The following regulations specify conditions under which special exceptions shall be granted upon application to the Zoning Hearing Board. These conditions shall apply in addition to regular district regulations and all appropriate provisions of § 1005.3.
A single-family detached dwelling existing on March 14, 1978, may be converted into, and used as, a two-family dwelling, in those zoning districts where permitted by Article 300 or 400 of this ordinance, when authorized as a special exception in accordance with the following standards and criteria:
A. 
Drawings for the conversion of said dwelling shall be submitted to the Zoning Hearing Board, accompanied by certificates of approval from any governmental agencies or other entities having jurisdiction, where two families are to be housed above the ground floor.
B. 
Such drawings shall provide adequate and suitable parking space at a safe distance from the public highway. There shall be at least three parking spaces per dwelling unit.
C. 
Such dwelling shall be subject to the height, area, width and yard regulations effective in the district wherein such dwelling is situated except that there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations and the number of families for the use for which such dwelling is to be converted.
D. 
There shall be no external alteration of the building except as may be necessary for reasons of safety, and fire escapes and outside stairways shall, where practicable, be located in the rear of the building.
E. 
No dwelling unit shall have less than 800 square feet of floor area.
F. 
The Zoning Hearing Board may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, as the Board may consider appropriate.
G. 
If such single-family detached dwelling is served by an individual on-lot sewage system, the applicant shall present evidence that such sewage system has been designed so that it has a capacity to properly treat and dispose of the sewage to be generated by the additional dwelling unit and that it has been properly maintained, unless the system shall be suitably expanded and/or repaired. Any connections to and/or expansion of and/or repair of the individual on-lot sewage disposal system shall be reviewed by the Township Sewage Enforcement Officer. The applicant shall present evidence of such review and all necessary approvals.
The conversion of a residential dwelling in any district into a permitted nonresidential use is permitted subject to the following regulations.
A. 
The proposed use shall comply with the yard, area, off-street parking, and other requirements of the applicable district.
B. 
No existing yards or required open space shall be reduced to less than the requirements of the applicable district governing a permitted use.
C. 
No living accommodation or sleeping quarters shall be authorized except such as accessory use as is permitted in the applicable district.
D. 
The off-street parking and sign regulations of this ordinance shall apply.
E. 
All other supplemental regulations of this ordinance applicable to the proposed use shall apply.
A. 
For purposes of this ordinance, steep slopes shall include land with a grade of 20% or greater as may be determined by a survey of a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
B. 
A residential building or portion thereof may be constructed on a slope whose grade exceeds 20% if the building is constructed in such a manner which does not disturb the existing grade and natural soil conditions. A statement prepared by a registered architect, landscape architect or engineer with an explanation of the building methods to be used in overcoming foundation and other structural problems shall be submitted to the Zoning Officer. Such statement shall include an explanation of the manner by which the natural watershed will be maintained and soil erosion prevented.
A. 
The placement of a mobile home in connection with a farming activity may be permitted by the Zoning Hearing Board pursuant to the application procedures for a special exception, provided that the following conditions are met:
1. 
The mobile home shall be an accessory use to an agricultural operation.
2. 
Not more than one mobile home shall be permitted per farm.
3. 
At least one resident of the mobile home shall be employed full-time on the same farm on which the mobile home is placed.
4. 
The mobile home shall be set back a minimum of 100 feet from any road right-of-way.
5. 
A certificate of use and occupancy as set forth in this ordinance shall be renewed annually to determine compliance with this subsection. Failure to meet such occupancy requirement shall result in the removal of the mobile home from the premises.
6. 
Each mobile home shall be provided with an approved water supply and approved sewage disposal system.
B. 
The applicant shall obtain land development approval for the placement of the mobile home in accordance with the requirements of the applicable subdivision and land development regulations prior to such placement.
Mobile home parks are permitted only in the commercial district as a special exception and are subject to the following regulations:
A. 
