not be considered an airport.
F.
Apartments. See "townhouses and apartments" in this section.
G.
Assisted Living Facility/Personal Care Center. The standards for
nursing homes in this section shall apply.
H.
Auto, Boat or Mobile/Manufactured Home Sales.
(1)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 27-803.
(3)
Any mobile/manufactured homes on a sales site shall meet the
required principal building setbacks from the perimeter lot lines.
I.
Auto Repair Garage.
(1)
All paint work shall be performed within a building, with a
fume collection and ventilation system that directs fumes away from
any adjacent dwellings. Outdoor major repairs (such as body work and
grinding) and outdoor welding shall not occur within 250 feet of a
"residential lot line."
(3)
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way.
(4)
Overnight outdoor storage of "junk" other than permitted junk
vehicles shall be prohibited within view of a public street or a dwelling.
(5)
Any "junk vehicle" (as defined by Part 2) shall not be stored
for more than 20 days within view of a public street or a dwelling.
A maximum of six junk vehicles may be parked on a lot outside of an
enclosed building at any one time. Any junk vehicle stored outside
overnight shall be screened from view of adjacent dwellings.
(6)
Service bay doors shall not face directly towards an abutting
dwelling (not including a dwelling separated from the garage by a
street) if another reasonable alternative exits.
J.
Auto Service Station.
(1)
See definition of this term and "auto repair garage" in Part
2. The uses may be combined, if the requirements for each are met.
(2)
All activities except those to be performed at the fuel or air
pumps shall be performed within a building. The use shall not include
spray painting.
(3)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way and shall meet side yard principal building setback requirements.
(4)
Overnight outdoor storage of "junk" shall be prohibited within
view of a public street or dwelling. Any junk vehicle stored outside
overnight shall be screened from view of adjacent dwellings.
(5)
Any "junk vehicle" (as defined by Part 2) shall not be stored
more than 20 days within view of a public street or a dwelling. No
junk vehicles shall be stored within 20 feet of an existing street
right-of-way. No more than six junk vehicles shall be stored on the
lot outside of an enclosed building at any point in time.
(6)
The use may include a "convenience store" if the requirements
for such use are also met.
(7)
A canopy shall be permitted over the gasoline pumps with a minimum
front yard setback of 20 feet from each street right-of-way line.
(a)
Such canopy may be attached to the principal building. The canopy
shall not include any signs, except for the following: 1) a sign may
be attached to each of two sides of the canopy in place of an allowed
freestanding sign, 2) an allowed wall sign may be placed on a portion
of the canopy that is behind the minimum front yard setback line,
and 3) necessary warning signs.
(b)
Within the minimum front yard building setback, the distance
between the ground level and the bottom of the canopy shall not be
greater than 20 feet. Parts of a sloped canopy may have a taller height
if the purpose of the taller height is to deflect soot and glare away
from the street or neighboring properties.
(8)
Fuel tanks and dispensers and ventilation equipment shall be
setback a minimum of 100 feet from the lot line of any residential
or institutional use (such as a school or nursing home). Fuel dispensers
shall be set back a minimum of 30 feet from the existing street right-of-way
line.
K.
Bed-and-breakfast Inn.
(1)
Within an agricultural or residential district (where permitted under § 27-306), a maximum of six rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts. Only one bed-and-breakfast inn shall be permitted per lot.
(2)
One off-street parking space shall be provided for each rental
unit, plus employee parking. To the maximum extent feasible, off-street
parking spaces for the bed-and-breakfast inn shall be: (a) located
either to the side or rear of the principal building and (b) screened
from the street and abutting dwellings by landscaping. Off-street
parking spaces shall be set back a minimum of 10 feet from lot lines.
(3)
There shall not be any signs, show windows or any type of display
or advertising visible from outside the premises, except for a single
sign with a maximum sign area of eight square feet on each of two
sides and with a maximum height of eight feet. No internal lighting
of the sign shall be permitted.
(4)
Within a residential district, the use shall have a residential
appearance and character.
(5)
The use shall be owned, operated or managed by permanent residents
of the lot.
(6)
There shall not be separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight,
unless a restaurant is also permitted.
(7)
No guest shall stay for more than 14 days in any month.
L.
Boarding House (includes Rooming House).
(1)
Minimum lot area: one acre.
(2)
Minimum side yard building setback: 30 feet side.
(3)
Minimum lot width: 200 feet.
(4)
Maximum density: 5,000 square feet of lot area per bedroom;
but in no case shall the lot serve a total of more than 20 persons.
(5)
Each bedroom shall be limited to two adults.
(6)
A buffer yard with screening meeting § 27-803 shall be provided between any boarding house building and any abutting dwelling.
(7)
Note-there are separate standards for an "assisted living facility,"
which is not considered a boarding house.
(8)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(9)
Rooms shall be rented for a minimum period of five consecutive
days.
M.
Campground, Camp or Recreational Vehicle Campground.
(1)
Within a residential district, for each acre of total lot area,
there shall be a maximum average of: (a) five recreational vehicle
sites (where allowed), (b) 10 tent sites or (c) cabin sleeping capacity
for 20 persons. Such sites may be clustered in portions of the tract.
Such maximum density shall not apply within a commercial district.
(2)
Retail sales shall be allowed as an accessory use. Within a
residential district, any store shall be limited to sales of recreational,
household, food, gift and camping items. Within a residential district,
any store shall be primarily intended to serve persons camping on
the site.
(3)
Minimum lot area: five acres in an allowed commercial or industrial
district, 10 acres in any other district where the use is permitted
under Part 3.
(4)
All campsites, recreational vehicle sites, and principal commercial
buildings shall be set back a minimum of 75 feet from any contiguous
lot line of an existing dwelling that is not part of the campground
or camp. Within this buffer, the applicant shall prove to the maximum
extent feasible that any existing healthy trees will be maintained
and preserved. Where healthy mature trees do not exist within this
buffer, and if practical considering soil and topographic conditions,
new trees shall be planted within this buffer.
(a)
The screening of evergreens provided in § 27-803 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.
(b)
Removal of trees within this buffer shall be only allowed for
a necessary crossing of a street (which shall be generally perpendicular
to the buffer), stormwater channel, driveway, and utility and to provide
safe sight distance.
(5)
Buildings used for sleeping quarters shall not be within the
one-hundred-year floodplain.
(6)
Maximum Impervious Coverage. Within a residential district, 10%, which shall include the typical lot area covered by recreational vehicles at full capacity. Within any other district, the maximum impervious coverage shall be the percentage that applies to that zoning district in § 27-307, Subsection 1.
(7)
No person other than a bona fide resident manager/caretaker
shall reside on the site for more than six months in any calendar
year. No recreational vehicle shall be occupied on the site for more
than six months in any calendar year by any one individual or one
family, other than a resident manager/caretaker.
N.
Car Wash.
(1)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets. On-lot traffic circulation channels and parking
areas shall be clearly marked.
(2)
Adequate provisions shall be made for the proper and convenient
disposal of refuse. The applicant shall provide evidence that adequate
measures will be in place to prevent pollutants from being washed
into the groundwater or waterways. Any chemicals or polluted runoff
that may be hazardous to aquatic life shall be stored within an area
that will completely contain any leaks, spills or polluted runoff.
(3)
Water from the car wash operation shall not flow onto sidewalks
or streets in such a manner as could cause ice hazards.
(4)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 10:00 p.m. and 7:00
a.m.
(5)
No portion of a car wash shall be located within 100 feet from
the center line of a perennial waterway.
(6)
Minimum lot area: five acres, which shall be reduced to one
acre if the applicant proves that most of the water used in the operation
will be recycled on-site.
O.
Cemetery.
(1)
Minimum lot area: two acres, which may be on the same lot as
an allowed place of worship.
(2)
A crematorium, where allowed by Part 3, shall be set back a
minimum of 250 feet from all lot lines of existing dwellings and all
undeveloped residentially zoned lots.
(3)
All structures and graves shall be set back a minimum of: 30
feet from the future right-of-way of any public street, 10 feet from
the cartway of an internal driveway, and 20 feet from any other lot
line. Any buildings with a height greater than 20 feet shall be set
back a minimum of 50 feet from all lot lines.
(4)
No grave sites and no structures shall be located within the
one-hundred-year floodplain.
(5)
The applicant shall prove to the satisfaction of the Zoning
Officer, based upon review by the Township Solicitor, that the use
will include an appropriate financial system to guarantee perpetual
maintenance.
P.
Commercial Communications Antennas/Tower as Principal or Accessory
Use.
(1)
An accessory commercial communications antenna shall be permitted
by right in any district if it meets the following requirements:
(a)
In a district other than a commercial or industrial district,
the antenna shall extend a maximum of 20 feet beyond the existing
structure to which it is attached. The antenna shall be attached to
one of the following existing lawful structures:
(b)
In a commercial or industrial district, the antennas shall extend
a maximum of 40 feet beyond an existing building or structure (other
than a dwelling), provided the antenna is set back a distance equal
to its total height above the ground from any lot line of a dwelling
on another lot.
(2)
Any commercial communications antenna/tower that does not meet Subsection 1P(1) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 27-306, and in compliance with the following additional regulations:
(a)
Such antenna/tower shall be set back from all lot lines and
street rights-of-way a distance that is greater than the total height
of the antenna/tower above the surrounding ground level. The Board
of Supervisors may permit an easement arrangement to be used without
meeting the setback requirement from the edge of the leased area,
provided that there are legal safeguards to ensure that the setback
will continue to be met over time from a lot line.
(b)
A new tower, other than a tower on a lot of an emergency services
station, shall be set back the following minimum distance from any
existing dwelling-300 feet plus the total height of the tower above
the surrounding ground level.
(c)
A tower attached to the ground shall be surrounded by a security
fence/gate with a minimum height of eight feet and evergreen plantings
or preserved vegetation with an initial minimum height of four feet.
(d)
The applicant shall provide a written statement sealed by a
professional engineer stating that the communications antenna/tower
will meet the structural and wind resistence requirements of the Construction
Code.
(e)
The applicant shall describe in writing the policies that will
be used to offer space on a tower to other communications providers,
which shall serve to minimize the total number of towers necessary
in the region. This policy shall be designed to minimize the total
number of towers necessary in the Township.
(f)
An applicant for a new commercial communications tower shall
provide evidence to the Board of Supervisors ("the Board") that they
have investigated co-locating their facilities on an existing tower
and other tall structures and have found such alternative to be unworkable.
The reasons shall be provided.
(g)
A maximum total height of 200 feet above the ground shall apply
in a commercial and industrial district and 150 feet in any other
district where it may be allowed, unless the applicant proves to the
Board of Supervisors as a conditional use that a taller height is
absolutely necessary and unavoidable.
(h)
The application shall describe any proposed lighting. The Board
may require lighting of an antenna even if it will not be required
by the Federal Aviation Administration. Such lighting is intended
to provide protection for emergency medical helicopters. Strobe lighting
shall not be used, but flashing lights may be used.
(i)
A new tower shall be designed in a manner that minimizes its
visual intrusiveness and environmental impacts to the maximum extent
feasible. For example, monopole designs or designs worked into a flag
pole are preferred over lattice designs. Self-supporting towers are
preferred over towers with guy wires that would require removal of
larger numbers of trees.
(3)
Purposes. These provisions for commercial communications antenna/towers
are primarily designed to serve the following purposes, in addition
to the overall objectives of this chapter:
(a)
To protect property values.
(b)
To minimize the visual impact of antenna/towers, particularly
considering the importance of the scenic beauty of the area in attracting
visitors for outdoor recreation.
(c)
To minimize the number and heights of towers in a manner that
still provides for adequate telecommunications services and competition.
(4)
A tower/antenna that is intended to primarily serve emergency
communications by a Township-recognized police, fire or ambulance
organization, and is on the same lot as an emergency services station,
shall be permitted by right. Such tower/antenna may also serve commercial
purposes.
(5)
Any antenna and tower that is no longer in active use shall
be completely removed within six months after the discontinuance of
use. The operator shall notify the Zoning Officer in writing after
the antenna or tower use is no longer in active use. Any lease shall
require such removal by the owner of the antenna/tower. Any lease
should provide that the lease shall expire once the antenna/tower
is removed. The Board of Supervisors may require that a financial
guarantee be posted to pay for removal of the tower if the Board determines
such guarantee is needed.
(6)
All accessory utility buildings or cabinets shall: have a maximum
total floor area of 400 square feet, which may be divided among adjacent
buildings serving separate companies, have a maximum height of 10
feet and meet principal building setbacks.
(7)
No new or existing antenna shall cause interference with public
safety telecommunications. The Township may require the applicant
for a new commercial communications tower to submit a study by a radio
frequency engineer or other qualified professional to analyze the
threat of interference.
Q.
Conversion of an Existing Building (Including an Existing Dwelling)
into Dwelling Units.
(1)
See Part 3, which regulates where conversions are permitted.
Applicable state fire safety requirements shall be met.
(2)
The following regulations shall apply to the conversion of an
existing one-family dwelling into a greater number of dwelling units:
(a)
The building shall maintain the appearance of a one-family dwelling
with a single front entrance. Additional entrances may be placed on
the side or rear of the structure. The dwelling units may internally
share the single front entrance.
(b)
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building, or
would require the placement of more than three off-street parking
spaces in the required front yard.
(3)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of a historic
building.
(4)
A maximum total of four dwelling units may be developed per
lot unless a more restrictive provision is established by another
section of this chapter, unless the building includes more than 4,000
square feet of building floor area at the time of adoption of this
chapter.
R.
Day-care center, Child.
(2)
The use shall comply with any applicable state and federal regulations,
including having an appropriate Pennsylvania Department of Public
Welfare (or its successor agency) registration certificate or license.
(3)
Convenient parking spaces within the requirements of Part 6
shall be provided for persons delivering and waiting for children.
(4)
In residential districts, where permitted as a principal use,
a day care use shall have a minimum lot area of 30,000 square feet
and a minimum setback for buildings and outdoor play areas of 25 feet
from an abutting "residential lot line."
(5)
The use shall include secure fencing around outdoor play areas.
(6)
This use shall not be conducted in a dwelling that is physically
attached to another dwelling that does not have a common owner.
(7)
In residential districts, any permitted day care use shall maintain
an exterior appearance that resembles and is compatible with any existing
dwellings in the neighborhood.
(8)
A day care use may occur in a building that also includes permitted
or nonconforming dwelling units.
(9)
See also the standards for a "place of worship" in this section,
which allows a day-care center as an adjunct use.
S.
Emergency Services Station. The following uses shall be allowed as
accessory uses to the principal use of a fire company station: a banquet
hall, small games of chance allowed under state law, and facilities
for periodic special events.
T.
Forestry. See "timber harvesting" in this section.
U.
Golf Course. A golf course may include a restaurant or clubhouse
provided that such building is located a minimum of 150 feet away
from any lot line of an existing dwelling. The maximum impervious
area covered by man-made surfaces shall not exceed 5% of the total
lot area of the golf course.
V.
Groundwater or Spring Water Withdrawal. Involving removal of an averaging
of more than 100,000 gallons per day from a lot for off-site consumption.
(Note: If the water is being utilized for uses on adjacent lots or
as part of a public water system, it shall not be considered off-site
consumption.)
(1)
See Allowed Uses in Primarily Residential Zoning Districts,
Subsection (6).[1] The regulations of this section shall not apply to water
used by a principal agricultural use within the Township.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
If the water will be trucked off-site, the applicant shall provide
a written report by a professional engineer with substantial experience
in traffic engineering. Such study shall analyze the suitability of
the area street system to accommodate the truck traffic that will
be generated. The application shall only be approved if the applicant
proves to the satisfaction of the Board of Supervisors that the area
street system is suitable in terms of structure, geometry, safety
and capacity to accommodate the additional truck traffic.
(3)
If the water will be trucked off-site, any area used for loading
or unloading of tractor-trailer trucks shall be set back a minimum
of 150 feet from any adjacent residential lot.
(4)
Minimum lot area: five acres, plus five additional acres for
each 20,000 gallons per day of capacity of withdrawal, provided that
not more than 100 acres shall be required.
W.
Group Homes. Group homes are permitted within a lawful dwelling unit,
provided the following additional requirements are met:
(2)
A group home shall not include any use meeting the definition
of a "treatment center."
(3)
A small group home shall include the housing of a maximum of
six unrelated persons, and a large group home shall include the housing
of a maximum of 12 unrelated persons, except:
(4)
The facility shall have adequate trained staff supervision for
the number and type of residents. If the staffing of the facility
has been approved by a state or county human service agency, then
this requirement shall have been deemed to be met.
(5)
The applicant shall provide evidence of any applicable federal,
state or county licensing or certification to the Zoning Officer.
(6)
The group home shall register in writing its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer.
(7)
Any medical or counseling services shall be limited to a maximum
of three nonresidents per day. Any staff meetings shall be limited
to a maximum of five persons at one time.
(9)
If a group home is in a residential district, an appearance
shall be maintained that is closely similar to nearby dwellings, and
no sign shall identify the use.