A permit to construct or make alterations to a mobile home park shall be issued only after a plan has been filed with, and approved by, the Zoning Hearing Board. The Board shall require that the surrounding area be satisfactorily protected by planting or other suitable buffer or screening arrangements.
B. 
Each mobile home park shall contain a minimum of five acres.
C. 
When the mobile home park is served by a public sewer system, there shall be a maximum of five mobile home spaces per acre. When individual on-site subsurface sewage disposal systems are used, there shall be a maximum of two mobile home spaces per acre.
D. 
Each mobile home space shall be provided with a hard surfaced mobile home stand which has a foundation that will not heave, shift, or settle unevenly because of frost action, inadequate drainage, vibration or other forces acting on the superstructure. Each mobile home stand shall be equipped with properly designed and approved water, sewer and electrical connections.
E. 
All mobile homes located in a mobile home park shall have a minimum of 800 square feet of floor space.
F. 
Each mobile home space shall be at least 50 feet wide.
G. 
There shall be a minimum of 30 feet between mobile homes and 20 feet between mobile homes and any off-street parking space.
H. 
No mobile home shall be closer to the street right-of-way line of a public street than the minimum requirements set forth in this ordinance.
I. 
All mobile homes shall be a minimum of 50 feet from the mobile home park boundary line.
J. 
All roads in the park shall be private driveways, shall be lighted and shall be paved with a bituminous or concrete surface at least 24 feet wide. The construction shall be according to the specifications applicable to standard Township streets.
K. 
Each mobile home space shall abut on a park driveway with access to such driveway. Access to all mobile home spaces shall be from the driveways and not from public streets or highways.
L. 
Each mobile home space shall contain no more than one mobile home, nor more than one family.
M. 
Service and accessory buildings located in a mobile home park shall be used only by the occupants and guests of the mobile home park.
N. 
Each mobile home park shall have a structure clearly identified as the office of the mobile home park manager. A copy of the park permit and of this ordinance shall be posted therein and park register shall at all times be kept in said office.
O. 
Each mobile home space shall be provided with a minimum of two paved parking spaces on bituminous or concrete surface. Each space shall be accessible without having to cross over the other space.
A. 
No multiple-family or single-family attached dwelling may contain a home occupation.
B. 
The practice of an occupation shall be permitted, provided that practitioner is a resident of the dwelling unit.
C. 
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
D. 
Three off-street parking spaces in addition to those required of residence units shall be required.
E. 
No person not residing in such dwelling unit shall be employed by the practitioner of the occupation.
F. 
The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less.
G. 
No manufacturing, repairing, or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electro-magnetic interference, or smoke shall be noticeable at or beyond the property line.
H. 
No storage of materials or products shall be permitted in open areas.
I. 
The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.
J. 
No goods are publicly displayed on the premises other than signs as provided herein.
K. 
No retail sales shall be permitted on the premises.
L. 
Except as set forth in this subsection, barber shops, beauty shops, photography studios and other professional offices, such as dentist, doctor, insurance agent, and attorney offices, shall not be permitted as home occupations. Within the Rural Agricultural District, beauty and barber shops of one chair may be permitted as a home occupation. The applicant for such a home occupation shall present a certification from the sewage enforcement officer that the on-lot sewage disposal system is sized and designed to handle the sewage flows which will be generated by this proposed use.
A. 
No adult establishment shall contain any other kind of adult establishment, i.e., an adult bookstore shall not be operated in conjunction with an adult motion picture theater.
B. 
No more than one adult establishment shall be permitted in any one building.
C. 
No adult establishment shall be located within the following distances measured in a straight line without regard to intervening structures from the closest point in any direction of the building within which the adult establishment is located to the closest point of the following:
1. 
Seven hundred fifty feet of any building within which is located another adult establishment;
2. 
Seven hundred fifty feet of any R-1 Residential District, R-2 Residential District, or R-3 Residential District; or
3. 
One thousand feet of the lot line of any lot upon which is located a school, church, child-care facility, public park or playground.
D. 
There shall be no display of sexually oriented devices, specified anatomical areas or specified sexual activities that can be seen from any exterior of the building.