(10)
The persons living on-site shall function as a common household
unit.
(11)
The applicant shall notify the local ambulance and fire services
of the presence of the group home and the type of residents.
(12)
An off-street parking space shall be provided for the largest
vehicle that serves the use.
(13)
The building shall have lighted exit lights, emergency lighting
and inter-connected smoke alarms.
X.
Heliport.
(1)
The applicant shall prove that the heliport has been located
and designed to minimize noise nuisances to other properties.
(2)
The Zoning Hearing Board may place conditions on the size of
helicopters, frequency of use, fueling facilities, setbacks and hours
of operation to minimize nuisances and hazards to other properties.
Provided that the conditions do not conflict with safety or federal
or state regulations, the Zoning Hearing Board may require that the
majority of flights approach from certain directions, and not from
other directions that are more likely to create nuisances for residential
areas.
Z.
Junkyard. (Includes automobile salvage yard).
(1)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on-site and routinely awaiting
pick-up.
(2)
Outdoor storage of junk shall be at least: (a) 100 feet from
any residential lot line, and (b) 50 feet from any other lot line
and the existing right-of-way of any public street.
(3)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways with a minimum
width of 15 feet shall be provided throughout the entire use to allow
access by emergency vehicles. Adequate off-street parking areas shall
be provided for customers.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 27-803, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(5)
Burning or incineration is prohibited.
(6)
See the noise or dust regulations of Part 5.
(7)
All gasoline, antifreeze and oil shall be drained from all vehicles
and properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious and properly
drained surface.
(8)
Lot area: five acres minimum; 20 acres maximum.
(10)
Any storage of junk shall be maintained a minimum distance of
50 feet from the one-hundred-year floodplain of any waterway, and
shall be kept out of a drainage swale.
(11)
Where a junkyard is regulated by both this chapter and another
chapter of the codified ordinances of the Township, the provision
that is more restrictive upon the junkyard use shall apply.
AA.
Kennel.
(1)
All buildings in which animals are housed (other than buildings
that are completely soundproofed and air conditioned) and all runs
outside of buildings shall be located at least 150 feet from all "residential
lot lines." This one-hundred-fifty-foot setback shall be increased
to 200 feet if more than 20 dogs are kept overnight on the lot, and
be increased to 250 feet if more than 50 dogs are kept overnight on
the lot.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
(3)
No animal shall be permitted to use outdoor runs from 9:00 p.m.
to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height, to minimize dog barking.
(4)
See state law regulating kennels.
(5)
Minimum lot area: six acres, unless a larger lot area is required
by another section of this chapter.
BB.
Livestock and Poultry, Raising of.
(1)
Minimum lot area: five acres, except a minimum lot area of 25
acres shall apply for an "intensive raising of livestock or poultry"
use.
(2)
Except for an intensive raising of livestock or poultry use,
any building or concentrated feeding areas for the keeping of livestock
or poultry shall be located a minimum of: (a) 300 feet from a lot
in a residential district, (b) 150 feet from an existing dwelling
that is not within a residential district, and (c) 50 feet from all
other exterior lot lines. As a special exception use, the Zoning Hearing
Board may approve a smaller setback for the expansion of facilities
that existed prior to the adoption of this section where the applicant
proves that there is no reasonable and feasible alternative and where
the applicant proves that the lesser distance would not be detrimental
to public health or safety or create significant hazards or nuisances.
(3)
For an intensive raising of livestock or poultry use, any building
or concentrated feeding areas for the keeping of livestock or poultry
shall be located a minimum of: (a) 500 feet from a lot in a residential
district, (b) 200 feet from an existing dwelling that is not within
a residential district, and (c) 100 feet from all other exterior lot
lines. As a special exception use, the Zoning Hearing Board may approve
a smaller setback for the expansion of facilities that existed prior
to the adoption of this section where the applicant proves that there
is no reasonable and feasible alternative and where the applicant
proves that the lesser distance would not be detrimental to public
health or safety or create significant hazards or nuisances.
(5)
Fencing shall be used as necessary and practical to prevent
livestock from entering streets or unauthorized property.
(6)
The keeping of putrescent garbage-fed swine shall meet the setbacks
for an intensive raising of livestock or poultry use. See the State
Domestic Animal Law provisions regarding garbage-fed animals.
(7)
For a new or expanded raising of livestock or poultry use, evidence
shall be provided by the operator/applicant to the Township to show
that there will be compliance with procedures and requirements of
the State Nutrient Management Act, 3 Pa.C.S.A. § 501 et
seq., and accompanying state regulations.
(8)
Buildings used for the keeping of livestock or poultry shall:
(9)
For manure storage facilities that are specifically required
to have a setback from lot lines under the State Nutrient Management
Regulations, that state setback shall apply. For any other manure
storage facilities, a one-hundred-foot minimum setback shall apply
from all lot lines.
(10)
The following additional requirements shall apply to an intensive
raising of livestock or poultry use:
(a)
The applicant shall provide a soil and erosion control plan
to the County Conservation District for review and pay their review
fees.
(b)
The applicant shall describe in writing or on site plans methods
that will be used to address water pollution and insect and odor nuisances.
The applicant shall provide a written comparison of proposed methods
of controlling insect and odor nuisances and avoiding water pollution
to applicable sections of the Pennsylvania Soil and Water Conservation
Technical Guide as published by the U.S. Department of Agriculture
and the State Department of Environmental Protection's Manure
Management Manual for Environmental Protection, or their successor
publications. The applicant may meet this requirement by providing
a cross-reference to certain sections of such manuals or other written
industry standards to describe the methods that will be used.
(c)
The location of the facility is requested to consider prevailing
wind patterns as they may affect the nearest existing dwellings.
(d)
An area shall be provided for trucks to turnaround on the property
that avoids the need to back out onto a public road.
CC.
Manufactured Homes and Manufactured Home Parks. See "mobile/manufactured
home" in this section.
EE.
Mineral Extraction.
(1)
If a mineral extraction use involves mining activities over
more than two acres of land in any calendar year, then the following
additional requirements shall be met:
(a)
A copy of all information submitted to state agencies shall
also be submitted to the Zoning Officer at the same time.
(b)
A detailed and appropriate land reclamation and reuse plan of
the area to be excavated shall be submitted to the Zoning Officer.
Compliance with such plan shall be a condition of Township permits.
(c)
After areas are used for mineral extraction, those areas shall
be reclaimed in phases to a nonhazardous and environmentally sound
state permitting some productive or beneficial future use.
(d)
A fifty-foot wide yard covered by natural vegetative ground
cover (except at approved driveway crossings) shall be required along
all exterior lot lines that are within 200 feet of an area of excavation.
The Board of Supervisors may require this yard to include an earth
berm with a minimum average height of six feet and an average of one
shade tree for each 40 feet of distance along the lot lines. Such
shade trees shall be planted outside of any berm and any fence.
1)
New trees shall not be required where preserved trees will serve
the same purpose.
(e)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner or operator of the mineral extraction use:
1)
One hundred feet from the existing right-of-way of public streets
and from all exterior lot lines of the property.
2)
One hundred fifty feet from a nonresidential principal building,
unless released by the owner thereof.
3)
Four hundred feet from the lot line of a dwelling.
4)
One hundred fifty feet from the lot line of a publicly-owned
recreation area that existed at time of the application for the use
or expansion.
(f)
The excavated area of a mineral extraction use shall be set
back 150 feet from the average waterline of a perennial stream or
the edge of a natural wetland of more than two acres.
(g)
Truck access to the use shall be located to reasonably minimize:
hazards on public streets and dust and noise nuisances to residences.
(h)
Fencing. The Board of Supervisors may require secure fencing
in locations where needed to protect public safety. As an alternative,
the Board of Supervisors may approve the use of thorny vegetation
to discourage public access. Also, warning signs shall be placed around
the outer edge of the use.
(i)
Hours of Operation. The Board of Supervisors, as a condition
of conditional use approval, may reasonably limit the hours of operation
of the use and of related trucking and blasting operations to protect
the character of adjacent residential areas.
(j)
The activities and residual effects shall not create conditions
that are significantly hazardous to the health and safety of neighboring
residents.
(k)
A plan shall be submitted showing sequential phases of mining
activities on the land. Reclamation shall be initiated on one phase
before the next phase is opened for mining.
(l)
A plan shall be submitted showing how dust will be controlled.
FF.
Mobile/Manufactured Home. Installed on an individual lot or within
a mobile/manufactured home park approved after the adoption of this
chapter.
(1)
Construction. Any mobile/manufactured home placed on any lot
after the adoption of this chapter shall be constructed in accordance
with 1976 or later Safety and Construction Standards of the U.S. Department
of Housing and Urban Development. (Note-these federal standards supersede
local construction codes for the actual construction of the home itself.)
(2)
Each site shall be graded to provide a stable and well-drained
area.
(3)
Each home shall have hitch and tires removed.
(4)
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the Construction Codes [Chapter 5] shall apply, in addition to the manufacturer's specifications for installation.
(5)
Foundation Treatment. The space between the bottom of the home
and the ground and/or home pad shall be enclosed using a durable fire-resistant
material. This enclosure shall have the appearance of a foundation
of a site-built home, such as material with a concrete-type or stucco
facing, except that metal skirting shall be allowed for a dwelling
within a manufactured/mobile home park. Provisions shall be provided
for access to utility connections under the home.
GG.
Mobile/Manufactured Home Park.
(1)
Plans and Permits. Plans shall be submitted and reviewed by
the Township for all mobile/manufactured home parks in compliance
with the mobile/manufactured home park provisions of the Subdivision
and Land Development Ordinance [Chapter 22] and all other provisions
of such ordinance that apply to a land development, including the
submission, approval and improvements provisions (other than specific
provisions altered by this section).
(2)
The minimum tract area shall be three contiguous acres, unless a larger tract area is required by § 27-306 in a particular zoning district. This minimum tract area shall be under single ownership.
(3)
Density. The maximum average density of the tract shall be four
dwelling units per acre.
(a)
To calculate this density: 1) land in common open space or proposed
streets within the park may be included, but 2) land within the one-hundred-year
floodplain, wetlands and slopes over 25% shall not be included.
(4)
Landscaped Perimeter. Each mobile/manufactured home park shall
include a thirty-five-foot wide landscaped area including substantial
attractive evergreen and deciduous trees around the perimeter of the
site, except where such landscaping would obstruct safe sight distances
for traffic. A planting plan for such area shall be approved by the
Board of Supervisors as part of any required conditional use approval.
Such landscaped area shall not be required between adjacent mobile
home park developments. The same area of land may count towards both
the landscaped area and the building setback requirements.
(5)
A dwelling, including any attached accessory building, shall
be set back a minimum of 25 feet from another dwelling within the
mobile home park, except that unenclosed porches, awnings and decks
may be 15 feet from the walls of another dwelling.
(6)
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
(7)
The minimum principal and accessory building setbacks from exterior/boundary
lot lines and rights-of-way of preexisting public streets shall be
50 feet.
(8)
Each home shall comply with the requirements for "mobile/manufactured
homes" stated in the preceding subsection.
(9)
Accessory Structures. A detached accessory structure or garage
shall be separated a minimum of 15 feet from any dwelling units which
the accessory structure is not accessory to.
(10)
"Common Open Space" for a Mobile Home Park. A minimum of 15%
of the total lot area of the entire mobile home park shall be set
aside as common open space for the residents. The applicant shall
prove that these areas will be suitable for active or passive recreation.
If a development will not be restricted to persons over age 55, then
the common open space shall at a minimum include a rectangular grass
field 100 feet by 200 feet suitable for free play by young persons.
If a development will be restricted to persons over age 55, then the
common open space shall at a minimum include landscaped paved trails,
including segments that are ADA accessible. A recreation building
or pool available to all residents of the development may count towards
this requirement.
(11)
Streets.
(a)
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets and shall not be
from public streets exterior to the development.
(b)
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets or parking courts serving less than
20 homes shall have a minimum paved cartway of 20 feet.
(c)
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Township cartway construction
standards.
(12)
Utilities. All units within the mobile home park shall be connected
to a public water and a public sewage system. The system shall meet
appropriate minimum water pressure/fire flow and hydrant requirements.
The applicant shall prove that adequate provisions are made for solid
waste disposal.
(13)
Along through-streets, a minimum nighttime lighting level of
0.2 footcandles shall be maintained, at no expense to the Township.
(14)
Other Requirements. A manufactured/mobile home park shall comply with all of the same requirements of Township ordinances that apply to a subdivision or land development of site-built single-family detached dwellings, except for requirements that are specifically modified by this § 27-402, Subsection 1. This includes, but is not limited to, submission, approval and improvement requirements of the Township Subdivision and Land Development regulations [Chapter 22].
HH.
Motor Vehicle Race Track.
(1)
All areas used for the racing, testing and maintenance of motor
vehicles shall be set back a minimum of 400 feet from the lot line
of an existing dwelling or a residential district boundary.
(2)
All buildings, parking, loading and unloading areas shall be
set back a minimum of 150 feet from the lot line of an existing dwelling
or a residential district boundary.
(3)
The applicant shall prove that the standards of Part 5 will
be met, including noise, lighting and dust.
(4)
Minimum lot area: 30 acres.
KK.
Picnic Grove, Commercial.
(1)
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 150 feet from an existing dwelling on another
lot. All parking areas shall be set back a minimum of 75 feet from
any residential lot line. The use shall not operate between the hours
of 11:00 p.m. and 7:00 a.m.
(2)
See noise and glare standards in Part 5.
(3)
Minimum lot area: five acres.
LL.
Place of Worship.
(1)
Minimum lot area: two acres in a residential district, unless
a larger lot area is required by the applicable zoning district. In
any other district, a place of worship shall meet the minimum lot
area provided in Part 3 for that district.
(2)
Weekly religious education rooms and meeting rooms are permitted accessory uses provided they are incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met. See § 27-305. Buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
(3)
A maximum of one dwelling unit may be accessory to a place of
worship on the same lot, to house employees of the place of worship
and/or an employee and his/her family. Such dwelling shall meet the
maximum number of unrelated persons in the definition of a "family."
No other residential use shall be allowed.
(4)
If within a residential district, any new place of worship shall
be adjacent to an existing collector or arterial street that is in
public ownership.
(5)
Minimum building setback from a lot line of an existing dwelling
in a residential district: 60 feet.
(6)
Minimum parking setback from a lot line of an existing dwelling
in a residential district: 20 feet.
MM.
Recreation, Outdoor.
(1)
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 150 feet from an existing dwelling on another
lot. All parking areas shall be set back a minimum of 75 feet from
any residential lot line.
(2)
This term shall not include "publicly-owned recreation," a "golf
course," or a "motor vehicle racetrack."
(4)
Lighting, noise and glare control: see Part 5.
(5)
In a residential district, the minimum lot area shall be 2.5
acres, unless a more restrictive lot area is established by another
section of this chapter.
(6)
Maximum impervious coverage in any residential district: 20%.
(7)
Maximum building coverage in any residential district: 15%.
(8)
A site plan meeting the requirements of Part 1 shall be submitted
to the Township.
(9)
Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot wide buffer yard in accordance with § 27-803 shall be required.
(10)
Hours of Operation. In a residential district, active recreation
facilities shall be conducted only between the hours of 6:00 a.m.
and 10:00 p.m., unless differing hours are established as a condition
of any needed Zoning Hearing Board or Board of Supervisors approval.
(11)
Any restaurant open to the public, tavern, firearms target range,
camp, campground, or commercial picnic ground use shall only be allowed
if those uses are permitted in the applicable district and if all
requirements for each such use(s) are also met.
NN.
Recycling Collection Center.
(1)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(2)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(3)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(4)
A twenty-foot wide buffer yard with screening as described in § 27-803 shall be provided between this use and any abutting "residential lot line."
(5)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Township-owned
use, subject to the limitations of this section.
(6)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum, and glass. No garbage shall be stored as part of the use,
except for that generated on-site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(7)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning, and closely
similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard.
(8)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(9)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
OO.
Residential Conversions. See "conversions of an existing building"
within this section.
QQ.
School, Public or Private, Primary or Secondary.
(1)
Minimum lot area: two acres in a residential district. In any
other district, the use shall meet the standard minimum lot area requirement
for that district.
(2)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 50 feet of a residential lot
line.
(3)
The use shall not include a dormitory unless specifically permitted
in the district.
RR.
Self-Storage Development.
(1)
All storage units shall be of fire-resistant construction.
(2)
Outdoor storage shall be limited to recreational vehicles, boats,
and trailers. No "junk vehicles" shall be stored within view of a
public street or a dwelling.
(3)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(4)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(5)
The use shall not include a commercial auto repair garage unless
that use is permitted in the district and the use meets those requirements.
(6)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(8)
Minimum separation between buildings: 20 feet. Maximum length
of any building: 300 feet.
SS.
Solid Waste Transfer Facility, Solid Waste Landfill, or Solid Waste-to-Energy
Facility.