E. 
No unlawful sexual activity or conduct shall be performed or permitted.
F. 
No adult establishment may change to another type of adult establishment except upon application to and approval by the Zoning Hearing Board of such change as a special exception subject to the criteria set forth herein.
Where authorized in a zoning district, bed-and-breakfasts are permitted by special exception subject to the following criteria:
A. 
A bed-and-breakfast may erect one sign which shall comply with § 708.
B. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.
C. 
The applicant shall furnish proof of any needed approvals from the Department of Labor and Industry, or its official successor review agency.
D. 
The operator of the bed-and-breakfast shall be required to keep an annual register with the name of all guests and their length of stay which shall be made available for inspection by the Zoning Officer, upon request.
E. 
One off-street parking space shall be provided for each room available for rent in addition to those required for the dwelling unit. Such off-street parking shall be set back at least 25 feet from any adjoining land within the Rural Agricultural District and/or the Rural Residential District; in other districts, such off-street parking shall be set back at least 10 feet, and screened, from adjoining properties.
F. 
The number and location of bedrooms within a bed-and-breakfast establishment shall be limited as follows:
1. 
Within the Rural Agricultural District and within the Rural Residential District, a bed-and-breakfast may contain up to five bedrooms.
2. 
Within all zoning districts other than Rural Agricultural District and the Rural Residential District, a bed-and-breakfast shall contain not more than three bedrooms.
3. 
All bedrooms within a bed-and-breakfast establishment shall be located within the single-family detached dwelling unless the applicant demonstrates that the applicant meets the requirements of Subsection F.4 below.
4. 
An applicant may locate one or more bed-and-breakfast bedrooms as an adaptive reuse of an existing accessory building that has value as an example of historic architecture within Lancaster County, including but not limited to a carriage house, barn, summer kitchen, or springhouse. The applicant shall furnish expert evidence that the accessory building is of historical value and that any proposed modifications to the external appearance of the accessory building will not alter its historical character unless such modifications are expressly required by state or other local regulations and that such alterations cannot be accomplished in a manner that is consistent with the historic character of the accessory building.
G. 
Within the R-1 Residential District, R-2 Residential District and/or the R-3 Residential District, a bed-and-breakfast shall only be permitted within a single-family detached dwelling that contains at least 3,000 square feet of habitable floor area on the effective date of this ordinance. No modifications to the external appearance of the building that would alter its residential character shall be permitted unless such modifications are required by other state and local regulations and the applicant can demonstrate that such alterations cannot be accomplished in a manner that is consistent with its residential appearance. Also, the subject property shall front on an arterial or collector road.
H. 
Within the Rural Agricultural and/or the Rural Residential Districts, a bed-and-breakfast must have a minimum lot size of three acres.
Where authorized by Article 300 of the Ordinance, ECHO housing is permitted by special exception and subject to the following criteria:
A. 
The elder cottage may not exceed 1,000 square feet.
B. 
The elder cottage shall observe all required zoning setbacks and lot coverage limitations, and only one cottage is permitted per lot as an accessory to each principal dwelling.
C. 
The elder cottage shall be occupied by either an elderly, handicapped or disabled person related to the occupants of the principal dwelling by blood, marriage or adoption.
D. 
The elder cottage shall be occupied by a maximum of two people.
E. 
The applicant shall provide information as to the means of dismantling the elder cottage or, if attached to the principal dwelling, the conversion or removal of the elder cottage when the conditions exist that it is no longer needed. The unit shall be removed within 120 days from the time of discontinuance of use.
F. 
Utility connections for ECHO housing units.
1. 
For sewage disposal, water supply and all other utilities, the elder cottage may be connected to those systems serving the principal dwelling. Separate utility connections or systems shall be constructed or used only if it is not practical to connect to the systems serving the principal dwelling. All connections shall meet the applicable utility company standards.
2. 
If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Township demonstrating the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review of the Township Sewage Enforcement Officer and follow DER guidelines and regulations.