(1)
All solid waste storage, disposal, incineration or processing
shall be at least 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water filled quarry), or wetland of more than
1/2 acre in area.
(2)
All solid waste storage, disposal, incineration or processing
shall be a minimum of 500 feet from any residential district, perennial
creek, publicly-owned park or any existing dwelling that the applicant
does not have an agreement to purchase.
(3)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles.
(4)
No burning or incineration shall occur, except within an approved
waste to energy facility.
(5)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Township. Violations
of this condition shall also be considered to be violations of this
chapter.
(6)
Open dumps and open burning of refuse are prohibited.
(7)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash hauling trucks through or alongside existing residential or
residentially zoned areas and especially considering the width and
slopes of streets in the Township.
(8)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use would not routinely create noxious odors
off of the tract.
(9)
A chainlink or other approved fence with a minimum height of
eight feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children, unless the applicant
proves to the satisfaction of the Zoning Hearing Board that this is
unnecessary. The Board shall require earth berms, evergreen screening,
and/or shade trees as needed shall be used to prevent landfill operations
from being visible from an expressway or arterial streets or dwellings.
(10)
A minimum lot area of 15 acres shall be required for the first
250 tons per day of capacity to treat or dispose of waste, plus one
acre for each additional 100 tons per day of capacity. A solid waste
facility shall have a maximum total capacity of 500 tons per day.
(11)
Health Hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(12)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(13)
Gates. Secure gates, fences, earth mounds, and/or dense vegetation
shall prevent unauthorized access.
(14)
Emergency Access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(15)
Under authority granted to the Township under Act 101 of 1988,
the hours of operation shall be limited to between 7:00 a.m. and 9:00
p.m.
(17)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks.
(18)
Dangerous Materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
Infectious materials are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(19)
The applicant shall provide sufficient information for the Township
to determine that the requirements of this chapter will be met.
(20)
State Requirements. Nothing in this chapter is intended to supersede
any state requirements. It is the intent of this chapter that when
similar issues are regulated on both the Township and state levels,
that the stricter requirement shall apply for each aspect, unless
it is determined that an individual state regulation preempts Township
regulation in a particular aspect. The applicant shall provide the
Zoning Officer with a copy of all written materials and plans that
are submitted to PA DEP at the same time as they are submitted to
DEP.
(21)
For a solid-waste-to-energy facility or solid waste transfer
facility, all loading and unloading of solid waste shall only occur
within an enclosed building, and over an impervious surface drains
to a holding tank that is then adequately treated. All solid waste
processing and storage shall occur within enclosed buildings or enclosed
containers.
TT.
Stable, Nonhousehold. (Includes riding academies; See also "keeping of pets" in § 27-403).
(1)
Minimum lot area: two acres for the first horse or similar animal,
plus one acre for each additional horse or similar animal.
(2)
Any horse barn, manure storage areas, or stable shall be a minimum
of 100 feet from any lot line of an adjacent dwelling.
(3)
Manure shall be regularly collected and disposed of in a sanitary
manner that avoids nuisances to neighbors. Manure shall be stored
in a manner that prevents it from being carried off by runoff into
a creek. Manure shall not be stored within 100 feet of a perennial
waterway.
UU.
Swimming Pool, Nonhousehold.
(1)
The water surface shall be set back at least 50 feet from any
existing dwelling on another lot.
(2)
Minimum lot area: one acre.
(3)
Any water surface within 100 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting § 27-803.
(4)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(5)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not flood other property.
VV.
Target Range.
(1)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness to adequately protect
the public safety.
(2)
The design of the outdoor firearms target range shall be compared
by the applicant with applicable published guidelines of the National
Rifle Association. The Zoning Hearing Board may consider such guidelines
to be the generally accepted standard for the safety of these facilities.
(3)
An outdoor firearms target range and any firing stations shall
be located a minimum of 250 feet from any "residential lot line,"
unless all firing would occur within a completely enclosed sound-resistant
building. Clay pigeon shooting shall be directed away from homes and
streets.
(4)
An outdoor firearms target range shall be properly posted. The
Zoning Hearing Board may require fencing as necessary.
(5)
The applicant shall provide evidence that the noise limits of
Part 5 will be met.
(6)
An indoor firearms target range shall be adequately ventilated
and/or air conditioned to allow the building to remain completely
enclosed.
(7)
A target range shall only be used for types of firearms or other
weapons for which it was specifically designed. Automatic weapons
shall not be used.
(8)
An outdoor target range shall not be used during nighttime hours.
Maximum hours and days of operation may be established as a condition
of the zoning approval.
(9)
Minimum lot area for an outdoor firearms target range: 10 acres,
unless a more restrictive provision is established by another provision
of this chapter.
WW.
Timber Harvesting.
(1)
Purposes. To promote management of forests for long-term benefits;
promote good forest stewardship; protect adjoining property owners;
minimize the potential for adverse environmental impacts; and avoid
unreasonable restrictions on forestry.
(2)
Applicability. Timber harvesting shall be permitted by right
in all zoning districts, provided it complies with the requirements
of this chapter. This section shall regulate all timber harvesting
when the total harvesting area is one acre or greater in a calendar
year.
(a)
These provisions shall not regulate the following:
1)
Cutting of up to 10% of trees with a trunk diameter of six inches
or greater (measured 3.5 feet above the ground level) on a lot in
any calendar year, provided such cutting does not involve clear cutting
but instead involves routine thinning of woods.
2)
Cutting of trees with a trunk diameter of less than six inches
(measured 3.5 feet above the ground level).
3)
Cutting of dead trees.
4)
Cutting of trees that the applicant proves to the Zoning Officer
is necessary to accommodate a Township-approved subdivision, land
development, street, driveway, building, utility or use.
(3)
Application Requirements. An application for timber harvesting
shall be made a minimum of 10 days prior to the start of work. No
forestry shall occur until a permit has been issued by the Zoning
Officer.
(a)
The application shall include a written timbering plan, which
shall be prepared by a qualified professional. The provisions of the
plan shall be followed throughout the operation. The plan shall be
available for inspection at the harvest site at all times during the
operation.
(b)
The landowner, the applicant and the timber operator shall be
jointly and separately responsible for complying with the terms of
the timber harvesting plan and permit.
(c)
The applicant shall specify, in writing, the land on which harvesting
will occur, the expected size of the harvest area, and the anticipated
starting and completion date of the operation.
(d)
The timber harvesting plan shall include, at a minimum, the
following information:
1)
A narrative of proposed cutting practices and/or stand prescription(s)
for each stand in the proposed harvest area and the construction,
maintenance and retirement of the access system, including haul roads,
skid roads, skid trails and landings.
2)
An erosion and sedimentation control plan approved by the County
Conservation District if over one acre will be disturbed.
3)
All timbering activities shall use "best management practices"
which shall be shown on the plan.
4)
A narrative of all stream and road crossings, including required
permits from the appropriate agency.
5)
All Township and/or PennDOT highway occupancy permits, if applicable.
6)
An application shall be submitted to the Township, with a map
showing waterways, drainageways, approximate wetlands, lakes, roads,
lot lines, and proposed harvest areas.
(4)
Timber Harvesting Practices.
(a)
Timber harvesting is prohibited within 100 feet of the top of
the bank on each side of all perennial waterways, except this distance
may be reduced to 50 feet if all of the following conditions are met:
1)
The basal area of trees in that area within the one-hundred-foot
setback shall not be reduced below 50% of the basal area present before
cutting.
2)
Trees to be cut within the one-hundred-foot zone described shall
be marked with paint or ribbons prior to the start of timber harvesting.
3)
All earthmoving within this area shall be minimized or fully
avoided.
(b)
No tops or slash shall be left within a stream channel or floodway.
Unless fully delineated, a floodway shall be assumed to be all that
area within 50 feet from the center of a waterway.
XX.
Townhouses and Apartments.
(1)
Maximum length and width of an attached grouping of townhouses-180
feet. Maximum number of apartments that shall be within a building-12,
except no maximum shall apply in a building in which all units are
permanently age restricted to at least one resident age 55 and older
or persons with physical disabilities.
(2)
Paved Area Setback. All off-street parking spaces, except spaces
on driveways immediately in front of a carport or garage entrance,
shall be set back a minimum of 10 feet from any dwelling.
(3)
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
(4)
Mailboxes. Any mailboxes provided within the street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
(5)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial or collector street.
(6)
Common Open Space. If a lot includes more than two acres, then
a minimum of 20% of the total lot area of the development involving
townhouses and apartments and their accessory uses shall be set aside
as common open space for the residents. The applicant shall prove
that these areas will be suitable for active or passive recreation.
(a)
If a development includes over 30 dwelling units that will not
be restricted to at least one resident age 55 and older, then the
common open space shall at a minimum include a rectangular grass field
50 feet by 150 feet that is suitable for free play by young persons.
If all dwellings in a development will be restricted to at least one
resident age 55 and older, then the common open space shall at a minimum
include landscaped trails that are ADA accessible.
(b)
A recreation building or pool available to all residents of
the development may count towards the open space requirement. Areas
with a width of less than 50 feet shall not count towards this requirement.
This requirement shall be in place of any requirement for recreation
land or fees under the Subdivision and Land Development Ordinance
[Chapter 22].
YY.
Treatment Center.
(2)
The applicant shall provide a written description of all conditions
(such as criminal parolees, alcohol addiction) that will cause persons
to occupy the use during the life the permit. Any future additions
to this list shall require an additional special exception approval.
(3)
The applicant shall prove to the satisfaction of the Board of
Supervisors that the use will involve adequate on-site supervision
and security measures to protect public safety.
(4)
The Zoning Hearing Board may place conditions upon the use to
protect public safety, such as conditions on the types of residents
and security measures.
(5)
If the use involves five or more residents, a suitable recreation
area shall be provided that is supervised by the center's staff.
ZZ.
Trucking Company Terminal.
(1)
As a condition of conditional use approval, the Zoning Hearing
Board may require additional earth berming, setbacks, landscaping
and lighting controls as they determine to be necessary to provide
compatibility with adjacent dwellings. These measures shall be designed
to minimum glare, noise, soot, dust, air pollutants and other nuisances
upon dwellings.
AAA.
Veterinarian Office. (Includes animal hospital).
(1)
Minimum lot area: one acre.
(2)
Any structure in which animals are treated or housed shall be
a minimum of 30 feet from any lot line of an existing dwelling. Buildings
shall be adequately soundproofed so that sounds generated within the
buildings cannot routinely be perceived within any adjacent dwellings.
(3)
Animals undergoing treatment may be kept as an accessory use.
However, a commercial kennel shall only be allowed if a kennel is
permitted in that district and if the applicable requirements are
met.
[Ord. 125, 7/18/2007, § 403]
1.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted by right, special exception
or conditional use are permitted by right, except as is provided for
in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
2.
Accessory Setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this Part for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
3.
Front Yard Setback. No accessory structure, use or building shall
be permitted in a required front yard in any district, unless specifically
permitted by this chapter.
4.
Special Standards. Each accessory use shall comply with all of the
following standards listed for that use:
B.
Bees, Keeping of.
(1)
The applicant shall maintain the bees in a manner that does
not create a public nuisance for persons outside of the lot lines.
(2)
Hives shall be located a minimum of 100 feet from any lot line,
except this setback shall be reduced to 50 feet if a six-foot minimum
height fence or solid hedge is located along the adjoining lot line
for a distance of at least 100 feet from the hives.
C.
Bus Shelter.
(1)
Bus shelters shall only be allowed at a stop of a regularly scheduled public bus route. See "accessory uses" in § 27-306 for the allowed zoning districts.
(2)
The location of any bus shelter shall be subject to approval
by the Board of Supervisors.
(3)
If the bus shelter will be located within the right-of-way,
approval shall be obtained from the Board of Supervisors or PennDOT,
as applicable. If the bus shelter will be located outside of the right-of-way,
the owner of the land shall provide written permission.
(4)
A bus shelter shall be constructed primarily using clear shatter-resistant
materials.
(5)
A bus shelter may include two sign images, each with a maximum
sign area of 35 square feet.
(6)
A written agreement shall establish the party that will be responsible
for maintaining the shelter.
(7)
A bus shelter shall not obstruct a clear sight triangle.
(8)
The Zoning Officer shall require the removal of a bus shelter
within 60 days if the Zoning Officer becomes aware that the shelter
is not being properly maintained or if it is no longer served by a
public bus route.
D.
Composting as a Principal or Accessory Use. (Other than raising of
mushrooms).
(1)
All composting shall be conducted in such a manner that does
not create a fire, rodent or disease-carrying insect hazard and does
not cause noxious odors off of the subject property.
(2)
Composting shall be permitted as an accessory use, provided
that the composting is limited to biodegradable vegetative material,
including trees, shrubs, leaves, bark and vegetable waste. Such composting
shall be kept free of other garbage and animal fats.
(3)
Minimum lot area for composting of manure that was not generated
on-site-25 acres. Any composting of manure shall comply with the latest
edition of the Pennsylvania Manure Management Manual.
(4)
Setbacks. Composting areas of greater than one acres shall be
set back 75 feet from lot lines of abutting residential lot lines,
except that a 200 feet minimum setback shall apply from all lot lines
for composting of manure that was not generated on-site.
E.
Day Care, Child, as Accessory to a Dwelling.
(2)
In any case, seven or more children (other than children who
are "related" to the primary caregiver) shall only be cared for at
one time within a single-family detached dwelling with a minimum lot
area of 10,000 square feet and a fifteen-foot minimum setback from
all existing dwellings on another lot(s). Four to six children (in
addition to children who are "related" to the primary caregiver) shall
only be cared for at one time within a dwelling that is not attached
to another dwelling. The care of fewer numbers of children may occur
within any lawful dwelling unit.
(3)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(4)
The use shall be actively operated by a permanent resident of
the dwelling.
(5)
If four or more children are cared for who are not related to
the primary caregiver, then a minimum of 400 square feet of exterior
play area shall be available, surrounded by a six-foot high secure
fence.
(7)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
(or its successor agency) registration certificate or license if required
by such agency.
(8)
The use shall include a secure fence around any outdoor areas
abutting streets that are routinely used for outdoor play.
F.
Drive-Through Facilities.
(1)
The proposed traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets.
(2)
On-lot traffic circulation and parking areas shall be clearly
marked.
(3)
A drive-through use shall be designed with space for an adequate
number of waiting vehicles while avoiding conflicts with traffic onto,
around and off of the site. Any drive-through facilities shall be
designed to minimize conflicts with pedestrian traffic.
G.
Farm-Related Business. This use may be approved on an lawful existing
lot with a minimum lot area of 25 acres that include a principal agricultural
use.
(1)
A farm-related business shall be defined as a low-intensity
commercial or industrial activity that functions as a customary accessory
use to an on-site principal agricultural use. Farm-related businesses
are intended to provide supplemental income to farmers to encourage
the continuation of farming, and to provide needed services to other
farmers.
(2)
A farm-related business shall be conducted by a resident or
owner of the property, his/her "relatives," and a maximum total of
four other employees working on-site at one time, in addition to employees
of the agricultural use. In addition, a barn that was constructed
for agricultural purposes prior to the adoption of this section may
be leased to a nonresident for a use meeting these standards.
(3)
To the maximum extent feasible, a farm-related business should
use an existing building. Buildings that existed prior to the effective
date of this section may be used for a farm-related business. Any
new building constructed for a farm-related business and any new parking
area for trucks shall be set back a minimum of 100 feet from any lot
line of an existing dwelling, unless a larger setback is required
by another section of this chapter. The total of all building floor
areas used for a farm-related business shall not exceed 6,000 square
feet. This 6,000 square foot limit shall only apply to buildings constructed
after the effective date of this chapter. A farm-related business
may also use buildings of any size that existed prior to the effective
date of this chapter. The total area used by the farm-related business,
including parking, shall not exceed three acres.
(4)
The farm-related business shall not routinely require the overnight
parking of more than two tractor-trailer trucks, other than trucks
serving the agricultural use.
(5)
Any manufacturing operations shall be of a custom nature and
shall be conducted indoors.
(6)
The business shall not generate noxious odors, noise, or glare
beyond amounts that are typically generated by agricultural operations.
Nonagricultural operations shall not routinely occur in a manner that
generates traffic or noise heard by neighbors between the hours of
9:00 p.m. and 7:00 a.m.
(7)
Any retail sales shall only be occasional in nature, and shall
occur by appointment or during a maximum of 20 hours per week (except
customary retail sales as part of a barber/beauty shop). This provision
shall not restrict permitted sale of agricultural products.
(8)
Only one sign shall advertise a farm-related business, which
shall have a maximum sign area of 10 square feet on each of two sides,
and which shall not be internally illuminated, and which shall have
a maximum height of six feet.
(9)
The following activities, and activities that the applicant
proves to the Zoning Hearing Board are closely similar, shall be permitted
as farm-related businesses:
(a)
Farm equipment or farm vehicle repair.