G. 
A minimum of one all-weather off-street parking space, with ingress and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling.
[Added 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
Recreation facilities, whether proposed as a principal use or an accessory use, located in the C-2 Commercial District, shall be subject to the following regulations:
A. 
The minimum lot area of the lot containing the recreation facility shall be one acre.
B. 
The minimum landscape area shall be 40%. An outdoor recreation facility can place ball fields and similar facilities with minimal structures within required landscape area.
C. 
Outdoor play areas shall be set back at least 25 feet from all property lines. If the lot adjoins a lot containing an existing dwelling, outdoor play areas shall be set back at least 100 feet from the dwelling.
D. 
Buildings containing indoor recreation facilities shall be set back at least 25 feet from all property lines.
E. 
A building or portion thereof in which three or more pinball machines, video games, mechanical rides, video gaming terminals, or other similar electronic, player-operated amusement devices are maintained shall meet the following additional regulations:
1. 
As an accessory use, the maximum floor area devoted to such use shall not exceed 500 square feet.
2. 
As a primary use, the recreation facility shall be on a lot which shall front on and gain access from an arterial or collector road.
Where authorized by Article 300 of the ordinance, family day-care facilities are permitted by special exception as an accessory use within a detached dwelling subject to the following criteria:
A. 
All family day-care facilities shall be conducted within a detached single-family dwelling.
B. 
A family day-care facility shall offer care and supervision to no more than six different minors during any calendar day.
C. 
All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.
D. 
An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 25 feet and screened from any adjoining residentially zoned property. A six-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (e.g., not poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade such as a tree(s) or pavilion.
E. 
Passenger drop-off and pick-up areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
Within the C-1 Commercial District and the TV Traditional Village District, warehousing and wholesale trade establishments, contractor's office or shop are permitted subject to the following criteria:
A. 
The applicant shall provide a detailed description of the proposed use in each of the following topics and a complete land development application shall be submitted to the Township once the special exception application has been approved.
1. 
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
2. 
The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size.
3. 
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, waste water, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
B. 
The maximum lot size shall be two acres and the total maximum building area shall not exceed 8,000 square feet.
C. 
Retail sales shall not exceed 20% of the floor area.
D. 
Outdoor storage of materials is prohibited, unless enclosed within a fenced area located in the rear yard and a minimum of 30 feet from all property lines and screened with landscaped buffer plantings in accordance with this ordinance. The maximum area for outdoor storage shall be 750 square feet.
E. 
Screening and a thirty-foot landscaped buffer shall be provided from any loading/unloading dock area that adjoins any residential zoning district and/or existing dwelling. Such screening shall comply with the requirements of § 802.21.
[Added 8-3-2010 by Ord. No. 4-10]
Large manure digesters shall be subject to the following regulations:
A. 
The applicant shall provide a detailed description of the proposed use in each of the following topics and a complete land development application shall be submitted to the Township once the special exception application has been approved.
1. 
The nature of the on-site activities and operations, the types of materials stored and used, the frequency and duration period of storage of materials and the methods for use and disposal of materials. In addition the applicant shall furnish evidence that the use, handling, and disposal of materials will be accomplished in a manner that complies with state and federal regulations.
2. 
The general scale of operation in terms of its market area, specific space and area requirements for each activity, the total number of employees of each shift, and an overall needed site size.
3. 
The proposed use shall be subject to the Industrial Performance Standards of Article 800 of this ordinance, in accordance with provisions relating to the I-1 Light Industrial District.
B. 
The proposed use shall comply with all the requirements of the applicable district, except that all buildings, structures and facilities used as part of the manure digesting operations shall be set back 200 feet from any property line. Additionally, no building, structures, or facility shall be located nearer than 300 feet to an existing residential building unless the owner of such residence waives this restriction in writing to the Township.
C. 
In addition to all provisions set forth in § 1005.3 of this ordinance, the proposed use shall also be required to comply § 1005.3B(1) of this ordinance relating to traffic impacts.