(b)
Occasional repair of one motor vehicle at a time, beyond those
vehicles owned or leased by a resident of the property or his/her
relative, but not including a junkyard, auto body shop or spray painting.
(c)
Welding and custom machining of parts.
(d)
Sale, processing, or mixing of seeds, feed, chemical fertilizers,
or wood/leaves/bark compost.
(e)
Barber/beauty shops.
(f)
Construction tradesperson's headquarters.
(g)
Music, hobby, trade or art instruction for up to 10 persons
at a time.
(h)
Small engine repair.
(i)
Custom woodworking or wood refinishing.
(j)
Custom blacksmithing or sharpening services.
(k)
Rental storage of household items, vehicles, boats and building
materials.
(l)
Boarding of animals, not including a kennel or a stable (which
are separate uses).
(m)
Custom butchering, not including a commercial slaughterhouse
or stockyard.
(n)
Processing and storage of agricultural products.
(o)
Sawmill.
(p)
Commercial farm tourism and special events, such as farm tours
and Halloween activities.
|
See also "stable, nonhousehold" and "retail sales of agricultural
products," which are treated as separate uses.
|
(10)
This subsection shall not regulate agricultural uses that are
permitted under other provisions of this chapter.
(11)
If an activity would be permitted as either a farm-related business
or a home occupation, then the applicant may choose which set of provisions
shall apply.
(12)
One off-street parking space shall be provided per nonresident
employee, plus parking for any dwelling. In addition, the applicant
shall prove to the Zoning Officer that sufficient parking will be
available for customers, which is not required to be paved.
(13)
All existing and new buildings shall maintain a residential
or agricultural appearance, as viewed from a public street.
(14)
The use shall not involve the storage or use of highly hazardous,
toxic, radioactive, flammable or explosive substances, other than
types typically used in agriculture or a household.
(15)
Landscaping shall be placed between any outdoor storage of nonagricultural
materials or products and any adjacent dwelling from which storage
would be visible.
(16)
The lot shall have provisions for trucks to turn around on the
site without backing onto a public street. When special exception
approval is required, the Zoning Hearing Board shall consider the
suitability of the adjacent roads for the amount and weights of truck
traffic that will be generated.
H.
Fences and Walls.
(1)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed. A fence shall
not be required to comply with minimum setbacks for accessory structures.
(2)
No fence, wall or hedge shall obstruct the sight distance requirements
of the Township.
(3)
Fences.
(a)
Front Yard. Any fence located in the required minimum front
yard of a lot in a residential district shall:
1)
Be an open-type of fence (such as picket, wrought iron, vinyl
post, chain link or split rail) with a minimum ratio of 1:1 of open
to structural areas.
2)
Not exceed four feet in height. A taller height may be approved
by the Zoning Officer if necessary to contain animals or to address
a specific hazard, such as an electric transformer.
(b)
On a corner lot, a fence or wall shall meet the same requirements
along both streets as would apply within a minimum front yard. However,
a fence that only extends behind the rear of a dwelling may have a
maximum height of 6.5 feet along one of the streets, other than the
street that is along the front of the dwelling.
(c)
Height.
1)
A fence located in a residential district in a location other
than a required front yard shall have a maximum height of 6.5 feet,
except a maximum of height of 10 feet shall be allowed around a tennis
court (provided it is outside of the minimum front yard) and a taller
height may be allowed where the applicant proves to the Zoning Officer
that such taller height is necessary to protect public safety around
a specific hazard.
2)
A fence in the minimum front yard that is not within a residential
district shall have a maximum height of four feet.
(d)
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line, except that a fence shall be located on the inside of any buffer plantings required by § 27-803 and except that a five-foot minimum setback shall apply for a fence of a principal business that is more than six feet in height and that is adjacent to a principal dwelling. Where no setback is required, a one foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.
(e)
Fence Materials. Barbed wire shall not be used as part of fences
around dwellings in residential districts. Electrically charged fences
shall only be used to contain farm animals, and shall be of such low
intensity that they will not permanently injure humans. No fence or
wall shall be constructed out of fabric, junk, junk vehicles, appliances,
drums, or barrels.
(4)
Walls.
(a)
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section,
and are permitted by right as needed in all districts. However, if
a retaining wall is over eight feet in height, it shall be set back
a minimum of 15 feet from a lot line of an existing dwelling.
(b)
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 27-704.
(c)
A wall in a residential district outside of a required front
yard shall have a maximum height of three feet if it is within the
minimum accessory structure setback.
(d)
Walls that are attached to a building shall be regulated as
a part of that building.
I.
Garage Sale. (Includes yard sale, moving sale and porch sale).
(1)
See definition in Part 2. A garage sale shall not include wholesale
sales, nor sale of new merchandise of a type typically found in retail
stores.
(2)
Each dwelling may have garage sales on a maximum of six total
days per calendar year, with no sale lasting more than two days.
(3)
The use shall be clearly accessory to the principal use.
(4)
No outdoor storage shall be permitted when the sale is not in
operation.
(5)
No toxic or alcoholic beverages shall be offered for sale at
a garage sale.
(6)
Garage sale signs shall have a maximum sign area of two square
feet, shall not be placed more than three days before the sale, and
shall be removed within 24 hours after the conclusion of the garage
sale.
J.
Home Occupations.
(1)
All home occupations shall meet the following requirements:
(a)
The use shall be conducted primarily by a permanent resident
of the dwelling, and involve a maximum of one person working on-site
at any one time who does not reside within the dwelling. A maximum
of one nonresident employee shall visit the property on a daily basis
or operate a vehicle based at the property.
(b)
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
(c)
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
(d)
One off-street parking space shall be required per nonresident
employee. In addition, for a major home occupation, the Zoning Hearing
Board shall require additional off-street parking if the Board determines
it is necessary for customer parking.
(e)
The use shall not require delivery by tractor-trailer trucks.
(f)
The regulations of Subsection 4N(4) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
(g)
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable, or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of "toxic" or "highly hazardous"
substances.
(h)
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
(i)
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
(j)
A barber or beauty shop shall not include any nonresident employees.
(k)
The main office of a medical doctor, chiropractor or dentist
shall not be permitted as a home occupation.
(l)
A home occupation may include a single one square foot nonilluminated
sign, as permitted by Part 7. The sign shall have a maximum height
above the ground of six feet and may be attached to a building or
a pole. The sign shall not be allowed within the street right-of-way.
(m)
The Zoning Hearing Board shall deny a major home occupation
application, or limit its intensity through conditions, if the Board
determines the use would be too intense for the proposed location.
In making such determination, the Board shall review the likely amounts
of traffic, the types of deliveries needed, the types of operations
involved and related nuisances, the amount of off-street and on-street
parking that is available, the density of the neighborhood, whether
the use would be adjacent to another dwelling, and setbacks from other
dwellings.
(n)
The use shall not involve manufacturing, other than of custom
crafts and sewing. The use shall not involve commercial repair of
motor vehicles.
(o)
The use may include sales using telephone, mail order, or electronic
methods. On-site retail sales shall be prohibited, except for sales
of hair care products as accessory to a barber/beauty shop.
(p)
If more than one home occupation is accessory to a dwelling,
the total aggregate impact of the home occupations shall be considered
in determining compliance with this chapter.
(q)
A zoning permit shall be required for a major home occupation.
(2)
In addition to the requirements listed in Subsection 4J(1) above, the following additional requirements shall apply to a "minor home occupation:"
(a)
The use shall not routinely involve routine visits to the home
occupation by customers or more than one nonresident employee at a
time.
(b)
The use shall only involve the following activities:
1)
Work routinely conducted within an office.
2)
Custom sewing and fabric and basket crafts.
3)
Cooking and baking for off-site sales and use.
4)
Creation of visual arts (such as painting or wood carving).
5)
Repairs to and assembly of computers and computer peripherals.
6)
A construction tradesperson, provided that no nonresident employees
routinely operate from the lot.
K.
Outdoor Storage and Display. Commercial or Industrial as a Principal
or Accessory Use.
(1)
Location. Outdoor storage or display shall not occupy any part
of any of the following: the existing or future street right-of-way,
sidewalk, or other area intended or designed for pedestrian use or
required parking area.
(2)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the one-hundred-year floodplain.
(4)
Tire Storage.
(a)
For tires not mounted on a motor vehicle, any outdoor storage
of more than five tires on a lot in a residential district or more
than 50 used tires in a nonresidential district shall only be permitted
as part of a Township-approved junkyard.
(b)
The outdoor storage of more than 50 used tires shall be limited
to the General Industrial District.
(c)
Where allowed, any storage of used tires shall involve stacks
with a maximum height of 15 feet, and that cover a maximum of 400
square feet. Each stack shall be separated from other stacks from
all lot lines by a minimum of 75 feet. If the same set of tires is
stored on a lot for more than six months, they shall be stored within
a building or trailer.
(d)
The operator of a lot involving tire storage shall prove that
the tires are stored in a manner that minimizes public health hazards
from the breeding of vectors in accumulated water and/or that the
site is regularly sprayed to minimize vectors.
L.
Pets, Keeping of.
(1)
This is a permitted by right accessory use in all districts.
(2)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard or a public safety hazard.
The owner of the animals shall be responsible for collecting and properly
disposing of all fecal matter from pets. No dangerous animals shall
be kept outdoors in a residential district, except within a secure,
completely enclosed cage or fenced area of sufficient height or on
a leash under full control of the owner.
(4)
Pigeons, chickens, roosters, ducks, geese and/or similar fowl
shall not be kept on a lot of less than one acre. However, if the
total weight of such fowl exceeds 500 pounds, then the requirements
shall be met for "raising of livestock or poultry."
(5)
Any keeping of pets shall only be permitted provided it does
not create unsanitary conditions or noxious odors for neighbors.
(6)
Horses. Minimum lot area: two acres for first horse or similar
animal, plus one acre for each horse or similar animal in excess of
one. A maximum of 10 horses or similar animals shall be kept, unless
the use is approved as a "nonhousehold stable." Any horse barn, manure
storage areas or stable shall be a minimum of 75 feet from any "residential
lot line."
(7)
See the definition of "pets" in § 27-202. Only those pets that are domesticated and are compatible with a residential character shall be permitted as "keeping of pets." Examples of permitted pets include dogs, cats, rabbits, fish, gerbils and lizards.
(a)
The following and similar animals shall only be allowed to be
kept as pets if the Zoning Hearing Board approves a particular number
and type of species as a special exception after the applicant proves
they will not cause nuisances or hazards: bears, wolves, wolf-dog
hybrids, venomous snakes that could be toxic to humans, monkeys, apes,
constrictor snakes that could be dangerous to humans, or any "exotic
wildlife" as defined by the Pennsylvania Game and Wildlife Code, 34
Pa.C.S.A. § 101 et seq. Exotic wildlife shall also require
an exotic wildlife possession permit from the state.
(8)
The keeping of cows, sheep, goats, and hogs shall require a
minimum lot area of five acres.
M.
Recreational Vehicle Parking. See under residential accessory structure
or use in this section.
N.
Residential Accessory Structure or Use. (see definition in Part 2).
(1)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 27-307, Subsection 1, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 27-307.
(4)
Parking of Commercial Trucks. The overnight outdoor parking
of commercial trucks or the trailer from a tractor-trailer combination
on a principal residential lot in a residential district is prohibited,
except that one of the following shall be permitted if such vehicle(s)
is used by residents of the dwelling to travel to and from work:
(a)
The parking of a maximum of one vehicle of up to 13,000 pounds
aggregate gross vehicle weight.
(b)
The parking of one vehicle with an aggregate gross vehicle weight of over 13,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 100 feet from any dwelling on another lot and provided a row of evergreen trees meeting § 27-803 is planted to buffer views of the vehicle from the street and dwellings on other lots.
(c)
Construction equipment that is not primarily intended for on-road
use shall not be stored overnight in a residential district. A vehicle
shall not block a shared driveway or street.
(5)
Repairs. Repairs of a truck with an aggregate gross vehicle
weight of over 13,000 pounds aggregate gross vehicle weight shall
not occur on a residential lot. Repairs of motor vehicles that are
not owned or leased by a resident of the lot or his/her "relative"
shall not occur on a residential lot.
(7)
See also the definition of "junkyard."
(8)
Recreational Vehicles or Boats. A recreational vehicle or boat
with a length of 24 feet or greater shall not be parked in the front
yard of a dwelling during more than two days in any seven-day period.
O.
Retail Sales of Agricultural Products as an Accessory Use.
(1)
The use shall be an accessory use incidental to a crop farming,
greenhouse, plant nursery, orchard, winery or raising of livestock
use.
(2)
The only retail sales shall be of agricultural products and
horticultural products, in addition to any hand-made crafts produced
by the operator of the market and/or his/her family. An average of
not less than 50% of the products sold on-site shall have been produced
by the operator or his/her family. This percentage may vary month
to month, provided that the average is met.
(3)
Off-street parking shall be provided in compliance with the
provisions of Part 6. No parking shall be permitted in such a way
that it creates a safety hazard.
(4)
Any structure erected for this use that are not clearly permanent
in nature shall be disassembled during seasons when products are not
offered for sale.
(5)
Signs. See Part 7.
(6)
No stand shall be located closer than: 50 feet from a lot line
of an existing dwelling, 25 feet from any other lot line or 100 feet
from the closest intersecting point of street rights-of-ways at a
street intersection, unless the sales occur within a dwelling or barn
that existed prior to the adoption of this chapter.
(7)
A maximum total of 5,000 square feet of building floor area
shall be used for such use.
(8)
The use may occur within an existing dwelling, a barn or a separate
stand. Any stand shall be maintained in good condition.
(9)
The retail sales shall be located on land owned by the operator
of the market or upon a tract of five acres or more which the operator
of the market actively farms.
(10)
The applicant shall prove to the Zoning Officer that the driveway
has adequate sight distance, based upon the PennDOT standards that
would apply to a normal commercial establishment along a state road,
regardless of whether a PennDOT permit would be needed.
P.
Sewage Sludge/Biosolids, Land Application of.
(1)
The applicant shall prove written evidence to the Township that
sufficient safeguards will be in place to protect the public health
and safety and the water quality of groundwater and surface waters.
This should include, but not be limited to, provisions for regular
testing of the material that is spread and for ongoing water quality
monitoring.
(2)
A copy of all test results of the material that is spread and
any test results of water quality shall be provided to the Zoning
Officer within seven days after they are received by the operator
of the use or the landowner.
Q.
Stable, Household. See "pets, keeping of" in this section.
R.
Swimming Pool, Household. (Referred hereafter as "pool.")
(1)
See the requirements of the Construction Code [Chapter 5] regarding fencing of pools. In the event such Construction Code [Chapter 5] does not result in a fence being required, then this chapter provision shall apply. Every swimming pool containing 24 inches or more of water depth shall include a fence, wall, above-ground pool walls or similar enclosure surrounding the pool. Such enclosure shall extend not less than four feet above the ground. All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground.
(2)
A swimming pool shall not be located in a minimum front yard.
The water surface and any raised decking of a swimming pool shall
be set back a minimum of 10 feet from side and rear lot lines.
S.
Unit for Care of Relative.
(2)
The accessory unit shall be occupied by a maximum of two persons,
who shall be "relatives" of the permanent residents of the principal
dwelling unit. At least one resident of the accessory unit shall need
such accommodations because of an illness, old age or disability.
(3)
The applicant shall prove to the Zoning Officer that the accessory
unit has been designed and constructed so that it can be easily reconverted
into part of the principal dwelling unit or is a modular cottage that
will be completely removed from the lot after the relative no longer
resides within the unit. Such accessory unit may be converted into
an additional bedroom(s), permitted home occupation area or similar
use. A lawful detached garage may be converted into a unit for care
of relative, and then be reconverted to a garage or permitted home
occupation area.
(4)
The applicant shall establish a legally binding mechanism in
a form acceptable to the Township that will prohibit the use of the
accessory unit as a separate dwelling unit after the relative no longer
resides within the unit. Such mechanism shall also be binding upon
future owners.
(5)
The owner of the property shall be required to annually renew
the permit for the use. Such renewal shall be conditioned upon the
owner proving that a relative of the occupants of the principal dwelling
unit continues to reside within the accessory unit.
(6)
Such accessory unit shall not decrease the one-family residential
appearance of a one-family dwelling, as viewed from exterior property
lines. The accessory unit shall be attached to the principal dwelling
unit, except a detached dwelling may be specifically approved by the
Zoning Hearing Board as a special exception. If a detached modular
dwelling is placed on the property, it shall be completely removed
within 90 days after the relative no longer lives within it. A detached
dwelling shall only be placed on the lot if it will meet principal
building setbacks and has a maximum building floor area of 900 square
feet.
(7)
Additional parking for the accessory unit is not required if
the applicant proves that the resident(s) of the accessory unit will
not routinely operate a vehicle.
(8)
Any on-lot septic system shall be re-certified if the sewage
flows will increase.
(9)
Such unit is not required to meet the minimum floor area for
a dwelling unit.
